JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 12, 2015 and adjourned Thursday, April 2, 2015
2015 Atlanta, Ga.
OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
2015
DAVID RALSTON .................................................................................................. Speaker 7th DISTRICT, FANNIN COUNTY
JAN JONES ............................................................................................... Speaker Pro Tem 47th DISTRICT, FULTON COUNTY
WILLIAM L. REILLY ................................................................................................ Clerk FANNIN COUNTY
BETSY LYNCH...................................................................................................Messenger COBB 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 BAGWELL ......................................................................Assistant Journal Clerk DEKALB COUNTY
MICHAEL BOZEMAN ..........................................................Assistant Clerk for Enrolling COBB COUNTY
MORGAN WALSH ............................................. Assistant Clerk for Information Systems FULTON COUNTY
CARRIE VICK...............................................Assistant Clerk for Roll Call Operations and Administrative Services
FULTON COUNTY
BELLE DOSS.................................................. Assistant Clerk for Administrative Services FANNIN COUNTY
MONDAY, JANUARY 12, 2015
1
HOUSE JOURNAL
Representative Hall, Atlanta, Georgia
Monday, January 12, 2015
First Legislative Day
The Representatives-elect of the General Assembly of Georgia for the years 20152016 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 William L. Reilly, Clerk of the House of Representatives.
Prayer was offered by Reverend Carl D. Johnson, Not I But Christ Ministries, Tucker, Georgia.
The members pledged allegiance to the flag.
The following communication from the Honorable Brian P. Kemp, Secretary of State, certifying the Representatives-elect for the years 2015-2016, was received and read:
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 in the 2014 General Election held on November 4, 2014; 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 6th day of January, in the year of our Lord Two Thousand and Fifteen and of the Independence of the United States of America the Two Hundred and Thirty-Ninth.
(SEAL)
/s/ Brian P. Kemp Brian P. Kemp, Secretary of State
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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 District 31 District 32 District 33 District 34 District 35 District 36 District 37 District 38 District 39 District 40 District 41 District 42
JOURNAL OF THE HOUSE
Elected Official John V. Deffenbaugh Thomas S. "Steve" Tarvin Thomas D. "Tom" Weldon Jr. Bruce L. Broadrick Sr. John D. Meadows T.S. "Tom" Dickson David E. Ralston Stephen T. Allison Kevin Kermit Tanner T.A. "Terry" Rogers R.C. "Rick" Jasperse J.E. "Eddie" Lumsden Katie M. Dempsey Christian A. Coomer Paul R. Battles O.D. "Trey" Kelley Howard Richard Maxwell Kevin C. Cooke Paulette Rakestraw Braddock Michael R. Caldwell Scot Turner Wesley E. "Wes" Cantrell Mandi L. Ballinger Mark D. Hamilton Michael J. Dudgeon Geoffrey L. Duncan B. Lee Hawkins Robert D. "Dan" Gasaway Carlton W. Rogers Sr. Emory W. Dunahoo Jr. Thomas H. "Tommy" Benton Alan T. Powell T.A. "Tom" McCall Albert T. "Bert" Reeves L. Edwin "Ed" Setzler Earl D. Ehrhart Samuel K. "Sam" Teasley David L. Wilkerson Erica R. Thomas Richard M. "Rich" Golick Michael A. Smith Stacey G. Evans
MONDAY, JANUARY 12, 2015
3
District 43 District 44 District 45 District 46 District 47 District 48 District 49
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 District 74 District 75 District 76 District 77 District 78 District 79 District 80 District 81 District 82 District 83 District 84 District 85
Sharon M. Cooper Donald L. "Don" Parsons Matthew K. "Matt" Dollar John K. Carson Jan S. Jones Harry C. Geisinger Charles E. "Chuck" Martin Jr.
Wendell K. Willard Joseph B. "Joe" Wilkinson Sheila Jones Beth Beskin Tyrone Brooks M. "Able Mable" Thomas Patricia Park "Pat" Gardner Simone Bell Margaret D. Kaiser Keisha Sean Waites Roger B. Bruce LaDawn Blackett "LBJ" Jones R.E. "Ronnie" Mabra Virgil L. Fludd Sharon Beasley-Teague Kimberly A. Alexander M.T. "Micah" Gravley Dustin W. "Dusty" Hightower Randall O. "Randy" Nix E.R. "Lynn" Smith David J. Stover Matthew L. "Matt" Ramsey John P. Yates Valencia Stovall M.E. "Mike" Glanton Andrea Givens Scott Darryl W. Jordan Demetrius M. Douglas Thomas K. "Tom" Taylor Michael J. "Mike" Jacobs M. Scott Holcomb Mary Margaret Oliver Howard A. Mosby Rahn Mayo Karla L. Drenner
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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 District 117 District 118 District 119
District 121 District 122 District 123 District 124 District 125 District 126 District 127 District 128
JOURNAL OF THE HOUSE
Michele Henson Earnest L. "Coach" Williams William W. "Billy" Mitchell Stacey J. Abrams Pamela S. Stephenson D. "Dee" Dawkins-Haigler Tonya P. Anderson Dar'shun Nicole Kendrick Karen L. Bennett Thomas R. "Tom" Rice Pedro R. "Pete" Marin Brooks P. Coleman David T. Clark J. Hugh Floyd Dewey L. McClain Valerie M. Clark G.S. "Buzz" Brockway Timothy L. Barr C.P. "Chuck" Efstration Joyce H. Chandler Brett Harrell David S. Casas B.J. Pak R. Dale Rutledge Andrew J. "Andy" Welch R. Brian Strickland D.C. "Dave" Belton Pamela A. "Pam" Dickerson L. Thomas "Tom" Kirby H.D. "Bruce" Williamson III Terry Lamar England Regina M. Quick Spencer R. Frye Charles E. "Chuck" Williams
Barry Abbott Fleming Benjie L. "Ben" Harbin Barbara W. Sims Henry D. "Wayne" Howard Earnest G. Smith Gloria J. Frazier Brian L. Prince W. Mack Jackson
MONDAY, JANUARY 12, 2015
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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 District 160 District 161 District 162 District 163 District 164 District 165 District 166 District 167 District 168 District 169 District 170 District 171
Susan D. Holmes David W. Knight Johnnie L. Caldwell Jr. Robert T. "Bob" Trammell Jr. John D. Pezold Richard H. Smith Calvin Smyre Carolyn F. Hugley Debbie G. Buckner M.A. "Mike" Cheokas Patty J. Bentley Robert L. Dickey Allen M. Peake Nikki T. Randall James T. Beverly James A. "Bubber" Epps E. Culver "Rusty" Kidd Lawrence E. "Larry" O'Neal Jr. Heath N. Clark O. Hall "Buddy" Harden Jimmy H. Pruett Jr. J.M. "Matt" Hatchett Gerald E. Greene Eugene E. "Ed" Rynders Darrel B. Ealum Winfred J. Dukes J.H. "Jay" Roberts Greg Morris William A. "Bill" Werkheiser Larry J. "Butch" Parrish Jon G. Burns Jan B. Tankersley W.W. Hitchens R.B. "Bob" Bryant J. Craig Gordon J.R. "Ron" Stephens E.V. "Mickey" Stephens Jesse L. Petrea J.B. "Jeff" Jones Al Williams Dominic F. LaRiccia L.P. "Penny" Houston Alfred J. "Jay" Powell Jr.
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JOURNAL OF THE HOUSE
District 172 District 173 District 174 District 175 District 176 District 177 District 178 District 179 District 180
Samuel L. "Sam" Watson Darlene K. Taylor John L. Corbett Amy A. Carter James S. "Jason" Shaw Jr. Dexter L. Sharper John Chadwick Nimmer James A. "Alex" Atwood Jason C. Spencer
The following communications were received:
State of Georgia Office of the Governor Atlanta 30334-0900
April 28, 2014
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 identified language to disregard for the following sections in House Bill 744:
Non-Binding Information Language to Disregard
Section 15, pertaining to the Department of Behavioral Health and Developmental Disabilities, page 20, line 586;
Section 17, pertaining to the Department of Community Health, page 30, line 885; and
Section 27, pertaining to the Department of Human Services, page 69, line 2158.
The messages for each item referenced above are attached.
Sincerely, /s/ Nathan Deal
MONDAY, JANUARY 12, 2015
7
ND:rb
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. David A. Cook, Secretary of the Senate Mr. Bill Reilly, Clerk of the Georgia House of Representatives Mr. Wayne R. Allen, Legislative Counsel
HB 744 FY 2015 Appropriations Bill
Intent Language Considered Non-Binding
Section 15, pertaining to the Department of Behavioral Health and Developmental Disabilities, page 20, Line 586:
The General Assembly seeks to direct the Department of Behavioral Health and Developmental Disabilities to enter into a Memorandum of Understanding with the Georgia Vocational Rehabilitation Agency in order to receive additional federal funding for supported employment services. The General Assembly further directs that the Georgia Vocational Rehabilitation Agency direct $1,000,000 of the additional federal funding to the Department of Behavioral Health and Developmental Disabilities. Page 23, Line 675 of HB 744 also directs the Department to provide an actionable plan to the General Assembly to create third party cooperative arrangements between the Department, University System of Georgia, Technical College System of Georgia, and Georgia Student Finance Commission to maximize financial assistance for vocational rehabilitation clients. It is premature to redirect resources between agencies prior to the creation of an actionable plan detailing how best to maximize available financial assistance for vocational rehabilitation services. Therefore, the Department is authorized to determine the most efficient use of available resources to maximize services for vocational rehabilitation clients in accordance with federal regulations and the general law powers of the Department.
Section 17, pertaining to the Department of Community Health, page 30, line 885:
The general Assembly seeks to instruct the Department to provide emergency transportation for medically indigent citizens 21 years of age and older by rotary wing air ambulance at the same reimbursement rates as citizens under the age of 21 through the Departmental Administration and Program Support program. The purpose of the Departmental Administration and Program Support program is to provide administrative
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JOURNAL OF THE HOUSE
support to all departmental programs. Review and reimbursement of health care claims to providers for medical services falls outside the scope of the purpose of the Departmental Administration program. Additionally, no funds were appropriated to the program to support implementation of the policy. The Departmental Administration and Program Support program does not have sufficient internal resources to redirect funds to implement this policy. 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 27, pertaining to the Department of Human Services, page 69, line 2158:
The General Assembly seeks to direct the Georgia Vocational Rehabilitation Agency to enter into a Memorandum of Understanding with the Department of Behavioral Health and Developmental Disabilities in order to receive additional federal funding for supported employment services. The General Assembly further directs that the Georgia Vocational Rehabilitation Agency direct $1,000,000 of the additional federal funding to the Department of Behavioral Health and Developmental Disabilities. Page 68, Line 2121 of HB 744 also instructs the Agency to provide an actionable plan to the General Assembly to create third party cooperative arrangements with the Department of Behavioral Health and Developmental Disabilities, University System of Georgia, Technical College System of Georgia, and Georgia Student Finance Commission to maximize financial assistance for vocational rehabilitation clients. It is premature to redirect resources between agencies prior to the creation of an actionable plan detailing how best to maximize available financial assistance for vocational rehabilitation services. Therefore, the Agency is authorized to determine the most efficient use of available resources to maximize services for vocational rehabilitation clients in accordance with federal regulations and the general law powers of the Agency.
State of Georgia Office of the Governor Atlanta 30334-0900
April 29, 2014
The Honorable David Ralston Speaker of the Georgia House
of Representatives 332 State Capitol Atlanta, Georgia 30334
Dear Speaker Ralston:
MONDAY, JANUARY 12, 2015
9
I have vetoed House Bills 670, 729, 769, 837, 858, 905, 906, and 1146 which passed the General Assembly during the 2014 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:rt
Attachment
cc: The Honorable Casey Cagle, Lieutenant Governor The Honorable Brian Kemp, Secretary of State The Honorable Sam Olens, Attorney General Mr. Bill Reilly, Clerk of the Georgia House of Representatives Mr. David A. Cook, Secretary of the Georgia State Senate Mr. Wayne R. Allen, Legislative Counsel
State of Georgia Office of the Governor Atlanta 30334-0900
April 29, 2014
The Honorable Casey Cagle President of the Senate 240 State Capitol Atlanta, Georgia 30334
The Honorable David Shafer President Pro Tempore 321 State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Cagle and Senator Shafer:
I have vetoed Senate Bills 281 and 326 which passed the General Assembly during the 2014 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 veto. This bill and corresponding reason for the veto is attached.
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JOURNAL OF THE HOUSE
Sincerely,
/s/ Nathan Deal
ND:rt
Attachment
cc: The Honorable David Ralston, Speaker of the Georgia House of Representatives The Honorable Brian Kemp, Secretary of State The Honorable Sam Olens, Attorney General Mr. David A. Cook, Secretary of the Georgia State Senate Mr. Bill Reilly, Clerk of the Georgia House of Representatives Mr. Wayne R. Allen, Legislative Counsel
Veto Number 1
SB 281: Senate Bill 281 would require that the State of Georgia offer a specific type of health insurance product in the state health insurance plan. The Department of Community Health has announced the plan to procure additional product offerings for the state health insurance plan which closely mirrors the general intent of this legislation. I agree with the author of this legislation that the state health insurance plan should include additional options, particularly options that are consumer-driven. However, to avoid any problem with the new product offerings not specifically conforming to the rather specific requirements set out in this legislation, out of an abundance of caution, I hereby VETO Senate Bill 281.
Veto Number 2
SB 326: The original as filed Senate Bill 326 was amended with language providing additional daily expense allowance for the members of the State Personnel Board, the State Transportation Board, the Veterans Service Board, the Board of Natural Resources, and the State Board of Education. Current law sets the daily expense allowance for members at $105. This bill increases the board members' daily expense allowance by sixty-seven percent. Given the lack of justification provided for such increases in the board members' daily expense allowance, I hereby VETO Senate Bill 326.
Veto Number 3
HB 670: Currently, business trade names are housed and accessed in the Superior Courts of our state. This bill would create a statewide registry of business trade names to be housed and maintained by the Georgia Superior Court Clerks' Cooperative Authority. Several provisions of this legislation are concerning. This legislation would effectively
MONDAY, JANUARY 12, 2015
11
increase taxes on small businesses by raising trade name registration fees and would add new fees for canceling or reregistering existing trade names. I also have significant concerns about the language in the bill which attempts to dedicate these fees for a specific purpose. For these reasons, I VETO HB 670.
Veto Number 4
HB 729: Georgia's existing Title Ad Valorem Tax law ("TAVT"), enacted March 1, 2013, eliminated the "birthday tax" and substituted it with a one-time payment upon the transfer of the vehicle title. I support the main effort of this bill, which sought to ensure there was no gaming of the vehicle trade-in valuations during the purchase and trade-in of a used car. However, the inclusion of the language regarding a lease finance company being eligible for a trade-in reduction at the end of a leased term significantly changes the trade-in definition. Current law states that local governments must receive a base amount and the first recalibration of the disbursements is Jan. 1, 2016. The first recalibration of the state target collection is July 1, 2015, which will determine if the tax rate requires a change. The negative effects of the lease provision on the state and local collections would be addressed in both recalibrations. I am vetoing this legislation because I believe it is too soon to implement a law that adversely affects revenue, thus, leaving the state of Georgia TAVT taxpayers in a more unstable position as the split between the state and local governments share of this revenue. Accordingly, I VETO HB 729.
Veto Number 5
HB 769: House Bill 769 changes the description of education districts in Schley County. The author of the legislation requested that House Bill 769 be vetoed because qualifying has already occurred under the existing districts. If the districts were to change after qualifying, it would incur a large cost on the Board of Education and on the taxpayers. Having reviewed the legislation and considered the request of the author of this legislation, I VETO HB 769.
Veto Number 6
HB 837: House Bill 837 provides updates and certain expansions to the role of private companies in the administration of probation services in Georgia. There is language in this legislation that would exempt certain key information about private probation services from the Georgia Open Records Act. I favor more transparency over private probation services and therefore I am not in favor of this information being exempt from the Georgia Open Records Act. In addition, it is my understanding that the Supreme Court of Georgia has under its consideration an appeal that would address the role of private probation services and, while the current law pertaining to private probation services remains in effect, this legislation seeks to have a preemptive impact on any decision in that appeal. With these considerations in mind, I VETO House Bill 837.
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JOURNAL OF THE HOUSE
Veto Number 7
HB 858: House Bill 858 authorizes the Recorder's Court of Columbus to levy up to a $25 technology fee to each fine imposed. In 2013, I signed legislation authorizing the Recorder's Court of Columbus to levy up to a $15 technology fee. A $25 fee is excessive compared to similar court fees across the state and I am concerned that such a fee increase would set an unacceptable precedent for other similar courts. For this reason, I VETO HB 858.
Veto Number 8 and 9
HB 905 and HB 906: House Bills 905 and 906 are bills that update the territorial boundaries for the City of Brookhaven and the City of Chamblee. Currently, there is pending litigation involving the property at issue in this legislation and this legislation could pre-empt that process. For this reason, I VETO HB 905 and HB 906.
Veto Number 10
HB 1146: House Bill 1146 would allow state funds appropriated to the Effingham County Board of Education to be used for the compensation of board members. Current state law and current rules of the State Board of Education dictate that compensation of local board members be through local tax revenues. Past local legislation affecting school board compensation does not include language which name state appropriations as an appropriate fund source. Because state appropriations are not an appropriate source for local board of education compensation funding, I hereby VETO House Bill 1146.
House of Representatives Administration Floor Leader
109 State Capitol Atlanta, Georgia 30334
November 7, 2014
The Honorable Nathan Deal Governor, State of Georgia State Capitol Atlanta, GA 30334
Dear Governor Deal,
I was proud to accept your offer to fill the position of Commissioner of the Georgia Department of Revenue for your second term of office.
MONDAY, JANUARY 12, 2015
13
My acceptance of your offer necessitates my withdrawal as a candidate prior to taking office as the member of the Georgia House of Representatives for District 50, pursuant to O.C.G.A. 21-2-504.
I withdraw on this date in hopes that the House District 50 seat may be filled in an expedient manner, potentially prior to the commencement of the 2015 session of the Georgia General Assembly.
I am deeply grateful to you for the honor you have bestowed upon me to serve the citizens of Georgia in this role.
Sincerely,
/s/ Lynne Riley Representative Lynne Riley
CC: Honorable Brian Kemp Georgia Secretary of State
State of Georgia Office of the Governor Atlanta 30334-0900
November 7, 2014
The Honorable Lynne Riley Representative, District 50 Georgia House of Representatives 10605 Wren Ridge Road Johns Creek, Georgia 30022
Dear Representative Riley:
Thank you for the service you have rendered as the District 50 Representative in the Georgia House of Representatives. I appreciate you apprising me of your resignation, effective November 7, 2014.
Your withdrawal is hereby accepted, and I wish you all the best. Once again, thank you for your dedicated service to the citizens of Fulton County and State of Georgia.
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JOURNAL OF THE HOUSE
Sincerely,
/s/ Nathan Deal
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cc: The Honorable Brian Kemp, Secretary of State The Honorable David Ralston, Speaker, Georgia House of Representatives Mr. Bill Reilly, Clerk, Georgia House of Representatives
House of Representatives 133 State Capitol
Atlanta, Georgia 30334
November 24, 2014
Honorable Nathan Deal Governor, State of Georgia State Capitol Atlanta, Georgia 30334
Dear Governor Deal:
Due to health reasons, I am withdrawing as a candidate prior to taking office as the member of the Georgia House of Representatives for District 120, pursuant to O.C.G.A. 21-2-504.
I withdraw on this date in hopes that the House District 120 seat may be filled in an expedient manner, potentially prior to the commencement of the 2015 session of the Georgia General Assembly.
The decision was not taken lightly. I am extremely grateful to have had the opportunity to serve the people of my district and the state of Georgia.
It has been an honor and privilege to serve as a representative under your leadership.
Sincerely,
/s/ Mickey Channell R. M. "Mickey" Channell Representative, District 120
MONDAY, JANUARY 12, 2015
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cc: Honorable Brian Kemp, Secretary of State Honorable David Ralston, Speaker Mr. Bill Reilly, Clerk
MEMO
TO:
Members of the Georgia House of Representatives
FROM: Speaker David Ralston
DATE:
December 2, 2014
------------------------------------------------------------------------------------------------------------
Pursuant to House Rule 12, I am today creating and appointing a Committee on
Assignments for 2015-2016.
In addition to the Speaker and Majority Leader, who serve by operation of Rule 12.2, the following members are hereby appointed to the Committee on Assignments.
Speaker Pro-Tem Jan Jones Majority Caucus Chairman Matt Hatchett Majority Caucus Whip Matt Ramsey Majority Caucus Vice-Chairman Sam Teasley Majority Caucus Secretary-Treasurer Allen Peake Chairman Jon Burns Chairman Amy Carter Chairman Sharon Cooper Chairman Tom Dickson Chairman Terry England Chairman Rich Golick Chairman Mark Hamilton Chairman Penny Houston Chairman Earl Ehrhart Chairman John Meadows Chairman Jay Powell Chairman Jay Roberts Chairman Ed Rynders Chairman Richard Smith Chairman Lynn Smith Chairman Ron Stephens
State of Georgia Office of the Governor
Atlanta 30334-0090
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JOURNAL OF THE HOUSE
December 30, 2014
Mr. Bill Reilly 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 Christian Coomer, the Honorable Robert Dickey, the Honorable Chad Nimmer, and the Honorable Terry Rogers as my Floor Leaders in the Georgia House of Representatives during the 2015 Session of the Georgia General Assembly. Please afford them all due rights and compensation in accordance with these positions, effective immediately.
If I can be of further service, please do not hesitate to contact me.
Sincerely,
/s/ Nathan Deal
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cc: Ms. Jennifer Sanders, Legislative Fiscal Officer
House Majority Caucus 415 State Capitol Atlanta, GA 30334
January 5, 2015
Clerk of the House 309 State Capitol Building Atlanta, GA 30334
Dear Mr. Clerk:
The House Majority Caucus held Caucus elections November 10, 2014. The following members were elected/re-elected to serve the 2015-2016 Legislative term.
Speaker: Rep. David Ralston, HD 7 Speaker Pro Tem: Rep. Jan Jones, HD 47
MONDAY, JANUARY 12, 2015
17
Majority Caucus Leader: Rep. Larry O'Neal, HD 146 Majority Caucus Whip: Rep. Matt Ramsey, HD 72 Majority Caucus Chair: Rep. Matt Hatchett, HD 150 Majority Caucus Vice-Chair: Rep. Sam Teasley, HD 37 Majority Caucus Secretary/Treasurer: Rep. Allen Peake, HD 141
Best regards,
/s/ J. Matt Hatchett Matt Hatchett, Chair House Majority Caucus
House of Representatives Coverdell Legislative Office Building, Room 409 A
Atlanta, Georgia 30334
January 5, 2015
Mr. Bill Reilly Clerk of the House 309 State Capitol Atlanta, Georgia 30334
Dear Mr. Reilly:
It is the beginning of another Legislative Session where we will be working for all the citizens of Georgia. I am pleased to share the House Democratic Caucus 2015 and 2016 Leadership. It is as follows:
Representative Stacey Abrams Representative Carolyn Hugley Representative Virgil L. Fludd Representative Billy Mitchell Representative Pat Gardner Representative David Wilkerson Representative Simone Bell
Minority Leader Minority Whip Minority Caucus Chairman Minority Caucus Vice Chairman Minority Caucus Secretary Minority Caucus Treasurer Minority Deputy Whip
Looking forward to a successful year as we continue to serve the people of Georgia.
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Sincerely,
/s/ Virgil L. Fludd State Representative, District 64
OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE
HOUSE DISTRICT 154 GEORGIA HOUSE OF REPRESENTATIVES
I do solemnly swear or affirm that I will support the Constitution of this State and of the United States and, on all questions and measures which may come before me, I will so conduct myself as will, in my judgment, be most conducive to the interests and prosperity of this state.
I further swear or affirm that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof, that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state, that I have been a resident of my district for the time required by the Constitution and the laws of this state, and that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia.
SO HELP ME GOD.
LOYALTY OATH
I am a citizen of the State of Georgia and a member of the General Assembly and the recipient of public funds for services rendered as such officer and I do hereby solemnly swear and affirm that I will support the Constitution of the United States and the Constitution of Georgia.
SO HELP ME GOD.
/s/ Rep. Winfred Dukes STATE REPRESENTATIVE
Sworn to and subscribed before me,
This 12th day of January, 2015.
/s/ Denise Marshall Judge, Dougherty Superior Court
MONDAY, JANUARY 12, 2015
19
The roll was called and the following Representatives answered to their names:
Abrams Alexander Allison Anderson Atwood Ballinger Barr Battles Beasley-Teague Bell Belton Bennett Bentley Benton Beskin Beverly Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter Casas Chandler Cheokas Clark, D Clark, H Clark, V Coleman Cooke
Coomer Cooper Corbett Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon E Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Floyd Fludd Frazier Frye Gardner Gasaway Geisinger Glanton Golick Gordon Gravley Greene Hamilton
Harbin Harden Harrell Hatchett Hawkins Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jacobs Jasperse Jones, J Jones, J.B. Jones, L Jones, S Jordan Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lumsden Mabra Marin Martin Maxwell Mayo McCall
McClain Meadows Mitchell Morris Mosby Nimmer Oliver O'Neal Pak Parrish Parsons Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick Rakestraw Ramsey Randall Reeves Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sims Smith, E
Smith, L Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R Stephenson Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner Waites Watson Welch Weldon Werkheiser Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker
The following member was off the floor of the House when the roll was called:
Representative Nix of the 69th.
He wished to be recorded as present.
The following oath of office was administered to the Representatives-elect by the Honorable Mandy Mercier, Judge, Superior Court, Appalachian 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,
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JOURNAL OF THE HOUSE
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 2015-2016 term, Representative O`Neal of the 146th placed in nomination the name of the Honorable David Ralston of the 7th, which nomination was seconded by Representative Meadows of the 5th.
Representative Hatchett of the 150th moved that the nominations be closed.
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 Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague N Bell
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish
Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland
MONDAY, JANUARY 12, 2015
21
Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Douglas Y Drenner Y Dudgeon E Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd N Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Houston Y Howard N Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims Y Smith, E Y Smith, L
Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
Vacant, 120th Vacant, 50th Y Waites Y Watson Y Welch Y Weldon Y Werkheiser N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E Y Williamson Y Yates Ralston, Speaker
On the election of the Speaker, the Honorable David Ralston of the 7th received 170 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.
The Chair appointed as a Committee to escort the Speaker to the Speaker's stand the following members:
Representatives Efstration of the 104th, Hatchett of the 150th, Epps of the 144th, Kelley of the 16th, Rogers of the 10th, Cheokas of the 138th, Dollar of the 45th, Jasperse of the 11th, Hawkins of the 27th, Ballinger of the 23rd, and Tankersley of the 160th.
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 2015-2016 term, Representative Dickey of the 140th placed in nomination the name of the Honorable Jan Jones of the 47th, which nomination was seconded by Representative Tanner of the 9th.
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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 Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague N Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon E Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd N Fludd Y Frazier Y Frye N Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston Y Howard N Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows N Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims 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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
Vacant, 120th Vacant, 50th Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 168 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.
MONDAY, JANUARY 12, 2015
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The Speaker appointed as a committee to escort the Speaker Pro Tem to the Speaker's stand the following members:
Representatives Clark of the 101st, Cooper of the 43rd, Harbin of the 122nd, Harden of the 148th, Setzler of the 35th, Pak of the 108th, Parrish of the 158th, and Quick of the 117th.
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 20152016 term, Representative Roberts of the 155th placed in nomination the name of the Honorable William L. Reilly of Fannin County, which nomination was seconded by Representative Oliver of the 82nd.
Representative O`Neal of the 146th moved that the nominations be closed.
The election of the Clerk was ordered on the roll call machine. Those voting for the Honorable William L. Reilly voted "aye," those opposed voted "nay."
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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon E Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rice Y Roberts Y Rogers, C
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
Vacant, 120th Vacant, 50th Y Waites Y Watson Y Welch Y Weldon
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Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims Y Smith, E Y Smith, L
Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates Y Ralston, Speaker
On the election of the Clerk of the House, The Honorable William L. Reilly received 176 votes.
The Honorable William L. Reilly 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 Jasperse of the 11th, Powell of the 32nd, Cooper of the 43rd, Holcomb of the 81st, Kaiser of the 59th, and Bryant of the 162nd.
The following oath of office was administered to the Honorable William L. Reilly, 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 Clerk 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 2015-2016 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 Abrams of the 89th.
MONDAY, JANUARY 12, 2015
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Representative O`Neal of the 146th moved that the nominations be closed.
The election of the Doorkeeper was ordered on the roll call machine. Those voting for the Honorable Phil Tucker voted "aye," and those opposed voted "nay."
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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon E Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims 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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
Vacant, 120th Vacant, 50th Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 Doorkeeper of the House, The Honorable Phil Tucker received 174 votes.
The Honorable Phil Tucker was thereby declared elected Doorkeeper of the House for the ensuing term.
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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 2015-2016 term, Representative England of the 116th placed in nomination the name of the Honorable Betsy Lynch of Cobb County, which nomination was seconded by Representative Peake of the 141st.
Representative O`Neal of the 146th moved that the nominations be closed.
The election of the Messenger was ordered on the roll call machine. Those voting for the Honorable Betsy Lynch voted "aye," those opposed voted "nay."
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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon E Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims 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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
Vacant, 120th Vacant, 50th Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates Ralston, Speaker
MONDAY, JANUARY 12, 2015
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On the election of the Messenger of the House, The Honorable Betsy Lynch received 173 votes.
The Honorable Betsy Lynch 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 Resolution of the House was read and adopted:
HR 6. By Representative O`Neal of the 146th
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 O`Neal of the 146th
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 2014 Regular Session of the General Assembly are hereby adopted as the Rules of the House of Representatives for the 2015-2016 biennium of the General Assembly unless and until otherwise provided by resolution of the House of Representatives.
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
Y Coomer Y Cooper Y Corbett N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens N Holcomb Y Holmes
Y Meadows N Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish
N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson Y Stovall Y Stover Y Strickland
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Y Belton N Bennett N Bentley Y Benton Y Beskin N Beverly Y Broadrick Y Brockway N Brooks N Bruce Y Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
N Douglas N Drenner Y Dudgeon E Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming N Floyd N Fludd N Frazier N Frye N Gardner Y Gasaway Y Geisinger N Glanton Y Golick N Gordon Y Gravley Y Greene Y Hamilton
Y Houston N Howard N Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. N Jones, L Y Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo Y McCall N McClain
Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J N Prince Y Pruett Y Quick Y Rakestraw Y Ramsey
Randall Y Reeves Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sims N Smith, E Y Smith, L
Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, E N Trammell Y Turner
Vacant, 120th Vacant, 50th N Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 122, nays 53.
The Resolution was adopted.
The following Resolutions of the House were read and adopted:
HR 8. By Representative O`Neal of the 146th
A RESOLUTION
Relative to officials, employees, and committees in the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the following provisions shall be in effect during the 2015-2016 biennium of the General Assembly unless 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
MONDAY, JANUARY 12, 2015
29
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 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
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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 annual salary of the Clerk of the House shall be as determined by the Speaker. 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 may, at the discretion of the Speaker, 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 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
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31
committee of one for the purpose of carrying out legislative duties only within the State of Georgia. Subject to any limits established pursuant to Section 5-3 of this resolution, 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. (b) In addition to the days provided for in subsection (a) of this section and without counting toward 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.
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
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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.
SECTION 5-3. The Speaker shall be authorized to set limits on the number of days per year that a member shall receive the allowances authorized in Sections 4-2 (committee of one) and 5-2 (committee meetings during interim) of this resolution. For this purpose a year shall begin on the opening day of a regular session and end on the day prior to the opening day of the next regular session.
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 9. By Representative O`Neal of the 146th
A RESOLUTION
Calling a joint session of the House of Representatives and Senate for the purpose of the inauguration of the Governor, the Lieutenant Governor, and other executive Constitutional Officers of the State of Georgia; and for other purposes.
MONDAY, JANUARY 12, 2015
33
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the House of Representatives and Senate shall meet in joint session at 2:00 P.M., Monday, January 12, 2015, on Liberty Plaza opposite the State Capitol for the purpose of inaugurating the Honorable Nathan Deal as Governor, inaugurating the Honorable Casey Cagle as Lieutenant Governor, and inaugurating those other executive Constitutional Officers of the State of Georgia identified in Article V, Section III, Paragraph I of the Constitution of Georgia.
BE IT FURTHER RESOLVED that if, in the determination of the Speaker of the House of Representatives, conducting such joint session on Liberty Plaza is not practical due to inclement weather or other good cause, then such joint session shall be conducted in the chamber of the House of Representatives on the same date and at the same time specified above.
Representative O`Neal of the 146th asked unanimous consent that HR 9 be immediately transmitted to the Senate.
It was so ordered.
HR 10. By Representative O`Neal of the 146th
A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Nathan Deal, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Wednesday, January 14, 2015, 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.
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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.
HR 11. By Representative O`Neal of the 146th
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; inviting each other Justice of the Supreme Court and each Judge of the Court of Appeals to be present at the joint session; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the honorable Chief Justice of the Supreme Court is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Wednesday, February 4, 2015, 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 of Representatives 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 Resolutions of the House were read and referred to the Committee on Rules:
HR 12. By Representatives Carter of the 175th, Ralston of the 7th, England of the 116th, McCall of the 33rd, Dickson of the 6th and others:
A RESOLUTION commending the Georgia FFA Association and inviting members to be recognized by the House of Representatives; and for other purposes.
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HR 13. By Representative Cheokas of the 138th:
A RESOLUTION commending Skyler McAllister and Jordan Moses, members of the 2013-2014 Marion County High School Literary Team in its Boys Quartet State Championship, and Anastasia Daniels, member of the Girls Trio in its Region 1-A Championship, 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 12 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 12. By Representatives Carter of the 175th, Ralston of the 7th, England of the 116th, McCall of the 33rd, Dickson of the 6th and others:
A RESOLUTION commending the Georgia FFA Association and inviting members to be recognized by the House of Representatives; and for other purposes.
The following member was recognized during the period of Morning Orders and addressed the House:
Representative Stovall of the 74th.
The following messages were received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 2. By Senators Shafer of the 48th, Cowsert of the 46th and Henson of the 41st:
A RESOLUTION to notify the House of Representatives that the Senate has convened; and for other purposes.
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Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 3. By Senators Shafer of the 48th, Cowsert of the 46th and Henson of the 41st:
A RESOLUTION to notify the Governor that the General Assembly has convened; and for other purposes.
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 9. By Representative O`Neal of the 146th:
A RESOLUTION calling a joint session of the House of Representatives and Senate for the purpose of the inauguration of the Governor, the Lieutenant Governor, and other executive Constitutional Officers of the State of Georgia; and for other purposes.
The following Resolution of the Senate was read and adopted:
SR 3. By Senators Shafer of the 48th, Cowsert of the 46th and Henson of the 41st:
A RESOLUTION to notify the Governor that the General Assembly has convened; and for other purposes.
The Speaker announced the House in recess until the hour of convening the Joint Session pursuant to HR 9.
The hour of convening the Joint Session pursuant to HR 9 having arrived, the members of the House and Senate met for the purpose of inaugurating the Honorable Nathan Deal as Governor and the Honorable Casey Cagle as Lieutenant Governor.
The inaugural program was as follows:
The Inauguration of Nathan Deal
and the Constitutional Officers of the
State of Georgia January the Twelfth, Two Thousand and Fifteen
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The 82nd Governor of Georgia Nathan Deal
Under Gov. Nathan Deal's leadership, Georgia has risen to become the No. 1 place in the nation in which to do business, a goal achieved by creating the Competitiveness Initiative, reforming our tax code, shaping our educational system to support our workforce needs and recruiting businesses to relocate here.
As Georgia's 82nd governor since January 2011, he has cut state taxes, eliminated state agencies, reduced the state government workforce, saved HOPE from the brink of bankruptcy, championed education innovations and implemented significant cost-saving reforms in our criminal justice system. He fought to increase public safety on our waterways, improved our workforce by aiding veterans and technical college students and enacted stricter rules on lobbying to boost public trust.
Though he has reduced the size of state government, Gov. Deal has prioritized education and child safety funding as state revenues rebound from the Great Recession. In 2014, the governor increased k-12 spending by more than half a billion dollars, the largest funding increase in education in seven years. As concerned about our children's safety as he is about their education, Gov. Deal has also started a three-year plan to add nearly 500 new child welfare case workers at DFCS.
Gov. Deal's public service to his state spans four decades. The Sandersville native served in the U.S. Army at Fort Gordon in Augusta after graduating with a law degree from Mercer University, and then began a private law practice in Gainesville, the hometown of his wife, Sandra Dunagan Deal. While his wife taught in Hall County public schools, the governor began a long span of service to his community as prosecutor, judge, state senator and U.S. congressman.
During his 17 years in Congress, Deal rose to chair the Health Subcommittee of Energy and Commerce, where he became a noted expert on entitlement reform and health care policy.
Deal ended his congressional career to campaign for governor, becoming the Republican nominee in August 2010 and then winning the governorship in November of that year. Nathan Deal was reelected as Georgia's governor on Nov. 4, 2014.
The Governor and First Lady have four adult children and six grandchildren.
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A Georgia Legacy
Dear Friends,
Sandra and I are humbled by and grateful for the support you've shown us over the past four years. It has been the privilege of my life to serve as your governor and I am honored to work on your behalf and for every single Georgian for another term. We thank our supporters, voters and volunteers from every corner of the state for their faith in us.
From a young age, Sandra and I were taught the importance of faith, family, and service. We've strived to make it the cornerstone of our lives. That's why we chose the Scripture verse 1 Peter 4:10 as the theme of this inauguration:
"Each of you should use whatever gift you have received to serve others, as faithful stewards of God's grace in various forms."
With this in mind, we call on you once again to join us in serving your communities in whatever way possible.
During the past four years, I worked every day to help create jobs and make Georgia the No. 1 place in the nation in which to do business. Together, we accomplished that goal three times over. We've helped create more than 300,000 private-sector jobs, lowered taxes for all Georgians, and maintained our AAA bond rating. We've invested in education, transportation, workforce development and implemented criminal justice reforms that are already paying dividends.
I'm proud of what we've accomplished these past four years, but we have only just begun. In the coming years, I'll continue working with our congressional delegation, constitutional officers and legislators to build upon our successes. Georgia's best days are ahead of us and we look forward to our bright future. With your help, we will keep Georgia No. 1 for the next generation.
Thank you and God bless.
/s/ Nathan Deal
Georgia's First Lady, Sandra Deal
First Lady Sandra Deal, the daughter of educators, has dedicated her life to encouraging childhood education. As a Georgia public school teacher, she taught for more than 15 years, and retired as a sixth grade middle school teacher in Hall County.
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She has furthered those efforts in her role as Georgia's First Lady, and promoting literacy has been one of her top priorities. As part of her "Read Across Georgia" tour, Sandra has visited and read in all 159 counties and 181 school districts to encourage student reading. To date, she has visited more than 320 schools, encouraging students to love reading and to become "life-long learners." Like her husband, the First Lady believes a good education is the key to future success.
Community service and volunteering is also a top focus of the First Lady's. To that end, Sandra launched "With a Servant's Heart" in 2011. What began as a statewide day of service quickly grew into regular participation in community service programs and volunteer events across Georgia.
The First Lady serves as Chair of the Governor's Office for Children and Family, where she promotes a statewide effort to strengthen and support families and communities. Mrs. Deal also serves as Co-Chair of the Georgia Children's Cabinet, which coordinates policies and resources to improve outcomes for children and families. Among other issues, the First Lady provides leadership on child welfare and juvenile justice issues in Georgia.
Sandra grew up in Gainesville and graduated from Georgia College & State University. The Deals have been married for 47 years and have four children and six grandchildren. They attend First Baptist Church in Gainesville.
With a Servant's Heart A Day of Service
As a teacher, I didn't just teach to one child. I taught every student in the class, and that has been the foundation of my approach to the platform that comes along with being the First Lady of Georgia. In 2011, Nathan and I launched the "With a Servant's Heart" initiative. Volunteerism, community involvement and outreach are at the foundation of our family, and in turn, the foundation of "With a Servant's Heart." It has been our mission to spread these ideals throughout Georgia.
My goal is that every Georgian, no matter the background or circumstance, commits to creating awareness for the importance of volunteerism by allowing one's actions to speak louder than words, to give with a servant's heart.
Nathan and I want to commend those who have given their time, talents, and the necessary resources to make "With A Servant's Heart" such a success this year and in years past.
Thank you for joining us in this vital project. /s/ Sandra Deal
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Each of you should use whatever gift you have received to serve others, as faithful stewards of God's grace in its various forms. 1 Peter 4:10
Friends,
Thank you for taking part in the 2015 Inaugural Celebration. We were honored when Gov. Nathan Deal and First Lady Sandra Deal asked us to chair these historic events. Gov. Deal has led this state with compassion and a sense of purpose the past four years. His conservative leadership guided our state out of the Great Recession, and it is evident that, with his continued guidance, Georgians' best days are ahead.
With public service at the core of Gov. Deal and Mrs. Deal's heart, it was only fitting to kick-start the inaugural festivities with a day dedicated to joining our fellow Georgians to help those most in need. In 2011, The First Lady and Governor Deal launched "With a Servant's Heart" as a way to encourage people to give back and go forth into their respective communities with hearts concentrated on serving others. We were overwhelmed by the benevolence displayed at the first year's day of service, and we look forward to seeing this tradition flourish each year as it has in years past.
At Gov. Deal's direction, we set out to make this a commemorative celebration for each of our state constitutional officers who have worked alongside one another to lead this great state with strong conservative values. Georgia has chosen Republican leadership for every facet of statewide office, as we move forward from this historic event, let us pledge to build this foundation ever stronger.
In closing, we want to extend special thanks to all the volunteers, benefactors, and Inaugural staff who worked on this event throughout the holiday season. The hard work they contributed to continue and enrich the historic traditions of the Inaugural Ceremony is unmatched. It is a first-rate tribute to our state, and a true testament to our wonderful Governor and First Lady.
/s/ Tricia Pridemore Tricia Pridemore Co-Chair
/s/ Edens Davis Edens Davis Co-Chair
Honorary Co-Chairs
Banks and Missy Burgess Jason Deal Mary Emily O'Bradovich Carrie Wilder Katie Deal
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Executive Celebration Committee
Richard Anderson Chris Clark Sean Collins Heather & Terry Cook Sheila Cook Shann Cook Loyd Shan Cooper Ken Cronan Kevin Curtin Bill Davis Jay Davis Jerry Donovan Bill Dudley Bill Dudley Skin Edge Philip Ellender Randy Evans Rachel Farmer Greg Ford Brian Hudson Morgan Kendrick Bill Linginfelter Hank Linginfelter
Hala Moddelmog Bo Moore Jay Morgan Bill Morie Mary & John Padgett Doreen & Alec Poitevint Neil Pruitt Pete Robinson Mike Smith Wes Smith Jeff Sprecher & Kelly Loeffler Kessel Stelling Rogers Wade Jim Walters John Watson John White Mary Hart & Philip Wilheit Sr. Ray Williams Paul Wood
Georgia Inaugural History
In Georgia and across the United States, there is a deep respect for the rich history of gubernatorial inaugurations.
For well over a century in Georgia, the swearing-in of a new governor took place before a relatively small audience. The ceremony was usually held in the chamber of the Georgia House of Representatives before an audience of a joint session of the legislature and citizens in the gallery.
Having taken the Oath of Office, Georgia's new governor would then swear-in the other constitutional officers and deliver his inaugural address before those in attendance.
In 1946, the inaugural ceremony was moved outdoors, providing thousands of Georgians the opportunity to view the special event. Though held indoors in recent years, Gov. Nathan Deal decided to return to the festivities outdoors for his first inauguration. In 2011, unfortunately, due to weather constraints the ceremony was forced indoors.
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This year, Gov. Nathan Deal and the constitutional officers will institute a tradition that will forever change gubernatorial inaugurations in Georgia. With the Georgia State Capitol as the backdrop, the 2015 group of elected officials will pledge to preserve, protect and defend the liberties provided by the Constitution at the newly constructed Liberty Plaza.
The Liberty Plaza
Gov. Nathan Deal chose the newly constructed Liberty Plaza as the site of the inaugural ceremony due to its historic significance and his commitment to the project.
"Holding the swearing-in ceremony in the new plaza, which Georgians have advocated for and worked toward for decades, is fitting," Deal said. "The public should have a safe place to assemble, and we believe Liberty Plaza will hold an important place in public debate and assemblies for many years to come."
Liberty Plaza, a public park and gathering space across the street from the Gold Dome, is the result of more than 100 years' effort to create a safe civic area for large rallies and gatherings. The plaza, designed to accommodate several thousand people, will prevent large assemblies from spilling into street traffic. Previously, a decades-old parking deck, deemed a hazard, was located on the site.
Throughout the 20th century, multiple plans were offered for a public gathering space before being scrapped. One of the first proposals was submitted in 1910 with the title "A Dream of the Heart of Atlanta, Ga., The Half Million City."
Liberty Plaza will hold the Liberty Bell and the Statue of Liberty replicas.
The Liberty Bell
Georgia's Liberty Bell will ring for the first time in decades to mark the start of Gov. Deal's swearing-in ceremony. The bell, a gift from the Truman administration, will be housed in the newly constructed Liberty Plaza.
"The Liberty Bell, much like Liberty Plaza, has historical significance to our state," Deal said. "It was intended for use at patriotic occasions, and we look forward to restoring that tradition. It is my hope that the Liberty Bell will become part of Georgia's inaugural ceremony for years to come."
The recently restored bell previously sat on the grounds of the Capitol.
Full-size replicas of the Liberty Bell were presented to each of the 50 states in 1950 as part of a U.S. savings bond drive called "Save for Your Independence." The Treasury
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Department, along with several private companies, selected Paccard Foundry in Annecyle-Vieux, France, to cast the bells.
The plaque accompanying the bell reads:
Dedicated to you, a free citizen in a free land.
This reproduction of the Liberty Bell was presented to the people of Georgia at the direction of The Honorable John W. Snyder, Secretary of the Treasury.
As the inspirational symbol of the United State Savings Bond Independence drive from May 15 to July 4, 1950, the Liberty Bell was displayed in every part of the state.
The dimensions and tone are identical with those of the original Liberty Bell when it rang out our independence in 1776.
In standing before this symbol, you have the opportunity to dedicate yourselves as, did our founding fathers, to the principles of the individual freedom for which our nation stands.
Constitutional Officers
Nathan Deal Governor
Casey Cagle Lt. Governor
Brian Kemp Secretary of State
Sam Olens Attorney General
Gary Black Agriculture Commissioner
Ralph Hudgens Insurance Commissioner
Mark Butler Labor Commissioner
Richard Woods State School Superintendent
Chuck Eaton Public Service Commissioner
Doug Everett Public Service Commissioner
Tim Echols Public Service Commissioner
Bubba McDonald Public Service Commissioner
Stan Wise Public Service Commissioner
Lieutenant Governor of Georgia Casey Cagle
My Fellow Georgians,
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I am honored to welcome you to today's inauguration as we reflect on the tremendous progress that has been made over the last four years and commit ourselves to the greatness Georgia's future has to offer.
Together, we have come a long way and there is much to be proud of. Georgia is recognized as the top place in the country to do business, home of the world's busiest airport, one of the fastest growing ports, and the headquarters of many of the world's leading companies.
As we continue to build a Georgia that is filled with prosperity for all, we must build a personalized education system that provides opportunities for Georgia's students and businesses. Through innovative solutions, our educational system can be a driving force of the economy of the future. Our college and career academies are closing the skills gap and giving Georgia kids the skills they need to succeed in the global economy.
These things don't happen by accident. It takes all of us working together. Georgians across the state have stepped up to the plate to change our state for the better through hard work and determination. Gov. Deal and my colleagues in the General Assembly have provided the leadership necessary to take our state toward greatness. And the Almighty above has blessed us beyond measure.
As a native son of Georgia, I will forever be grateful for all of the opportunities our state has offered me. My presence on the stage today is a testament to the power of the American dream and the fact that it is alive and well in Georgia. And I look forward to preserving those same opportunities for generations to come so our children and grandchildren will know like we do that there is no better place to call home than Georgia.
As Nita and I stand before you to take the oath of office, we are humbled by your trust and support. Together, let's boldly embrace the opportunities that lie ahead and continue to prove to the world that Georgia's brightest days are always yet to come. It is an incredible honor to serve as your Lt. Governor and I look forward to working every day to make you proud.
Sincerely,
/s/ Casey Cagle Lt. Governor Casey Cagle
Georgia State Senate
John Albers Brandon Beach
Emanuel Jones John Kennedy
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Jeff Deffenbaugh Steve Tarvin Tom Weldon Bruce Broadrick, Sr. John Meadows Tom Dickson David Ralston Stephen Allison Kevin Tanner Terry Rogers Rick Jasperse Eddie Lumsden Katie Dempsey Christian Coomer Paul Battles Trey Kelley
Charlie Bethel Ellis Black Dean Burke Gloria Butler Bill Cowsert Mike Crane Gail Davenport Mike Dugan Vincent Fort Frank Ginn Steve Gooch Marty Harbin Ed Harbison Tyler Harper Bill Heath Steve Henson Hunter Hill Jack Hill Judson Hill Chuck Hufstetler Lester G. Jackson Bill Jackson Donzella James Rick Jeffares Harold Jones Burt Jones
Greg Kirk William Ligon David Lucas, Sr. P.K. Martin Josh McKoon Fran Millar Butch Miller Jeff Mullis Nan Orrock Elena Parent Ronald Ramsey, Sr. Michael Rhett Valencia Seay David Shafer Freddie Powell Sims Jesse Stone Horacena Tate Bruce Thompson Curt Thompson Lindsey Tippins Ross Tolleson Renee Unterman Ben Watson John Wilkinson Tommie Williams Michael Williams
Georgia House of Representatives
Jan Jones Harry Geisinger Chuck Martin Wendell Willard Joe Wilkinson Sheila Jones Beth Beskin Tyrone Brooks "Able" Mable Thomas Pat Gardner Simone Bell Margaret Kaiser Keisha Waites Roger Bruce Ladawn Jones Ronnie Mabra
Karen Bennett Tom Rice Pete Marin Brooks Coleman David Clark Hugh Floyd Dewey McClain Valerie Clark Buzz Brockway Timothy Barr Chuck Efstration Joyce Chandler Brett Harrell David Casas B.J. Pak Dale Rutledge
Allen Peake Nikki Randall James Beverly Bubber Epps Rusty Kidd Larry O'Neal Heath Clark Buddy Harden Jimmy Pruett Matt Hatchett Gerald Greene Ed Rynders Darrel Ealum Winfred Dukes Jay Roberts Greg Morris
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Howard Maxwell Kevin Cooke Paullette Braddock Michael Caldwell Scot Turner Wes Cantrell Mandi Ballinger Mark Hamilton Mike Dudgeon Geoff Duncan Lee Hawkins Dan Gasaway Carl Rogers Emory Dunahoo Tommy Benton Alan Powell Tom McCall Bert Reeves Ed Setzler Earl Ehrhart Sam Teasley David Wilkerson Erica Thomas Rich Golick Michael Smith Stacey Evans Sharon Cooper Don Parsons Matt Dollar John Carson
Virgil Fludd Sharon Teague Kimberly Alexander Micah Gravely Dustin Hightower Randy Nix Lynn Smith David Stover Matt Ramsey John Yates Valencia Stovall Mike Glanton Sandra Scott Darryl Jordan Demetrius Douglas Tom Taylor Mike Jacobs Scott Holcomb Mary Margaret Oliver Howard Mosby Rahn Mayo Karla Drenner Michele Henson Earnest Williams Billy Mitchell Stacey Abrams Pamela Stephenson Dee Dawkins-Haigler Tonya Anderson Dar'shun Kendrick
Andy Welch Brian Strickland Dave Belton Pam Dickerson Tom Kirby Bruce Williamson Terry England Regina Quick Spencer Frye Chuck Williams Barry Fleming Ben Harbin Barbara Sims Wayne Howard Earnest Smith Gloria Frazier Brian Prince Mack Jackson Susan Holmes David Knight Johnnie Caldwell Bob Trammell John Pezold Richard Smith Calvin Smyre Carolyn Hugley Debbie Buckner Mike Cheokas Patty Bentley Robert Dickey
Bill Werkheiser Butch Parrish Jon Burns Jan Tankersley Bill Hitchens Bob Bryant Craig Gordon Ron Stephens Mickey Stephens Jesse Petrea Jeff Jones Al Williams Dominic LaRiccia Penny Houston Jay Powell Sam Watson Darlene Taylor John Corbett Amy Carter Jason Shaw Dexter Sharper Chad Nimmer Alex Atwood Jason Spencer
Speaker of the House David Ralston
Greetings,
Today, we celebrate one of our most cherished rights the right we have to choose those who serve in positions of public trust and leadership.
At the same time, I want to commend those who leave office today for their service to the state of Georgia. Public service is truly a rewarding experience, but also one of great sacrifice. For your efforts, we owe you a tremendous debt of gratitude.
For those who are being sworn in today, we all know that many challenges await us. I believe that the people of Georgia have chosen their elected representation well and that together we are ready to build a greater future for our state.
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As the 2015 session begins, I look forward to serving with Gov. Deal, Lt. Gov. Cagle, members of the General Assembly and each state official being sworn in today as we continue on our path of progress as a state.
I am excited about our future because I truly believe Georgia's greatest days are still to come. I am grateful for your trust and the opportunity to continue serving you.
Sincerely,
/s/ David Ralston David Ralston, Speaker Georgia House of Representatives
Inaugural Program
Liberty Plaza Tuesday, Jan. 12, 2015 2 p.m.
Pre-Ceremony 116th Army Band Georgia Army National Guard Chief Warrant Officer Mark Cummings, Presiding Officer
Georgia on My Mind Banks & Shane and the Utopian Academy of the Arts Childrens Choir
Joint Session Call to Order The Speaker of the House, David Ralston
Presentation of Colors The Georgia State Patrol Honor Guard
The National Anthem Mr. Timothy Miller, Tenor
Invocation Dr. Dwight "Ike" Reighard Senior Pastor, Piedmont Church
Delivery of the Great Seal Secretary of State, Brian Kemp
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Administration of Oath of Office to the Governor The Honorable Jason Deal
19 Gun Salute The United States Army
Administration of Oath of Office to the Lieutenant Governor Gov. Nathan Deal
Inaugural Remarks Lt. Gov. Casey Cagle
Administration of Oath of Office to Constitutional Officers Secretary of State Brian Kemp Attorney General Sam Olens Agriculture Commissioner Gary Black Insurance Commissioner Ralph Hudgens State School Superintendent Richard Woods Labor Commissioner Mark Butler
Inaugural Address Gov. Nathan Deal
Benediction Dr. Bruce Morgan Pastor Emeritus, First Baptist Church of Griffin
Dissolution of Joint Session of Legislature Lt. Gov. Casey Cagle
Inaugural Benefactors
AFLAC American Council of Engineering Companies of Georgia Angie & Leo Wells Anheuser-Busch Companies, Inc. Associated General Contractors of Georgia AT&T Atlanta Braves Atlanta Gas Light Bennie Hewett Bey & Associates LLC
Law Offices of William F. Underwood III Linley Jones PC Lockheed Martin Aeronautics Company Madeleine N. Peake Malone Law Office Massey Watson Bowers & Hembree Matthey Lemak Maximus Maxine & Bob Burton McGuireWoods McKenna Long & Aldridge LLP
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Blue Cross Blue Shield of Georgia Boone & Stone Brian & Trish Burdette Bruce A. Hagen, Attorney at Law Butler Wooten Cheeley & Peak LLP C. Andrew Childers, PC Cancer Treatment Centers of America Cash, Krugler & Fredericks LLC Chambers & Aholt LLP Civil Justice PAC, Inc. Clark & Smith Law Firm LLC Comcast Community Loans of America Cook & Connelly Cook, Noell, Tolley & Bates LLP Correcthealth Corrections Corporation of America CSX Transportation Darren Tobin, Butler Tobin LLC David S. Bills PC DaVita Healthcare Partners Delta Air Lines, Inc. Delta Dental Insurance Company Eugene C. Brooks IV, PC EY Families for Better Public Schools Fried Rogers Goldberg LLC Gene & Janie Dunman George & Ellen Powers Georgia Agribusiness Council, Inc. Georgia Association of Convenience Stores Georgia Association of Educators Georgia Automobile Dealers Association Georgia Bankers Association Georgia Chamber of Commerce Georgia Dental Associates PAC Georgia EMC Georgia Health Care Association Georgia Hospital Association Georgia Mining Association Georgia Natural Gas Georgia Poultry Federation Georgia Power Company
Mednax Metro Atlanta Chamber of Commerce Michael J. Blakely Michael L. Neff PC Mitchell & Shapiro LLP Moraitakis & Kushel, LLP Morgan & Morgan Mr. and Mrs. Mark C. West Mr. and Mrs. Robert S. Jepson, Jr. NCR NFIB/Georgia Norfolk Southern Corp. Oglethorpe Power Parker Executive Search Peach State Health Plan Perimeter Business Alliance/Perimeter Community Improvement Districts Perkins Law Firm LLP Pfizer Philip & Mary Hart Wilheit Pope, McGlamry, Kilpatrick, Morrison & Norwood PC Post Properties Private Clinic North PruittHealth Publix RCR Capital Consulting Regions Robert Hammers Robert K. Finnell PC Robin Frazer Clark PC Sabal Trail Transmission SCANA Energy Schnitzer Southeast, LLC Scientific Games Sewon America, Inc. Shann Cook Loyd Sheila Cook Slappey & Sadd LLC Slover, Prieto, Marigliano, Holbert LLC Sunovion Pharmaceuticals SunTrust Superior Plumbing
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Georgia Transmission Georgia Transportation Alliance Georgia Trial Lawyers Association Georgia Veterinary Medical Association Gerald Davidson Jr., PC GTECH Gulfstream Aerospace Corp. Harris Penn Lowry LLP Hewlett-Packard HNTB Corporation Home Depot Hospital Corporation of America Humana Hyatt & Hyatt PC J. Franklin Burns PC Jackson EMC James B. Matthews James Butler III James Gingrey James R. Miller IV James S. Balloun Jeff Sprecher & Kelly Loeffler Jennifer S. Ivey Jim & Sarah Borders JM Family Enterprises John & Cathy Cleveland John Deere John T. Mroczko, PC Johnson & Johnson Jon R. Hawk Jones, Osteen & Jones Kaufman Law PC Kenneth L. Shigley King & Spalding LLP Lance A. Cooper PC Law Office of Mary D. Lewis
Suzanne & Don Leebern, Jr. Swedish Match North America Synovus Financial Corporation Taulbee, Rushins, Snipes, Marsh, & Hodgin LLC Ted & Joni Smith Tedra C. Hobson Terry & Heather Cook The Coca-Cola Company The DeVry Group The Dickinson Law Firm The Downey Law Firm LLC The GEO Group The Gibson Law Firm, LLC The Jordan Firm LLC The Law Firm of Smith & Tillery, PC The Mabrey Firm, PC The Southeast Permanente Medical Group The Speed Firm, PC TMX Finance Troutman Sanders LLP Troutman Sanders Strategies United Technology Corporation UnitedHealth Group Universal Health Services, Inc. UPS Walgreens Walmart Stores Inc. Warshauer Law Group PC Watkins, Lourie, Roll & Chance PC WellCare of Georgia WINDSTREAM Wine & Spirits Wholesalers of Georgia Woodward & Stern, LLC Yancey Brothers Co. Zachary H. Thomas
The Governor and First Lady extend their appreciation and thanks to the inaugural committee, including the hundreds of volunteers, contributors, and staff whose hard work made the inauguration possible.
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Tom Willis Executive Director
Claire Davis Deputy Director of Finance
Neil Bitting Deputy Executive Director
Bobby Saparow Director of With a Servant's Heart
Jennifer Talaber Director of Communications
Brian Harris Director of Prayer Service
Katie McCreary Deputy Director of Communications
Tyler Adams Director of Production
Elizabeth Bettis and Collier Hatchett Director of Protocol
Ryan Williams Director of Ticketing
Rebecca Cumminsky Director of Finance
Pearson Cunningham Director of Transportation and Logistics
Ben Jarrard External Affairs Liaison
Lyndy Rogers External Affairs Liaison
Alyse Williams Office Manager
In Loving Memory of Mack Burgess
A loving son, faithful friend and steadfast colleague. It was an honor to know you and work with you. Your passion for life was evident in everything you did. Until we meet again, may God hold you in the palm of his hand. Mack Burgess, 1989-2014. Rest In Peace.
The following inaugural address was delivered by His Excellency, Governor Nathan Deal:
Lt. Governor Cagle, Speaker Ralston, President Pro Tem Shafer, Speaker Pro Tem Jones, members of the General Assembly, constitutional officers, members of the consular corps, members of the judiciary, my fellow Georgians:
Today, we stand under the watchful eye of History. In a nation founded by pilgrims seeking new religious freedoms, in a state formed by an English nobleman looking to give debtors and religious refugees from the Old World a fresh start, in a city symbolized by the phoenix rising from the ashes of a civil war, and across from a new plaza where Georgians of today and tomorrow can exercise their rights to speak freely, to petition and
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to assemble, the hundreds of you here today represent the 10 million people across Georgia as we inaugurate a new term, a new vision, a new mandate to address the needs of our citizens.
This is an occasion not to honor me or those who come after me, but rather to celebrate the will of the people of Georgia. Inaugurations of elected officials pay homage to our democracy - to the belief that all citizens have a say in who governs them.
While we planned to have this ceremony in our new forum, Liberty Plaza-which pays tribute to our freedoms, those rights endowed by God, enshrined in our Constitution and defended by free men and women-Mother Nature had a different idea, as she did four years ago. However, if this term produces results on a magnitude of those of my first term, I gladly gather with all of you inside this beautiful Chamber.
In that plaza, which we will dedicate this Friday afternoon, we prominently display symbols of our freedoms: the Statue of Liberty and Georgia's Liberty Bell. Soon, on Capitol grounds, we'll add a statue of Georgia's native son, Dr. Martin Luther King Jr., who helped fulfill America's promise of freedom and equality for all. He serves as a symbol for those ideals, but history recognizes him as a man of action. Within our new plaza, the symbols of freedom will welcome the exercise of freedom. There, Georgians will engage in the marketplace of ideas. There, they will advocate or oppose government actions. There, they will assemble to express their thoughts and opinions, openly and without fear.
What we do as elected officials under this iconic gold dome directly affects the lives of all Georgians, and our duty is to seek policies that will allow every citizen to realize their full potential so that liberty and freedom will have real meaning in their lives. As we celebrate this new beginning today, we reflect on how forward-looking leadership creates powerful new beginnings in the individual lives of Georgians.
Those who have never lost their freedom can easily take it for granted. Perhaps, therefore, liberty may hold some deeper meaning for those who have lost it and are now seeking to regain it. In Georgia, we have taken monumental steps in recent years to give nonviolent offenders a new beginning. As a result, our alternative courts are paying dividends for offenders, their families and taxpayers. We have indeed found a smarter way to address the cases of nonviolent offenders whose underlying issues are addiction or mental illness. Instead of burdening taxpayers with the cost of a prison sentence, instead of branding the offender with the stigma of incarceration, these individuals are getting the treatment they need; they are keeping jobs; and they are keeping families together.
At the beginning of the current fiscal year, there were roughly 4,700 active participants in our accountability courts seeking a second chance. For those individuals and their families, these new beginnings are restoring hope.
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The greatest affirmation of the success of these reforms comes from Georgians who tell Sandra and me their personal stories of how accountability courts have given them a second chance to break their addictions and reclaim their lives. These stories come from people we meet in shops, restaurants and the working world of Georgia. Several days ago I stopped at a small sandwich shop. The lady who took my order recognized me and immediately told me her story of how she had graduated from a local drug court. She repeated the refrain that is universal in these encounters: "Drug court saved my life." She told me she was the mother of five children and that without that second chance she would not be able to work and support her family. Our reforms are working.
For those who are already in our prison system, many of them now have the chance for a new beginning too. Approximately 70 percent of Georgia's inmates don't have a high school diploma. If their lack of an education is not addressed during their incarceration, when they re-enter society they have a felony on their record but no job skills on their rsum. I am here to tell you, an ex-con with no hope of gainful employment is a danger to us all. This is why we must work to get these individuals into a job. Our prisons have always been schools. In the past, the inmates have learned how to become better criminals. Now they are taking steps to earn diplomas and gain job skills that will lead to employment after they serve their sentences.
Augusta is home to a fine example of what an opportunity at a new life can mean for an individual who has exited our prison system. A former inmate by the name of Sean has proven that a helping hand, a pleasant demeanor and persistence in the face of adversity go a long way in shaping a person's future. While he was in a state transitional center, Sean worked at the Governor's Mansion. Over time, Sandra and I grew to know him. He has since been paroled, and I am proud to tell you, he currently works for Goodwill. He has received a promotion for his strong performance, been nominated for Goodwill International Employee of the Year and now serves as Banquet Catering Sales Coordinator employing skills he developed at the Mansion. He will soon begin taking classes in a college program, where he intends to earn a degree and become a counselor. I am pleased that Sean is with us today.
While it is important that our criminal justice system punish those who have harmed the lives and property of our citizens, it should also seek to change the direction of their lives so that they will not repeat their criminal conduct upon release. Punishment for bad conduct coupled with fundamental changes that lead to good conduct are the ingredients that result in True Justice.
While Sean's story began before our Criminal Justice Reforms were passed, his conduct and that of many others who were seeking a better life upon their release, gave me confidence that we could find a successful pathway if we had the courage to do so. Our message to those in our prison system and to their families is this: If you pay your dues to society, if you take advantage of the opportunities to better yourself, if you discipline
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yourself so that you can regain your freedom and live by the rules of society, you will be given the chance to reclaim your life. I intend for Georgia to continue leading the nation with meaningful justice reform.
Most of us who grew up in Georgia were blessed with a great public education, and most of you had the same opportunity I had, made possible by those teachers and administrators who invested in us. I am honored today to have my high school English teacher, Mrs. Shirley Friedman, as well as several of my classmates from Washington County High School, joining us on this occasion.
Education is often at the heart of new beginnings. With the blessing of Georgia's voters, in our first term we created a Charter School Commission to make sure concerned parents and communities would have alternatives from which to choose if their children were trapped in failing schools.
That was certainly the case for the parents and children at Clayton County's Utopian Academy for the Arts, whose students put on an amazing and inspiring performance for us earlier. These students are blessed to have parents willing to fight for them and a visionary principal, Artesius Miller, who overcame many obstacles to open the school.
Theirs is a story of determination, conviction and passion, and the children who sang for us today are the beneficiaries. You can see that hard work and discipline are paying off in their lives.
Without the charter school amendment, many of these children would still be sitting in schools that are underperforming. But because Georgia did the right thing, they will have a brighter future. In several years, many of them will be the first in their families to attend college. These are exciting new beginnings, and we will work in this term to plant more of these opportunities.
As governor, my top priority has been creating new jobs, so that those who take the time to acquire education and workforce skills will then be able to support themselves and their families. This task has been particularly difficult as our state has been recovering from the Great Recession. And yet, we've created more than 319,000 new jobs in the private sector in the past four years. Just six days ago we announced that Mercedes-Benz USA is establishing its North American headquarters here, creating hundreds of new high-paying jobs.
Let us not lose the significance in the statistic. Behind each one of those job numbers is a personal story. Every so often, I get to hear some of those stories myself. Let me read you a piece of a letter I received this past fall from a young girl in metro Atlanta:
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"I'm 11 years old and live in DeKalb County, go to Peachtree Charter Middle School and love it here in Georgia. By the way thank you for becoming governor because those thousands of jobs you gave Georgia was one of my moms."
The girl who wrote me that letter is here today with her mother and twin sister. Angelique, will you and your family please stand and be recognized. I want you to know that we will continue to create jobs over the next four years for others like your mom.
These are the stories of new beginnings for Georgians seeking to recapture their lives, for Georgians seeking to learn and achieve, for Georgians seeking to earn a living. These stories are what have inspired me for the past four years and what excite me about this second term. They are why I'm honored that the citizens of this state have affirmed their faith in the positive direction we're going by giving me this opportunity to serve once again.
These next four years are about building upon the foundation we have laid. While we have accomplished much, we have much left to do. That work is a new beginning. It begins today.
May God bless you and may God continue to bless the great state of Georgia.
The Joint Session was dissolved.
The Speaker called the House to order.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
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Representative Hall, Atlanta, Georgia
Tuesday, January 13, 2015
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 E Beasley-Teague Bell Bennett Bentley Benton Beskin Beverly Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter E Casas Cheokas Clark, D Clark, H Clark, V Coleman Cooke Coomer
Cooper Corbett Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas E Drenner Dudgeon E Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway Geisinger E Glanton E Golick Gordon Gravley Greene Hamilton
Harbin Harden Harrell Hatchett Hawkins Henson Hightower Hitchens Holcomb Holmes Houston Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, L Jones, S Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lumsden Mabra Marin Martin Maxwell Mayo McCall McClain Meadows
Mitchell Mosby Nimmer Nix Oliver O'Neal Pak Parrish Parsons E Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick Rakestraw Ramsey Randall Reeves Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sims E Smith, E Smith, L
Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R E Stephenson Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner Waites Watson Welch Weldon Werkheiser Wilkerson Wilkinson E 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 Belton of the 112th, Chandler of the 105th, Floyd of the 99th, Howard of the 124th, Jacobs of the 80th, Jordan of the 77th, and Morris of the 156th.
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They wished to be recorded as present.
Prayer was offered by Dr. Aaron Menikoff, Head Pastor, Mt. Vernon Baptist Church, Sandy Springs, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 8.
By Representatives Brooks of the 55th, McClain of the 100th, DawkinsHaigler of the 91st and Thomas of the 56th:
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 9.
By Representatives Brooks of the 55th, Waites of the 60th, Dawkins-Haigler of the 91st and Scott of the 76th:
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A BILL to be entitled an Act to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to labor and industrial relations, so as to provide that it shall be unlawful for any employer to include on an application for employment a question inquiring whether the applicant has ever been arrested for, charged with, or convicted of any crime; to provide for exceptions; to provide that such information may be sought during the first interview with the applicant; to provide that the criminal history records of an applicant may be sought after the first interview with the applicant; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 13. By Representatives Brooks of the 55th, Dawkins-Haigler of the 91st and Marin of the 96th:
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 identification and regulation with regard 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 motor vehicle; to require annual training of law enforcement officers on impermissible uses of race and ethnicity in stopping motor vehicles; to require law enforcement officers to document the race, ethnicity, and gender of drivers and passengers under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 41. By Representative Smith of the 125th:
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 what public officers may receive for participation in certain activities; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 42. 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
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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 43. By Representative Smith of the 125th:
A BILL to be entitled an Act to amend Subpart 3 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student records, so as to provide that both parents are entitled to pick up and drop off their child from school unless a court order has terminated such right; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 44. By Representative Smith of the 125th:
A BILL to be entitled an Act to amend Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to the regulation of aeronautics, aircraft, and airports, so as to provide for definitions; to prohibit the operation of unmanned aerial vehicles in certain areas; to amend Code Section 51-9-9 of the Official Code of Georgia Annotated, relating to interference with property rights, so as to provide for an exception to the right of action; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 45. By Representative Smith of the 125th:
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 an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
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HR 3.
By Representatives Brooks of the 55th, Dawkins-Haigler of the 91st, Williams of the 168th and Scott of the 76th:
A RESOLUTION expressing profound regret for Georgia's role in slavery and expressing intent that this resolution shall not be used in, or be the basis of, any type of litigation; and for other purposes.
Referred to the Committee on Governmental Affairs.
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 13 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 13. By Representative Cheokas of the 138th:
A RESOLUTION commending Skyler McAllister and Jordan Moses, members of the 2013-2014 Marion County High School Literary Team in its Boys Quartet State Championship, and Anastasia Daniels, member of the Girls Trio in its Region 1-A 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 14. By Representative Brooks of the 55th:
A RESOLUTION honoring Eugene Patterson for his contributions to the Civil Rights Movement; and for other purposes.
HR 15. By Representative O`Neal of the 146th:
A RESOLUTION commending Amanda Miliner, a former Miss Georgia, for winning the 2015 Georgia Teacher of the Year award; and for other purposes.
HR 16. By Representative O`Neal of the 146th:
A RESOLUTION honoring Mrs. Hazel Colson and celebrating her 70th year in nursing; and for other purposes.
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HR 17. By Representative Kidd of the 145th:
A RESOLUTION recognizing January 13, 2015, as Georgia Academy of Audiology Day at the state capitol; and for other purposes.
HR 18. By Representatives Burns of the 159th, Knight of the 130th, Roberts of the 155th, McCall of the 33rd, England of the 116th and others:
A RESOLUTION recognizing January 15, 2015, as Sportsmen's and Coastal Day at the capitol; and for other purposes.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolutions of the House:
HR 10. By Representative O`Neal of the 146th:
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 11. By Representative O`Neal of the 146th:
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; inviting each other Justice of the Supreme Court and each Judge of the Court of Appeals to be present at the joint session; and for other purposes.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Dickson of the 6th et al., Burns of the 159th, Williams of the 168th, and O`Neal of the 146th.
Pursuant to HR 12, the House commended the Georgia FFA Association and invited members to be recognized by the House of Representatives.
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Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
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Representative Hall, Atlanta, Georgia
Wednesday, January 14, 2015
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 Anderson Atwood Ballinger Barr Battles E Beasley-Teague Bell Belton Bennett Bentley Benton Beskin Beverly Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter E Casas Chandler Cheokas Clark, D Clark, H
Clark, V Coleman Cooke Coomer Cooper Corbett E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Douglas Drenner Dudgeon E Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Floyd Frazier Frye Gasaway Geisinger Glanton E Golick Gordon
Gravley Greene Hamilton Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, L E Jones, S Kaiser Kelley Kidd Kirby Knight LaRiccia Lumsden Mabra Marin Martin Maxwell
Mayo McCall McClain Meadows Mitchell Morris Mosby Nimmer Nix O'Neal Pak Parrish Parsons Peake Petrea Pezold Powell, A Powell, J Prince Quick Rakestraw Ramsey Reeves Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw
Smith, E Smith, L Smith, R Spencer Stephens, M Stephens, R E Stephenson Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Teasley Thomas, A.M. Trammell Turner Waites Watson E Welch E Weldon Werkheiser Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson E Yates Ralston, Speaker
Due to a mechanical malfunction, Representatives Sims of the 123rd and Thomas of the 39th were not recorded on the attendance roll call. They wished to be recorded as present.
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The following members were off the floor of the House when the roll was called:
Representatives Dollar of the 45th, Fludd of the 64th, Gardner of the 57th, Jacobs of the 80th, Jordan of the 77th, Kendrick of the 93rd, Oliver of the 82nd, Randall of the 142nd, Smith of the 41st, Smyre of the 135th, and Taylor of the 79th.
They wished to be recorded as present.
Prayer was offered by Reverend Bryant Wright, Pastor, Johnson Ferry Baptist Church, Marietta, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the Committees:
HB 15. By Representatives Turner of the 21st, Kelley of the 16th, Pak of the 108th, Teasley of the 37th, Cantrell of the 22nd and others:
A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to allow for the sale of consumer fireworks not prohibited under federal law; to provide for a short title; to provide for definitions; to amend Code Section 16-7-80 of the Official Code of Georgia Annotated, relating to definitions relative to crimes related to explosives and other devices, so as to correct cross-references; to amend Chapter 60 of Title 36 of the Official Code of
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Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to allow for local regulation of fireworks; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 16. By Representative Prince of the 127th:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain programs and activities under the "Quality Basic Education Act," so as to provide that no high school which receives funding under Article 6 of Chapter 2 of Title 20, the "Quality Basic Education Act," shall participate in or sponsor interscholastic sports events conducted by any athletic association unless the association allows students enrolled in magnet schools to tryout for and participate on athletic teams of their resident school under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 46. By Representatives Turner of the 21st, Caldwell of the 20th, Stover of the 71st, Spencer of the 180th, Barr of the 103rd and others:
A BILL to be entitled an Act to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting, so as to provide that any candidate in an election or primary shall be entitled to inspect and reproduce absentee ballots for a certain period of time after the election or primary; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 47. By Representatives Cooper of the 43rd, Meadows of the 5th, Hawkins of the 27th, Hatchett of the 150th, Beverly of the 143rd and others:
A BILL to be entitled an Act to amend Code Section 26-4-80 of the Official Code of Georgia Annotated, relating to dispensing prescription drugs, so as to authorize certain refills of topical ophthalmic products under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
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HB 48. By Representatives Coleman of the 97th and Rice of the 95th:
A BILL to be entitled an Act to amend Code Section 40-2-85.3 of the Official Code of Georgia Annotated, relating to special license plates honoring family members of service members killed in action, so as to extend eligibility to apply for such license plates to include a surviving spouse of a sibling of the service member; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 49. By Representatives Harrell of the 106th, Knight of the 130th, Fludd of the 64th, Powell of the 171st and Houston of the 170th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for electronic service of certain notices; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 50. By Representatives Benton of the 31st, Buckner of the 137th and Greene of the 151st:
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 waive sovereign immunity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Properties.
HB 51. By Representatives Benton of the 31st and Stephens of the 164th:
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 Judiciary.
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HB 52. By Representatives Quick of the 117th, Caldwell of the 131st, Jones of the 62nd, Oliver of the 82nd, Weldon of the 3rd and others:
A BILL to be entitled an Act to amend Code Section 19-9-1 of the Official Code of Georgia Annotated, relating to parenting plans, so as to change provisions requiring parenting plans to be incorporated into final orders involving the custody of a child; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 53. By Representative Waites of the 60th:
A BILL to be entitled an Act to amend Chapter 22 of Title 31 of the Official Code of Georgia Annotated, relating to clinical laboratories, so as to provide that a person consenting to the provision of medical or surgical care by a health care provider operates as consent for such provider to perform an HIV test; to provide for withdrawal of consent for an HIV test; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 54. 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, prison guards, and Highway Emergency Response Operators of the Department of Transportation 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 a definition; to provide for voluntary donations through state income tax returns and drivers' licenses for funding; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
By unanimous consent, the following Bills and Resolution of the House were read the second time:
HB 8 HB 13
HB 9 HB 41
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HB 42 HB 44 HR 3
HB 43 HB 45
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Dudgeon of the 25th, Dickey of the 140th, Broadrick of the 4th, Burns of the 159th et al., Roberts of the 155th, and Bentley of the 139th.
The following Resolution of the House was read:
HR 19. 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 of the 2015 regular session of the General Assembly for the period of Thursday, January 15, 2015, through Thursday, February 12, 2015, shall be as follows:
Thursday, January 15 ..................................................................in session for legislative day 4 Friday, January 16 through Sunday, January 25 ................................................. in adjournment Monday, January 26 ....................................................................in session for legislative day 5 Tuesday, January 27 ....................................................................in session for legislative day 6 Wednesday, January 28...............................................................in session for legislative day 7 Thursday, January 29 ..................................................................in session for legislative day 8 Friday, January 30 through Sunday, February 1 ................................................. in adjournment Monday, February 2 ....................................................................in session for legislative day 9 Tuesday, February 3 ..................................................................in session for legislative day 10 Wednesday, February 4.............................................................in session for legislative day 11 Thursday, February 5 through Sunday, February 8.............................................in adjournment Monday, February 9 ..................................................................in session for legislative day 12 Tuesday, February 10 ................................................................in session for legislative day 13 Wednesday, February 11...........................................................in session for legislative day 14 Thursday, February 12 ..............................................................in session for legislative day 15
BE IT FURTHER RESOLVED that on and after February 12, 2015, the periods of adjournment of the 2015 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.
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BE IT FURTHER RESOLVED that the meetings of the General Assembly shall be held as prescribed in Code Section 28-1-2 of the Official Code of Georgia Annotated, except as otherwise provided by this resolution; and, as authorized by said Code section, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House.
BE IT FURTHER RESOLVED that whenever, due to an emergency or disaster, resulting from manmade or natural causes or enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of the General Assembly at the State Capitol in Atlanta, Fulton County, and the Governor has by proclamation declared an emergency temporary location or locations for the seat of government in accordance with Code Section 38-352, the Speaker of the House of Representatives and the President of the Senate may, by joint agreement, order the suspension of the schedule of legislative days provided by this resolution and provide for reconvening the General Assembly at such temporary location or locations in accordance with Code Sections 38-3-52 and 38-3-53 on such date and at such time as they deem practical.
BE IT FURTHER RESOLVED that whenever, due to an emergency or disaster, resulting from manmade or natural causes or enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of the General Assembly at the State Capitol in Atlanta, Fulton County, but the Governor has not by proclamation declared an emergency temporary location or locations for the seat of government in accordance with the above, the Speaker of the House of Representatives and the President of the Senate may, by joint agreement, order the suspension of the schedule of legislative days provided by this resolution and provide for reconvening the General Assembly at the State Capitol in Atlanta, Fulton County, on such date and at such time as they deem practical.
BE IT FURTHER RESOLVED that, in any case of suspension of the schedule of legislative days as authorized by this resolution, the Speaker of the House of Representatives and the President of the Senate shall provide for prompt notice of the same to all members of the House of Representatives and all members of the Senate, respectively, by such means as such officers deem practical and efficient. During any such period of suspension, the remainder of the schedule of legislative days provided by this resolution shall not apply, and the General Assembly's next legislative day shall begin at the date and time jointly specified by such officers for reconvening the General Assembly. Following such reconvening, the General Assembly may adopt another joint resolution providing for a new schedule of legislative days.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
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Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway
Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas
Drenner Y Dudgeon E Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince
Pruett Y Quick Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rice Y Roberts Y Rogers, C Y Rogers, T
Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims 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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D
Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
Vacant, 120th Vacant, 50th Y Waites Y Watson E Welch E Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard 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 was adopted.
Representative O`Neal of the 146th asked unanimous consent that HR 19 be immediately transmitted to the Senate.
It was so ordered.
The following Resolutions of the House were read and adopted:
HR 20. By Representatives Taylor of the 79th, Brooks of the 55th and Wilkinson of the 52nd:
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A RESOLUTION honoring the lives and memory of Tony J. Zivalich and H. Joanne Zivalich; and for other purposes.
HR 21. By Representative Tankersley of the 160th:
A RESOLUTION recognizing and commending Jonathan Sinclair Wagner; and for other purposes.
HR 22. By Representative Tankersley of the 160th:
A RESOLUTION recognizing and commending Gunther James Read Griffin; and for other purposes.
HR 23. By Representatives Waites of the 60th, Williams of the 168th, Stephens of the 165th and Gordon of the 163rd:
A RESOLUTION commending Mr. Wilson Moran for his outstanding community service and congratulating him and his wife, Ernestine Moran, on their fiftieth wedding anniversary; and for other purposes.
HR 24. By Representatives Fludd of the 64th and Mabra of the 63rd:
A RESOLUTION honoring the life and memory of Jacquelyn Champion Owens; and for other purposes.
HR 25. By Representatives Burns of the 159th and Hitchens of the 161st:
A RESOLUTION recognizing January 26, 2015, as Effingham County Day at the capitol; saluting the Effingham County Chamber of Commerce; and for other purposes.
HR 26. By Representatives Scott of the 76th, Jordan of the 77th, Waites of the 60th and Stovall of the 74th:
A RESOLUTION recognizing and commending Ms. Diann Green on the occasion of her retirement; and for other purposes.
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 Governor, was called to order by the President of the Senate, Lieutenant Governor Casey Cagle.
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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, constitutional officers, members of the judiciary, members of the consular corps, my fellow Georgians:
Today marks the fifth year that I have reported to you, the people's representatives, on the state of our state. This is our annual checkup exam on the body politic, where we measure our vitals, celebrate areas of great health and seek cures for what ails us. In each succeeding year, we've seen the green shoots of our economy grow a little taller. Each year, we've seen more Georgians return to work or get their first job. Each year, we've seen hundreds of more businesses open or relocate here. Each year, steady revenue growth has allowed us to slowly mend the ravages wrought by the Great Recession. Now, our economy is seeing positive growth with thousands of new jobs added every month. We're seeing the tell-tale signs of cranes and bulldozers humming on newly cleared land. We're seeing home values recover and Georgia families rebuild their savings. And Georgia has been named the No. 1 place in the nation in which to do business by several major rating agencies and has repeated that designation by one of them already. In short, I'm here to report to you today that the state of our state is strong, and getting stronger every day.
But for every milestone we reach, for every victory we attain, for every improvement we achieve, new challenges await. Certainly, there are those who focus only on the negative, zeroed in on areas where we should do better. They downplay any progress as "not good enough." To them I say: Celebrating our progress puts our challenges in perspective and reminds us that together we can achieve greatness. Our shortcomings don't go unacknowledged. They're simply what we're going to address next.
When focused only on the negative, the job before us can seem overwhelming. These feelings are not new to our generation. Atop President Kennedy's desk sat a fisherman's prayer: "Oh, God, Thy sea is so great and my boat is so small." When confronting the challenges of 10 million people challenges that can appear insurmountable it's easy to feel that the tools we've been given aren't up to the task.
When it comes to our constituents' needs in education, health care, transportation and public safety, the sea seems so great and our boat so small. We may have 10 million challenges, but we also have 10 million oars.
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In the turbulent waters of recession and recovery, we have rowed steadily forward. The synchronized beat of unified oars has reset the rhythm of our economy. Georgians have spoken clearly that the conservative principles, which have guided our decisions, the very ones that have brought us out of the recession, must continue to guide our future growth. These include keeping our government small, prioritizing and balancing our budget, and emphasizing a strong business climate.
State government cannot address the legitimate needs of our citizens without adequate revenue. Last year we based our budget on an anticipated revenue growth of 3.4 percent. That was in keeping with our pattern of conservative budgeting. So when fiscal year 2014 ended, our actual revenue was 4.8 percent. That differential between what we spent and what we collected is deposited into our Rainy Day Fund. Every budget cycle since I have been governor we have added to that fund so that it has increased by 643 percent since I took office.
Annual revenue growth, coupled with conservative spending and a growing Rainy Day Fund are positive evidence that Georgia is better today than it was last year.
Since I took office, over 319,000 new private sector jobs have been created in Georgia with nearly 93,000 of those coming in the past twelve months. The announcement last week that Mercedes-Benz USA is moving its North American headquarters to Georgia is further evidence that our state will continue to be a leader in job creation. With job growth comes population growth. Georgia is now the eighth most populous state in the nation, moving from the number 10 position in just four years. People don't move to a state unless it provides them with opportunities. The Mercedes slogan is "the Best or Nothing." The company that accepts nothing but the best chose Georgia... I'll take that. And in the near future, Porsche North America will open their headquarters near the Atlanta airport.
But let's not forget our first major automotive manufacturer in modern times, Kia, which employs some 3,000 Georgians and whose supplier base continues to expand in our state. Kia's example told the world that we have the quality workforce and business environment needed to thrive in the automotive industry. Kia officials remind me often that their West Point Georgia plant produces the highest quality vehicle in their worldwide chain.
Furthermore, home prices are up in the past year and up significantly since 2011, an example of the resurgence of this sector and confidence in the market. Construction, manufacturing and other key Georgia industries continue to rebound. And as Georgians experience growth in their incomes, this leaves more money for the types of things our fellow citizens want to be doing, rather than just the essentials.
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Virtually every reliable indicator points to one thing, a growing economy. And to those of you who have been paying attention, you will notice that the unemployment rate, the prodigal son of indicators, is even falling back in line. For those who were too long unemployed or underemployed, for their relatives who watched them struggle to get hired, and for the Georgians who understand that a working economy is an economy in which people work, we are making a difference. The ocean of need is vast, but shrinking, and we will continue to close the distance between where we are and where we wish to be.
Still, need does exist. Over 19,000 students dropped out between grades nine and 12 over the past school year. That is far too many. Neither Georgia nor these young people can afford the disparaging effects that typically result when someone leaves high school prematurely. This is why over the next few years we intend to take a comprehensive look at how we can make K-12 education more accessible and more effective. A child that does not graduate from high school is that much less prepared for the workforce, that much less prepared for college and that much more prepared for a life behind bars.
I am establishing an Education Reform Commission to study a number of questions regarding our education system, such as increasing access to Georgia's world class early learning programs, recruiting and retaining high quality teachers in our classrooms, and expanding school options for Georgia's families. This group, which will be composed of legislators, educators and a variety of other stakeholders, will recommend potential improvements to me by August 1 of this year. I fully anticipate this process to be as successful as the one involving our justice reforms after which it was modeled.
In addition, a subset of this group will examine the most appropriate ways to modernize our QBE funding formula from the 1980s. This model is older than every student in our classrooms and some of their parents. Just as most of us wouldn't dress our children in parachute pants and jelly shoes and we wouldn't teach them about computers on a Commodore 64, neither should we educate them under a 1980s funding formula. Our students are now using iPads and Androids. Why tie them to a desk when technology can take them to the moon and back?
This undertaking will require detailed work. My vision is to create a formula driven by student need that provides local school and district leaders with real control and flexibility. It is our hope that funding changes based on the commission's recommendations will go into effect as early as the 2016-2017 school year.
While we must certainly address the outdated funding formula, education still remains a top priority in our budgets. This year's budget coupled with my proposal for next year's budget represents an infusion of over one billion additional dollars for K-12 education.
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Working together, we have devoted the largest percentage of the state budget to K-12 education of any governor and General Assembly in the last 50 years. Now, the focus is on turning those dollars into academic progress. I look forward to working with all of you to accomplish that goal.
However, no matter how well we fund education, the fact of the matter is that far too many students are trapped in a failing Georgia school. Roughly 23 percent of schools have received either a D or an F, which constitutes a failing grade, for the past three consecutive years. When the system fails, our children have little chance of succeeding. New options can enrich lives, brighten futures and rekindle hope. Three years ago, the legislators here called for and the voters of this state overwhelmingly approved the charter school amendment. I have good news: It's making a positive difference. This year, I am asking you to continue the trend of restoring hope and opportunity to areas of our state that could use a helping hand.
I am proposing a constitutional amendment to establish an Opportunity School District. It would authorize the state to step in to help rejuvenate failing public schools and rescue children languishing in them. This model has already been used successfully in other states. My office has been in contact with a student from New Orleans, who tells us he could not read until he was 12. Now, because of the Recovery School District in New Orleans, Troy Simon is going to Bard College in New York, where he intends to earn a degree in American Literature. His life has changed. There is perhaps no sweeter irony the young man who couldn't read at all may one day teach others to read, and read well. There are many excuses that will be offered for why schools are failing-- the students come from families in poverty, their parents are dysfunctional, they don't care because they have no hope.
Let's stop making excuses-- If we want to break the cycle of poverty, let's educate those children so that they have the skills to escape poverty, if we want to interrupt the cycle of dysfunctional families, let's educate the children in those homes so that their families of the future will return to normalcy; if we want our young people to have hope, let's give them the greatest beacon of hope we can confer on them-- a quality education that leads to a good job, a stable family and the stairway to the future.
There will be those who will argue that the problem of failing schools can be solved by spending more money. They ignore the fact that many of our failing schools already spend far more money per child than the state average. The problem is not money. More money without fundamental changes in the delivery system will not alter the results; it will only make state and local taxpayers greater enablers of chronic failure.
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If we take this step, more students will be able to gain employment or go to college when they graduate, more employers will be satisfied with our state's workforce, and more of their colleagues might just decide to locate in our state. Above all, students and parents will relinquish the burden of having nowhere to go to get a proper education, something no family should have to experience in the first place.
Liberals cannot defend leaving a child trapped in a failing school that sentences them to a life in poverty. Conservatives like me cannot argue that each child in Georgia already has the same opportunity to succeed and compete on his or her own merits. We have a moral duty to help these children who can't help themselves. The sea is great and the boat is small, but the boat must not have first and second class seating.
I am calling on you to do your part this session to get this referendum on the ballot so that Georgians can assure that a child's hopes of success aren't determined by his or her ZIP Code. Our places of learning should be where a child learns triumph, not defeat.
We have experienced triumphs in our criminal justice system, where we have tamed some rough seas. Working with those of you here and others throughout this state, we have enhanced safety and nurtured second chances. We have combined taxpayer savings with personal salvation. In return, our reforms are closing the revolving door that has led too many Georgians back into our prison system. Crime may not pay, but stopping it does.
I have already shared with you just last month and in the Inaugural address the promising results of some of our efforts. My budget this year will reflect our commitment to these important reforms. The next step we are taking to improve our delivery of justice will further make Georgia a leader in this area.
On many occasions, one troubled family or neighborhood will deal with multiple agencies, from Pardons and Parole to DFCS to the Department of Juvenile Justice to the Department of Corrections. Under current policy, these agencies often don't coordinate effectively on these cases. This fails to bring a holistic approach to the needs at hand, and it doesn't deliver services efficiently.
For this reason, I am proposing to create the Department of Community Supervision to eliminate redundancy and enhance communication between these related groups. This new agency will pull from the relevant existing portions of Corrections, Juvenile Justice and Pardons and Paroles. While the Division of Family and Children Services will not contribute to the agency itself, we will be including the Director of DFCS on the Board of Community Supervision to facilitate the transfer of appropriate information.
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Recently we have seen tremendous growth in the number of child welfare investigations, due in part to our 24-hour call center. This is why we will continue to fund additional resources to meet this unfortunate need, including support for 278 additional caseworkers.
In addition, the Child Welfare Reform Council, which I created in 2014, has released its review of the Division of Family and Children's Services. To address some of their recommendations, I am proposing in my budget this year that we fund several upgrades. These include beginning a mentor program for supervisors, providing for greater career and salary growth potential, promoting the safety and resources available to caseworkers, and improving the recruitment and training of foster parents. By caring for our caseworkers, we can better care for our children in need. I am happy to say the Council will continue its work in the upcoming year.
One of our most vulnerable populations is our children who are suffering from seizures. Last year, we set in motion trials at our state medical school to test the possibility of using cannabis oil to treat severe seizures of those young people in a safe and nonintoxicating way. Those trials involving Georgia's children have already begun and will continue to expand.
This year I hope to sign legislation to decriminalize cannabis oil in Georgia so that families who need it and who obtain it legally will not be prosecuted for possession of it. Let me be clear, I do not support the legalization of marijuana for recreational purposes. We're focused narrowly on an oil that contains fractional amounts of THC the chemical in marijuana that intoxicates a user. We want to find a pathway to bring our children home from Colorado without becoming Colorado.
We still face the significant and more complicated issue of access. That's why, in addition to decriminalization, I'm proposing a study committee to research a proper role for the state of Georgia in the ongoing debates about the types of medical conditions that can benefit from this product, and how we can best address this in a logical and controlled manner. I know, for many families, time is of the essence. I want us to answer the question of access as quickly as we possibly can while going through the proper steps to ensure safety and compliance with federal laws. There's broad agreement we must do something and that we can do something. Let's also agree that we must do it right.
Even a small boat conquering the sea must dock every once in a while. We must therefore ensure that our network of bridges, roads and other vital infrastructure are well maintained and that the increasing transportation needs of our population are met. So, let me present to you our options.
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Since only three regions in the state invested in Plan A, a regional one-percent sales tax for designated infrastructure projects, we acted to implement Plan B, which includes reprioritized funding and a focus on the most essential projects that will target our most congested areas. For example, we are constructing new capacity express lanes along large stretches of I-75 and 575. We are also extending the managed lanes on I-85. Over the next four years, we will open to traffic more than $1.1 billion dollars' worth of new, reliable interstate lanes in Metro Atlanta, the largest interstate expansion since the 1980s. We are making further progress in the form of our I-285/GA-400 interchange, which will ease congestion for hundreds of thousands of travelers each day. Let us not forget those things we have already accomplished, including the removal of the tolls on GA 400 and the opening of the I-85/GA 400 connector ramps, which many in our state are already using. And of course, we continue to construct the Jimmy Deloach Parkway extension, the Fall Line Freeway and other road improvements connecting South Georgia cities.
At the same time, other important projects lack the funding necessary to proceed. This brings me to our next option. Plan C--a transportation plan to which this General Assembly and I can agree that would address the ongoing needs of maintenance and repair, as well as freight corridor and other transportation improvements. I believe this is something that can and should be accomplished.
A need does exist. The excise tax, which is a per gallon flat fee, has remained the same since 1971. That's 44 years. In that time, the fuel efficiency for the average vehicle has almost doubled, which means the amount of excise tax collected for each mile driven has roughly been cut in half. And the federal government has mandated new standards that would again double the miles per gallon for the average vehicle over the next 10 years, meaning that the amount of excise tax collected for every mile traveled will continue to shrink every year. And that doesn't even account for inflation. In 2014 dollars, we collected approximately 17 percent less in state Motor Fuel Funds per capita for transportation than we did a quarter of a century ago, in part because of greater fuel efficiency. At the same time, we now have millions more people travelling on our roads. According to industry experts, simply maintaining what we currently have on our roadways requires a minimum of hundreds of millions of dollars in new revenue each year. Some industry experts even suggest it's more than $1 billion a year.
Over the years, we have added more highway to monitor, patrol and repair. In addition, our state has seen significantly more freight on our roadways, with more and more goods and raw materials entering through the Port of Savannah. We're already the second busiest container port on the East Coast, and we're getting busier. It's estimated that truck traffic out of the port will increase by 50 percent in less than 10 years. We have to be ready to meet that need.
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Without Plan C, a new strategy for transportation investment, we will be forced to go to Plan D, which is to do nothing. If that is our plan, then our roads will slowly slip into disrepair, the safety of our citizens will be jeopardized, and our economy will be stagnated by increased congestion. That is unacceptable.
We are currently operating at a rate that requires over 50 years to resurface every state road in Georgia. If your road is paved when you graduate high school, by the time it is paved again you will be eligible for Social Security. We must increase the percentage of roads being resurfaced annually. With only current funding levels, new capital projects will have to wait as we tend to our existing transportation network. If we do nothing, we would continue to have to depend on the federal government, whose transportation funds are also dwindling. If we should choose not to maintain and improve our infrastructure, economic development would stall, companies would be unable to conduct their business efficiently, commuters would waste more time and gas sitting in traffic, and no one would be satisfied.
For those of you who believe as I do that there are certain powers left to the states and their citizens--a principal set forth in our nation's 10th Amendment--here is one way we can put our belief into practice. If we become less dependent on federal revenue for our transportation projects in Georgia, we will avoid the regulations and extra costs associated with federal involvement; we will get more for our money in new roads; and it will be one of the best signals that the state of Georgia is willing to spend our money to solve our problems. Four years ago, we decided that our state needed to develop its own reservoirs to be less dependent on federal water resources. Maybe it's time we apply that same logic to transportation.
We must maintain and improve our roads and bridges; we must provide congestion relief; and we must prepare for more freight and more businesses. We can debate how much it will cost to do something; but let us not forget how much it will cost to do nothing.
I do not believe that we Georgians will choose to do nothing. We know the problems; let's now resolve to agree on the solutions. That's the outlook we must embrace as we tackle all of the challenges we have discussed today. The sea is indeed vast, but our ten million oars row onward. Let us as the leaders of this state demonstrate that we can row together in sequence so that our boat will move steadily forward on a charted course of progress, with the shoreline of Promise and Prosperity on the horizon.
I pray for wisdom for all of us as we carry out the public's trust, so that we can give Georgians a state that's even better tomorrow than it is today. May God bless you and may God continue to bless the state of Georgia.
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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.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
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Representative Hall, Atlanta, Georgia
Thursday, January 15, 2015
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 Bell Belton Bennett Bentley Benton Beskin Beverly Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter Chandler Cheokas Clark, D Clark, H Clark, V Coleman Cooke Coomer
Cooper Corbett E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan E Ealum Efstration Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway Geisinger Glanton E Golick Gordon Gravley Greene Hamilton Harbin
Harden Harrell Hatchett Hawkins Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson E Jacobs Jasperse Jones, J Jones, J.B. Jones, L Jones, S Jordan Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lumsden Mabra Marin Martin Maxwell Mayo McCall
E McClain Meadows Mitchell Morris Nimmer Nix Oliver O'Neal Pak Parrish Parsons
E Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick Rakestraw Ramsey Reeves Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sims Smith, E
Smith, L Smith, M Smith, R Spencer Stephens, M Stephens, R E Stephenson Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner Waites Watson E Welch E Weldon Werkheiser 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 Beasley-Teague of the 65th, Casas of the 107th, Floyd of the 99th, Mosby of the 83rd, Randall of the 142nd, and Smyre of the 135th.
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They wished to be recorded as present.
Prayer was offered by Reverend David L. Luke, Pastor, Flipper Chapel AME Church, Milledgeville, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the Committees:
HB 14. By Representatives Turner of the 21st, Caldwell of the 20th, Spencer of the 180th, Barr of the 103rd, Stover of the 71st and others:
A BILL to be entitled an Act to amend Chapter 87 of Title 36 of the O.C.G.A., relating to participation in federal programs, so as to provide that no local authority or local government shall accept federal funds in any form or for any purpose unless the acceptance of such federal funds has been approved by an Act of the General Assembly; to amend Chapter 1 of Title 50 of the O.C.G.A., relating to general provisions regarding state government, so as to provide that no state authority, agency, board, bureau, commission, department, office, public corporation, or other entity of state government shall accept federal funds in any form or for any purpose unless the acceptance of such federal funds has been approved by an Act of the General Assembly; to provide for related matters; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Appropriations.
HB 33. By Representatives Taylor of the 79th, Jacobs of the 80th, Hitchens of the 161st, Tanner of the 9th, Lumsden of the 12th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to provide for the criminal offenses of resisting, obstructing, hindering, or opposing a code enforcement officer; 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 55. By Representatives Turner of the 21st, Knight of the 130th, Yates of the 73rd, Rutledge of the 109th, Quick of the 117th and others:
A BILL to be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from taxation, so as to revise the definition of fraternal benefit association; 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 56. By Representatives Tanner of the 9th, Golick of the 40th, Hugley of the 136th, Efstration of the 104th, Gasaway of the 28th and others:
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 the use of no-knock search warrants; to provide for definitions; to change provisions relating to the issuance of search warrants; to provide for written policies relating to no-knock search warrants; to change provisions relating to when search warrants may be executed; to change provisions relating to the use of force in executing a search warrant; to change provisions relating to quashing a search warrant or suppressing evidence due to technical deficiencies; to provide for annual reporting of search warrant information; to provide for 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.
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HB 57. By Representatives Dudgeon of the 25th, Drenner of the 85th, Brockway of the 102nd, Geisinger of the 48th, Setzler of the 35th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 46 of the O.C.G.A., relating to the generation and distribution of electricity generally, so as to provide for financing of solar technology by retail electric customers for the generation of electric energy to be used on and by property owned or occupied by such customers or to be fed back to the electric service provider; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 58. By Representatives Pezold of the 133rd, Kidd of the 145th, Wilkinson of the 52nd, Caldwell of the 20th and Stover of the 71st:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide a short title; to provide for legislative intent; to change the provisions relating to nomination of candidates by petition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 59. By Representatives Willard of the 51st, Efstration of the 104th, Powell of the 171st, Atwood of the 179th, Pak of the 108th and others:
A BILL to be entitled an Act to amend Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to waiver of sovereign immunity as to actions ex contractu and state tort claims, so as to provide for waiver of sovereign immunity for declaratory judgment or injunctive relief; 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 60. By Representative Setzler of the 35th:
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 exempt motor fuels from state sales and use taxes; to provide for increases in the second motor fuel tax and excise tax on motor fuel; to provide for the reduction of personal income taxes; to provide for a flat rate income tax structure; to
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provide for procedures, conditions, and limitations; to provide for effective dates; to provide for applicability; to provide that certain provisions of 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 Transportation.
HB 61. By Representatives Casas of the 107th, Dudgeon of the 25th, Hamilton of the 24th and Duncan of the 26th:
A BILL to be entitled an Act to amend Chapter 11 of Title 53 of the Official Code of Georgia Annotated, relating to proceedings in probate court, so as to correct an internal cross-reference; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Code Revision.
HB 62. By Representatives Tanner of the 9th, Dickson of the 6th, Dudgeon of the 25th, Evans of the 42nd, Epps of the 144th and others:
A BILL to be entitled an Act to amend Code Section 20-2-2114 of the Official Code of Georgia Annotated, relating to qualifications for the scholarship program for special needs students, so as to waive certain qualifications for students whose parent is an active duty military service member stationed in Georgia within the previous year; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 63. By Representatives Tanner of the 9th, England of the 116th, Dickson of the 6th, Coleman of the 97th, Evans of the 42nd 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, computation, and rate of and exemptions from state income taxes, so as to revise the amount of the adult basic skills education program tax credit; to provide for procedures, conditions, and limitations; to provide an aggregate cap on the amount of the tax credit; to provide for a short title; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
86
JOURNAL OF THE HOUSE
Referred to the Committee on Ways & Means.
By unanimous consent, the following Bills of the House were read the second time:
HB 15 HB 46 HB 48 HB 50 HB 52 HB 54
HB 16 HB 47 HB 49 HB 51 HB 53
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 19. By Representative O`Neal of the 146th:
A RESOLUTION relative to adjournment; and for other purposes.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Brooks of the 55th, Williams of the 87th, Hugley of the 136th, Frazier of the 126th, Hatchett of the 150th et al., Dempsey of the 13th, Knight of the 130th et al., Cheokas of the 138th, and O'Neal of the 146th.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 27. By Representative Yates of the 73rd:
A RESOLUTION recognizing January 26, 2015, 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.
THURSDAY, JANUARY 15, 2015
87
HR 28. By Representative Smith of the 134th:
A RESOLUTION commending the Pioneer Little League 11/12 Girls AllStar softball team and inviting the team to be recognized by the House of Representatives; and for other purposes.
HR 29. By Representatives Watson of the 172nd, Powell of the 171st, Houston of the 170th, Roberts of the 155th and Rynders of the 152nd:
A RESOLUTION commending the Colquitt County Packers football team for winning the 2014 Class AAAAAA State Championship 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 27 HR 28 HR 29
Do Pass Do Pass Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 27. By Representative Yates of the 73rd:
A RESOLUTION recognizing January 26, 2015, 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 28. By Representative Smith of the 134th:
A RESOLUTION commending the Pioneer Little League 11/12 Girls AllStar softball team and inviting the team to be recognized by the House of Representatives; and for other purposes.
HR 29. By Representatives Watson of the 172nd, Powell of the 171st, Houston of the 170th, Roberts of the 155th and Rynders of the 152nd:
A RESOLUTION commending the Colquitt County Packers football team for winning the 2014 Class AAAAAA State Championship and inviting them to be recognized by the House of Representatives; and for other purposes.
88
JOURNAL OF THE HOUSE
The following Resolutions of the House were read and adopted:
HR 30. By Representative McClain of the 100th:
A RESOLUTION commending the Electrical Workers Minority Caucus; and for other purposes.
HR 31. By Representatives Thomas of the 56th, Beasley-Teague of the 65th and Dawkins-Haigler of the 91st:
A RESOLUTION commending Ashley Stewart; and for other purposes.
HR 32. By Representative Yates of the 73rd:
A RESOLUTION commending the Honor Our KIA Committee of Griffin Spalding County for instituting the Honor Our KIA Project; and for other purposes.
HR 33. By Representative Efstration of the 104th:
A RESOLUTION honoring the life and memory of Edward Waters; and for other purposes.
HR 34. By Representative Randall of the 142nd:
A RESOLUTION recognizing February 10, 2015, as Delta Kappa Gamma Day at the state capitol; and for other purposes.
The following communication was received:
House of Representatives 332 State Capitol Atlanta, GA 30334
MEMO
TO:
Members of the Georgia House of Representatives
FROM: The House Committee on Assignments
DATE:
January 15, 2015
THURSDAY, JANUARY 15, 2015
89
The Committee on Assignments unanimously adopted the attached slate of committee officers and members for the 2015-2016 Legislative Session.
/s/ David Ralston Speaker David Ralston
/s/ Larry O'Neal Majority Leader Larry O'Neal
/s/ Amy Carter Representative Amy Carter
/s/ Tom Dickson Representative Tom Dickson
/s/ Terry England Representative Terry England
/s/ Mark Hamilton Representative Mark Hamilton
/s/ Penny Houston Representative Penny Houston
(Not available for signature) Representative Allen Peake
/s/ Matt Ramsey Representative Matt Ramsey
/s/ Ed Rynders Representative Ed Rynders
/s/ Richard Smith Representative Richard Smith
/s/ Sam Teasley Representative Sam Teasley
/s/ Jan Jones Speaker Pro Tem Jan Jones
/s/ Jon Burns Representative Jon Burns
/s/ Sharon Cooper Representative Sharon Cooper
/s/ Earl Ehrhart Representative Earl Ehrhart
(Not available for signature) Representative Rich Golick
/s/ Matt Hatchett Representative Matt Hatchett
/s/ John Meadows Representative John Meadows
/s/ Jay Powell Representative Jay Powell
/s/ Jay Roberts Representative Jay Roberts
/s/ Lynn Smith Representative Lynn Smith
/s/ Ron Stephens Representative Ron Stephens
Agriculture & Consumer Affairs
Total Members - 24 Republicans - 21 Democrats - 3
McCall Harden Dickey Bentley Burns Carter
Tom Buddy Robert Patty Jon Amy
Chairman
R
Vice Chairman R
Secretary
R
Member
D
Member
R
Member
R
90
Appropriations Total Members - 85 Republicans - 71 Democrats - 16 Ex-Officio - 2
JOURNAL OF THE HOUSE
Cooke Dukes Dunahoo England Epps Holmes Jasperse Kaiser Kirby LaRiccia Quick Roberts Rutledge Tankersley Taylor Turner Watson Williams
England Greene Rynders Atwood Carter Dempsey Dickson Ehrhart Houston Parrish Peake Powell
Houston Welch Cooke Dudgeon Efstration Mayo Nimmer Peake Roberts Shaw Tankersley
Kevin Winfred Emory Terry Bubber Susan Rick Margaret Tom Dominic Regina Jay Dale Jan Darlene Scot Sam Chuck
Member
R
Member
D
Member
R
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
R
Member
R
Terry Gerald Ed Alex Amy Katie Tom Earl Penny Butch Allen Jay
Chairman
R
Vice-Chair
R
Secretary
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
Ex-Officio
R
Ex-Officio
R
Economic Development
Penny
Chairman
R
Andy
Vice-Chairman R
Kevin
Member
R
Mike
Member
R
Chuck
Member
R
Ron
Member
D
Chad
Member
R
Allen
Ex-Officio
R
Jay
Member
R
Jason
Member
R
Jan
Member
R
THURSDAY, JANUARY 15, 2015
91
Republicans (10) Democrats (1) Total - 11
Dickson Clark Casas Coleman Glanton Jones Jasperse Kaiser Lumsden Maxwell Tanner
Education Tom Valerie David Brooks Mike Jan Rick Margaret Eddie Howard Kevin
Chairman
R
Vice-Chairman R
Member
R
Member
R
Member
D
Member
R
Member
R
Member
D
Member
R
Member
R
Member
R
Republicans (9) Democrats (2) Total - 11
Carter Dickey Abrams Allison Barr Bryant Hamilton Martin Parsons Pruett Smith
General Government
Amy
Chairman
R
Robert
Vice-Chairman R
Stacey
Member
D
Stephen
Member
R
Tim
Member
R
Bob
Member
D
Mark
Member
R
Chuck
Member
R
Don
Member
R
Jimmy
Member
R
Lynn
Member
R
Republicans (9) Democrats (2) Total - 11
Parrish Harbin Dollar Gardner
Health Butch Ben Matt Pat
Chairman
R
Vice-Chairman R
Member
R
Member
D
92
JOURNAL OF THE HOUSE
Hatchett Hawkins Hugley Quick Sims Stephens Taylor
Matt Lee Carolyn Regina Barbara Ron Darlene
Member
R
Member
R
Member
D
Member
R
Member
R
Member
R
Member
R
Republicans (9) Democrats (2) Total - 11
Ehrhart Cheokas Battles Burns Golick Jones Nix Rice Rogers Setzler Smith Smyre Williams Yates
Higher Education
Earl
Chairman
R
Mike
Vice-Chairman R
Paul
Member
R
Jon
Member
R
Rich
Member
R
Sheila
Member
D
Randy
Member
R
Tom
Member
R
Carl
Member
R
Ed
Member
R
Richard
Member
R
Calvin
Member
D
Chuck
Member
R
John
Member
R
Republicans (12) Democrats (2) Total - 14
Dempsey Epps Benton Brockway Harden Henson Howard Morris Oliver Taylor
Human Resources
Katie
Chairman
R
Bubber
Vice-Chairman R
Tommy
Member
R
Buzz
Member
R
Buddy
Member
R
Michele
Member
D
Henry "Wayne" Member
D
Greg
Member
R
Mary Margaret Member
D
Tom
Member
R
THURSDAY, JANUARY 15, 2015
93
Banks and Banking
Total Members - 26 Republicans - 19 Democrats - 7
Republicans (7) Democrats (3) Total - 10
Atwood Hightower Ballinger Caldwell Coomer Evans Greene Hitchens Powell Ramsey Rogers Weldon Willard Williams
Public Safety Alex Dusty Mandi Johnnie Christian Stacey Gerald Bill Alan Matt Terry Tom Wendell Al
Republicans (12) Democrats (2) Total - 14
Morris Williamson Nix Caldwell Coomer Dawkins-Haigler Deffenbaugh Dickey Douglas Dunahoo Duncan Ehrhart Fludd Frazier Harden Houston Jacobs Jordan Kelley
Greg Bruce Randy Johnnie Christian Dee John Robert Demetrius Emory Geoff Earl Virgil Gloria Buddy Penny Mike Darryl Trey
Chairman
R
Vice-Chairman R
Member
R
Member
R
Member
R
Member
D
Member
R
Member
R
Member
R
Member
R
Member
R
Member
R
Member
R
Member
D
Chairman
R
Vice-Chairman R
Secretary
R
Member
R
Member
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
D
Member
R
94
JOURNAL OF THE HOUSE
Budget and Fiscal Affairs Oversight Total Members - 17 Republicans - 10 Democrats - 7
Code Revision Total Members - 15 Republicans - 9 Democrats - 6
Knight Marin Parrish Smith Strickland Teasley Weldon
Martin Harrell Ballinger Caldwell Cheokas Frazier Frye Gasaway Houston Jacobs Jones Jordan Lumsden Tarvin Thomas Wilkerson Williams
Casas Welch Pak Alexander Barr Bennett Caldwell Gravley Kelley Mabra Morris Smith Stephenson Stovall Weldon
David Pedro Butch Earnest Brian Sam Tom
Chuck Brett Mandi Michael Mike Gloria Spencer Dan Penny Mike LaDawn Darryl Eddie Steve Erica David Coach
David Andy BJ Kimberly Timothy Karen Michael Micah Trey Ronnie Greg Michael Pam Valencia Tom
Member
R
Member
D
Member
R
Member
D
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
Member
D
Member
D
Member
R
Member
R
Member
D
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
THURSDAY, JANUARY 15, 2015
Defense & Veterans Affairs Total Members - 15 Republicans - 9 Democrats - 6
Economic Development & Tourism Total Members - 34 Republicans - 24 Democrats - 10
Yates Hitchens Pezold Anderson Clark Clark Deffenbaugh Ealum Efstration Glanton Holcomb Prince Rogers Smith Tarvin
Stephens Greene Sims Battles Belton Bennett Brockway Brooks Bryant Burns Caldwell Dempsey Dickson Dukes Floyd Gordon Gravley Hatchett Henson Hitchens Holmes Houston Marin Nix Parrish Pruett
John Bill John Tonya David Heath John Darrel Chuck Mike Scott Brian Terry Earnest Steve
Ron Gerald Barbara Paul Dave Karen Buzz Tyrone Bob Jon Michael Katie Tom Winfred Hugh J. Craig Micah Matt Michele Bill Susan Penny Pedro Randy Butch Jimmy
95
Chairman
R
Vice-Chair
R
Secretary
R
Member
D
Member
R
Member
R
Member
R
Member
D
Member
R
Member
D
Member
D
Member
D
Member
R
Member
D
Member
R
Chairman
R
Vice-Chairman R
Secretary
R
Member
R
Member
R
Member
D
Member
R
Member
D
Member
D
Member
R
Member
R
Member
R
Member
R
Member
D
Member
D
Member
D
Member
R
Member
R
Member
D
Member
R
Member
R
Member
R
Member
D
Member
R
Member
R
Member
R
96
Education Total Members - 24 Republicans - 17 Democrats - 7
Energy, Utilities and Telecommunications Total Members 20 Republicans - 16 Democrats - 4
JOURNAL OF THE HOUSE
Rakestraw Rogers Shaw Strickland Taylor Thomas Wilkinson Williams
Coleman Dudgeon Benton Belton Beskin Cantrell Carter Casas Chandler Clark Dickerson Dickson England Floyd Glanton Howard Jones Kaiser Maxwell Mayo Nix Setzler Stovall Tanner Teasley
Paulette
Member
R
Terry
Member
R
Jason
Member
R
Brian
Member
R
Tom
Member
R
Able Mable
Member
D
Joe
Member
R
Al
Member
D
Brooks Mike Tommy Dave Beth Wes Amy David Joyce Valerie Pam Tom Terry Hugh Mike Henry "Wayne" Jan Margaret Howard Rahn Randy Edward Valencia Kevin Sam
Chairman
R
Vice-Chairman R
Secretary
R
Member
R
Member
R
Member
R
Member
R
Member
R
Member
R
Member
R
Member
D
Member
R
Member
R
Member
D
Member
D
Member
D
Member
R
Member
D
Member
R
Member
D
Member
R
Member
R
Member
D
Member
R
Member
R
Parsons Geisinger Carson Allison Dempsey Dickey Dollar
Don Harry John Stephen Katie Robert Matt
Chairman
R
Vice-Chairman R
Secretary
R
Member
R
Member
R
Member
R
Member
R
THURSDAY, JANUARY 15, 2015
Ethics Total - 11 Republicans - 7 Democrats - 4
Game, Fish & Parks Total Members 20 Republicans 15 Democrats - 5
Drenner Dudgeon Frazier Hamilton Harbin Hatchett Holmes Kelley Martin Smith Stover Teasley Williams
Karla Mike Gloria Mark Ben Matt Susan Trey Chuck Earnest David Sam Coach
Wilkinson Abrams Fludd Gardner Hatchett Hugley Jones O'Neal Ramsey Teasley Willard
Joe Stacey Virgil Pat Matt Carolyn Jan Larry Matt Sam Wendell
Burns Broadrick Pruett Beasley-Teague Bruce Corbett Dickerson Dunahoo Ehrhart Knight LaRiccia McCall Meadows Nimmer Roberts Shaw Smith
Jon Bruce Jimmy Sharon Roger John Pam Emory Earl David Dominic Tom John Chad Jay Jason Earnest
97
Member
D
Member
R
Member
D
Member
R
Member
R
Member
R
Member
R
Member
R
Member
R
Member
D
Member
R
Member
R
Member
D
Chairman
R
Member
D
Member
D
Member
D
Member
R
Member
D
Member
R
Member
R
Member
R
Member
R
Member
R
Chairman
R
Vice-Chairman R
Secretary
R
Member
D
Member
D
Member
R
Member
D
Member
R
Member
R
Member
R
Member
R
Member
R
Member
R
Member
R
Member
R
Member
R
Member
D
98
JOURNAL OF THE HOUSE
Governmental Affairs Total Members - 20 Republicans - 14 Democrats - 5 Independents - 1
Health & Human Services Total Members - 38 Republicans - 21 Democrats - 16 Independent - 1
Spencer Tarvin Williams
Rynders Brockway Taylor Brooks Carter Fleming Floyd Hamilton Hightower Kidd Lumsden Mabra Meadows Mosby Oliver O'Neal Powell Powell Taylor Williamson
Cooper Jasperse Rynders Barr Bennett Beverly Broadrick Cheokas Clark Dempsey Douglas Drenner Frye Gordon Harden Hatchett Hawkins Henson
Jason Steve Al
Member
R
Member
R
Member
D
Ed
Chairman
R
Buzz
Vice-Chairman R
Darlene
Secretary
R
Tyrone
Member
D
Amy
Member
R
Barry
Member
R
Hugh
Member
D
Mark
Member
R
Dustin
Member
R
E. Culver "Rusty" Member
I
Eddie
Member
R
Ronnie
Member
D
John
Member
R
Howard
Member
D
Mary Margaret Member
D
Larry
Member
R
Alan
Member
R
Jay
Member
R
Tom
Member
R
Bruce
Member
R
Sharon Rick Ed Timothy Karen James Bruce Mike Valerie Katie Demetrius Karla Spencer J. Craig Buddy Matt Lee Michele
Chairman
R
Vice-Chairman R
Secretary
R
Member
R
Member
D
Member
D
Member
R
Member
R
Member
R
Member
R
Member
D
Member
D
Member
D
Member
D
Member
R
Member
R
Member
R
Member
D
THURSDAY, JANUARY 15, 2015
99
Higher Education Total Members - 18 Republicans - 13 Democrats - 5
Human Relations & Aging Total Members - 15
Howard Jones Kaiser Kelley Kidd Mitchell Mosby Pak Parsons Peake Petrea Pezold Pruett Randall Rogers Sharper Sims Stephens Stephenson Wilkinson
Rogers Williams Kelley Bentley Casas Carter Chandler Dempsey Dickey Ehrhart Gardner Gasaway Holcomb Knight Mabra Pezold Ramsey Smyre
Benton Kirby Gasaway
Henry "Wayne" Member
D
Sheila
Member
D
Margaret
Member
D
Trey
Member
R
E. Culver "Rusty" Member
I
Billy
Member
D
Howard
Member
D
BJ
Member
R
Don
Member
R
Allen
Member
R
Jesse
Member
R
John
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 Chuck Trey Patty David Amy Joyce Katie Robert Earl Pat Dan Scott David Ronnie John Matt Calvin
Chairman
R
Vice-Chairman R
Secretary
R
Member
D
Member
R
Member
R
Member
R
Member
R
Member
R
Member
R
Member
D
Member
R
Member
D
Member
R
Member
D
Member
R
Member
R
Member
D
Tommy Tom Dan
Chairman
R
Vice-Chairman R
Secretary
R
100
JOURNAL OF THE HOUSE
Republicans - 8 Democrats - 7
Industry and Labor Total Members - 15 Republicans - 10 Democrats - 5
Information and Audits Total Members - 8 Republicans - 5 Democrats - 3
Insurance Total Members - 28 Republicans - 24 Democrats - 4
Bell Beasley-Teague Bruce Clark Dawkins-Haigler Ealum Frye Jasperse Petrea Rogers Scott Spencer
Simone Sharon Roger Valerie Dee Darrell Spencer Rick Jesse Terry Sandra Jason
Hamilton Nimmer Kirby Broadrick Bryant Dawkins-Haigler England Fleming Floyd Marin Meadows McClain Pruett Strickland Werkheiser
Mark Chad Tom Bruce Bob Dee Terry Barry Hugh Pedro John Dewey Jimmy Brian Bill
Cheokas Williams Dunahoo Ballinger Randall Sharper Trammell Werkheiser
Mike Chuck Emory Mandi Nikki Dexter Bob Bob
Smith Shaw Carson Atwood Brockway
Richard Jason John Alex Buzz
Member
D
Member
D
Member
D
Member
R
Member
D
Member
D
Member
D
Member
R
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
D
Member
R
Member
D
Member
R
Member
R
Member
R
Chairman
R
Vice-Chairman R
Secretary
R
Member
R
Member
D
Member
D
Member
D
Member
R
Chairman
R
Vice-Chairman R
Secretary
R
Member
R
Member
R
THURSDAY, JANUARY 15, 2015
Caldwell Cheokas Dollar Efstration Epps Gasaway Golick Harbin Hawkins Hugley Lumsden Maxwell Mayo Meadows Randall Reeves Rogers Stephens Tarvin Taylor Teasley Wilkinson Williamson
Interstate Cooperation
Total Members - 11 Republicans - 7
Dollar Cooke Duncan Belton Evans Jones Kendrick McClain Reeves Stovall Waites
Intragovernmental Coordination
Total Members - 14 Republicans - 8 Democrats - 6
Tankersley Carson Tanner Alexander Anderson Bell Bentley
Johnnie Mike Matt Chuck Bubber Dan Richard Ben Lee Carolyn Eddie Howard Rahn John Nikki Bert Carl Mickey Steve Darlene Sam Joe Bruce
Matt Kevin Geoff Dave Stacey Jeff Dar'shun Dewey Bert Valencia Keisha
Jan John Kevin Kimberly Tonya Simone Patty
101
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
D
Member
R
Member
D
Member
R
Member
R
Member
D
Member
R
Member
R
Member
R
Member
R
Member
R
Chairman
R
Vice-Chairman R
Secretary
R
Member
R
Member
D
Member
R
Member
D
Member
D
Member
R
Member
D
Member
D
Chairman
R
Vice-Chairman R
Secretary
R
Member
D
Member
D
Member
D
Member
D
102
Juvenile Justice Total Members - 26 Republicans - 14 Democrats - 12
Judiciary Total Members - 20 Republicans - 12 Democrats - 6 Ex-Officio - 2 R
JOURNAL OF THE HOUSE
Broadrick Coleman Corbett Douglas Rynders Stephenson Strickland
Weldon Quick Rakestraw Allison Atwood Bell Cantrell Chandler Coomer Dickerson Efstration Evans Holcomb Howard Jacobs Jones Kendrick Oliver Sharper Spencer Thomas Waites Watson Welch Wilkerson
Willard Fleming Allison Beskin Bruce Caldwell Evans Golick Jacobs
Bruce
Member
R
Brooks
Member
R
John
Member
R
Demetrius
Member
D
Ed
Member
R
Pam
Member
D
Brian
Member
R
Tom Regina Paulette Stephen Alex Simone Wes Joyce Christian Pamela Chuck Stacey Scott Henry "Wayne" Mike Sheila Dar'Shun Mary Margaret Dexter Jason Erica Keisha Sam Andy David
Chairman
R
Vice-Chairman R
Secretary
R
Member
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
D
Member
R
Member
D
Member
D
Member
R
Member
R
Member
D
Wendell Barry Stephen Beth Roger Johnnie Stacey Rich Mike
Chairman
R
Vice-Chairman R
Secretary
R
Member
R
Member
D
Member
R
Member
D
Ex-Officio
R
Member
R
THURSDAY, JANUARY 15, 2015
103
Judiciary Non-Civil Total Members - 18 Republicans - 12 Democrats - 5 Ex-Officio - 1
Legislative and Congressional Reapportionment Total Members - 21 Republicans - 13 Democrats - 8
Jones Kelley Mabra Oliver O'Neal Powell Rutledge Stephenson Welch Weldon Wilkinson
Golick Pak Hightower Abrams Atwood Ballinger Coomer Cooper Dickerson Gravley Kendrick Ramsey Randall Reeves Setzler Strickland Trammell Willard
LaDawn Trey Ronnie Mary Margaret Larry Jay Dale Pam Andy Tom Joe
Rich BJ Dusty Stacey Alex Mandi Christian Sharon Pam Micah Dar'shun Matt Nikki Bert Ed Brian Bob Wendell
Nix Holmes Rynders Alexander Beasley-Teague Cooke Dickerson Dickson Dollar Efstration Ehrhart
Randy Susan Ed Kimberly Sharon Kevin Pam Tom Matt Chuck Earl
Member
D
Member
R
Member
D
Member
D
Member
R
Member
R
Member
R
Member
D
Member
R
Member
R
Ex-Officio
R
Chairman
R
Vice-Chairman R
Secretary
R
Member
D
Member
R
Member
R
Member
R
Member
R
Member
D
Member
R
Member
D
Member
R
Member
D
Member
R
Member
R
Member
R
Member
D
Ex-Officio
R
Chairman
R
Vice-Chairman R
Secretary
R
Member
D
Member
D
Member
R
Member
D
Member
R
Member
R
Member
R
Member
R
104
JOURNAL OF THE HOUSE
MARTOC (Governor's Appointment)
Motor Vehicles Total Members 15 Republicans 9 Democrats - 6
Natural Resources & Environment Total Members - 24 Republicans - 20 Democrats - 4
Jackson Jones Mayo Scott Setzler Smith Smith Stephens Thomas Yates
Jacobs Geisinger
Mitchell Pruett Taylor Powell
Rice Epps Battles Alexander Barr Caldwell Douglas Howard Jones Jordan Powell Prince Stover Trammell Yates
Smith Harden Geisinger Barr Buckner Coleman Corbett
Mack Jan Rahn Sandra Ed Lynn Richard Mickey Able Mable John
Mike Harry
Billy Jimmy Tom Jay
Tom Bubber Paul Kimberly Timothy Johnnie Demetrius Wayne Jeff Darryl Alan Brian David Bob John
Lynn Buddy Harry Timothy Debbie Brooks John
Member
D
Member
R
Member
D
Member
D
Member
R
Member
R
Member
R
Member
D
Member
D
Member
R
Chairman
R
Member
R
Member
Member
D
Member
R
Member
R
Member
R
Chairman
R
Vice-Chairman R
Secretary
R
Member
D
Member
R
Member
R
Member
D
Member
D
Member
R
Member
D
Member
R
Member
D
Member
R
Member
D
Member
R
Chairman
R
Vice-Chairman R
Secretary
R
Member
R
Member
D
Member
R
Member
R
THURSDAY, JANUARY 15, 2015
Public Safety & Homeland Security Total Members - 17 Republicans - 12 Democrats - 5
Regulated Industries Total Members - 22 Republicans - 17 Democrats - 5
Dickey Drenner England Epps Gardner Gasaway Jones McCall Morris Nimmer Nix Smith Tankersley Tanner Thomas Watson Williams
Powell Taylor Atwood Clark Cooke Frazier Glanton Gravley Greene Hightower Hitchens Holcomb Jackson Jasperse Lumsden Petrea Waites
Maxwell Taylor Dickson Anderson Bennett Chandler
Robert Karla Terry Bubber Pat Dan Jeff Tom Greg Chad Randy Richard Jan Kevin Able Mable Sam Chuck
Alan Darlene Alex Heath Kevin Gloria Mike Micah Gerald Dusty Bill Scott Mack Rick Eddie Jesse Keishea
Howard Tom Tom Tonya Karen Joyce
105
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
R
Member
R
Member
D
Member
R
Member
R
Chairman
R
Vice-Chairman R
Secretary
R
Member
R
Member
R
Member
D
Member
D
Member
R
Member
R
Member
R
Member
R
Member
D
Member
D
Member
R
Member
R
Member
R
Member
D
Chairman
R
Vice-Chairman R
Secretary
R
Member
D
Member
D
Member
R
106
Retirement Total Members - 15 Republicans - 8 Democrats- 7
Rules Total Members 37 Republicans - 30 Democrats - 7
JOURNAL OF THE HOUSE
Cooke Cooper Deffenbaugh Fludd Golick Harrell Hawkins Martin Mitchell Powell Rakestraw Ramsey Rogers Rutledge Stephens Welch
Battles Coomer Weldon Bentley Benton Beverly Brooks Buckner Coleman Gordon Greene Maxwell Meadows Wilkerson Williams
Meadows Golick Smith Abrams Benton Burns Cooper Dempsey Dickson Drenner
Kevin Sharon John Virgil Rich Brett Lee Chuck Billy Alan Paulette Matt Terry Dale Mickey Andy
Paul Christian Tom Patty Tommy James Tyrone Debbie Brooks J. Craig Gerald Howard John David Coach
John Rich Richard Stacy Tommy Jon Sharon Katie Tom Karla
Member
R
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
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
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
THURSDAY, JANUARY 15, 2015
107
Science and Technology
Total - 20 Republicans - 11 Democrats - 9 Independents - 1
Ehrhart Evans Fleming Greene Hamilton Hugley Jackson Jones Knight Morris O'Neal Parrish Peake Powell Powell Ramsey Rice Roberts Rogers Setzler Sims Smith Smyre Stephens Weldon Willard Williams
Earl Stacey Barry Gerald Mark Carolyn Mack Jan David Greg Larry Butch Allen Alan Jay Matt Tom Jay Carl Edward Barbara Lynn Calvin Ron Tom Wendell Al
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
R
Member
R
Member
R
Member
R
Member
R
Member
R
Member
D
Member
R
Member
R
Member
R
Member
D
Setzler Rakestraw Stover Clark Dawkins-Haigler Dudgeon Duncan Frye Kidd Marin Martin Oliver Scott Sims Smith
Ed
Chairman
R
Paulette
Vice-Chairman R
David
Secretary
R
Heath
Member
R
Dee
Member
D
Mike
Member
R
Geoff
Member
R
Spencer
Member
D
E. Culver "Rusty" Member
I
Pedro
Member
D
Chuck
Member
R
Mary Margaret Member
D
Sandra
Member
D
Barbara
Member
R
Michael
Member
D
108
JOURNAL OF THE HOUSE
Small Business Development Total Members 25 Republicans 15 Democrats - 10
Special Rules Total Members - 18 Republicans - 10 Democrats - 8
Spencer Thomas Thomas Turner Wilkerson
Knight Pezold Harden Beverly Bruce Cantrell Carter Clark Deffenbaugh Drenner Dudgeon Fludd Henson Jackson Jones Kendrick Kirby Peake Powell Rakestraw Sharper Shaw Stover Stovall Tarvin
Allison Watson Spencer Anderson Beverly Dukes Gordon Hightower Holmes Kirby LaRiccia
Jason Able Mable Erica Scot David
David John Buddy James Roger Wes Amy David John Karla Mike Virgil Michele Mack LaDawn Dar'Shun Tom Allen Alan Paulette Dexter Jason David Valencia Steve
Stephen Sam Jason Tonya James Winfred J. Craig Dusty Susan Tom Dominic
Member
R
Member
D
Member
D
Member
R
Member
D
Chairman
R
Vice-Chairman R
Secretary
R
Member
D
Member
D
Member
R
Member
R
Member
R
Member
R
Member
D
Member
R
Member
D
Member
D
Member
D
Member
D
Member
D
Member
R
Member
R
Member
R
Member
R
Member
D
Member
R
Member
R
Member
D
Member
R
Chairman
R
Vice-Chairman R
Secretary
R
Member
D
Member
D
Member
D
Member
D
Member
R
Member
R
Member
R
Member
R
THURSDAY, JANUARY 15, 2015
109
State Properties Total Members - 13 Republicans - 8 Democrats - 4 Independents - 1
State Planning & Community Affairs Total Members - 13 Republicans - 7 Democrats - 6
Transportation Total Members - 26 Republicans - 19 Democrats - 7
Prince Rakestraw Scott Smith Tanner Turner Waites
Sims Dunahoo Greene Buckner Burns Cheokas Clark Ealum Jones Kidd Lumsden Smith Werkheiser
Pruett Rogers Quick Bell Beskin Caldwell Cooke Dickerson Dukes Jackson McClain Turner Williams
Roberts Clark Epps Ballinger Benton Bryant
Brian Paulette Scott Michael Kevin Scot Keisha
Member
D
Member
R
Member
D
Member
D
Member
R
Member
R
Member
D
Barbara
Chairman
R
Emory
Vice-Chairman R
Gerald
Secretary
R
Debbie
Member
D
Jon
Member
R
Mike
Member
R
David
Member
R
Darrel
Member
D
LaDawn
Member
D
E. Culver "Rusty" Member
I
Eddie
Member
R
Michael
Member
D
Bill
Member
R
Jimmy Terry Regina Simone Beth Michael Kevin Pam Winfred Mack Dewey Scot Coach
Jay Valerie Bubber Mandy Tommy Bob
Chairman
R
Vice-Chairman R
Secretary
R
Member
D
Member
R
Member
R
Member
R
Member
D
Member
D
Member
D
Member
D
Member
R
Member
D
Chairman
R
Vice-Chairman R
Secretary
R
Member
R
Member
R
Member
D
110
Ways & Means Total Members - 30 Republicans - 21 Democrats - 7 Ex-Officio - 2
JOURNAL OF THE HOUSE
Burns Carson Deffenbaugh Gardner Geisinger Hamilton Harrell Jacobs Jones Jordan McCall Nimmer Prince Rutledge Rynders Setzler Sims Waites Watson Williams
Jon John John Pat Harry Mark Brett Mike Sheila Darryl Tom Chad Brian Dale Ed Ed Barbara Keishea Sam Al
Powell Peake Knight Abrams Battles Beasley-Teague Bryant Buckner Carson Duncan England Fludd Harbin Harrell Houston Kelley Martin Mosby O'Neal Pak Parsons Ramsey
Jay Allen David Stacy Paul Sharon Bob Debbie John Geoff Terry Virgil Ben Brett Penny Trey Chuck Howard Larry BJ Don Matt
Member
R
Member
R
Member
R
Member
D
Member
R
Member
R
Member
R
Member
R
Member
D
Member
D
Member
R
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
D
Member
D
Member
R
Member
R
Ex-Officio
R
Member
D
Member
R
Member
R
Member
R
Member
R
Member
R
Member
D
Member
R
Member
R
Member
R
Member
R
THURSDAY, JANUARY 15, 2015
111
Rice Rutledge Rynders Stephens Stephens Teasley Willard Williamson
Tom Dale Ed Mickey Ron Sam Wendell Bruce
Member
R
Member
R
Ex-Officio
R
Member
D
Member
R
Member
R
Member
R
Member
R
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, January 26, 2015, and the motion prevailed.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the Speaker announced the House adjourned until 10:00 o'clock, A.M., Monday, January 26, 2015.
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Representative Hall, Atlanta, Georgia
Monday, January 26, 2015
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:
Alexander Allison Anderson Atwood Ballinger Barr Battles Beasley-Teague Belton Bennett Bentley Benton Beskin E Beverly Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter E Casas Chandler Cheokas Clark, D Clark, H Clark, V Coleman
Cooke Coomer Cooper Corbett Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Frazier Frye Gardner Gasaway Geisinger E Golick Gordon Gravley Greene Hamilton
Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson E Jasperse Jones, J Jones, J.B. Jones, L Jones, S Kaiser Kelley Kidd Knight LaRiccia Lumsden Mabra Marin Martin Maxwell Mayo McCall McClain Meadows
Mitchell Morris Mosby Nimmer E Nix Oliver O'Neal Pak Parrish Parsons Peake Petrea Pezold Powell, A Powell, J Prince Quick Rakestraw Ramsey Reeves Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Sharper Shaw Sims Smith, E Smith, L
Smith, R Smyre Spencer Stephens, M Stephens, R Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner Waites Watson Welch E Weldon Werkheiser 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, Bell of the 58th, Floyd of the 99th, Fludd of the 64th, Glanton of the 75th, Jacobs of the 80th, Jordan of the 77th, Kendrick of the 93rd,
MONDAY, JANUARY 26, 2015
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Kirby of the 114th, Pruett of the 149th, Randall of the 142nd, Setzler of the 35th, Smith of the 41st, and Stephenson of the 90th.
They wished to be recorded as present.
Prayer was offered by Reverend Doyle Kelley, Pastor, Four Mile Baptist Church, Summerville, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the Committees:
HB 6. By Representatives Kendrick of the 93rd and Chandler of the 105th:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to authorize the Georgia Student Finance Commission to provide for weighted grade point averages in excess of 4.0 for international baccalaureate, advanced placement, and dual credit course grades for purposes of determining eligibility for the HOPE scholarship for incoming freshmen; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
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HB 10. By Representatives Mayo of the 84th, Kaiser of the 59th, Drenner of the 85th, Williams of the 87th 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 telephone calls shall be conducted by a driver of a motor vehicle; to provide for exceptions; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 17. By Representatives Spencer of the 180th, Oliver of the 82nd, Rakestraw of the 19th, Brockway of the 102nd, Morris of the 156th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 9 and Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to limitations of actions and child abuse and deprivation records, respectively, so as to extend the statute of limitations for actions for childhood sexual abuse; to provide for a short title; to provide for limitations of liability for certain legal entities; to change provisions relating to tolling of limitations for a minor's cause of action; to change provisions relating to the tolling of limitations for tort actions while criminal prosecution is pending; to change provisions relating to the confidentiality and use of certain records; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 18. By Representatives Spencer of the 180th, Pruett of the 149th, Stephens of the 164th, Atwood of the 179th, Werkheiser of the 157th and others:
A BILL to be entitled an Act to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to exempt defense, aviation, space, or aerospace companies and those who work for them and who provide engineering for certain products or services from complying with the provisions of said chapter; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
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HB 22. By Representatives Evans of the 42nd, Chandler of the 105th, Clark of the 101st, Stephens of the 165th, Abrams of the 89th 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 HOPE grants cover the full cost of tuition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 23. By Representatives Evans of the 42nd, Mosby of the 83rd, Chandler of the 105th, Clark of the 101st, Frye of the 118th and others:
A BILL to be entitled an Act to amend Code Section 20-3-519.2 of the Official Code of Georgia Annotated, relating to eligibility requirements for a HOPE scholarship, so as to eliminate the seven-year limitation from the student's graduation from high school or the equivalent thereof on receiving a HOPE scholarship; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 24. By Representatives Evans of the 42nd, Tanner of the 9th, Chandler of the 105th, Clark of the 101st, Frye of the 118th and others:
A BILL to be entitled an Act to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions relative to HOPE scholarships and grants, so as to provide for eligibility as a Zell Miller Scholarship Scholar for students who do not qualify as freshmen; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 25. By Representatives Evans of the 42nd, Chandler of the 105th, Holcomb of the 81st, Clark of the 101st, Yates of the 73rd and others:
A BILL to be entitled an Act to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions relative to HOPE scholarships and grants, so as to provide that spouses and dependent children of military service members and veterans are eligible as Zell Miller Grant Scholars; to provide for related matters; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Appropriations.
HB 34. By Representatives Dudgeon of the 25th, Spencer of the 180th, Teasley of the 37th, Gravley of the 67th, Turner of the 21st and others:
A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to enact the "Georgia Right to Try Act"; to provide for investigational drugs, biological products, and devices for patients with advanced illnesses; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for eligibility criteria; to provide for written informed consent; to allow manufacturers to make such drugs available; to provide that health benefit coverage is not mandatory; to prohibit sanctions against a physician's license; to prohibit blocking access; 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.
HB 64. By Representatives Efstration of the 104th, Oliver of the 82nd, Willard of the 51st, Mabra of the 63rd, Kelley of the 16th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide for the reopening of qualifications with regard to nonpartisan candidates under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 65. By Representatives Caldwell of the 20th, Ramsey of the 72nd, Teasley of the 37th, Turner of the 21st, Dudgeon of the 25th 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 local boards of education and certain charter schools to hold at least two public meetings on the proposed annual operating budget; to require that a summary of the proposed and adopted annual operating budget be posted on the Internet; to require that the detailed annual operating budget be made available upon request; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
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HB 66. By Representatives Kidd of the 145th and Powell of the 32nd:
A BILL to be entitled an Act to revise Code Section 21-2-540 of the Official Code of Georgia Annotated, relating to conduct of special elections generally, so as to provide additional special election dates for referendums in odd-numbered years; 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 67. By Representative Kidd of the 145th:
A BILL to be entitled an Act to provide for the unified government of Milledgeville-Baldwin County; to provide for boundaries and districts; to provide for powers and duties; to provide for organization, qualifications, election, terms, and filling of vacancies; to provide for associated offices, departments, and agencies; to provide for budgets and financial matters; to provide for a transition period; to provide for the repeal of certain Acts; to provide for a referendum; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 68. By Representatives Spencer of the 180th, Tarvin of the 2nd, Caldwell of the 20th, Turner of the 21st, Gravley of the 67th and others:
A BILL to be entitled an Act to amend Code Section 48-5-9 of the Official Code of Georgia Annotated, relating to persons liable for taxes on property, so as to waive payment requirement of such taxes less than a certain amount; 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 69. By Representatives Spencer of the 180th, Tarvin of the 2nd, Stover of the 71st, Pezold of the 133rd, Turner of the 21st and others:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to regulate the use and distribution of motor vehicle event data; to provide a short title; to provide for definitions; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Motor Vehicles.
HB 70. By Representatives Hugley of the 136th, Smyre of the 135th, Buckner of the 137th, Smith of the 134th and Pezold of the 133rd:
A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the gray fox as the official state mammal; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Rules.
HB 71. By Representatives Tanner of the 9th, Golick of the 40th, Caldwell of the 131st, Atwood of the 179th, Oliver of the 82nd and others:
A BILL to be entitled an Act to amend Chapter 17 of Title 17 and Chapter 9 of Title 42 of the O.C.G.A., relating to the Crime Victims' Bill of Rights and pardons and paroles, respectively, so as to provide for input and transparency relative to the granting of a pardon or commutation of a death sentence to a life sentence; to change provisions relating to notifications by the State Board of Pardons and Paroles; to change provisions relating to the State Board of Pardons and Paroles procedure and information gathering when considering the grant of pardon, clemency, or commutation of a death sentence; to provide for exemptions from disclosure; to amend Code Section 50-13-9.1 of the O.C.G.A., relating to variance or waiver to rules, so as to correct an incorrect reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 72. By Representatives Willard of the 51st, Jones of the 47th, Abrams of the 89th, Cooper of the 43rd, Hugley of the 136th and others:
A BILL to be entitled an Act to amend Title 16, Article 1 of Chapter 8 of Title 17, Chapter 5 of Title 30, and Title 31 of the O.C.G.A., relating to crimes and offenses, general provisions for trial, protection of disabled adults and elder persons, and health, respectively, so as to expand and clarify protection of disabled adults and elder persons; to provide for and revise definitions; to repeal provisions relating to exclusion of evidence obtained during the execution of an inspection warrant; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
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HB 73. By Representatives Turner of the 21st, Hamilton of the 24th, Taylor of the 173rd, Caldwell of the 20th, Hightower of the 68th 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 74. By Representatives Turner of the 21st, Stover of the 71st, Tarvin of the 2nd, Spencer of the 180th, Caldwell of the 20th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding state government, so as to prohibit any agency of this state, any political subdivision of this state, any employee of any agency of this state or any political subdivision of this state, or any member of the Georgia National Guard from assisting an agency of the armed forces of the United States in the investigation, prosecution, or detainment of any citizen of the United States under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 75. 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 be entitled an Act to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2014, and ending June 30, 2015, known as the "General Appropriations Act," Act No. 632, approved April 28, 2014 (Ga. L. 2014, Volume One, Appendix, commencing at page 1 of 139), 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 repeal conflicting laws; and for other purposes.
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Referred to the Committee on Appropriations.
HB 76. 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 be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016; 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.
Referred to the Committee on Appropriations.
HB 77. 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 making and providing appropriations for the State Fiscal Year beginning July 1, 2014, and ending June 30, 2015, known as the "General Appropriations Act," Act No. 632, approved April 28, 2014 (Ga. L. 2014, Volume One, Appendix, commencing at page 1 of 139), 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 repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 78. 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 making and providing appropriations for the State Fiscal Year beginning July 1, 2014, and ending June 30, 2015, known as the "General Appropriations Act," Act No. 632, approved April 28, 2014 (Ga. L. 2014, Volume One, Appendix, commencing
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at page 1 of 139), 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 repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 79. 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, 2015, and ending June 30, 2016; 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.
Referred to the Committee on Appropriations.
HB 80. 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, 2015, and ending June 30, 2016; 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.
Referred to the Committee on Appropriations.
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HB 81. By Representatives Turner of the 21st and Caldwell of the 20th:
A BILL to be entitled an Act to amend Code Section 48-4-43 of the Official Code of Georgia Annotated, relating to the effect of redemption of property, so as to require the confirmation of certain redemptions; to limit the lien creditor's 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 Ways & Means.
By unanimous consent, the following Bills of the House were read the second time:
HB 14 HB 55 HB 57 HB 59 HB 61 HB 63
HB 33 HB 56 HB 58 HB 60 HB 62
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Ramsey of the 72nd, Stovall of the 74th, Dawkins-Haigler of the 91st, Rynders of the 152nd, Anderson of the 92nd, Burns of the 159th et al., Cantrell of the 22nd, Smyre of the 135th, Peake of the 141st, and Howard of the 124th.
Pursuant to HR 28, the House commended the Pioneer Little League 11/12 Girls AllStar softball team and invited the team to be recognized by the House of Representatives.
Pursuant to HR 35, the House recognized January 26, 2015, as Korean American Appreciation Day at the state capitol and invited dignitaries Seong-jin KIM, Uncha-Yi Shreve, Young-Rok Oh, Baek-Kyu Kim, and James Song to be recognized by the House of Representatives.
Pursuant to HR 27, the House recognized January 26, 2015, as National Guard Day at the capitol and invited the Georgia National Guard to be recognized by the House of Representatives.
The following Resolutions of the House were read and referred to the Committee on Rules:
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HR 35. HR 38. HR 39. HR 40. HR 41. HR 42. HR 43.
By Representatives Glanton of the 75th and Marin of the 96th:
A RESOLUTION recognizing January 26, 2015, as Korean American Appreciation Day at the state capitol and inviting dignitaries Seong-jin KIM, Uncha-Yi Shreve, Young-Rok Oh, Baek-Kyu Kim, and James Song to be recognized by the House of Representatives; and for other purposes.
By Representative Corbett of the 174th:
A RESOLUTION commending the Echols County Drama Club and inviting the members to be recognized by the House of Representatives; and for other purposes.
By Representative Dickey of the 140th:
A RESOLUTION honoring the life and memory of Deputy Michael Andrew Norris and inviting his family to be recognized by the House of Representatives; and for other purposes.
By Representative O`Neal of the 146th:
A RESOLUTION commending Olivia McMillan and inviting her to be recognized by the House of Representatives; and for other purposes.
By Representative Holmes of the 129th:
A RESOLUTION commending Don Graham and inviting him to be recognized by the House of Representatives; and for other purposes.
By Representatives Holmes of the 129th and Epps of the 144th:
A RESOLUTION commending Bart W. Jackson as the Superior Court Clerk of the Year in 2014 and inviting him to be recognized by the House of Representatives; and for other purposes.
By Representatives Bruce of the 61st, Willard of the 51st, McClain of the 100th, Smyre of the 135th, Mabra of the 63rd and others:
A RESOLUTION honoring the life and memory of Herman Jerome "HJ" Russell, Sr., and inviting his family to be recognized by the House of Representatives; and for other purposes.
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HR 44. By Representatives Dickey of the 140th, Peake of the 141st and Holmes of the 129th:
A RESOLUTION commending Deputy Jeffery Graham Wilson and inviting him and Monroe County Sheriff's Deputies to be recognized by the House of Representatives; and for other purposes.
HR 45. By Representatives Stephens of the 165th, Gordon of the 163rd, Bryant of the 162nd, Petrea of the 166th and Mosby of the 83rd:
A RESOLUTION commending Mr. Albert Paul Ganem and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 46. By Representatives Stephens of the 165th, Bryant of the 162nd, Petrea of the 166th and Mosby of the 83rd:
A RESOLUTION commending Mike Crosby and inviting him to be recognized by the House of Representatives; and for other purposes
HR 47. By Representative Stephens of the 164th:
A RESOLUTION commending the Georgia House of Representatives and the Georgia Economic Developers Association on their efforts to improve the economic development climate of the State of Georgia, and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 48. By Representative Yates of the 73rd:
A RESOLUTION recognizing January 27, 2015, as International Holocaust Remembrance Day at the capitol, and inviting the Georgia Commission on the Holocaust to be recognized by the House of Representatives; and for other purposes.
HR 49. By Representatives Smyre of the 135th, Ralston of the 7th, O`Neal of the 146th, Abrams of the 89th, Gardner of the 57th and others:
A RESOLUTION commending the Atlanta Hawks 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:
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HR 35 HR 48
Do Pass Do Pass
HR 47 HR 49
Do Pass Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 35. By Representatives Glanton of the 75th and Marin of the 96th:
A RESOLUTION recognizing January 26, 2015, as Korean American Appreciation Day at the state capitol and inviting dignitaries Seong-jin KIM, Uncha-Yi Shreve, Young-Rok Oh, Baek-Kyu Kim, and James Song to be recognized by the House of Representatives; and for other purposes.
HR 47. By Representative Stephens of the 164th:
A RESOLUTION commending the Georgia House of Representatives and the Georgia Economic Developers Association on their efforts to improve the economic development climate of the State of Georgia, and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 48. By Representative Yates of the 73rd:
A RESOLUTION recognizing January 27, 2015, as International Holocaust Remembrance Day at the capitol, and inviting the Georgia Commission on the Holocaust to be recognized by the House of Representatives; and for other purposes.
HR 49. By Representatives Smyre of the 135th, Ralston of the 7th, O`Neal of the 146th, Abrams of the 89th, Gardner of the 57th and others:
A RESOLUTION commending the Atlanta Hawks 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 50. By Representatives Carter of the 175th, Shaw of the 176th, Corbett of the 174th, Sharper of the 177th, Roberts of the 155th and others:
A RESOLUTION recognizing January 28, 2015, as Valdosta State University Day at the capitol and commending student leaders at Valdosta State University; and for other purposes.
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HR 51. HR 52.
HR 53. HR 54. HR 55. HR 56. HR 57.
By Representatives Stephens of the 165th, Gordon of the 163rd, Petrea of the 166th, Bryant of the 162nd, Mosby of the 83rd and others:
A RESOLUTION honoring the life and memory of Representative Dorothy Mae Barnes-Pelote; and for other purposes.
By Representatives Cooper of the 43rd, Willard of the 51st, Benton of the 31st, Petrea of the 166th and Powell of the 32nd:
A RESOLUTION recognizing and commending Ms. Patricia S. King, of the Department of Human Services, Division of Aging Services, Forensic Special Investigations Unit, based upon her contributions to the law enforcement profession in Georgia; and for other purposes.
By Representatives Spencer of the 180th and Corbett of the 174th:
A RESOLUTION honoring the life and memory of Donald H. Mounsey; and for other purposes.
By Representatives Brooks of the 55th and Thomas of the 56th:
A RESOLUTION honoring the life and memory of Dr. Eugene Edgar Thomas; and for other purposes.
By Representatives Brooks of the 55th and Thomas of the 56th:
A RESOLUTION honoring the life and memory of Elmo James, Jr.; and for other purposes.
By Representatives Benton of the 31st, Quick of the 117th, England of the 116th and McCall of the 33rd:
A RESOLUTION recognizing the 200th birthday of Dr. Crawford W. Long and remembering his lifetime of achievement; and for other purposes.
By Representative Allison of the 8th:
A RESOLUTION honoring the life and memory of John Peter Dillard, owner of the Dillard House in Rabun County, Georgia; and for other purposes.
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HR 58. HR 59. HR 60. HR 61. HR 62. HR 63. HR 64. HR 65. HR 66.
By Representative Allison of the 8th:
A RESOLUTION recognizing Rabun County as the Farm to Table Capital of Georgia; and for other purposes.
By Representatives Dudgeon of the 25th, Jones of the 47th, Dollar of the 45th, Duncan of the 26th and Martin of the 49th:
A RESOLUTION honoring the Georgia High School Fencing League; and for other purposes.
By Representative Jones of the 62nd:
A RESOLUTION honoring the life and memory of Leshia Nicole RosserJones; and for other purposes.
By Representative Dudgeon of the 25th:
A RESOLUTION commending Pavan Suryadevara for his commitment to excellence inside and outside the classroom; and for other purposes.
By Representative O`Neal of the 146th:
A RESOLUTION recognizing Manoj H. Shah, M.D., as "Doctor of the Day" for February 16, 2015, and commending him for his many contributions to the welfare of the citizens of the State of Georgia; and for other purposes.
By Representative Jones of the 53rd:
A RESOLUTION commending William T. Robie; and for other purposes.
By Representative Brooks of the 55th:
A RESOLUTION honoring the life and memory of former United States Senator Edward W. Brooke; and for other purposes.
By Representative Brooks of the 55th:
A RESOLUTION honoring the life and memory of Dr. Vivien Ardalia Harmon Davenport; and for other purposes.
By Representatives Sims of the 123rd, Harbin of the 122nd, Howard of the 124th, Smith of the 125th, Fleming of the 121st and others:
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A RESOLUTION recognizing February 17, 2015, as Medical College of Georgia Day at the state capitol; and for other purposes.
HR 67. By Representatives Ramsey of the 72nd, Jones of the 47th, Knight of the 130th, England of the 116th, Ballinger of the 23rd and others:
A RESOLUTION recognizing January 28, 2015, as Autism Awareness Day at the state capitol; and for other purposes.
HR 68. By Representatives Roberts of the 155th, Smyre of the 135th, O`Neal of the 146th, LaRiccia of the 169th, Williams of the 168th and others:
A RESOLUTION recognizing and commending Mr. Dave Prater of the legendary Sam & Dave music duo; and for other purposes.
HR 69. By Representatives Benton of the 31st, Williams of the 119th, Quick of the 117th and England of the 116th:
A RESOLUTION honoring the life and memory of Albert Sydney Johnson, III; and for other purposes.
HR 70. By Representatives O`Neal of the 146th, Smyre of the 135th, Ehrhart of the 36th, Meadows of the 5th, Powell of the 32nd and others:
A RESOLUTION honoring the life and memory of Mr. William J. "Bill" Lee; and for other purposes.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
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Representative Hall, Atlanta, Georgia
Tuesday, January 27, 2015
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.
Prayer was offered by Dr. James C. Elder Jr., Pastor, First Baptist Church of Columbus, Columbus, Georgia.
The members pledged allegiance to the flag.
Pursuant to HR 49, the House commended the Atlanta Hawks and invited them to be recognized by the House of Representatives.
The roll was called and the following Representatives answered to their names:
Abrams Alexander Allison Anderson Atwood Ballinger Barr Battles Beasley-Teague Bell Belton Bennett Bentley Benton Beskin E Beverly Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter Casas Chandler Cheokas
Coomer Cooper Corbett Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon E Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps E Evans Fleming Floyd Fludd Frazier Frye Gardner Gasaway Geisinger Glanton
Hamilton Harbin Harden Harrell Hatchett Hawkins Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jacobs Jasperse Jones, J Jones, J.B. Jones, L Jones, S Jordan Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lumsden Mabra
McCall McClain Meadows Mitchell Morris Mosby Nimmer Nix Oliver O'Neal E Pak Parrish Parsons Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick Rakestraw Ramsey Randall Reeves Rice Roberts Rogers, C Rogers, T Rutledge Rynders
Smith, E Smith, L Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R Stephenson Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner Watson Welch Weldon Werkheiser Wilkerson Wilkinson Willard Williams, A Williams, C
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Clark, D Clark, H Clark, V Coleman Cooke
Golick Gordon Gravley Greene
Marin Martin Maxwell Mayo
Scott Sharper Shaw Sims
Williams, E Williamson Yates Ralston, Speaker
The following members were off the floor of the House when the roll was called:
Representatives Setzler of the 35th and Waites of the 60th.
They wished to be recorded as present.
Representative Cheokas of the 138th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 1.
By Representatives Peake of the 141st, Gravley of the 67th, Kaiser of the 59th, Ramsey of the 72nd, McCall of the 33rd and others:
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 change certain provisions relating to the use of marijuana for treatment of cancer and glaucoma; to provide for regulated medicinal use of cannabis and derivatives
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thereof to treat certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 21. By Representatives Carson of the 46th, Roberts of the 155th and Jacobs of the 80th:
A BILL to be entitled an Act to amend Code Section 32-9-9 of the Official Code of Georgia Annotated, relating to the creation of the transit authority by special legislation and the authority's attributes and powers, so as to repeal a population provision relative to creation of a transit authority within metropolitan areas; to provide for the establishment of intergovernmental agreements prior to the operation of service by a transit authority when it is being created in a geographical area where a transit service is already provided by an authority or county government; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 26. By Representatives Bruce of the 61st, Brooks of the 55th, Williams of the 168th, Pruett of the 149th, Marin of the 96th and others:
A BILL to be entitled an Act to amend Part 1 of Article 11 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding preparation for and conduct of primaries and elections, so as to provide that the election superintendent of a county may permit any elector of the county to vote in any precinct of the county which such elector chooses in a primary, election, or runoff under certain conditions; to provide for certain notices; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 32. By Representatives Mitchell of the 88th and Scott of the 76th:
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 relative to law enforcement officers and agencies, so as to require law enforcement officers to be equipped with body cameras; to provide for definitions; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Public Safety & Homeland Security.
HB 37. By Representative Randall of the 142nd:
A BILL to be entitled an Act to amend Title 15 of the O.C.G.A., relating to courts, so as to clarify when the district attorney shall be disqualified from interest or relationship to engage in a prosecution; to provide for the appointment of a district attorney pro tempore in any matter involving the prosecution of persons or agencies to whom it is the duty of the district attorney to render advice; to amend Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings, so as to require a district attorney examination and that any trial be conducted by accusation in every case where a peace officer uses force in the performance of his or her duties which results in the serious injury or death of a person; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 82. By Representative Kidd of the 145th:
A BILL to be entitled an Act to amend Code Section 12-3-402 of the Official Code of Georgia Annotated, relating to the Oconee River Greenway Authority, so as to allow certain members to appoint a designee; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 83. By Representatives Benton of the 31st, Quick of the 117th, England of the 116th, McCall of the 33rd, Hatchett of the 150th and others:
A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to 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.
Referred to the Committee on Transportation.
HB 84. By Representatives Cheokas of the 138th, Meadows of the 5th, Duncan of the 26th and Smith of the 134th:
A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to prohibit
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denial of an aircraft claim unless the insured's action or failure to act had a direct causal connection to the loss upon which the claim is based; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 85. By Representatives Harrell of the 106th, Kidd of the 145th and Epps of the 144th:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the regulation of alcoholic beverages, so as to change certain provisions relating to the sale or furnishing of alcoholic beverages to patients or inmates of Central State Hospital and to the sale or possession of alcoholic beverages near or upon the grounds of such hospital; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 86. By Representatives Benton of the 31st, Dempsey of the 13th and England of the 116th:
A BILL to be entitled an Act to amend Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, so as to provide for the transfer of the Division of Aging Services to the Georgia Adult and Aging Services Agency; to provide for definitions; to provide for the Georgia Adult and Aging Services Board; to provide for membership, powers, and duties; to provide for an executive director; to provide for transfer of rights, duties, and obligations; to amend various provisions of the Official Code of Georgia Annotated so as to make conforming changes; to provide for legislative findings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HB 87. 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 revise, modernize, and correct errors or omissions in said title in furtherance of the work of the Code Revision Commission; to provide for effect in event of conflicts; to provide an effective date; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Judiciary.
HB 88. By Representative Prince of the 127th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Stapleton, approved March 30, 2000 (Ga. L. 2000, p. 3543), as amended, particularly by an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 743), so as to change the terms of office of the mayor and councilmembers; to provide for at-large elections; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 89. By Representatives Bruce of the 61st, Brooks of the 55th and BeasleyTeague of the 65th:
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 90. 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, correct errors or omissions in, and reenact the statutory portion of said Code, as amended, 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 provide for other matters relating to revision, reenactment, and publication of said Code; to provide for effect in event of conflicts; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 91. By Representatives Coleman of the 97th, Dickson of the 6th, Clark of the 101st, Maxwell of the 17th, England of the 116th and others:
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A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the elementary and secondary education, so as to eliminate the Georgia High School Graduation Test as a requirement for purposes of graduation; to provide procedures for former students who did not pass one or more portions of the Georgia High School Graduation Test to petition to obtain a high school diploma; to provide for notice of such petition option; to provide for changes for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 92. By Representatives Benton of the 31st, Hatchett of the 150th, Dempsey of the 13th, Kaiser of the 59th and Cooper of the 43rd:
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 Industry and Labor.
HB 93. By Representatives Pezold of the 133rd, Ramsey of the 72nd, Allison of the 8th, Atwood of the 179th, Powell of the 32nd and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions for the identification and regulation of motor vehicles, so as to prohibit law enforcement from retaining license plate data obtained from automated license plate recognition systems for certain periods; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 94. By Representatives Williams of the 119th, Yates of the 73rd, Atwood of the 179th and Belton of the 112th:
A BILL to be entitled an Act to amend Part 1 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding the ad valorem taxation of motor vehicles and motor
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homes, so as to exempt certain members of the armed forces from penalties for failure to timely pay the ad valorem tax; 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 95. By Representatives Tanner of the 9th, England of the 116th, Peake of the 141st, Carter of the 175th, Broadrick of the 4th and others:
A BILL to be entitled an Act to amend Code Section 36-83-8 of the Official Code of Georgia Annotated, relating to the local government investment pool, so as to provide for a trust fund managed by the state treasurer; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 96. By Representatives Turner of the 21st, Stover of the 71st, Clark of the 147th, Gravley of the 67th, Teasley of the 37th and others:
A BILL to be entitled an Act to amend Code Section 48-7-20 of the Official Code of Georgia Annotated, relating to individual state income tax rates, so as to adjust the rates to account for inflation; 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 97. By Representatives Turner of the 21st, Caldwell of the 20th and Cantrell of the 22nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that all public bodies shall disclose certain communications, terms and conditions of agreements, and incentives and offers made regarding certain matters; to provide for definitions; to provide a short title; to provide for legislative findings; 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 Governmental Affairs.
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HB 98. By Representatives Coomer of the 14th, Caldwell of the 131st, Atwood of the 179th, Meadows of the 5th, Holcomb of the 81st and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to provide for direct appeals and appeals requiring an application for appeals to the appellate courts on matters pertaining to courts-martial; to amend Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, so as to repeal and reenact Article 5, the "Georgia Code of Military Justice"; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HR 36. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION honoring the life and memory of Staff Sergeant Shaun J. Whitehead and dedicating a bridge in his honor; and for other purposes.
Referred to the Committee on Transportation.
HR 37. By Representatives Harbin of the 122nd, Brockway of the 102nd, Abrams of the 89th, Fleming of the 121st, Turner of the 21st and others:
A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to lower the age requirements for members of the General Assembly; 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 of the House were read the second time:
HB 6 HB 17 HB 22 HB 24 HB 34 HB 65 HB 67 HB 69 HB 71 HB 73
HB 10 HB 18 HB 23 HB 25 HB 64 HB 66 HB 68 HB 70 HB 72 HB 74
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HB 75 HB 77 HB 79 HB 81
HB 76 HB 78 HB 80
Pursuant to HR 48, the House recognized January 27, 2015, as International Holocaust Remembrance Day at the capitol, and invited the Georgia Commission on the Holocaust to be recognized by the House of Representatives.
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 38 HR 40 HR 42 HR 46
Do Pass Do Pass Do Pass Do Pass
HR 39 HR 41 HR 43
Do Pass Do Pass Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 38. By Representative Corbett of the 174th:
A RESOLUTION commending the Echols County Drama Club and inviting the members to be recognized by the House of Representatives; and for other purposes.
HR 39. By Representative Dickey of the 140th:
A RESOLUTION honoring the life and memory of Deputy Michael Andrew Norris and inviting his family to be recognized by the House of Representatives; and for other purposes.
HR 40. By Representative O`Neal of the 146th:
A RESOLUTION commending Olivia McMillan and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 41. By Representative Holmes of the 129th:
A RESOLUTION commending Don Graham and inviting him to be recognized by the House of Representatives; and for other purposes.
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HR 42. By Representatives Holmes of the 129th and Epps of the 144th:
A RESOLUTION commending Bart W. Jackson as the Superior Court Clerk of the Year in 2014 and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 43. By Representatives Bruce of the 61st, Willard of the 51st, McClain of the 100th, Smyre of the 135th, Mabra of the 63rd and others:
A RESOLUTION honoring the life and memory of Herman Jerome "HJ" Russell, Sr., and inviting his family to be recognized by the House of Representatives; and for other purposes.
HR 46. By Representatives Stephens of the 165th, Bryant of the 162nd, Petrea of the 166th and Mosby of the 83rd:
A RESOLUTION commending Mike Crosby and inviting him 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 72. By Representative Caldwell of the 131st:
A RESOLUTION commending Jada R. Gresham, a 12 year-old seventh grade honor student at Upson-Lee Middle School, and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 73. By Representatives O`Neal of the 146th, Harden of the 148th, Dickey of the 140th, Clark of the 147th and Epps of the 144th:
A RESOLUTION commending Amanda Miliner, a former Miss Georgia, for her accomplishment of winning the 2015 Georgia Teacher of the Year award and inviting her to be recognized by the House of Representatives, and for other purposes.
HR 74. By Representatives Jones of the 47th, Ramsey of the 72nd, Maxwell of the 17th, Atwood of the 179th, Willard of the 51st and others:
A RESOLUTION commending Georgia State University, recognizing February 4, 2015, as Georgia State University Day at the state capitol, and inviting the Georgia State University Student Government Association to be recognized by the House of Representatives; and for other purposes.
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HR 75. By Representatives Tankersley of the 160th, Parrish of the 158th and Burns of the 159th:
A RESOLUTION commending Maya Van Wagenen, a 16-year-old awardwinning teen author, 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 76. By Representative Caldwell of the 20th:
A RESOLUTION commending the Woodstock Fire Department for achieving an ISO rating of 1; and for other purposes.
HR 77. By Representative Marin of the 96th:
A RESOLUTION recognizing prominent and innovative Georgia Asian American and Pacific Islander voices in the field of media, press, and journalism; and for other purposes.
HR 78. By Representative Dollar of the 45th:
A RESOLUTION commending Kylie O'Laughlin; and for other purposes.
HR 79. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Hayden Stadler; and for other purposes.
HR 80. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Neil Rossman; and for other purposes.
HR 81. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Matthew Christie; and for other purposes.
HR 82. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending William Hall; and for other purposes.
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HR 83. HR 84. HR 85. HR 86. HR 87. HR 88. HR 89. HR 90. HR 91.
By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Carter Gooch; and for other purposes.
By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Jack Henry; and for other purposes.
By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Connor Wellborn; and for other purposes.
By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Ben Thornton; and for other purposes.
By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending J. D. Pike; and for other purposes.
By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Lawson Wellborn; and for other purposes.
By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending David Hood; and for other purposes.
By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Barlett Kauffman; and for other purposes.
By Representatives Bennett of the 94th, Cheokas of the 138th, Gardner of the 57th, Broadrick of the 4th, Mosby of the 83rd and others:
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HR 92. HR 93. HR 94.
HR 95. HR 96. HR 97. HR 98.
A RESOLUTION recognizing Wednesday, January 21, 2015, as Physical Therapy Day at the state capitol; and for other purposes.
By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending David Odom; and for other purposes.
By Representatives Hightower of the 68th, Nix of the 69th, Cooke of the 18th, Smith of the 70th and Meadows of the 5th:
A RESOLUTION recognizing February 2, 2015, as University of West Georgia Day at the capitol; and for other purposes.
By Representatives Carson of the 46th, Dudgeon of the 25th, Cooper of the 43rd, Peake of the 141st and Gravley of the 67th:
A RESOLUTION commending Georgia Bio for the advancements it has made in the life sciences industry and for the impact it has on this state's economy; and for other purposes.
By Representatives Anderson of the 92nd, Dawkins-Haigler of the 91st, Brooks of the 55th, Beasley-Teague of the 65th and Holmes of the 129th:
A RESOLUTION honoring the life and memory of Allison (Al) Edward Venable; and for other purposes.
By Representative Cheokas of the 138th:
A RESOLUTION recognizing Court Appointed Special Advocates (CASA) Day at the state capitol; and for other purposes.
By Representatives Coleman of the 97th and Yates of the 73rd:
A RESOLUTION honoring and commending the U.S.S. MOALE on the 70th anniversary of her commission; and for other purposes.
By Representatives Taylor of the 173rd, Watson of the 172nd and Carter of the 175th:
A RESOLUTION honoring the life and memory of Mr. Lee Ed Kelly, Jr.; and for other purposes.
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HR 99. By Representatives Coomer of the 14th, Lumsden of the 12th, England of the 116th, Carter of the 175th, Dickson of the 6th and others:
A RESOLUTION recognizing February as Career and Technical Education Month and recognizing February 17, 2015, as Georgia Career and Technical Student Organizations Day at the state capitol; and for other purposes.
HR 100. By Representatives Hatchett of the 150th, Ralston of the 7th, Epps of the 144th, Pruett of the 149th, O`Neal of the 146th and others:
A RESOLUTION honoring the life and memory of Jim Hammock, affectionately known as "Widetrack"; and for other purposes.
HR 101. By Representative Cheokas of the 138th:
A RESOLUTION recognizing and commending Campbell Chapel African Methodist Episcopal Church on the wonderful occasion of its 156th anniversary; and for other purposes.
HR 102. By Representative England of the 116th:
A RESOLUTION recognizing January 26-27, 2015, as Tourism, Hospitality, and Arts Days at the capitol; and for other purposes.
HR 103. By Representatives Setzler of the 35th, Dudgeon of the 25th, Stover of the 71st, Turner of the 21st, Drenner of the 85th and others:
A RESOLUTION recognizing December 10 as Georgia's Day of Coding; and for other purposes.
Pursuant to HR 47, the House commended the Georgia House of Representatives and the Georgia Economic Developers Association on their efforts to improve the economic development climate of the State of Georgia, and invited them to be recognized by the House of Representatives.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Carson of the 46th et al., Stovall of the 74th, Allison of the 8th, Dudgeon of the 25th, Teasley of the 37th, and Broadrick of the 4th.
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Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.
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Representative Hall, Atlanta, Georgia
Wednesday, January 28, 2015
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 Alexander Allison Anderson Atwood Ballinger Barr Battles Beasley-Teague Bell Belton E Bennett Bentley Benton Beskin Beverly Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter Chandler Cheokas Clark, D Clark, H Clark, V
Coleman Cooke Coomer Cooper Corbett E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Douglas E Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps E Evans Fleming E Floyd Fludd Frazier Frye Gardner Gasaway Geisinger Glanton Golick
Gordon Gravley Greene E Hamilton Harbin Harden Harrell Hatchett Hawkins E Henson Hightower E Hitchens Holcomb Holmes Houston E Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, L Jones, S Kaiser Kelley Kendrick Kidd LaRiccia Lumsden Mabra Marin Martin Maxwell
Mayo McCall Meadows Mitchell Morris Nimmer Nix O'Neal E Pak Parrish Parsons Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick Rakestraw Ramsey Randall Reeves Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Sharper Shaw Sims
Smith, E Smith, L Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R Stephenson Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Teasley Thomas, A.M. Thomas, E Trammell Turner Waites Watson Weldon Werkheiser Wilkerson Wilkinson Willard Williams, C Williams, E Williamson Yates Ralston, Speaker
Due to a mechanical malfunction, Representative McClain of the 100th was not recorded on the attendance roll call. He wished to be recorded as present.
The following members were off the floor of the House when the roll was called:
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Representatives Casas of the 107th, Dollar of the 45th, Jacobs of the 80th, Jordan of the 77th, Kirby of the 114th, Knight of the 130th, Mosby of the 83rd, Oliver of the 82nd, Setzler of the 35th, Taylor of the 79th, and Williams of the 168th.
They wished to be recorded as present.
Prayer was offered by Dr. Rex King, Senior Pastor, Mountain View Baptist Church, Thomaston, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 18 Capitol Square
Coverdell Legislative Office Building, Room 411 Atlanta, Georgia 30334
January 28, 2015
Mr. Bill Reilly Clerk of the House 309 State Capitol Atlanta, GA 30334
Dear Mr. Reilly,
This comes to officially inform you of my absence on Monday, January 26, 2015, due to illness. I respectfully ask that you mark the journal an "E"/Excuse on this day.
Thank you for your consideration with this matter.
Sincerely,
WEDNESDAY, JANUARY 28, 2015
147
/s/ Winfred Dukes District 154
WD/re
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 7.
By Representatives Alexander of the 66th, Ealum of the 153rd, Maxwell of the 17th, Chandler of the 105th, Kaiser of the 59th 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 provide requirements for safety plans in early care and education programs; to provide a short title; to revise the requirements for school safety plans at public elementary and secondary schools; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 11. By Representatives Mayo of the 84th, Drenner of the 85th and Henson of the 86th:
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 prohibit any local Act granting an original municipal charter from creating new unincorporated islands; to change certain provisions relating to the annexation of unincorporated islands; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
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HB 99. By Representatives Lumsden of the 12th, Caldwell of the 131st, Willard of the 51st, Powell of the 171st, Quick of the 117th and others:
A BILL to be entitled an Act to amend Article 8 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to joint tenancy with survivorship, so as to provide for tenancy in common when joint tenants divorce or have their marriage annulled, under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 100. By Representatives Dickson of the 6th, Epps of the 144th, Greene of the 151st, England of the 116th and Coleman of the 97th:
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 change provisions relating to the date by which a child must reach a certain age in order to be eligible for enrollment in certain educational programs; 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 101. By Representative Cheokas of the 138th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Schley County, approved March 4, 1977 (Ga. L. 1977, p. 2955), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3822), so as to change the description of education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 102. By Representative Cheokas of the 138th:
A BILL to be entitled an Act to provide that the judge of the Probate Court of Schley County shall also serve as the judge of the Magistrate Court of Schley County on and after January 1, 2017; to provide for the continuation in office and expiration of term of the current magistrate judge; to provide for related matters; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Intragovernmental Coordination - Local.
HB 103. By Representatives Belton of the 112th, Dickerson of the 113th, Tanner of the 9th, Williams of the 119th, Peake of the 141st 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 prohibit any person from causing a minor to be identified as the individual in an obscene depiction; to provide for definitions; to provide for venue; to provide for exceptions; to provide for penalties; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 104. By Representatives Dunahoo of the 30th, Sims of the 123rd, Greene of the 151st, Maxwell of the 17th, Kidd of the 145th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the "State Properties Code," so as to clarify applicability of public bidding processes for certain conveyances; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Properties.
HB 105. By Representatives Wilkinson of the 52nd and Cooper of the 43rd:
A BILL to be entitled an Act to amend Code Section 31-12-3.2 of the Official Code of Georgia Annotated, relating to meningococcal disease vaccinations and disclosures, so as to revise provisions regarding vaccination against meningococcal disease of college students; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 106. By Representatives Roberts of the 155th, Burns of the 159th, McCall of the 33rd and Cooke of the 18th:
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 revise what constitutes part of the state highway system; to provide for the appropriation of funds to the Department of Transportation; to amend Title
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40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for submission of electronic accident reports by law enforcement agencies; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 107. By Representatives Scott of the 76th, Sharper of the 177th, Jordan of the 77th, Floyd of the 99th, Dawkins-Haigler of the 91st 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 provide for in-state tuition at units of the University System of Georgia and branches of the Technical College System of Georgia for youth who are from foster care or homeless situations; to provide a short title; to exclude foster care assistance from consideration as income for purposes of calculating financial aid; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 108. By Representatives Maxwell of the 17th, Bentley of the 139th, Greene of the 151st, Coleman of the 97th, Buckner of the 137th 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 investments and real estate investments, so as to authorize public retirement systems to invest in mutual funds, commingled funds, collective investment funds, common trusts, and group trusts; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 109. By Representatives Kendrick of the 93rd, Gardner of the 57th, Fludd of the 64th, Harrell of the 106th, Harbin of the 122nd and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change the qualifications of an investor; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
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HB 110. By Representatives Roberts of the 155th, Turner of the 21st, McCall of the 33rd, Sims of the 123rd, Fleming of the 121st and others:
A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to provide for the sale of consumer fireworks; to provide for definitions; to provide for licensing; to revise penalties; to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to provide for an excise tax on the sale of consumer fireworks; to provide for criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 111. By Representatives Willard of the 51st, Chandler of the 105th, Houston of the 170th, Dempsey of the 13th, Oliver of the 82nd and others:
A BILL to be entitled an Act to amend Part 1 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to powers of state and local school officials with respect to school buses, so as to provide for commercial advertising on school buses by local boards of education; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 112. By Representatives Turner of the 21st, Harrell of the 106th, Barr of the 103rd, Pezold of the 133rd, Stover of the 71st and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding law enforcement, so as to prohibit the use by law enforcement of radar systems designed to detect and measure the distance to moving and near-stationary persons through walls, floors, ceilings, roofs, and similar building structures in Georgia; to prohibit law enforcement from assisting or participating in the use of such radar systems; to provide penalties for violations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 113. By Representatives Willard of the 51st, Powell of the 171st, Caldwell of the 131st, Weldon of the 3rd and Welch of the 110th:
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A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of judges of probate court, chief magistrate judges, and certain other magistrate judges; to provide that, if a municipal judge is elected, such election shall be nonpartisan; 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 114. By Representatives Tanner of the 9th, Powell of the 32nd, Lumsden of the 12th and Hitchens of the 161st:
A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the use of paper eye charts for the testing of noncommercial driver's vision; to provide for notice of certain information from the department to be sent by first-class mail; to provide for the issuance of limited driving permits to noncommercial drivers in certain instances; to provide for a waiver of the application fee for instruction permits in certain instances; to allow photographs on drivers' licenses and identification cards to be in black and white; to provide for the conditions under which limited driving permits shall be issued; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 115. By Representatives Mitchell of the 88th, Jones of the 62nd, Hugley of the 136th, Williams of the 168th, Jordan of the 77th and others:
A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure in general, so as to 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 short title; 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.
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HB 116. By Representatives Atwood of the 179th, Wilkinson of the 52nd, Stephens of the 164th, Jones of the 167th, Williams of the 168th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to wells and drinking water, so as to prohibit the injection of ground water into the Floridan aquifer in certain counties; to provide for a short title; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 117. By Representatives Hamilton of the 24th, Pruett of the 149th, Fleming of the 121st, Strickland of the 111th, Kirby of the 114th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the O.C.G.A., relating to employment security, so as to change certain provisions relating to employment security; to modify the definition of the term "most recent employer"; to amend Code Section 50-36-1 of the O.C.G.A., relating to requirements, procedures, and conditions for verification of lawful presence within the United States, exceptions, regulations, and criminal and other penalties for violations, so as to provide a method for such verification of lawful presence that may be utilized in conjunction with the electronic filing of an application for unemployment insurance with the Department of Labor; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 118. By Representatives Tanner of the 9th, Powell of the 32nd, Lumsden of the 12th and Hitchens of the 161st:
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 amend certain provisions relative to the issuance of commercial drivers' licenses and commercial drivers' instruction permits so as to comply with federal law; to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to prohibit certain activities with wireless telecommunications devices by drivers of commercial motor vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
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HB 119. By Representatives Reeves of the 34th, Willard of the 51st, Fleming of the 121st and Mabra of the 63rd:
A BILL to be entitled an Act to amend Code Section 24-12-21 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, so as to change provisions relating to disclosure of such information under certain circumstances; to provide for procedure; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 120. By Representatives Rutledge of the 109th, Welch of the 110th, Powell of the 171st, Knight of the 130th, Strickland of the 111th 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 procedure for implementing a special purpose local option sales tax, so as to provide for an additional purpose for the tax; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 121. By Representatives Hamilton of the 24th, Powell of the 32nd, Brockway of the 102nd, Fleming of the 121st and Taylor of the 173rd:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally, so as to require notice of writein candidacy filings to include an authorization by the candidate if such filings are not done by the candidate; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 122. By Representatives Martin of the 49th, Ramsey of the 72nd, Hamilton of the 24th, England of the 116th, Jones of the 47th and others:
A BILL to be entitled an Act to amend Code Section 48-7-40.16 of the Official Code of Georgia Annotated, relating to state income tax credits for low-emission vehicles, so as to reduce to zero the amount of such credit; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
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HB 123. By Representative Yates of the 73rd:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to equipment and inspection of motor vehicles, so as to provide for the use of a safety chain or cable when operating a motor vehicle drawing a trailer; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 124. By Representative Yates of the 73rd:
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 counties and municipal corporations, so as to prohibit the regulation of dogs based solely on breed; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 125. By Representative Belton of the 112th:
A BILL to be entitled an Act to provide a homestead exemption from City of Rutledge ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 126. By Representatives Teasley of the 37th, Atwood of the 179th, Peake of the 141st, Setzler of the 35th, Cooke of the 18th 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 of motor vehicles, so as to allow for the use of global positioning or navigation system mounts on the windshields of motor vehicles under certain circumstances; to provide for an exception; to provide for related matters; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Science and Technology.
HB 127. By Representatives Stover of the 71st, Caldwell of the 20th, Pezold of the 133rd, Smith of the 70th and Turner of the 21st:
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 relative to the regulation of the maintenance and use of public roads, so as to provide for the ability of local governments to assist the Department of Transportation in the maintenance of vegetation along the state highway system; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 128. By Representatives Stover of the 71st, Allison of the 8th, McCall of the 33rd, Cooke of the 18th, Turner of the 21st and others:
A BILL to be entitled an Act to amend Code Section 26-2-202 of the Official Code of Georgia Annotated, relating to promulgation of rules and regulations by the Commissioner of Agriculture regarding standards, labeling, and adulteration relative to meat, poultry, and dairy processing plants, so as to prohibit adoption of rules for poultry processing which are more restrictive than federal regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 129. By Representatives Stover of the 71st, Spencer of the 180th, Caldwell of the 20th, Pezold of the 133rd and Turner of the 21st:
A BILL to be entitled an Act to amend Code Section 12-5-175 of the Official Code of Georgia Annotated, relating to fluoridation of public water systems, state funds for cost of fluoridation equipment, chemicals, and materials, and tax deduction for fluoride-removing devices, so as to provide that communities may impose or remove fluoridation by referendum under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 2.
By Representatives Caldwell of the 20th, Pezold of the 133rd, Turner of the 21st, Stover of the 71st, Cantrell of the 22nd and others:
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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.
HR 71. By Representatives Gordon of the 163rd, Stephens of the 165th, Stephens of the 164th, Petrea of the 166th, Bryant of the 162nd and others:
A RESOLUTION creating the House Study Committee on the HOPE Scholarship Program Award Amount for Critical Fields of Study; and for other purposes.
Referred to the Committee on Higher Education.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 1 HB 26 HB 37 HB 83 HB 85 HB 87 HB 89 HB 91 HB 93 HB 95 HB 97 HR 36
HB 21 HB 32 HB 82 HB 84 HB 86 HB 88 HB 90 HB 92 HB 94 HB 96 HB 98 HR 37
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 75 Do Pass, by Substitute
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Respectfully submitted, /s/ England of the 116th
Chairman
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Frazier of the 126th, Gravley of the 67th et al., Cheokas of the 138th, Harbin of the 122nd et al., Stephens of the 164th, and Carter of the 175th et al.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 107. By Representatives Dudgeon of the 25th, Duncan of the 26th, Hamilton of the 24th, Tanner of the 9th and Cantrell of the 22nd:
A RESOLUTION congratulating the Lambert High School baseball team on winning the 2014 GHSA Class AAAAAA State Championship and inviting the team to be recognized by the House of Representatives; and for other purposes.
HR 108. By Representative Abrams of the 89th:
A RESOLUTION commending Maya Austin and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 109. By Representatives McCall of the 33rd, Nimmer of the 178th and England of the 116th:
A RESOLUTION recognizing February 19, 2015, 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.
HR 110. By Representatives Kidd of the 145th, Holmes of the 129th, Ehrhart of the 36th, Wilkinson of the 52nd, Jackson of the 128th and others:
A RESOLUTION celebrating Georgia College & State University's quasquicentennial, recognizing February 10, 2015, as Georgia College & State University Day at the state capitol, and inviting Georgia College President, Steve Dorman, to be recognized by the House of Representatives; and for other purposes.
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HR 111. By Representatives Burns of the 159th, Tankersley of the 160th, Parrish of the 158th, Ramsey of the 72nd, Epps of the 144th and others:
A RESOLUTION recognizing February 3, 2015, as Georgia Southern University Day at the capitol and inviting President Brooks Keel, Dr. Jean Bartels, Rachel Neuhauser, and Andrew Smallwood to be recognized by the Georgia 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 72 HR 74
Do Pass Do Pass
HR 73 HR 75
Do Pass Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 72. By Representative Caldwell of the 131st:
A RESOLUTION commending Jada R. Gresham, a 12 year-old seventh grade honor student at Upson-Lee Middle School, and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 73. By Representatives O`Neal of the 146th, Harden of the 148th, Dickey of the 140th, Clark of the 147th and Epps of the 144th:
A RESOLUTION commending Amanda Miliner, a former Miss Georgia, for her accomplishment of winning the 2015 Georgia Teacher of the Year award and inviting her to be recognized by the House of Representatives, and for other purposes.
HR 74. By Representatives Jones of the 47th, Ramsey of the 72nd, Maxwell of the 17th, Atwood of the 179th, Willard of the 51st and others:
A RESOLUTION commending Georgia State University, recognizing February 4, 2015, as Georgia State University Day at the state capitol, and inviting the Georgia State University Student Government Association to be recognized by the House of Representatives; and for other purposes.
HR 75. By Representatives Tankersley of the 160th, Parrish of the 158th and Burns of the 159th:
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A RESOLUTION commending Maya Van Wagenen, a 16-year-old awardwinning teen author, 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 112. By Representative Setzler of the 35th:
A RESOLUTION commending Dr. William O. Baker and congratulating him upon the grand occasion of his retirement; and for other purposes.
HR 113. By Representatives Stephens of the 164th, Stephens of the 165th, Ralston of the 7th, Bryant of the 162nd, Gordon of the 163rd and others:
A RESOLUTION recognizing Savannah State University on the occasion of its 125th anniversary; and for other purposes.
HR 114. By Representative Waites of the 60th:
A RESOLUTION commending Coach Barbara R. Breedlove; and for other purposes.
HR 115. By Representative Werkheiser of the 157th:
A RESOLUTION honoring the life and memory of Dr. James "Jim" Ernest Strickland; and for other purposes.
HR 116. By Representative Werkheiser of the 157th:
A RESOLUTION commending Tippins Bank on 75 years in business; and for other purposes.
HR 117. By Representative Parrish of the 158th:
A RESOLUTION honoring the life and memory of James "Jimmy" Morgan; and for other purposes.
HR 118. By Representatives Waites of the 60th, Scott of the 76th, Brooks of the 55th, Mitchell of the 88th, Drenner of the 85th and others:
A RESOLUTION commending Representative Darryl W. Jordan; and for other purposes.
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HR 119. By Representatives Dempsey of the 13th, Houston of the 170th, Sims of the 123rd, Hugley of the 136th, Abrams of the 89th and others:
A RESOLUTION honoring and commending Service Providers Association for Developmental Disabilities and their member organizations' staff members and celebrating their day at the Capitol on January 15, 2015; and for other purposes.
HR 120. By Representative Morris of the 156th:
A RESOLUTION honoring the life and memory of Mr. Joe Rewis Strickland; and for other purposes.
HR 121. By Representatives Dempsey of the 13th, Houston of the 170th, Sims of the 123rd, Abrams of the 89th, Hugley of the 136th and others:
A RESOLUTION recognizing and commending the American Heart Association's Go Red For Women movement and recognizing February 6, 2015, as National Wear Red Day; and for other purposes.
HR 122. By Representatives McCall of the 33rd, Nimmer of the 178th, Roberts of the 155th, Rogers of the 10th, Jones of the 167th and others:
A RESOLUTION recognizing February 3, 2015, as Youth Equine Championship Day at the state capitol; and for other purposes.
HR 123. By Representatives Wilkinson of the 52nd, Geisinger of the 48th, Beskin of the 54th and Willard of the 51st:
A RESOLUTION recognizing and commending Mandy Peskin; and for other purposes.
HR 124. By Representatives Wilkinson of the 52nd, Geisinger of the 48th, Beskin of the 54th and Willard of the 51st:
A RESOLUTION recognizing and commending Danielle Jenkins; and for other purposes.
HR 125. By Representatives Wilkinson of the 52nd, Geisinger of the 48th, Beskin of the 54th, Willard of the 51st, Jacobs of the 80th and others:
A RESOLUTION commending the State Road and Tollway Authority; and for other purposes.
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Pursuant to HR 42, the House commended Bart W. Jackson as the Superior Court Clerk of the Year in 2014 and invited him to be recognized by the House of Representatives.
Pursuant to HR 41, the House commended Don Graham and invited him to be recognized by the House of Representatives.
Pursuant to HR 40, the House commended Olivia McMillan and invited her to be recognized by the House of Representatives.
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 57 Do Pass
Respectfully submitted, /s/ Parsons of the 44th
Chairman
Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.
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Representative Hall, Atlanta, Georgia
Thursday, January 29, 2015
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 Bell Belton Bennett Bentley Benton Beskin Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carter Chandler Cheokas Clark, D Clark, H Clark, V Coleman Cooke Coomer
Cooper Corbett Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps E Evans Fleming E Floyd Fludd Frazier Frye Gardner Gasaway Geisinger Glanton Golick Gordon Gravley Greene
E Hamilton Harbin Harden Harrell Hatchett Hawkins Henson Hightower Hitchens Holcomb Holmes Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, L Jones, S Kelley Kendrick Kidd Kirby Knight LaRiccia Lumsden Mabra Marin Martin Maxwell Mayo McCall McClain
Meadows Mitchell Morris E Mosby Nimmer Nix O'Neal Pak Parrish Parsons Petrea Pezold Powell, A Powell, J Prince Pruett Quick Rakestraw Ramsey Randall Reeves Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sims Smith, E
Smith, L Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R E Stephenson Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Teasley Thomas, A.M. Thomas, E Trammell Turner Waites Watson Welch Weldon Werkheiser Wilkerson Wilkinson Willard Williams, C Williams, E Williamson Yates Ralston, Speaker
Due to a mechanical malfunction, Representatives Carson of the 46th and Williams of the 168th were not recorded on the attendance roll call. They wished to be recorded as present.
The following members were off the floor of the House when the roll was called:
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Representatives Beverly of the 143rd, Casas of the 107th, Houston of the 170th, Jacobs of the 80th, Jordan of the 77th, Kaiser of the 59th, Oliver of the 82nd, Peake of the 141st, and Taylor of the 79th.
They wished to be recorded as present.
Prayer was offered by Dr. Robin L. Lindsey, Dalton First United Methodist Church, Dalton, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 20. By Representative Carson of the 46th:
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 clarify that certain allocations to owners of certain entities shall be governed by Georgia law; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
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HB 36. By Representatives Randall of the 142nd, Epps of the 144th, Peake of the 141st, Dickey of the 140th and Beverly of the 143rd:
A BILL to be entitled an Act to amend an Act entitled "Macon Water Commissioners - Pension Plan," approved December 30, 1953 (Ga. L. 1953, p. 2831), as amended, particularly by an Act approved May 1, 2012 (Ga. L. 2012, p. 5637), so as to repeal a provision permitting the assignment of pension rights; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 130. By Representatives Bentley of the 139th, Kaiser of the 59th, Jones of the 53rd and Abrams of the 89th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide that all applications for voter registration shall be processed by the Secretary of State and the appropriate county registration officials within 45 days of initial receipt of such applications; to provide for remedies for failure to timely process such applications; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 131. By Representatives Dickerson of the 113th, Drenner of the 85th, Waites of the 60th and Thomas of the 56th:
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 prohibit cyberbullying; to provide for related matters; to provide for a short title; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 132. By Representatives Buckner of the 137th, Glanton of the 75th, Holcomb of the 81st and Smith of the 41st:
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 the State Board of Education to develop comprehensive civics education curricula; to consider approaches for teaching civic education; to provide for consultation with local boards of
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education and voluntary associations; to provide for implementation; 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 133. By Representatives Holcomb of the 81st and Prince of the 127th:
A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to provisions applicable to counties, municipal corporations, and other governmental entities, so as to provide that any service contract such entities enter into shall contain a termination clause; to provide that poor performance or cost overrun shall constitute cause for termination of the contract; to provide for applicability; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 134. By Representatives Bennett of the 94th, Beasley-Teague of the 65th, Mabra of the 63rd, Randall of the 142nd, Abrams of the 89th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation and exemptions from state income taxes, so as to provide for a State Work Opportunity Tax Credit as a state income tax credit incentive to be provided to private sector employers to hire individuals from certain target groups of job seekers who face employment barriers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 135. By Representatives Howard of the 124th, Williams of the 87th and Thomas of the 56th:
A BILL to be entitled an Act to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to education, so as to enact the "Too Young to Suspend Act"; to provide for a short title; to provide for definitions; to prohibit the suspension or expulsion of pre-kindergarten and kindergarten students except after the commission of certain offenses; to provide for alternatives to discipline of such students; to provide for the issuance of guidelines; to provide for reporting requirements;
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to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 136. By Representatives Smith of the 125th and Jackson of the 128th:
A BILL to be entitled an Act to amend Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to competitive bidding procedures for state purchasing, so as to require a cost comparison prior to entering into certain private service contracts; to prohibit the state from entering into private service contracts unless financially advantageous compared to performance of the contract by public employees; to provide for a short title; 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 137. By Representatives Marin of the 96th, Jordan of the 77th, Abrams of the 89th, Mitchell of the 88th and Williams of the 168th:
A BILL to be entitled an Act to amend Article 4 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the official state language, so as to require reasonable access to public services for nonEnglish speakers; to provide for related matters; to provide for a short title; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Rules.
HB 138. By Representatives Dawkins-Haigler of the 91st, Trammell of the 132nd, Stephenson of the 90th, Hugley of the 136th, Mitchell of the 88th 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 a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
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HB 139. By Representatives Stephens of the 165th and Thomas of the 56th:
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 and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 140. By Representatives Anderson of the 92nd and Bryant of the 162nd:
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 provide that information pertaining to certain contracts with state agencies be open for inspection; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 141. By Representatives Fludd of the 64th and Mayo of the 84th:
A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the O.C.G.A., relating to employment security, so as to provide that the Commissioner of Labor may establish a self-employment assistance program; to change certain provisions relating to withdrawals from the Unemployment Trust Fund for expenditures under the "Employment Security Law"; to change certain provisions relating to benefits to be paid pursuant to rules and regulations prescribed by the Commissioner; to change certain provisions relating to the procedure for judicial review of final decisions of the Board of Review of the Department of Labor; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 142. By Representatives Bell of the 58th and Oliver of the 82nd:
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 require that otherwise eligible schools or programs maintain nondiscriminatory practices in order to qualify to receive scholarship
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disbursements; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 143. By Representatives Wilkerson of the 38th and 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 definitions; to provide for an actuarial investigation and a legislative procedure for review and perfection of all bills proposing tax exemptions; to provide for a short title; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 144. By Representatives Gordon of the 163rd and Randall of the 142nd:
A BILL to be entitled an Act to amend Subpart 3 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student records, so as to enact the "Student Online Personal Information Protection Act"; to provide for definitions; to provide for requirements for operators of online educational sites, services, and applications regarding certain student information; to provide for certain security measures; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 145. By Representatives Beverly of the 143rd and Douglas of the 78th:
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 a short title; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Agriculture & Consumer Affairs.
HB 146. By Representatives Frazier of the 126th and Thomas of the 39th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for portable voter registration in this state; to provide for name changes and eligibility for voting under such new name; to provide for voting after moving to new address; to provide for certain maintenance of the statewide voter registration list; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 147. By Representatives Powell of the 32nd, Knight of the 130th, Peake of the 141st and Hatchett of the 150th:
A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for an initial two-year registration period for certain vehicles; to provide for certain fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 148. By Representative Dickey of the 140th:
A BILL to be entitled an Act to authorize the governing authority of the City of Byron 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 149. By Representatives Rogers of the 10th, Powell of the 32nd, Ballinger of the 23rd, Jasperse of the 11th, Roberts of the 155th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 32 of the O.C.G.A., relating to dimension and weight of vehicles and loads, so as to provide authority to the Department of Public Safety to enter into agreements and take action regarding weight of vehicles and loads; to amend Article 1 of Chapter 2 of Title 35 of the O.C.G.A., relating to general provisions relative to the Department of Public Safety, so as to provide for
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authority of the Department of Public Safety to operate vehicle weigh stations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 150. By Representatives Dickerson of the 113th, Yates of the 73rd, Smith of the 125th, Anderson of the 92nd, Stephenson of the 90th and others:
A BILL to be entitled an Act to amend Code Section 48-7-40.26 of the Official Code of Georgia Annotated, relating to an income tax credit for film, video, or digital production in Georgia, so as to provide for an additional credit amount for productions that employ veterans; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 151. By Representatives Williams of the 168th, Howard of the 124th and Ealum of the 153rd:
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 a short title; 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 Duncan of the 26th, Dudgeon of the 25th, Tankersley of the 160th, Martin of the 49th, Frye of the 118th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 3 of the O.C.G.A., relating to the regulation of alcoholic beverages generally, so as to impose certain requirements upon holders of certain alcohol licenses and those who issue such licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
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HB 153. By Representatives Weldon of the 3rd, Willard of the 51st, Reeves of the 34th, Kelley of the 16th, Oliver of the 82nd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, so as to provide for a civil action for damages; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 154. By Representatives Weldon of the 3rd, Willard of the 51st, Reeves of the 34th, Kelley of the 16th, Oliver of the 82nd and others:
A BILL to be entitled an Act to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to the jurisdiction of magistrate courts, so as to increase the fine amount for contempt of court; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 155. By Representatives Randall of the 142nd, Stephens of the 164th and Bennett of the 94th:
A BILL to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to the control of hazardous conditions, preventable diseases, and metabolic disorders, so as to require registration with the vaccination registry by persons who administer vaccines and by pharmacies, agencies, or businesses employing persons who administer vaccines; to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to medical practice, so as to provide that certain pharmacists and nurses who enter into an influenza vaccine protocol agreement with a physician shall register with the vaccination registry; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 156. By Representatives Rice of the 95th, Powell of the 32nd and Oliver of the 82nd:
A BILL to be entitled an Act to amend Code Section 48-5C-1 of the O.C.G.A., relating to definitions, exemption from taxation, allocation and disbursement of proceeds collected by tag agents, fair market value of vehicle appealable, and report, so as to change the manner for determining
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fair market value of motor vehicles subject to the tax; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for an expiration period for temporary license plates; to require that applications be submitted to the county where the vehicle will be registered; to provide for extensions of the registration period under certain circumstances; to provide for conditional titles for certain motor vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 157. By Representatives Cooke of the 18th, Allison of the 8th, Quick of the 117th, Hightower of the 68th, Clark of the 147th and others:
A BILL to be entitled an Act to amend Code Section 6-2-5 of the O.C.G.A., relating to lawful flight over lands and waters of this state, so as to provide that no aircraft shall be operated in the airspace above private property extending from the surface up to a distance of 100 feet above the surface for the purpose of searching or engaging in surveillance without a search warrant or permission of the property owner, and any evidence obtained by an aircraft within such protected zone without a search warrant or permission of the owner of the property shall be inadmissible in the courts of this state; to amend Article 2 of Chapter 5 of Title 17 of the O.C.G.A., relating to searches with warrants; 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 158. By Representatives Rice of the 95th, Powell of the 32nd and Oliver of the 82nd:
A BILL to be entitled an Act to amend Code Section 48-5C-1 of the O.C.G.A., relating to definitions, exemption from taxation, allocation and disbursement of proceeds collected by tag agents, fair market value of vehicle appealable, and report, so as to change the manner for determining fair market value of motor vehicles subject to the tax; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for an expiration period for temporary license plates; to require that applications be submitted to the county where the vehicle will be registered; to provide for extensions of the registration period under certain circumstances; to provide for conditional titles for certain motor vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Ways & Means.
HB 159. By Representatives Maxwell of the 17th, Yates of the 73rd, Roberts of the 155th, Williams of the 168th and Ealum of the 153rd:
A BILL to be entitled an Act to amend Code Section 40-2-85.1 of the Official Code of Georgia Annotated, relating to special and distinctive license plates for veterans, so as to provide for issuance of such plates for use on motorcycles; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 160. By Representatives Dunahoo of the 30th, Jasperse of the 11th, Chandler of the 105th, Gravley of the 67th, Rogers of the 29th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to wildlife trapping, trappers, and fur dealers, so as to repeal a provision prohibiting the trapping of raccoons in certain counties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 161. By Representatives Chandler of the 105th, Welch of the 110th, Weldon of the 3rd, Kendrick of the 93rd, Dickerson of the 113th 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, composition, and exemptions from income taxes, so as to create a new exemption for contributions used to promote the well-being of certain children; to provide for 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 162. By Representatives Shaw of the 176th, Efstration of the 104th, Taylor of the 173rd, Lumsden of the 12th and Maxwell of the 17th:
A BILL to be entitled an Act to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide for insurance compliance self-evaluative privilege; to provide for intent; to provide for definitions; to provide for an
THURSDAY, JANUARY 29, 2015
175
insurance compliance self-evaluative audit document as privileged information; to provide for inadmissibility in certain legal actions; to provide for applications and exceptions; to provide for the burden of proof; to provide for related matters; to provide for an automatic repeal date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 163. By Representatives Dukes of the 154th and Henson of the 86th:
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 credit checks on employees or prospective employees with certain exceptions; to provide for penalties; to provide a civil cause of action; to provide for definitions; to provide a short title; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 164. By Representatives Martin of the 49th and Casas of the 107th:
A BILL to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the regulation of certificated professional personnel by the Professional Standards Commission, so as to extend the suspension of professional learning requirements for certification renewal; to extend the timeline for revision of certification renewal rules for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HR 104. By Representative Tanner of the 9th:
A RESOLUTION honoring the life of Mr. Bill T. Hardman and dedicating a road in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 105. By Representative Kidd of the 145th:
A RESOLUTION honoring the life and memory of Mr. William Love Walton and dedicating a bridge in his memory; and for other purposes.
176
JOURNAL OF THE HOUSE
Referred to the Committee on Transportation.
HR 106. By Representatives Brockway of the 102nd, Barr of the 103rd, Allison of the 8th, Teasley of the 37th, Clark of the 98th and others:
A RESOLUTION encouraging Congress to Convey Title and Jurisdiction of Federal Public Lands to the States; and for other purposes.
Referred to the Committee on Interstate Cooperation.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 7 HB 99 HB 101 HB 103 HB 105 HB 107 HB 109 HB 111 HB 113 HB 115 HB 117 HB 119 HB 121 HB 123 HB 125 HB 127 HB 129 HR 71
HB 11 HB 100 HB 102 HB 104 HB 106 HB 108 HB 110 HB 112 HB 114 HB 116 HB 118 HB 120 HB 122 HB 124 HB 126 HB 128 HR 2
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR THURSDAY, JANUARY 29, 2015
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 8th Legislative Day as enumerated below:
THURSDAY, JANUARY 29, 2015
177
DEBATE CALENDAR
Open Rule
None
Modified Open Rule
HB 75
Supplemental appropriations; State Fiscal Year July 1, 2014 - June 30, 2015 (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
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Bentley of the 139th, Dudgeon of the 25th, Thomas of the 56th, Willard of the 51st, Mitchell of the 88th, and Stephens of the 165th.
Pursuant to HR 39, the House honored the life and memory of Deputy Michael Andrew Norris and invited his family to be recognized by the House of Representatives.
Pursuant to HR 46, the House commended Mike Crosby 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 Bill of the House was taken up for consideration and read the third time:
HB 75. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th:
178
JOURNAL OF THE HOUSE
A BILL to be entitled an Act to be entitled an Act to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2014, and ending June 30, 2015, known as the "General Appropriations Act," Act No. 632, approved April 28, 2014 (Ga. L. 2014, Volume One, Appendix, commencing at page 1 of 139), 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 repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
HOUSE COMMITTEE SUBSTITUTE A BILL TO BE ENTITLED AN ACT
To amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2014, and ending June 30, 2015, known as the "General Appropriations Act," Act No. 632, approved April 28, 2014 (Ga. L. 2014, Volume One, Appendix, commencing at page 1 of 139), 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 making and providing appropriations for the State Fiscal Year beginning July 1, 2014, and ending June 30, 2015, known as the "General Appropriations Act," Act No. 632, approved April 28, 2014 (Ga. L. 2014, Volume One, Appendix, commencing at Page 1 of 139), is amended by striking everything following the Part I designation up to but not including the Part II designation and by substituting in lieu thereof the following:
"The sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2014, and ending June 30, 2015, as prescribed hereinafter for such fiscal year:
Total Funds
$43,487,942,013
THURSDAY, JANUARY 29, 2015
Federal Funds and Grants
CCDF Mandatory and Matching Funds (CFDA 93.596)
Child Care and Development Block Grant
(CFDA 93.575)
Community Mental Health Services Block Grant (CFDA 93.958)
Community Service Block Grant (CFDA 93.569)
Federal Highway Administration Highway Planning and Construction
(CFDA 20.205)
Foster Care Title IV-E
(CFDA 93.658)
Low-Income Home Energy Assistance (CFDA
93.568)
Maternal and Child Health Services Block Grant (CFDA 93.994)
Medical Assistance Program (CFDA 93.778)
Prevention and Treatment of Substance Abuse Block Grant (CFDA
93.959)
Preventive Health and Health Services Block Grant (CFDA 93.991)
Social Services Block Grant (CFDA 93.667)
State Children's Insurance Program (CFDA
93.767)
TANF Transfers to Social Services Block Grant
(CFDA 93.558)
Temporary Assistance for Needy Families Block Grant (CFDA 93.558)
Federal Funds Not Specifically Identified Federal Recovery Funds
Federal Recovery Funds
179 $12,797,866,944
$102,806,666 $109,580,578 $14,163,709
$16,526,699 $1,526,296,548
$84,525,955 $55,866,874 $16,534,236
$6,314,751,562 $47,733,582
$2,403,579
$93,259,598 $303,291,532
$5,250,000 $387,440,910
$3,717,434,916 $102,796,523 $102,796,523
180
JOURNAL OF THE HOUSE
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
$5,817,161,841 $3,172,781,815
$139,386,524
$399,442,424 $50,663
$582,288 $2,104,918,127 $21,112,906,096
$1,784,064 $261,400,702 $947,948,052 $997,332,591 $167,969,114 $18,594,104,801 $142,366,772
$3,657,210,609 $3,091,230,681
$280,857,262 $69,284,889 $54,080,379 $161,757,398
$10,585,835 $10,585,835 $10,585,835
$1,256,003
THURSDAY, JANUARY 29, 2015
181
State Funds State General Funds
$1,256,003 $1,256,003
1.2. Secretary of the Senate's Office Total Funds State Funds State General Funds
$1,147,666 $1,147,666 $1,147,666
1.3. Senate Total Funds State Funds State General Funds
$7,115,031 $7,115,031 $7,115,031
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
$1,067,135
State Funds
$1,067,135
State General Funds
$1,067,135
Section 2: Georgia House of Representatives Total Funds State Funds State General Funds
2.1. House of Representatives Total Funds State Funds State General Funds
$18,705,323 $18,705,323 $18,705,323
$18,705,323 $18,705,323 $18,705,323
Section 3: Georgia General Assembly Joint Offices Total Funds State Funds State General Funds
3.1. Ancillary Activities
Purpose: The purpose of this appropriation is to provide services for the
legislative branch of government.
Total Funds
$5,734,042
State Funds
$5,734,042
$10,043,865 $10,043,865 $10,043,865
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JOURNAL OF THE HOUSE
State General Funds
$5,734,042
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
$1,273,514
State Funds
$1,273,514
State General Funds
$1,273,514
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
$3,036,309
State Funds
$3,036,309
State General Funds
$3,036,309
Section 4: Audits and Accounts, Department of Total Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments
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
$29,149,900
State Funds
$28,509,900
State General Funds
$28,509,900
Intra-State Government Transfers
$640,000
Other Intra-State Government Payments
$640,000
$34,090,200 $33,450,200 $33,450,200
$640,000 $640,000
THURSDAY, JANUARY 29, 2015
183
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$29,241,479
$29,881,479
Transfer funds to the Departmental Administration ($578,910) and Statewide Equalized Adjusted Property Tax Digest ($152,669) programs to meet projected personal services expenditures.
($731,579)
($731,579)
Amount appropriated in this Act
$28,509,900
$29,149,900
4.2. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative support to all Department programs.
Total Funds
$2,320,999
State Funds
$2,320,999
State General Funds
$2,320,999
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,742,089
$1,742,089
Transfer funds from the Audit and Assurance Services program to meet projected personal services expenditures.
$578,910
$578,910
Amount appropriated in this Act
$2,320,999
$2,320,999
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
$251,872
State Funds
$251,872
State General Funds
$251,872
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JOURNAL OF THE HOUSE
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
$2,347,429
State Funds
$2,347,429
State General Funds
$2,347,429
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$2,194,760
$2,194,760
Transfer funds from the Audit and Assurance Services program to meet projected personal services expenditures.
$152,669
$152,669
Amount appropriated in this Act
$2,347,429
$2,347,429
Section 5: Appeals, Court of Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds
$15,192,269 $150,000 $150,000
$15,042,269 $15,042,269
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
$15,192,269
Other Funds
$150,000
Other Funds - Not Specifically Identified
$150,000
State Funds
$15,042,269
State General Funds
$15,042,269
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$15,035,519
$15,185,519
Increase funds for six hours of continued legal education
$0
$0
THURSDAY, JANUARY 29, 2015
185
training for staff attorneys. (H:No) Increase funds for trial court records maintenance. (H:No)
Increase funds to fill one vacant full-time central staff attorney position. (H:No) Increase funds to fill one vacant full-time fiscal office position. (H:No) Provide funds for increased costs of software maintenance for the docket system.
Amount appropriated in this Act
$0 $0 $0 $6,750 $15,042,269
$0 $0 $0 $6,750 $15,192,269
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
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
$438,057
State Funds
$438,057
State General Funds
$438,057
6.2. Georgia Office of Dispute Resolution
Purpose: The purpose of this appropriation is to oversee the state's courtconnected 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
$17,364,528 $2,552,935 $2,552,935 $1,144,998
$876,093 $268,905 $13,666,595 $13,666,595
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JOURNAL OF THE HOUSE
6.3. Institute of Continuing Judicial Education
Purpose: The purpose of this appropriation is to provide basic training and
continuing education for Superior Court Judges, Juvenile Court Judges, State
Court Judges, Probate Court Judges, Magistrate Court Judges, Municipal
Court Judges, Superior Court Clerks, Juvenile Court Clerks, Municipal Court
Clerks, and other court personnel.
Total Funds
$1,174,992
Other Funds
$703,203
Agency Funds
$703,203
State Funds
$471,789
State General Funds
$471,789
6.4. Judicial Council
Purpose: The purpose of this appropriation is to support the Administrative
Office of the Courts; to support accountability courts and the Judicial Council Accountability Court Committee; to provide administrative support for the
councils of the Magistrate Court Judges, the Municipal Court Judges, the
Probate Court Judges, and the State Court Judges; to operate the Child
Support E-Filing system, the Child Support Guidelines Commission, the
Commission on Interpreters, the County and Municipal Probation Advisory
Council, the Georgia Commission on Family Violence, and the Children and
Family Courts division; and to support the Committee on Justice for Children.
Total Funds
$14,250,883
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
$11,429,043
State General Funds
$11,429,043
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$11,223,561
$14,045,401
Increase funds for three compliance monitor positions and operating expenses to effectively and efficiently register and regulate misdemeanor probation providers.
$88,217
$88,217
Increase funds to reflect an adjustment in the employer share of the Judicial Retirement System for the Council of State Court Judges.
Amount appropriated in this Act
$117,265 $11,429,043
$117,265 $14,250,883
6.5. Judicial Qualifications Commission Purpose: The purpose of this appropriation is to investigate complaints filed against a judicial officer, impose and recommend disciplinary sanctions
THURSDAY, JANUARY 29, 2015
187
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
$527,706
State Funds
$527,706
State General Funds
$527,706
6.6. Resource Center
Purpose: The purpose of this appropriation is to provide direct representation to death penalty sentenced inmates and to recruit and assist private attorneys to represent plaintiffs in habeas corpus proceedings.
Total Funds
$800,000
State Funds
$800,000
State General Funds
$800,000
Section 7: Juvenile Courts Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds
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
$1,968,901
Federal Funds and Grants
$447,456
Federal Funds Not Specifically Identified
$447,456
State Funds
$1,521,445
State General Funds
$1,521,445
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as
$1,493,806
$1,941,262
amended
Increase funds to reflect an adjustment in the employer
$27,639
$27,639
share of the Employees' Retirement System.
Amount appropriated in this Act
$1,521,445
$1,968,901
$7,673,268 $447,456 $447,456
$7,225,812 $7,225,812
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JOURNAL OF THE HOUSE
7.2. Grants to Counties for Juvenile Court Judges
Purpose: The purpose of this appropriation is for payment of state funds to
circuits to pay for juvenile court judges' salaries.
Total Funds
$5,704,367
State Funds
$5,704,367
State General Funds
$5,704,367
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$5,535,458
$5,535,458
Increase funds for Grants to Counties for Juvenile Court Judges pursuant to O.C.G.A. 15-11-52 effective January 1, 2015.
$10,625
$10,625
Increase funds to reflect an adjustment in the employer share of the Judicial Retirement System.
$158,284
$158,284
Amount appropriated in this Act
$5,704,367
$5,704,367
Section 8: Prosecuting Attorneys Total Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments
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
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
$62,474,790
State Funds
$60,672,663
State General Funds
$60,672,663
Intra-State Government Transfers
$1,802,127
Other Intra-State Government Payments
$1,802,127
$69,009,172 $67,207,045 $67,207,045 $1,802,127 $1,802,127
THURSDAY, JANUARY 29, 2015
189
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$60,672,663
$62,474,790
Increase funds for district attorney court travel and training. (H:No)
$0
$0
Amount appropriated in this Act
$60,672,663
$62,474,790
8.3. Prosecuting Attorneys' Council
Purpose: The purpose of this appropriation is to assist Georgia's District
Attorneys and State Court Solicitors.
Total Funds
$6,348,802
State Funds
$6,348,802
State General Funds
$6,348,802
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$6,342,614
$6,342,614
Increase funds to reflect an adjustment for risk premiums.
$6,188
$6,188
Amount appropriated in this Act
$6,348,802
$6,348,802
Section 9: Superior Courts Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds
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
$1,388,844
Other Funds
$35,000
Other Funds - Not Specifically Identified
$35,000
State Funds
$1,353,844
State General Funds
$1,353,844
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
$65,015,897 $137,000 $137,000
$64,878,897 $64,878,897
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JOURNAL OF THE HOUSE
includes managing budgets, policy, procedure, and providing a liaison
between local and state courts.
Total Funds
$2,587,166
Other Funds
$87,000
Other Funds - Not Specifically Identified
$87,000
State Funds
$2,500,166
State General Funds
$2,500,166
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$2,500,166
$2,587,166
Increase funds to restore a portion of operating expenses
$0
$0
that have been reduced in prior years as a result of budget
reductions. (H:No)
Increase funds to restore three furlough days remaining
$0
$0
in the base budget. (H:No)
Amount appropriated in this Act
$2,500,166
$2,587,166
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
$61,039,887
Other Funds
$15,000
Other Funds - Not Specifically Identified
$15,000
State Funds
$61,024,887
State General Funds
$61,024,887
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$61,055,137
$61,070,137
Increase funds to restore 1.5 furlough days remaining in
$0
$0
the base budget. (H:No)
Reduce funds for the initial equipment set-up for the Chattahoochee and Oconee judgeships created in HB 451 (2013 Session).
($30,250)
($30,250)
Amount appropriated in this Act
$61,024,887
$61,039,887
Section 10: Supreme Court Total Funds Other Funds
$12,181,172 $1,859,823
THURSDAY, JANUARY 29, 2015
191
Other Funds - Not Specifically Identified State Funds
State General Funds
$1,859,823 $10,321,349 $10,321,349
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
$12,181,172
Other Funds
$1,859,823
Other Funds - Not Specifically Identified
$1,859,823
State Funds
$10,321,349
State General Funds
$10,321,349
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$10,248,025
$12,107,848
Increase funds paid to the Department of Public Safety for a trooper to provide security.
$33,219
$33,219
Increase funds to annualize additional yearly costs for a new network.
$31,000
$31,000
Increase funds to annualize additional yearly costs for the Reporters' Office - LexisNexis publication.
$1,665
$1,665
Increase funds to annualize additional yearly costs for TriVir e-filing and maintenance.
$6,000
$6,000
Increase funds to annualize additional yearly costs for WestLaw research contract fees.
$1,440
$1,440
Amount appropriated in this Act
$10,321,349
$12,181,172
Section 11: Accounting Office, State Total Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments
11.1. State Accounting Office Purpose: The purpose of this appropriation is to prescribe statewide
$23,600,019 $6,457,650 $6,457,650 $17,142,369 $17,142,369
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JOURNAL OF THE HOUSE
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
$21,608,431
State Funds
$4,466,062
State General Funds
$4,466,062
Intra-State Government Transfers
$17,142,369
Other Intra-State Government Payments
$17,142,369
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$3,743,499
$20,885,868
Provide one-time funds for the federal Statewide Cost Allocation Plan settlement payment.
$722,563
$722,563
Amount appropriated in this Act
$4,466,062
$21,608,431
The following appropriations are for agencies attached for administrative purposes.
11.2. 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
$1,350,262
State Funds
$1,350,262
State General Funds
$1,350,262
11.3. Georgia State Board of Accountancy
Purpose: The purpose of this appropriation is to protect public financial,
fiscal, and economic interests by licensing certified public accountants and
public accountancy firms; regulating public accountancy practices; and
investigating complaints and taking appropriate legal and disciplinary actions
when warranted.
Total Funds
$641,326
State Funds
$641,326
State General Funds
$641,326
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as
$0
$0
THURSDAY, JANUARY 29, 2015
193
amended Reflect a change in the program purpose statement. (H:Yes) Provide funds for Board operations.
Amount appropriated in this Act
$0
$641,326 $641,326
$0
$641,326 $641,326
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
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.
$199,932,436 $24,616,523 $16,356,239 $8,260,284 $4,878,113 $4,878,113
$170,437,800 $8,680,402
$161,757,398
12.2. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support to all department programs.
Total Funds
$5,765,733
Other Funds
$5,765,733
Other Funds - Not Specifically Identified
$5,765,733
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
$1,029,374
Other Funds
$1,029,374
Other Funds - Not Specifically Identified
$1,029,374
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.
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Total Funds Intra-State Government Transfers
Other Intra-State Government Payments
$8,680,402 $8,680,402 $8,680,402
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
$162,757,398
State Funds
$1,000,000
State General Funds
$1,000,000
Intra-State Government Transfers
$161,757,398
Self Insurance Trust Fund Payments
$161,757,398
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
$10,912,634
Other Funds
$10,912,634
Agency Funds
$10,912,634
12.7. Surplus Property
Purpose: The purpose of this appropriation is to reduce cost through maximization of the useful life of state-owned equipment and redistribution of property to state and local governments, qualifying non-profits, and to the public through auction.
Total Funds
$1,465,177
Other Funds
$1,465,177
Other Funds - Not Specifically Identified
$1,465,177
The following appropriations are for agencies attached for administrative purposes.
THURSDAY, JANUARY 29, 2015
195
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
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
$4,300,552
Other Funds
$1,300,805
Agency Funds
$1,300,805
State Funds
$2,999,747
State General Funds
$2,999,747
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$2,999,747
$4,300,552
Provide one-time funds for moving expenses. (H:No)
$0
$0
Amount appropriated in this Act
$2,999,747
$4,300,552
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
$4,142,800
Other Funds
$4,142,800
Agency Funds
$4,142,800
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
$838,860
State Funds
$838,860
State General Funds
$838,860
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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
$49,988,777 $6,837,012 $6,837,012
$636,171 $636,171 $42,515,594 $42,515,594
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
$2,910,273
State Funds
$2,910,273
State General Funds
$2,910,273
13.2. Consumer Protection
Purpose: The purpose of this appropriation is to provide for public health and
safety by monitoring, inspecting and regulating the cultivation, processing, and
production of livestock, meat, poultry, and other food products; by inspecting
establishments that sell food for offsite consumption, food warehouses,
wholesale and mobile meat and seafood vendors, dairy farms, and food banks;
by certifying organic products, shellfish, and bottled water; by monitoring,
inspecting, and regulating the companion animal, bird, and equine industries
(including reports of abuse by private owners); by monitoring, inspecting, and
regulating the plant and apiary industries including performing phytosanitary
inspections; by monitoring, inspecting, and regulating the pesticide and wood
treatment industries; and by monitoring, inspecting, and regulating animal
feed, pet food, and grains. The purpose of this appropriation is also to ensure
accurate commercial transactions by monitoring, inspecting, and regulating
weights and measures and fuel sales.
Total Funds
$32,520,609
Federal Funds and Grants
$6,837,012
Federal Funds Not Specifically Identified
$6,837,012
Other Funds
$225,000
Other Funds - Not Specifically Identified
$225,000
State Funds
$25,458,597
State General Funds
$25,458,597
13.3. Departmental Administration Purpose: The purpose of this appropriation is to provide administrative support for all programs of the department.
THURSDAY, JANUARY 29, 2015
197
Total Funds State Funds
State General Funds
$4,524,816 $4,524,816 $4,524,816
13.4. Marketing and Promotion
Purpose: The purpose of this appropriation is to manage the state's farmers
markets, to promote Georgia's agricultural products domestically and
internationally, to administer relevant certification marks, to provide poultry
and livestock commodity data, to administer surety bonds, to provide
information to the public, and to publish the Market Bulletin.
Total Funds
$6,236,403
Other Funds
$411,171
Other Funds - Not Specifically Identified
$411,171
State Funds
$5,825,232
State General Funds
$5,825,232
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
$2,830,399
State Funds
$2,830,399
State General Funds
$2,830,399
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
$966,277
State Funds
$966,277
State General Funds
$966,277
Section 14: Banking and Finance, Department of Total Funds State Funds State General Funds
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
$227,776
$11,669,059 $11,669,059 $11,669,059
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JOURNAL OF THE HOUSE
State Funds State General Funds
$227,776 $227,776
14.2. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support to all department programs.
Total Funds
$2,047,883
State Funds
$2,047,883
State General Funds
$2,047,883
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
$7,409,357
State Funds
$7,409,357
State General Funds
$7,409,357
14.4. Non-Depository Financial Institution Supervision
Purpose: The purpose of this appropriation is to protect consumers from
unfair, deceptive, or fraudulent residential mortgage lending practices and
money service businesses, 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 Funds
$1,984,043
State Funds
$1,984,043
State General Funds
$1,984,043
Section 15: Behavioral Health and Developmental Disabilities, Department of
Total Funds Federal Funds and Grants
Community Mental Health Services Block Grant (CFDA 93.958) Medical Assistance Program (CFDA 93.778) Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959) Social Services Block Grant (CFDA 93.667) Temporary Assistance for Needy Families Block Grant (CFDA 93.558)
$1,145,628,694 $145,660,990 $14,163,709 $25,697,365 $47,482,075 $40,481,142 $12,096,720
THURSDAY, JANUARY 29, 2015
199
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
$5,739,979 $29,487,043 $24,332,036 $5,155,007 $968,060,951 $957,805,813 $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,
have a chemical dependency and who need assistance for compulsive
gambling.
Total Funds
$89,477,091
Federal Funds and Grants
$44,404,231
Medical Assistance Program (CFDA 93.778)
$200,000
Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959)
$29,607,511
Social Services Block Grant (CFDA 93.667)
$2,500,000
Temporary Assistance for Needy Families Block Grant $12,096,720
(CFDA 93.558)
Other Funds
$435,203
Agency Funds
$434,903
Other Funds - Not Specifically Identified
$300
State Funds
$44,637,657
State General Funds
$44,637,657
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$44,653,249
$89,492,683
Reduce funds to reflect a one-time credit from the Employees' Retirement System.
($15,592)
($15,592)
Amount appropriated in this Act
$44,637,657
$89,477,091
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
$333,077,377
Federal Funds and Grants
$42,980,753
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Medical Assistance Program (CFDA 93.778)
$12,336,582
Social Services Block Grant (CFDA 93.667)
$30,644,171
Other Funds
$12,960,000
Agency Funds
$12,960,000
State Funds
$277,136,624
State General Funds
$266,881,486
Tobacco Settlement Funds
$10,255,138
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $277,612,176 amended
$333,552,929
Reduce funds to reflect a one-time credit from the Employees' Retirement System.
($475,552)
($475,552)
Amount appropriated in this Act
$277,136,624
$333,077,377
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
$88,730,414
Other Funds
$26,500
Other Funds - Not Specifically Identified
$26,500
State Funds
$88,703,914
State General Funds
$88,703,914
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
$359,893,117
Federal Funds and Grants
$11,858,953
Community Mental Health Services Block Grant (CFDA
93.958)
$6,726,178
Medical Assistance Program (CFDA 93.778)
$2,070,420
Federal Funds Not Specifically Identified
$3,062,355
Other Funds
$2,220,095
Agency Funds
$1,130,000
Other Funds - Not Specifically Identified
$1,090,095
State Funds
$345,814,069
State General Funds
$345,814,069
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
THURSDAY, JANUARY 29, 2015
201
Amount from previous Appropriations Act (HB 744) as amended Reduce funds to reflect a one-time credit from the Employees' Retirement System.
Amount appropriated in this Act
$346,102,519 ($288,450)
$345,814,069
$360,181,567 ($288,450)
$359,893,117
15.5. 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
$11,391,581
Federal Funds and Grants
$8,114,223
Medical Assistance Program (CFDA 93.778)
$236,074
Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959)
$7,878,149
State Funds
$3,277,358
State General Funds
$3,277,358
15.6. Child and Adolescent Developmental Disabilities
Purpose: 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 Funds
$12,411,610
Federal Funds and Grants
$3,588,692
Medical Assistance Program (CFDA 93.778)
$3,588,692
State Funds
$8,822,918
State General Funds
$8,822,918
15.7. 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
$5,193,233
State Funds
$5,193,233
State General Funds
$5,193,233
15.8. 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
$62,226,055
Federal Funds and Grants
$10,324,515
Community Mental Health Services Block Grant (CFDA
93.958)
$7,437,531
Medical Assistance Program (CFDA 93.778)
$2,886,984
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Other Funds Agency Funds Other Funds - Not Specifically Identified
State Funds State General Funds
$2,669,781 $85,000
$2,584,781 $49,231,759 $49,231,759
15.9. 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
$48,920,969
Federal Funds and Grants
$11,715,584
Medical Assistance Program (CFDA 93.778)
$4,378,613
Social Services Block Grant (CFDA 93.667)
$7,336,971
Other Funds
$22,133
Agency Funds
$22,133
State Funds
$37,183,252
State General Funds
$37,183,252
15.10. Direct Care Support Services
Purpose: The purpose of this appropriation is to operate five state-owned and operated hospitals.
Total Funds
$120,486,553
Other Funds
$11,153,331
Agency Funds
$9,700,000
Other Funds - Not Specifically Identified
$1,453,331
State Funds
$106,913,512
State General Funds
$106,913,512
Intra-State Government Transfers
$2,419,710
Other Intra-State Government Payments
$2,419,710
15.11. 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
$10,230,543
Federal Funds and Grants
$9,996,415
Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959)
$9,996,415
State Funds
$234,128
State General Funds
$234,128
THURSDAY, JANUARY 29, 2015
203
The following appropriations are for agencies attached for administrative purposes.
15.12. 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
$2,921,777
Federal Funds and Grants
$2,677,624
Federal Funds Not Specifically Identified
$2,677,624
State Funds
$244,153
State General Funds
$244,153
15.13. 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
$668,374
State Funds
$668,374
State General Funds
$668,374
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$661,254
$661,254
Increase funds for new Board member training.
$7,120
$7,120
Amount appropriated in this Act
$668,374
$668,374
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
$327,056,969 $172,892,464 $172,892,464
$13,180,869 $55,284
$13,125,585 $140,983,636 $140,983,636
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
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building inspectors and builders on Georgia's construction codes. Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds
$573,714 $75,116 $75,116 $257,804 $257,804 $240,794 $240,794
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
$3,799,087
Other Funds
$126,906
Other Funds - Not Specifically Identified
$126,906
State Funds
$3,672,181
State General Funds
$3,672,181
16.3. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support for all programs of the department.
Total Funds
$6,557,530
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
$1,116,849
State General Funds
$1,116,849
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
$54,152,750
Federal Funds and Grants
$52,272,828
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205
Federal Funds Not Specifically Identified Other Funds
Other Funds - Not Specifically Identified State Funds
State General Funds
$52,272,828 $305,415 $305,415
$1,574,507 $1,574,507
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 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
$1,329,194
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
$1,032,544
State General Funds
$1,032,544
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 lowinterest 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.
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Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified Other Funds
Other Funds - Not Specifically Identified
$118,940,343 $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
$388,430
State Funds
$388,430
State General Funds
$388,430
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
$805,597
Other Funds
$55,284
Agency Funds
$55,284
State Funds
$750,313
State General Funds
$750,313
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.
THURSDAY, JANUARY 29, 2015
207
Total Funds
$41,424,696
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
$41,089,109
State General Funds
$41,089,109
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$21,089,109
$21,424,696
Increase funds for Regional Economic Business Assistance (REBA) grants.
$20,000,000
$20,000,000
Amount appropriated in this Act
$41,089,109
$41,424,696
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
$348,495
State Funds
$348,495
State General Funds
$348,495
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
$12,807,522
State Funds
$12,807,522
State General Funds
$12,807,522
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$11,252,839
$11,252,839
Increase funds for Xpress operations.
$1,554,683
$1,554,683
Amount appropriated in this Act
$12,807,522
$12,807,522
16.14. Payments to OneGeorgia Authority Purpose: The purpose of this appropriation is to provide funds for the OneGeorgia Authority.
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Total Funds
$75,178,902
Other Funds
$178,902
Other Funds - Not Specifically Identified
$178,902
State Funds
$75,000,000
State General Funds
$75,000,000
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$20,000,000
$20,178,902
Increase funds for economic development projects.
$20,000,000
$20,000,000
Increase funds to provide additional competitive grants to local school systems for broadband internet connectivity through the Connections for Classrooms program and provide funding for live online instruction and other digital platforms for students and teachers.
$35,000,000
$35,000,000
Amount appropriated in this Act
$75,000,000
$75,178,902
Section 17: Community Health, Department of Total Funds Federal Funds and Grants Medical Assistance Program (CFDA 93.778) State Children's Insurance Program (CFDA 93.767) Federal Funds Not Specifically Identified Other Funds Agency Funds Indigent Care Trust Fund - Public Hospital Authorities Other Funds - Not Specifically Identified 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
$13,243,855,711 $6,539,531,045 $6,209,596,112 $303,291,532 $26,643,401 $224,261,749 $77,971,304 $139,386,524 $6,903,921 $3,107,974,974 $261,400,702 $167,969,114 $2,568,636,901 $109,968,257 $3,372,087,943 $3,091,230,681 $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
$389,025,287
Federal Funds and Grants
$296,140,528
Medical Assistance Program (CFDA 93.778)
$267,962,627
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209
State Children's Insurance Program (CFDA 93.767)
$26,256,668
Federal Funds Not Specifically Identified
$1,921,233
Other Funds
$4,798,519
Other Funds - Not Specifically Identified
$4,798,519
State Funds
$66,774,655
State General Funds
$66,774,655
Intra-State Government Transfers
$21,311,585
Health Insurance Payments
$21,311,585
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$66,857,380
$389,108,012
Reduce funds for operations.
($82,725)
($82,725)
Amount appropriated in this Act
$66,774,655
$389,025,287
17.2. Georgia Board of Dentistry
Purpose: The purpose of this appropriation is to protect public health by
licensing qualified applicants as dentists and dental hygienists, regulating the
practice of dentistry, investigating complaints, and taking appropriate
disciplinary action when warranted.
Total Funds
$802,970
State Funds
$802,970
State General Funds
$802,970
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$802,970
$802,970
Reduce funds for operations. (H:No)
$0
$0
Amount appropriated in this Act
$802,970
$802,970
17.3. Georgia State Board of Pharmacy
Purpose: The purpose of this appropriation is to protect public health by
licensing qualified pharmacists and pharmacies, regulating the practice of
pharmacy, investigating complaints, and taking appropriate disciplinary
actions when warranted.
Total Funds
$744,573
State Funds
$744,573
State General Funds
$744,573
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$744,573
$744,573
Reduce funds for operations. (H:No)
$0
$0
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Amount appropriated in this Act
$744,573
$744,573
17.4. Health Care Access and Improvement
Purpose: The purpose of this appropriation is to provide grants and other
support services for programs that seek to improve health access and outcomes
in rural and underserved areas of Georgia through the State Office of Rural
Health, the various commissions of the Office of Health Improvement, and the
Office of Health Information Technology and Transparency.
Total Funds
$24,324,541
Federal Funds and Grants
$16,446,551
Medical Assistance Program (CFDA 93.778)
$416,250
Federal Funds Not Specifically Identified
$16,030,301
State Funds
$7,877,990
State General Funds
$7,877,990
17.5. Healthcare Facility Regulation
Purpose: The purpose of this appropriation is to inspect and license long term
care and health care facilities.
Total Funds
$19,698,301
Federal Funds and Grants
$9,227,396
Medical Assistance Program (CFDA 93.778)
$3,322,743
Federal Funds Not Specifically Identified
$5,904,653
Other Funds
$100,000
Agency Funds
$100,000
State Funds
$10,370,905
State General Funds
$10,370,905
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$7,475,244
$16,802,640
Replace federal funds lost as a result of updates to the cost allocation plan.
$2,895,661
$2,895,661
Increase funds for eight additional nurse surveyors effective April 1, 2015. (H:No)
Amount appropriated in this Act
$0 $10,370,905
$0 $19,698,301
17.6. 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
$447,873,920
Federal Funds and Grants
$289,348,698
Medical Assistance Program (CFDA 93.778)
$289,348,698
THURSDAY, JANUARY 29, 2015
211
Other Funds
$144,391,926
Agency Funds
$3,200,000
Indigent Care Trust Fund - Public Hospital Authorities $139,386,524
Other Funds - Not Specifically Identified
$1,805,402
State Funds
$14,133,296
State General Funds
$14,133,296
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$0
$398,662,493
Increase funds in the Ambulance Licensing Fee activity to reflect actual funds available. (H:Increase funds in the Ambulance Licensing Fee activity to reflect actual funds available and utilize funds to pay claims for adult rotary wing emergency transport as directed by HB 744 (2014 Session).)
$0
$1,000,000
Use prior year reserve funds to provide matching funds for all private deemed and non-deemed hospitals eligible for the DSH program.
$0
$5,460,986
Increase funds to provide matching funds for all private deemed and non-deemed hospitals eligible for the Disproportionate Share Hospital (DSH) program.
$14,133,296
$42,750,441
Amount appropriated in this Act
$14,133,296
$447,873,920
17.7. 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
$5,013,512,392
Federal Funds and Grants
$3,141,389,726
Medical Assistance Program (CFDA 93.778)
$3,138,602,512
Federal Funds Not Specifically Identified
$2,787,214
Other Funds
$62,342,988
Agency Funds
$62,342,988
State Funds
$1,542,491,046
Hospital Provider Payment
$28,620,148
Nursing Home Provider Fees
$167,969,114
State General Funds
$1,345,901,784
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 appropriations act (as amended):
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State Funds
Amount from previous Appropriations Act (HB 744) as $1,593,729,697 amended
Increase funds for new Hepatitis C drugs.
$19,708,761
Increase funds to reflect projected FY 2015 Nursing Home Provider Fee revenue.
$212,713
Provide one-time funds for a federal audit settlement.
$1,978,433
Reduce funds for growth in Medicaid based on projected ($80,372,235)
need.
Restore funds for unachievable savings from hospital cost settlements.
$2,583,000
Restore funds for unachievable savings from the implementation of case management.
$4,150,677
Restore funds for unachievable savings from the implementation of the Public Assistance Reporting Information System (PARIS).
$500,000
Utilize enhanced federal participation rate to increase
$0
Medicaid reimbursement rates for personal support
services by 5% in the Independent Care Waiver Program (ICWP).
Amount appropriated in this Act
$1,542,491,046
Total Funds $5,179,925,269
$59,304,000 $638,586
$1,978,433 ($252,977,490)
$7,754,428 $12,460,754
$1,501,051
$2,927,361
$5,013,512,392
17.8. Medicaid: Low-Income Medicaid
Purpose: The purpose of this appropriation is to provide healthcare access
primarily to low-income individuals.
Total Funds
$3,859,933,431
Federal Funds and Grants
$2,509,943,282
Medical Assistance Program (CFDA 93.778)
$2,509,943,282
Other Funds
$12,328,316
Agency Funds
$12,328,316
State Funds
$1,324,244,986
Hospital Provider Payment
$230,953,334
State General Funds
$983,323,395
Tobacco Settlement Funds
$109,968,257
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 appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $1,241,617,401 amended
$3,638,756,114
Increase funds for growth in Medicaid based on projected $65,256,675 need.
$171,811,525
Increase funds to account for increased enrollment caused by the Patient Protection and Affordable Care Act (PPACA) requirement that hospitals be allowed to determine presumptive eligibility for low-income Medicaid eligibility groups.
$2,354,550
$7,068,598
Increase funds to account for the continued
$14,126,603
$42,409,494
THURSDAY, JANUARY 29, 2015
213
implementation of 12-month eligibility reviews as required by PPACA. Provide one-time funds for a federal audit settlement. Reduce funds to reflect projected FY 2015 Hospital Provider Payment revenue. Replace tobacco settlement funds transferred to the Georgia Center for Oncology Research and Education (CORE) in HB 744 (2014 Session) with state funds. Restore funds for unachievable savings from hospital cost settlements. Restore funds for unachievable savings from the implementation of the PARIS system.
Amount appropriated in this Act
$1,390,259 ($2,816,532)
$225,000
$1,764,000 $327,030
$1,324,244,986
$1,390,259 ($8,455,515)
$675,472
$5,295,707 $981,777
$3,859,933,431
17.9. PeachCare
Purpose: The purpose of this appropriation is to provide health insurance
coverage for qualified low-income Georgia children.
Total Funds
$362,191,010
Federal Funds and Grants
$277,034,864
State Children's Insurance Program (CFDA 93.767)
$277,034,864
State Funds
$85,004,363
Hospital Provider Payment
$1,827,220
State General Funds
$83,177,143
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 appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$93,922,150
$400,431,950
Reduce funds for growth in PeachCare based on projected need.
($9,106,757)
($39,051,274)
Restore funds for unachievable savings from hospital cost settlements.
$153,000
$656,089
Restore funds for unachievable savings from the implementation of the PARIS system.
$35,970
$154,245
Amount appropriated in this Act
$85,004,363
$362,191,010
17.10. 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
$3,069,919,096
Intra-State Government Transfers
$3,069,919,096
Health Insurance Payments
$3,069,919,096
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The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$0 $3,151,661,641
Increase funds for members requiring treatment with new Hepatitis C drugs.
$0
$12,000,000
Increase funds for reserves to fund future claims and Other Post-Employment Benefits (OPEB) liabilities.
$0
$187,122,496
Increase funds to account for limits imposed on cost sharing by the PPACA.
$0
$5,946,000
Increase funds to account for the projected increased enrollment due to the individual mandate and autoenrollment of new employees as required by the Patient Protection and Affordable Care Act (PPACA).
$0
$3,675,000
Increase funds to reflect the cost of the bariatric surgery pilot program effective January 1, 2015.
$0
$2,700,000
Reduce funds due to a scheduled reduction in the Transitional Reinsurance Fee imposed by the PPACA.
$0
($1,029,000)
Reduce funds to reflect updated projections for membership, medical services utilization, and medical trend changes.
$0 ($292,157,041)
Submit a study to the Governor and General Assembly
$0
$0
by June 30, 2015 that examines why SHBP's costs are
higher than other comparable government employee
health plans and describe a variety of options for
reducing costs without further diminishing the value of
health benefits received by members. (H:Yes; Submit a
study to the Governor and General Assembly by June 30,
2015 that examines why SHBP's costs are higher than
other comparable government employee health plans and
describe a variety of options for reducing costs without
further diminishing the value of health benefits received
by members. The General Assembly also finds that non-
certificated school employees are an essential part of the
education delivery system and directs that any such
report include an examination of options to provide
health benefits to these workers.)
Amount appropriated in this Act
$0 $3,069,919,096
The following appropriations are for agencies attached for administrative purposes.
17.11. Georgia Board for Physician Workforce: Board Administration
Purpose: The purpose of this appropriation is to provide administrative
support to all agency programs.
Total Funds
$650,776
State Funds
$650,776
State General Funds
$650,776
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
THURSDAY, JANUARY 29, 2015
215
Amount from previous Appropriations Act (HB 744) as amended Eliminate two vacant positions. (H:Eliminate one vacant position.)
Amount appropriated in this Act
State Funds $695,782
($45,006)
$650,776
Total Funds $695,782
($45,006)
$650,776
17.12. 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
$8,905,464
State Funds
$8,905,464
State General Funds
$8,905,464
17.13. 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
$22,769,911
State Funds
$22,769,911
State General Funds
$22,769,911
17.14. 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 and affiliated hospitals 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
$15,933,643
State Funds
$15,933,643
State General Funds
$15,933,643
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$15,933,643
$15,933,643
Reflect a change in the program purpose statement. (H:Yes)
$0
$0
Amount appropriated in this Act
$15,933,643
$15,933,643
17.15. Georgia Board for Physician Workforce: Physicians for Rural Areas Purpose: The purpose of this appropriation is to ensure an adequate supply of
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physicians in rural areas of the state, and to provide a program of aid to
promising medical students.
Total Funds
$1,070,000
State Funds
$1,070,000
State General Funds
$1,070,000
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,070,000
$1,070,000
Realign program activities to provide additional Physician Rural Areas Assistance (PRAA) loan repayment awards. (H:Yes)
$0
$0
Amount appropriated in this Act
$1,070,000
$1,070,000
17.16. 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
$2,087,250
State Funds
$2,087,250
State General Funds
$2,087,250
17.17. Georgia Composite Medical Board
Purpose: The purpose of this appropriation is to license qualified applicants as
physicians, physician's assistants, respiratory care professionals, perfusionists,
acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification
specialists. Also, investigate complaints and discipline those who violate the
Medical Practice Act or other laws governing the professional behavior of the
Board licensees.
Total Funds
$2,502,124
Other Funds
$300,000
Other Funds - Not Specifically Identified
$300,000
State Funds
$2,202,124
State General Funds
$2,202,124
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$2,189,014
$2,289,014
Increase funds for Cosmetic Laser Services Act implementation.
$13,110
$13,110
Increase funds to reflect the collection of administrative fees.
$0
$200,000
Utilize savings from contractual services ($21,890) for
$0
$0
THURSDAY, JANUARY 29, 2015
217
the Cosmetic Laser Services Act implementation. (H:Yes)
Amount appropriated in this Act
$2,202,124
$2,502,124
17.18. 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
$1,911,022
State Funds
$1,911,022
State General Funds
$1,911,022
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,911,022
$1,911,022
Reduce funds for operations. (H:No)
$0
$0
Amount appropriated in this Act
$1,911,022
$1,911,022
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
$1,166,014,861 $470,555 $470,555
$13,581,649 $13,581,649 $1,151,962,657 $1,151,962,657
18.1. 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
$30,000
State Funds
$30,000
State General Funds
$30,000
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$596,724
$596,724
Reduce funds to meet projected expenditures.
($566,724)
($566,724)
Amount appropriated in this Act
$30,000
$30,000
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JOURNAL OF THE HOUSE
18.2. 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
$37,914,667
Federal Funds and Grants
$70,555
Federal Funds Not Specifically Identified
$70,555
State Funds
$37,844,112
State General Funds
$37,844,112
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$37,424,074
$37,494,629
Increase funds for five counselors, five community coordinators, one coordinator supervisor, and one housing coordinator to support the Governor's Office of Transition, Support, and Reentry's "citizen return" program. (H:Increase funds for five counselors, five community coordinators, one coordinator supervisor, and one housing coordinator to support the Governor's Office of Transition, Support, and Reentry and the Georgia Prisoner Reentry Initiative.)
$420,038
$420,038
Amount appropriated in this Act
$37,844,112
$37,914,667
18.3. 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
$30,136,825
Other Funds
$450,000
Other Funds - Not Specifically Identified
$450,000
State Funds
$29,686,825
State General Funds
$29,686,825
18.4. Food and Farm Operations
Purpose: The purpose of this appropriation is to manage timber, raise crops
and livestock, and produce dairy items used in preparing meals for offenders.
Total Funds
$27,845,393
Federal Funds and Grants
$300,000
Federal Funds Not Specifically Identified
$300,000
State Funds
$27,545,393
State General Funds
$27,545,393
THURSDAY, JANUARY 29, 2015
219
18.5. 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
$199,784,208
Other Funds
$390,000
Other Funds - Not Specifically Identified
$390,000
State Funds
$199,394,208
State General Funds
$199,394,208
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $199,992,975 amended
$200,382,975
Reduce funds to reflect contract savings and transfer funds to the Probation Supervision program to meet projected expenditures.
($598,767)
($598,767)
Utilize existing funds to implement electronic health
$0
$0
records. (H:Yes)
Amount appropriated in this Act
$199,394,208
$199,784,208
18.6. 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
$42,521,807
Other Funds
$30,000
Other Funds - Not Specifically Identified
$30,000
State Funds
$42,491,807
State General Funds
$42,491,807
18.7. 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
$133,094,104
State Funds
$133,094,104
State General Funds
$133,094,104
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $134,908,024 amended
$134,908,024
Reduce funds to reflect contract savings and transfer funds to the Probation Supervision program to meet
($1,512,416)
($1,512,416)
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JOURNAL OF THE HOUSE
projected expenditures. Reduce funds to meet projected expenditures. Amount appropriated in this Act
($301,504) $133,094,104
($301,504) $133,094,104
18.8. Probation Supervision
Purpose: The purpose of this appropriation is to supervise probationers in Day
Reporting Centers, the Savannah Impact Program, intensive or specialized
probation, and field supervision, as well as support the Georgia Commission
on Family Violence.
Total Funds
$110,782,660
Other Funds
$17,046
Other Funds - Not Specifically Identified
$17,046
State Funds
$110,765,614
State General Funds
$110,765,614
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $108,210,676 amended
$108,227,722
Transfer funds from the Health ($598,767) and Private Prisons ($1,512,416) programs to meet projected expenditures.
$2,111,183
$2,111,183
Increase funds to implement a GED Preparation Learning Center in Day Reporting Centers.
$326,972
$326,972
Increase funds to provide intensive supervision in Albany, Atlanta, Augusta, Columbus, Macon, and Savannah as part of the Georgia Prison Reentry Initiative.
$116,783
$116,783
Amount appropriated in this Act
$110,765,614
$110,782,660
18.9. 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
$554,726,527
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
$541,931,924
State General Funds
$541,931,924
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
THURSDAY, JANUARY 29, 2015
221
Amount from previous Appropriations Act (HB 744) as amended
Increase funds for six positions and operating expenses to create a GED fast track program. (H:Increase funds for six positions and operating expenses to create a GED fast track program to support the Georgia Prisoner Reentry Initiative.)
Increase funds for two positions and operating expenses to create a charter high school for offenders at two locations. (H:Increase funds for two positions and operating expenses to create a charter high school for offenders at two locations to support the Georgia Prisoner Reentry Initiative.)
Increase funds for vocational programs in state prisons to support the Georgia Prisoner Reentry Initiative.
Increase funds to lengthen the Residential Substance Abuse Treatment program from six months to nine months and to expand to an additional facility. (H:Increase funds to lengthen the Residential Substance Abuse Treatment program from six months to nine months and to expand to an additional facility to support the Georgia Prisoner Reentry Initiative.)
Amount appropriated in this Act
State Funds $538,699,137
$1,240,301
$203,263
$1,036,618 $752,605
$541,931,924
Total Funds $551,493,740
$1,240,301
$203,263
$1,036,618 $752,605
$554,726,527
18.10. 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
$29,178,670
State Funds
$29,178,670
State General Funds
$29,178,670
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$28,972,167
$28,972,167
Increase funds to implement GED Preparation Learning Centers. (H:Increase funds to implement GED Preparation Learning Centers to support the Georgia Prisoner Reentry Initiative. )
$206,503
$206,503
Amount appropriated in this Act
$29,178,670
$29,178,670
Section 19: Defense, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified
$57,146,296 $44,969,886 $44,969,886
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Other Funds Agency Funds Other Funds - Not Specifically Identified
State Funds State General Funds
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
$1,838,852
Federal Funds and Grants
$723,528
Federal Funds Not Specifically Identified
$723,528
State Funds
$1,115,324
State General Funds
$1,115,324
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
$41,363,733
Federal Funds and Grants
$33,673,372
Federal Funds Not Specifically Identified
$33,673,372
Other Funds
$2,675,896
Agency Funds
$1,375,447
Other Funds - Not Specifically Identified
$1,300,449
State Funds
$5,014,465
State General Funds
$5,014,465
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
$13,943,711
Federal Funds and Grants
$10,572,986
Federal Funds Not Specifically Identified
$10,572,986
Other Funds
$3,520
Other Funds - Not Specifically Identified
$3,520
State Funds
$3,367,205
State General Funds
$3,367,205
$2,679,416 $1,375,447 $1,303,969 $9,496,994 $9,496,994
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223
Section 20: Driver Services, Department of Total Funds Other Funds Agency Funds State Funds State General Funds
$65,943,985 $2,844,121 $2,844,121 $63,099,864 $63,099,864
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
$9,866,580
Other Funds
$500,857
Agency Funds
$500,857
State Funds
$9,365,723
State General Funds
$9,365,723
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
$54,676,128
Other Funds
$1,827,835
Agency Funds
$1,827,835
State Funds
$52,848,293
State General Funds
$52,848,293
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$52,788,293
$54,616,128
Increase funds for rent for the Sandy Springs Customer Service Center.
$60,000
$60,000
Amount appropriated in this Act
$52,848,293
$54,676,128
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
$1,401,277
Other Funds
$515,429
Agency Funds
$515,429
224
State Funds State General Funds
JOURNAL OF THE HOUSE
$885,848 $885,848
Section 21: Early Care and Learning, Department of Total Funds Federal Funds and Grants CCDF Mandatory and Matching Funds (CFDA 93.596) Child Care and Development Block Grant (CFDA 93.575) Federal Funds Not Specifically Identified Federal Recovery Funds Federal Recovery Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds Lottery Funds State General Funds
$716,246,215 $336,701,905 $101,618,088 $109,371,417 $125,712,400
$9,664,790 $9,664,790
$86,000 $3,000 $83,000 $369,793,520 $314,300,032 $55,493,488
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
$245,146,508
Federal Funds and Grants
$189,632,020
CCDF Mandatory and Matching Funds (CFDA 93.596)
$101,618,088
Child Care and Development Block Grant (CFDA 93.575)
$88,013,932
Other Funds
$21,000
Agency Funds
$3,000
Other Funds - Not Specifically Identified
$18,000
State Funds
$55,493,488
State General Funds
$55,493,488
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
$125,550,000
Federal Funds and Grants
$125,550,000
Federal Funds Not Specifically Identified
$125,550,000
THURSDAY, JANUARY 29, 2015
225
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
$314,462,432
Federal Funds and Grants
$162,400
Federal Funds Not Specifically Identified
$162,400
State Funds
$314,300,032
Lottery Funds
$314,300,032
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
$31,087,275
Federal Funds and Grants
$21,357,485
Child Care and Development Block Grant (CFDA 93.575)
$21,357,485
Federal Recovery Funds
$9,664,790
Federal Recovery Funds Not Specifically Identified
$9,664,790
Other Funds
$65,000
Other Funds - Not Specifically Identified
$65,000
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
$109,588,568 $74,021,318 $74,021,318 $35,567,250 $33,767,322 $1,799,928
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
$4,290,980
State Funds
$4,290,980
State General Funds
$4,290,980
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as
$4,143,943
$4,143,943
226
JOURNAL OF THE HOUSE
amended Increase funds for one position and operating expenses to support international relations and trade events.
Amount appropriated in this Act
$147,037 $4,290,980
$147,037 $4,290,980
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
$922,534
State Funds
$922,534
State General Funds
$922,534
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
$1,256,113
Federal Funds and Grants
$659,400
Federal Funds Not Specifically Identified
$659,400
State Funds
$596,713
State General Funds
$596,713
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
$10,303,748
State Funds
$10,303,748
State General Funds
$10,303,748
22.5. 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
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227
Federal Funds Not Specifically Identified
$73,361,918
22.6. Innovation and Technology
Purpose: The purpose of this appropriation is to market and promote strategic
industries to existing and potential Georgia businesses by partnering
businesses with the Centers of Innovation, research universities, incubators,
and other companies.
Total Funds
$9,156,665
State Funds
$9,156,665
State General Funds
$7,356,737
Tobacco Settlement Funds
$1,799,928
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$9,251,723
$9,251,723
Reduce tobacco settlement funds for Distinguished Cancer Clinicians and Scientists (DCCS) to fund only existing DCCS obligations.
($95,058)
($95,058)
Amount appropriated in this Act
$9,156,665
$9,156,665
22.7. Small and Minority Business Development
Purpose: The purpose of this appropriation is to assist entrepreneurs and
small and minority businesses by providing technical assistance on planning,
advocacy, business needs, and identifying potential markets and suppliers, and
to provide assistance to local communities in growing small businesses.
Total Funds
$933,140
State Funds
$933,140
State General Funds
$933,140
22.8. Tourism
Purpose: The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state, operate and maintain state welcome centers, fund 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
$9,363,470
State Funds
$9,363,470
State General Funds
$9,363,470
Section 23: Education, Department of Total Funds Federal Funds and Grants
$10,192,997,006 $1,989,757,930
228
JOURNAL OF THE HOUSE
Maternal and Child Health Services Block Grant (CFDA 93.994) Federal Funds Not Specifically Identified Federal Recovery Funds
Federal Recovery Funds Not Specifically Identified Other Funds
Other Funds - Not Specifically Identified State Funds
State General Funds The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,443.99. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
$19,630 $1,989,738,300
$74,624,420 $74,624,420 $45,711,057 $45,711,057 $8,082,903,599 $8,082,903,599
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
$10,253,299
Federal Funds and Grants
$368,273
Federal Funds Not Specifically Identified
$368,273
Other Funds
$1,492,000
Other Funds - Not Specifically Identified
$1,492,000
State Funds
$8,393,026
State General Funds
$8,393,026
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
$29,757,628
Federal Funds and Grants
$134,330
Federal Funds Not Specifically Identified
$134,330
Other Funds
$22,342,940
Other Funds - Not Specifically Identified
$22,342,940
State Funds
$7,280,358
State General Funds
$7,280,358
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
$28,579,267
Federal Funds and Grants
$24,369,593
Federal Funds Not Specifically Identified
$24,369,593
THURSDAY, JANUARY 29, 2015
229
Other Funds Other Funds - Not Specifically Identified
State Funds State General Funds
$243,929 $243,929 $3,965,745 $3,965,745
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
$9,084,907
Federal Funds and Grants
$6,946,595
Federal Funds Not Specifically Identified
$6,946,595
State Funds
$2,138,312
State General Funds
$2,138,312
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
$1,033,100
State Funds
$1,033,100
State General Funds
$1,033,100
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
$7,285,748
Federal Funds and Grants
$3,393,490
Federal Funds Not Specifically Identified
$3,393,490
Other Funds
$430,717
Other Funds - Not Specifically Identified
$430,717
State Funds
$3,461,541
State General Funds
$3,461,541
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
$1,233,382,964
Federal Funds and Grants
$1,159,955,395
Federal Funds Not Specifically Identified
$1,159,955,395
Federal Recovery Funds
$73,387,612
230
JOURNAL OF THE HOUSE
Federal Recovery Funds Not Specifically Identified Other Funds
Other Funds - Not Specifically Identified
$73,387,612 $39,957 $39,957
23.8. Georgia Network for Educational and Therapeutic Support (GNETS)
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
$70,241,479
Federal Funds and Grants
$8,160,000
Federal Funds Not Specifically Identified
$8,160,000
State Funds
$62,081,479
State General Funds
$62,081,479
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
$8,767,527
Other Funds
$5,600,037
Other Funds - Not Specifically Identified
$5,600,037
State Funds
$3,167,490
State General Funds
$3,167,490
23.10. Information Technology Services
Purpose: The purpose of this appropriation is to manage enterprise technology
for the department, provide internet access to local school systems, support
data collection and reporting needs, and support technology programs that
assist local school systems.
Total Funds
$25,037,199
Federal Funds and Grants
$1,371,954
Federal Funds Not Specifically Identified
$1,371,954
Other Funds
$7,204,762
Other Funds - Not Specifically Identified
$7,204,762
State Funds
$16,460,483
State General Funds
$16,460,483
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$17,213,029
$25,789,745
Reduce funds for personal services and infrastructure
($752,546)
($752,546)
THURSDAY, JANUARY 29, 2015
231
upgrades and transfer savings to the Technology/Career Education program for vocational industry certification.
Amount appropriated in this Act
$16,460,483
$25,037,199
23.11. 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
$10,900,885
State Funds
$10,900,885
State General Funds
$10,900,885
23.12. 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
$737,154,385
Federal Funds and Grants
$714,191,428
Federal Funds Not Specifically Identified
$714,191,428
Other Funds
$108,824
Other Funds - Not Specifically Identified
$108,824
State Funds
$22,854,133
State General Funds
$22,854,133
23.13. 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
$30,051,758
State Funds
$30,051,758
State General Funds
$30,051,758
23.14. 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
$486,863,670
State Funds
$486,863,670
State General Funds
$486,863,670
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $479,385,097 amended
$479,385,097
232
JOURNAL OF THE HOUSE
Provide funds to school systems to avoid a funding shortfall in FY 2016 and ensure compliance with O.C.G.A. 20-2-165.
Amount appropriated in this Act
$7,478,573
$7,478,573
$486,863,670
$486,863,670
23.15. 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
($1,673,940,124)
State Funds
($1,673,940,124)
State General Funds
($1,673,940,124)
23.16. 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
$9,002,737,913
State Funds
$9,002,737,913
State General Funds
$9,002,737,913
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $8,874,196,642 amended
$8,874,196,642
Increase funds for the midterm adjustment ($126,085,516), charter system grants ($2,394,461), State Commission Charter Schools supplement ($7,371,346) and adjust funds for Move On When Ready ($35,648), and Special Needs Scholarship ($1,768,546). (H:Increase funds for the midterm adjustment ($126,196,362), charter system grants ($2,394,829), State Commission Charter Schools supplement ($7,375,601) and adjust funds for Move On When Ready ($60,875), and Special Needs Scholarship ($7,364,646).)
$128,541,271
$128,541,271
Amount appropriated in this Act
$9,002,737,913 $9,002,737,913
23.17. 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
$9,941,168
State Funds
$9,941,168
State General Funds
$9,941,168
THURSDAY, JANUARY 29, 2015
233
23.18. 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
$15,321,448
Federal Funds and Grants
$7,990,493
Federal Funds Not Specifically Identified
$7,990,493
Federal Recovery Funds
$1,236,808
Federal Recovery Funds Not Specifically Identified
$1,236,808
State Funds
$6,094,147
State General Funds
$6,094,147
23.19. 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
$2,511,278
Other Funds
$2,511,278
Other Funds - Not Specifically Identified
$2,511,278
23.20. 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
$30,945,063
Federal Funds and Grants
$22,847,100
Federal Funds Not Specifically Identified
$22,847,100
State Funds
$8,097,963
State General Funds
$8,097,963
23.21. 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
$27,636,450
Federal Funds and Grants
$863,480
Maternal and Child Health Services Block Grant (CFDA
93.994)
$19,630
234
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Federal Funds Not Specifically Identified Other Funds
Other Funds - Not Specifically Identified State Funds
State General Funds
$843,850 $957,589 $957,589 $25,815,381 $25,815,381
23.22. 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
$41,591,828
Federal Funds and Grants
$19,947,771
Federal Funds Not Specifically Identified
$19,947,771
Other Funds
$4,779,024
Other Funds - Not Specifically Identified
$4,779,024
State Funds
$16,865,033
State General Funds
$16,865,033
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$16,112,487
$40,839,282
Transfer funds from the Information Technology Services program for vocational industry certification.
$752,546
$752,546
Amount appropriated in this Act
$16,865,033
$41,591,828
23.23. 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
$46,306,220
Federal Funds and Grants
$19,218,028
Federal Funds Not Specifically Identified
$19,218,028
State Funds
$27,088,192
State General Funds
$27,088,192
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$24,686,112
$43,904,140
Increase funds for the Georgia Milestones assessment.
$2,402,080
$2,402,080
Amount appropriated in this Act
$27,088,192
$46,306,220
23.24. Tuition for Multi-handicapped Purpose: The purpose of this appropriation is to partially reimburse school
THURSDAY, JANUARY 29, 2015
235
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 It is the intent of the General Assembly that the employer contribution rate for the Employees' Retirement System shall not exceed 21.96% for New Plan employees and 17.21% for Old Plan employees. For the GSEPS employees, the employer contribution rate shall not exceed 18.87% 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 $736.31 per member for State Fiscal Year 2015.
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
$4,067,135
Other Funds
$4,067,135
Agency Funds
$4,067,135
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
$1,893,369
State Funds
$1,893,369
State General Funds
$1,893,369
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.
$54,160,574 $4,067,135 $4,067,135 $30,369,769 $30,369,769 $19,723,670 $19,723,670
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Total Funds State Funds
State General Funds
$28,461,000 $28,461,000 $28,461,000
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
$19,739,070
State Funds
$15,400
State General Funds
$15,400
Intra-State Government Transfers
$19,723,670
Retirement Payments
$19,723,670
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
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
$3,526,653
Federal Funds and Grants
$48,800
Federal Funds Not Specifically Identified
$48,800
Other Funds
$76,288
Other Funds - Not Specifically Identified
$76,288
State Funds
$3,401,565
State General Funds
$3,401,565
25.2. Forest Management Purpose: The purpose of this appropriation is to ensure the stewardship of
$45,987,096 $5,982,769 $5,982,769 $6,995,695
$428,645 $6,567,050 $32,958,632 $32,958,632
$50,000 $50,000
THURSDAY, JANUARY 29, 2015
237
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
$7,124,776
Federal Funds and Grants
$3,553,571
Federal Funds Not Specifically Identified
$3,553,571
Other Funds
$1,089,732
Agency Funds
$428,645
Other Funds - Not Specifically Identified
$661,087
State Funds
$2,431,473
State General Funds
$2,431,473
Intra-State Government Transfers
$50,000
Other Intra-State Government Payments
$50,000
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
$34,128,587
Federal Funds and Grants
$2,246,681
Federal Funds Not Specifically Identified
$2,246,681
Other Funds
$4,756,312
Other Funds - Not Specifically Identified
$4,756,312
State Funds
$27,125,594
State General Funds
$27,125,594
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.
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Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified Other Funds
Other Funds - Not Specifically Identified
$1,207,080 $133,717 $133,717
$1,073,363 $1,073,363
Section 26: Governor, Office of the Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds
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.
$81,259,373 $30,183,850 $30,183,850 $1,576,045 $1,576,045 $49,499,478 $49,499,478
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
$7,062,041
State Funds
$7,062,041
State General Funds
$7,062,041
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$11,062,041
$11,062,041
Transfer funds to the Georgia Public Defender Standards ($4,000,000) Council for contracts for conflict cases.
($4,000,000)
Amount appropriated in this Act
$7,062,041
$7,062,041
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.
THURSDAY, JANUARY 29, 2015
239
Total Funds Other Funds
Other Funds - Not Specifically Identified State Funds
State General Funds
$6,172,026 $100,000 $100,000
$6,072,026 $6,072,026
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
$9,103,713
State Funds
$9,103,713
State General Funds
$9,103,713
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$8,353,713
$8,353,713
Provide funds to support the Education Reform Task Force.
$750,000
$750,000
Amount appropriated in this Act
$9,103,713
$9,103,713
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
$893,266
Federal Funds and Grants
$5,000
Federal Funds Not Specifically Identified
$5,000
State Funds
$888,266
State General Funds
$888,266
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
$1,493,383
Federal Funds and Grants
$63,738
Federal Funds Not Specifically Identified
$63,738
State Funds
$1,429,645
State General Funds
$1,429,645
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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
$32,729,537
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
$2,218,499
State General Funds
$2,218,499
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$2,140,510
$32,651,548
Increase funds for personal services to reflect projected expenditures.
$77,989
$77,989
Amount appropriated in this Act
$2,218,499
$32,729,537
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
$670,414
State Funds
$670,414
State General Funds
$670,414
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
$6,686,770
Federal Funds and Grants
$411,930
Federal Funds Not Specifically Identified
$411,930
Other Funds
$500
Other Funds - Not Specifically Identified
$500
State Funds
$6,274,340
State General Funds
$6,274,340
THURSDAY, JANUARY 29, 2015
241
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
$5,296,211
Other Funds
$667,689
Other Funds - Not Specifically Identified
$667,689
State Funds
$4,628,522
State General Funds
$4,628,522
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$4,675,275
$5,342,964
Reduce funds for personal services to reflect projected expenditures.
($46,753)
($46,753)
Amount appropriated in this Act
$4,628,522
$5,296,211
26.10. 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
$652,762
State Funds
$652,762
State General Funds
$652,762
26.11. Student Achievement, Governor's 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
$10,499,250
State Funds
$10,499,250
State General Funds
$10,499,250
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
Amount from previous Appropriations Act (HB 744) as amended Increase funds for the Governor's Honors Program to meet the projected need. Provide one-time funds for competitive grants to local
State Funds $10,128,986
$370,264
$0
Total Funds $10,128,986
$370,264
$0
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JOURNAL OF THE HOUSE
school systems for technology infrastructure upgrades to meet the projected need. (H:No)
Amount appropriated in this Act
$10,499,250
$10,499,250
Section 27: Human Services, Department of
Total Funds
$1,715,034,224
Federal Funds and Grants
$1,124,647,241
CCDF Mandatory and Matching Funds (CFDA 93.596)
$1,188,578
Child Care and Development Block Grant (CFDA 93.575)
$209,161
Community Service Block Grant (CFDA 93.569)
$16,526,699
Foster Care Title IV-E (CFDA 93.658)
$82,994,729
Low-Income Home Energy Assistance (CFDA 93.568)
$55,866,874
Medical Assistance Program (CFDA 93.778)
$79,458,085
Social Services Block Grant (CFDA 93.667)
$52,778,456
TANF Transfers to Social Services Block Grant (CFDA 93.558)
$5,250,000
Temporary Assistance for Needy Families Block Grant (CFDA 93.558)
$363,947,981
Federal Funds Not Specifically Identified
$466,426,678
Other Funds
$48,698,479
Agency Funds
$2,841,500
Other Funds - Not Specifically Identified
$45,856,979
State Funds
$540,506,523
State General Funds
$534,314,717
Tobacco Settlement Funds
$6,191,806
Intra-State Government Transfers
$1,181,981
Other Intra-State Government Payments
$1,181,981
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.
THURSDAY, JANUARY 29, 2015
243
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
$90,299,936
Federal Funds and Grants
$56,178,865
Temporary Assistance for Needy Families Block Grant $16,400,000
(CFDA 93.558)
Federal Funds Not Specifically Identified
$39,778,865
Other Funds
$46,500
Other Funds - Not Specifically Identified
$46,500
State Funds
$34,074,571
State General Funds
$34,074,571
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
$15,500,000
Federal Funds and Grants
$15,500,000
Temporary Assistance for Needy Families Block Grant $15,500,000
(CFDA 93.558)
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
$2,208,613
Federal Funds and Grants
$619,263
Foster Care Title IV-E (CFDA 93.658)
$619,263
State Funds
$1,589,350
State General Funds
$1,589,350
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JOURNAL OF THE HOUSE
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
$9,777,346
Federal Funds and Grants
$9,777,346
Federal Funds Not Specifically Identified
$9,777,346
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
$107,966,861
Federal Funds and Grants
$76,405,754
Social Services Block Grant (CFDA 93.667)
$120,000
Federal Funds Not Specifically Identified
$76,285,754
Other Funds
$2,841,500
Agency Funds
$2,841,500
State Funds
$28,323,847
State General Funds
$28,323,847
Intra-State Government Transfers
$395,760
Other Intra-State Government Payments
$395,760
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
$276,145,120
Federal Funds and Grants
$157,428,913
CCDF Mandatory and Matching Funds (CFDA 93.596)
$223,333
Foster Care Title IV-E (CFDA 93.658)
$29,468,823
Medical Assistance Program (CFDA 93.778)
$154,157
Social Services Block Grant (CFDA 93.667)
$2,846,970
TANF Transfers to Social Services Block Grant (CFDA
93.558)
$5,250,000
Temporary Assistance for Needy Families Block Grant $91,542,499
(CFDA 93.558)
Federal Funds Not Specifically Identified
$27,943,131
State Funds
$118,603,718
State General Funds
$118,603,718
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 appropriations act (as amended):
THURSDAY, JANUARY 29, 2015
245
Amount from previous Appropriations Act (HB 744) as amended
Provide funds for 103 additional child protective services caseworkers. Provide funds for the Court Appointed Special Advocates (CASA) program to address an increase in the cost of providing criminal background investigations.
Amount appropriated in this Act
State Funds $113,614,101
$4,977,117 $12,500
$118,603,718
Total Funds $269,911,224
$6,221,396 $12,500
$276,145,120
27.7. Child Welfare Services - Special Project
Purpose: The purpose of this appropriation is to promote child abuse and
neglect prevention programs and support child victims of abuse.
Total Funds
$9,101,010
Federal Funds and Grants
$7,919,064
Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
$3,072,670
Federal Funds Not Specifically Identified
$4,846,394
State Funds
$1,181,946
State General Funds
$1,181,946
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
$16,110,137
Federal Funds and Grants
$16,110,137
Community Service Block Grant (CFDA 93.569)
$16,110,137
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
$100,119,496
Federal Funds and Grants
$51,913,384
CCDF Mandatory and Matching Funds (CFDA 93.596)
$965,245
Child Care and Development Block Grant (CFDA 93.575)
$209,161
Community Service Block Grant (CFDA 93.569)
$243,158
Foster Care Title IV-E (CFDA 93.658)
$3,870,198
Low-Income Home Energy Assistance (CFDA 93.568)
$258,779
Medical Assistance Program (CFDA 93.778)
$3,726,454
Social Services Block Grant (CFDA 93.667)
$2,539,375
Temporary Assistance for Needy Families Block Grant $12,265,599
(CFDA 93.558)
Federal Funds Not Specifically Identified
$27,835,415
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Other Funds
$12,587,223
Other Funds - Not Specifically Identified
$12,587,223
State Funds
$34,945,157
State General Funds
$34,945,157
Intra-State Government Transfers
$673,732
Other Intra-State Government Payments
$673,732
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$34,484,962
$99,659,301
Replace the loss of federal funds resulting from changes to the statewide cost allocation methodology for payments for state administrative hearings effective October 1, 2014.
$460,195
$460,195
Amount appropriated in this Act
$34,945,157
$100,119,496
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
$19,073,179
Federal Funds and Grants
$3,573,433
Medical Assistance Program (CFDA 93.778)
$500,000
Social Services Block Grant (CFDA 93.667)
$2,279,539
Federal Funds Not Specifically Identified
$793,894
State Funds
$15,499,746
State General Funds
$15,499,746
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
$111,702,144
Federal Funds and Grants
$41,416,802
Medical Assistance Program (CFDA 93.778)
$13,765,259
Social Services Block Grant (CFDA 93.667)
$3,761,430
Federal Funds Not Specifically Identified
$23,890,113
State Funds
$70,285,342
State General Funds
$64,093,536
Tobacco Settlement Funds
$6,191,806
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$70,285,342
$111,702,144
THURSDAY, JANUARY 29, 2015
247
Reduce administrative costs in contracts with Area Agencies on Aging and utilize savings to provide additional services to consumers. (H:Yes)
Amount appropriated in this Act
$0
$0
$70,285,342
$111,702,144
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
$10,231,775
Federal Funds and Grants
$6,616,268
Social Services Block Grant (CFDA 93.667)
$750,000
Federal Funds Not Specifically Identified
$5,866,268
State Funds
$3,615,507
State General Funds
$3,615,507
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
$55,320,027
Federal Funds and Grants
$55,320,027
Low-Income Home Energy Assistance (CFDA 93.568)
$55,320,027
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
$11,802,450
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
$283,971,145
Federal Funds and Grants
$177,263,164
Community Service Block Grant (CFDA 93.569)
$173,404
Foster Care Title IV-E (CFDA 93.658)
$4,168,845
Low-Income Home Energy Assistance (CFDA 93.568)
$288,068
Medical Assistance Program (CFDA 93.778)
$60,139,396
Temporary Assistance for Needy Families Block Grant $23,213,738
(CFDA 93.558)
Federal Funds Not Specifically Identified
$89,279,713
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State Funds State General Funds
$106,707,981 $106,707,981
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
$63,974,072
Federal Funds and Grants
$63,974,072
Social Services Block Grant (CFDA 93.667)
$40,481,142
Temporary Assistance for Needy Families Block Grant $23,492,930
(CFDA 93.558)
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
$238,809,415
Federal Funds and Grants
$156,716,151
Foster Care Title IV-E (CFDA 93.658)
$44,867,600
Temporary Assistance for Needy Families Block Grant $111,683,732
(CFDA 93.558)
Federal Funds Not Specifically Identified
$164,819
State Funds
$82,093,264
State General Funds
$82,093,264
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$72,281,117
$210,133,464
Increase funds for growth in Out-of-Home Care utilization.
$9,812,147
$28,675,951
Amount appropriated in this Act
$82,093,264
$238,809,415
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
$9,303,613
Federal Funds and Grants
$9,303,613
Federal Funds Not Specifically Identified
$9,303,613
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.
THURSDAY, JANUARY 29, 2015
249
Total Funds Federal Funds and Grants
Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
State Funds State General Funds
$48,406,610 $48,306,610
$48,306,610
$100,000 $100,000
27.20. Support for Needy Families - Work Assistance
Purpose: The purpose of this appropriation is to assist needy Georgian
families in achieving self-sufficiency by obtaining and keeping employment as
well as complying with Georgia's state plan for the federal Temporary
Assistance for Needy Families program.
Total Funds
$18,547,617
Federal Funds and Grants
$18,547,617
Temporary Assistance for Needy Families Block Grant $18,470,203
(CFDA 93.558)
Federal Funds Not Specifically Identified
$77,414
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
$227,322
State Funds
$227,322
State General Funds
$227,322
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 (CFDA 93.778)
$1,172,819
State Funds
$8,505,148
State General Funds
$8,505,148
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.
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Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified Other Funds
Other Funds - Not Specifically Identified State Funds
State General Funds
$3,233,190 $2,919,976 $2,919,976
$36,000 $36,000 $277,214 $277,214
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
$7,881,065
Federal Funds and Grants
$6,526,132
Federal Funds Not Specifically Identified
$6,526,132
State Funds
$1,354,933
State General Funds
$1,354,933
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,426,742
$7,952,874
Reduce funds to realize savings in contractual services and transfer funds to the Vocational Rehabilitation program to provide additional services to consumers.
($71,809)
($71,809)
Amount appropriated in this Act
$1,354,933
$7,881,065
27.25. Georgia Vocational Rehabilitation Agency: Disability Adjudication
Services
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
$70,333,617
Federal Funds and Grants
$70,333,617
Federal Funds Not Specifically Identified
$70,333,617
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
$9,507,334
Other Funds
$9,507,334
Other Funds - Not Specifically Identified
$9,507,334
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251
27.27. 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
$93,842,941
Federal Funds and Grants
$70,804,214
Federal Funds Not Specifically Identified
$70,804,214
Other Funds
$5,160,000
Other Funds - Not Specifically Identified
$5,160,000
State Funds
$17,878,727
State General Funds
$17,878,727
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$17,806,918
$93,771,132
Transfer funds from the Departmental Administration program to provide additional services to consumers.
$71,809
$71,809
Amount appropriated in this Act
$17,878,727
$93,842,941
27.28. Georgia Vocational Rehabilitation Agency: Roosevelt Warm Springs
Medical Hospital
Purpose: The purpose of this appropriation is to provide rehabilitative and
medical care for individuals to return to the most independent lifestyle
possible.
Total Funds
$21,960,222
Other Funds
$18,519,922
Other Funds - Not Specifically Identified
$18,519,922
State Funds
$3,440,300
State General Funds
$3,440,300
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$2,069,043
$20,588,965
Increase funds to reflect a decrease in federal supplemental payments.
$1,371,257
$1,371,257
Amount appropriated in this Act
$3,440,300
$21,960,222
Section 28: Insurance, Office of the Commission of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds
$20,905,173 $1,349,174 $1,349,174
$339,026
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Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds
$334,026 $5,000
$19,216,973 $19,216,973
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
$1,812,192
State Funds
$1,812,192
State General Funds
$1,812,192
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
$774,303
State Funds
$774,303
State General Funds
$774,303
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
$8,149,285
Federal Funds and Grants
$1,342,698
Federal Funds Not Specifically Identified
$1,342,698
Other Funds
$339,026
Agency Funds
$334,026
Other Funds - Not Specifically Identified
$5,000
State Funds
$6,467,561
State General Funds
$6,467,561
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$7,089,780
$8,149,285
Replace state funds used for manufactured housing
($622,219)
$0
inspections and regulatory activities with available prior
year federal funds.
THURSDAY, JANUARY 29, 2015
253
Amount appropriated in this Act
$6,467,561
$8,149,285
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
$670,948
State Funds
$670,948
State General Funds
$670,948
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
$5,277,604
State Funds
$5,277,604
State General Funds
$5,277,604
28.6. Special Fraud
Purpose: The purpose of this appropriation is to identify and take appropriate
action to deter insurance fraud.
Total Funds
$4,220,841
Federal Funds and Grants
$6,476
Federal Funds Not Specifically Identified
$6,476
State Funds
$4,214,365
State General Funds
$4,214,365
Section 29: Investigation, Georgia Bureau of Total Funds Federal Funds and Grants Temporary Assistance for Needy Families Block Grant (CFDA 93.558) Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds
29.1. Bureau Administration Purpose: The purpose of this appropriation is to provide the highest quality
$153,615,262 $30,583,872 $991,680 $29,592,192 $23,088,236 $23,088,236 $99,943,154 $99,943,154
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investigative, scientific, information services, and resources for the purpose of maintaining law and order and protecting life and property.
Total Funds
$7,696,537
Federal Funds and Grants
$12,600
Federal Funds Not Specifically Identified
$12,600
State Funds
$7,683,937
State General Funds
$7,683,937
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
$10,653,762
Federal Funds and Grants
$123,685
Federal Funds Not Specifically Identified
$123,685
Other Funds
$6,308,894
Other Funds - Not Specifically Identified
$6,308,894
State Funds
$4,221,183
State General Funds
$4,221,183
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
$31,983,863
Federal Funds and Grants
$66,131
Federal Funds Not Specifically Identified
$66,131
Other Funds
$157,865
Other Funds - Not Specifically Identified
$157,865
State Funds
$31,759,867
State General Funds
$31,759,867
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
THURSDAY, JANUARY 29, 2015
255
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
$34,884,760
Federal Funds and Grants
$1,157,065
Federal Funds Not Specifically Identified
$1,157,065
Other Funds
$71,199
Other Funds - Not Specifically Identified
$71,199
State Funds
$33,656,496
State General Funds
$33,656,496
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
$68,396,340
Federal Funds and Grants
$29,224,391
Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
$991,680
Federal Funds Not Specifically Identified
$28,232,711
Other Funds
$16,550,278
Other Funds - Not Specifically Identified
$16,550,278
State Funds
$22,621,671
State General Funds
$22,621,671
Section 30: Juvenile Justice, Department of Total Funds Federal Funds and Grants Foster Care Title IV-E (CFDA 93.658) Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds
$310,332,253 $5,981,599 $1,531,226 $4,450,373 $432,243 $432,243
$303,918,411 $303,918,411
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
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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
$86,903,517
Federal Funds and Grants
$1,373,480
Foster Care Title IV-E (CFDA 93.658)
$1,373,480
Other Funds
$351,158
Other Funds - Not Specifically Identified
$351,158
State Funds
$85,178,879
State General Funds
$85,178,879
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$83,678,879
$85,403,517
Transfer funds from the Secure Detention (RYDCs) program for Juvenile Justice Reform initiatives.
$1,500,000
$1,500,000
Amount appropriated in this Act
$85,178,879
$86,903,517
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
$24,257,017
Federal Funds and Grants
$1,004,957
Foster Care Title IV-E (CFDA 93.658)
$157,746
Federal Funds Not Specifically Identified
$847,211
Other Funds
$15,299
Other Funds - Not Specifically Identified
$15,299
State Funds
$23,236,761
State General Funds
$23,236,761
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, or convicted of an offense under Senate Bill 440.
Total Funds
$89,856,429
THURSDAY, JANUARY 29, 2015
257
Federal Funds and Grants
$2,035,102
Federal Funds Not Specifically Identified
$2,035,102
Other Funds
$23,589
Other Funds - Not Specifically Identified
$23,589
State Funds
$87,797,738
State General Funds
$87,797,738
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$90,797,738
$92,856,429
Reduce funds for personal services to reflect projected expenditures.
($3,000,000)
($3,000,000)
Amount appropriated in this Act
$87,797,738
$89,856,429
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, or sentenced to the Short Term Program.
Total Funds
$109,315,290
Federal Funds and Grants
$1,568,060
Federal Funds Not Specifically Identified
$1,568,060
Other Funds
$42,197
Other Funds - Not Specifically Identified
$42,197
State Funds
$107,705,033
State General Funds
$107,705,033
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $109,205,033 amended
$110,815,290
Transfer funds to the Community Services program for Juvenile Justice Reform initiatives.
($1,500,000)
($1,500,000)
Amount appropriated in this Act
$107,705,033
$109,315,290
Section 31: Labor, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified
$136,826,607 $122,923,864 $122,923,864
$1,069,666 $1,069,666
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JOURNAL OF THE HOUSE
State Funds State General Funds
Intra-State Government Transfers Other Intra-State Government Payments
$12,692,804 $12,692,804
$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
$33,053,000
Federal Funds and Grants
$31,312,292
Federal Funds Not Specifically Identified
$31,312,292
State Funds
$1,600,435
State General Funds
$1,600,435
Intra-State Government Transfers
$140,273
Other Intra-State Government Payments
$140,273
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
$38,762,747
Federal Funds and Grants
$34,599,186
Federal Funds Not Specifically Identified
$34,599,186
State Funds
$4,163,561
State General Funds
$4,163,561
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$4,365,000
$38,964,186
Transfer funds to the Workforce Solutions program to align budget with activities associated with the regulation
($201,439)
($201,439)
of youth employment.
Amount appropriated in this Act
$4,163,561
$38,762,747
THURSDAY, JANUARY 29, 2015
259
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
$62,760,987
Federal Funds and Grants
$54,762,513
Federal Funds Not Specifically Identified
$54,762,513
Other Funds
$1,069,666
Other Funds - Not Specifically Identified
$1,069,666
State Funds
$6,928,808
State General Funds
$6,928,808
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$6,727,369
$62,559,548
Transfer funds from the Unemployment Insurance program to align budget with activities associated with the regulation of youth employment.
$201,439
$201,439
Amount appropriated in this Act
$6,928,808
$62,760,987
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
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
$56,545,540
Other Funds
$36,587,014
Other Funds - Not Specifically Identified
$36,587,014
State Funds
$19,958,526
State General Funds
$19,958,526
$61,429,477 $3,597,990 $3,597,990 $36,589,125 $36,589,125 $21,242,362 $21,242,362
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JOURNAL OF THE HOUSE
32.2. Medicaid Fraud Control Unit
Purpose: The purpose of this appropriation is to serve as the center for the
identification, arrest, and prosecution of providers of health services and
patients who defraud the Medicaid Program.
Total Funds
$4,883,937
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
$1,283,836
State General Funds
$1,283,836
Section 33: Natural Resources, Department of
Total Funds
Federal Funds and Grants
Federal Highway Administration Highway Planning and Construction
(CFDA 20.205)
Federal Funds Not Specifically Identified Federal Recovery Funds
Federal Recovery Funds Not Specifically Identified Other Funds
Agency Funds Other Funds - Not Specifically Identified State Funds
State General Funds 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.
$244,564,475 $46,264,058
$11,607
$46,252,451 $246,480 $246,480
$96,262,484 $23,957,835 $72,304,649 $101,791,453 $101,791,453
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.
THURSDAY, JANUARY 29, 2015
261
Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified Other Funds
Other Funds - Not Specifically Identified State Funds
State General Funds
$7,263,457 $5,054,621 $5,054,621
$107,925 $107,925 $2,100,911 $2,100,911
33.2. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support for all programs of the department.
Total Funds
$11,797,867
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
$11,648,802
State General Funds
$11,648,802
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
$110,254,938
Federal Funds and Grants
$24,664,297
Federal Funds Not Specifically Identified
$24,664,297
Federal Recovery Funds
$246,480
Federal Recovery Funds Not Specifically Identified
$246,480
Other Funds
$55,793,855
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JOURNAL OF THE HOUSE
Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds
$23,957,835 $31,836,020 $29,550,306 $29,550,306
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
$4,027,423
State Funds
$4,027,423
State General Funds
$4,027,423
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
$2,624,665
Federal Funds and Grants
$1,020,787
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$11,607
Federal Funds Not Specifically Identified
$1,009,180
State Funds
$1,603,878
State General Funds
$1,603,878
33.6. Law Enforcement
Purpose: The purpose of this appropriation is to enforce all state and federal laws and departmental regulations relative to protecting Georgia's wildlife, natural, archeological, and cultural resources, DNR properties, boating safety, and litter and waste laws; to teach hunter and boater education classes; and to assist other law enforcement agencies upon request in providing public safety for the citizens and visitors of Georgia.
Total Funds
$19,903,239
Federal Funds and Grants
$2,248,458
Federal Funds Not Specifically Identified
$2,248,458
Other Funds
$3,657
Other Funds - Not Specifically Identified
$3,657
THURSDAY, JANUARY 29, 2015
263
State Funds
$17,651,124
State General Funds
$17,651,124
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$17,490,026
$19,742,141
Transfer funds, four filled positions, and four vacant positions from the Parks, Recreation and Historic Sites
$161,098
$161,098
program to continue the consolidation of law
enforcement activities.
Amount appropriated in this Act
$17,651,124
$19,903,239
33.7. 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
$47,873,039
Federal Funds and Grants
$1,704,029
Federal Funds Not Specifically Identified
$1,704,029
Other Funds
$31,619,991
Other Funds - Not Specifically Identified
$31,619,991
State Funds
$14,549,019
State General Funds
$14,549,019
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$14,710,117
$48,034,137
Transfer funds, four filled positions, and four vacant positions to the Law Enforcement program to continue the consolidation of law enforcement activities.
($161,098)
($161,098)
Amount appropriated in this Act
$14,549,019
$47,873,039
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
$2,720,775
State Funds
$2,720,775
State General Funds
$2,720,775
33.9. Wildlife Resources Purpose: The purpose of this appropriation is to regulate hunting, fishing, and
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the operation of watercraft in Georgia; to provide hunter and boating
education; to protect non-game and endangered wildlife; to promulgate
statewide hunting, fishing, trapping, and coastal commercial fishing
regulations; to operate the state's archery and shooting ranges; to license
hunters and anglers; and to register boats.
Total Funds
$38,099,072
Federal Funds and Grants
$11,461,866
Federal Funds Not Specifically Identified
$11,461,866
Other Funds
$8,697,991
Other Funds - Not Specifically Identified
$8,697,991
State Funds
$17,939,215
State General Funds
$17,939,215
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$17,164,685
$37,324,542
Increase funds for the Wildlife Endowment Fund based on actual lifetime sportman's license revenues in FY 2014 and for prior years.
$774,530
$774,530
Amount appropriated in this Act
$17,939,215
$38,099,072
Section 34: Pardons and Paroles, State Board of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds
34.1. Board Administration
Purpose: The purpose of this appropriation is to provide administrative
support for the agency.
Total Funds
$5,085,089
State Funds
$5,085,089
State General Funds
$5,085,089
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
$12,179,555
$55,128,842 $806,050 $806,050
$54,322,792 $54,322,792
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265
State Funds State General Funds
$12,179,555 $12,179,555
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
$37,391,702
Federal Funds and Grants
$806,050
Federal Funds Not Specifically Identified
$806,050
State Funds
$36,585,652
State General Funds
$36,585,652
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$36,434,405
$37,240,455
Increase funds for one reentry housing coordinator position.
$34,464
$34,464
Increase funds to provide intensive supervision at six targeted pilot sites as part of the Georgia Prisoner Reentry Initiative.
$116,783
$116,783
Amount appropriated in this Act
$36,585,652
$37,391,702
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
$472,496
State Funds
$472,496
State General Funds
$472,496
Section 35: Properties Commission, State Total Funds Other Funds Other Funds - Not Specifically Identified Prior Year Funds - Other
35.1. State Properties Commission Purpose: The purpose of this appropriation is to maintain long-term plans for
$1,750,000 $1,750,000 $1,699,337
$50,663
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state buildings and land; to compile an accessible database of state-owned and leased real property with information about utilization, demand management, and space standards; and to negotiate better rates in the leasing market and property acquisitions and dispositions.
Total Funds
$1,750,000
Other Funds
$1,750,000
Other Funds - Not Specifically Identified
$1,699,337
Prior Year Funds - Other
$50,663
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 appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as
$0
$0
amended
Reduce the payment to the Office of the State Treasurer
$0
$0
from $845,934 to $595,934 to provide additional trooper
support for Capitol Police. (H:Yes)
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
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
$7,564,421
Other Funds
$340,000
Other Funds - Not Specifically Identified
$340,000
State Funds
$7,224,421
State General Funds
$7,224,421
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
$47,297,226 $340,000 $340,000
$46,957,226 $46,957,226
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267
Amount from previous Appropriations Act (HB 744) as amended Increase funds for contracts for capital conflict cases. Provide one-time funds for the replacement of aging computer equipment no longer supported by Microsoft.
Amount appropriated in this Act
State Funds $6,564,859
$375,000 $284,562
$7,224,421
Total Funds $6,904,859
$375,000 $284,562
$7,564,421
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
$39,732,805
State Funds
$39,732,805
State General Funds
$39,732,805
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$36,107,805
$36,107,805
Increase funds for contracts for conflict cases.
$3,625,000
$3,625,000
Amount appropriated in this Act
$39,732,805
$39,732,805
Section 37: Public Health, Department of Total Funds Federal Funds and Grants Maternal and Child Health Services Block Grant (CFDA 93.994) Preventive Health and Health Services Block Grant (CFDA 93.991) Temporary Assistance for Needy Families Block Grant (CFDA 93.558) 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
$639,296,826 $396,102,084
$16,514,606 $2,403,579 $10,404,529 $366,779,370 $10,281,967
$644,830 $9,637,137 $232,912,775 $1,784,064 $217,410,851 $13,717,860
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
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prevention, and family planning services.
Total Funds
$31,407,129
Federal Funds and Grants
$19,467,781
Maternal and Child Health Services Block Grant (CFDA
93.994)
$516,828
Preventive Health and Health Services Block Grant
(CFDA 93.991)
$149,000
Temporary Assistance for Needy Families Block Grant $10,404,529
(CFDA 93.558)
Federal Funds Not Specifically Identified
$8,397,424
Other Funds
$745,000
Other Funds - Not Specifically Identified
$745,000
State Funds
$11,194,348
State General Funds
$4,337,169
Tobacco Settlement Funds
$6,857,179
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$10,542,451
$30,755,232
Increase funds to replace the loss of federal funds.
$651,897
$651,897
Amount appropriated in this Act
$11,194,348
$31,407,129
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
$6,913,249
Federal Funds and Grants
$300,000
Preventive Health and Health Services Block Grant
(CFDA 93.991)
$300,000
State Funds
$6,613,249
Tobacco Settlement Funds
$6,613,249
37.3. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support to all departmental programs.
Total Funds
$34,264,695
Federal Funds and Grants
$8,503,373
Preventive Health and Health Services Block Grant
(CFDA 93.991)
$1,266,938
Federal Funds Not Specifically Identified
$7,236,435
Other Funds
$3,945,000
Other Funds - Not Specifically Identified
$3,945,000
State Funds
$21,816,322
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269
State General Funds Tobacco Settlement Funds
$21,684,527 $131,795
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
$26,379,213
Federal Funds and Grants
$23,675,473
Preventive Health and Health Services Block Grant
(CFDA 93.991)
$200,000
Federal Funds Not Specifically Identified
$23,475,473
Other Funds
$171,976
Other Funds - Not Specifically Identified
$171,976
State Funds
$2,531,764
State General Funds
$2,531,764
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
$11,157,489
Federal Funds and Grants
$6,749,343
Preventive Health and Health Services Block Grant
(CFDA 93.991)
$196,750
Federal Funds Not Specifically Identified
$6,552,593
Other Funds
$25,156
Agency Funds
$25,156
State Funds
$4,382,990
State General Funds
$4,267,353
Tobacco Settlement Funds
$115,637
37.6. Immunization
Purpose: The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines, and technical assistance.
Total Funds
$9,231,815
Federal Funds and Grants
$2,061,486
Federal Funds Not Specifically Identified
$2,061,486
Other Funds
$4,649,702
Other Funds - Not Specifically Identified
$4,649,702
State Funds
$2,520,627
State General Funds
$2,520,627
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JOURNAL OF THE HOUSE
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
$43,580,606
Federal Funds and Grants
$22,745,978
Maternal and Child Health Services Block Grant (CFDA
93.994)
$8,605,171
Preventive Health and Health Services Block Grant
(CFDA 93.991)
$132,509
Federal Funds Not Specifically Identified
$14,008,298
Other Funds
$84,403
Agency Funds
$9,403
Other Funds - Not Specifically Identified
$75,000
State Funds
$20,750,225
State General Funds
$20,750,225
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
$276,475,896
Federal Funds and Grants
$263,629,246
Maternal and Child Health Services Block Grant (CFDA
93.994)
$7,392,607
Federal Funds Not Specifically Identified
$256,236,639
Other Funds
$86,587
Agency Funds
$49,137
Other Funds - Not Specifically Identified
$37,450
State Funds
$12,760,063
State General Funds
$12,760,063
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
$79,451,461
Federal Funds and Grants
$47,927,661
Federal Funds Not Specifically Identified
$47,927,661
Other Funds
$13,009
Other Funds - Not Specifically Identified
$13,009
State Funds
$31,510,791
State General Funds
$31,510,791
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271
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
$4,787,135
Federal Funds and Grants
$511,063
Preventive Health and Health Services Block Grant
(CFDA 93.991)
$158,382
Federal Funds Not Specifically Identified
$352,681
Other Funds
$561,134
Agency Funds
$561,134
State Funds
$3,714,938
State General Funds
$3,714,938
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
$93,242,955
State Funds
$93,242,955
State General Funds
$93,242,955
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
$4,260,651
Federal Funds and Grants
$530,680
Federal Funds Not Specifically Identified
$530,680
State Funds
$3,729,971
State General Funds
$3,729,971
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
$1,784,064
State Funds
$1,784,064
Brain and Spinal Injury Trust Fund
$1,784,064
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JOURNAL OF THE HOUSE
37.14. Georgia Trauma Care Network Commission
Purpose: The purpose of this appropriation is to establish, maintain, and
administer a trauma center network, to coordinate the best use of existing
trauma facilities and to direct patients to the best available facility for
treatment of traumatic injury and participate in the accountability mechanism
for the entire Georgia trauma system, primarily overseeing the flow of funds
for system improvement.
Total Funds
$16,360,468
State Funds
$16,360,468
State General Funds
$16,360,468
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
$206,341,181 $24,245,725 $24,245,725 $10,624,263 $10,624,263
$136,671,136 $136,671,136
$34,800,057 $34,800,057
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 transport, and to support local and federal agencies in public safety efforts with aerial surveillance and observation.
Total Funds
$11,241,833
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
$3,898,799
State General Funds
$3,898,799
Intra-State Government Transfers
$7,000,000
Other Intra-State Government Payments
$7,000,000
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,
THURSDAY, JANUARY 29, 2015
273
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
$8,629,022
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
$8,483,941
State General Funds
$8,483,941
38.4. 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
$109,933,358
Federal Funds and Grants
$2,611,501
Federal Funds Not Specifically Identified
$2,611,501
Other Funds
$850,000
Other Funds - Not Specifically Identified
$850,000
State Funds
$93,064,112
State General Funds
$93,064,112
Intra-State Government Transfers
$13,407,745
Other Intra-State Government Payments
$13,407,745
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$89,881,107
$106,750,353
Increase funds for personal services and operating expenses to meet projected expenditures.
$3,183,005
$3,183,005
Amount appropriated in this Act
$93,064,112
$109,933,358
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38.5. 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
$21,348,398
Federal Funds and Grants
$2,591,061
Federal Funds Not Specifically Identified
$2,591,061
Other Funds
$7,678,514
Other Funds - Not Specifically Identified
$7,678,514
State Funds
$9,913,578
State General Funds
$9,913,578
Intra-State Government Transfers
$1,165,245
Other Intra-State Government Payments
$1,165,245
38.6. 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
$1,568,965
State Funds
$1,568,965
State General Funds
$1,568,965
The following appropriations are for agencies attached for administrative purposes.
38.7. Firefighter 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
$679,657
State Funds
$679,657
State General Funds
$679,657
38.8. 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
$24,129,376
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275
Federal Funds and Grants
$17,358,120
Federal Funds Not Specifically Identified
$17,358,120
Other Funds
$337,102
Other Funds - Not Specifically Identified
$337,102
State Funds
$6,234,974
State General Funds
$6,234,974
Intra-State Government Transfers
$199,180
Other Intra-State Government Payments
$199,180
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$3,483,719
$21,378,121
Increase funds based on prior year's collections for driver education and training in accordance with Joshua's Law.
$2,751,255
$2,751,255
Amount appropriated in this Act
$6,234,974
$24,129,376
38.9. 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
$2,498,273
Other Funds
$558,051
Other Funds - Not Specifically Identified
$558,051
State Funds
$1,940,222
State General Funds
$1,940,222
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,860,222
$2,418,273
Increase funds for operating expenses to meet projected expenditures.
$80,000
$80,000
Amount appropriated in this Act
$1,940,222
$2,498,273
38.10. 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
$18,939,800
Federal Funds and Grants
$1,300,438
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JOURNAL OF THE HOUSE
Federal Funds Not Specifically Identified Other Funds
Other Funds - Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers
Other Intra-State Government Payments
$1,300,438 $1,097,086 $1,097,086 $10,886,888 $10,886,888 $5,655,388 $5,655,388
Section 39: Public Service Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds
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
$1,281,324
Federal Funds and Grants
$83,500
Federal Funds Not Specifically Identified
$83,500
State Funds
$1,197,824
State General Funds
$1,197,824
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,167,057
$1,250,557
Provide funds for aging and outdated hardware for information technology infrastructure.
$30,767
$30,767
Amount appropriated in this Act
$1,197,824
$1,281,324
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
$2,239,988
Federal Funds and Grants
$1,231,100
Federal Funds Not Specifically Identified
$1,231,100
State Funds
$1,008,888
State General Funds
$1,008,888
$9,475,863 $1,343,100 $1,343,100 $8,132,763 $8,132,763
THURSDAY, JANUARY 29, 2015
277
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
$5,954,551
Federal Funds and Grants
$28,500
Federal Funds Not Specifically Identified
$28,500
State Funds
$5,926,051
State General Funds
$5,926,051
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$5,881,051
$5,909,551
Increase funds for one cost review analyst for the Plant Vogtle project.
$45,000
$45,000
Amount appropriated in this Act
$5,926,051
$5,954,551
Section 40: Regents, University System of Georgia Total Funds Other Funds Agency Funds Other Funds - Not Specifically Identified Records Center Storage Fee Research Funds State Funds State General Funds
$6,712,262,193 $4,767,772,976 $2,656,297,691
$5,974,870 $582,288
$2,104,918,127 $1,944,489,217 $1,944,489,217
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
$74,411,855
Other Funds
$37,552,919
Agency Funds
$15,552,919
Research Funds
$22,000,000
State Funds
$36,858,936
State General Funds
$36,858,936
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JOURNAL OF THE HOUSE
40.2. Athens/Tifton Vet Laboratories
Purpose: The purpose of this appropriation is to provide diagnostic services,
educational outreach, and consultation for veterinarians and animal owners to
ensure the safety of Georgia's food supply and the health of Georgia's
production, equine, and companion animals.
Total Funds
$5,785,273
Other Funds
$5,785,273
Agency Funds
$5,410,273
Research Funds
$375,000
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
$55,549,017
Other Funds
$25,083,929
Agency Funds
$20,856,177
Other Funds - Not Specifically Identified
$477,752
Research Funds
$3,750,000
State Funds
$30,465,088
State General Funds
$30,465,088
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
$17,749,703
Other Funds
$10,475,000
Agency Funds
$10,475,000
State Funds
$7,274,703
State General Funds
$7,274,703
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
$1,078,929
Other Funds
$575,988
Agency Funds
$100,000
Research Funds
$475,988
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279
State Funds State General Funds
$502,941 $502,941
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
$12,902,173
Other Funds
$10,250,426
Agency Funds
$590,634
Other Funds - Not Specifically Identified
$659,792
Research Funds
$9,000,000
State Funds
$2,651,747
State General Funds
$2,651,747
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
$5,316,750
Other Funds
$689,281
Agency Funds
$106,993
Records Center Storage Fee
$582,288
State Funds
$4,627,469
State General Funds
$4,627,469
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
$4,837,326
Other Funds
$4,837,326
Other Funds - Not Specifically Identified
$4,837,326
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
$319,641,909
280
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Other Funds Research Funds
State Funds State General Funds
$314,011,962 $314,011,962
$5,629,947 $5,629,947
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
$1,214,913
Other Funds
$486,281
Agency Funds
$118,633
Research Funds
$367,648
State Funds
$728,632
State General Funds
$728,632
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
$2,560,040
Other Funds
$1,345,529
Agency Funds
$745,529
Research Funds
$600,000
State Funds
$1,214,511
State General Funds
$1,214,511
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
$28,569,119
State Funds
$28,569,119
State General Funds
$28,569,119
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
$37,532,484
Other Funds
$5,222,400
Agency Funds
$5,222,400
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281
State Funds State General Funds
$32,310,084 $32,310,084
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
$30,927,573
State Funds
$30,927,573
State General Funds
$30,927,573
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$25,526,120
$25,526,120
Increase funds to provide clinical trials on cannabidiol for children with medication resistant epilepsy.
$4,885,853
$4,885,853
Provide funds to establish the Georgia Film Academy through a cooperative partnership between the University System and the Technical College System.
$515,600
$515,600
Amount appropriated in this Act
$30,927,573
$30,927,573
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
$11,549,268
State Funds
$11,549,268
State General Funds
$11,549,268
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
$5,040,787
Other Funds
$3,800,620
Agency Funds
$1,050,000
Research Funds
$2,750,620
State Funds
$1,240,167
State General Funds
$1,240,167
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.
282
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Total Funds Other Funds
Agency Funds Research Funds State Funds State General Funds
$6,063,063,972 $4,333,156,042 $2,581,569,133 $1,751,586,909 $1,729,907,930 $1,729,907,930
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
$2,618,043
State Funds
$2,618,043
State General Funds
$2,618,043
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
$14,893,117
Other Funds
$14,500,000
Agency Funds
$14,500,000
State Funds
$393,117
State General Funds
$393,117
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
$2,329,780
State Funds
$2,329,780
State General Funds
$2,329,780
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.
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283
Total Funds State Funds
State General Funds
$14,690,162 $14,690,162 $14,690,162
Section 41: Revenue, Department of Total Funds Federal Funds and Grants Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959) Federal Funds Not Specifically Identified State Funds State General Funds Tobacco Settlement Funds
$191,921,925 $819,087 $251,507 $567,580
$191,102,838 $190,669,055
$433,783
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
$13,623,778
Federal Funds and Grants
$225,580
Federal Funds Not Specifically Identified
$225,580
State Funds
$13,398,198
State General Funds
$13,398,198
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
$7,916,507
State Funds
$7,916,507
State General Funds
$7,916,507
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
$29,072,351
State Funds
$29,072,351
State General Funds
$29,072,351
284
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The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$14,072,351
$14,072,351
Increase funds for Forestland Protection Act grant reimbursements.
$15,000,000
$15,000,000
Amount appropriated in this Act
$29,072,351
$29,072,351
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
$1,250,000
State Funds
$1,250,000
State General Funds
$1,250,000
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;
and conduct checkpoints in areas where reports indicate the use of dyed fuels
in on-road vehicles.
Total Funds
$6,314,719
Federal Funds and Grants
$371,507
Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959)
$251,507
Federal Funds Not Specifically Identified
$120,000
State Funds
$5,943,212
State General Funds
$5,509,429
Tobacco Settlement Funds
$433,783
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
$6,184,126
State Funds
$6,184,126
State General Funds
$6,184,126
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
$11,228,502
State Funds
$11,228,502
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285
State General Funds
$11,228,502
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$12,859,059
$12,859,059
Reduce funds for the liability on local tax officials'
($1,630,557)
($1,630,557)
retirement benefits to meet projected expenditures.
Amount appropriated in this Act
$11,228,502
$11,228,502
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
$18,380,959
State Funds
$18,380,959
State General Funds
$18,380,959
41.9. Office of Special Investigations
Purpose: The purpose of this appropriation is to investigate fraudulent
taxpayer and criminal activities involving department efforts.
Total Funds
$3,892,721
State Funds
$3,892,721
State General Funds
$3,892,721
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
$13,398,047
State Funds
$13,398,047
State General Funds
$13,398,047
41.11. Tax Compliance
Purpose: The purpose of this appropriation is to audit tax accounts, ensure
compliance, and collect on delinquent accounts.
Total Funds
$52,885,327
Federal Funds and Grants
$222,000
Federal Funds Not Specifically Identified
$222,000
State Funds
$52,663,327
State General Funds
$52,663,327
286
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
$3,064,001
State Funds
$3,064,001
State General Funds
$3,064,001
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
$24,710,887
State Funds
$24,710,887
State General Funds
$24,710,887
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
42.1. 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
$3,815,610
Other Funds
$3,775,096
Other Funds - Not Specifically Identified
$3,775,096
State Funds
$40,514
State General Funds
$40,514
42.2. 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.
$26,825,352 $85,000 $85,000
$4,723,849 $4,723,849 $22,016,503 $22,016,503
THURSDAY, JANUARY 29, 2015
287
Total Funds
$5,499,689
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
$5,364,689
State General Funds
$5,364,689
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$5,226,157
$5,361,157
Provide funds for four positions and operating expenses. (H:Provide funds for four positions and operating expenses for four months.)
$138,532
$138,532
Amount appropriated in this Act
$5,364,689
$5,499,689
42.3. 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
$5,995,705
Other Funds
$15,000
Other Funds - Not Specifically Identified
$15,000
State Funds
$5,980,705
State General Funds
$5,980,705
42.4. 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
$7,632,600
Other Funds
$813,753
Other Funds - Not Specifically Identified
$813,753
State Funds
$6,818,847
State General Funds
$6,818,847
42.5. 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
$654,458
Other Funds
$50,000
Other Funds - Not Specifically Identified
$50,000
288
JOURNAL OF THE HOUSE
State Funds State General Funds
$604,458 $604,458
The following appropriations are for agencies attached for administrative purposes.
42.6. 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
$278,600
Other Funds
$20,000
Other Funds - Not Specifically Identified
$20,000
State Funds
$258,600
State General Funds
$258,600
42.7. 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
$2,948,690
State Funds
$2,948,690
State General Funds
$2,948,690
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
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
$724,705
State Funds
$724,705
State General Funds
$724,705
$4,408,678 $359,145 $359,145
$1,190,182 $1,190,182 $2,551,614 $2,551,614
$307,737 $307,737
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289
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
$1,623,127
Federal Funds and Grants
$192,737
Federal Funds Not Specifically Identified
$192,737
Other Funds
$1,190,182
Other Funds - Not Specifically Identified
$1,190,182
State Funds
$240,208
State General Funds
$240,208
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
$1,828,624
Federal Funds and Grants
$166,408
Federal Funds Not Specifically Identified
$166,408
State Funds
$1,354,479
State General Funds
$1,354,479
Intra-State Government Transfers
$307,737
Other Intra-State Government Payments
$307,737
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,422,937
$1,897,082
Reduce funding for two vacant positions.
($68,458)
($68,458)
Amount appropriated in this Act
$1,354,479
$1,828,624
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
$98,502
290
JOURNAL OF THE HOUSE
State Funds State General Funds
$98,502 $98,502
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
$133,720
State Funds
$133,720
State General Funds
$133,720
Section 44: Student Finance Commission, Georgia Total Funds Other Funds Other Funds - Not Specifically Identified State Funds Lottery Funds State General Funds
$689,832,196 $713,673 $713,673
$689,118,523 $633,648,020
$55,470,503
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
$16,303,779
State Funds
$16,303,779
State General Funds
$16,303,779
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$10,501,645
$10,501,645
Increase funds to meet the projected need.
$5,802,134
$5,802,134
Amount appropriated in this Act
$16,303,779
$16,303,779
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
$924,000
State Funds
$924,000
State General Funds
$924,000
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
THURSDAY, JANUARY 29, 2015
291
Amount from previous Appropriations Act (HB 744) as amended Increase funds to meet the projected need.
Amount appropriated in this Act
State Funds $785,250
$138,750 $924,000
Total Funds $785,250
$138,750 $924,000
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
$1,162,611
State Funds
$1,162,611
State General Funds
$1,162,611
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,094,862
$1,094,862
Increase funds to meet the projected need.
$67,749
$67,749
Amount appropriated in this Act
$1,162,611
$1,162,611
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
$8,374,069
Other Funds
$230,950
Other Funds - Not Specifically Identified
$230,950
State Funds
$8,143,119
Lottery Funds
$8,143,119
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.
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JOURNAL OF THE HOUSE
Total Funds State Funds
Lottery Funds
$1,930,296 $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
$109,059,989
State Funds
$109,059,989
Lottery Funds
$109,059,989
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
$47,916,330
State Funds
$47,916,330
Lottery Funds
$47,916,330
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
$446,598,286
State Funds
$446,598,286
Lottery Funds
$446,598,286
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
$19,000,000
State Funds
$19,000,000
Lottery Funds
$19,000,000
44.11. Low Interest Loans for Technical Colleges
Purpose: The purpose of this appropriation is to assist students with the
affordability of a technical college education.
Total Funds
$10,000,000
THURSDAY, JANUARY 29, 2015
293
State Funds Lottery Funds State General Funds
$10,000,000 $1,000,000 $9,000,000
44.12. 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
$2,240,940
Other Funds
$482,723
Other Funds - Not Specifically Identified
$482,723
State Funds
$1,758,217
State General Funds
$1,758,217
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,517,277
$2,000,000
Increase funds to meet the projected need.
$240,940
$240,940
Amount appropriated in this Act
$1,758,217
$2,240,940
44.13. 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
$1,237,500
State Funds
$1,237,500
State General Funds
$1,237,500
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$875,000
$875,000
Increase funds to meet the projected need.
$362,500
$362,500
Amount appropriated in this Act
$1,237,500
$1,237,500
44.14. Public Safety Memorial 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
294
JOURNAL OF THE HOUSE
State General Funds
$376,761
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$376,761
$376,761
Reflect a change in the program name. (H:Yes)
$0
$0
Amount appropriated in this Act
$376,761
$376,761
44.15. REACH Georgia Scholarship
Purpose: The purpose of this appropriation is to provide needs-based
scholarships to selected students participating in the REACH Georgia
mentorship and scholarship program, which encourages and supports
academically promising middle and high school students in their educational
pursuits.
Total Funds
$2,000,000
State Funds
$2,000,000
State General Funds
$2,000,000
44.16. Tuition Equalization Grants
Purpose: The purpose of this appropriation is to promote the private segment
of higher education in Georgia by providing non-repayable grant aid to
Georgia residents who attend eligible private postsecondary institutions.
Total Funds
$21,119,952
State Funds
$21,119,952
State General Funds
$21,119,952
The following appropriations are for agencies attached for administrative purposes.
44.17. 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
$787,683
State Funds
$787,683
State General Funds
$787,683
Section 45: Teachers' Retirement System Total Funds State Funds State General Funds Intra-State Government Transfers
$34,768,709 $412,000 $412,000
$34,356,709
THURSDAY, JANUARY 29, 2015
295
Retirement Payments
It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 13.15% for State Fiscal Year 2015.
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 postretirement benefit adjustment (COLA) whenever such adjustment is granted to teachers who retired under TRS.
Total Funds
$412,000
State Funds
$412,000
State General Funds
$412,000
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.
Total Funds
$34,356,709
Intra-State Government Transfers
$34,356,709
Retirement Payments
$34,356,709
$34,356,709
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
$760,479,180 $80,482,813 $80,482,813
$346,781,463 $346,584,693
$196,770 $331,854,904 $331,854,904
$1,360,000 $1,360,000
46.1. Adult Education
Purpose: The purpose of this appropriation is to develop Georgia's workforce by providing adult learners in Georgia with basic reading, writing, computation, speaking, listening, and technology skills; to provide secondary instruction to adults without a high school diploma; and to provide oversight of GED preparation, testing, and the processing of diplomas and transcripts.
Total Funds
$39,378,058
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Federal Funds and Grants Federal Funds Not Specifically Identified
Other Funds Agency Funds
State Funds State General Funds
$18,428,331 $18,428,331 $6,637,876 $6,637,876 $14,311,851 $14,311,851
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
$8,788,091
Other Funds
$200,000
Agency Funds
$100,000
Other Funds - Not Specifically Identified
$100,000
State Funds
$8,478,091
State General Funds
$8,478,091
Intra-State Government Transfers
$110,000
Other Intra-State Government Payments
$110,000
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
$23,074,241
Federal Funds and Grants
$441,458
Federal Funds Not Specifically Identified
$441,458
Other Funds
$9,789,701
Agency Funds
$9,789,701
State Funds
$12,843,082
State General Funds
$12,843,082
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
$689,238,790
Federal Funds and Grants
$61,613,024
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297
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
$61,613,024 $330,153,886 $330,057,116
$96,770 $296,221,880 $296,221,880
$1,250,000 $1,250,000
Section 47: Transportation, Department of
Total Funds
$2,551,172,331
Federal Funds and Grants
$1,593,146,310
Federal Highway Administration Highway Planning and Construction
(CFDA 20.205)
Federal Funds Not Specifically Identified
$1,526,284,941 $66,861,369
Other Funds
$88,806,470
Agency Funds
$11,129,491
Other Funds - Not Specifically Identified
$77,676,979
State Funds
$868,459,318
Motor Fuel Funds
$853,459,952
State General Funds
$14,999,366
Intra-State Government Transfers
$760,233
Other Intra-State Government Payments
$760,233
It is the intent of this General Assembly that the following provisions apply: a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Office of the State Treasurer, attached agency of the Department of Administrative Services. b.) Programs financed by Motor Fuel Tax Funds may be adjusted for additional appropriation or balances brought forward from previous years with prior approval by the Office of Planning and Budget. c.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation. 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.
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e.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses.
47.1. Capital Construction Projects
Purpose: The purpose of this appropriation is to provide funding for Capital
Outlay road construction and enhancement projects on local and state road
systems.
Total Funds
$1,193,946,605
Federal Funds and Grants
$925,252,699
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$925,252,699
Other Funds
$55,300,430
Other Funds - Not Specifically Identified
$55,300,430
State Funds
$213,393,476
Motor Fuel Funds
$213,393,476
47.2. Capital Maintenance Projects
Purpose: The purpose of this appropriation is to provide funding for Capital
Outlay for maintenance projects.
Total Funds
$244,129,109
Federal Funds and Grants
$183,218,385
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$183,218,385
Other Funds
$350,574
Other Funds - Not Specifically Identified
$350,574
State Funds
$60,560,150
Motor Fuel Funds
$60,560,150
47.3. 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
$151,172,428
Federal Funds and Grants
$68,642,990
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$68,642,990
Other Funds
$798,619
Other Funds - Not Specifically Identified
$798,619
State Funds
$81,565,819
Motor Fuel Funds
$81,565,819
Intra-State Government Transfers
$165,000
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299
Other Intra-State Government Payments
$165,000
47.4. 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
$13,147,574
Federal Funds and Grants
$10,270,257
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$10,270,257
Other Funds
$62,257
Agency Funds
$62,257
State Funds
$2,815,060
Motor Fuel Funds
$2,815,060
47.5. Departmental Administration
Purpose: The purpose of this appropriation is to plan, construct, maintain, and
improve the state's roads and bridges; provide planning and financial support
for other modes of transportation such as mass transit, airports, railroads and
waterways.
Total Funds
$67,219,569
Federal Funds and Grants
$10,839,823
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$10,839,823
Other Funds
$898,970
Agency Funds
$898,970
State Funds
$55,480,776
Motor Fuel Funds
$55,480,776
47.6. Intermodal
Purpose: 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 Funds
$82,642,967
Federal Funds and Grants
$66,861,369
Federal Funds Not Specifically Identified
$66,861,369
Other Funds
$782,232
Agency Funds
$94,239
Other Funds - Not Specifically Identified
$687,993
State Funds
$14,999,366
State General Funds
$14,999,366
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The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$15,028,477
$82,672,078
Reduce funds for one-time expenses incurred in FY 2014.
($29,111)
($29,111)
Amount appropriated in this Act
$14,999,366
$82,642,967
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
$122,470,000
State Funds
$122,470,000
Motor Fuel Funds
$122,470,000
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
$96,597,611
Federal Funds and Grants
$91,655,917
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$91,655,917
State Funds
$4,346,461
Motor Fuel Funds
$4,346,461
Intra-State Government Transfers
$595,233
Other Intra-State Government Payments
$595,233
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
$16,947,030
Federal Funds and Grants
$14,683,804
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$14,683,804
State Funds
$2,263,226
Motor Fuel Funds
$2,263,226
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301
47.10. 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
$229,127,696
Federal Funds and Grants
$25,086,452
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$25,086,452
Other Funds
$5,078,904
Agency Funds
$642,602
Other Funds - Not Specifically Identified
$4,436,302
State Funds
$198,962,340
Motor Fuel Funds
$198,962,340
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $194,580,109 amended
$224,745,465
Increase funds for additional service agreements.
$4,382,231
$4,382,231
Amount appropriated in this Act
$198,962,340
$229,127,696
47.11. 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
$91,401,257
Federal Funds and Grants
$46,110,542
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$46,110,542
Other Funds
$25,534,484
Agency Funds
$9,431,423
Other Funds - Not Specifically Identified
$16,103,061
State Funds
$19,756,231
Motor Fuel Funds
$19,756,231
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The following appropriations are for agencies attached for administrative purposes.
47.12. 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
$242,370,485
Federal Funds and Grants
$150,524,072
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$150,524,072
State Funds
$91,846,413
Motor Fuel Funds
$91,846,413
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$91,846,413
$242,370,485
Utilize existing funds of $5,594,170 in the Georgia
$0
$0
Transportation Infrastructure Bank program for debt
service due in FY 2016. (H:Yes)
Amount appropriated in this Act
$91,846,413
$242,370,485
Section 48: Veterans Service, 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
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
$1,758,956
State Funds
$1,758,956
State General Funds
$1,758,956
$38,877,671 $15,119,717 $15,119,717 $4,158,613 $2,158,613 $2,000,000 $19,599,341 $19,599,341
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303
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
$916,701
Federal Funds and Grants
$178,004
Federal Funds Not Specifically Identified
$178,004
State Funds
$738,697
State General Funds
$738,697
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$554,697
$732,701
Provide funds for one-time design expenses for cemetery expansion.
$184,000
$184,000
Amount appropriated in this Act
$738,697
$916,701
48.3. Georgia War Veterans Nursing Homes
Purpose: The purpose of this appropriation is to provide skilled nursing care
to aged and infirmed Georgia war veterans.
Total Funds
$25,316,781
Federal Funds and Grants
$12,314,273
Federal Funds Not Specifically Identified
$12,314,273
Other Funds
$2,158,613
Agency Funds
$2,158,613
State Funds
$10,843,895
State General Funds
$10,843,895
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $11,929,755
$27,805,249
amended
Reduce funds to align budget with the average daily patient census.
($1,085,860)
($2,488,468)
Amount appropriated in this Act
$10,843,895
$25,316,781
48.4. 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
$10,885,233
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Federal Funds and Grants Federal Funds Not Specifically Identified
Other Funds Other Funds - Not Specifically Identified
State Funds State General Funds
$2,627,440 $2,627,440 $2,000,000 $2,000,000 $6,257,793 $6,257,793
Section 49: Workers' Compensation, State Board of Total Funds Other Funds Agency Funds State Funds State General Funds
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
$12,444,175
Other Funds
$458,353
Agency Funds
$458,353
State Funds
$11,985,822
State General Funds
$11,985,822
49.2. Board Administration
Purpose: The purpose of this appropriation is to provide superior access to the
Georgia Workers' Compensation program for injured workers and employers
in a manner that is sensitive, responsive, and effective.
Total Funds
$10,609,373
Other Funds
$65,479
Agency Funds
$65,479
State Funds
$10,543,894
State General Funds
$10,543,894
$23,053,548 $523,832 $523,832
$22,529,716 $22,529,716
Section 50: General Obligation Debt Sinking Fund Total Funds Federal Recovery Funds Federal Recovery Funds Not Specifically Identified State Funds Motor Fuel Funds State General Funds
$1,101,405,653 $18,260,833 $18,260,833
$1,083,144,820 $143,872,639 $939,272,181
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305
50.1. GO Bonds Issued
Total Funds
$1,002,647,568
Federal Recovery Funds
$18,260,833
Federal Recovery Funds Not Specifically Identified
$18,260,833
State Funds
$984,386,735
Motor Fuel Funds
$141,947,039
State General Funds
$842,439,696
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $1,018,202,703 amended
$1,036,463,536
Reduce funds for debt service to reflect savings associated with refundings and favorable rates received in recent bond sales.
($33,815,968)
($33,815,968)
Replace $12,807,174 in motor fuel funds with state general funds for debt service on road and bridge projects. (H:Yes)
$0
$0
Amount appropriated in this Act
$984,386,735 $1,002,647,568
50.2. GO Bonds New
Total Funds
$98,758,085
State Funds
$98,758,085
Motor Fuel Funds
$1,925,600
State General Funds
$96,832,485
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$98,758,085
$98,758,085
Transfer authorization for $1,350,000 in 5-year taxable
$0
$0
bonds for equipment for the Athens and Tifton
Veterinary Diagnostic Laboratories (HB 744, Bond #113,
page 134, line 4017) from the Department of Agriculture
to the Board of Regents. (H:Yes)
Amount appropriated in this Act
$98,758,085
$98,758,085
Bond Financing Appropriated:
[Bond # 1] From State General Funds, $16,062,412 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 $187,645,000 in principal
amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of two hundred and forty months.
[Bond # 2] From State General Funds, $1,395,280 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 $16,300,000 in principal
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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, $2,374,544 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 $27,740,000 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, $154,080 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 $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 5] From State General Funds, $462,800 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 $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 6] From State General Funds, $2,656,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months.
[Bond # 7] From State General Funds, $64,200 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 $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 # 8] From State General Funds, $3,239,600 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 $14,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 9] From State General Funds, $252,948 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education
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307
by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,955,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 10] From State General Funds, $1,619,800 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 $7,000,000 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, $671,060 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 $2,900,000 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, $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 # 13] From State General Funds, $3,424,000 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 $40,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 14] From State General Funds, $323,960 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,400,000 in principal amount of General Obligation Debt, the
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instruments of which shall have maturities not in excess of sixty months.
[Bond # 15] From State General Funds, $3,826,320 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 $44,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 16] 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 # 17] From State General Funds, $813,200 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 $9,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 18] From State General Funds, $393,380 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 $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 19] From State General Funds, $578,500 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 sixty months.
[Bond # 20] From State General Funds, $462,800 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the
THURSDAY, JANUARY 29, 2015
309
Board of Regents of the University System of Georgia, 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 # 21] From State General Funds, $67,106 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 $290,000 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, $2,075,658 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 $8,970,000 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, $847,440 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 $9,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 24] From State General Funds, $663,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 25] From State General Funds, $423,720 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 $4,950,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
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[Bond # 26] From State General Funds, $385,200 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 $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 27] 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 # 28] From State General Funds, $231,120 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 $2,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 29] From State General Funds, $64,200 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 $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 # 30] From State General Funds, $1,044,200 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 $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 # 31] From State General Funds, $578,500 is specifically appropriated
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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 sixty months.
[Bond # 32] From State General Funds, $363,200 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, $247,598 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 $1,070,000 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, $376,640 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 # 36] From State General Funds, $162,640 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and
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personal, necessary or useful in connection therewith, through the issuance of not more than $1,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 37] From State General Funds, $333,840 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 38] 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 # 39] From State General Funds, $231,120 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 $2,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 40] 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 # 41] 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
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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 # 42] From State General Funds, $118,128 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, through the issuance of not more than $1,380,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 43] From State General Funds, $77,040 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, 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 two hundred and forty months.
[Bond # 44] From State General Funds, $171,200 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, 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 # 45] From State General Funds, $454,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 46] From State General Funds, $908,000 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 # 47] From State General Funds, $42,800 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
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[Bond # 48] From State General Funds, $265,600 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 one hundred and twenty months.
[Bond # 49] From State General Funds, $25,680 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 $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 # 50] From State General Funds, $1,157,000 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 # 51] From State General Funds, $477,841 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 $2,065,000 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, $571,558 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 $2,470,000 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, $342,472 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,
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buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,480,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 54] From State General Funds, $893,204 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 $3,860,000 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, $531,063 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 $2,295,000 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, $200,161 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 $865,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 57] From State General Funds, $166,608 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 $720,000 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, $150,410 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 $650,000 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, $466,271 is specifically appropriated for the purpose of financing projects and facilities for the Technical College
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System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,015,000 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, $131,898 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 $570,000 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, $599,200 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 $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 # 62] From State General Funds, $283,465 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 $1,225,000 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, $393,380 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 64] From State General Funds, $291,040 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 $3,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
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[Bond # 65] From State General Funds, $439,660 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 $1,900,000 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, $208,260 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 $900,000 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, $208,260 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 $900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 68] From State General Funds, $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 # 69] From State General Funds, $50,504 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 $590,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 70] From State General Funds, $184,040 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary
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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 # 71] From State General Funds, $85,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 # 72] From State General Funds, $47,936 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Health by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 73] From State General Funds, $94,160 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 $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 74] From State General Funds, $462,800 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 $2,000,000 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, $847,440 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 $9,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 76] From State General Funds, $261,080 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension,
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enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,050,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 77] From State General Funds, $1,093,365 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 $4,725,000 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, $856,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 79] From State General Funds, $309,872 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 $3,620,000 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, $23,540 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 $275,000 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, $22,256 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 $260,000 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, $115,700 is specifically appropriated
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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 # 83] From State General Funds, $43,966 is specifically appropriated for the purpose of financing projects and facilities for the Department of Driver Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $190,000 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, $101,864 is specifically appropriated for the purpose of financing projects and facilities for the Department of Driver Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,190,000 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, $80,990 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 sixty months.
[Bond # 86] From State General Funds, $273,052 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,180,000 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, $193,219 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 $835,000 in principal amount of General Obligation Debt, the instruments of
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which shall have maturities not in excess of sixty months.
[Bond # 88] From State General Funds, $1,050,312 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 $12,270,000 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, $1,062,296 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 $12,410,000 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, $127,270 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 $550,000 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, $1,249,560 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 $5,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 92] From State General Funds, $517,880 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,050,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 93] From State General Funds, $1,249,560 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
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or useful in connection therewith, through the issuance of not more than $5,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 94] From State General Funds, $59,920 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 $700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 95] From State General Funds, $188,591 is specifically appropriated for the purpose of financing projects and facilities for the State Board of 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 $815,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 96] From State General Funds, $2,314,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Safety by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 97] From State General Funds, $1,464,762 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 $6,330,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 98] From State General Funds, $124,956 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 $540,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 99] From State General Funds, $92,560 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,
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enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 100] From State General Funds, $205,946 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 $890,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 101] From State General Funds, $146,804 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 $1,715,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 102] From State General Funds, $20,972 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 $245,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 103] From State General Funds, $108,712 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 $1,270,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 104] From State General Funds, $113,386 is specifically appropriated for the purpose of financing projects and facilities for the Department of Audits and Accounts by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $490,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 105] From State General Funds, $115,700 is specifically appropriated
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for the purpose of financing projects and facilities for the Department of Audits and Accounts by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 106] From State General Funds, $1,070,000 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 $12,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 107] From State General Funds, $171,200 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 $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 108] From State General Funds, $642,000 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 $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 109] From State General Funds, $925,600 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 $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 110] From State General Funds, $694,200 is specifically appropriated for the purpose of financing projects and facilities for the Secretary of State by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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
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have maturities not in excess of sixty months.
[Bond # 111] From State General Funds, $275,578 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 $3,035,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 112] From State General Funds, $454,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 # 113] From State General Funds, $312,390 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 $1,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 114] From State General Funds, $1,651,652 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 $18,190,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 115] From State General Funds, $1,543,600 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 $17,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 116] From State General Funds, $99,880 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
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means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 117] From State General Funds, $517,179 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 $2,235,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 118] From State General Funds, $181,600 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 $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 # 119] From State General Funds, $817,384 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 $6,155,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months.
[Bond # 120] From State General Funds, $96,300 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 $1,125,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 121] From State General Funds, $1,767,640 is specifically appropriated for the Georgia Environmental Finance Authority for the purpose of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $20,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
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[Bond # 122] From State General Funds, $736,160 is specifically appropriated for the Georgia Environmental Finance Authority for the purpose of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $8,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 123] From State General Funds, $1,884,100 is specifically appropriated for the Georgia Environmental Finance Authority for the purpose 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 # 124] From State General Funds, $1,342,120 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 $5,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 125] From State General Funds, $46,280 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 $200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 126] From State General Funds, $773,616 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,520,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 127] From State General Funds, $374,096 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 128] From State General Funds, $913,448 is specifically appropriated for the purpose of financing projects and facilities for the Department of
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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 $10,060,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 129] From State General Funds, $2,996,000 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 $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 # 130] From State General Funds, $1,925,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months.
[Bond # 131] From State General Funds, $653,306 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 $7,195,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 132] From State General Funds, $90,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Section 51: General Obligation Bonds Repealed, Revised, or Reinstated
The following paragraph of Section 51 of the General Appropriations Act for State Fiscal Year 2011-2012 (Ga. L. 2011, Volume One, Book Two Appendix,
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commencing at p. 1 of 231, 222, Act No. 223, 2011 Regular Session, H.B. 78), carried forward in Section 51 of the Supplementary General Appropriations Act for State Fiscal Year 2011-2012 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 216, 209, Act No. 406, 2012 Regular Session, H.B. 741), and which reads as follows:
Education, Department of 379.301 BOND: K - 12 Schools: $44,120,000 in principal for 20 years at 6.75%: Fund the Capital Outlay Program-Regular for local school construction. (S:Include $2,000,000 for Clarkdale Elementary)
From State General Funds, $4,398,764 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $44,120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
is hereby amended to read as follows:
379.301 BOND: K - 12 Schools: $43,880,000 in principal for 20 years at 6.75%: Fund the Capital Outlay Program-Regular for local school construction. (S:Include $2,000,000 for Clarkdale Elementary)
From State General Funds, $4,374,836 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 $43,880,000 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 51 of the General Appropriations Act for State Fiscal Year 2011-2012 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 231, 222, Act No. 223, 2011 Regular Session, H.B. 78), carried forward in Section 51 of the Supplementary General Appropriations Act for State Fiscal Year 2011-2012 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 216, 209, Act No. 406, 2012 Regular Session, H.B. 741), and which reads as follows:
Education, Department of 379.302 BOND: K - 12 Schools: $21,820,000 in principal for 20 years at 6.75%: Fund the Capital Outlay Program-Exceptional Growth for local school construction. (H and S:Recommend funding at the $40 million entitlement level and provide $21,820,000 in 20-year bonds)
From State General Funds, $2,175,454 is specifically appropriated for the
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purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $21,820,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
is hereby amended to read as follows:
Education, Department of 379.302 BOND: K - 12 Schools: $11,330,000 in principal for 20 years at 6.75%: Fund the Capital Outlay Program-Exceptional Growth for local school construction. (H and S:Recommend funding at the $40 million entitlement level and provide $11,330,000 in 20-year bonds)
From State General Funds, $1,129,601 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 $11,330,000 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 51 of the General Appropriations Act for State Fiscal Year 2011-2012 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 231, 222, Act No. 223, 2011 Regular Session, H.B. 78), carried forward in Section 51 of the Supplementary General Appropriations Act for State Fiscal Year 2011-2012 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 216, 209, Act No. 406, 2012 Regular Session, H.B. 741), and which reads as follows:
Education, Department of 379.303 BOND: K - 12 Schools: $118,650,000 in principal for 20 years at 6.75%: Fund the Capital Outlay Program-Regular Advance for local school construction.
From State General Funds, $11,829,405 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $118,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
is hereby amended to read as follows:
Education, Department of 379.303 BOND: K - 12 Schools: $116,450,000 in principal for 20 years at 6.75%: Fund the Capital Outlay Program-Regular Advance for local school
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construction.
From State General Funds, $11,610,065 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 $116,450,000 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 2014-2015 (Ga. L. 2014, Volume One, Appendix, commencing at p. 1 of 139, 134, Act No. 632, 2014 Regular Session, H.B. 744), which read as follows:
[Bond # 113] From State General Funds, $312,390 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 $1,350,000 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 # 113] From State General Funds, $312,390 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 $1,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Section 52: Salary Adjustments
The appropriations to budget units made above include funds for, and have the added purpose of, the following salary increases and adjustments, to be administered in conformity with the applicable compensation and performance management plans as provided by law:
1.) An amount equivalent to 1% of personal services for employees of the Executive, Judicial, and Legislative Branches, excluding Board of Regents faculty and Technical College System of Georgia teachers and support personnel, to be used for merit based pay increases for high performing employees in Fiscal Year 2014 and salary adjustments to attract new
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employees with critical skills or keep successful performers in critical jobs. The amount for this Item is calculated according to an effective date of July 1, 2014.
2.) Before Item 1 above, but not in lieu of it, funds for supplementary salary adjustments to address employee retention needs for certain employees in the job titles specified in the appropriations stated above to the Department of Audits and Accounts, Department of Agriculture, Department of Banking and Finance, Department of Corrections, State Forestry Commission, Georgia Bureau of Investigation, Department of Juvenile Justice, Department of Law, Department of Natural Resources and Prosecuting Attorneys. The amount for this Item is calculated according to an effective date of July 1, 2014.
3.) In lieu of other numbered items, funds for the State Board of Education for the Quality Basic Education program, such funds to be used by the Quality Basic Education program for the purpose of reducing or eliminating furlough days, increasing instructional days, and providing salary increases to teachers in local education authorities. The amount for this Item is calculated according to an effective date of July 1, 2014.
4.) In lieu of other numbered items, an amount equivalent to 1% of personal services for non-faculty employees of the Board of Regents, to be used for merit based pay increases for high performing employees in Fiscal Year 2014 and salary adjustments to attract new employees with critical skills or to keep successful performers in critical jobs. The amount for this Item is calculated according to an effective date of July 1, 2014.
5.) In lieu of other numbered items, to provide funds for supplementary salary adjustments to address needs for the recruitment and retention of Board of Regents faculty, funded through the Teaching program appropriation stated above. The amount for this Item is calculated according to an effective date of July 1, 2014.
6.) In lieu of other numbered items, an amount equivalent to 1% of personal services for public librarians, funded through the Public Libraries appropriation stated above, to be used for merit based pay increases for high performing employees in Fiscal Year 2014 and salary adjustments to attract new employees with critical skills or keep successful performers in critical jobs as administered by the Board of Regents. The amount for this Item is calculated according to an effective date of July 1, 2014.
7.) In lieu of other numbered items, an amount equivalent to 1% of personal services for teachers and support personnel within the Technical College System of Georgia, to be used for merit based pay increases for high performing employees in Fiscal Year 2014 and salary adjustments to attract new employees with critical skills or to keep successful performers in critical
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jobs. The amount for this Item is calculated according to an effective date of July 1, 2014.
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 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.
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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 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.
For purposes of the appropriations for the "Medicaid: Low-Income Medicaid," "Medicaid: Aged, Blind, and Disabled," and "PeachCare" 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 programs 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 three 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 75, designating Representative O'Neal of the 146th as Chairman thereof.
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The Speaker called the House to order.
The Committee of the Whole arose and through its Chairman reported HB 75 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:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene E Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra
Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris E Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims 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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
Vacant, 120th Vacant, 50th Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates Ralston, Speaker
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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.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 128. By Representatives Rogers of the 29th, Hawkins of the 27th, Dunahoo of the 30th and Barr of the 103rd:
A RESOLUTION commending Georgia Chair Company on its 100th anniversary and inviting its representatives to be recognized by the House of Representatives; and for other purposes.
HR 129. By Representatives Waites of the 60th, Scott of the 76th, Jordan of the 77th, Mabra of the 63rd, Stovall of the 74th and others:
A RESOLUTION commending Sheriff Victor Hill and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 130. By Representatives Rogers of the 10th, Ralston of the 7th, Cheokas of the 138th, Rakestraw of the 19th, Strickland of the 111th and others:
A RESOLUTION recognizing March 11, 2015, 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.
HR 131. By Representatives Rogers of the 29th, Tanner of the 9th, Hawkins of the 27th, Barr of the 103rd and Dunahoo of the 30th:
A RESOLUTION commending Cadet Jonathan Chase Strickland of the University of North Georgia and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 132. By Representatives England of the 116th, Quick of the 117th, Kirby of the 114th and Benton of the 31st:
A RESOLUTION commending the Bethlehem Christian Academy Knights' Baseball Team and inviting them to be recognized by the House of Representatives; and for other purposes.
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HR 133. By Representatives Buckner of the 137th and Trammell of the 132nd:
A RESOLUTION commending Camp Dream on their 20th anniversary, recognizing February 25, 2015, as Camp Dream Day, and inviting representatives of Camp Dream to be recognized by the House of Representatives; and for other purposes.
HR 134. By Representatives Chandler of the 105th, Clark of the 101st, Nix of the 69th, Coleman of the 97th, Taylor of the 173rd and others:
A RESOLUTION recognizing the week of February 2-6, 2015, as National School Counseling Week and inviting Jennifer Diaz, Stacey Miller, Gail Smith, Dr. Myrel Seigler, and Julie Hartline 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 107 Do Pass HR 111 Do Pass
HR 108 Do Pass HR 134 Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 107. By Representatives Dudgeon of the 25th, Duncan of the 26th, Hamilton of the 24th, Tanner of the 9th and Cantrell of the 22nd:
A RESOLUTION congratulating the Lambert High School baseball team on winning the 2014 GHSA Class AAAAAA State Championship and inviting the team to be recognized by the House of Representatives; and for other purposes.
HR 108. By Representative Abrams of the 89th:
A RESOLUTION commending Maya Austin and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 111. By Representatives Burns of the 159th, Tankersley of the 160th, Parrish of the 158th, Ramsey of the 72nd, Epps of the 144th and others:
A RESOLUTION recognizing February 3, 2015, as Georgia Southern University Day at the capitol and inviting President Brooks Keel, Dr. Jean
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Bartels, Rachel Neuhauser, and Andrew Smallwood to be recognized by the Georgia House of Representatives; and for other purposes.
HR 134. By Representatives Chandler of the 105th, Clark of the 101st, Nix of the 69th, Coleman of the 97th, Taylor of the 173rd and others:
A RESOLUTION recognizing the week of February 2-6, 2015, as National School Counseling Week and inviting Jennifer Diaz, Stacey Miller, Gail Smith, Dr. Myrel Seigler, and Julie Hartline to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 135. 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 Peggy Bernice Snow Robinson; and for other purposes.
HR 136. 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 Keaton Franklin Coker; and for other purposes.
HR 137. By Representatives Henson of the 86th, Mitchell of the 88th, Williams of the 87th, Holcomb of the 81st, Kendrick of the 93rd and others:
A RESOLUTION commending Tucker Middle School; and for other purposes.
HR 138. By Representatives Rogers of the 29th, Beskin of the 54th, Hawkins of the 27th, Dunahoo of the 30th and Barr of the 103rd:
A RESOLUTION commending Stephen Glasgow and Matt Watson; and for other purposes.
HR 139. By Representatives Rogers of the 29th, Beskin of the 54th, Hawkins of the 27th, Dunahoo of the 30th and Barr of the 103rd:
A RESOLUTION honoring the life and memory of H.A. (Aggie) Whitaker, Jr.; and for other purposes.
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HR 140. By Representatives Wilkinson of the 52nd, Geisinger of the 48th, Beskin of the 54th, Willard of the 51st, Atwood of the 179th and others:
A RESOLUTION commending Mrs. Mary Lou Austin; and for other purposes.
HR 141. By Representatives Stephens of the 165th, Gordon of the 163rd, Stephens of the 164th, Bryant of the 162nd, Petrea of the 166th and others:
A RESOLUTION recognizing and commending Bethesda Academy on the occasion of its 275th anniversary; and for other purposes.
HR 142. By Representatives Jones of the 53rd, Brooks of the 55th, Bell of the 58th, Howard of the 124th, Jordan of the 77th and others:
A RESOLUTION commending Representative Keisha Waites; and for other purposes.
HR 143. By Representatives Nix of the 69th, Chandler of the 105th, Coleman of the 97th, Trammell of the 132nd, Clark of the 101st and others:
A RESOLUTION recognizing and commending Great Promise Partnership; and for other purposes.
HR 144. By Representatives Drenner of the 85th, Setzler of the 35th, Kaiser of the 59th, Coleman of the 97th, Henson of the 86th and others:
A RESOLUTION recognizing February 5, 2015, as High Performance Healthy Schools Day at the capitol; and for other purposes
HR 145. By Representative Ralston of the 7th:
A RESOLUTION honoring the life and memory of William Berry Broach, Jr.; and for other purposes.
HR 146.
By Representatives Rogers of the 29th, Hawkins of the 27th, Dunahoo of the 30th, Barr of the 103rd and Ralston of the 7th: A RESOLUTION honoring the life and memory of Mr. Phillip E. Jackson; and for other purposes.
HR 147. By Representatives Rogers of the 29th, Hawkins of the 27th, Dunahoo of the 30th and Barr of the 103rd:
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A RESOLUTION honoring the life and memory of Michael Justin Ward; and for other purposes.
HR 148. By Representative Ralston of the 7th:
A RESOLUTION honoring the life and memory of Edward John (Eddy) White; and for other purposes.
HR 149. By Representative Ralston of the 7th:
A RESOLUTION honoring the life and memory of John Orvin Lance; and for other purposes.
HR 150. By Representatives Buckner of the 137th and Trammell of the 132nd:
A RESOLUTION recognizing and commending Mrs. Linda Moncrief on the grand occasion of her retirement; and for other purposes.
HR 151. By Representative Ralston of the 7th:
A RESOLUTION honoring the life and memory of Coe Hamling; and for other purposes.
HR 152. By Representatives Rogers of the 29th, Hawkins of the 27th, Barr of the 103rd and Dunahoo of the 30th:
A RESOLUTION honoring the life and memory of Thomas Ervin "Tommy" Valentine; and for other purposes.
HR 153. 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 Jennifer Schaap Kempker; and for other purposes.
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HR 154. By Representative Lumsden of the 12th:
A RESOLUTION commending Don Henderson upon the grand occasion of his retirement; and for other purposes.
HR 155. By Representatives Gravley of the 67th, Hightower of the 68th, Jones of the 62nd, Alexander of the 66th and Bruce of the 61st:
A RESOLUTION commending Douglas County Tax Commissioner Todd Cowan for being selected as the 2014 Tax Commissioner of the Year; and for other purposes.
HR 156. 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 Reuben Colquitt; and for other purposes.
HR 157. By Representatives Henson of the 86th, Drenner of the 85th, Buckner of the 137th and Bennett of the 94th:
A RESOLUTION recognizing and commending Megan Withers upon being honored with the Girl Scout Gold Award; and for other purposes.
HR 158. 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 Mrs. Geneva R. Mitchell; and for other purposes.
HR 159. 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 Asa Talmadge Autry; and for other purposes.
HR 160. 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 Mr. Boyd Hershal Lewallen, Jr.; and for other purposes.
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HR 161. By Representatives Rogers of the 29th, Hawkins of the 27th, Barr of the 103rd and Dunahoo of the 30th:
A RESOLUTION honoring the life and memory of Dr. Virginio Louis Piucci; and for other purposes.
HR 162. By Representatives Rogers of the 29th, Hawkins of the 27th, Barr of the 103rd and Dunahoo of the 30th:
A RESOLUTION honoring the life and memory of Lois Martin; and for other purposes.
HR 163. By Representatives Rogers of the 29th, Hawkins of the 27th, Barr of the 103rd and Dunahoo of the 30th:
A RESOLUTION honoring the life and memory of Ms. Lena Tubbs Shoaf; and for other purposes.
HR 164. 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 Judy Bennett Fields; and for other purposes.
HR 165. 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 Clovie Elizabeth McJunkin Lawson; and for other purposes.
HR 166. 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 Mr. Charles Rex Scott, Jr.; and for other purposes.
HR 167. By Representatives Rogers of the 29th, Hawkins of the 27th, Barr of the 103rd and Dunahoo of the 30th:
A RESOLUTION honoring the life and memory of Mary Frances Carter Dixon; and for other purposes.
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HR 168. By Representatives Rogers of the 29th, Hawkins of the 27th, Harden of the 148th, Dunahoo of the 30th and Barr of the 103rd:
A RESOLUTION honoring the life and memory of Eston Wycliffe "Wyc" Orr, Sr.; and for other purposes.
HR 169. 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 Jim West; and for other purposes.
HR 170. By Representatives Rogers of the 29th, Hawkins of the 27th, Barr of the 103rd and Dunahoo of the 30th:
A RESOLUTION honoring the life and memory of Joe Sartain, Jr.; and for other purposes.
HR 171. 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 Monteen Coussons Stewart; and for other purposes.
HR 172. 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 Stephen A. Hartley; and for other purposes.
HR 173. 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 Dennis A. Pitts; and for other purposes.
Representative O`Neal of the 146th moved that the following Bill of the House be immediately transmitted to the Senate:
HB 75. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th:
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A BILL to be entitled an Act to be entitled an Act to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2014, and ending June 30, 2015, known as the "General Appropriations Act," Act No. 632, approved April 28, 2014 (Ga. L. 2014, Volume One, Appendix, commencing at page 1 of 139), 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 repeal conflicting laws; and for other purposes.
The motion prevailed.
Representative O'Neal of the 146th moved that the House do now adjourn until 1:00 o'clock, P.M., Monday, February 2, 2015, 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 2, 2015.
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Representative Hall, Atlanta, Georgia
Monday, February 2, 2015
Ninth 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 E Anderson Atwood Ballinger Barr Battles E Beasley-Teague Bell Belton E Bennett Bentley Benton Beskin Beverly Broadrick Brooks Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell E Carson Carter Casas Chandler Cheokas Clark, D Clark, H Clark, V Coleman E Cooke Coomer
Cooper Corbett E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas E Drenner Dudgeon E Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming E Floyd Fludd Frazier Frye Gardner Gasaway Geisinger Glanton Golick Gordon Gravley Greene
Hamilton Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, L Jones, S E Jordan Kaiser Kelley E Kendrick Kidd Kirby Knight LaRiccia Lumsden Mabra Marin Martin Maxwell McCall
McClain Meadows Mitchell Morris E Mosby Nimmer Nix E Oliver O'Neal Pak Parrish Parsons E Peake Petrea Pezold Powell, A Powell, J Prince Quick Rakestraw Ramsey Randall Reeves Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sims
Smith, E Smith, L Smith, M Smith, R Spencer Stephens, M Stephens, R E Stephenson Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner Waites Watson Welch Werkheiser Wilkerson Wilkinson Willard Williams, A E Williams, C Williams, E Williamson Yates Ralston, Speaker
The following members were off the floor of the House when the roll was called:
Representatives Brockway of the 102nd, Bruce of the 61st, Jacobs of the 80th, Mayo of the 84th, Pruett of the 149th, Smyre of the 135th, and Weldon of the 3rd.
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They wished to be recorded as present.
Prayer was offered by Reverend John E. Morse, Pastor, Pleasant Grove AME Church, Hinesville, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 165. By Representatives Bruce of the 61st, Fludd of the 64th, Jones of the 62nd, Mabra of the 63rd, Brooks of the 55th and others:
A BILL to be entitled an Act to incorporate the City of South Fulton in Fulton County; to provide for a charter for the City of South Fulton; to provide for an automatic repeal; to provide effective dates and transitional provisions governing the transfer of various functions and responsibilities from Fulton County to the City of South Fulton; to provide for severability; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Governmental Affairs.
HB 166. By Representatives Yates of the 73rd, Powell of the 32nd, Harbin of the 122nd and Smith of the 125th:
A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to provide for the safe operation of a lightweight motorcycle or motor vehicle through an inoperative traffic-control signal; to repeal certain provisions relating to handlebars; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 167. By Representatives Yates of the 73rd, Belton of the 112th, Kidd of the 145th, Deffenbaugh of the 1st and Hitchens of the 161st:
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, so as to provide that retirement income received as retirement benefits from service in the armed forces of the United States shall not be subject to state income tax; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 168. By Representatives Thomas of the 56th, Brooks of the 55th and Scott of the 76th:
A BILL to be entitled an Act to amend Code Section 15-12-7 of the Official Code of Georgia Annotated, relating to compensation of court bailiffs and expense allowance for trial and grand jurors, so as to increase the maximum compensation allowable for trial and grand jurors; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 169. By Representatives Gravley of the 67th, Turner of the 21st, Ehrhart of the 36th, Kelley of the 16th, Holcomb of the 81st and others:
A BILL to be entitled an Act to amend Code Section 40-2-20 of the Official Code of Georgia Annotated, relating to registration and license requirements, so as to provide for a temporary operating permit when a vehicle fails to pass
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federal emissions standards and certain conditions have been satisfied; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 170. By Representatives Roberts of the 155th, Burns of the 159th, Hamilton of the 24th, England of the 116th, Stover of the 71st and others:
A BILL to be entitled an Act to amend various provisions of the O.C.G.A., so as to provide for additional revenue necessary for funding transportation purposes in this state; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic; to amend Chapter 12 of Title 45 of the O.C.G.A., relating to the Governor, so as to limit the Governor's power to suspend the collection of certain motor fuel taxes and require ratification by the General Assembly; to amend Title 48 of the O.C.G.A., relating to revenue and taxation; to amend Part 3 of Article 2 of Chapter 10 of Title 32 of the O.C.G.A., the "Georgia Transportation Infrastructure Bank Act," so as to provide new criteria for determination of eligible projects by the Transportation Infrastructure Bank; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 171. By Representatives Hightower of the 68th, Ramsey of the 72nd, Jasperse of the 11th, Atwood of the 179th, Allison of the 8th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 1 of the O.C.G.A., relating to laws and statutes, so as to revise provisions relating to the effect and enforcement of foreign laws; to provide that no court, arbitration panel, administrative agency, or other tribunal shall enforce a foreign law if doing so would violate a right guaranteed by the United States Constitution or the Georgia Constitution; to provide for definitions; to provide for exceptions; to change provisions relating to forum non conveniens; to amend Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions relating to venue, so as to provide for a crossreference; 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 172. By Representatives Lumsden of the 12th, Powell of the 32nd, Hitchens of the 161st, Caldwell of the 131st, Tanner of the 9th and others:
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A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, so as to revise the types of vessels that are applicable to the operation of watercraft while under the influence of alcohol, toxic vapors, or drugs; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 173. By Representatives Jones of the 62nd, Mitchell of the 88th, Fludd of the 64th and Quick of the 117th:
A BILL to be entitled an Act to amend Code Section 44-14-162.2 of the Official Code of Georgia Annotated, relating to notice of sales made on foreclosure under power of sale, so as to provide for the inclusion of a conspicuous statement regarding the accrual of fines, fees, and taxes on the notice of foreclosure proceedings sent to a debtor; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 174. By Representatives Jones of the 62nd, Bruce of the 61st, Gravley of the 67th, Hightower of the 68th and Alexander of the 66th:
A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, the "Urban Redevelopment Law," so as to include blighted areas; to modernize terminology; to provide for the use of surface transportation projects in urban redevelopment areas; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 175. By Representatives Ehrhart of the 36th, Maxwell of the 17th, Welch of the 110th, Gravley of the 67th, Rakestraw of the 19th and others:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use taxes, so as to change the exemption from such taxes for certain jet fuel; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Ways & Means.
HB 176. By Representative Benton of the 31st:
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 include more vehicles in the definition of low-emission vehicle; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 177. By Representatives Wilkerson of the 38th, Willard of the 51st, Chandler of the 105th, Oliver of the 82nd, Welch of the 110th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to provide that certain school personnel who are required to report child abuse shall be notified upon receipt of such report and upon completion of its investigation; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 178. By Representatives Stephens of the 164th, Atwood of the 179th, Bryant of the 162nd, Parrish of the 158th and Hitchens of the 161st:
A BILL to be entitled an Act to amend Code Section 52-2-9 of the Official Code of Georgia Annotated, relating to powers of the Georgia Ports Authority, so as to reassert the power of the Georgia Ports Authority to comply with the terms of certain authorized agreements with the federal government, including terms providing for indemnification; to state the constitutional authority under which this Act is enacted; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 179. By Representatives Cooper of the 43rd, Broadrick of the 4th, Weldon of the 3rd, Hatchett of the 150th and Sims of the 123rd:
A BILL to be entitled an Act to amend Code Section 43-34-283 of the Official Code of Georgia Annotated, relating to licensure requirements for pain management clinics, so as to revise a provision relating to the health care professionals who must be on-site at a pain management clinic in order
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for the clinic to provide medical treatment or services; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 180. By Representatives Kidd of the 145th, Epps of the 144th, Yates of the 73rd, Sharper of the 177th and Peake of the 141st:
A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the War Veterans' Home, so as to revise residency requirements to qualify for admission to the War Veterans' Home; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
HR 126. By Representatives Drenner of the 85th, Henson of the 86th, Gardner of the 57th and Brooks of the 55th:
A RESOLUTION encouraging the United States Congress to pass a constitutional amendment to reverse the ruling of the United States Supreme Court in Citizens United v. Federal Election Commission; and for other purposes.
Referred to the Committee on Special Rules.
HR 127. By Representatives Allison of the 8th, Cooke of the 18th, Pezold of the 133rd, Stover of the 71st, Brockway of the 102nd and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide for the prioritized expenditure of excess state revenues, including income tax relief, in the event of a budget surplus; to provide for a short title; to provide for definitions; to provide for limitations on appropriations from the Revenue Shortfall Reserve; to provide for the authority of the General Assembly with respect to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Appropriations.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
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HB 20 HB 130 HB 132 HB 134 HB 136 HB 138 HB 140 HB 142 HB 144 HB 146 HB 148 HB 150 HB 152 HB 154 HB 156 HB 158 HB 160 HB 162 HB 164 HR 105
HB 36 HB 131 HB 133 HB 135 HB 137 HB 139 HB 141 HB 143 HB 145 HB 147 HB 149 HB 151 HB 153 HB 155 HB 157 HB 159 HB 161 HB 163 HR 104 HR 106
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 1.
By Senators Bethel of the 54th, Shafer of the 48th, Cowsert of the 46th, Henson of the 41st, Albers of the 56th 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 for certain insurance coverage of autism spectrum disorders; to provide for definitions; to provide for limitations; to provide for premium cap and other conditions; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
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353
SR 106. By Senators Orrock of the 36th, Henson of the 41st, Miller of the 49th, Parent of the 42nd, Fort of the 39th and others:
A RESOLUTION honoring the life and memory of Eston Wycliffe "Wyc" Orr, Sr.; and for other purposes.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 1.
By Senators Bethel of the 54th, Shafer of the 48th, Cowsert of the 46th, Henson of the 41st, Albers of the 56th 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 for certain insurance coverage of autism spectrum disorders; to provide for definitions; to provide for limitations; to provide for premium cap and other conditions; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Rogers of the 10th et al., Hightower of the 68th et al., Kidd of the 145th, Nix of the 69th et al., and Willard of the 51st.
Pursuant to HR 108, the House commended Maya Austin and invited her to be recognized by the House of Representatives.
Pursuant to HR 134, the House recognized the week of February 2-6, 2015, as National School Counseling Week and invited Jennifer Diaz, Stacey Miller, Gail Smith, Dr. Myrel Seigler, and Julie Hartline to be recognized by the House of Representatives.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 174. By Representatives Wilkinson of the 52nd, Jones of the 47th, Teasley of the 37th, Dollar of the 45th, Beskin of the 54th and others:
A RESOLUTION recognizing February 17, 2015, as the Building Owners and Managers Association of Georgia (BOMA Georgia) Day at the Capitol, offering best wishes for the success of the BOMA Georgia Foundation, and
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inviting 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 130 HR 131 HR 132
Do Pass Do Pass Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 130. By Representatives Rogers of the 10th, Ralston of the 7th, Cheokas of the 138th, Rakestraw of the 19th, Strickland of the 111th and others:
A RESOLUTION recognizing March 11, 2015, 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.
HR 131. By Representatives Rogers of the 29th, Tanner of the 9th, Hawkins of the 27th, Barr of the 103rd and Dunahoo of the 30th:
A RESOLUTION commending Cadet Jonathan Chase Strickland of the University of North Georgia and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 132. By Representatives England of the 116th, Quick of the 117th, Kirby of the 114th and Benton of the 31st:
A RESOLUTION commending the Bethlehem Christian Academy Knights' Baseball Team and inviting them to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House and Senate were read and adopted:
HR 175. By Representative Waites of the 60th:
A RESOLUTION commending Dr. Ryan M. Friedrich; and for other purposes.
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355
HR 176. By Representative Waites of the 60th:
A RESOLUTION commending Coach Michael Reddick of South Atlanta High School; and for other purposes
HR 177. By Representatives Powell of the 32nd, Lumsden of the 12th, Gravley of the 67th, Epps of the 144th, Jackson of the 128th and others:
A RESOLUTION honoring and commending the firefighters of Georgia and recognizing February 3, 2015, as the 43rd annual Firefighters Recognition Day at the capitol; and for other purposes.
HR 178. By Representatives Ballinger of the 23rd, Harrell of the 106th, Pak of the 108th, Holcomb of the 81st, Golick of the 40th and others:
A RESOLUTION recognizing February 3, 2015, as Catholic Day at the state capitol; and for other purposes.
HR 179. By Representatives Mabra of the 63rd, Fludd of the 64th, Ramsey of the 72nd, Yates of the 73rd and Stover of the 71st:
A RESOLUTION honoring the life and memory of Robert Jordan; and for other purposes.
HR 180. By Representatives Bentley of the 139th, Dickey of the 140th and McCall of the 33rd:
A RESOLUTION honoring the life and memory of William Lee Brown; and for other purposes.
HR 181. By Representatives Howard of the 124th, Sims of the 123rd, Smith of the 125th and Frazier of the 126th:
A RESOLUTION Recognizing January 26, 2015, as Augusta's Interfaith Coalition Day at the capitol; and for other purposes
HR 182. By Representatives Howard of the 124th, Sims of the 123rd, Smith of the 125th and Frazier of the 126th:
A RESOLUTION commending Bishop Rosa L. Williams on the occasion of her 40th pastoral anniversary; and for other purposes.
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HR 183. By Representatives Howard of the 124th, Sims of the 123rd, Smith of the 125th and Frazier of the 126th:
A RESOLUTION commending Dr. H. Kelly McKnight; and for other purposes.
HR 184. By Representatives Bentley of the 139th and Dawkins-Haigler of the 91st:
A RESOLUTION honoring the life and memory of Dr. Delores Felder; and for other purposes.
HR 185. By Representative Powell of the 32nd:
A RESOLUTION commending Mayor Ralph Owens; and for other purposes.
HR 186. By Representative Powell of the 32nd:
A RESOLUTION honoring the life and memory of Brigadier General Eugene Phillips; and for other purposes.
HR 187. By Representative Epps of the 144th:
A RESOLUTION commending REACH Georgia for its contributions to education and recognizing February 6, 2015, as REACH Georgia Day; and for other purposes.
HR 188. By Representatives Powell of the 32nd, Burns of the 159th, Gasaway of the 28th and Meadows of the 5th:
A RESOLUTION commending Corporal Craig Fulghum of the Georgia Department of Natural Resources Law Enforcement Division on being named Ranger of the Year for Region II; and for other purposes.
HR 189. By Representatives Corbett of the 174th, Carter of the 175th and Shaw of the 176th:
A RESOLUTION commending Julie Doss for being chosen as part of Team USA to compete in the 2015 Special Olympics World Summer Games; and for other purposes.
HR 190. By Representatives Dunahoo of the 30th, Hawkins of the 27th, Barr of the 103rd and Rogers of the 29th:
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357
A RESOLUTION commending Will Crain for being chosen as part of Team USA to compete in the 2015 Special Olympics World Summer Games; and for other purposes.
HR 191. By Representative Efstration of the 104th:
A RESOLUTION commending and congratulating the Hebron Christian Academy volleyball team for winning the Class A volleyball championship; and for other purposes.
HR 192. By Representative Efstration of the 104th:
A RESOLUTION commending Caroline Hinton for her superlative scholastic endeavors and amazing athletic accomplishments and congratulating her for being named the 2014 Georgia Lottery Scholar-Athlete of the Year; and for other purposes
HR 193. By Representative Efstration of the 104th:
A RESOLUTION commending Richard Holland for the contributions he has made to the education of Georgia's children and congratulating him on receiving the "Partner in Education" award; and for other purposes.
HR 194. By Representative Efstration of the 104th:
A RESOLUTION commending Boy Scout Troop 597 for the scouts' lifesaving actions on December 20, 2014; and for other purposes.
HR 195. By Representative Cheokas of the 138th:
A RESOLUTION recognizing and commending Roger Sinyard, outstanding Georgia citizen, upon the occasion of his retirement; and for other purposes.
HR 196. By Representative Golick of the 40th:
A RESOLUTION commending Sam R. Whitfield for being named Smyrna Citizen of the Year; and for other purposes.
HR 197. By Representatives Coleman of the 97th, Casas of the 107th, Cantrell of the 22nd, Caldwell of the 20th, Turner of the 21st and others:
A RESOLUTION commending Tim Cavender upon his induction into the International Santa Claus Hall of Fame; and for other purposes.
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SR 106. By Senators Orrock of the 36th, Henson of the 41st, Miller of the 49th, Parent of the 42nd, Fort of the 39th and others:
A RESOLUTION honoring the life and memory of Eston Wycliffe "Wyc" Orr, Sr.; and for other purposes.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
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359
Representative Hall, Atlanta, Georgia
Tuesday, February 3, 2015
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 E Barr Battles E Beasley-Teague Bell Belton Bennett Bentley Benton Beskin Broadrick Brockway Brooks Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carter Casas Chandler Cheokas Clark, D Clark, H Clark, V Coleman E Cooke Coomer
Cooper Corbett Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon E Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming E Floyd Fludd Frazier Frye Gardner Gasaway Geisinger Glanton Golick Gordon Gravley Greene
Hamilton Harbin Harden Harrell Hatchett Hawkins Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, L Jones, S E Jordan Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lumsden Mabra Marin Martin Maxwell McCall
E McClain Meadows Mitchell Morris Nimmer Nix Oliver O'Neal Pak Parrish Parsons Peake Petrea Pezold Powell, A Powell, J Prince Quick Rakestraw Ramsey Randall
E Reeves Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott
E Setzler Sharper Shaw Sims Smith, E
Smith, L Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R E Stephenson Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner Waites Watson Welch Werkheiser 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, Bruce of the 61st, Jacobs of the 80th, Mayo of the 84th, Mosby of the 83rd, Pruett of the 149th, Stovall of the 74th, and Weldon of the 3rd.
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They wished to be recorded as present.
Prayer was offered by Archbishop Wilton Daniel Gregory, Archdiocese of Atlanta, Smyrna, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 30. By Representatives Mitchell of the 88th and Stover of the 71st:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to prohibit local boards of education from seeking or maintaining accreditation by an accrediting entity which does not make its records relating to sanctions it imposes open for inspection and copying; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
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HB 181. By Representative Bentley of the 139th:
A BILL to be entitled an Act to amend an Act to reincorporate and provide a new charter for the City of Marshallville in Macon County, approved March 19, 1987 (Ga. L. 1987, p. 3993), so as to revise the manner of filling a vacancy in the office of mayor or councilmember; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 182. By Representative Setzler of the 35th:
A BILL to be entitled an Act to amend Code Section 40-5-67.1 of the Official Code of Georgia Annotated, relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit to testing, and suspension of licenses, so as to clarify provisions relating to acquisition of evidence; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 183. By Representatives Knight of the 130th, Petrea of the 166th, Peake of the 141st, Dempsey of the 13th, Randall of the 142nd and others:
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 include contractual arrangements with licensed independent contractors; to revise exempt services; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 184. By Representatives Williamson of the 115th, Morris of the 156th, Fludd of the 64th, Knight of the 130th, Coomer of the 14th and others:
A BILL to be entitled an Act to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so to extensively revise said title; to provide for definitions relative to banking and finance; to provide for standards of notice for the Department of Banking and Finance; to provide for rules and regulations of the department; to provide for the deposit of funds in merchant acquirer limited purpose banks; to provide for related matters; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Banks & Banking.
HB 185. By Representatives Shaw of the 176th, Efstration of the 104th, Taylor of the 173rd, Smith of the 134th, Williamson of the 115th and others:
A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to extensively revise the "Standard Valuation Law"; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 186. By Representatives Setzler of the 35th, Gravley of the 67th and Dunahoo of the 30th:
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 within certain school safety zones and at school functions; to provide for and change definitions; to change provisions relating to exemptions for carrying weapons within school safety zones; to harmonize provisions enacted by 2014 House Bills 60 and 826; to amend Code Section 17-5-52.1 of the Official Code of Georgia Annotated, relating to disposal of forfeited or abandoned firearms, so as to correct a cross-reference; to change provisions relating to carrying weapons in unauthorized locations; 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 187. By Representatives Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended, particularly by an Act approved April 11, 2012 (Ga. L. 2012, p. 5132), so as to provide the corporate boundaries of such city; to change provisions relative to the filling of vacancies; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
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HB 188. By Representative Shaw of the 176th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for Lanier County, approved March 7, 1933 (Ga. L. 1933, p. 602), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3768), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for the manner of election; to provide for the continuation in office of current members; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 189. By Representative Shaw of the 176th:
A BILL to be entitled an Act to amend an Act creating a new Board of Education of Lanier County, approved March 13, 1970 (Ga. L. 1970, p. 2709), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3763), so as to revise the education districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for terms and continuation in office of current members; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 190. By Representatives Golick of the 40th, Smith of the 134th, Maxwell of the 17th and Powell of the 32nd:
A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide insurance requirements for transportation network companies and their drivers; to provide for definitions; to provide for minimum liability limits; to provide for certain disclosures; to provide for certain notifications; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 191. By Representatives Efstration of the 104th, Rice of the 95th, Harrell of the 106th, Kirby of the 114th, Hitchens of the 161st and others:
A BILL to be entitled an Act to amend Chapter 14 of Title 47 the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to provide for creditable service for certain prior
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service in the armed forces of the United States; to provide a short title; to provide a definition; to provide for application and payment; to provide for regulations; to provide for related matters; 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 192. By Representative Powell of the 32nd:
A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, so as to provide that elected officials of counties, municipal corporations, school districts, and consolidated governments shall be reimbursed for expenses only through the submission of expense reimbursement requests; to prohibit an elected official of a county, municipal corporation, school district, or consolidated government from being issued or authorized to use a government purchasing card or government credit card; to provide for the promulgation of certain policies; to provide for access to certain records; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 193. By Representatives Rogers of the 29th, Mabra of the 63rd, Shaw of the 176th, Smith of the 134th and Teasley of the 37th:
A BILL to be entitled an Act to amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide for the "Life Insurance Consumer Disclosure Model Act"; to provide for written notice to certain life insurance policyholders that request the surrender of, a loan against, or accelerated death benefit, nursing home benefit, critical illness benefit, or any other living benefit under a life insurance policy; to provide for a short title; to provide for definitions; to provide for the written notice provisions; to provide that the written notice shall be promulgated by rules and regulations by the Commissioner; to provide for penalties; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 194. By Representatives Hamilton of the 24th, Rynders of the 152nd, Powell of the 32nd, Powell of the 171st, Brockway of the 102nd and others:
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A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to revise advance voting times and dates; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 195. By Representatives Cooper of the 43rd, Randall of the 142nd, Kelley of the 16th, Dempsey of the 13th, Rynders of the 152nd and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for substitutions of interchangeable biological products; to define certain terms; to provide for requirements and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 196. By Representatives Reeves of the 34th, Powell of the 171st, Ramsey of the 72nd, Hightower of the 68th, Pak of the 108th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of proceedings, so as to change provisions relating to reversal on appeal when a judge expresses an opinion regarding proof in a criminal case or as to the accused's guilt; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 197. By Representatives Jacobs of the 80th, Willard of the 51st, Fleming of the 121st, Evans of the 42nd, Welch of the 110th and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 9, Title 11, and Chapter 2 of Title 18 of the O.C.G.A., relating to verdict and judgment, the commercial code, and debtor and creditor relations; to repeal the "Georgia Foreign Money Judgments Recognition Act" and enact the "Uniform Foreign-Country Money Judgments Recognition Act"; to amend Titles 7, 10, 40, and 52 of the O.C.G.A., relating to banking and finance, commerce and trade, motor vehicles and traffic, and waters of the state, ports, and watercraft; to amend Article 3 of Chapter 3 of Title 9 and Code Section 1714-17 of the O.C.G.A., relating to limitations on recovery for deficiencies connected with improvements to realty and resulting injuries and fraudulent
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transfers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 198. By Representatives Dempsey of the 13th, Dickson of the 6th, Cooper of the 43rd, Chandler of the 105th, Coleman of the 97th and others:
A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to require annual suicide prevention education training for certificated school system personnel; to provide that no cause of action is created; to provide that no duty of care is created; to provide a short title; to provide for legislative findings; 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 165 HB 167 HB 169 HB 171 HB 173 HB 175 HB 177 HB 179 HR 126 SB 1
HB 166 HB 168 HB 170 HB 172 HB 174 HB 176 HB 178 HB 180 HR 127
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 47 Do Pass, by Substitute
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Respectfully submitted, /s/ Cooper of the 43rd
Chairman
Representative Tankersley of the 160th 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 36 HB 88 HB 102 HB 148
Do Pass Do Pass Do Pass Do Pass
HB 67 HB 101 HB 125
Do Pass, by Substitute Do Pass Do Pass
Respectfully submitted, /s/ Tankersley of the 160th
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 House and has instructed me to report the same back to the House with the following recommendation:
HB 52 Do Pass
Respectfully submitted, /s/ Weldon of the 3rd
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 36. By Representatives Randall of the 142nd, Epps of the 144th, Peake of the 141st, Dickey of the 140th and Beverly of the 143rd:
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A BILL to be entitled an Act to amend an Act entitled "Macon Water Commissioners - Pension Plan," approved December 30, 1953 (Ga. L. 1953, p. 2831), as amended, particularly by an Act approved May 1, 2012 (Ga. L. 2012, p. 5637), so as to repeal a provision permitting the assignment of pension rights; to 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 67. By Representative Kidd of the 145th:
A BILL to be entitled an Act to provide for the unified government of Milledgeville-Baldwin County; to provide for boundaries and districts; to provide for powers and duties; to provide for organization, qualifications, election, terms, and filling of vacancies; to provide for associated offices, departments, and agencies; to provide for budgets and financial matters; to provide for a transition period; to provide for the repeal of certain Acts; to provide for a referendum; 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 for the unified government of Milledgeville-Baldwin County; to provide for boundaries and districts; to provide for powers and duties; to provide for organization, qualifications, election, terms, and filling of vacancies; to provide for associated offices, departments, and agencies; to provide for budgets and financial matters; to provide for a transition period; to provide for the repeal of certain Acts; to provide for a referendum; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I Power of Unified Government UNIFICATION, CREATION, BOUNDARIES, STATUS, AND POWERS OF UNIFIED GOVERNMENT
SECTION 1-101. Unification of county and city; creation of unified government.
(a) The new government shall be known as the Milledgeville-Baldwin County Unified Government. This unification shall result in the creation and establishment of a single
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government with powers and jurisdiction throughout the territorial limits of Baldwin County, which single government shall supersede and replace the governments of the City of Milledgeville and Baldwin County. Such county-wide government shall be a new political entity, a body politic and corporate, and a political subdivision of the state, to be known as "Milledgeville-Baldwin County, Georgia," having all the governmental and corporate powers, duties, and functions heretofore held by and vested in the City of Milledgeville and Baldwin County, and also the powers, duties, and functions provided in this charter. The unified government shall be a public corporation; shall have perpetual existence; shall adopt a common seal; shall, without the necessity or formality of a deed, bill of sale, or other instrument of transfer, own, possess, and hold all the properties of whatsoever kind or nature, assets, contracts, franchises, things, rights, privileges, immunities, and real and personal property theretofore owned, possessed, enjoyed, or held by the City of Milledgeville or Baldwin County; and by the name of MilledgevilleBaldwin County, Georgia, shall be capable of suing and being sued when authorized by this charter and by the Constitution and laws of the State of Georgia. From and after the effective date of this charter, the political subdivision known as Baldwin County, Georgia, and the municipal corporation known as the City of Milledgeville, Georgia, shall be unified into the said new political entity created in this charter. (b) Milledgeville-Baldwin County, Georgia, shall encourage the meaningful involvement in its operations of all citizens of Milledgeville-Baldwin County. This government shall comply with the United States Civil Rights Act of 1964 and 1972 as well as federal and state employment law where applicable. State of Georgia home rule statutes shall also apply where applicable. (c) The unification of the governments of the City of Milledgeville and Baldwin County is authorized pursuant to the provisions of Article IX, Section III, Paragraph II(a) of the Constitution of Georgia of 1983, as amended. (d) When the term "Milledgeville-Baldwin County Commission" or "commission" is used in this charter, unless a contrary meaning is clearly apparent from the context, such term shall include the mayor, vice mayor, and commissioners.
SECTION 1-102. Boundaries.
Milledgeville-Baldwin County, Georgia, shall embrace the total area included within the existing territorial limits of Baldwin County as such limits are fixed and established on the effective date of this charter. However, such limits may be altered and changed from time to time as provided by the Constitution and laws of the State of Georgia pertaining to counties.
SECTION 1-103. Status as municipal corporation and county.
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Milledgeville-Baldwin County, Georgia, shall be deemed to be both a municipal corporation and a county throughout the total territory of said government. It is the express intention of this section to declare as a city and as a part of the unified government all of the area of Baldwin County.
SECTION 1-104. Powers.
(a) Milledgeville-Baldwin County, Georgia, shall have all powers of self-government authorized by the Constitution and not otherwise prohibited by the laws of Georgia. (b) In addition to the foregoing, the unified government shall have and be vested with, to the same extent as if herein repeated, all rights, powers, duties, privileges, and authority that the mayor and council of the City of Milledgeville or the Commission of Baldwin County, or both, have under the Constitution and general and local laws of the State of Georgia at the time of adoption of this charter. This authority shall include, but shall not be limited to, the authority to adopt home rule ordinances and resolutions as provided in Article IX, Section II of the Constitution of the State of Georgia. (c) In addition to the foregoing, the unified government shall have all rights, powers, duties, privileges, and authority herein conferred or herein enlarged, and such other rights, powers, duties, privileges, and authority as may be necessary and proper for carrying the same into execution, and also all rights, powers, duties, privileges, and authority, whether express or implied, that may be now vested in or hereafter granted to counties or municipal corporations, or both, by the Constitution and laws of the State of Georgia, including the powers vested in the unified government by this charter. (d) The unified government, in addition to the rights, duties, powers, privileges, and authority expressly conferred upon it by this charter, shall have the right, duty, power, privilege, and authority to exercise and enjoy all other powers, duties, functions, rights, privileges, and immunities necessary and proper to promote or protect the safety, health, peace, security, and general welfare of said government and its inhabitants and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein and to do and perform all of the acts pertaining to its property, affairs, and local government which are necessary or proper in the legitimate exercise of its corporate powers and governmental duties and functions. (e) No enumeration of any right, power, privilege, or authority provided in other sections of this charter shall be construed as limiting or abolishing any right, power, and privilege or authority set forth in this section. (f) In addition to and supplementary to all other powers which it may possess, and by way of illustration and not of limitation, the unified government shall have the powers specifically enumerated in Section 8-114 of this charter.
SECTION 1-105. Taxing districts.
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(a) The unified government shall divide the county into two or more taxing districts which shall be known as "services districts"; provided, however, that at least one of such districts shall be known as the general services district. The general services district shall embrace the total geographic area of Milledgeville-Baldwin County. In addition, the board of commissioners shall initially establish at least one urban services district which shall embrace such territory for which provision is made by the commission for additional or higher levels of services than are provided uniformly throughout the territory of the unified government. (b) Taxes shall be assessed, levied, and collected in accordance with the kind, character, type, degree, and level of services provided by the government within such services districts; and the rate and manner of taxation may vary in any one district from that in another or other districts. (c) The unified government may also establish special services districts which shall embrace such territory or territories for which provision is made by the commission for additional or higher levels of services provided by the unified government. (d) In the establishment of future services district or districts, the commission shall hold one or more public hearings thereon at which all interested persons affected thereby shall have an opportunity to be heard. Notice of the time, place, and date of such hearings shall be published in the official legal organ of Milledgeville-Baldwin County at least once a week during the two weeks immediately preceding the date of the hearing. (e) The unified government shall be empowered to exercise and provide within the general services district and within any urban and special services district established by this charter or by ordinance of the commission those powers, functions, and services which have previously been exercised and provided by Baldwin County or the City of Milledgeville, or both; all powers, functions, and services authorized by this charter and any amendments thereto; and all powers, functions, and services which counties or municipal corporations, or both, are now or are hereafter authorized to exercise under the Constitution and laws of the State of Georgia. (f) The unified government shall perform within the general services district those governmental duties, functions, and services which are generally available and accessible to all residents throughout the total area of said government. (g) The unified government shall perform within its urban services districts those additional, more comprehensive and intensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such urban services districts. (h) The unified government shall perform within its special services districts those additionally selected, more comprehensive, intensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such special services districts. (i) Except as otherwise provided by this charter, urban and special services districts of the unified government shall be created, expanded, merged, consolidated, or reduced only by an ordinance duly adopted by the commission under such general rules, procedures, regulations, requirements, and specifications as established by the commission; provided,
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however, that no new urban or special services district shall be created or existing urban or special services district expanded, abolished, merged, consolidated, or reduced without providing an opportunity for interested persons to be heard by publishing a notice of a public hearing on the proposed expansion, abolishment, merger, consolidation, reduction, or creation of an urban or special services district in the official legal organ of Milledgeville-Baldwin County, Georgia, at least once a week during the two weeks immediately preceding the date of hearing. Such rules and regulations shall set forth the manner and method for the creation of new urban and special services districts; the expansion, abolishment, consolidation, reduction, or merger of existing urban or special services districts; requirements for defining functions and policies for rendering services; changes in levels of services within existing services districts; the transfer of territory from one services district to another; requirements for defining boundaries of services districts; procedures for the expansion, abolishment, reduction, or consolidation of existing services districts; and requirements for defining boundaries of services districts. (j) The unified government is empowered to create new services and eliminate existing services by the same procedures and methods stated in this section. (k) Citizens of any area in the county may request additional services by petitioning the unified government according to the rules, procedures, and guidelines established by the unified government. The unified government shall hold public hearings as outlined in the services district modification procedure stated in this section and shall consider all comments received prior to reaching a final decision.
SECTION 1-106. Construction.
The powers of the unified government shall be construed liberally in favor of the unified government. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general powers of the unified government as provided in this article. It is the intention hereof to grant to the unified government full power and right to exercise all governmental authority authorized by the Constitution and laws of Georgia which is necessary for the effective operation and conduct of the unified government within its territory and for the conduct of all of its affairs.
ARTICLE II Legislative Make-up UNIFICATION, CREATION, BOUNDARIES, STATUS, AND POWERS OF UNIFIED GOVERNMENT. SECTION 2-101. Organization, oath, rules, quorum, records; vice chair.
(a)(1) The unified government provides for the creation of the Milledgeville-Baldwin County Commission as its governing body.
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(2)(A) The commission shall be composed of five commissioners elected from districts and a mayor and vice mayor who shall be elected at large. For the purpose of electing members of the commission, Milledgeville-Baldwin County shall be divided into five commissioner districts. One member of the commission shall be elected from each such district. The five commissioner districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as "Plan: MillBaldCC-2015 Plan Type: Local Administrator: H145 User: Gina".
(B)(i) For the purposes of such plan: (I) The term "VTD" shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (II) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.
(ii) Any part of Milledgeville-Baldwin County which is not included in any district described in subparagraph (a)(2)(A) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (iii) Any part of Milledgeville-Baldwin County which is described in subparagraph (a)(2)(A) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) After the initial election of the mayor, vice mayor, and commission members as provided in Section 6-301 of this charter, the mayor, vice mayor, and commission members shall be elected to four-year terms of office and until their respective successors are elected and qualified. The Milledgeville-Baldwin County Commission (also referred to as "commission", "board of commissioners", or "board") shall meet for organization and swearing in purposes on the first Tuesday after January 1 following its election or as soon thereafter practicable. At this meeting, the newly elected commissioners shall each take the following oath of office, to be administered by the judge of the probate court: "I do solemnly swear (or affirm) that I will well and truly perform the duties of commissioner of the unified government of Milledgeville-Baldwin County, Georgia, and that I will support and defend the charter thereof, as well as the Constitution and laws of the State of Georgia and of the United States of America, so help me God."
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(b) The commission, by majority vote, shall adopt rules of procedure governing the transaction of its business consistent with the provisions of this charter; shall set by ordinance the time, date, and place for regular meetings, which will be held at least once each month; and shall provide for keeping minutes of its proceedings by the clerk as provided for by the charter. The commission may opt to hold more than one regular monthly meeting or may choose to hold a regular monthly work session. In either case, the number and type of meeting shall be established annually by majority vote. (c) At its first organizational meeting, the commission shall select the date when it will hold its regular monthly meetings. (d) Four of the seven members of the commission shall constitute a quorum for the transaction of business; however, a smaller number may adjourn from time to time. (e) Special meetings of the commission may be called by the mayor or by a quorum of commissioners upon no less than 24 hour notice. Written notice of such meeting shall be served personally on each member or left at the usual place of business or residence of such member. Such notice of a special meeting may be waived in writing either before or after such meeting. Subject to subsection (d) of Code Section 50-14-l of the O.C.G.A., special meetings may be held at any time without notice to all commissioners, upon attendance at such meeting by all members of the commission, or by waiver of notice of those not in attendance. (f) All meetings of the commission, except for those exceptions provided for in general law, shall be public; and any citizen shall have access to the minutes and records thereof at reasonable times. (g) In the absence of the mayor for any reason, the vice mayor shall preside over meetings and discharge the duties of mayor until either the return of the mayor or the election of a new mayor. While serving as the mayor, the vice mayor shall have the same powers as the mayor.
SECTION 2-102. Powers of the commission.
(a) All legislative powers of the unified government of Milledgeville-Baldwin County, Georgia, including any powers which may hereafter be conferred by law upon said government, shall be vested exclusively in the mayor and the commission in accordance with the provisions of this charter. (b) The unified government, in addition to the rights, duties and powers, privileges, and authority expressly conferred upon it by this charter, shall have the right, duty, power, privilege, and authority to exercise and enjoy all other powers, duties, functions, rights, privileges, and immunities necessary and proper to promote or protect the safety, health, peace, security, and general welfare of said government and its inhabitants and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated in this charter to do and perform all the acts pertaining to its local affairs, property, and government that
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are necessary or proper in the legitimate exercise of its corporate powers and governmental duties and functions. (c) No repeal of any law under which the unified government derives any right, power, privilege, or authority, except by amendment of this charter as provided in this charter, shall be construed as limiting or abolishing any such right, power, privilege, or authority set forth in this charter. (d) The general laws of the State of Georgia of a criminal nature shall be applicable to and within the limits of the unified government. General laws of local application through classification by population not in conflict with this charter which, on the effective date of this charter, apply to the City of Milledgeville or Baldwin County which are applicable to the unified government and which apply to the unified government as either a city or a county at the time of their enactment or thereafter shall be effective, but those which did not apply to the City of Milledgeville or Baldwin County or the unified government at the time of their enactment shall not become applicable to the unified government except through the adoption of a resolution to that effect by the commission. (e) Local Acts of the State of Georgia which apply specifically to Baldwin County, or the City of Milledgeville, or both collectively, shall be applicable to the unified government. (f) In construing the applicability of provisions of the Constitution and the general laws of Georgia which apply in general terms to either counties or municipalities, or both, and local Acts of the General Assembly that apply specifically to Baldwin County, the City of Milledgeville, or all collectively, the following terms as used in such laws shall be construed to include the unified government as follows:
(1) "Board of commissioners" shall be construed to include the commission of Milledgeville-Baldwin County, Georgia; (2) "City," "town," "municipal corporation," or "municipality" shall be construed to include Milledgeville-Baldwin County, Georgia; (3) "Council," "mayor," "mayor and council," and "county commissioners" shall be construed to include the commission of Milledgeville-Baldwin County, Georgia; and (4) "County" means Milledgeville-Baldwin County, Georgia. Any other terms and provisions as used in such Acts to refer specifically to Baldwin County or the City of Milledgeville or both collectively shall include employees, departments, and agencies of such entities. (g) In construing the applicability of laws in force to the unified government, the following order shall prevail: (1) The Constitution of the State of Georgia; (2) The general laws of uniform application now in force or hereafter enacted by the General Assembly, as distinguished from general laws of local application through classification by population, applicable to municipal corporations or counties or both; (3) The general laws of local application through classification by population as and to the extent provided in subsection (b) of this section; (4) Special laws applicable to Baldwin County, not in conflict with this charter;
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(5) Special laws applicable to the City of Milledgeville, not in conflict with this charter; (6) This charter and all ordinances and resolutions passed pursuant thereto; and (7) Existing ordinances and resolutions of the former City of Milledgeville and existing ordinances and resolutions of the former County of Baldwin not in conflict with this charter. (h) The tort and nuisance liability of the unified government shall follow the law and rules of tort liability applicable to counties in Georgia. (i) For purposes of applicable laws, the unified government shall constitute a municipality and a county, or both. Except as otherwise provided by this charter, if a law applicable to municipalities and the same or another law applicable to counties are in conflict, the law applicable to counties shall prevail. (j) The unified government shall have the power and authority to participate in, cooperate in, and take all necessary action with respect to any and all projects, programs, and undertakings of any nature authorized by any statute, rule, or regulation of the United States, the State of Georgia, or any federal or state agency or instrumentality, including, but not limited to, community development, highways, aviation, aviation terminals, airports, airport facilities, municipal area or regional development, water and sewage disposal, public housing, housing for the aged, and transportation or mass transit or any phase thereof; to borrow money and issue promissory notes, general obligation bonds, or revenue bonds, or any combination thereof, for any such purposes in accordance with the provisions of this charter; and to execute mortgages or deeds of trust in favor of any federal agency, secured by property of which the restructured government is the legal or beneficial or equitable owner, or in favor of any private agency where the loan is guaranteed by a federal agency. (k) In addition to its legislative powers, the commission shall specifically have the power to: (1) Adopt and, as needed, amend the annual balanced budget by a majority vote; (2) Approve or reject recommendations concerning the appointments of the manager and attorney by a majority vote; (3) Remove from office the manager, attorney, or auditor by majority vote; and (4) Suspend the rules by a majority vote. (l) In the exercise of its powers, the commission shall adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with the charter, as may be necessary or proper for the purpose of carrying into effect the powers conferred by this charter and for the promotion and protection of the safety, health, peace, security, and general welfare of the inhabitants of the unified government and may enforce such ordinances, resolutions, rules, and regulations by imposing penalties for violations thereof, as prescribed by ordinance, by a fine that shall not to exceed $1,000.00, or by imprisonment for a period not to exceed six months. (m) Except as otherwise provided by the Constitution, general or local law, or this charter, the commission may by ordinance create, change, alter, combine, abolish, consolidate, and redefine the manner of appointment, membership, powers, and duties of
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bureaus, boards, commissions, departments, divisions, authorities, offices, and agencies of the unified government, including positions of public office, and may transfer and delete functions and assign additional functions to any bureaus, offices, agencies, departments, divisions, boards, authorities, commissions, and positions of public employment existing under this charter. The commission may by ordinance transfer all the assets, liabilities, and obligations thereof to a department, a division, or other unit of a department of the unified government which shall have the power and duty to perform and exercise all the functions and powers previously performed and exercised by such previous board, commission, authority, division, agency, bureau, office, department, or position of public employment. This subsection shall not apply to any authorities or boards which were created by either a local constitutional amendment or by a local Act of the General Assembly. (n) The commission shall have the power to conduct or cause to be conducted inquiries and investigations of the operations of any office, department, or agency or the conduct of any officer or employee thereof administering the affairs of the unified government. In conducting inquiries and investigations, the commission shall have the right to administer oaths; subpoena witnesses, documents, records or other evidence; take testimony; and require the production of evidence. The conduct of proceedings at commission inquiries and investigations shall be subject to such rules and regulations as the commission may prescribe by general ordinance. (o) The commission shall provide for the form of oaths and the amount and condition of surety bonds as may be required of any officer or employee of the unified government. (p) The commission shall have and exercise such other powers as conferred upon it by this charter and the laws of Georgia.
SECTION 2-103. Filling of vacancies.
(a) In the event that the office of a member of the commission becomes vacant by reason of death, resignation, or any other cause, and the term will expire in less than 180 days, the vacant position shall be filled by appointment by the remaining members of the commission. Any individual so appointed shall have the same qualifications required for election to the office. (b) If the term of the vacant commission position will continue for more than 180 days, a special election shall be held as provided in this charter and general state law to elect a new member of the commission to serve for the remainder of the term.
SECTION 2-201. Legislation by ordinance.
Every official act of the commission which is to have the force and effect of law shall be by ordinance and shall begin with the words: "The Commission of Milledgeville-Baldwin
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County, Georgia, hereby ordains". All other acts of the commission shall be by resolution or shall take such other form as prescribed by its rules.
SECTION 2-202. Introduction, consideration, and passage of ordinances and resolutions.
(a) Every proposed ordinance and every amendment shall contain not more than one subject which shall be expressed clearly in its title. (b) It shall be the duty of the attorney to review all ordinances prior to introduction to the commission in order to discern the draftsmanship and impact of the proposed ordinance. After such review, copies of such ordinance shall be prepared by the clerk of the commission and distributed to each member of the commission. (c) Every proposed ordinance shall be in writing, and each commissioner shall receive a copy. Such proposed ordinance shall be introduced by reading the title thereof at a regular monthly meeting or a properly called special meeting of the commission. Any new ordinances or amended ordinances shall be introduced at one meeting and acted on at the next or a later meeting. Rules may be suspended for exigent circumstances by majority vote. Exigent circumstances shall be defined as natural disasters or any event affecting the public order. (d) The adoption of any ordinance shall require a majority vote. (e) The passage of all ordinances shall be contingent upon the recording of the "ayes" and "nays" of each person voting and the names of each person voting for and against each proposed ordinance or amendment. The names of those abstaining and those absent shall be entered upon the minutes of the proceedings of the commission.
SECTION 2-203. Submission of ordinances to mayor; effective date.
Every ordinance or resolution adopted by the commission shall be certified by the clerk of the commission and presented to the Milledgeville-Baldwin County mayor within two business days following its adoption.
SECTION 2-204. Authentication; recording.
The clerk of the commission shall authenticate by signature and record in full in a properly indexed book kept for that purpose all ordinances and resolutions adopted by the commission.
SECTION 2-205. Codes of technical regulations.
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(a) The commission may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be prescribed for ordinances generally, except that the requirements of subsection (c) of Section 2-202 of this charter for distribution of copies of the ordinance to each commission member shall be construed to include copies of the code of technical regulations. Copies of the code of technical regulations shall be maintained in the clerk's office, as well as the adopting ordinance, and shall be authenticated by the clerk as provided in Section 2-204 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for public inspection and for purchase at a reasonable price as fixed by the commission.
SECTION 2-206. Codification and printing of ordinances.
(a) The commission shall, within two years of the effective date of this charter, provide for the preparation of general codification of all ordinances of a general or permanent nature. Such code shall be adopted by the commission by ordinance and shall be published promptly in loose-leaf form, together with all amendments thereto, this charter, and amendments hereto, and such codes of technical regulations and other rules and regulations as the commission may specify. This compilation shall be known and cited officially as the "Code of Milledgeville-Baldwin County, Georgia." As determined by the commission, copies of the code shall be furnished to officers, departments, and agencies of the unified government; placed in libraries and public offices for public reference; and made available for purchase by the public at a reasonable price. (b) Following publication of the first Code of Milledgeville-Baldwin County, Georgia, from time to time thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be in a suitable form for integration therein.
SECTION 2-207. Prima facie evidence.
A record or entry made by the clerk of commission of a copy of such record or entry, duly certified by the clerk of commission, shall be prima facie evidence of the terms of every ordinance and its due adoption.
SECTION 2-301. Conflict of interest.
No elected official, appointed officer, or employee of Milledgeville-Baldwin County, Georgia, or any agency or political entity to which this charter applies shall knowingly:
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(1) Engage in any business or transaction in which the person has a financial interest which is incompatible with the proper discharge of official duties; (2) Disclose confidential information concerning the property, government, or affairs of the governmental body by which such person is engaged or is a member of without proper legal authorization or use that information to advance the financial or other private interest of such person or others; (3) Accept any gift that has a value of $100.00 or more from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in business dealings with the governmental body of which he or she is a member or by which such person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with a campaign; (4) Represent private interests other than his or her own in any action or proceeding against Milledgeville-Baldwin County, Georgia, or any portion of its government; or (5) Vote or otherwise actively participate in the negotiation or the making of any contract between Milledgeville-Baldwin County, Georgia, and any business or entity in which he or she has a financial interest.
SECTION 2-302. Disclosure.
Any elected official, appointed officer, or employee of the unified government or of any board, commission, authority, or agency thereof who has any private financial interest, direct or indirect, in any contract or matter pending before or within any department of the unified government shall disclose such private interest to the commission. Any commissioner who has a private interest in any matter pending before the commission shall disclose such private interest, and such disclosure shall be entered on the records of the commission; and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any board, commission, authority, or agency of the unified government who has any private financial interest, direct or indirect, in any contract or matter pending before or within such entity shall disclose such private interest to the commission.
SECTION 2-303. Testimony of public officials relating to public affairs.
Any officer or employee of the unified government or of any board, commission, authority, or agency thereof who is duly and properly called a witness before any unified government, state, or federal judicial or administrative tribunal, who before such tribunal fails to answer any proper question concerning his or her performance, shall be guilty of a violation of this charter; provided, however, that Garrity rights and fifth amendment constitutional protections are honored.
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SECTION 2-304. Contracts voidable and rescindable.
Any contract between the unified government or any board, commission, authority, agency, or entity thereof made in violation of the provisions of this charter shall be voidable or rescindable at the option of the commission at any time if any elected official, appointed officer, or employee of such unified government or board, commission, authority, or agency thereof has any interest in such contract and does not disclose such interest in accordance with Section 2-302 of this charter.
SECTION 2-305. Hearings and determinations; penalties for violation.
(a) Upon the sworn complaint of any person alleging facts which, if true, would constitute a violation of this charter, the commission shall appoint an ethics committee consisting of three persons to consider such complaint. Such committee shall be selected by the commission from the following public officers of Milledgeville-Baldwin County: the clerk of superior court, the judge of the probate court, the tax commissioner, the district attorney, and the solicitor of the state court. The ethics committee may conduct a public hearing at which the accused shall be given an opportunity to be heard, either personally or through counsel. At the conclusion, based thereon, the committee shall make a determination concerning the propriety of the conduct of the official or employee in question and shall report such determination to the commission. If the ethics committee finds a violation, then the commission may impose such sanctions as if deems appropriate under this charter. (b) Any officer or employee of the unified government or of any board, commission, authority, or agency thereof who is found to have knowingly concealed his or her personal financial interest, or who is found to have knowingly violated any of the requirements of this charter, shall be deemed guilty of malfeasance in office or position. If such decision is upheld after all reviews and appeals provided by the unified government have been exhausted, the officer or employee shall be subject to such punishment as may be deemed appropriate by the commission and which may include forfeiture of office or position. (c) Any officer or employee of the unified government or of any board, commission, authority, or agency thereof who forfeits his or her office or position as described in subsection (b) of this section shall be ineligible for appointment or election to or employment in a position in the unified government or of any board, commission, authority, or agency thereof for a period of three years thereafter.
SECTION 2-306. Recall of elected officials.
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Upon adoption of this charter, a process for recall of elected officials shall be established in accordance with state law.
SECTION 2-307. Code of ethics.
Within three months after taking office, the initial Milledgeville-Baldwin County Commission shall adopt a code of ethics for elected officials.
ARTICLE III UNIFIED GOVERNMENT HEAD
SECTION 3-101. Head of government; election; term of office; qualification; disqualification.
(a) There is hereby created the office of Milledgeville-Baldwin County Commission chairperson who shall be known as the mayor. Except as otherwise provided for an initial term of office, this position shall be elected at large by the voters of the unified government and shall serve for a term of four years and until a successor is qualified and elected. (b) Except as otherwise provided for initial terms of office, the term of office of all members of the Milledgeville-Baldwin County Commission shall be four years and until their successors are elected and qualified, except that a person appointed to fill a vacancy on the commission shall serve only for the balance of the unexpired term as provided in Section 2-103 of this charter. All terms of office shall commence at the first regular meeting in January following the election.
SECTION 3-102. Salary and expenses.
(a) The salary of each commissioner, other than the mayor and vice mayor, shall be $15,000.00 per year, payable in equal monthly installments. The vice mayor's salary shall be $20,000.00 per year, payable in equal monthly installments. (b) In addition to their salaries, commissioners shall be reimbursed for all direct expenses incurred in carrying out the duties and responsibilities of the unified government. (c) The salary and expenses of members of the commission may be changed by ordinance, subject to the following conditions:
(1) No action to increase the salary or expenses of commissioners shall be taken until notice of intent to take the action has been published in the official legal organ of Milledgeville-Baldwin County, Georgia, at least once a week for three successive weeks immediately preceding the week during which the action is taken; (2) Salary increases shall not take effect until after the next commission is elected and seated; and
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(3) Increases in expense reimbursements shall take effect upon the affirmative action of the commission.
SECTION 3-103. Qualifications of office.
(a) To be eligible for election to the office of mayor or vice mayor, a person, on the date of his or her election, shall:
(1) Have attained the age of 25 years; (2) Have resided in the territory of Milledgeville-Baldwin County, Georgia, for at least one year immediately preceding the date of election and shall continue such residence therein during the term of office; (3) Be a registered voter of Milledgeville-Baldwin County, Georgia; and (4) Meet any other requirements as established by law. (b) To be eligible for election to the Milledgeville-Baldwin County Commission, a person, on the date of his or her election, shall: (1) Have attained the age of 21 years; (2) Have resided in the territory of Milledgeville-Baldwin County, Georgia, for at least one year immediately preceding the date of election and shall continue such residence therein during the term of office and shall have resided in their election district for at least one year; (3) Be a registered voter of Milledgeville-Baldwin County, Georgia; and (4) Meet any other requirements as established by law. (c) No person elected to the Milledgeville-Baldwin County Commission or as mayor or vice mayor shall, during that person's term of office, hold any other federal, state, or local elective government office.
SECTION 3-104. Compensation for mayor.
(a) The mayor shall receive as compensation for the services of the office an annual salary of $35,000.00, payable in equal monthly installments. (b) In addition to such salary, the mayor shall be reimbursed for all direct expenses incurred in carrying out the duties and responsibilities of the unified government. (c) The salary and expenses of the mayor may be changed by ordinance, subject to the following conditions:
(1) No action to increase the salary shall be taken until notice of intent to take the action has been published in the official legal organ of Milledgeville-Baldwin County, Georgia, at least once a week for three successive weeks immediately preceding the week during which the action is taken; (2) Salary increases shall not take effect until after the next commission is elected and seated; and
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(3) Increases in expense reimbursement shall take effect upon the affirmative action of the commission.
SECTION 3-105. Powers and duties of mayor.
The mayor shall: (1) Serve as the official representative of Milledgeville-Baldwin County, Georgia, including serving as the unified government's representative to federal, state, and local governmental bodies and officials; (2) Appoint a county manager, who shall be subject to confirmation by a majority of the commission; (3) Initiate the process, with the involvement of commissioners and appropriate staff, to search and screen candidates for the positions of attorney, auditor, and commission clerk and appoint candidates for such positions subject to confirmation by a majority vote of the entire commission; (4) Remove the county manager, attorney, commission clerk, and auditor for cause subject to the concurrence by a majority of the entire commission; (5) Set the agenda, after receiving input from members of the commission, the county manager, and the public, for meetings of the commission; (6) Make committee appointments; provided, however, that all standing and appointed committees shall be recommending bodies with the ability to recommend actions to the commission with the full commission retaining the authority to act; (7) Present the annual budget and the capital improvements budget, which shall be prepared by the county manager with the assistance of all department and agency heads and all others who supervise the implementation of a budget that uses funds of Milledgeville-Baldwin County, Georgia, for approval by the commission; (8) Be authorized to vote on any issue before the commission and shall vote in the event of a tie vote by the commission; (9) Call special meetings of the commission as provided by this charter and by rules of the commission; (10) Execute all deeds, contracts, and obligations of the unified government, provided such execution shall be attested to by the county manager; (11) Recommend to the commission the adoption of such measures as deemed necessary or expedient; (12) Perform any other duties and exercise any other powers required by state or federal law or authorized by a duly adopted ordinance that is not in conflict with this charter; and (13) Preside over meetings of the commission.
SECTION 3-106. Vacancy in office of mayor.
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(a) In the event that the office of mayor becomes vacant by reason of death, resignation, or any other means, the vice mayor shall serve as the mayor with all the powers of the mayor for the unexpired term of office of the mayor if there are 180 days or less remaining in such term of office. (b) If there are more than 180 days remaining in the mayor's term of office, a special election shall be held as soon as practicable as provided by general law to elect a new mayor for the remainder of the vacant term. The vice mayor shall serve as the mayor until such special election is held and a successor for the mayor is elected and qualified.
ARTICLE IV ADMINISTRATION SECTION
SECTION 4-101. Milledgeville-Baldwin county manager; appointment;
qualifications; compensation.
(a) There may be a professional manager who shall be known as the county manager of Milledgeville-Baldwin County, Georgia. If appointed, the county manager shall be the full-time administrative officer of the unified government. A county manager may be appointed by the mayor recommending a candidate to the commission for the office of county manager and the commission confirming such recommendation. No person holding an elective office on the Milledgeville-Baldwin County Commission shall be eligible for this appointment until two years after leaving elective office. Such recommendation shall become effective when confirmed by a majority vote of the total membership of the commission. The county manager shall be prohibited from engaging in any political activity and shall not be eligible to qualify as a candidate for an elective office in the Milledgeville-Baldwin County Commission for one year after leaving office. The county manager at any time may be removed from office by a majority vote of the entire commission. (b) Whenever the office of the manager is vacant, the mayor may recommend a person to serve as acting manager until a new manager is appointed, subject to approval by a majority vote of the entire commission and subject to reappointment thereafter. The acting manager at any time may be removed by a majority vote of the entire commission. (c) The county manager need not be a resident of the county at the time of his or her appointment but shall establish residence therein within six months of such appointment and continue to reside therein throughout such appointment. The qualifications and compensation of the county manager shall be fixed by the commission.
SECTION 4-102. County manager; powers and duties.
(a) If appointed, the county manager shall be responsible for: (1) The management and coordination of the operations and activities of the various departments and agencies of the unified government;
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(2) The appointment and removal of all department heads with the exception of the city attorney, auditor, and clerk of commissioners; (3) The preparation of the proposed annual budget with the assistance of all department heads for approval by the commission and the mayor; (4) Keeping the commission at all times fully advised as to the financial condition and needs of the unified government; (5) Conducting studies and investigations and making reports thereon to the commission concerning the operation of the departments, offices, and agencies of the unified government; (6) Requiring any department, board, commission, or agency under the county manager's jurisdiction to submit written reports and to provide other information as deemed necessary; (7) Prescribing, requiring, publishing, and implementing standards of administrative, management, and operating practices and procedures to be followed and adhered to by all offices, departments, boards, commissions, authorities, and other agencies of the unified government which are subject to the county manager's supervision and jurisdiction; (8) Acting as the purchasing agent of the Milledgeville-Baldwin County Commission as provided for in Section 8-105 of this charter; (9) Maintaining all required records of the operations and activities of the Milledgeville-Baldwin County Commission; and (10) Developing and implementing an ongoing strategic plan for MilledgevilleBaldwin County, Georgia, and providing annual progress updates to the commission. (b) Except for the purpose of inquiry and investigation, the mayor and commission shall deal with employees of the unified government who are subject to appointment and removal by the county manager solely through the county manager and shall not give orders or directions to any such employee, either publicly or privately, directly or indirectly. (c) The county manager shall obtain the approval and authorization of the commission for all expenditures in excess of $25,000.00 and all transfers of investments in excess of $100,000.00.
SECTION 4-103. County finance manager; appointment; qualifications; duties; compensation.
(a) There shall be a professional finance manager who shall be known as the county finance manager of Milledgeville-Baldwin County, Georgia. The mayor shall recommend a candidate to the commission for the office of county finance manager. No person holding an elective office on the Milledgeville-Baldwin County Commission shall be eligible for this appointment until two years after leaving elective office. Such recommendation shall become effective when confirmed by a majority vote of the total membership of the commission. The county finance manager shall be prohibited from engaging in any political activity and shall not be eligible to qualify as a candidate for an
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elective office in the Milledgeville-Baldwin County Commission for one year after leaving office. The county finance manager at any time may be removed from office by a majority vote of the total membership of the commission. (b) Whenever the office of the county finance manager is vacant, the mayor may recommend a person to serve as acting county finance manager until a new county finance manager is appointed, subject to approval by a majority vote of the total membership of the commission and subject to reappointment thereafter. The acting county finance manager at any time may be removed by a majority vote of the total membership of the commission. (c) The county finance manager need not be a resident of the county at the time of his or her appointment but shall establish residence therein within six months of such appointment and continue to reside therein throughout such appointment. The qualifications and compensation of the county finance manager shall be fixed by the commission.
SECTION 4-104. Attorney; appointment; qualifications; duties; compensation.
(a) The mayor shall make nonbinding recommendations to the commission for the attorney of the unified government (referred to at times in this charter as the "attorney"). The recommendations shall become effective when confirmed by a majority vote of the total membership of the commission. The attorney shall serve at the pleasure of the mayor and may be removed from office by the mayor for cause with confirmation of the majority vote of the commission. (b) The attorney shall be an active member of the State Bar of Georgia in good standing and shall satisfy any other qualifications established by ordinance. (c) The attorney shall be the legal counsel to the unified government and shall perform such other duties as may be required by this charter or by ordinance. (d) The compensation of the attorney shall be as prescribed by a duly adopted ordinance.
SECTION 4-105. Auditor; appointment; qualifications; duties; compensation.
(a) There shall be an auditor who shall be known as the county auditor of MilledgevilleBaldwin County, Georgia. The mayor shall recommend a candidate to the commission for the office of county auditor. No person holding an elective office on the Milledgeville-Baldwin County Commission shall be eligible for this appointment until two years after leaving elective office. Such recommendation shall become effective when confirmed by a majority vote of the total membership of the commission. The county auditor shall be prohibited from engaging in any political activity and shall not be eligible to qualify as a candidate for an elective office in the Milledgeville-Baldwin County Commission for one year after leaving office. The county auditor at any time
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may be removed from office by a majority vote of the total membership of the commission. (b) Whenever the office of the county auditor is vacant, the mayor may recommend a person to serve as acting county auditor until a new county auditor is appointed, subject to approval by a majority vote of the total membership of the commission and subject to reappointment thereafter. The acting county auditor at any time may be removed by a majority vote of the total membership of the commission. (c) The qualifications and compensation of the county finance manager shall be fixed by the commission.
SECTION 4-106. Sheriff.
The sheriff of Baldwin County in office on the effective date of this charter shall be the sheriff of Milledgeville-Baldwin County, Georgia, and shall be the chief law enforcement officer for the unified government. The sheriff shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for sheriff shall be on the same basis as provided by law for the election of sheriffs generally. The sheriff shall have such other or different powers and duties as provided by the Constitution and laws of Georgia. The sheriff shall be authorized to shift funds within the categories budgeted for his or her office to meet the needs of the office. The sheriff shall meet with the mayor, vice mayor, county manager, and finance committee chairperson of the commission every six months to review the budget of the office of the sheriff.
SECTION 4-107. Judge of the probate court.
The judge of the Probate Court of Baldwin County in office on the effective date of this charter shall be the judge of the Probate Court of Milledgeville-Baldwin County, Georgia. The judge of the probate court shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for the judge of the probate court shall be on the same basis as provided by law for the election of probate judges generally and shall be conducted nonpartisan. The judge of the probate court shall perform the same duties and exercise the same powers as conferred on probate judges generally by the Constitution and laws of Georgia.
SECTION 4-108. Clerk of superior court.
The clerk of the Superior Court of Baldwin County in office on the effective date of this charter shall be the clerk of the Superior Court of Milledgeville-Baldwin County, Georgia. The clerk of superior court shall serve for the same term as provided by law,
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and the compensation shall be fixed as provided by law. Subsequent elections for the clerk of superior court shall be on the same basis as provided by law for the election of clerks of superior court generally. The clerk of superior court shall perform the same duties and exercise the same powers as conferred on clerks of superior court generally by the Constitution and laws of Georgia.
SECTION 4-109. Tax commissioner.
The tax commissioner of Baldwin County in office on the effective date of this charter shall be the tax commissioner of Milledgeville-Baldwin County, Georgia. The tax commissioner shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for tax commissioner shall be on the same basis as provided by law for the election of tax commissioners generally. The tax commissioner shall perform the same duties and exercise the same powers as conferred on tax commissioners generally by the Constitution and laws of Georgia.
SECTION 4-110. Coroner.
The coroner of Baldwin County in office on the effective date of this charter shall be the coroner of Milledgeville-Baldwin County, Georgia. The coroner shall serve for the same term as provided by law, and compensation shall be fixed as provided by law. Subsequent elections for coroner shall be on the same basis as provided by law for the election of coroners generally. The coroner shall perform the same duties and exercise the same powers as conferred on coroners generally by the Constitution and laws of Georgia.
SECTION 4-111. Clerk.
The clerk of the commission shall be responsible for: (1) Maintaining all required records of the operations and activities of the Milledgeville-Baldwin County Commission, including the minutes of all meetings of the Milledgeville-Baldwin County Commission; (2) Certifying ordinances upon adoption for presentation to the mayor for approval or veto and certifying as to the authenticity of ordinances which have become law; (3) Attesting the mayor's signature on deeds, contracts, agreements, and any other obligations on the part of government and the signature of any other officer pursuant to Section 7-501 of this charter on any such document; (4) Keeping and affixing the seal; (5) Providing administrative support to the commission, the mayor, and the county manager of Milledgeville-Baldwin County, Georgia; and
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(6) Carrying out such other duties as may be directed by the commission.
ADMINISTRATIVE AND SERVICE DEPARTMENTS SECTION 4-201.
Creation and functions; generally.
Except as otherwise provided by this charter or by law, the administrative and service departments of the unified government shall be created and established by ordinance and shall perform such functions, duties, services, and responsibilities as enumerated in such ordinances and as prescribed by administrative regulations.
SECTION 4-202. Administrative reorganization.
The commission may, by ordinance, reorganize, combine, consolidate, or discontinue any department or agency of the unified government subject to the jurisdiction of the commission and may, by ordinance, prescribe the functions and duties thereof and may establish, abolish, or alter any nonelective offices and positions of employment as necessary for the proper administration of the unified government.
SECTION 4-203. Appointment of directors of departments.
All directors of departments under the supervision and direction of the MilledgevilleBaldwin county manager shall be appointed by the Milledgeville-Baldwin county manager. The directors of all such departments shall serve at the pleasure of the Milledgeville-Baldwin county manager.
SECTION 4-204. Departments under state law.
(a) All departments which are created pursuant to state or federal law and which administer various state and federal programs and services shall continue their operations without interruption resulting from the adoption of this charter. (b) For employees hired by the City of Milledgeville or Baldwin County after the approval of this charter by the electors voting in the referendum pursuant to Section 9112 of this charter, whether to continue to offer a program of health care benefits, the nature and structure of such a program, the benefits provided in such a program, and the premiums to be paid by employees for their participation or the participation of their families or dependents, if offered, shall be subject to change from time to time in the sound discretion of the mayor and commission.
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SECTION 4-301. Certain commissions, boards, and authorities continued.
(a) All existing commissions, boards, and authorities are continued without interruption on the effective date of this charter. As used in the Acts and amendments creating the existing commissions, boards, and authorities, the terms "Milledgeville City Council" and "Baldwin County Board of Commissioners" shall mean the Board of Commissioners of Milledgeville-Baldwin County, Georgia, and the terms "mayor of the City of Milledgeville" and "Chairperson of the Baldwin County Board of Commissioners" shall mean the mayor of Milledgeville-Baldwin County, Georgia. (b) The Board of Commissioners of Milledgeville-Baldwin County, Georgia, shall have the authority to examine all existing boards, commissions, and authorities of the former City of Milledgeville and Baldwin County for the purpose of determining whether any such boards, commissions, and authorities should be reorganized or reconstituted for the purpose of increasing their efficient operation; provided, however, that this authority shall not be construed to authorize the commission to affect any board, commission, and authority created by general law or by local constitutional amendment. (c) The Georgia Military College Board of Trustees shall consist of the mayor and six members who shall be elected from the former City of Milledgeville city commission districts as such districts exist on the effective date of this charter within the urban services district (commonly referred to as the City of Milledgeville) and shall serve fouryear terms as provided in Article 9 of Chapter 3 of Title 20 of the O.C.G.A. The qualifications for these positions shall be the same as those in place upon adoption of this charter.
SECTION 4-401. Employees.
Employees who are terminated from their employment shall have the right to appeal such termination to the commission. Such appeal process shall be initiated by filing a written appeal with the mayor within seven days of termination. The mayor shall present the appeal to the commission for review, and the commission shall act upon such appeal within 30 days following the receipt of the written appeal by the mayor. Failure by the commission to act within 30 days shall result in the reinstatement of such employee.
ARTICLE V JUDICIARY SECTION 5-101. Superior court and district attorney; unaffected by charter; redesignation.
The Superior Court of Baldwin County, including the office of the district attorney, shall continue its operations without interruption resulting from the adoption of this charter,
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and nothing herein shall be construed as affecting the status of such court. The court shall be known as the Superior Court of Milledgeville-Baldwin County, Georgia.
SECTION 5-102. State court and solicitor-general; unaffected by charter; redesignation.
The State Court of Baldwin County, including the office of the solicitor-general, shall continue its operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of such court. The court shall be known as the State Court of Milledgeville-Baldwin County, Georgia.
SECTION 5-103. Juvenile court; unaffected by charter; redesignation.
The Juvenile Court of Baldwin County shall continue its operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of such court. The court shall be known as the Juvenile Court of Milledgeville-Baldwin County, Georgia.
SECTION 5-104. Probate court; unaffected by charter; redesignation.
The Probate Court of Baldwin County shall continue its operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of such court. The court shall be known as the Probate Court of Milledgeville-Baldwin County, Georgia.
SECTION 5-105. Magistrate court; unaffected by charter; redesignation.
The Magistrate Court of Baldwin County shall continue its operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of such court. The court shall be known as the Magistrate Court of Milledgeville-Baldwin County, Georgia.
SECTION 5-106. Municipal Court of the City of Milledgeville; abolishment of
operations in the unified government:
Six months after the effective date of this charter, the Municipal Court of the City of Milledgeville shall stand abolished. Any cases pending before the municipal court on that date shall be transferred to the State Court of Milledgeville-Baldwin County, Georgia. Thereafter, all jurisdiction of the former Municipal Court of the City of
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Milledgeville shall be transferred to either the Magistrate Court or the State Court of Milledgeville-Baldwin County, Georgia.
ARTICLE VI ELECTIONS SECTION 6-101. Applicability of general laws.
Except as otherwise provided by this charter, general and special primaries and elections shall be conducted in accordance with provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 6-102. Regular election, time of holding; voting.
(a) Except for the initial elections under this charter, regular elections for the unified government of Milledgeville-Baldwin County, Georgia, shall be held on the Tuesday after the first Monday in November in each even-numbered year. (b) Only the electors of each of the election districts defined in Section 6-201 of this charter shall be entitled to vote in the election for the commissioner to be elected from such district.
SECTION 6-103. Special elections.
All special elections shall be held and conducted in accordance with applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 6-201. Number of districts; boundaries.
The territory of Milledgeville-Baldwin County, Georgia, shall consist of five single member election districts to be designated respectively as Commissioner Districts 1 through 5 as provided in Section 2-101 of this charter. The mayor and vice mayor of Milledgeville-Baldwin County shall be elected at large.
SECTION 6-202. Reapportionment of election districts.
(a) The election district boundaries of Milledgeville-Baldwin County, Georgia, shall be reapportioned following the publication of each official federal decennial census of the population of Milledgeville-Baldwin County, Georgia.
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(b) The reapportionment of election districts shall comply with the following specifications:
(1) The county shall be divided into five districts to as closely as possible reflect the population of Milledgeville-Baldwin County; and (2) The Milledgeville-Baldwin County Unified Government shall rely upon the Legislative and Congressional Reapportionment Office of the General Assembly of the State of Georgia to draw those districts that reflect the goal of the unified government. (c) Any reapportionment of election districts shall apply to officials of the unified government elected at the next regular election following such reapportionment; provided, however, any reapportionment ordinance shall not apply.
SECTION 6-301. Special election of first officials.
(a) If the referendum for the approval of the unification of the governments of the City of Milledgeville and Baldwin County is held in July, 2015, then the initial election for members of the Milledgeville-Baldwin County governing authority shall be held on the Tuesday immediately following the first Monday in November, 2015. Otherwise, the initial election for members of the Milledgeville-Baldwin County governing authority shall be held on the date of the 2016 presidential preference primary. The superintendent of elections for Baldwin County shall publish notice of the initial election of members of the unified government in the legal organ of Milledgeville-Baldwin County once a week for four weeks immediately preceding the election. (b) In all other respects, the election shall be held in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) The qualifications for office for such initial election shall be as prescribed by applicable provisions of this charter. (d) Any elected official of Milledgeville-Baldwin County or of any municipality who is otherwise qualified under this charter shall be entitled to qualify and run for an office of the unified government.
SECTION 6-302. Initial terms of office.
If elected in November, 2015, the initial terms of the mayor, vice mayor, and commissioners of the unified government shall be from July 1, 2016, until December 31, 2018, and until their respective successors are elected and qualified. If elected in 2016, the initial terms of the mayor, vice mayor, and commissioners of the unified government shall be from January 1, 2017, until December 31, 2020, and until their respective successors are elected and qualified. After the initial elections, all commissioners shall be elected for four-year terms and until their respective successors are elected and qualified.
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ARTICLE VII REVENUE AND FINANCE
SECTION 7-101. Taxation and other revenues; levies and collection of taxes, fees, charges, and assessments; appropriations.
(a) For the purpose of raising revenue for the support and maintenance of the government of Milledgeville-Baldwin County, Georgia, the commission shall have full power and authority to levy and collect taxes to the extent hereinafter provided and to appropriate funds and expend money:
(1) For the purposes authorized by this charter; (2) For the discharge of the powers, duties, obligations, liabilities, and functions specified in this charter; (3) For any and all purposes and any and all subjects of taxation for which the City of Milledgeville or Baldwin County may have been authorized and in accordance with those authorizations to levy and collect taxes and to appropriate and expend funds under the Constitution or any general or special law of Georgia applicable to the City of Milledgeville or Baldwin County on the effective date of this charter; and (4) For any purpose authorized by the Constitution or any general or special law of Georgia applicable to municipal corporations and counties generally now in force or hereafter enacted. (b) The commission shall have full power and authority to levy and collect the following taxes, charges, and assessments: (1) Ad valorem taxes on all real and personal property situated within MilledgevilleBaldwin County, Georgia, which is subject to taxation for state, county, and municipal purposes, or for any other public purpose, to the full extent permitted by the Constitution and laws of Georgia, whether local (of the City of Milledgeville or Baldwin County) or general; (2) Occupation and business license taxes that are not prohibited by the Constitution and general laws of Georgia which may be levied upon any person, firm, partnership, company, or corporation which has a location or office within Milledgeville-Baldwin County, Georgia, at which a business, profession, or occupation is conducted; (3) Subject to the restrictions imposed by general law, the commission may also impose a regulatory fee, whether designated as a license fee or permit fee or other name, on those businesses, professions, or occupations that the unified government of Milledgeville-Baldwin County, Georgia regulates; (4) An excise tax on rooms, lodgings, or accommodations as now or hereafter provided by law for counties and municipalities; (5) License fees and taxes on insurance companies as authorized by Code Sections 33-8-8 through 33-8-8.6 of the O.C.G.A.; (6) A public utility franchise tax, fee, or both on each electric light and power company, gas company, telephone and telegraph company, and other public utility
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making use of the roads, streets, alleys, or other public ways of Milledgeville-Baldwin County, Georgia; (7) Franchise fees on cable television systems as now or hereafter provided by law; provided, however, that, upon the completion of transition activities funded by the franchise fees collected from the unincorporated area of Milledgeville-Baldwin County, these franchise fees may be used to reasonably reduce taxes in the services districts; (8) Fees, assessments, and charges for the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, storm sewers, drainage structures, or other utility mains and appurtenances from the abutting property owners under any terms and conditions as provided by ordinance; (9) Fees, assessments, charges, and tolls for sanitary and health services or any other services rendered within and without the limits of the unified government under such terms and conditions as provided by ordinance; (10) All other such taxes, charges, or assessments as the City of Milledgeville or Baldwin County were authorized and empowered to make and collect upon the effective date of this charter, which powers may be exercised throughout the area of the unified government, or appropriate portions thereof, including any tax now or hereafter authorized by state law, and the specific mention of any right, power, or authority in this charter shall not be construed as limiting in any way the general powers of the commission to govern its local affairs. When authorized by this charter or a statute or the Constitution of the State of Georgia, the commission shall have full power and authority to assess, levy, charge, and collect taxes, rentals, interest, fees, penalties, fines, and costs; to receive income on investments; to accept funds, services, or property from other political subdivisions and public agencies, either local, state, or national, and from private persons, firms, or corporations; and to contract with them for any public purpose; (11) An excise tax upon the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink as now or hereafter provided by law for counties and municipalities; (12) An excise tax upon the sale, transfer, or dispensing of malt beverages and alcoholic beverages within Milledgeville-Baldwin County, Georgia, by wholesale or retail dealers as now or hereafter provided by law for counties and municipalities. In addition, the Commission shall have the authority to impose, assess, levy, and collect an excise tax upon the sale, transfer, or dispensing of wine by wholesale or retail dealers within Milledgeville-Baldwin County, Georgia, as now or hereafter provided by law for counties and municipalities; (13) One mill of taxes shall be collected from the urban services district for Georgia Military College as is presently provided by law; and (14) Such other taxes and charges as provided by law. (c) Not later than the beginning of its eighth year of operation, the commission shall create and fully fund and maintain an emergency fund in an amount equal to one mill of taxes for the immediately preceding fiscal year. Funds in such account may only be used
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in the event of a fiscal emergency, as determined to exist by an affirmative vote of five or more members of the commission. In such event, the funds may be used to deal with such fiscal emergency, but such fund shall be replenished as soon as practicable and reasonable. (d) The commission shall create and maintain an unassigned fund balance equal to onesixth of the preceding audited fiscal year's total general fund operating expenses. This minimum balance shall be established not later than the beginning of the eighth year of operation of the unified government. The adopted budget for each fiscal year shall not appropriate unassigned general funds which would cause this minimum balance to fall below an amount equal to one-sixth of the preceding audited fiscal year's total general fund operating expenses. In the event of a fiscal emergency, as determined by an affirmative vote of five or more members of the commission, the budget may be amended to temporarily utilize such unassigned general fund balance.
SECTION 7-102. Collection of delinquent taxes and fees.
The collection of delinquent taxes and fees shall be as provided by state law for the collection of delinquent property taxes by counties.
SECTION 7-103. Homestead exemptions.
The homestead exemptions provided under the Constitution and laws of Georgia presently in force or as hereafter amended shall be applicable to all such property subject to ad valorem taxes within Milledgeville-Baldwin County, Georgia.
SECTION 7-104. Tax and services districts; taxation therein.
(a) The general services district as defined and authorized in paragraph (1) of subsection (a) of Section 7-301 of this charter shall constitute a general services tax district wherein the commission shall levy and collect taxes and shall appropriate money to perform and discharge those powers, functions, and services provided therein by the unified government of Milledgeville-Baldwin County, Georgia. (b) The urban services district as authorized in paragraph (2) of subsection (a) of Section 7-301 of this charter, together with any enlargement or modification thereof pursuant to the provisions of this charter, shall constitute an urban tax district, as the case may be, wherein the commission may levy and collect additional taxes and may appropriate additional money therefrom to perform and discharge those additional powers, functions, and additional services provided therein by the unified government of MilledgevilleBaldwin County, Georgia.
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(c) The assessment of real and personal property for ad valorem tax purposes shall be upon a uniform basis throughout the entire area of the unified government; provided, however, that the rate and manner of additional taxation of services districts may vary in any services tax district from that in another or other services tax districts in such a way as to reflect reasonably the kind, character, type, degree, and level of services afforded to such services tax district or districts.
BORROWING AND INDEBTEDNESS SECTION 7-201.
Issuance of general obligation bonds.
(a) The commission shall be authorized to issue and sell general obligation bonds, after approval of the qualified voters, under the provisions of the Constitution and general laws of Georgia for any public purpose for the benefit of the unified government or any tax area or services district thereof; provided, however, that for the purpose of issuing and selling such general obligation bonds, the unified government of Milledgeville-Baldwin County, Georgia, shall be deemed a county, and the provisions of the Constitution and laws of Georgia governing the limitations, terms, and procedures for the issuance and sale of bonds by counties shall apply to the unified government unless otherwise provided by this charter. (b) All general obligation bonds shall be issued in the name of Milledgeville-Baldwin County, Georgia, and shall be an obligation thereof, and the full faith and credit of the unified government of Milledgeville-Baldwin County, Georgia, shall be pledged for all general obligation bonds issued thereunder which are payable from ad valorem taxes, and, for such purpose, the commission shall have the authority to levy and collect ad valorem taxes without limit as to rate or amount on all taxable property within the territorial limits of the unified government.
SECTION 7-202. Debt limitation; general obligation bonds.
The total general obligation bond indebtedness of the unified government of Milledgeville-Baldwin County, Georgia, payable from ad valorem taxes, including all outstanding general obligation bonds of the former City of Milledgeville and Baldwin County on the effective date of this charter, shall not exceed 10 percent of the assessed value of all taxable property within the territorial limits of the unified government.
SECTION 7-203. Revenue bonds.
The commission shall be empowered and authorized to issue revenue bonds for the purposes and in the manner as now or hereafter provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."
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SECTION 7-204. Use of bond proceeds.
All revenue derived by Milledgeville-Baldwin County, Georgia, from the issuance and sale of bonds shall be used exclusively for the purposes for which such bonds were issued, and all ad valorem taxes collected for the purpose of servicing or retiring such bonds shall be used exclusively for the payment of principal and interest thereof.
SECTION 7-205. Allocation of indebtedness.
(a) All general indebtedness of Baldwin County, whether represented by general obligation bonds or otherwise, which may be outstanding upon the effective date of this charter, shall be allocated to the general services area as defined in paragraph (1) of subsection (a) of Section 7-301 of this charter, and is hereby recognized as the obligation of the general services district of Milledgeville-Baldwin County, Georgia. All general indebtedness of the City of Milledgeville, whether represented by general obligation bonds or otherwise which may be outstanding upon the effective date of this charter, shall be allocated to the urban services area as defined in paragraph (2) of subsection (a) of Section 7-301 of this charter. The commission is hereby authorized to levy taxes and otherwise provide for the retirement thereof, subject to the terms of this charter. Any funds in the control of the previously existing City of Milledgeville and Baldwin County, now consolidated into Milledgeville-Baldwin County, Georgia, by this charter, which had been allocated to the retirement of any bonded indebtedness of such municipality and county shall be so applied by the commission. (b) All general obligation bonds issued prior to the effective date of this charter by Baldwin County and all bonds authorized but unissued by Baldwin County on the effective date of this charter and thereafter issued by Milledgeville-Baldwin County, Georgia, shall be allocated to the general services district, and the principal of and interest on such bonds shall be paid from ad valorem taxes or other revenues collected in the general services district. All general obligation bonds issued prior to the effective date of this charter by the City of Milledgeville and all bonds authorized but unissued by the City of Milledgeville on the effective date of this charter and thereafter issued by Milledgeville-Baldwin County, Georgia, shall be allocated to the urban services district, and the principal and interest on such bonds shall be paid from ad valorem taxes or other revenues collected in the urban services district. (c) Any revenue bonds issued prior to the effective date of this charter by the City of Milledgeville or Baldwin County under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and any such revenue bonds authorized but unissued by the said city or county on the effective date of this charter and thereafter issued by Milledgeville-Baldwin County, Georgia, shall be payable as to principal and interest from the revenues or sources and in the manner provided in the proceedings which authorized the issuance of such revenue bonds.
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(d) Neither the allocation of bonds to the general services district nor any of the other provisions of this charter shall impair or diminish any of the rights, revenues, or security and source for payment of any of such bonds or revenue bonds issued by the City of Milledgeville or by Baldwin County prior to the effective date of this charter, or authorized but unissued by the City of Milledgeville or by Baldwin County on the effective date of this charter and thereafter issued by Milledgeville-Baldwin County, Georgia; and such holders of such bonds or revenue bonds shall have and be entitled to enforce any and all rights, remedies, and security and sources for payment granted such holders by the proceedings which authorized the issuance of such bonds or revenue bonds as fully and to the same extent as if this charter had not been adopted.
SECTION 7-301. Financing of services; general and urban services districts.
(a) In Milledgeville-Baldwin County, Georgia, there shall be: (1) A general services district which shall consist of the total area of Baldwin County as fixed and established upon the effective date of this charter or as hereafter modified according to law; (2) An urban services district which shall consist of the area embraced within the corporate limits of the City of Milledgeville as the same exists upon the day immediately preceding the effective date of this charter or as such area may be hereafter expanded as herein provided; and (3) Such special services districts as the commission may hereafter establish.
(b) All other tax districts existing in the City of Milledgeville or Baldwin County immediately prior to the effective date of this charter shall be continued in effect by this charter. (c) Such services districts shall be tax districts wherein taxes and other assessments shall be assessed, levied, and collected by the unified government in accordance with the kind, character, type, and degree of services actually provided therein and may vary in any one services district from that of another or other areas in accordance with the provisions of this charter. The powers, authority, duties, liabilities, services, and functions of Milledgeville-Baldwin County, Georgia, may vary in any services district from that in another or other services district. (d) The unified government is hereby empowered to exercise and provide within the general services district and within any urban services district established by this charter or by ordinance of the commission those powers, functions, and services which have theretofore been exercised and provided by Baldwin County or the City of Milledgeville, or both; all powers, functions, and services authorized by this charter, and any amendments thereto; and all powers, functions, and services which counties and municipal corporations, or both, are now or hereafter authorized to exercise under the Constitution and laws of Georgia. (e) The unified government shall perform or procure the performance within the general services district of those governmental duties, functions, and services which are generally
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available and accessible to all residents throughout the total territory of MilledgevilleBaldwin County, Georgia. (f) The unified government shall perform within its urban services districts those additional, more comprehensive and intensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such urban services districts.
SECTION 7-302. Creation of services districts by ordinance.
Except as otherwise provided by this charter, services districts of the unified government shall be created, expanded, merged, unified, or reduced only by ordinance duly adopted by the commission under such general rules, procedures, regulations, requirements, and specifications as are established by the commission and this charter. Such rules and regulations shall set forth the manner and method for the creation of new services districts and the expansion, unification, reduction, or merger of existing services districts; set forth requirements for defining functions and policies for rendering services, for changing levels of services within existing services districts, and for transferring territory from one services district to another; and set forth requirements for defining boundaries of services districts.
SECTION 7-303. Requirements for defining boundaries.
Whenever in this charter it is required that the boundaries of a services district be set out, it shall suffice if the boundaries are described in such a way as to convey an intelligent understanding of the location of the land. In the discretion of the commission, the boundaries may be described:
(1) By reference to a map; (2) By metes and bounds; (3) By general description referring to roads or natural boundaries or to the boundaries of particular tracts or parcels of land; or (4) By any combination of the above methods.
SECTION 7-304. Notice of hearing prior to adoption of ordinance.
Before adopting any ordinance authorized or described in Sections 7-301 through 7-303 of this charter, the commission shall give notice of its intention to consider the ordinance and shall provide an opportunity for interested persons to be heard as is provided for in subsection (d) of Section 1-105 of this charter.
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SECTION 7-401. Financial administration; fiscal year.
If the initial members of the governing authority are elected in November, 2015, the initial fiscal year of Milledgeville-Baldwin County, Georgia, shall begin on July 1, 2016, and shall end on June 30, 2017. If the initial members of the governing authority are elected in 2016, the initial fiscal year of Milledgeville-Baldwin County, Georgia, shall begin on January 1, 2017, and shall end on June 30, 2017. Subsequent fiscal years shall begin on July 1 and end on the following June 30. The fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, institution, agency, and activity of the unified government, unless otherwise provided by state or federal law. The commission may adopt a different fiscal year by ordinance, which shall not be effective until at least six months after the date of adoption thereof.
SECTION 7-402. Preparation of budgets.
The preparation of an annual budget shall be as prescribed by ordinance and provisions of this charter. In addition, the unified government of Milledgeville-Baldwin County, Georgia, may adopt budgets as are permitted by general law, including, but not limited to, project budgets for major capital projects and fund budgets.
SECTION 7-403. Scope of budgets.
(a) The annual budget shall apply to the operating and capital improvement expenses of the unified government. (b) The annual operating budget shall contain funds of the government of MilledgevilleBaldwin County, Georgia, to which they are applicable:
(1) A reasonable estimate of cash revenues to be received during the ensuing year, classified according to source; (2) Proposed expenditures detailed by each department, commission, board, office, agency, and activity in accordance with an established classification of accounts, including those capital outlays which are to be financed from the revenues of the ensuing year and including all debt service requirements in full for such fiscal year; and (3) Such other information as may be considered necessary or desirable by the mayor or the commission. (c) In no event shall the total proposed expenditures from any fund exceed the total anticipated revenues plus the estimated unappropriated surplus or fund balance and applicable reserves less any estimated deficit at the end of the current fiscal year.
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SECTION 7-404. Submission of budgets to the commissioners.
(a) In advance of initiating preparations of the annual budget, the mayor, with participation of the commission, shall develop a statement of the general fiscal policies of Milledgeville-Baldwin County, Georgia; 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 may be deemed pertinent. (b) On or before a date fixed by the commission but not later than 60 days prior to the beginning of each fiscal year, the Milledgeville-Baldwin County, Georgia, county manager in consultation with the department heads shall prepare an operating budget to submit to the mayor. (c) The mayor shall submit to the commission 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 Milledgeville-Baldwin County, Georgia; 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 may be deemed pertinent. A summary of the budget and the mayor's message shall be published in a newspaper of general circulation designated as the legal organ of the unified government. The operating budget, the budget message, and all supporting schedules shall be filed in the Milledgeville-Baldwin County, Georgia, county manager's office and shall be open to public inspection.
SECTION 7-405. Adoption of budgets.
(a) The commission shall approve, reject, or amend the proposed balanced operating budget. The budget as finally adopted shall provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues constituting the resources available of such fund. (b) The commission shall adopt the final annual operating budget for the ensuing fiscal year not later than the 30th day of June of each year, and such budget shall be effective for the fiscal year beginning on the first day of July. In the event the commission fails to adopt the budget by such date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year, with appropriate items prorated accordingly, until such time as the commission shall adopt a budget for the ensuing fiscal year. Adoption of the annual operating budget shall take the form of an appropriation ordinance setting out estimated revenues in detail by source and making appropriations accordingly to fund organizational units, purposes, or activities as set forth in the budget document. (c) The amount set out in the adopted operating budget for each organizational unit, purpose, or activity shall constitute the annual appropriation for such item, and no
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expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriation, or allotment thereof, to which it is chargeable. (d) The commission shall adopt by ordinance the capital improvements program and capital budget for the ensuing fiscal year not later than the 30th day of June of each year. The capital budget ordinance shall show in detail the capital expenditures intended to be made or incurred in the ensuing fiscal year that are to be financed from funds subject to control or appropriation by the commission and shall be in full conformity with that part of the capital program applicable to the year which it covers. Amounts specified as intended to be spent out of new appropriations shall, upon enactment of the capital budget ordinance, constitute appropriations of such amounts.
SECTION 7-406. Property tax levies.
Following the adoption of the operating and capital improvements budgets for each fiscal year, the commission shall levy by ordinance a general services district tax on all real and personal property within the general services tax district as provided by this charter. The tax rate set by such ordinance shall be such that a reasonable estimate of cash revenues from such levy shall be at least sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general services district for services to be rendered throughout the entire area of Milledgeville-Baldwin County, Georgia. Such services shall include those functions set forth in subsections (c) and (d) of Section 7-301 of this charter, and such other purposes, functions, and services as may be authorized by the laws of Georgia, by this charter, or by ordinance of the commission. The commission shall levy by ordinance a special services district tax on all real and personal property within any special services tax district as authorized by this charter. The tax rates set by such ordinance for each district shall be such that a reasonable estimate of cash revenues from such levy shall be at least sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of a higher level of services to be rendered in a special services district.
SECTION 7-407. Limitation of funds.
Upon certification by the Milledgeville-Baldwin County, Georgia, county manager that the revenues or other resources actually realized with respect to any fund will be less than was anticipated and will be insufficient to meet the amounts appropriated from such fund, it shall be the duty of the Milledgeville-Baldwin County, Georgia, county manager upon the instruction of the mayor of the unified government to limit such appropriations or to
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transfer other available funds between departments as may be necessary to prevent deficit operation.
SECTION 7-408. Transfer of funds.
Upon recommendation of the Milledgeville-Baldwin County, Georgia, county manager and approval of a majority vote of the commission, the commission may make interfund or interdepartmental transfers in the current operating budget or capital improvements budget at any regular or special meeting called for such purpose, provided funds are also available.
SECTION 7-409. Lapse of appropriations.
All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made.
SECTION 7-410. Continuing audit.
The auditor shall conduct a continuing internal audit of the fiscal affairs and operations of every department, office, and agency of the unified government.
SECTION 7-411. Post-audit.
(a) The commission shall provide annually for an independent audit of the accounts and other evidences of financial transactions of the government of Milledgeville-Baldwin County, Georgia, and of every office, department, board, commission, authority, or other agency. The audit shall be made by a certified public accountant who shall have no personal interest, direct or indirect, in the fiscal affairs of Milledgeville-Baldwin County, Georgia, or of any of its departments, boards, offices, commissions, authorities, or agencies. The commission shall by competitive bids, taking into consideration the most responsive and reasonable bid, designate such accountant or firm annually or for a period not exceeding three years. (b) The audit may be conducted on a quarterly or continuing basis, and the final report of the annual audit shall be completed as soon as practicable after the close of the fiscal year, and in no event later than six months after the close of the fiscal year. The audit report shall be filed with the Milledgeville-Baldwin County, Georgia, county manager and made available to the public.
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(c) The commission may at any time order an examination or special audit of any office, department, board, commission, or other agency of Milledgeville-Baldwin County, Georgia.
PROCUREMENT AND DISPOSITION OF PROPERTY SECTION 7-501.
Contracting procedures.
The commission shall prescribe by ordinance rules and regulations which shall be followed in the making of contracts in order to bind the government of MilledgevilleBaldwin County, Georgia. Except where otherwise provided by law or by ordinance, all contracts of the government of Milledgeville-Baldwin County, Georgia, shall be signed by the mayor and authenticated by the Milledgeville-Baldwin County, Georgia, county manager.
SECTION 7-502. Sale and disposition of property.
(a) The commission is authorized to sell any real or personal property owned or held by Milledgeville-Baldwin County, Georgia, and not needed for governmental or other public purposes in such manner as is required in state law for counties, as provided for in Code Sections 36-9-2 and 36-9-3 of the O.C.G.A. (b) Whenever in opening, extending, or widening any street, avenue, alley, or public place of Milledgeville-Baldwin County, Georgia, a small parcel or tract of land is cut off or separated by such work from a larger tract of land owned by Milledgeville-Baldwin County, Georgia, the commission may authorize the execution and deliverance in the name of the government of Milledgeville-Baldwin County, Georgia, of a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way in said street, avenue, alley, or public place, or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances so executed and delivered shall convey all title and interest the unified government of Milledgeville-Baldwin County, Georgia, has in such property.
ARTICLE VIII GENERAL PROVISIONS
SECTION 8-101. Application of laws; laws in force.
(a) The general laws of the State of Georgia of a criminal nature shall be applicable to and within the limits of the unified government. General laws of local application through classification by population, not in conflict with this charter, which, on the effective date of this charter, apply to the City of Milledgeville or Baldwin County,
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Georgia, shall be applicable to the unified government, and which apply to MilledgevilleBaldwin County, Georgia, as either a city or a county at the time of their enactment or thereafter shall be effective; provided, however, that those laws which did not apply to the City of Milledgeville or Baldwin County or the unified government at the time of their enactment shall not become applicable to the unified government except through the adoption of a resolution to that effect by the commission. (b) Local Acts of the State of Georgia which apply specifically to either Baldwin County or the City of Milledgeville, or both, shall be applicable to the unified government. (c) In construing the applicability of provisions of the Constitution and the general laws of Georgia which apply in general terms to either counties or municipalities, or both, and local Acts of the General Assembly that apply specifically to Baldwin County or the City of Milledgeville, or both, the following terms as used in such laws shall be construed to include the unified government as follows:
(1) "City," "town," "municipal corporation," or "municipality" shall be construed to include Milledgeville-Baldwin County, Georgia; (2) "Council," "mayor," "mayor and council," "aldermen," and "commission of aldermen" shall be construed to include the Board of Commissioners of MilledgevilleBaldwin County, Georgia; (3) "County" shall be construed to include Milledgeville-Baldwin County, Georgia; (4) "Mayor" shall be construed to include the mayor of Milledgeville-Baldwin County, Georgia; and (5) Any other terms and provisions as used in such Acts to refer specifically to Baldwin County or the City of Milledgeville, or both, and the officers, employees, departments, and agencies thereof shall be construed to mean Milledgeville-Baldwin County, Georgia, and its officers, employees, departments, and agencies.
SECTION 8-102. Limitation on claims and service.
(a) All contractual claims against the unified government shall be presented within 12 months after they accrue or become payable or the same as claimed, unless held by minors or other persons laboring under disabilities, who are allowed 12 months after the removal of such disability. (b) Service on the unified government of any suit, process, or order of court shall be served upon the mayor.
SECTION 8-103. Competitive bidding.
(a) All departments and agencies of the unified government shall utilize competitive bidding procedures, as specified in an ordinance of the commission, for all purchases in excess of an amount provided for in an ordinance of the commission, unless such purchase shall be otherwise approved by four of the seven commissioners.
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(b) A vendor located in Milledgeville-Baldwin County whose bid is within 20 percent of the lowest bidder on a purchase shall be given the opportunity to rebid and match the lowest bidder for such purchase if such bid meets all other stated criteria for such bid.
SECTION 8-104. Execution of assessments.
Whenever any tax or special assessment is authorized or empowered to be levied or imposed by this charter which is required to be collected by the unified government and such is not paid within the time period specified by the commission and no specific provision is elsewhere provided in this charter for its collection, then the county manager shall issue execution in the name of Milledgeville-Baldwin County, Georgia, against such person, firm, or entity liable therefore or property subject thereto for such sums as may be due with interest at the legal rate from the due date, and penalties and costs. The unified government shall have the right to enforce payment of such execution by levy and sale as in the case of county taxes, and the purchaser at such sale shall acquire the same title and rights as a purchaser at a sale for county taxes. Executions issued by the county manager of Milledgeville-Baldwin County, Georgia, and the levy and sale thereunder shall be governed by general law.
SECTION 8-105. Authority to deal with federal and state agencies.
The unified government of Milledgeville-Baldwin County, Georgia, shall have the power and authority to participate in, cooperate in, and take all necessary action with respect to any and all projects, programs, and undertakings of any nature authorized by any statute, rule, or regulation of the United States, the State of Georgia, or any federal or state agency or instrumentality, including, but not limited to, community development, highways, aviation, aviation terminals, airports, airport facilities, municipal area or regional development, sewer and sewage disposal, public housing, housing for the aged, and transportation or mass transit or any phase thereof; to borrow money and issue promissory notes, general obligation bonds, or revenue bonds or a combination thereof for any such purposes in accordance with provisions of this charter; and to execute mortgages or deeds of trust in favor of any federal agency, secured by property of which the unified government is the legal or beneficial or equitable owner, or in favor of any private agency where the loan is guaranteed by a federal agency.
SECTION 8-106. Federal and state aid.
The unified government of Milledgeville-Baldwin County, Georgia, shall be deemed a county but shall also be deemed an incorporated city or municipality for the purpose of determining its right to receive and for the purpose of receiving state aid or grant-in-aid
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from the State of Georgia or from the United States or from any agency or instrumentality thereof or from any other source, public or private. The unified government shall be entitled to receive as state aid or as grant-in-aid from the State of Georgia or from the United States or from any agency or instrumentality thereof or from any other source, public or private, all funds to which a county is, or may hereafter be, entitled, and also all funds to which an incorporated city or municipality is or may be hereafter entitled, and to receive the same without diminution or loss by reason of unification.
SECTION 8-107. Budgets of county officers and agencies.
All elected officers and all agencies not under the direct control and jurisdiction of the county manager, such as the Board of Health and the Board of Family and Children Services, which receive appropriations from the commission, shall, on the same date as is applicable to budgets submitted by department heads, submit to the MilledgevilleBaldwin County, Georgia, county manager annual operating and capital budget requests for the ensuing fiscal year. Such budget requests, after any revisions therein by the Milledgeville-Baldwin County, Georgia, county manager and the Milledgeville-Baldwin County mayor, shall be incorporated into the overall unified government budget for submission by the Milledgeville-Baldwin County mayor to the commission, which shall grant a hearing to any such officer or agency on such proposed budgets.
SECTION 8-108. Existing pension rights protected.
(a) Persons who, at the time this charter takes effect, are employed by any office, department, board, commission, or agency of the former City of Milledgeville shall retain all pension rights which have accrued to them under any existing pension system. Milledgeville-Baldwin County, Georgia, shall continue in force and effect any existing pension system for city employees covered thereby who are employed by the unified government, and the services of such employees shall not be deemed to have been interrupted by the adoption of this charter. (b) Persons who, at the time this charter takes effect, are employed by any office, department, board, commission, or agency of the former Baldwin County shall retain all rights which have accrued to them under any existing pension system. MilledgevilleBaldwin County, Georgia, shall continue in force and effect any existing pension system for county employees covered thereby who are employed by the unified government, and the services of such employees shall not be deemed to have been interrupted by the adoption of this charter. (c) No employee seniority, salary, or benefit shall be diminished or eliminated as a result of unification.
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SECTION 8-109. Establishment of new pension systems; merging of existing systems.
The commission is hereby authorized and empowered to establish and maintain a new pension system or pension systems or retirement plan or plans affecting new employees and such other employees as desire to be covered thereby and to revise, combine, and consolidate any pension system in effect on the effective date of this charter; provided, however, that in no event shall any revision, combination, or unification of any existing pension system in effect when this charter is adopted result in the curtailment or diminishment of any right accrued under any existing pension system to any person heretofore employed by the City of Milledgeville, Baldwin County, or of any agency of such former governments.
SECTION 8-110. Amending charter.
This charter may be modified, rescinded, changed, or amended by only the following methods:
(1) An Act of the General Assembly of Georgia; or (2) An ordinance adopted by the Board of Commissioners of Milledgeville-Baldwin County, Georgia, as provided for in Article IX, Section II, Paragraph I of the Constitution of the State of Georgia.
SECTION 8-111. Fidelity bonds.
All officers of Milledgeville-Baldwin County, Georgia, both elected and appointed, shall execute such official bonds in such amounts and upon such terms and conditions as the law or the commission may require.
SECTION 8-112. Examples of powers.
The powers of Milledgeville-Baldwin County, Georgia, shall include, but shall not be limited to, the following powers:
(1) Ad valorem taxation: to levy, assess, and collect ad valorem taxes on all taxable property; (2) Other taxes: to levy, assess, and collect other taxes allowed by general law and in accordance therewith; (3) Business regulation and taxation: to levy, assess, and collect occupation taxes and to license and regulate occupations and businesses; (4) Appropriations: to make appropriations and expend funds for support of the unified government and any other lawful purpose;
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(5) Debts: to borrow money and issue bonds as authorized by general law; (6) Property: to own property and interests in property; (7) Gifts: to accept gifts and grants for any purpose related to the powers and duties of the unified government on such terms as the donor may impose; (8) Condemnation: to condemn property inside the unified government for present or future use; (9) Public utilities: to acquire, lease, operate, and dispose of public utilities; (10) Franchises: to grant franchises or make contracts for public utilities and to prescribe the conditions of such franchises and contracts; (11) Roadways: to open, maintain, improve, and close streets and roads and to grant franchises and rights of way thereon; (12) Public facilities: to acquire, operate, and dispose of public buildings, public projects, parks, cemeteries, recreational facilities, and other public improvements inside the unified government; (13) Building regulation: to regulate the building trades and the construction of buildings and to adopt and enforce building, housing, plumbing, electrical, gas, heating, and air conditioning codes; (14) Planning and zoning: to adopt land, use plans, and exercise the power of zoning, subdivision regulation, and the like; (15) Police power: to exercise the police power for the public safety and well-being of the citizens of the unified government; (16) Roadside regulation: to prohibit or regulate signs, billboards, and other items upon or adjacent to streets and roads; (17) Health: to prescribe and enforce health and sanitation standards; (18) Pollution: to regulate emissions which pollute the air and water; (19) Fire safety: to fix fire limits and to prescribe and enforce fire safety regulations; (20) Public hazards: to provide for the destruction or removal of public hazards; (21) Waste disposal: to provide for and regulate the collection, disposal, and recycling of garbage and wastes; (22) Water and sewer fees: to fix and collect water and sewer fees; (23) Garbage fees: to fix and collect garbage fees; (24) Nuisances: to define and provide for the abatement of nuisances; (25) Property protection: to preserve and protect the property of the unified government; (26) Prisoners: to provide for public work by prisoners and for their confinement; (27) Animal control: to regulate or prohibit the keeping of animals; (28) Motor vehicles: to regulate the operation and parking of motor vehicles; (29) Taxicabs: to regulate vehicles operated for hire in the unified government; (30) Pensions: to provide and maintain a system of pensions and retirement for employees and officers of the unified government; (31) Special assessments: to levy, assess, and collect special assessments to cover the cost of public improvements; (32) Contracts: to enter into lawful contracts and agreements;
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(33) Agencies: to create, alter, or abolish departments, boards, offices, commissions, authorities, and agencies of the unified government and to confer appropriate authority upon them; (34) Penalties: to provide penalties for violations of ordinances of the unified government; (35) Law enforcement and fire protection: to exercise the power of arrest through appointed deputies and to operate a fire department; (36) Emergencies: to provide for the determination, proclamation, and combating of emergencies; (37) Urban redevelopment: to organize and operate an urban redevelopment program; (38) Public transportation: to organize and operate public transportation programs; and (39) General health, safety, and welfare: to define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the unified government.
SECTION 8-113. Provision of services.
When determining services to be provided, the unified government of MilledgevilleBaldwin County, Georgia, shall always attempt:
(1) To efficiently allocate resources to increase the quality of life for all citizens of Milledgeville-Baldwin County, Georgia; (2) To provide the highest quality services to all citizens of Milledgeville-Baldwin County, Georgia; (3) To ensure efficient utilization of community resources; (4) To promote equity for all citizens in the delivery of governmental services throughout Milledgeville-Baldwin County, Georgia; and (5) To recognize and consider the advantages of the provision of services through contractual arrangements with other governments and private enterprises.
SECTION 8-114. Historic items.
It shall be the responsibility of the unified government to collect, preserve, and display documents and other items of historical significance to the City of Milledgeville, Baldwin County, and Milledgeville-Baldwin County, Georgia.
SECTION 8-115. Section captions.
The captions to the several sections of this charter are informative only and are not to be construed as a part thereof.
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SECTION 8-116. Effect of repeals.
No law heretofore repealed, expressly or by implication, shall be revived by the repeal herein of the repealing Act or by any provision of this charter that disclaims an intention to repeal or affect enumerated laws.
SECTION 8-117. Severability clause.
If any provision of this charter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this charter which can be given effect without the invalid provision or application; and to this end, the provisions of this charter are declared to be severable.
ARTICLE IX TRANSITION PROVISION
SECTION 9-101. Provision of services during transition.
In order to unify the two governments and to assure the common and continued administration of services currently provided by both the City of Milledgeville and Baldwin County, the following procedures shall apply:
(1) On the effective date of the new unified government, all services currently provided by the county shall be provided through the general services district to all residents of the county, and all services provided by the city shall be provided through the urban services district to the current residents of the City of Milledgeville. Assuming the continued availability of state and federal funds, these services arrangements shall apply until modified as provided under the provisions cited below; (2) Within two years of the effective date of this charter, the unified government shall adopt a services delivery plan that includes, but is not limited to, the following:
(A) An administrative mechanism with appropriate status and adequate budget to develop and implement a comprehensive program of human and economic development which shall be responsible for identifying problems and needs that exist in the community and for identifying and securing resources needed to effectively address these problems and needs; and (B) An administrative mechanism with appropriate status and adequate budget to develop and implement adequate parks and recreation programs that will be available to all citizens of Milledgeville-Baldwin County, Georgia; and (3) The unified government shall work with due speed to equalize the charges for all services throughout the county.
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SECTION 9-102. Protection and compensation of existing employees.
(a) All full-time employees of the City of Milledgeville and Baldwin County, Georgia, and all full-time employees of any department, office, or agency thereof shall, upon the termination of said city and county governments and the inception of the unified government, shall become employees of the unified government or of a department, office, or agency thereof and shall be assigned to duties as similar in nature as may be practicable within said unified government. (b) No permanent full-time employee of the City of Milledgeville or Baldwin County shall lose employment or suffer any diminution of compensation resulting from the adoption of this charter. The definition of compensation includes, but is not limited to, salary, retirement benefits, and annual and sick leave. This provision shall not apply to any position which requires appointment by the mayor and confirmation by a majority of the commission under paragraph (2) of Section 3-105 of this charter. (c) Within 12 months of the effective date of this charter, the unified government shall have begun implementation of a plan that ensures that all employees performing the same functions and having the same responsibilities receive uniform compensation by the end of the second year of operation of the unified government. This requirement that there be a uniform level of compensation throughout Milledgeville-Baldwin County, Georgia, by the end of the fourth year shall not require that there be any freeze on employee compensation. (d) Elimination of the duplication of functions shall be addressed through attrition and reassignment. Therefore, no permanent full-time employee of the City of Milledgeville or Baldwin County, Georgia, at the time of unification shall suffer any diminution of compensation resulting from the adoption of this charter. This provision shall not apply to any position which requires appointment by the mayor and confirmation by a majority of the commission under paragraph (2) of Section 3-105 of this charter. (e) All new employees hired by the governing authorities of Baldwin County and the City of Milledgeville following the ratification of this charter by the voters shall be deemed temporary employees until such employment is ratified by the unified government of Milledgeville-Baldwin County, Georgia.
SECTION 9-103. Effective date of charter.
This charter shall become fully effective in accordance with Section 9-112 of this charter upon the election of a mayor, vice mayor, and board of commissioners for MilledgevilleBaldwin County, Georgia, and their taking office as the governing authority of the unified government.
SECTION 9-104. Initial budget.
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The first full 12 month budget of the unified government shall not exceed an amount equal to the combined fiscal year general operating budgets of the City of Milledgeville and Baldwin County from the immediately preceding fiscal year of the City of Milledgeville and Baldwin County, plus increases due to inflation as specified in the Consumer Price Index from the United States government, if approved, but not including capital road improvements and other special revenue funds under special purpose local option sales taxes or additional transfer tax fees.
SECTION 9-105. Number of employees.
For a period of 24 months from the effective date of this charter, the total number of employees of Milledgeville-Baldwin County, Georgia, shall not exceed the combined number of employees authorized for the governments of the former City of Milledgeville and Baldwin County on the effective date of this charter except as otherwise mandated by law.
SECTION 9-106. Cooperation of former governments.
(a) All officers, officials, and employees of the former City of Milledgeville and Baldwin County shall cooperate with and assist the mayor; the board of commissioners; the Milledgeville-Baldwin County, Georgia, county manager; and other officers of Milledgeville-Baldwin County, Georgia:
(1) In planning the unification of departments, boards, commissions, authorities, and agencies of such former governments and in transferring the functions, duties, and responsibilities of such departments, boards, commissions, authorities, and agencies to the appropriate agencies of the unified government of Milledgeville-Baldwin County, Georgia; and (2) In all other respects in order that the merger of the governments be accomplished in the most orderly manner possible. The officers of the unified government shall be entitled to examine all records, files, and other data in the possession of the former governments and of all officers, officials, employees, and departments thereof. The former governments shall, to the extent possible, provide working areas and facilities for the officers of the unified government. (b) During the time period beginning upon the ratification of this charter by the voters and extending until this charter becomes fully effective, it shall be illegal for any member of the governing authority of Baldwin County or the governing authority of the City of Milledgeville to violate the terms of this charter. (c) During the time period beginning upon the ratification of this charter by the voters and extending until this charter becomes fully effective, the governing authority of the City of Milledgeville and the governing authority of Baldwin County shall not be
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authorized to increase their respective budgets by more than 10 percent above the budget level existing on the date of the ratification of this charter by the voters.
SECTION 9-107. Existing ordinances and resolutions continued in effect.
(a) Subject to subsection (d) of this section, existing ordinances and resolutions of the Board of Commissioners of Baldwin County and existing rules and regulations of county departments or agencies, not inconsistent with the provisions of this charter, shall continue in effect as ordinances, resolutions, rules, or regulations of MilledgevilleBaldwin County, Georgia, or the appropriate department or agency thereof until they have been repealed, modified, or amended. (b) Subject to subsection (d) of this section, existing ordinances and resolutions of the City of Milledgeville, not inconsistent with the provisions of this charter, shall continue in effect as ordinances and resolutions of Milledgeville-Baldwin County, Georgia, and shall apply only to the area included within the urban services district until they have been repealed, modified, or amended. (c) Subject to subsection (d) of this section, in the event of a conflict between any of the ordinances or resolutions continued by this section, the provisions thereof shall apply only to the territory of the unified government that such ordinance or resolution applied prior to the effective date of this charter and until such ordinance or resolution is repealed, changed, or amended to eliminate the conflict. (d) Twenty-four months after the effective date of this charter, all ordinances and resolutions shall apply uniformly throughout the area of the unified government. Prior to this date, the commission shall review all ordinances and resolutions and take whatever action is needed to remove any conflicts between ordinances and resolutions continued by this section in order to produce a uniform body of ordinances and resolutions, free of any conflicts or contradictions between such provisions.
SECTION 9-108. Contracts and obligations.
(a) Except as otherwise provided by this charter, all contracts, orders, leases, bonds, and other obligations or instruments entered into by Baldwin County or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights of the unified government; provided, however, that any obligation created by Baldwin County to become effective after the date of approval of this charter and prior to the effective date of this charter shall be subject to ratification and approval by the Board of Commissioners of Milledgeville-Baldwin County, Georgia, within six months following the effective date of this charter. (b) Except as otherwise provided by this charter, contracts, orders, leases, bonds, and other obligations or instruments entered into by the City of Milledgeville or for its benefit prior to the effective date of this charter shall continue in effect according to the terms
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thereof as obligations and rights of the unified government; provided, however, that any obligation created by the City of Milledgeville to become effective after the date of approval of this charter and prior to the effective date of this charter shall be subject to ratification and approval by the Board of Commissioners of Milledgeville-Baldwin County, Georgia, within six months following the effective date of this charter. (c) No pending action or proceeding of any nature, whether civil, criminal, judicial, administrative, or other, by or against the City of Milledgeville or Baldwin County or an agency or department thereof, shall be abated or otherwise affected by the adoption of this charter, and Milledgeville-Baldwin County, Georgia, shall stand substituted as a party in lieu thereof.
SECTION 9-109. Dissolution of existing governments.
On the effective date of this charter, the Board of Commissioners of Baldwin County and the mayor and council of the City of Milledgeville and all the officers thereof and the offices thereof not continued under this charter shall be repealed and abolished, and all emoluments appertaining thereto shall cease. Thereupon, the governments of Baldwin County and the City of Milledgeville shall terminate as separate political entities, and all powers, functions, duties, and obligations thereof shall be transferred to and vested in the unified government created by this charter.
SECTION 9-110. Transfer of records and equipment.
When an agency of the City of Milledgeville or of Baldwin County is abolished or unified by this charter, all books, papers, maps, charts, plans, records, other equipment, and personal property in possession of such agency shall be delivered to the agency to which its rights, powers, duties, and obligations are transferred.
SECTION 9-111. Officers serve until successors qualify.
Notwithstanding any other provision of this charter, any officer performing duties under the government of the City of Milledgeville or Baldwin County may continue to perform the duties thereof until a successor, whether under the same title or office of another, shall be elected or appointed and qualified to perform the duties, it being the intention hereof that no duty or service shall lapse or be abandoned because of lack of an officer to perform such duty or service.
SECTION 9-112. Referendum on the charter.
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(a) If it is permissible under Code Section 21-2-540 of the O.C.G.A. to conduct a special election to submit a referendum to the voters on the third Tuesday in July, 2015, it shall be the duty of the Baldwin County Board of Elections to call an election for approval or rejection of the proposed charter to be held on such date; otherwise, it shall be the duty of the Baldwin County Board of Elections to call an election for approval or rejection of the proposed charter to be held on the Tuesday immediately following the first Monday in November, 2015. The board shall cause the date and purpose of the election to be published once a week for two calendar weeks immediately preceding the date thereof in the official legal organ of Baldwin County. The ballot shall have written or printed thereon the following:
"( ) YES Shall the charter unifying the governments of the City of Milledgeville ( ) NO and Baldwin County and creating a single county-wide government to
supersede and replace those governments be approved?"
(b) All persons desiring to vote for approval of the charter shall vote "Yes," and those persons desiring to vote for rejection of the charter shall vote "No." If more than one-half of the votes cast by the qualified voters of Baldwin County residing within the corporate limits of the City of Milledgeville are for approval of the charter and if more than onehalf of the total votes cast by all the qualified voters of Baldwin County are for approval of the charter, then the charter shall become effective for the purposes of electing the mayor and commission and for transition activities immediately and for all purposes on July 1, 2016, if the election is held in July, 2015, or on January 1, 2017, if the election is held on the Tuesday immediately following the first Monday in November, 2015. Otherwise, it shall be void and of no force and effect and shall stand repealed by operation of law. The expense of such election shall be borne equally by the City of Milledgeville and Baldwin County. (c) The special election shall be conducted pursuant to Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," except to the extent specifically provided otherwise by this charter. (d) A qualified voter, as used herein, shall mean a voter of Baldwin County qualified to vote for members of the General Assembly of Georgia. The board shall certify the returns to the Secretary of State. The board shall also furnish a certified copy of the charter to the Secretary of State. The Secretary of State shall issue a proclamation showing and declaring the result of the election on the approval or rejection of the charter. One copy of the proclamation shall be attached to the copy of the charter certified to the Secretary of State. One copy of the proclamation shall be delivered to the clerk of the governing authority of the City of Milledgeville who shall attach the same to the copy of the charter previously certified to him or her. One copy of the proclamation shall be delivered to the clerk of the governing authority of Baldwin County who shall attach the same to the copy of the charter previously certified to him or her. (e) Whenever a charter for the unification of the governments of the City of Milledgeville and Baldwin County has been accepted, the certified copies thereof as provided for in this section, with the proclamation of the Secretary of State of Georgia
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attached thereto, shall be deemed duplicate original copies of the charter of the unified government for all purposes. The certified copy of the charter and proclamation deposited with the clerk of the governing authority of the City of Milledgeville and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of Baldwin County shall subsequently be delivered by them to the successor government. The successor government may issue certified copies of the charter, and any copy so certified shall be deemed a duplicate original copy of the charter of the unified government for all purposes. The Secretary of State is authorized to issue certified copies of the charter on file, and copies so certified shall be deemed duplicate original copies of the charter of the unified government for all purposes. (f) Upon the approval of this charter, a transition team shall be established and initially composed of two members appointed by the member of the Senate who represents Baldwin County, two members appointed by the member of the House of Representatives who represents Baldwin County, the mayor of the City of Milledgeville, and the chairperson of the Board of Commissioners of Baldwin County. Upon their election, the members of the Milledgeville-Baldwin County unified government shall become members of the transition team. In the event that one or more newly elected members are already serving on the transition team, no additional member shall be added to replace such person. (g) Funding for transition activities shall come from the additional franchise fees that will become available from the unincorporated areas of Baldwin County upon adoption of the unified charter. (h) The transition team may make recommendations for revisions of the charter through the state legislative process prior to the actual implementation of the charter. (i) The following shall be the transition operational timeline:
2015 The charter shall be submitted to the General Assembly requesting that local legislation allowing a vote on the Milledgeville-Baldwin County Unified Government Charter take place in July, 2015, if permissible under Code Section 21-2-540, or in conjunction with the November, 2015, municipal general election. If the referendum is approved in July, 2015, elect commissioners for the Milledgeville-Baldwin County Unified Government in November, 2015.
2016 Merge all city and county departments and request the General Assembly to enact local legislation authorizing the formation of a Milledgeville-Baldwin County Water and Sewer Authority. If the referendum on the approval of the charter is held in conjunction with the 2015 November municipal general election, elect mayor, vice mayor, and commissioners for the MilledgevilleBaldwin County Unified Government at the 2016 presidential preference primary. If the mayor, vice mayor, and commissioners were elected in November, 2015, the unified government shall begin on July 1, 2016.
2017 If the mayor, vice mayor, and commissioners are elected at the 2016 presidential preference primary, then the unified government shall begin on January 1, 2017. All remaining departments and offices of the Baldwin County
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government and the City of Milledgeville government shall be merged as soon as practicable following the initiation of the new unified government.
ARTICLE X REPEALS SECTION 10-101. Specific repeals.
(a) Upon this charter becoming fully effective, an Act providing for a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), and all amendatory Acts thereto, is repealed. (b) Upon this charter becoming fully effective, an Act creating the Board of Commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), and all amendatory Acts thereto, is repealed.
SECTION 10-102. Repeal of conflicting laws.
All laws and parts of laws in conflict with this charter are hereby repealed.
Plan: MillBaldCC-2015 Plan Type: Local Administrator: H145 User: Gina
District 001 Baldwin County VTD: 009319 - WEST BALDWIN 970500: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3040 3042 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 970800: 2000 2002 2003 4000 4001 4002 4003 4004 4005 4006 4008 4009 4010 4011 4012 4013 VTD: 009CTY1 - SOUTH MILLEDGEVILLE 970300: 2004 2006 2007 2009 2010 2012 2013 2014 2016 2017 2021 2027 2028 2029 2046 2071 2072 2073 2077 2079 2081 2086 2089 970400: 2003 2009 2011 2012 2013 2014 2021 2022 2024 3017 3021 3024
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3025 3033 3034 970500: 3028 3034 3036 3041 3043 VTD: 009CTY3 - BODDIE 970400: 3000 3001 3002 3004 3035 3036 VTD: 009CTY5 - FIRE DEPT 970400: 1012 1013 1014 1016 1017 1018 1019 1020 1021 2000 2001 2002 2005 2006 2007 2008 2010 2015 2016 2017 VTD: 009CTY6 - NORTH MILLEDGEVILLE 970400: 1006 1010 1011 2004 2018 VTD: 009MERI - MERIWEATHER 970300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 2000 2001 2002 2003 2005 2008 2011 2015 2018 2019 2020 2022 2023 2024 2025 2026 2074 2075 2078 2080 2082 2083 2084 970400: 2019 2020 2023 2025 2026 3018 3019 3020 3022 3023 3026 3027 3028
District 002 Baldwin County VTD: 009318 - NORTH BALDWIN 970200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 2000 2001 2002 2003 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2023 2024 3000 3001 3002 3003 3004 3005 3006 3007 3009 3010 3014 3015 3022 3024 3028 3029 3032 3033 3034 3043 3044 3045 3051 3052 3053 3054 3055 3071 4002 970300: 2032 2035 2036 2037 2038 2039 2040 2041 2044 2048 2056 2057 2062 2064 2067 2068 2087 970400:
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1002 1005 VTD: 009CTY1 - SOUTH MILLEDGEVILLE 970200: 2004 2005 2022 970300: 2031 2042 2043 2045 2047 2049 2050 VTD: 009CTY3 - BODDIE 970200: 3040 3041 3042 3056 3057 3058 3059 3060 3069 3070 4003 VTD: 009CTY5 - FIRE DEPT 970200: 3061 3062 3063 VTD: 009CTY6 - NORTH MILLEDGEVILLE 970100: 1047 1049 1050 1056 1072 1075 1076 1077 970200: 3008 3011 3012 3013 3016 3017 3018 3019 3020 3021 3023 3025 3026 3030 3031 3035 3036 3037 3038 3039 3046 3047 3048 3049 3050 3064 3065 3066 970300: 2030 2033 2034 2051 2052 2053 2054 2055 2058 2059 2060 2061 2063 2065 2066 2069 2070 2076 2085 2088 970400: 1000 1001 1003 1004 1007 1008 1009 1015 1022 VTD: 009MONT - EAST BALDWIN 970100: 1000 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1048 1051 1052 1053 1054 1055 1057 1058 1059 1060 1061 1062 1073 1074 1078 1081 1082 1083 1084 970200: 3027
District 003 Baldwin County VTD: 009318 - NORTH BALDWIN 970200: 3067 VTD: 009321E - EAST HARDWICK 970701: 2004 2005 2017 2018 2021 2022 2026 2027 2029 2030 2031 2032
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2033 3000 3006 3007 970702: 1009 1016 1022 1023 1024 1025 1026 1028 1029 2001 2002 2004 VTD: 009CTY1 - SOUTH MILLEDGEVILLE 970400: 3006 3007 3010 3012 3013 3014 3015 3016 3029 3030 3032 4019 5007 5008 5014 5026 5027 5028 970500: 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 2031 2032 2041 2042 2043 2044 2045 2049 2050 2051 2052 VTD: 009CTY2 - CITY HALL ANNEX 970701: 1014 1017 1018 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1033 1034 1035 2000 2001 2002 2003 2006 2007 2008 2009 2019 2020 2028 3001 3002 3003 3004 3005 3008 3009 970702: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1010 1011 1012 1013 1014 1015 1017 1018 1027 1030 1031 2000 VTD: 009CTY3 - BODDIE 970200: 4000 4001 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5018 5019 5020 5021 970701: 1000 1001 1002 1003 1004 1005 1006 1010 1011 1012 1013 VTD: 009CTY4 - COURTHOUSE 970400: 5000 5001 5002 5003 5010 5011 5012 5013 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5029 5030 5031 970600: 1008 1009 1012 970701: 1032 1036 VTD: 009CTY5 - FIRE DEPT 970400: 3003 3005 3008 3009 3011 3031 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4020 4021 4022 4023 4024 4025 4026 5004 5005 5006 5009 VTD: 009MONT - EAST BALDWIN 970100: 1001 1063 1064 1065 1066 1067 1068 1069 1070 1071 1079 1080 1085 1086 1087 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
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2021 2022 2023 2024 2025 2026 2027 2028 2029 3006 3008 3010 3011 3019 3020 3021 3022 970200: 3068 5016 5017
District 004 Baldwin County VTD: 0091714 - SCOTTSBORO VTD: 009321E - EAST HARDWICK 970701: 1038 2011 2012 2014 2015 2016 2025 3015 3016 3017 3018 3019 3020 3028 3029 3030 3032 3039 3041 3042 3043 3044 3045 970702: 1019 1020 1021 2003 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2016 2017 2018 2051 VTD: 009321W - WEST HARDWICK 970600: 1002 1003 1004 1005 1006 1007 1010 1011 1013 1014 1015 1024 1025 1026 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4020 4021 4022 4023 4024 4025 4026 VTD: 009CTY2 - CITY HALL ANNEX 970702: 2015 2019 2020 2021 2022 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2054 970800: 1001 1002 1003 1004 1005 1015 1016 1017 1020 1021 1022 1023 VTD: 009CTY4 - COURTHOUSE 970701: 1037 2010 2013 2023 2024 3010 3011 3012 3013 3014 3021 3022 3023 3024 3025 3026 3027 3031 3033 3034 3035 3036 3037 3038 3040 970702: 2023 2024 2025 2026 2027 2028 VTD: 009MONT - EAST BALDWIN 970100: 3000 3001 3002 3003 3004 3005 3007 3009 3012 3013 3014 3015 3016 3017 3018 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067
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3068 3069 3070 3071 3072 3073 3074 970702: 2052 2053 970800: 1000 1019 1064 1065
District 005 Baldwin County VTD: 009319 - WEST BALDWIN 970500: 3029 3046 3047 3048 3049 3075 3081 3082 3085 3086 VTD: 009321W - WEST HARDWICK 970600: 1016 1017 1018 1019 1020 1021 1022 1023 1027 1028 1029 1030 1031 1032 1033 1034 1035 2001 2002 2005 2009 2010 2011 2013 2015 2016 2018 2021 2022 2023 2024 2025 2026 2027 2028 2029 4017 4018 970800: 2001 2004 2005 2006 2007 2008 2009 2010 2011 2012 2016 2017 2018 VTD: 009322 - COOPERS VTD: 009CTY1 - SOUTH MILLEDGEVILLE 970500: 1023 1024 2000 2001 2002 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 2033 2034 2035 2036 2037 2038 2039 2040 2046 2047 2048 3030 3031 3032 3033 3035 3037 3038 3039 3044 3045 3076 3077 3078 3079 3080 3083 3084 3087 970600: 2003 2004 2006 2007 2008 2012 2014 2017 2019 2020 2030 2031 2032 2033 2034 VTD: 009CTY2 - CITY HALL ANNEX 970500: 1047 1048 1049 1050 970600: 1000 970701: 1015 1016 1019 1020 1021 VTD: 009CTY3 - BODDIE 970701: 1007 1008 1009 VTD: 009CTY4 - COURTHOUSE
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970500: 1000 1001 1002 1003 1004 1005 1006 1017 1018 1019 1020 1021 1022 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1051 1052 1053 970600: 1001 2000 VTD: 009MERI - MERIWEATHER 970500: 2003
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 88. By Representative Prince of the 127th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Stapleton, approved March 30, 2000 (Ga. L. 2000, p. 3543), as amended, particularly by an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 743), so as to change the terms of office of the mayor and councilmembers; to provide for at-large elections; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 101. By Representative Cheokas of the 138th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Schley County, approved March 4, 1977 (Ga. L. 1977, p. 2955), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3822), so as to change the description of education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; 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 102. By Representative Cheokas of the 138th:
A BILL to be entitled an Act to provide that the judge of the Probate Court of Schley County shall also serve as the judge of the Magistrate Court of Schley
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County on and after January 1, 2017; to provide for the continuation in office and expiration of term of the current magistrate judge; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 125. By Representative Belton of the 112th:
A BILL to be entitled an Act to provide a homestead exemption from City of Rutledge ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 148. By Representatives Dickey of the 140th and Clark of the 147th:
A BILL to be entitled an Act to authorize the governing authority of the City of Byron 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 Y Alexander Y Allison N Anderson Y Atwood Y Ballinger E Barr Y Battles E Beasley-Teague N Bell
Y Coomer Y Cooper Y Corbett N Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar
Y Harbin Y Harden
Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes
Y Meadows N Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver Y O'Neal
Pak Y Parrish
Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Stover Y Strickland
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Y Belton N Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Douglas Y Drenner Y Dudgeon E Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd N Fludd Y Frazier Y Frye
Gardner Y Gasaway Y Geisinger
Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan
Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall E McClain
Y Parsons Y Peake Y Petrea Y Pezold
Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Rakestraw Y Ramsey Y Randall E Reeves
Rice Y Roberts Y Rogers, C Y Rogers, T
Rutledge Y Rynders N Scott E Setzler Y Sharper
Shaw Y Sims Y Smith, E Y Smith, L
Y Tankersley Y Tanner
Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
Vacant, 120th Vacant, 50th Y Waites Watson Y Welch Y Weldon Y Werkheiser 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 146, nays 9.
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 Hamilton of the 24th, Cheokas of the 138th, Williams of the 87th, Benton of the 31st, Casas of the 107th, Ehrhart of the 36th, Gardner of the 57th, Dempsey of the 13th, Smith of the 70th et al., and Cooper of the 43rd.
The Speaker Pro Tem assumed the Chair.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Clark of the 98th, Ramsey of the 72nd, Ballinger of the 23rd, and Fludd of the 64th.
Pursuant to HR 38, the House commended the Echols County Drama Club and invited the members to be recognized by the House of Representatives.
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429
The Speaker assumed the Chair.
Pursuant to HR 111, the House recognized February 3, 2015, as Georgia Southern University Day at the capitol and invited President Brooks Keel, Dr. Jean Bartels, Rachel Neuhauser, and Andrew Smallwood to be recognized by the Georgia House of Representatives.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 198. By Representatives Bruce of the 61st, Fludd of the 64th, Alexander of the 66th, Thomas of the 56th, Brooks of the 55th and others:
A RESOLUTION commending Willie Bolden on the active role he played in the Civil Rights Movement and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 199. By Representatives Bruce of the 61st, Fludd of the 64th, Alexander of the 66th, Thomas of the 56th, Brooks of the 55th and others:
A RESOLUTION commending Lonnie C. King, Jr., for the extraordinary part he played in the Civil Rights Movement 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 174 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 174. By Representatives Wilkinson of the 52nd, Jones of the 47th, Teasley of the 37th, Dollar of the 45th, Beskin of the 54th and others:
A RESOLUTION recognizing February 17, 2015, as the Building Owners and Managers Association of Georgia (BOMA Georgia) Day at the Capitol, offering best wishes for the success of the BOMA Georgia Foundation, and inviting members to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
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HR 200. By Representative Maxwell of the 17th:
A RESOLUTION recognizing and commending Mrs. Linda Holbrook Lawrence on the grand occasion of her retirement; and for other purposes.
HR 201. 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 202. By Representative Carson of the 46th:
A RESOLUTION recognizing and commending Oliver John Park; and for other purposes.
HR 203. By Representative Cheokas of the 138th:
A RESOLUTION honoring the life and memory of William "Bill" Stephen Perry, Sr., and expressing sincere regrets at his passing; and for other purposes
HR 204. By Representatives Peake of the 141st, Pezold of the 133rd, Hatchett of the 150th and Kaiser of the 59th:
A RESOLUTION commending the restaurant industry of Georgia and recognizing February 18, 2015, as State Restaurant Day at the state capitol; and for other purposes.
HR 205. By Representatives Thomas of the 56th, Jones of the 53rd, Stovall of the 74th, Bell of the 58th and Brooks of the 55th:
A RESOLUTION recognizing and commending Vertical Church on the occasion of its 3rd anniversary; and for other purposes.
HR 206. By Representatives Taylor of the 79th, Wilkinson of the 52nd, Yates of the 73rd, Caldwell of the 20th, Beskin of the 54th and others:
A RESOLUTION recognizing January 24, 2015, as the 50th anniversary of the death of Sir Winston Churchill and honoring his memory in the House of Representatives; and for other purposes.
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431
HR 207. By Representatives Ramsey of the 72nd, O`Neal of the 146th, Mabra of the 63rd, Yates of the 73rd, Stover of the 71st and others:
A RESOLUTION commending Michael Crofton for being chosen as part of Team USA to compete in this year's Special Olympics World Summer Games; and for other purposes.
HR 208. By Representative Dickey of the 140th:
A RESOLUTION commending John Kirkland for being chosen as part of Team USA to compete in the 2015 Special Olympics World Summer Games; and for other purposes.
HR 209. By Representatives Drenner of the 85th and Henson of the 86th:
A RESOLUTION commending the Sea Trust Institute and its Action Within A Resilient Environment (A.W.A.R.E.) program; and for other purposes.
HR 210. By Representatives Bruce of the 61st, Fludd of the 64th, Alexander of the 66th, Thomas of the 56th, Brooks of the 55th and others:
A RESOLUTION commending Georgia civil rights leader Frank Holloway; and for other purposes.
HR 211. By Representatives Bruce of the 61st, Fludd of the 64th, Alexander of the 66th, Thomas of the 56th, Brooks of the 55th and others:
A RESOLUTION honoring the life and memory of Herman Jerome "HJ" Russell, Sr.; and for other purposes.
HR 212. By Representatives Bruce of the 61st, Fludd of the 64th, Alexander of the 66th, Thomas of the 56th, Brooks of the 55th and others:
A RESOLUTION commending Eva Kendrick for her work with the Civil Rights Movement; and for other purposes.
HR 213. By Representatives Atwood of the 179th, Benton of the 31st, Stover of the 71st, Tarvin of the 2nd and Williams of the 119th:
A RESOLUTION congratulating Cecil Woods upon her 105th birthday; and for other purposes.
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HR 214. By Representatives Atwood of the 179th, Caldwell of the 131st, Coomer of the 14th, Willard of the 51st, Meadows of the 5th and others:
A RESOLUTION honoring Colonel Keith Herbert Hodges, United States Army retiree; and for other purposes.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
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433
Representative Hall, Atlanta, Georgia
Wednesday, February 4, 2015
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 E Barr Battles Beasley-Teague E Bell Belton Bennett Bentley Benton Beskin Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter Chandler Cheokas Clark, D Clark, H Clark, V Coleman Cooke
Coomer Cooper Corbett E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Douglas Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Frazier Frye Gardner Gasaway Geisinger Glanton Golick Gordon Gravley Hamilton Harbin
Harden Harrell Hatchett Hawkins Henson Hightower Hitchens Holcomb Holmes Houston Howard Jackson Jasperse Jones, J Jones, J.B. Jones, L Jones, S E Jordan Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lumsden Mabra Marin Martin Maxwell Mayo McCall McClain
Meadows Mitchell Morris Nimmer Nix O'Neal Pak Parrish Parsons E Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick Rakestraw Ramsey Randall Reeves Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott E Setzler Sharper Shaw Sims Smith, E
Smith, L Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R E Stephenson Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Teasley Thomas, E Trammell Turner Waites Watson Welch E Weldon Werkheiser 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, Casas of the 107th, Floyd of the 99th, Fludd of the 64th, Greene of the 151st, Hugley of the 136th, Jacobs of the 80th, Mosby of the 83rd, Oliver of the 82nd, Taylor of the 79th, and Thomas of the 56th.
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They wished to be recorded as present.
Prayer was offered by Reverend Houston Anderson, Senior Pastor, Stronghold Christian Church East, Eatonton, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 12. By Representatives Rogers of the 10th, Yates of the 73rd, Meadows of the 5th, Holcomb of the 81st, Hitchens of the 161st and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to establish the criminal offense of fraudulent representation of military service; to provide for a short title; to provide for definitions; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Judiciary Non-Civil.
HB 199. By Representatives Corbett of the 174th, Nimmer of the 178th, Shaw of the 176th, Epps of the 144th, Carter of the 175th and others:
A BILL to be entitled an Act to amend Part 1A of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to timber harvesting and removal requirements, so as to require notice of timber harvesting only in an approved form; to provide that one bond shall be required for each county; to provide that no county may require an administrative fee for receiving a notice of timber harvesting; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 200. By Representatives Parsons of the 44th, Kaiser of the 59th and Rice of the 95th:
A BILL to be entitled an Act to amend Code Section 48-7-40.16 of the Official Code of Georgia Annotated, relating to an income tax credit for lowemission vehicles, so as to change the amount of the credit for electric vehicle chargers; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 201. By Representatives Parsons of the 44th, Drenner of the 85th, Hugley of the 136th and Houston of the 170th:
A BILL to be entitled an Act to amend Part 1A of Article 2 of Chapter 5 of Title 46 of the O.C.G.A., relating to telephone system for the physically impaired, so as to change certain provisions relating to the establishment, administration, and operation of the state-wide dual party relay service and audible universal information access service; to change certain legislative findings and declarations; to eliminate the prohibition as to the distribution of telecommunications equipment under telecommunications equipment distribution program based on a certain income level; to provide that wireless devices and applications may be distributed as part of the telecommunications equipment distribution program; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
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HB 202. By Representatives Battles of the 15th, Williamson of the 115th, Harrell of the 106th, Jasperse of the 11th, Taylor of the 79th and others:
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 effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 203. By Representatives Williams of the 119th and Quick of the 117th:
A BILL to be entitled an Act to provide a new charter for the Town of Bishop; to provide for related matters; to provide for severability; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 204. By Representatives Beskin of the 54th, Willard of the 51st, Pak of the 108th, Caldwell of the 131st, Oliver of the 82nd 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 "Civil Practice Act," so as to change provisions relating to when opposing affidavits shall be served in motions for summary judgment; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 205. By Representative Rice of the 95th:
A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to require a driver who refused blood alcohol concentration testing as required by implied consent laws or an offender convicted of DUI with a blood alcohol concentration of 0.15 grams or higher to install and maintain ignition interlock devices on his or her vehicle; to amend Chapter 6 of Title 40 of the O.C.G.A., relating to uniform rules of the road, so as to provide for the probation of terms of imprisonment for DUI offenders in certain instances; to amend Article 7 of Chapter 8 of Title 42 of the O.C.G.A., relating to ignition interlock devices as condition of probation, so as to provide for the court issuance of a certificate of
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installation of ignition interlock devices; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 206. By Representatives Harrell of the 106th, Lumsden of the 12th, Hitchens of the 161st, Rutledge of the 109th and Holcomb of the 81st:
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 for procedure for passing sanitation vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 207. By Representatives Beskin of the 54th, Willard of the 51st, Pak of the 108th, Caldwell of the 131st, Quick of the 117th 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 change provisions relating to when a judge, judicial officer, grand juror, or trial juror may be disqualified from presiding or serving, as applicable, due to being related by consanguinity or affinity to a party; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 208. By Representatives Kirby of the 114th, Caldwell of the 20th, Turner of the 21st, Battles of the 15th, Cantrell of the 22nd 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 eliminate the state income tax; to increase the rate of tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible property and on certain services; to provide for a sales tax rebate; to provide for procedures, conditions, and limitations; to provide for conforming changes with respect to certain tax ceilings, imposition of taxes, collection from dealers, disposition of certain excess taxes, compensation of dealers for reporting and paying taxes, and payment of taxes by certain contractors; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Ways & Means.
HB 209. By Representatives Cantrell of the 22nd, Teasley of the 37th, Casas of the 107th, Evans of the 42nd, Stovall of the 74th 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 "Georgia Special Needs Scholarship Act," so as to revise the prior school year attendance requirement to the prior semester; to revise provisions relating to notification of parents of eligible students as to scholarship options; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 210. By Representatives Rogers of the 10th, Mayo of the 84th, Jasperse of the 11th, Dempsey of the 13th, Rice of the 95th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to provide for the dissemination of certain information by the Department of Driver Services; to provide for participation in an anatomical gift donation program when obtaining a personal identification card through the department; to provide for the designation of such participation on personal identification cards; to provide for the dissemination of identifying information for applicants making such election; to provide for legislative findings; to provide for the option of a voluntary contribution from applicants of personal identification cards to prevent blindness and preserve sight; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 211. By Representatives Broadrick of the 4th, Harden of the 148th, Gravley of the 67th, Stephens of the 164th, Weldon of the 3rd 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 change certain provisions relating to Schedules I, III, and IV controlled substances; to change certain provisions relating to the definition of "dangerous drug"; to revise provisions relating to labeling prescription containers of dangerous drugs; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
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HB 212. By Representatives Weldon of the 3rd, Cooper of the 43rd, Hawkins of the 27th, Broadrick of the 4th and Spencer of the 180th:
A BILL to be entitled an Act to amend Code Section 43-34-283 of the Official Code of Georgia Annotated, relating to licensure requirements for pain management clinics, so as to revise a provision relating to the health care professionals who must be on-site at a pain management clinic in order for the clinic to provide medical treatment or services; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 213. By Representatives Jacobs of the 80th, Roberts of the 155th, Smyre of the 135th, Geisinger of the 48th, Mitchell of the 88th 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 provide for a permanent suspension of restrictions on the use of sales and use tax proceeds upon the submission of an independent management audit to certain officials; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 214. By Representatives Jacobs of the 80th, Geisinger of the 48th, Mitchell of the 88th, Taylor of the 79th, Gardner of the 57th 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 provide for the restoration of voting privileges to the Commissioner of the Department of Transportation until 2017; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 215. By Representatives Jacobs of the 80th, Mayo of the 84th, Mosby of the 83rd, Taylor of the 79th, Drenner of the 85th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for an additional exemption to the ceiling on local sales and use taxes which
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may be levied by a political subdivision; to provide for a revised distribution of the proceeds from the levy of an equalized homestead option sales and use tax; to provide for the levy of a special purpose local options sales and use tax in certain counties; to provide for procedures, conditions, and limitations; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 216. By Representatives Gravley of the 67th, Hitchens of the 161st, Powell of the 32nd, Watson of the 172nd, Waites of the 60th and others:
A BILL to be entitled an Act to amend Part 1 of Article 8 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to compensation for occupational diseases, so as to define certain terms; to provide for a rebuttable presumption that certain medical conditions suffered by firefighters are occupational diseases; to provide for applicability; to provide for benefits; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 217. By Representatives Maxwell of the 17th, Bentley of the 139th, Greene of the 151st, Coleman of the 97th, Buckner of the 137th 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 investments and real estate investments, so as to authorize public retirement systems to invest in mutual funds, commingled funds, collective investment funds, common trusts, and group trusts; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
By unanimous consent, the following Bills of the House were read the second time:
HB 30 HB 182 HB 184 HB 186 HB 188 HB 190 HB 192
HB 181 HB 183 HB 185 HB 187 HB 189 HB 191 HB 193
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HB 194 HB 196 HB 198
HB 195 HB 197
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 86 Do Pass, by Substitute
Respectfully submitted, /s/ Benton of the 31st
Chairman
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 2.
By Senators Tippins of the 37th, Sims of the 12th, Cowsert of the 46th, Wilkinson of the 50th, 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 in elementary and secondary education, so as to provide that a student who completes certain requirements relating to postsecondary coursework may be awarded a high school diploma; to provide for rules and regulations; 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 2.
By Senators Tippins of the 37th, Sims of the 12th, Cowsert of the 46th, Wilkinson of the 50th, Millar of the 40th and others:
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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 in elementary and secondary education, so as to provide that a student who completes certain requirements relating to postsecondary coursework may be awarded a high school diploma; 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.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Efstration of the 104th, Werkheiser of the 157th, and Kirby of the 114th.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 216. By Representatives Ramsey of the 72nd, O`Neal of the 146th, Abrams of the 89th, Jones of the 47th, Hatchett of the 150th and others:
A RESOLUTION commending Will Crain, Michael Crofton, Julie Doss, Brooke Hasfjord, John Kirkland, Shannon Laffey, and Jennifer Maddox for being chosen to participate in the 2015 Special Olympics World Summer Games and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 217. By Representatives Gardner of the 57th, Abrams of the 89th, Jones of the 53rd, Hugley of the 136th, Smyre of the 135th and others:
A RESOLUTION commending Mary Long and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 218. By Representative Meadows of the 5th:
A RESOLUTION congratulating the Calhoun High School Lady Jackets softball team on winning the 2014 GHSA Class AAA State Championship, commending Coach Diane Smith on her continued reputation of excellence, and inviting them to be recognized by the House of Representatives; and for other purposes.
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HR 219. By Representative Meadows of the 5th:
A RESOLUTION commending the Calhoun High School competition cheerleading team for winning the 2014 AAA State Championship Title and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 220. By Representative Meadows of the 5th:
A RESOLUTION commending the Calhoun High School football team for winning the 2014 AAA State Championship 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 110 HR 199 HR 219
Do Pass Do Pass Do Pass
HR 198 HR 218 HR 220
Do Pass Do Pass Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 110. By Representatives Kidd of the 145th, Holmes of the 129th, Ehrhart of the 36th, Wilkinson of the 52nd, Jackson of the 128th and others:
A RESOLUTION celebrating Georgia College & State University's quasquicentennial, recognizing February 10, 2015, as Georgia College & State University Day at the state capitol, and inviting Georgia College President, Steve Dorman, to be recognized by the House of Representatives; and for other purposes.
HR 198. By Representatives Bruce of the 61st, Fludd of the 64th, Alexander of the 66th, Thomas of the 56th, Brooks of the 55th and others:
A RESOLUTION commending Willie Bolden on the active role he played in the Civil Rights Movement and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 199. By Representatives Bruce of the 61st, Fludd of the 64th, Alexander of the 66th, Thomas of the 56th, Brooks of the 55th and others:
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A RESOLUTION commending Lonnie C. King, Jr., for the extraordinary part he played in the Civil Rights Movement and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 218. By Representative Meadows of the 5th:
A RESOLUTION congratulating the Calhoun High School Lady Jackets softball team on winning the 2014 GHSA Class AAA State Championship, commending Coach Diane Smith on her continued reputation of excellence, and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 219. By Representative Meadows of the 5th:
A RESOLUTION commending the Calhoun High School competition cheerleading team for winning the 2014 AAA State Championship Title and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 220. By Representative Meadows of the 5th:
A RESOLUTION commending the Calhoun High School football team for winning the 2014 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 221. By Representatives Cooper of the 43rd, Sims of the 123rd, Drenner of the 85th, Dempsey of the 13th and Bennett of the 94th:
A RESOLUTION recognizing Wednesday, February 25, 2015, as Lupus Awareness Day at the state capitol; and for other purposes.
HR 222. By Representatives Kaiser of the 59th and Drenner of the 85th:
A RESOLUTION commending the Atlanta Public Schools System on achieving LEED certification for the Lakewood Stadium, Therrell High School, and Benjamin E. Mays High School projects; and for other purposes.
Pursuant to HR 74, the House commended Georgia State University, recognized February 4, 2015, as Georgia State University Day at the state capitol, and invited the Georgia State University Student Government Association to be recognized by the House of Representatives.
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The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 11 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 Hugh P. Thompson, 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 Hugh P. Thompson 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.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, February 9, 2015, 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 9, 2015.
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Representative Hall, Atlanta, Georgia
Monday, February 9, 2015
Twelfth Legislative Day
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:
Abrams Alexander Allison Anderson Atwood Ballinger Barr E Battles E Beasley-Teague Belton Bennett Bentley Benton E Beverly Broadrick Brockway Brooks Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carter Chandler Cheokas Clark, D Clark, H Clark, V Coleman Cooke Coomer
Cooper Corbett Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Drenner Dudgeon Dunahoo Duncan Ealum Efstration E Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway Glanton Golick Gordon Gravley Greene Hamilton Harden Harrell
Hatchett Hawkins E Henson Hightower Holcomb Holmes Houston Howard Hugley E Jacobs E Jasperse Jones, J Jones, J.B. Jones, L Jones, S E Jordan Kaiser Kelley Kendrick Kidd E Kirby Knight LaRiccia Mabra Marin Martin Maxwell E McCall McClain Meadows Mitchell Nimmer
Nix Oliver O'Neal Pak Parrish Parsons Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick E Rakestraw Ramsey Randall Reeves Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sims Smith, E Smith, L Smith, M
Smith, R Smyre Spencer Stephens, M Stephens, R Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Teasley Thomas, A.M. Thomas, E E Trammell Turner Waites Watson Welch Weldon Werkheiser 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, Beskin of the 54th, Bruce of the 61st, Casas of the 107th, Dollar of the 45th, Douglas of the 78th, Dukes of the 154th, Floyd of the 99th, Geisinger of the 48th, Harbin of the 122nd, Hitchens of the 161st, Jackson of the 128th, Lumsden of the 12th, Mayo of the 84th, Mosby of the 83rd, and Taylor of the 79th.
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They wished to be recorded as present.
Prayer was offered by Reverend Jeff W. Crook, Pastor, Blackshear Place Baptist Church, Flowery Branch, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 218. By Representatives Teasley of the 37th, Ramsey of the 72nd, Fleming of the 121st, Welch of the 110th, Williamson of the 115th and others:
A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the preservation of religious freedom; to provide for the granting of relief; to provide for definitions; to provide for a short title; to provide for findings; to provide for an effective date; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Judiciary.
HB 219. By Representatives Jones of the 167th, Atwood of the 179th and Werkheiser of the 157th:
A BILL to be entitled an Act to amend Chapter 45 of Title 31 of the Official Code of Georgia Annotated, relating to health and public swimming pools, so as to exempt certain privately owned swimming pools from inspection and licensing requirements; to authorize inspection requests to board of health by residents or owners; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 220. By Representatives Harbin of the 122nd, Parsons of the 44th, Rogers of the 29th, Abrams of the 89th and Kaiser of the 59th:
A BILL to be entitled an Act to amend Code Section 48-7-40.16 of the Official Code of Georgia Annotated, relating to income tax credits of lowemission vehicles, so as to provide for definitions; to provide for tax credits for plug-in electric vehicles; to repeal provisions regarding low-speed vehicles; to provide for certain limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 221. By Representatives Powell of the 171st, Knight of the 130th, Harbin of the 122nd, Harrell of the 106th and Stephens of the 164th:
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 222. By Representatives Powell of the 171st, Knight of the 130th, Harbin of the 122nd, Harrell of the 106th and Stephens of the 164th:
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.
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Referred to the Committee on Ways & Means.
HB 223. By Representatives Powell of the 171st, Knight of the 130th, Harbin of the 122nd, Harrell of the 106th, Stephens of the 164th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to 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 224. By Representatives Powell of the 32nd, Dunahoo of the 30th, Carson of the 46th, Rutledge of the 109th, Hitchens of the 161st and others:
A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the O.C.G.A., relating to general provisions regarding provisions applicable to counties and municipal corporations, so as to preserve existing certificates of public necessity and convenience and medallion systems for taxicabs and to restrict the future use thereof; to amend Title 40 of the O.C.G.A., relating to motor vehicles, so as to provide for the comprehensive regulation of transportation referral services, transportation referral service providers, ride share network services, and ride share drivers; to amend Code Section 48-8-3 of the O.C.G.A., relating to exemptions from sales and use taxes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 225. By Representatives Powell of the 32nd, Dunahoo of the 30th, Carson of the 46th, Rutledge of the 109th, Hitchens of the 161st and others:
A BILL to be entitled an Act to amend Titles 36 and 40 of the Official Code of Georgia Annotated, relating to local government and motor vehicles and traffic, respectively, so as to provide for definitions; to require all for-hire drivers to obtain a for-hire license endorsement before driving for hire; to require that all for-hire drivers have certain insurance; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 226. By Representatives Powell of the 32nd, Dunahoo of the 30th, Carson of the 46th, Rutledge of the 109th, Hitchens of the 161st and others:
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A BILL to be entitled an Act to amend Titles 36 and 40 of the Official Code of Georgia Annotated, relating to local government and motor vehicles and traffic, respectively, so as to change certain terminology regarding chauffeur license endorsements; to provide that drivers must have an endorsement in order to carry passengers for hire; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 227. By Representatives Duncan of the 26th, Martin of the 49th, Rutledge of the 109th, Pak of the 108th, Kelley of the 16th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use taxation, so as to remove programmable thermostats from the definition of Energy Star Qualified Product for purposes of the state sales tax holiday; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 228. By Representatives Jones of the 167th, Atwood of the 179th, Werkheiser of the 157th, Allison of the 8th, Kelley of the 16th and others:
A BILL to be entitled an Act to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for sheriff's services, so as to provide for the sheriff to collect and deposit certain fees; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 229. By Representatives Strickland of the 111th, Welch of the 110th, Meadows of the 5th, Fleming of the 121st, Hightower of the 68th and others:
A BILL to be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to expand grandparent rights to visitation and intervention to great-grandparents and siblings of parents; to conform cross-references relating to adoption; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
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HB 230. By Representatives Hugley of the 136th, Abrams of the 89th, Allison of the 8th, Harbin of the 122nd, Mayo of the 84th and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 28 and Code Section 35-3-37 of the O.C.G.A., relating to the Claims Advisory Board and review of individual's criminal history record information, definitions, privacy considerations, and inspections, respectively, so as to provide for compensation of persons wrongfully convicted and imprisoned; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 231. By Representatives Kelley of the 16th, Powell of the 171st and Duncan of the 26th:
A BILL to be entitled an Act to amend Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, so as to authorize the state revenue commissioner to deduct certain funds from deposits to the state treasury; to authorize the state revenue commissioner to publish notices of unclaimed property electronically; 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 Carter of the 175th, Maxwell of the 17th, Shaw of the 176th and Corbett of the 174th:
A BILL to be entitled an Act to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, relating to hearing aid dealers and dispensers, so as to change certain provisions relative to the creation of the State Board of Hearing Aid Dealers and Dispensers, composition, qualifications of members, terms of office, vacancies, and selection of officers; to change certain provisions relating to the issuance of licenses and fees; to change the number of hours of continuing education required for the renewal of a hearing aid specialist license; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 233. By Representatives Atwood of the 179th, Dudgeon of the 25th, Geisinger of the 48th, Dunahoo of the 30th and Jasperse of the 11th:
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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; to amend Titles 3, 5, 7, 10, 12, 15, 17, 27, 36, 38, 40, 45, 46, 48, 49, and 52 of the O.C.G.A., relating to alcoholic beverages, appeal and error, banking and finance, commerce and trade, conservation and natural resources, courts, criminal procedure, game and fish, local government, military, emergency management, veterans affairs, motor vehicles and traffic, public officers and employees, public utilities and public transportation, revenue and taxation, social services, waters of the state, ports, and watercraft; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 234. By Representatives Rutledge of the 109th, Powell of the 171st, Duncan of the 26th, Pak of the 108th, Strickland of the 111th and others:
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 administration and enforcement of tax collection, so as to include days on which the Federal Reserve Bank is closed in the list of days that excuse late filing or payment; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 235. By Representatives Deffenbaugh of the 1st, Tarvin of the 2nd, Lumsden of the 12th and Kelley of the 16th:
A BILL to be entitled an Act to amend Chapter 11 of Title 40 of the O.C.G.A., relating to abandoned motor vehicles, so as to repeal Article 1, relating to general provisions relating to abandoned motor vehicles, and to enact a new Article 1; to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized by law enforcement, so as to correct a cross-reference; 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 Motor Vehicles.
HB 236. By Representatives Atwood of the 179th, Fleming of the 121st, Abrams of the 89th and Willard of the 51st:
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A BILL to be entitled an Act to amend Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to attorneys, so as to authorize grants to attorneys for rural areas in this state that are underserved by attorneys; to provide for a short title; to provide for legislative intent and purpose; to provide for a definition; to provide for administration; to provide for rules and regulations; to provide for grant requirements; to provide for conditions of grants; to provide for contracts; to provide for penalties; to provide for cancellation of contracts; to provide for funding; to provide for reporting; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 237. By Representatives Williamson of the 115th, Dudgeon of the 25th, Hamilton of the 24th, Martin of the 49th, Ramsey of the 72nd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of and exemptions from state income tax, so as to extend the angel investor tax credit; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 238. By Representatives Harbin of the 122nd, Wilkinson of the 52nd, Geisinger of the 48th, Sims of the 123rd, Parrish of the 158th 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 state sales and use tax exemptions, so as to provide a sales tax exemption for tangible personal property used for or in the renovation or expansion of an aquarium owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 239. By Representatives Quick of the 117th, McCall of the 33rd, Willard of the 51st, England of the 116th, Rutledge of the 109th and others:
A BILL to be entitled an Act to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for liability protection for certain activities related to livestock; to provide for limitations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Judiciary.
HB 240. By Representatives Brockway of the 102nd, Buckner of the 137th, Trammell of the 132nd, Casas of the 107th, Smith of the 70th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, so as to provide that at least two members of the board shall also be members of the state health benefit plan; to provide that two members shall be members of certain retirement systems; to provide for duties of the Board of Community Health; to create the State Health Benefit Plan Customer Advisory Council; to provide for membership; to provide for duties of the commissioner of community health; to provide for duties of the council; to provide for an effective date; 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 Efstration of the 104th, Hightower of the 68th, Clark of the 98th, Martin of the 49th, Dudgeon of the 25th and others:
A BILL to be entitled an Act to amend Code Section 46-4-164 of the Official Code of Georgia Annotated, relating to construction of article, electric membership corporations and EMC gas affiliates, and liquified petroleum gas, so as to provide that municipal owned gas distribution companies which provide services outside the municipal corporate limits shall be subject to the "Natural Gas Competition and Deregulation Act"; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 242. By Representatives Gravley of the 67th, Hitchens of the 161st, Powell of the 32nd, Atwood of the 179th, Tanner of the 9th 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 and distinctive motor vehicle license plate for public safety first responders who have received a major injury in the line of duty; to provide for standards for the issuance of such license plates; to provide for applicable fees; to provide for authority to establish rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Motor Vehicles.
HB 243. By Representatives Hamilton of the 24th, Dudgeon of the 25th, Powell of the 171st, Glanton of the 75th, Setzler of the 35th 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 an education savings account program; to provide for a short title; to provide for definitions; to provide for qualifications and requirements; to provide for management of accounts; to provide for participating schools; to provide for responsibilities of parents; to provide for duties of the Office of Student Achievement in administering the program; 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 244. By Representatives Efstration of the 104th, Welch of the 110th, Brockway of the 102nd, Oliver of the 82nd, Cooper of the 43rd and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 9, Chapter 21 of Title 15, Chapter 6 of Title 16, Code Section 42-1-12, and Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to limitations of actions, payment and disposition of fines and forfeitures, sexual offenses, the State Sexual Offender Registry, and children and youth services; to provide for a short title; to provide for legislative findings and a purpose statement; to provide for related matters; to provide for an effective date and contingent effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HR 4.
By Representatives Taylor of the 79th, Dudgeon of the 25th, Jacobs of the 80th, Wilkinson of the 52nd, Brockway of the 102nd and others:
A RESOLUTION proposing an amendment to the Constitution so as to authorize any municipality in the State of Georgia to establish by local law an independent school system; to provide definitions; 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.
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HR 215. By Representative Ralston of the 7th:
A RESOLUTION honoring the life and memory of the Honorable Ronald Lee Newton and dedicating a road in his honor; and for other purposes.
Referred to the Committee on Transportation.
HR 223. By Representatives Efstration of the 104th, Welch of the 110th, Taylor of the 173rd, Oliver of the 82nd, Brockway of the 102nd and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly by general law may impose additional penalties or fees for the offenses of keeping a place of prostitution, pimping, pandering, pandering by compulsion, solicitation of sodomy, masturbation for hire, trafficking of persons for sexual servitude, or sexual exploitation of children; may impose assessments on adult entertainment establishments; 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 Non-Civil.
By unanimous consent, the following Bills of the House and Senate were read the second time:
HB 12 HB 200 HB 202 HB 204 HB 206 HB 208 HB 210 HB 212 HB 214 HB 216 SB 2
HB 199 HB 201 HB 203 HB 205 HB 207 HB 209 HB 211 HB 213 HB 215 HB 217
Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
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Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 62 HB 65 HB 91
Do Pass Do Pass Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 97th
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 117 Do Pass
Respectfully submitted, /s/ Hamilton of the 24th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR MONDAY, FEBRUARY 9, 2015
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 12th Legislative Day as enumerated below:
DEBATE CALENDAR
Structured Rule
HB 57
Electricity; financing of solar technology by retail customers for generation of electric energy to be used on and by property owned or occupied by such
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customers or to be fed back to the electric service provider; provide (EU&T-Dudgeon-25th)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Jones of the 167th, Mabra of the 63rd, Dempsey of the 13th et al., Jones of the 62nd, Taylor of the 173rd, Stovall of the 74th, Dawkins-Haigler of the 91st et al., Cheokas of the 138th, and Holmes of the 129th et al.
Pursuant to HR 219, the House commended the Calhoun High School competition cheerleading team for winning the 2014 AAA State Championship Title and invited them to be recognized by the House of Representatives.
Pursuant to HR 220, the House commended the Calhoun High School football team for winning the 2014 AAA State Championship and invited them to be recognized by the House of Representatives.
Pursuant to HR 218, the House congratulated the Calhoun High School Lady Jackets softball team on winning the 2014 GHSA Class AAA State Championship, commended Coach Diane Smith on her continued reputation of excellence, 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 Bill of the House was taken up for consideration and read the third time:
HB 57. By Representatives Dudgeon of the 25th, Drenner of the 85th, Brockway of the 102nd, Geisinger of the 48th, Setzler of the 35th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 46 of the O.C.G.A., relating to the generation and distribution of electricity generally, so as to provide for financing of solar technology by retail electric customers for the generation of electric energy to be used on and by property owned or occupied by such customers or to be fed back to the electric service provider; to provide for related matters; to repeal conflicting laws; and for other purposes.
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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin E Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell E Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett
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 Ealum Y Efstration E Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo E McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick E Rakestraw Y Ramsey Y Randall Y Reeves Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims 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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
Vacant, 120th Vacant, 50th Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 227. By Representatives Hugley of the 136th, Abrams of the 89th, Williams of the 168th and Dickerson of the 113th:
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A RESOLUTION commending Robert Styles and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 228. By Representatives Rogers of the 29th, Ralston of the 7th, Hawkins of the 27th, Barr of the 103rd and Dunahoo of the 30th:
A RESOLUTION commending Theodore N. "Ted" Oglesby and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 229. By Representatives Stovall of the 74th, Pak of the 108th, Glanton of the 75th, Waites of the 60th, Marin of the 96th and others:
A RESOLUTION recognizing and honoring February 12, 2015, as Cambodian-American Heritage Day at the state capitol and inviting Venerable Son Sen, Venerable Saran Brach, Chhoeung Nem, Randy Muth, and Soeurn Chap to be recognized by the House of Representatives; and for other purposes.
HR 230. By Representatives Stovall of the 74th, Waites of the 60th, Jones of the 62nd, Glanton of the 75th, Scott of the 76th and others:
A RESOLUTION commending Hartsfield-Jackson Atlanta International Airport for its beneficial impact to the people and economy of the State of Georgia, recognizing February 12, 2015, as Aviation Day at the capitol, and inviting Miguel Southwell, Aviation General Manager, to be recognized by the House of Representatives; and for other purposes.
HR 231. By Representatives Douglas of the 78th, Ramsey of the 72nd, Scott of the 76th, Rutledge of the 109th, Strickland of the 111th and others:
A RESOLUTION commending Clayton State University; recognizing February 18, 2015, as Clayton State University Day at the state capitol; and inviting Dr. Thomas J. Hynes, President, Dr. Lila F. Roberts, Dean of the College of Information and Mathematical Sciences, Mrs. Camille Murner, Principal of Rex Mill Middle School, Larry Odum, student of Rex Mill Middle School, and Jonathan Conner, President of the Student Government Association, to be recognized by the House of Representatives; and for other purposes.
HR 232. By Representative Harden of the 148th:
A RESOLUTION commending the Hawkinsville High School Red Devils football team for winning the 2014 Class A State Championship and inviting
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them to be recognized by the House of Representatives; and for other purposes.
HR 233. By Representatives Bentley of the 139th, Smyre of the 135th and Prince of the 127th:
A RESOLUTION commending Fort Valley State University, recognizing February 11, 2015, as Fort Valley State University Day at the state capitol, and inviting representatives from Fort Valley State University's College of Agriculture 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 216 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 216. By Representatives Ramsey of the 72nd, O`Neal of the 146th, Abrams of the 89th, Jones of the 47th, Hatchett of the 150th and others:
A RESOLUTION commending Will Crain, Michael Crofton, Julie Doss, Brooke Hasfjord, John Kirkland, Shannon Laffey, and Jennifer Maddox for being chosen to participate in the 2015 Special Olympics World Summer Games 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 234. By Representative Alexander of the 66th:
A RESOLUTION honoring the life and memory of Mrs. Salina P. Alexander; and for other purposes.
HR 235.
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 Judge Nancy N. Bills; and for other purposes.
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HR 236. By Representatives Strickland of the 111th, Rutledge of the 109th, LaRiccia of the 169th, Watson of the 172nd, Welch of the 110th and others:
A RESOLUTION recognizing February 18, 2015, as Family and Consumer Sciences Day in Georgia; and for other purposes.
HR 237. By Representative Bentley of the 139th:
A RESOLUTION commending the inaugural communities of the Georgia PlanFirst program and celebrating the 25th anniversary of the implementation of the Georgia Planning Act; and for other purposes.
HR 238. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Alexandra Wolff upon being honored with the Girl Scout Gold Award; and for other purposes.
HR 239. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Kendall Lake upon being honored with the Girl Scout Gold Award; and for other purposes.
HR 240. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Christina Voss upon being honored with the Girl Scout Gold Award; and for other purposes.
HR 241. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Amy Margolin upon being honored with the Girl Scout Gold Award; and for other purposes.
HR 242. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Maddie Quirk upon being honored with the Girl Scout Gold Award; and for other purposes.
HR 243. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Rachael Peacock upon being honored with the Girl Scout Gold Award; and for other purposes.
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HR 244. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Charnelle Hutson upon being honored with the Girl Scout Gold Award; and for other purposes.
HR 245. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Jackie Gardner upon being honored with the Girl Scout Gold Award; and for other purposes.
HR 246. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Elise Barnes upon being honored with the Girl Scout Gold Award; and for other purposes.
HR 247. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Caroline Bergwall upon being honored with the Girl Scout Gold Award; and for other purposes.
HR 248. By Representative Efstration of the 104th:
A RESOLUTION commending Clint Hinton as the 2014 National Sporting Clays Association Junior National Champion; and for other purposes.
HR 249. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Jessica Liebich upon being honored with the Girl Scout Gold Award; and for other purposes.
HR 250. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Maria Granros upon being honored with the Girl Scout Gold Award; and for other purposes.
HR 251. By Representatives Buckner of the 137th, Taylor of the 173rd, Dickerson of the 113th, Jones of the 62nd, Quick of the 117th and others:
A RESOLUTION recognizing February 10, 2015, as Girl Scouts Day at the capitol; and for other purposes
HR 252. By Representatives Stovall of the 74th, Glanton of the 75th, Waites of the 60th, Scott of the 76th, Jordan of the 77th and others:
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A RESOLUTION commending the outstanding students of Babb Middle School in Clayton County, Georgia, for their achievements at the Family, Career, and Community Leaders of America competitions and recognizing the hard work and dedication of their teacher, Lillian Mitchell; and for other purposes.
HR 253. By Representatives Stovall of the 74th, Glanton of the 75th, Waites of the 60th, Scott of the 76th, Jordan of the 77th and others:
A RESOLUTION recognizing and commending Lillian Mitchell for her dedication to excellence and her contributions to the education of Georgia's students; and for other purposes.
HR 254. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Margo Shemaria upon being honored with the Girl Scout Gold Award; and for other purposes.
HR 255. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Madeleine Kloess upon being honored with the Girl Scout Gold Award; and for other purposes.
HR 256. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Mallika Balakrishnan upon being honored with the Girl Scout Gold Award; and for other purposes.
HR 257. By Representative Ralston of the 7th:
A RESOLUTION honoring the life and memory of Emmett Marshall "Dusty" Jordan; and for other purposes.
HR 258. By Representative Ralston of the 7th:
A RESOLUTION commending Gini Bramlett upon being named Teacher of the Year; and for other purposes.
HR 259. By Representative Harden of the 148th:
A RESOLUTION recognizing the annual Cordele-Crisp County Fish Fry and commending Mr. Clark Henderson, Mr. Bub Denham, Mr. Briley Edwards,
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Mrs. Kimberly Reid, Mr. Zack Wade, and the Cordele-Crisp County Fish Fry cooking team; and for other purposes.
HR 260. By Representatives Stovall of the 74th and Waites of the 60th:
A RESOLUTION recognizing and commending Willie David and Annie Bell Finch on the occasion of their 60th wedding anniversary; and for other purposes.
HR 261. By Representatives Waites of the 60th, Brooks of the 55th, Dawkins-Haigler of the 91st, Anderson of the 92nd and Thomas of the 56th:
A RESOLUTION commending the Concerned Black Clergy and congratulating the organization upon being honored with the Ada Lee and Pete Correll Healthcare Legacy Award; and for other purposes.
HR 262. By Representatives Allison of the 8th, Rogers of the 10th and Gasaway of the 28th:
A RESOLUTION honoring the life and memory of Gary Chadwick Durrence; and for other purposes.
HR 263. By Representative Waites of the 60th:
A RESOLUTION commending Dr. Guillermo Umpierrez and congratulating him upon being honored with the Inspiring Mentor Award; and for other purposes.
HR 264. By Representative Efstration of the 104th:
A RESOLUTION commending Joe Ford for the contributions he has made to his community and Dacula High School football; and for other purposes.
HR 265. By Representative Sims of the 123rd:
A RESOLUTION honoring and celebrating the 60th birthday of Mr. Robert Owen May; and for other purposes.
HR 266. By Representatives Bennett of the 94th, Hugley of the 136th, Randall of the 142nd, Bentley of the 139th and Dawkins-Haigler of the 91st:
A RESOLUTION recognizing February 16, 2015, as the Alpha Kappa Alpha, Inc., Day at the capitol; and for other purposes.
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HR 267. By Representatives McCall of the 33rd, Burns of the 159th, England of the 116th, Taylor of the 173rd, Roberts of the 155th and others:
A RESOLUTION recognizing and commending the Georgia Green Industry Association; and for other purposes.
HR 268. By Representative Belton of the 112th:
A RESOLUTION honoring the life and memory of Dr. William L. Dobbs; and for other purposes
HR 269. By Representative Waites of the 60th:
A RESOLUTION commending Dr. James Reed and congratulating him upon being honored with the Senior Sage Award; and for other purposes.
HR 270. By Representatives Waites of the 60th, Mabra of the 63rd, Jones of the 62nd and Douglas of the 78th:
A RESOLUTION honoring the life and memory of Charles E. Phillips, Sr.; and for other purposes.
HR 271. By Representatives Taylor of the 79th, Wilkinson of the 52nd, Efstration of the 104th, Turner of the 21st, Hitchens of the 161st and others:
A RESOLUTION recognizing and commending Ukrainian delegates for seeking to strengthen the government of Ukraine; and for other purposes.
HR 272. By Representatives Rogers of the 29th, Kelley of the 16th, Smyre of the 135th, Hugley of the 136th, Parrish of the 158th and others:
A RESOLUTION honoring the life and memory of William F. (Bill) Cummings; and for other purposes.
HR 273. By Representative Efstration of the 104th:
A RESOLUTION commending Melinda Browder and the Dacula community for organizing care packages for the last Marine combat unit in Afghanistan; and for other purposes.
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467
HR 274. By Representatives Greene of the 151st and Waites of the 60th:
A RESOLUTION congratulating and recognizing the City of Lumpkin Chamber of Commerce as the first Chamber of Commerce of Stewart County; and for other purposes.
HR 275. By Representative Cheokas of the 138th:
A RESOLUTION recognizing and commending Pastor Jerry Akin for his spiritual leadership and musical talent; and for other purposes.
HR 276. By Representatives Douglas of the 78th, Ramsey of the 72nd, Scott of the 76th, Rutledge of the 109th, Strickland of the 111th and others:
A RESOLUTION commending Jennifer Maddox for being chosen as part of Team USA to compete in the 2015 Special Olympics World Summer Games; and for other purposes.
HR 277. By Representative Waites of the 60th:
A RESOLUTION commending Dr. Raul Nogueira and congratulating him upon being honored with the Next Generation Healer Award; and for other purposes.
HR 278. By Representatives Efstration of the 104th and Clark of the 101st:
A RESOLUTION commending Special Kneads and Treats, Inc., a nonprofit specialty goods company; and for other purposes.
Representative Turner of the 21st asked unanimous consent that the following Bill of the House be withdrawn:
HB 97. By Representatives Turner of the 21st, Caldwell of the 20th and Cantrell of the 22nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that all public bodies shall disclose certain communications, terms and conditions of agreements, and incentives and offers made regarding certain matters; to provide for definitions; to provide a short title; to provide for legislative findings; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
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It was so ordered.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 167. By Senators Cowsert of the 46th, Shafer of the 48th, Henson of the 41st and Gooch of the 51st:
A RESOLUTION relative to adjournment; and for other purposes.
The following Resolution of the Senate was read:
SR 167. By Senators Cowsert of the 46th, Shafer of the 48th, Henson of the 41st and Gooch of the 51st
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, except as otherwise provided by this resolution or by subsequent resolution of the General Assembly, the dates for convening and dates of adjournment of the 2015 regular session of the General Assembly for the period of Thursday, February 12, 2015, through Thursday, April 2, 2015, shall be as follows:
Thursday, February 12 .................................................................... legislative day 15 convenes Friday, February 13 through Monday, February 16 ............................................ in adjournment Tuesday, February 17 ...................................................................... legislative day 16 convenes Wednesday, February 18 ................................................................. legislative day 17 convenes Thursday, February 19 .................................................................... legislative day 18 convenes Friday, February 20 ......................................................................... legislative day 19 convenes Saturday, February 21 through Sunday, February 22..........................................in adjournment Monday, February 23 ...................................................................... legislative day 20 convenes Tuesday, February 24 ...................................................................... legislative day 21 convenes Wednesday, February 25 ................................................................. legislative day 22 convenes Thursday, February 26 .................................................................... legislative day 23 convenes Friday, February 27 through Sunday, March 1 ................................................... in adjournment Monday, March 2 ............................................................................ legislative day 24 convenes Tuesday, March 3 ............................................................................ legislative day 25 convenes Wednesday, March 4 ....................................................................... legislative day 26 convenes
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Thursday, March 5 .......................................................................... legislative day 27 convenes Friday, March 6 through Sunday, March 8 ......................................................... in adjournment Monday, March 9 ............................................................................ legislative day 28 convenes Tuesday, March 10 .............................................................................................. in adjournment Wednesday, March 11 ..................................................................... legislative day 29 convenes Thursday, March 12 ............................................................................................ in adjournment Friday, March 13 ............................................................................. legislative day 30 convenes Saturday, March 14 through Tuesday, March 17 ................................................ in adjournment Wednesday, March 18 ..................................................................... legislative day 31 convenes Thursday, March 19 ........................................................................ legislative day 32 convenes Friday, March 20 ............................................................................. legislative day 33 convenes Saturday, March 21 through Sunday, March 22..................................................in adjournment Monday, March 23 .......................................................................... legislative day 34 convenes Tuesday, March 24 .......................................................................... legislative day 35 convenes Wednesday, March 25 ..................................................................... legislative day 36 convenes Thursday, March 26 ........................................................................ legislative day 37 convenes Friday, March 27 ............................................................................. legislative day 38 convenes Saturday, March 28 through Monday, March 30 ................................................ in adjournment Tuesday, March 31 .......................................................................... legislative day 39 convenes Wednesday, April 1 ............................................................................................. in adjournment Thursday, April 2 ............................................................................ legislative day 40 convenes
BE IT FURTHER RESOLVED that the meetings of the General Assembly shall be held as prescribed in Code Section 28-1-2 of the Official Code of Georgia Annotated, except as otherwise provided by this resolution; and, as authorized by said Code section, the hours for convening and closing the Senate for each legislative day may be as ordered by the Senate; and the hours for convening and closing the House for each legislative day may be as ordered by the House.
BE IT FURTHER RESOLVED that whenever, due to an emergency or disaster, resulting from manmade or natural causes or enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of the General Assembly at the State Capitol in Atlanta, Fulton County, and the Governor has by proclamation declared an emergency temporary location or locations for the seat of government in accordance with Code Section 38-352, the Speaker of the House of Representatives and the President of the Senate may, by joint agreement, order the suspension of the schedule of legislative days provided by this resolution and provide for reconvening the General Assembly at such temporary location or locations in accordance with Code Sections 38-3-52 and 38-3-53 on such date and at such time as they deem practical.
BE IT FURTHER RESOLVED that whenever, due to an emergency or disaster, resulting from manmade or natural causes or enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of the General Assembly at the State Capitol in Atlanta, Fulton County, but the Governor has not by proclamation declared an emergency temporary location or locations for the seat of government in accordance with the above, the Speaker of the House of Representatives and the President of the Senate may, by joint
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agreement, order the suspension of the schedule of legislative days provided by this resolution and provide for reconvening the General Assembly at the State Capitol in Atlanta, Fulton County, on such date and at such time as they deem practical.
BE IT FURTHER RESOLVED that, in any case of suspension of the schedule of legislative days as authorized by this resolution, the Speaker of the House of Representatives and the President of the Senate shall provide for prompt notice of the same to all members of the House of Representatives and all members of the Senate, respectively, by such means as such officers deem practical and efficient. During any such period of suspension, the remainder of the schedule of legislative days provided by this resolution shall not apply, the General Assembly shall be in adjournment, and the General Assembly's next legislative day shall begin at the date and time jointly specified by such officers for reconvening the General Assembly. Following such reconvening, the General Assembly may adopt another joint resolution providing for a new schedule of legislative days and periods of adjournment.
On the adoption of the Resolution, 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 Belton Y Bennett
Bentley Y Benton Y Beskin E Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell E Carson Y Carter E Casas Y Chandler Y Cheokas
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration E Ehrhart
England Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Glanton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin
Y Meadows Mitchell Morris Mosby
Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick E Rakestraw Y Ramsey
Randall Y Reeves Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler
Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M
Stephens, R Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Thomas, E Y Trammell Y Turner Vacant, 120th Vacant, 50th Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A
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Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Martin Y Maxwell Y Mayo E McCall Y McClain
Y Sharper Y Shaw Y Sims Y Smith, E Y Smith, L
Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
On the adoption of the Resolution, the ayes were 156, nays 0.
The Resolution was adopted.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
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Representative Hall, Atlanta, Georgia
Tuesday, February 10, 2015
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 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 two page lists the results as shown on the consolidated returns on file in this office for the Special Election Runoff held on the 3rd day of February, 2015, in District 50 State Representative in Fulton County and District 120 State Representative in Greene, Oglethorpe, Putnam, Taliaferro and Wilkes Counties to fill the vacancy. Having received the majority of the votes cast, Bradford Jay Raffensperger was duly elected to House District 50 and Trey Rhodes was duly elected to House District 120.
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 6th day of February, in the year of our Lord Two Thousand and Fifteen and of the Independence of the United States of America the Two Hundred and Thirty-Ninth.
(SEAL)
/s/ Brian P. Kemp Secretary of State
Georgia Secretary of State Election Report
Special Election Runoff Official Results
February 3, 2015 Special Election Runoff
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473
State Contest State Representative, District 50
County FULTON
Total:
Choice BRADFORD JAY RAFFENSPERGER (R) KELLY LEIGH STEWART (R) Votes For Seat In County:
BRADFORD JAY RAFFENSPERGER (R) KELLY LEIGH STEWART (R) Total Votes For Seat:
Votes 1,510
1,351
2,861 1,510
1,351
2,861
Votes % 52.78% 47.22%
52.78% 47.22%
Georgia Secretary of State Election Report
Special Election Runoff Official Results
February 3, 2015 Special Election Runoff
State Contest
County
Choice
Votes
State Representative, District GREENE
JESSE COPELAN (R)
698
120
TREY RHODES (R)
1,789
Votes For Seat In County: 2,487
OGLETHORPE JESSE COPELAN (R)
424
TREY RHODES (R)
241
Votes For Seat In County:
665
PUTNAM
JESSE COPELAN (R)
1,050
TREY RHODES (R)
335
Votes For Seat In County: 1,385
TALIAFERRO JESSE COPELAN (R)
38
TREY RHODES (R)
87
Votes For Seat In County:
125
WILKES
JESSE COPELAN (R)
156
TREY RHODES (R)
261
Votes For Seat In County:
417
Total:
JESSE COPELAN (R)
2,366
TREY RHODES (R)
2,713
Total Votes For Seat:
5,079
`
OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE
Votes % 28.07%
71.93%
63.76% 36.24%
75.81% 24.19%
30.40% 69.60%
37.41% 62.59%
46.58% 53.42%
HOUSE DISTRICT 50 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
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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/ Bradford J. Raffensperger STATE REPRESENTATIVE
Sworn to and subscribed before me,
This 10th day of February, 2015.
/s/ Trenton Brown, III Judge, Superior Court Ocmulgee Circuit
OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE
HOUSE DISTRICT 120 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.
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475
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/ Trey Rhodes STATE REPRESENTATIVE
Sworn to and subscribed before me,
This 10th day of February, 2015.
/s/ Trenton Brown, III Judge, Superior Court Ocmulgee Circuit
The roll was called and the following Representatives answered to their names:
Abrams Alexander Allison Anderson Atwood Ballinger Barr Battles Beasley-Teague Bell Belton Bennett Bentley Benton Beskin E Beverly
Cooke Coomer Cooper Corbett E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon E Dukes Dunahoo
Greene Hamilton Harbin Harden Harrell Hatchett Hawkins Henson Hightower Hitchens Holcomb E Holmes Houston Hugley Jackson Jasperse
Meadows Mitchell Morris Mosby Nimmer Nix O'Neal Pak Parrish Parsons Peake Petrea Pezold Powell, A Powell, J Prince
Sims Smith, E Smith, L Smith, R Smyre Spencer Stephens, M Stephens, R E Stephenson Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D
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Broadrick E Brockway
Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter E Casas Chandler Cheokas Clark, D Clark, H Clark, V Coleman
Duncan Ealum Efstration E Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway Geisinger E Glanton E Golick Gordon Gravley
Jones, J Jones, J.B. Jones, L Jones, S E Jordan Kelley Kendrick Kidd Kirby Knight LaRiccia Lumsden Mabra Marin Martin Maxwell E McCall McClain
Pruett Quick Raffensperger E Rakestraw Ramsey Randall Reeves Rhodes Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw
Taylor, T Teasley Thomas, E Trammell Turner Waites Watson Welch Weldon Werkheiser Wilkerson Wilkinson Willard Williams, C Williams, E Williamson Yates Ralston, Speaker
Due to a mechanical malfunction, Representative Williams of the 168th was not recorded on the attendance roll call. He wished to be recorded as present.
The following members were off the floor of the House when the roll was called:
Representatives Floyd of the 99th, Howard of the 124th, Kaiser of the 59th, Mayo of the 84th, Oliver of the 82nd, and Thomas of the 56th.
They wished to be recorded as present.
Prayer was offered by Dr. Michael Baker, Administrative Bishop, North Georgia Church of God, Lawrenceville, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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:
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477
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, McCall of the 33rd, Powell of the 32nd, Dudgeon of the 25th, Tarvin of the 2nd and others:
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 38. By Representative Taylor of the 173rd:
A BILL to authorize the Magistrate Court of Grady County to impose and collect county law library fees as part of the court costs in the magistrate court; to provide for practices and procedures connected therewith; 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 245. By Representatives Dollar of the 45th, Kelley of the 16th, Powell of the 171st, Atwood of the 179th and Evans of the 42nd:
A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, so as to
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change the amount permissible as a special assessment fee; 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 246. By Representatives Knight of the 130th, Carson of the 46th, Mosby of the 83rd and Wilkerson of the 38th:
A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to provide for powers and actions granted to other licensing boards; to revise and add definitions; to provide that the State Board of Accountancy is administratively attached to the State Accounting Office; to change provisions relating to foreign registered accountants; to change the standard of proof; to provide for confidentiality of certain information; to amend Chapter 5B of Title 50 of the Official Code of Georgia Annotated, relating to the State Accounting Office, so as to remove the State Board of Accountancy as a division of the State Accounting office; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Small Business Development.
HB 247. By Representatives Stover of the 71st, Spencer of the 180th, Turner of the 21st, Kirby of the 114th and Taylor of the 173rd:
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 revise an exemption relating to mental health facilities; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 248. By Representatives Stover of the 71st, Smith of the 70th and Spencer of the 180th:
A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Behavioral Health and Developmental Disabilities regarding the regulation of mental health, so as to provide for the regulation and licensure of short-term mental health facilities by the Department of Behavioral Health and Developmental Disabilities; to provide for a transfer
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of duties and obligations from the Department of Community Health; to provide for rules and regulations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 249. By Representatives Stover of the 71st, Spencer of the 180th, Kirby of the 114th and Willard of the 51st:
A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal the certificate of need program; to amend other provisions in various titles of the Official Code of Georgia Annotated for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 250. By Representative Dickson of the 6th:
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 for the assignment of payments to a beneficiary to a self-settled, supplemental needs trust for that beneficiary; to provide for the assignment of certain member benefits to a member's spouse by court order; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 251. By Representative Cheokas of the 138th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Americus, approved April 13, 1992 (Ga. L. 1992, p. 5985), as amended, so as to provide for a city manager; to provide for appointment, qualifications, terms, removal, and vacancies; to provide for duties, powers, and responsibilities; to provide for appointment of a city clerk and finance director; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 252. By Representatives Caldwell of the 20th, Welch of the 110th, Pak of the 108th, Ramsey of the 72nd, Hatchett of the 150th and others:
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A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated so as to enact the "J. Calvin Hill, Jr., Act"; to repeal obsolete and outdated provisions; to repeal provisions which have been deemed unconstitutional; to update obsolete and outdated terminology; to repeal certain provisions relating to preclearance requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Code Revision.
HB 253. By Representatives Ballinger of the 23rd, Benton of the 31st, Harrell of the 106th, Teasley of the 37th, Maxwell of the 17th and others:
A BILL to be entitled an Act to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to change certain provisions relating to requirements for the establishment and maintenance of a real estate appraisal management company; 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 254. By Representatives Corbett of the 174th, Spencer of the 180th and Shaw of the 176th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved April 13, 1989 (Ga. L. 1989, p. 4916), an Act approved April 13, 1992 (Ga. L. 1992, p. 6055), and an Act approved April 4, 1997 (Ga. L. 1997, p. 3814), so as to rename the police court as the municipal court and provide new provisions for the operation of that court; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 255. By Representatives Cheokas of the 138th, Sims of the 123rd, Williams of the 119th, Greene of the 151st, Nimmer of the 178th and others:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to state purchasing, so as to require equal credits be given to certain forestry certification systems when using green building standards in state construction, operation, repair, and
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renovation projects; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Properties.
HB 256. By Representatives Maxwell of the 17th, Greene of the 151st, Coleman of the 97th, Brooks of the 55th and Buckner of the 137th:
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 new definitions; to change a term for membership of the board; to provide for a break in employment for certain members; to clarify provisions related to leaves of absence, withdrawal of dues, and application for reinstatement as an active member; to clarify provisions for failure to pay dues and the reinstatement process; to permit selection of up to five beneficiaries to receive equal portions of certain benefits upon the death of certain members; to provide for certain penalties for false statements or falsified records; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 257. By Representatives Taylor of the 173rd and Powell of the 171st:
A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, so as to restate the provisions of said Act; to provide for the election of a chairperson and vice-chairperson of the board by its members; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 258. By Representatives Taylor of the 173rd and Powell of the 171st:
A BILL to be entitled an Act to abolish the office of treasurer of Decatur County; to provide for the transfer of duties; to repeal an Act to provide compensation for the treasurer of Decatur County, approved August 16, 1915 (Ga. L. 1915, p. 209), as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
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HB 259. By Representatives Rogers of the 10th, Dickey of the 140th, Coomer of the 14th, Nimmer of the 178th, Hatchett of the 150th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide an exemption from competitive bidding procedures; to increase the exemption threshold for competitive bidding procedures; to change a short title; to change a definition relative to small business assistance; to revise legislative intent; to provide for a short title; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Properties.
HB 260. By Representatives Pak of the 108th, Ramsey of the 72nd, Rice of the 95th, Powell of the 32nd, Hatchett of the 150th and others:
A BILL to be entitled an Act to amend Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions to driver's license requirements, so as to provide for an exemption for nonresidents from a foreign country which has entered into a reciprocal agreement with this state; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 261. By Representatives Harrell of the 106th, Powell of the 32nd, Douglas of the 78th and Waites of the 60th:
A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding the regulation of alcoholic beverages generally, so as to provide for the sale of alcoholic beverages during certain times on Sunday in commercial service airports owned or operated by a municipal governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 262. By Representatives Scott of the 76th, Jordan of the 77th, Thomas of the 56th, Jones of the 53rd, Anderson of the 92nd and others:
A BILL to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to
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conditions of employment for professionals in elementary and secondary education, so as to revise the minimum base salary for certified professional personnel with bachelor's degrees and no experience; to provide for a minimum base salary for paraprofessionals; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 263. By Representatives Coomer of the 14th, Nimmer of the 178th, Dickey of the 140th, Rogers of the 10th, Golick of the 40th and others:
A BILL to be entitled an Act to amend Chapter 6A of Title 35, Chapter 11 of Title 15, and Title 49 of the O.C.G.A., relating to the Criminal Justice Coordinating Council, the Juvenile Code, and social services, respectively, so as to provide for an advisory board to the council for juvenile justice issues; to amend Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, so as to remove the responsibility and duties of the Department of Human Resources for such shelters and require the Criminal Justice Coordinating Council to have such responsibility and duties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 264. By Representatives Quick of the 117th, Barr of the 103rd, Mabra of the 63rd, Nix of the 69th, Oliver of the 82nd and others:
A BILL to be entitled an Act to amend Code Section 15-11-2, Title 19, and Chapter 10 of Title 31 of the O.C.G.A., relating to definitions for the Juvenile Code, domestic relations, and vital records, respectively, so as to repeal voluntary acknowledgments of legitimation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 265. By Representatives Golick of the 40th, Knight of the 130th, Battles of the 15th, Harbin of the 122nd, Peake of the 141st and others:
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 administration relative to revenue and taxation, so as to change the interest rate on past due taxes; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Ways & Means.
HB 266. By Representative Battles of the 15th:
A BILL to be entitled an Act to amend Code Section 47-1-12 of the Official Code of Georgia Annotated, relating to investment and reinvestment of assets of local retirement system, valuation and limitation on investments, and duties of the state auditor, so as to correct certain provisions relative to the investment authority of local retirement systems; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 267. By Representatives Kelley of the 16th, Willard of the 51st, Ramsey of the 72nd, Fleming of the 121st, Strickland of the 111th and others:
A BILL to be entitled an Act to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to change and clarify provisions relating to the witnessing requisites of deeds, mortgages, and bills of sale; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 268. By Representatives Ballinger of the 23rd, Chandler of the 105th, Clark of the 101st, Oliver of the 82nd, Hatchett of the 150th and others:
A BILL to be entitled an Act to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse and when it is mandated or authorized, so as to change provisions relating to mandatory reporters; to provide for procedure; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 269. By Representative Battles of the 15th:
A BILL to be entitled an Act to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to change a certain provision relating to the chairperson of the board of trustees of such retirement system; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Retirement.
HB 270. By Representative Battles of the 15th:
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 change a certain provision relating to the chairperson of the board of trustees of such retirement system; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 271. By Representatives Setzler of the 35th, Dudgeon of the 25th and Taylor of the 79th:
A BILL to be entitled an Act to amend Articles 31 and 31A of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to charter schools and state charter schools, respectively, so as to provide for charterschools-in-the-workplace; to provide for enrollment priorities for charter schools and state charter schools; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 272. By Representatives Mayo of the 84th, Drenner of the 85th, Marin of the 96th and Dickerson of the 113th:
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 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 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 273. By Representatives Quick of the 117th, Ramsey of the 72nd, Williams of the 119th, Ballinger of the 23rd, Brockway of the 102nd and others:
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
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permit is required, so as to exempt the African pygmy hedgehog from wild animal license and permit requirements if certain conditions are met; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 274. By Representatives Duncan of the 26th, Caldwell of the 131st, Kelley of the 16th, Reeves of the 34th, Quick of the 117th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to powers and duties generally regarding the administration of estates, so as to provide for a definition; to provide for access to the digital accounts of decedents; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 275. By Representatives Strickland of the 111th, Ramsey of the 72nd, Harrell of the 106th, Knight of the 130th, Maxwell of the 17th and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection relative to income taxes, so as to revise the definition of the term "claimant agency"; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 276. By Representatives Harrell of the 106th, Maxwell of the 17th, Powell of the 32nd and Martin of the 49th:
A BILL to be entitled an Act to amend Title 3 of the O.C.G.A., relating to alcoholic beverages, so as to modernize certain terms, repeal certain obsolete provisions, and remove or correct certain inconsistent references; to amend Code Section 51-1-40 of the Official Code of Georgia Annotated, relating to liability for acts of intoxicated persons, so as to make a cross-reference consistent; to amend Code Section 52-7-8.3 of the Official Code of Georgia Annotated, relating to operation of watercraft, identification, and operation by minors, so as to make a cross-reference consistent; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
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HB 277. By Representatives Broadrick of the 4th, Dickson of the 6th, Meadows of the 5th and Battles of the 15th:
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 sales and use taxes, so as to value all flooring samples at the same rate for purposes of fair market value; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 278. By Representatives Clark of the 98th, Pruett of the 149th, Barr of the 103rd, Jones of the 167th, Cantrell of the 22nd and others:
A BILL to be entitled an Act to amend Chapter 22 of Title 45 of the Official Code of Georgia Annotated, the "Public Employee Hazardous Chemical Protection and Right to Know Act of 1988," so as to transfer responsibility under such chapter to the Safety Fire Commissioner; to define certain terms; to provide for rules and regulations; to provide for the provision of certain information relative to hazardous materials to the commissioner; to provide for grievances and judicial review; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 279. By Representatives Powell of the 171st, Abrams of the 89th, Fleming of the 121st, Oliver of the 82nd, Willard of the 51st and others:
A BILL to be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials and cost-of-living adjustments, so as to repeal provisions relating to the annual salaries of Supreme Court Justices, Court of Appeals Judges, superior court judges and district attorneys; to enact provisions relating to the annual salaries of Supreme Court Justices, Court of Appeals Judges, superior court judges and district attorneys; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 280. By Representatives Reeves of the 34th, Ramsey of the 72nd, Efstration of the 104th, Strickland of the 111th, Gravley of the 67th and others:
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A BILL to be entitled an Act to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the State Sexual Offender Registry, so as to require registration when an individual is convicted of trafficking a person for sexual servitude; to provide for venue; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 281. By Representatives Cantrell of the 22nd, Martin of the 49th, Ramsey of the 72nd, Harrell of the 106th, Caldwell of the 20th and others:
A BILL to be entitled an Act to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to enact the "Georgia Government Accountability Act"; to provide for a short title; to provide for legislative intent; to create the Legislative Sunset Advisory Commission; to authorize the commission to review and evaluate state agencies' productivity, efficiency, and responsiveness; to provide for the automatic abolition of certain state agencies contingent upon adoption of a resolution by the General Assembly declaring that the state laws applicable to such agency have been repealed, revised, or reassigned; to provide for auditing of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 282. By Representatives Shaw of the 176th, Buckner of the 137th, Bentley of the 139th, Corbett of the 174th, Sharper of the 177th and others:
A BILL to be entitled an Act to amend Code Section 47-3-89 of the Official Code of Georgia Annotated, relating to credit in the Teachers Retirement System of Georgia for service rendered in governmentally supported or operated schools other than public schools in Georgia and payments required to obtain credit for such service, so as to provide for such creditable service for certain prior teaching service as a federal employee of the United States Department of Defense or the United States Bureau of Prisons; to provide a short title; 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 283. By Representatives Allison of the 8th, Cooke of the 18th, Stover of the 71st, Pezold of the 133rd, Caldwell of the 20th and others:
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A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that a person's conviction of the offense of simple possession of marijuana shall not result in the suspension of such person's driver's license; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HR 1.
By Representatives Geisinger of the 48th, McCall of the 33rd, Randall of the 142nd, Stephens of the 164th, Kidd of the 145th 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 224. By Representative Stover of the 71st:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the members of the State Board of Education are elected; 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.
HR 225. By Representatives Taylor of the 173rd, Buckner of the 137th and Powell of the 171st:
A RESOLUTION honoring the life of Mrs. Pauline Spearman Brinkley and dedicating a road in her memory; and for other purposes.
Referred to the Committee on Transportation.
HR 226. By Representatives Mayo of the 84th, Mitchell of the 88th, Marin of the 96th, Gordon of the 163rd, Drenner of the 85th and others:
A RESOLUTION recommending that the General Assembly close the health coverage gap for Georgia families; and for other purposes.
Referred to the Committee on Insurance.
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By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee:
HB 292. By Representatives Knight of the 130th and Powell of the 171st:
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 an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 218 HB 220 HB 222 HB 224 HB 226 HB 228 HB 230 HB 232 HB 234 HB 236 HB 238 HB 240 HB 242 HB 244 HR 215
HB 219 HB 221 HB 223 HB 225 HB 227 HB 229 HB 231 HB 233 HB 235 HB 237 HB 239 HB 241 HB 243 HR 4 HR 223
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 195 Do Pass
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491
Respectfully submitted, /s/ Cooper of the 43rd
Chairman
Representative Tankersley of the 160th 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 181 HB 188 HB 203
Do Pass Do Pass Do Pass
HB 187 Do Pass, by Substitute HB 189 Do Pass
Respectfully submitted, /s/ Tankersley of the 160th
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 House and has instructed me to report the same back to the House with the following recommendation:
HB 177 Do Pass
Respectfully submitted, /s/ Weldon of the 3rd
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 181. By Representative Bentley of the 139th:
A BILL to be entitled an Act to amend an Act to reincorporate and provide a new charter for the City of Marshallville in Macon County, approved March
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19, 1987 (Ga. L. 1987, p. 3993), so as to revise the manner of filling a vacancy in the office of mayor or councilmember; 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 187. By Representatives Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended, particularly by an Act approved April 11, 2012 (Ga. L. 2012, p. 5132), so as to provide the corporate boundaries of such city; to change provisions relative to the filling of vacancies; 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 a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended, particularly by an Act approved April 11, 2012 (Ga. L. 2012, p. 5132), so as to provide the corporate boundaries of such city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA
SECTION 1. An Act providing a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended, particularly by an Act approved April 11, 2012 (Ga. L. 2012, p. 5132), is amended by revising subsection (a) of Section 1.2 as follows:
"(a) The corporate limits of the City of Flowery Branch shall be those existing on December 31, 2014, as further described by the following Hall County, Georgia Geographic Information System (GIS) parcel numbers: 08069001013; 08070001002; 08070001003; 08073000003A; 08073000003B; 08073000003D; 08073000004A; 08073000006; 08073000008; 08092000001; 08092000003; 08092000004; 08092000005; 08092000006 08092000007; 092000008; 092000009; 093000006; 093000007; 093000008; 08093000004; 08093000010; 08096000001; 08096000002; 08096000003; 08096000004; 08096000007; 08096000012; 08096000016; 08096000018; 08096000019; 08097000001A; 08097000003 08097000008; 08097000009; 08097000010; 08097000011; 08097000012; 08097000013;
TUESDAY, FEBRUARY 10, 2015
493
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494
JOURNAL OF THE HOUSE
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TUESDAY, FEBRUARY 10, 2015
495
08099A000196; 08099A000197; 08099A000198; 08099A000199; 08099A000200; 08099A000201; 08099A000202; 08099A000203; 08099A000204; 08099A000205; 08099A000206; 08099A000207; 08100001002A; 08100001049; 08100001050; 08100001051; 08100001052; 08100001053; 08100001054; 08100001055; 08100001056; 08100001057; 08100001058; 08100001059; 08100001060; 08100001061; 08100001062; 08100001063; 08100001064; 08100001065; 08100001066; 08100001067; 08100001068; 08100001069; 08100001070; 08100001071; 08100001072; 08100001073; 08100001074; 08100001075; 08100001076; 08100001077; 08100001078; 08100001079; 08100001080; 08100001081; 08100001082; 08100001083; 08100001084; 08100001085; 08100001086; 08100001087; 08100001088; 08100001089; 08100001090; 08100001091; 08100001092; 08100001093; 08100001094; 08100001095; 08100A000001; 08100A000002; 08100A000003; 08100A000004; 08100A000005; 08100A000006; 08100A000007; 08100A000008; 08100A000009; 08100A000010; 08100A000011; 08100A000012; 08100A000013; 08100A000014; 08100A000015; 08100A000016; 08100A000017; 08100A000018; 08100A000019; 08100A000020; 08100A000021; 08100A000022; 08100A000023; 08100A000024; 08100A000025; 08100A000026; 08100A000027; 08100A000028; 08100A000029; 08100A000030; 08100A000031; 08100A000032; 08100A000033; 08100A000034; 08100A000035; 08100A000036; 08100A000037; 08100A000038; 08100A000039; 08100A000040; 08111003002; 08111003013; 08111003014; 08111003015; 08111003028; 08111003033; 08111003039; 08111005007; 08111005008; 08111005009; 08111005010; 08112001001; 08112002001; 08112002002; 08112002002A; 08112002003; 08112002004; 08112003001; 08112004001; 08112004002; 08112004003; 08112004004; 08112004005; 08112004006; 08112004006A; 08112005001; 08112005002; 08112005003; 08112005004; 08112006001; 08112006002; 08112007001; 08112007002; 08112007003; 08112008001; 08112008002; 08112008003; 08112008004; 08112008005; 08112008006; 08112008006A; 08112008007; 08112008008; 08112008009; 08112008009A; 08112008009B; 08112008010; 08112008011; 08112008012; 08112008013; 08112008014; 08112008015; 08112008017; 08112008018; 08112008019; 08112008020; 08112008021; 08112009001; 08112009002; 08112009003; 08112009003A; 08112009004; 08112009005; 08112009007; 08112009009; 08112009010; 08112009011; 08112009012; 08112009013; 08112009014; 08112009015; 08112009016; 08112009017; 08112009018; 08112009019; 08112009020; 08112009021; 08112009022; 08112009023; 08112009024; 08112009025; 08112009026; 08112009027; 08112009028; 08112009029; 08112009030; 08112009031; 08112009032; 08112009033; 08112009034; 08112009035; 08112009036; 08112009037; 08112009038; 08112009039; 08112009040; 08112009041; 08112009042; 08112009043; 08112009044; 08112009045; 08112009046; 08112009047; 08112009048; 08112009049; 08112009050; 08112009051; 08112009052; 08112009053; 08112009054; 08112009055; 08112009056; 08112009057; 08112009058; 08112009059; 08112010001; 08112010002; 08112011001; 08112011002; 08112012001; 08112012001A; 08112012002; 08112012003; 08112012004; 08112012005; 08112012006; 08112012006A; 08112012007; 08112012008; 08112013001; 08112013002; 08112013003; 08112013005; 08112013005A; 08112013006;
496
JOURNAL OF THE HOUSE
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TUESDAY, FEBRUARY 10, 2015
497
08113001076; 08113001077; 08113001078; 08113001079; 08113001080; 08113001081; 08113001082; 08113001083; 08113001084; 08113001085; 08113001086; 08113001087; 08113001088; 08113001089; 08113001090; 08113001091; 08113001092; 08113001093; 08113001094; 08113001095; 08113001103; 08113002002; 08113002003; 08113002004; 08113002005; 08113002006; 08113002007; 08113002008; 08113002009; 08113002010; 08113002011; 08113002012; 08113002013; 08113002013A; 08113002014; 08113002015; 08113002017; 08113002018; 08113002019; 08113002020; 08113002021; 08113002022; 08113002023; 08113002024; 08113002025; 08113002026; 08113002027; 08113002028; 08113002029; 08113002030; 08113002031; 08113002032; 08113002033; 08113002034; 08113002035; 08113002036; 08113002037; 08113002038; 08113002039; 08113002040; 08113002041; 08113002042; 08113002043; 08113002044; 08113002045; 08113002046; 08113002047; 08113002048; 08113002049; 08113002050; 08113002051; 08113002052; 08113002053; 08113002054; 08113002055; 08113002056; 08113002057; 08113002058; 08113002059; 08113002060; 08113002061; 08113002062; 08113002063; 08113002064; 08113002065; 08113002066; 08113002067; 08113002069; 08113002070; 08113002071; 08113002072; 08113002073; 08113002076; 08113002078; 08113002079; 08113002080; 08113002081; 08113002082; 08113002083; 08113002084; 08113002085; 08113002086; 08113002087; 08113003001; 08113004001; 08113004002; 08113004003; 08113004004; 08113004005; 08113004006; 08113004007; 08113004008; 08114001002; 08114001003; 08114001004; 08114002003; 08114002020; 08114002025; 08114002025A; 08114002027; 08114002029; 08114002030; 08114002031; 08114004004; 08114004005; 08114004009; 08114004012; 08114004013; 08116000015; 08116000016; 08116000017; 08116000018; 08116000019; 08116000020; 08116000021; 08116000022; 08116000023; 08117001001; 08117001002; 08117001003; 08117001004; 08117001005; 08117001006; 08117001007; 08117001008; 08117001009; 08117001010; 08117001011; 08117001012; 08117001013; 08117001014; 08117001015; 08117001016; 08117001017; 08117001018; 08117001019; 08117001020; 08117001021; 08117001022; 08117001023; 08117001024; 08117001025; 08117001026; 08117001027; 08117001028; 08117001029; 08117001030; 08117001031; 08117001032; 08117001033; 08117001034; 08117001035; 08117001036; 08117001037; 08117002001; 08117002006; 08117002007; 08117002008; 08117002008A; 08117002009; 08117002010; 08117002011; 08117002012; 08117002013; 08117002015; 08117002016A; 08117002016C; 08117002016D; 08117002059; 08117002061; 08117002061B; 08117005002; 08117005003; 08117005005; 08117005006; 08118001001; 08118001001A; 08118001002; 08118001002C; 08118001002D; 08118001002E; 08118001002F; 08118001004; 08118001004A; 08118001006; 08118001008; 08118001009; 08118001011; 08118001012; 08118001015; 08118001019; 08118001020; 08118001021; 08118002001; 08118002002; 08118002002A; 08118002002B; 08118002003; 08118002005; 08118002006; 08118002007; 08118002008; 08118002009; 08118002010; 08118002011; 08118002012; 08118002013; 08118003001; 08118003002; 08118003003; 08118003004; 08118003005; 08118004001; 08118004004; 08118004005; 08118004006; 08118004007; 08118004008; 08118004009; 08118004010; 08118004011; 08118004012; 08118004013; 08118004014; 08118005001; 08118005001A; 08118005002;
498
JOURNAL OF THE HOUSE
08118005003; 08118005004; 08118005005; 08118005006; 08118005007; 08118005008; 08118005009; 08118005010; 08118005012; 08118006001; 08118006002A; 08118006002B; 08118006003; 08118006003A; 08118006003B; 08118006003C; 08118006004; 08118006004A; 08118006005; 08118006006; 08118006007; 08118006008; 08118006009; 08118007001; 08118007002A; 08118007002B; 08118007003; 0811800700; 08118007005; 08118007006; 08118007007; 08118007008; 08118007009; 08118007010; 08118007011; 08118007012; 08118007013; 08118007014; 08118007015; 08118007016; 08118007017; 08118007018; 08118008002; 08118008003; 08118008004; 08118008005; 08118008005A; 08118008006; 08118008008; 08118008009; 08118008010; 08118008011; 08118008012; 08118008013; 08118008014; 08118A000001; 08118A000002; 08118A000003; 08118A000004; 08118A000005; 08118A000006; 08118A000007; 08118A000008; 08118A000009; 08118A000010; 08118A000011; 08118A000012; 08118A000013; 08118A000014; 08118A000015; 08118A000016; 08118A000017; 08118A000018; 08118A000019; 08118A000020; 08118A000021; 08118A000022; 08118A000023; 08118A000024; 08118A000025; 08118A000026; 08118A000027; 08118A000028; 08118A000029; 08118A000030; 08118A000031; 08118A000032; 08118A000033; 08118A000034; 08118A000035; 08118A000036; 08118A000037; 08118A000038; 08118A000039; 08118A000040; 08118A000041; 08118A000042; 08118A000043; 08118A000044; 08118A000045; 08118A000046; 08118A000047; 08118A000048; 08118A000049; 08118A000050; 08118A000051; 08118A000052; 08118A000053; 08118A000054; 08118A000055; 08118A000056; 08118A000057; 08118A000058; 08118A000059; 08118A000060; 08118A000061; 08118A000062; 08118A000063; 08118A000064; 08118B000001; 08118B000002; 08118B000003; 08118B000004; 08118B000005; 08118B000006; 08118B000007; 08118B000008; 08118B000009; 08118B000010; 08118B000011; 08118B000012; 08118B000013; 08118B000014; 08118B000015; 08118B000016; 08118B000017; 08118B000018; 08118B000019; 08118B000020; 08118B000021; 08118B000022; 08118B000023; 08118B000024; 08118B000025; 08118B000026; 08118B000027; 08118B000028; 08118B000029; 08118B000030; 08118B000031; 08118B000032; 08118B000033; 08118B000034; 08118B000037; 08118B000038; 08118B000039; 08118B000040; 08118B000041; 08118B000042; 08118B000043; 08118B000044; 08118B000045; 08118B000046; 08118B000047; 08118B000048; 08118B000049; 08118B000050; 08118B000051; 08118B000052; 08118B000053; 08118B000054; 08118B000055; 08118B000056; 08118B000057; 08118B000058; 08118B000059; 08118B000060; 08118B000061; 08118B000062; 08118B000063; 08118B000064; 08118B000065; 08118B000066; 08118B000067; 08118B000068; 08118B000070; 08118B000071; 08118B000072; 08118B000073; 08118B000074; 08118B000075; 08118B000076; 08118B000078; 08118B000079; 08118B000080; 08118B000081; 08118B000082; 08118B000083; 08118B000084; 08118B000085; 08118B000086; 08118B000087; 08118B000088; 08118B000089; 08118B000090; 08118B000091; 08118B000092; 08118B000093; 08118B000094; 08118B000095; 08118B000096; 08118B000097; 08118B000098; 08118B000099; 08118B000100; 08118B000101; 08118B000102; 08118B000103; 08118B000104; 08118B000105;
TUESDAY, FEBRUARY 10, 2015
499
08118B000106; 08118B000107; 08118B000108; 08118B000109; 08118B000110; 08118B000111; 08118B000112; 08118B000113; 08118B000114; 08118B000115; 08118B000116; 08118B000117; 08118B000118; 08118B000119; 08118B000120; 08118B000121; 08118B000122; 08118B000123; 08118B000124; 08118B000125; 08118B000126; 08118B000127; 08118B000128; 08118B000129; 08118B000130; 08118B000131; 08118B000132; 08118B000133; 08118B000134; 08118B000135; 08118B000136; 08118B000137; 08118B000138; 08118B000139; 08118B000140; 08118B000141; 08118B000142; 08118B000143; 08118B000144; 08118B000145; 08118B000146; 08118B000147; 08118B000148; 08118B000149; 08118B000150; 08118B000151; 08118B000152; 08118B000153; 08118B000154; 08118B000155; 08118B000156; 08118B000157; 08118B000158; 08118B000159; 08118B000160; 08118B000161; 08118B000162; 08118B000163; 08118B000164; 08118B000165; 08118B000166; 08118B000167; 08118B000168; 08118B000169; 08118B000170; 08118B000171; 08118B000172; 08118B000173; 08118B000174; 08118B000175; 08118B000176; 08118B000177; 08118B000178; 08118B000179; 08118B000180; 08118B000181; 08118B000182; 08118B000183; 08118B000184; 08118B000185; 08118B000186; 08119000207; 08119000215; 08119000216; 08132000026; 08132000097; 08134000002; 08134000005; 08140000092; 08140000118; 08140000215; 08150002001; 15044000039A; 15044000039B; 15044000073; 15044000075; 15044000135; 15044A002001; 15044A002022; 15044A002023; 15044A002024; 15046000009; 15046000009B; 15046000009C; 15046000028; 15046000034; 15046000035; 15046000039; 15046000069; 15046000071; 15046000111; 15046000122; 1504600123; 15046000135; 15046000145; 15046000146; 15046000147; 15047000001; 15047000003; 15047000005; 15047000007; 15047000019A; 15047000022; 15047000041; 15047000098; 15047000101; 15047000104; 15047000105; 15047000106; 15047000107; 15047000108; 15047000109; 15047000110; 15047000111; 15047000112; 15047000113; 15047000114; 15047000115; 15047000116; 15047000117; 15047000119; 15047000120; 15047000121; 15047000122; 15047000123; 15047000124; 15047000125; 15047000126; 15047000127; 15047000128; 15047000129; 15047000130; 15047000131; 15047000132; 15047000133; 15047000134; 15047000135; 15047000136; 15047000137; 15047000138; 15047000139; 15047000140; 15047000141; 15047000142; 15047000143; 15047000144; 15047000145; 15047000146; 15047000147; 15047000148; 15047000149; 15047000150; 15047000151; 15047000152; 15047000153; 15047000154; 15047000155; 15047000156; 15047000157; 15047000158; 15047000159; 15047000160; 15047000161; 15047000162; 15047000163; 15047000164; 15047000165; 15047000166; 15047000167; 15047000168; 15047000169; 15047000170; 15047000171; 15047000172; 15047000173; 15047000174; 15047000175; 15047000176; 15047000177; 15047000178; 15047000179; 15047000180; 15047000181; 15047000182; 15047000183; 15047000184; 15047000185; 15047000186; 15047000187; 15047000188; 15047000189; 15047000190; 15047000191; 15047000192; 15047000193; 15047000194; 15047000195; 15047000196; 15047000197; 15047000198; 15047000199; 15047000200; 15047000201; 15047000202; 15047000203; 15047000204; 15047000205; 15047000206; 15047000207; 15047000208; 15047000209; 15047000210; 15047000211; 15047000212; 15047000213; 15047000214; 15047000215;
500
JOURNAL OF THE HOUSE
15047000216; 15047000217; 15047000218; 15047000219; 15047000220; 15047000221; 15047000222; 15047000223; 15047000224; 15047000225; 15047000226; 15047000227; 15047000228; 15047000229; 15047000230; 15047000231; 15047000232; 15047000233; 15047000234; 15047000235; 15047000236; 15047000237; 15047000238; 15047000239; 15047000240; 15047000241; 15047000242; 15047000243; 15047000244; 15047000245; 15047000246; 15047000247; 15047000248; 15047000249; 15047000250; 15047000251; 15047000252; 15047000253; 15047000254; 15047000255; 15047000256; 15047000257; 15047000258; 15047000259; 15047000260; 15047000261; 15047000262; 15047000263; 15047000264; 15047000265; 15047000266; 15047000267; 15047000268; 15047000269; 15047000270; 15047000271; 15047000272; 15047000273; 15047000274; 15047000275; 15047000276; 15047000277; 15047000278; 15047000279; 15047000280; 15047000281; 15047000282; 15047000283; 15047000284; 15047000285; 15047000286; 15047000287; 15047000288; 15047000289; 15047000290; 15047000291; 15047000292; 15047000293; 15047000294; 15047000295; 15047000296; 15047000297; 15047000298; 15047000299; 15047000300; 15047000301; 15047000302; 15047000303; 15047000304; 15047000305; 15047000306; 15047000307; 15047000308; 15047000309; 15047000310; 15047000311; 15047000312; 15047000313; 15047000314; 15047000315; 15047000316; 15047000317; 15047000318; 15047000319; 15047000320; 15047000321; 15047000322; 15047000323; 15047000324; 15047000363; 15047000364; 15047000365; 15047000366; 15047000367; 15047000368; 15047000369; 15047000370; 15047000371; 15047000372; 15047000373; 15047000374; 15047000375; 15047000376; 15047000377; 15047000378; 15047000379; 15047000380; 15047000381; 15047000382; 15047000383; 15047000384; 15047000385; 15047000386; 15047000387; 15047000388; 15047000389; 15047000390; 15047000391; 15047000392; 15047000393; 15047000394; 15047000395; 15047000396; 15047000397; 15047000398; 15047000399; 15047000400; 15047000401; 15047000402; 15047000403; 15047000404; 15047000405; 15047000406; 15047000407; 15047000408; 15047000409; 15047000410; 15047000411; 15047000412; 15047000413; 15047000414; 15047000415; 15047000416; 15047000417; 15047000418; 15047000419; 15047000420; 15047000421; 15047000422; 15047000423; 15047000424; 15047000425; 15047000426; 15047000427; 15047000428; 15047000429; 15047000430; 15047000431; 15047000433; 15047000434; 15047000435; 15047000436; 15047000437; 15047000438; 15047000439; 15047000440; 15047000441; 15047000442; 15047000443; 15047000444; 15047000445; 15047000446; 15047000447; 15047000448; 15047000449; 15047000450; 15047000451; 15047000452; 15047000453; 15047000454; 15047000455; 15047000456; 15047000457; 15047000458; 15047000459; 15047000460; 15047000461; 15047000462; 15047000463; 15047000464; 15047000465; 15047000466; 15047000467; 15047000468; 15047000469; 15047000470; 15047000471; 15047000472; 15047000473; 15047000474; 15047000475; 15047000476; 15047000477; 15047000478; 15047000479; 15047000480; 15047000481; 15047000482; 15047000483; 15047000484; 15047000485; 15047000486; 15047000487; 15047000488; 15047000489; 15047000490; 15047000491; 15047000492; 15047000493; 15047000494; 15047000495; 15047000496; 15047000497; 15047000498; 15047000499; 15047000500; 15047000501; 15047000502; 15047000503; 15047000504; 15047000505; 15047000506; 15047000507; 15047000508; 15047000509; 15047000510; 15047000511; 15047000512;
TUESDAY, FEBRUARY 10, 2015
501
15047000513; 15047000514; 15047000515; 15047000516; 15047000517; 15047000518; 15047000519; 15047000520; 15047000521; 15047000522; 15047000523; 15047000524; 15047000525; 15047000526; 15047000527; 15047000528; 15047000529; 15047000530; 15047000531; 15047000532; 15047000533; 15047000534; 15047000535; 15047000536; 15047000537; 15047000538; 15047000539; 15047000540; 15047000541; 1047000542; 15047000543; 15047000544; 15047000545; 15047000546; 15047000547; 15047000548; 15047000549; 15047000550; 15047000551; 15047000552; 15047000553; 15047000554; 15047000555; 15047000556; 15047000557; 15047000558; 15047000559; 15047000560; 15047000561; 15047000562; 15047000563; 15047000564; 15047000565; 15047000566; 15047000567; 15047000568; 15047000569; 15047000570; 15047000571; 15047000572; 15047000573; 15047000574; 15047000575; 15047000576; 15047000577; 15047000578; 15047000579; 15047000580; 15047000581; 15047000582; 15047000583; 15047000584; 15047000585; 15047000586; 15047000587; 15047000588; 15047000589; 15047000590; 15047000591; 15047000592; 15047000593; 15047000594; 15047000595; 15047000596; 15047000597; 15047000598; 15047000599; 15047000600; 15047000601; 15047000602; 15047000603; 15047000604; 15047000605; 15047000606; 15047000607; 15047000608; 15047000609; 15047000610; 15047000611; 15047000612; 15047000613; 15047000614; 15047000615; 15047000616; 15047000617; 15047000618; 15047000619; 15047000620; 15047000621; 15047000622; 15047000623; 15047000624; 15047000625; 15047000626; 15047000627; 15047000628; 15047000629; 15047000630; 15047000631; 15047000632; 15047000633; 15047000634; 15047000635; 15047000636; 15047000637; 15047000638; 15047000639; 15047000640; 15047000641; 15047000642; 15047000643; 15047000644; 15047000645; 15047000646; 15047000647; 15047000648; 15047000649; 15047000650; 15047000651; 15047000652; 15047000653; 15047000654; 15047000655; 15047000656; 15047000657; 15047000658; 15047000659; 15047000660; 15047000661; 15047000662; 15047000663; 15047000664; 15047000665; 15047000666; 15047000667; 15047000668; 15047000669; 15047000670; 15047000671; 15047000672; 15047000673; 15047000674; 15047000675; 15047000676; 15047000677; 15047000678; 15047000679; 15047000680; 15047000681; 15047000682; 15047000683; 15047000684; 15047000701; 15047000703; 15047000704; 15047000705; 15047000706; 15047000707; 15047000708; 15047000709; 15047000710; 15047000711; 15047000726; 15047000727; 15047000728; 15047000729; 15047000730; 15047000731; 15047000732; 15047000733; 15047000734; 15047000735; 15047000736; 15047000737; 15047000749; 15047000750; 15047000751; 15047000752; 15047000753; 15047000754; 15047000755; 15047000756; 15047000757; 15047000758; 15047000759; 15047000760; 15047000885; 15047000886; 15047C000001; 15047C000002; 15047C000003; 15047C000004; 15047C000005; 15047C000006; 15047C000007; 15047C000008; 15047C000009; 15047C000010; 15047C000011; 15047C000012; 15047C000013; 15047C000014; 15047C000015; 15047C000016; 15047C000017; 15047C000018; 15047C000019; 15047C000020; 15047C000021; 15047C000022; 15047C000023; 15047C000025; 15047C000026; 15047C000027; 15047C000028; 15047C000029; 15047C000030; 15047C000031; 15047C000032; 15047C000033; 15047C000034; 15047C000035; 15047C000036; 15047C000037; 15047C000038; 15047C000039; 15047C000040; 15047C000041; 15047C000042;
502
JOURNAL OF THE HOUSE
15047C000043; 15047C000048; 15047C000053; 15047D000005; 15047D000010; 15047D000015; 15047D000020; 15047D000025; 15047D000030; 15047D000035; 15047D000040; 15047D000045; 15047D000050; 15047E000003; 15047E000008; 15047E000013; 15047E000018; 15047E000023; 15047E000028; 15047E000033; 15047E000038; 15047E000043; 15047E000048; 15047E000053; 15047E000058; 15047E000063; 15047E000068; 15047E000073; 15047E000078; 15047E000083; 15047E000088; 15047E000093; 15047E000098; 15047E000103; 15047E000108; 15047E000113; 15047E000118; 15047E000123; 15047E000128; 15047E000133; 15047E000138; 15047E000143; 15047E000148;
15047C000044; 15047C000049; 15047D000001; 15047D000006; 15047D000011; 15047D000016; 15047D000021; 15047D000026; 15047D000031; 15047D000036; 15047D000041; 15047D000046; 15047D000051; 15047E000004; 15047E000009; 15047E000014; 15047E000019; 15047E000024; 15047E000029; 15047E000034; 15047E000039; 15047E000044; 15047E000049; 15047E000054; 15047E000059; 15047E000064; 15047E000069; 15047E000074; 15047E000079; 15047E000084; 15047E000089; 15047E000094; 15047E000099; 15047E000104; 15047E000109; 15047E000114; 15047E000119; 15047E000124; 15047E000129; 15047E000134; 15047E000139; 15047E000144; 15047E000149;
15047C000045; 15047C000050; 15047D000002; 15047D000007; 15047D000012; 15047D000017; 15047D000022; 15047D000027; 15047D000032; 15047D000037; 15047D000042; 15047D000047; 15047D000052; 15047E000005; 15047E000010; 15047E000015; 15047E000020; 15047E000025; 15047E000030; 15047E000035; 15047E000040; 15047E000045; 15047E000050; 15047E000055; 15047E000060; 15047E000065; 15047E000070; 15047E000075; 15047E000080; 15047E000085; 15047E000090; 15047E000095; 15047E000100; 15047E000105; 15047E000110; 15047E000115; 15047E000120; 15047E000125; 15047E000130; 15047E000135; 15047E000140; 15047E000145; 15047E000150;
15047C000046; 15047C000051; 15047D000003; 15047D000008; 15047D000013; 15047D000018; 15047D000023; 15047D000028; 15047D000033; 15047D000038; 15047D000043; 15047D000048; 15047E000001; 15047E000006; 15047E000011; 15047E000016; 15047E000021; 15047E000026; 15047E000031; 15047E000036; 15047E000041; 15047E000046; 15047E000051; 15047E000056; 15047E000061; 15047E000066; 15047E000071; 15047E000076; 15047E000081; 15047E000086; 15047E000091; 15047E000096; 15047E000101; 15047E000106; 15047E000111; 15047E000116; 15047E000121; 15047E000126; 15047E000131; 15047E000136; 15047E000141; 15047E000146; 15047E000151;
15047C000047; 15047C000052; 15047D000004; 15047D000009; 15047D000014; 15047D000019; 15047D000024; 15047D000029; 15047D000034; 15047D000039; 15047D000044; 15047D000049; 15047E000002; 15047E000007; 15047E000012; 15047E000017; 15047E000022; 15047E000027; 15047E000032; 15047E000037; 15047E000042; 15047E000047; 15047E000052; 15047E000057; 15047E000062; 15047E000067; 15047E000072; 15047E000077; 15047E000082; 15047E000087; 15047E000092; 15047E000097; 15047E000102; 15047E000107; 15047E000112; 15047E000117; 15047E000122; 15047E000127; 15047E000132; 15047E000137; 15047E000142; 15047E000147; 15047E000152;
TUESDAY, FEBRUARY 10, 2015
503
15047E000153; 15047E000154; 15047E000155; 15047E000156; 15047E000157; 15047E000158; 15047E000159; 15047E000160; 15047E000161; 15047E000162; 15047E000163; 15047E000164; 15047E000165; 15047E000166; 15047E000167; 15047E000168; 15047E000169; 15047E000170; 15047F000001; 15047F000002; 15047F000003; 15047F000004; 15047F000005; 15047F000006; 15047F000007; 15047F000008; 15047F000009; 15047F000010; 15047F000011; 15047F000012; 15047F000013; 15047F000014; 15047F000015; 15047F000016; 15047F000017; 15047F000018; 15047F000019; 15047F000020; 15047F000021; 15047F000022; 15047F000023; 15047F000024; 15047F000025; 15047F000026; 15047F000027; 15047F000028; 15047F000029; 15047F000030; 15047F000031; 15047F000032; 15047F000033; 15047F000034; 15047F000035; 15047F000036; 15047F000037; 15047F000038; 15047F000039; 15047F000040; 15047F000041; 15047F000042; 15047F000043; 15047F000044; 15047F000045; 15047F000046; 15047G000001; 15047G000002; 15047G000003; 15047G000004; 15047G000005; 15047G000006; 15047G000007; 15047G000008; 15047G000009; 15047G000010; 15047G000011; 15047G000012; 15047G000013; 15047G000014; 15047G000015; 15047G000016; 15047G000017; 15047G000018; 15047G000019; 15047G000020; 15047G000021; 15047G000022; 15047G000023; 15047G000024; 15047G000025; 15047G000026; 15047G000027; 15047G000028; 15047G000029; 15047G000030; 15047G000031; 15047G000032; 15047G000033; 15047G000034; 15047G000035; 15047G000036; 15047G000037; 15047G000038; 15047G000039; 15047G000040; 15047G000041; 15047G000042; 15047G000043; 15047G000044; 15047G000045; 15047G000046; 15047G000047; 15047G000048; 15047G000049; 15047G000050; 15047G000051; 15047G000052; 15047G000053; 15047G000054; 15047G000055; 15047G000056; 15047G000057; 15047G000058; 15047G000059; 15047G000060; 15047G000061; 15047G000062; 15047G000063; 15047H000001; 15047H000002; 15047H000003; 15047H000004; 15047H000005; 15047H000006; 15047H000007; 15047H000008; 15047H000009; 15047H000010; 15047H000011; 15047H000012; 15047H000013; 15047H000014; 15047H000015; 15047H000016; 15047H000017; 15047H000018; 15047H000019; 15047H000020; 15047H000021; 15047H000022; 15047H000023; 15047H000024; 15047H000025; 15047H000026; 15047H000027; 15047H000028; 15047H000029; 15047H000030; 15047H000031; 15047H000032; 15047H000033; 15047H000034; 15047H000035; 15047H000036; 15047H000037; 15047H000038; 15047H000039; 15047H000040; 15047H000041; 15047H000042; 15047H000043; 15047H000044; 15047H000045; 15047H000046; 15047H000047; 15047H000048; 15047H000049; 15047H000050; 15048000014; 15048000014A; 15048000018; 15048000019; 1504800019D; 15048000021; 15048000021X; 15048000036; 15048000038; 15048000038A; 15048000038B; 15048000039; 15048000039B; 15048000149; 15048000167; 15048000176; 15048000177; 15048000178; 15048000184; 15048000186; 15048000189; and, 15048000192."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
504
JOURNAL OF THE HOUSE
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 188. By Representative Shaw of the 176th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for Lanier County, approved March 7, 1933 (Ga. L. 1933, p. 602), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3768), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for the manner of election; to provide for the continuation in office of current members; to provide for 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 189. By Representative Shaw of the 176th:
A BILL to be entitled an Act to amend an Act creating a new Board of Education of Lanier County, approved March 13, 1970 (Ga. L. 1970, p. 2709), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3763), so as to revise the education districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for terms and continuation in office of current members; to provide for 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 203. By Representatives Williams of the 119th and Quick of the 117th:
A BILL to be entitled an Act to provide a new charter for the Town of Bishop; to provide for related matters; to provide for severability; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following roll call vote was made applicable to the previously read Bills.
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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 Belton Y Bennett Y Bentley Y Benton Y Beskin E Beverly Y Broadrick E Brockway Y Brooks Y Bruce
Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas
Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon E Dukes Y Dunahoo Y Duncan
Ealum Y Efstration E Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye
Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J
Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo E McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick
Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sims
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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 157, nays 0.
The Bills, having received the requisite constitutional majority, were passed.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
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SB 53. By Senators Kirk of the 13th, Unterman of the 45th, Harper of the 7th, Stone of the 23rd, Ligon, Jr. of the 3rd and others:
A BILL to be entitled an Act to amend an Act relating to mental health and authorizing a licensed professional counselor to perform certain acts, Act No. 546, approved April 21, 2014 (Ga L. 2014, p. 347), so as to revise a sunset provision; to provide for an effective date; and for other purposes.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 53.
By Senators Kirk of the 13th, Unterman of the 45th, Harper of the 7th, Stone of the 23rd, Ligon, Jr. of the 3rd and others:
A BILL to be entitled an Act to amend an Act relating to mental health and authorizing a licensed professional counselor to perform certain acts, Act No. 546, approved April 21, 2014 (Ga L. 2014, p. 347), so as to revise a sunset provision; to provide for an effective date; 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:
Representatives Randall of the 142nd, Nix of the 69th, Parrish of the 158th, Cheokas of the 138th, Pruett of the 149th, Smith of the 125th, Buckner of the 137th, and Abrams of the 89th.
Pursuant to HR 279, the House commended the Bethlehem Christian Academy Knights' Baseball Team and invited Lance Fendley, Athletic Director; Colby May, Head Coach; P.J. Klein, Jacob Fincher, and Luke Allen to be recognized by the House of Representatives.
Pursuant to HR 110, the House celebrated Georgia College & State University's quasquicentennial, recognized February 10, 2015, as Georgia College & State University Day at the state capitol, and invited Georgia College President, Steve Dorman, to be recognized by the House of Representatives.
The following Resolutions of the House were read and referred to the Committee on Rules:
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HR 279. By Representative England of the 116th:
A RESOLUTION commending the Bethlehem Christian Academy Knights' Baseball Team and inviting Lance Fendley, Athletic Director; Colby May, Head Coach; P.J. Klein, Jacob Fincher, and Luke Allen to be recognized by the House of Representatives; and for other purposes.
HR 282. By Representatives Taylor of the 173rd, Powell of the 32nd, Atwood of the 179th, Dempsey of the 13th, Smith of the 70th and others:
A RESOLUTION recognizing and commending the Georgia Bureau of Investigation (GBI) Internet Crimes Against Children Task Force (ICAC) and the Human Trafficking component of that task force and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 283. By Representatives Reeves of the 34th, Duncan of the 26th, Brockway of the 102nd, Cantrell of the 22nd, Mabra of the 63rd and others:
A RESOLUTION commending Georgia Tech Football Head Coach Paul Johnson on being named 2014 Atlantic Coast Conference Coach of the Year and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 284. By Representative Ralston of the 7th:
A RESOLUTION commending the Fannin County High School Family and Consumer Science Class on the publication of their magazine, Fannin County, A Home for All Seasons, and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 285. By Representatives Smith of the 134th, Jasperse of the 11th, England of the 116th, Harden of the 148th, Coleman of the 97th and others:
A RESOLUTION commending the 4-H Clubs of Georgia, recognizing February 23, 2015, as 4-H Day at the capitol, and inviting Mr. Ben Hancock, Mr. Arch D. Smith, and the 2014-2015 4-H Leadership Team to be recognized by the House of Representatives; and for other purposes.
HR 286. By Representatives Alexander of the 66th, Maxwell of the 17th and Gravley of the 67th:
A RESOLUTION honoring the life and service of Sam Driskell, Paulding Sheriff's Corporal, and inviting Howard Driskell, Theresa Britton, Allan
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Driskell, Susan Ramey, and Sheriff Gary Gulledge to be recognized by the House of Representatives; and for other purposes.
HR 287. By Representatives O'Neal of the 146th, Abrams of the 89th, Marin of the 96th, Ramsey of the 72nd, Hatchett of the 150th and others:
A RESOLUTION recognizing and commending Mr. Jim Tudor on the grand occasion of his retirement and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 288. By Representatives Atwood of the 179th, Wilkinson of the 52nd, Jones of the 167th, Spencer of the 180th and Parrish of the 158th:
A RESOLUTION commending the College of Coastal Georgia, recognizing March 3, 2015, as College of Coastal Georgia Day at the Capitol, and inviting its faculty, staff, and students to be recognized by the House of Representatives; and for other purposes.
HR 289. By Representatives Smith of the 70th, Williams of the 119th, Bentley of the 139th, Clark of the 147th, Dickey of the 140th and others:
A RESOLUTION recognizing and commending the Flint District on being named the Georgia Forestry Commission 2014 District of the Year and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 290. By Representatives Lumsden of the 12th, Frazier of the 126th, Parrish of the 158th, Howard of the 124th and Harbin of the 122nd:
A RESOLUTION recognizing February 17, 2015, as Medical College of Georgia Day at the state capitol and inviting Dr. Peter F. Buckley to be recognized by the House of Representatives; and for other purposes.
HR 291. By Representatives Smith of the 70th, Williams of the 119th, LaRiccia of the 169th, Roberts of the 155th, Shaw of the 176th and others:
A RESOLUTION recognizing and commending the Coffee-Atkinson Forestry Unit upon being named the Georgia Forestry Commission 2014 Southern Unit of the Year and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 292. By Representatives Mabra of the 63rd, Gasaway of the 28th, Williams of the 87th, Duncan of the 26th, Cantrell of the 22nd and others:
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509
A RESOLUTION recognizing and commending Joseph Fitzgerald Hamilton and inviting him to be recognized by he 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 227 HR 230 HR 232 HR 279
Do Pass Do Pass Do Pass Do Pass
HR 229 HR 231 HR 233
Do Pass Do Pass Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 227. By Representatives Hugley of the 136th, Abrams of the 89th, Williams of the 168th and Dickerson of the 113th:
A RESOLUTION commending Robert Styles and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 229. By Representatives Stovall of the 74th, Pak of the 108th, Glanton of the 75th, Waites of the 60th, Marin of the 96th and others:
A RESOLUTION recognizing and honoring February 12, 2015, as Cambodian-American Heritage Day at the state capitol and inviting Venerable Son Sen, Venerable Saran Brach, Chhoeung Nem, Randy Muth, and Soeurn Chap to be recognized by the House of Representatives; and for other purposes.
HR 230. By Representatives Stovall of the 74th, Waites of the 60th, Jones of the 62nd, Glanton of the 75th, Scott of the 76th and others:
A RESOLUTION commending Hartsfield-Jackson Atlanta International Airport for its beneficial impact to the people and economy of the State of Georgia, recognizing February 12, 2015, as Aviation Day at the capitol, and inviting Miguel Southwell, Aviation General Manager, to be recognized by the House of Representatives; and for other purposes.
HR 231. By Representatives Douglas of the 78th, Ramsey of the 72nd, Scott of the 76th, Rutledge of the 109th, Strickland of the 111th and others:
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A RESOLUTION commending Clayton State University; recognizing February 18, 2015, as Clayton State University Day at the state capitol; and inviting Dr. Thomas J. Hynes, President, Dr. Lila F. Roberts, Dean of the College of Information and Mathematical Sciences, Mrs. Camille Murner, Principal of Rex Mill Middle School, Larry Odum, student of Rex Mill Middle School, and Jonathan Conner, President of the Student Government Association, to be recognized by the House of Representatives; and for other purposes.
HR 232. By Representative Harden of the 148th:
A RESOLUTION commending the Hawkinsville High School Red Devils football team for winning the 2014 Class A State Championship and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 233. By Representatives Bentley of the 139th, Smyre of the 135th and Prince of the 127th:
A RESOLUTION commending Fort Valley State University, recognizing February 11, 2015, as Fort Valley State University Day at the state capitol, and inviting representatives from Fort Valley State University's College of Agriculture to be recognized by the House of Representatives; and for other purposes.
HR 279. By Representative England of the 116th:
A RESOLUTION commending the Bethlehem Christian Academy Knights' Baseball Team and inviting Lance Fendley, Athletic Director; Colby May, Head Coach; P.J. Klein, Jacob Fincher, and Luke Allen to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 293. By Representatives Taylor of the 79th, Wilkinson of the 52nd, Belton of the 112th, Geisinger of the 48th, Jones of the 167th and others:
A RESOLUTION recognizing March 3, 2015, as the Centennial Commemoration of the Navy Reserve; and for other purposes.
HR 294. By Representatives Nix of the 69th, Pezold of the 133rd, Trammell of the 132nd, Greene of the 151st, Brockway of the 102nd and others:
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A RESOLUTION recognizing February 10, 2015, as Georgia Automatic Merchandising Council (GAMC) Day at the capitol; and for other purposes.
HR 295. By Representative Ralston of the 7th:
A RESOLUTION commending Carl Riggs for his noteworthy volunteer service to his community and the State of Georgia; and for other purposes.
HR 296. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending The Blue Ridge Mountains Arts Center on the occasion of its 35th anniversary; and for other purposes.
HR 297. By Representative Ralston of the 7th:
A RESOLUTION honoring the life and memory of Clyde E. Bailey, Jr.; and for other purposes.
HR 298. By Representative Jones of the 62nd:
A RESOLUTION recognizing and commending Chaplain, Colonel Phillip M. Armstrong; and for other purposes
HR 299. By Representatives Drenner of the 85th and Henson of the 86th:
A RESOLUTION commending Friendship Forest; and for other purposes.
HR 300. By Representatives Hugley of the 136th, Frazier of the 126th, Howard of the 124th, Smyre of the 135th, Randall of the 142nd and others:
A RESOLUTION commending The Links, Incorporated, and recognizing February 17, 2015, as Links Day at the state capitol; and for other purposes.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
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Representative Hall, Atlanta, Georgia
Wednesday, February 11, 2015
Fourteenth 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 Belton E Bennett Bentley Benton Beskin Beverly Broadrick Brockway Brooks Bryant Buckner Burns Caldwell, J Caldwell, M E Cantrell Carson Carter E Chandler Cheokas Clark, D Clark, H Clark, V Coleman Cooke Coomer
Cooper Corbett E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration E Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gasaway Geisinger Glanton E Golick Gordon Gravley Greene Hamilton Harbin
Harden Harrell Hatchett E Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley E Jackson Jasperse Jones, J Jones, J.B. Jones, L Jones, S E Jordan Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lumsden Mabra Marin E Martin Maxwell Mayo E McCall McClain
Meadows Mitchell Morris Nimmer Nix Oliver O'Neal E Pak Parrish E Parsons Petrea Pezold Powell, A Powell, J Prince Pruett Quick Raffensperger E Rakestraw Ramsey Reeves Rhodes Rice Roberts Rogers, C E Rogers, T Rutledge Rynders E Scott Setzler Sharper Shaw Sims Smith, E
Smith, L Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R E Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D E Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner Waites Watson Weldon Werkheiser Wilkerson E 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, Bruce of the 61st, Casas of the 107th, Floyd of the 99th, Gardner of the 57th, Mosby of the 83rd, Peake of the 141st, Randall of the 142nd, Stephenson of the 90th, and Welch of the 110th.
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They wished to be recorded as present.
Prayer was offered by Dr. Stanley Kimble, Senior Pastor, New Smyrna Baptist Church, Fort Valley, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 5.
By Representatives Geisinger of the 48th, Kidd of the 145th, McCall of the 33rd, Rice of the 95th and Bentley of the 139th:
A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 16 of the O.C.G.A., relating to invasions of privacy, so as to provide for a definition; to provide for the lawful use of unmanned aircraft; to prohibit the capturing of certain images by unmanned aircraft; to prohibit the possession, disclosure, display, distribution, or other use of such improperly captured images; to provide for penalties; to provide for defenses to prosecution; to restrict the use of such images; to provide for civil actions for violations; to
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provide for rule-making authority for the Department of Public Safety for law enforcement use of such unmanned aircraft; to provide for certain reports; 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 284. By Representatives Geisinger of the 48th, Parsons of the 44th, Willard of the 51st, Kidd of the 145th and Welch of the 110th:
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, 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 Energy, Utilities & Telecommunications.
HB 285. By Representatives Stephens of the 164th and England of the 116th:
A BILL to be entitled an Act to amend Code Section 48-7-40.26 of the Official Code of Georgia Annotated, relating to an income tax credit for film, video, or digital production in Georgia, so as to change certain qualifications for such 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 286. By Representatives Yates of the 73rd, Hitchens of the 161st and Deffenbaugh of the 1st:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the O.C.G.A., relating to prestige license plates and special license plates for certain persons and vehicles, so as to provide for a definition of "disabled veteran"; to provide for issuance of free motor vehicle license plates to disabled veterans; to provide for eligibility; to provide for revalidation of such license plates; to provide for the transfer of such license plates upon
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death; to amend Chapter 5 of Title 48 of the O.C.G.A., relating to ad valorem taxation of property, so as to provide for a definition of "disabled veteran" for homestead exemption purposes; to provide for an exemption to motor vehicle ad valorem taxes for disabled veterans; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 287. By Representatives Kirby of the 114th, England of the 116th, Broadrick of the 4th, Battles of the 15th, Cantrell of the 22nd and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 19 of the O.C.G.A., relating to the parent and child relationship generally, so as 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 for related matters; to provide for a short title; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 288. By Representatives Dempsey of the 13th, Tanner of the 9th, Epps of the 144th, Gardner of the 57th, Reeves of the 34th and others:
A BILL to be entitled an Act to amend Code Section 37-2-4 of the Official Code of Georgia Annotated, relating to the Behavioral Health Coordinating Council, membership, meetings and obligations, so as to provide for two additional members to serve on the behavioral health coordinating council; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 289. By Representatives Parsons of the 44th, Thomas of the 56th and Kaiser of the 59th:
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 motor fuel tax, so as to extend the exemption for a limited period of time for certain public mass transit vehicles; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
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HB 290. By Representatives Drenner of the 85th, Rice of the 95th, Williams of the 168th, Powell of the 32nd, Roberts of the 155th 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 regarding the uniform rules of the road, so as to require the securing or containing of live animals in the back of motor vehicles operated on certain roads; to provide for exceptions; to provide for a fine; to specify the basis for probable cause; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 291. By Representatives Powell of the 32nd and Rice of the 95th:
A BILL to be entitled an Act to amend Code Section 40-2-152 of the Official Code of Georgia Annotated, relating to fees and alternative ad valorem taxation of apportionable vehicles, so as to revise and change certain provisions regarding the distribution of alternative ad valorem tax proceeds; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 293. By Representatives Hawkins of the 27th, Rogers of the 29th, Clark of the 101st, Jones of the 167th, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide a new exemption from state sales and use tax only for a limited period of time regarding the sale of school musical instruments; 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 294. By Representatives Rutledge of the 109th, Douglas of the 78th, Strickland of the 111th, Welch of the 110th, Knight of the 130th and others:
A BILL to be entitled an Act to authorize the governing authority of the City of Stockbridge 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
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limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 295. By Representatives Reeves of the 34th, Jacobs of the 80th, Willard of the 51st, Fleming of the 121st, Evans of the 42nd and others:
A BILL to be entitled an Act to amend Title 14 of the O.C.G.A., relating to corporations, partnerships, and associations, so as to change certain provisions relating to definitions, name registration, service of process, and reinstatement following administrative dissolution; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 296. By Representatives Nix of the 69th, Clark of the 101st, Dudgeon of the 25th, Beskin of the 54th, Kaiser of the 59th and others:
A BILL to be entitled an Act to amend Code Section 20-2-2114 of the Official Code of Georgia Annotated, relating to qualifications for the scholarship program for special needs students, so as to expand eligibility for the program to certain lawful refugees and asylees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 297. By Representatives Beskin of the 54th, Nix of the 69th, Geisinger of the 48th, Dudgeon of the 25th, Maxwell of the 17th and others:
A BILL to be entitled an Act to amend Code Section 43-1-2 of the Official Code of Georgia Annotated, relating to appointment and general powers of division director, members and meetings of professional licensing boards, examination standards, roster of licensees, and funding, so as to provide for professional licensing boards to make designations for the receipt and processing of applications for examination; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 298. By Representatives Jacobs of the 80th, Willard of the 51st, Oliver of the 82nd, Beskin of the 54th, Pak of the 108th and others:
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A BILL to be entitled an Act to amend Code Section 9-11-4.1 of the Official Code of Georgia Annotated, relating to certified process servers, so as to repeal the sunset and legislative review provisions; 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 299. By Representatives Dunahoo of the 30th, Williams of the 119th, Rogers of the 29th, Hawkins of the 27th, Williamson of the 115th 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 definitions; to provide for the imposition of convenience fees upon payments for certain loans or purchases when paid by electronic means; to provide for notice of the imposition of convenience fees; to provide for exclusions and applicability; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
HB 300. By Representatives Oliver of the 82nd, Stephenson of the 90th, Jacobs of the 80th, Mosby of the 83rd, Holcomb of the 81st and others:
A BILL to be entitled an Act to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, so as to establish the traffic division of said court; to provide for judges; to provide for initial terms and elections; to provide for the assignment of cases; to provide for a solicitor and clerk; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 301. By Representatives Oliver of the 82nd, Stephenson of the 90th, Jacobs of the 80th, Mosby of the 83rd, Holcomb of the 81st and others:
A BILL to be entitled an Act to repeal an Act creating and establishing the Recorder's Court of DeKalb County, approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended; to provide for the transfer of certain pending cases and court records; to provide for a solicitor of the Magistrate Court of DeKalb County; to provide for an effective date; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Intragovernmental Coordination - Local.
HB 302. By Representatives Oliver of the 82nd, Stephenson of the 90th, Jacobs of the 80th, Mosby of the 83rd, Holcomb of the 81st and others:
A BILL to be entitled an Act to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved March 30, 1995 (Ga. L. 1995, p. 4016), so as to increase the salary of the Chief Magistrate of DeKalb County; to establish salaries of the associate judges of the traffic division of the State Court of DeKalb County; to establish the salary of the Clerk of the State Court of DeKalb County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 303. By Representatives Hightower of the 68th, Mabra of the 63rd, Kelley of the 16th, Atwood of the 179th, Weldon of the 3rd and others:
A BILL to be entitled an Act to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motorist coverage under motor vehicle liability policies, so as to change provisions relating to the recovery when an insurer refuses to pay for a loss within 60 days after a demand has been made by the insured and a finding has been made that such refusal was made in bad faith; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 304. By Representatives Hightower of the 68th, Strickland of the 111th, Efstration of the 104th, Reeves of the 34th, Tanner of the 9th and others:
A BILL to be entitled an Act to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentence, so as to clarify service of consecutive sentences; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HR 280. By Representatives Cooke of the 18th, Dudgeon of the 25th, Brockway of the 102nd, Caldwell of the 20th, Clark of the 147th and others:
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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 Governmental Affairs.
HR 281. By Representatives Williamson of the 115th, Hitchens of the 161st, Dunahoo of the 30th, Abrams of the 89th, Fleming of the 121st and others:
A RESOLUTION recognizing the contributions of the Republic of Turkey and the Turkic American Federation of Southeast and encouraging the creation of a Georgian-Turkish Friendship Task Force; and for other purposes.
Referred to the Committee on Interstate Cooperation.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 4 HB 245 HB 247 HB 249 HB 251 HB 253 HB 255 HB 257 HB 259 HB 261 HB 263 HB 265 HB 267 HB 269 HB 271 HB 273 HB 275 HB 277 HB 279 HB 281 HB 283 HR 1 HR 225 SB 53
HB 38 HB 246 HB 248 HB 250 HB 252 HB 254 HB 256 HB 258 HB 260 HB 262 HB 264 HB 266 HB 268 HB 270 HB 272 HB 274 HB 276 HB 278 HB 280 HB 282 HB 292 HR 224 HR 226
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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 160 Do Pass
Respectfully submitted, /s/ Burns of the 159th
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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 162 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 59 HB 90 HB 154
Do Pass, by Substitute Do Pass, by Substitute Do Pass
HB 87 Do Pass HB 119 Do Pass
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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 172 Do Pass
Respectfully submitted, /s/ Powell of the 32nd
Chairman
Representative Setzler of the 35th District, Chairman of the Committee on Science & Technology, submitted the following report:
Mr. Speaker:
Your Committee on Science & Technology has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 126 Do Pass, by Substitute
Respectfully submitted, /s/ Setzler of the 35th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 11, 2015
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 14th Legislative Day as enumerated below:
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DEBATE CALENDAR
Open Rule
HB 86
Social services; provide for transfer of the Division of Aging Services to the Georgia Adult and Aging Services Agency; provisions (Substitute)(HumR-Benton-31st)
Modified Open Rule
None
Modified Structured Rule
HB 47 HB 62
Prescription drugs; certain refills of topical ophthalmic products under certain conditions; authorize (Substitute)(H&HS-Cooper-43rd) Special needs students; waive certain qualifications for students whose parent is an active duty military service member stationed in Georgia within the previous year; provide (Ed-Tanner-9th)
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. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 3.
By Senators Unterman of the 45th, Shafer of the 48th, Cowsert of the 46th, Ligon, Jr. of the 3rd, Gooch of the 51st and others:
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A BILL to be entitled an Act to amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for the creation, authorization, procedure, revocation, and termination of a power of attorney from a parent to another person for the temporary delegation of certain power and authority for the care of a minor child; to provide a short title; to provide for definitions; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 5. By Senators Cowsert of the 46th, Watson of the 1st and Ligon, Jr. of the 3rd:
A BILL to be entitled an Act to amend Code Section 52-2-9 of the Official Code of Georgia Annotated, relating to general powers of the Georgia Ports Authority, so as to provide for powers of the authority with respect to acceptance of loans or grants from the United States upon certain terms and conditions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 88. By Representative Prince of the 127th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Stapleton, approved March 30, 2000 (Ga. L. 2000, p. 3543), as amended, particularly by an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 743), so as to change the terms of office of the mayor and councilmembers; to provide for at-large elections; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 101. By Representative Cheokas of the 138th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Schley County, approved March 4, 1977 (Ga. L. 1977, p. 2955), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3822), so as to change the description of education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for an effective date; to repeal conflicting laws; and for other purposes.
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525
HB 102. By Representative Cheokas of the 138th:
A BILL to be entitled an Act to provide that the judge of the Probate Court of Schley County shall also serve as the judge of the Magistrate Court of Schley County on and after January 1, 2017; to provide for the continuation in office and expiration of term of the current magistrate judge; 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 3.
By Senators Unterman of the 45th, Shafer of the 48th, Cowsert of the 46th, Ligon, Jr. of the 3rd, Gooch of the 51st and others:
A BILL to be entitled an Act to amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for the creation, authorization, procedure, revocation, and termination of a power of attorney from a parent to another person for the temporary delegation of certain power and authority for the care of a minor child; to provide a short title; to provide for definitions; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 5.
By Senators Cowsert of the 46th, Watson of the 1st and Ligon, Jr. of the 3rd:
A BILL to be entitled an Act to amend Code Section 52-2-9 of the Official Code of Georgia Annotated, relating to general powers of the Georgia Ports Authority, so as to provide for powers of the authority with respect to acceptance of loans or grants from the United States upon certain terms and conditions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Economic Development & Tourism.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Deffenbaugh of the 1st, Jones of the 47th et al., Nix of the 69th, Werkheiser of the 157th, Beverly of the 143rd, Harden of the 148th, Anderson of the 92nd, Broadrick of the 4th, Nimmer of the 178th et al., Strickland of the 111th et al., and Hugley of the 136th.
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Pursuant to HR 233, the House commended Fort Valley State University, recognized February 11, 2015, as Fort Valley State University Day at the state capitol, and invited representatives from Fort Valley State University's College of Agriculture to be recognized by the House of Representatives.
Pursuant to HR 107, the House congratulated the Lambert High School baseball team on winning the 2014 GHSA Class AAAAAA State Championship and invited the team 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 Juvenile Justice:
HB 177. By Representatives Wilkerson of the 38th, Willard of the 51st, Chandler of the 105th, Oliver of the 82nd, Welch of the 110th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to provide that certain school personnel who are required to report child abuse shall be notified upon receipt of such report and upon completion of its investigation; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Health & Human Services:
HB 195. By Representatives Cooper of the 43rd, Randall of the 142nd, Kelley of the 16th, Dempsey of the 13th, Rynders of the 152nd and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for substitutions of interchangeable biological products; to define certain terms; to provide for requirements and limitations; 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 47. By Representatives Cooper of the 43rd, Meadows of the 5th, Hawkins of the 27th, Hatchett of the 150th, Beverly of the 143rd and others:
A BILL to be entitled an Act to amend Code Section 26-4-80 of the Official Code of Georgia Annotated, relating to dispensing prescription drugs, so as
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to authorize certain refills of topical ophthalmic products under certain conditions; 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 26-4-80 of the Official Code of Georgia Annotated, relating to dispensing prescription drugs, so as to authorize certain refills of topical ophthalmic products under certain conditions; 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 26-4-80 of the Official Code of Georgia Annotated, relating to dispensing prescription drugs, is amended by revising subsection (f) as follows:
"(f)(1) When filling a prescription or refilling a prescription which may be refilled, the pharmacist shall exercise professional judgment in the matter. No prescription shall be filled or refilled with greater frequency than the approximate interval of time that the dosage regimen ordered by the prescriber practitioner would indicate, unless extenuating circumstances are documented which would justify a shorter interval of time before the filling or refilling of the prescription. (2) Notwithstanding paragraph (1) of this subsection, in order to prevent unintended interruptions in drug therapy for topical ophthalmic products:
(A) A pharmacist shall be authorized, without obtaining subsequent authorization from the practitioner or obtaining a new prescription from the practitioner, to permit refills at 70 percent of the predicted days of use; and (B) A practitioner shall be permitted to authorize refills earlier than 70 percent of the predicted days of use. This paragraph shall apply to refills purchased through retail pharmacies and mail order sources."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
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Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton E Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cantrell Y Carson Y Carter Y Casas E Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration E Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett E Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin E Martin Y Maxwell E Mayo E McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish
Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C E Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M N Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D E Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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, by substitute, the ayes were 160, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 86. By Representatives Benton of the 31st, Dempsey of the 13th, England of the 116th and Frye of the 118th:
A BILL to be entitled an Act to amend Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, so as to provide for the transfer of the Division of Aging Services to the Georgia Adult and Aging Services Agency; to provide for definitions; to provide for the Georgia Adult and Aging Services Board; to provide for membership, powers, and duties; to provide for an executive director; to provide for
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transfer of rights, duties, and obligations; to amend various provisions of the Official Code of Georgia Annotated so as to make conforming changes; to provide for legislative findings; 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 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, so as to provide for the transfer of the Division of Aging Services to the Georgia Adult and Aging Services Agency; to provide for definitions; to provide for the Georgia Adult and Aging Services Board; to provide for membership, powers, and duties; to provide for an executive director; to provide for transfer of rights, duties, and obligations; to amend various provisions of the Official Code of Georgia Annotated so as to make conforming changes; to provide for legislative findings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds that:
(1) Georgia has the eleventh fastest growing population in the United States of individuals 60 years of age and older; (2) Georgia has the tenth fastest growing population in the United States of individuals 85 years of age and older; and (3) Georgia's population of individuals 60 years of age and older is expected to increase by 65 percent from 2010 to 2030.
SECTION 2. Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, is amended by adding new Code sections to read as follows:
"49-6-1.1. As used in this article, the term:
(1) 'Agency' means the Georgia Adult and Aging Services Agency. (2) 'Board' means the Georgia Adult and Aging Services Board. (3) 'Director' means the executive director of the agency.
49-6-1.2. (a) There is created the Georgia Adult and Aging Services Board. The board shall consist of seven members who work or have worked in the area of adult or aging
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services, who are recipients of adult or aging services, or who are eligible to receive services provided by the agency; provided, however, that two members shall be individuals who are 60 years of age or older. (b) The members of the board shall be appointed as follows: three members shall be appointed by the Governor, two members shall be appointed by the Speaker of the House of Representatives, and two members shall be appointed by the Lieutenant Governor. The first members shall be appointed to take office on July 1, 2015, for initial terms as follows: three such members shall be appointed for terms of one year, two such members shall be appointed for terms of two years, and two such members shall be appointed for terms of three years. Thereafter, the successors shall be appointed by the respective appointing authority upon the expiration of the respective terms of office for terms of three years. All such members shall serve until their successors are appointed and qualified. Such members shall be eligible for reappointment to successive terms of office as members of the board. (c) Vacancies in office shall be filled by appointment by the respective appointing authority in the same manner as the appointment to the position on the board. An appointment to fill a vacancy other than by expiration of a term of office shall be for the balance of the unexpired term. If a vacancy remains unfilled for six months, the board shall be authorized to fill the vacancy in accordance with the process described in this Code section. (d) Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided for in Code Section 43-1-17. (e) There shall be a chairperson of the board elected by and from the membership of the board who shall be the presiding officer of the board. The term of the chairperson shall be established by rules of the board. (f) A quorum for transacting business shall be determined by the members of the board. (g) The members of the board shall receive a per diem allowance and expenses as shall be set and approved by the Office of Planning and Budget in conformance with rates and allowances set for members of other state boards. (h) The board shall approve policies to be implemented by the agency.
49-6-1.3. The board shall appoint a director. The director shall serve at the pleasure of the board. The director shall have experience with adult or aging services provided by the agency with particular, demonstrated experience with home and community based services.
49-6-1.4. (a) The Georgia Adult and Aging Services Agency is created and established to perform the functions and assume the duties, powers, and authority exercised by the former Division of Aging Services within the Department of Human Services on June 30, 2015. On July 1, 2015, the powers, functions, duties, programs, institutions, and
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authority of the agency relating to the former Division of Aging Services within the Department of Human Services shall be transferred to the agency pursuant to this article. (b) The agency shall be assigned to the Department of Community Health for administrative purposes only, as prescribed in Code Section 50-4-3 except that the agency shall not be subject to paragraph (2) of subsection (a) and paragraph (4) of subsection (b) of such Code section providing for budget submission through the department. The agency shall submit its budget separately and directly to the Governor and the General Assembly."
SECTION 3. Said chapter is further amended by revising Code Section 49-6-5, relating to the creation of the Division of Aging Services within the department, as follows:
"49-6-5. (a) The agency shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Services which are in effect on June 30, 2015, and which relate to the functions of the former Division of Aging Services. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by proper authority or as otherwise provided by law. (b) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2015, by the Department of Human Services or the Division of Aging Services pertaining to the Division of Aging Services shall continue to exist, and none of such rights, privileges, entitlements, and duties is impaired or diminished by reason of the transfer of the functions to the agency provided for in this article. In all such instances, the agency shall be substituted for the Department of Human Services or the Division of Aging Services, and the agency shall succeed to the rights, privileges, entitlements, and duties under such contracts, leases, agreements, and other transactions. (c) All persons employed by the Division of Aging Services who, on June 30, 2015, are engaged in the performance of a function or duty which is transferred to the agency as of July 1, 2015, by this article shall be automatically transferred to the agency on July 1, 2015. An equivalent number of positions or funds of the Department of Human Services which provide administrative support to the Division of Aging Services shall be transferred to the agency on July 1, 2015. Such persons shall be subject to the employment practices and policies of the agency on and after July 1, 2015, but the compensation and benefits of such transferred employees shall not be reduced. Employees who are subject to the rules of the State Personnel Board and who are transferred to the agency shall retain all existing rights under such rules. Accrued annual and sick leave shall be retained by such employees as employees of the agency. (d) On July 1, 2015, the agency shall receive custody of any state owned property in the custody of the Department of Human Services on June 30, 2015, which pertains to the functions transferred from the Division of Aging Services to the agency.
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The Division of Aging Services, administratively established previously within the department, is statutorily established. The Division of Aging Services established by this Code section shall have those functions, duties, powers, and responsibilities heretofore assigned by the board and the commissioner and as hereafter so assigned or as provided by law."
SECTION 4. Said chapter is further amended by revising Code Section 49-6-61, relating to definitions regarding community care and services for the elderly, as follows:
"49-6-61. As used in this article, the term:
(1) 'Aging section' means the single organizational unit within the Department of Human Services responsible for the planning and administration of services under the Older Americans Act of 1965. 'Agency' means the Georgia Adult and Aging Services Agency. (2) 'Department' means the Department of Human Services. (3)(2) 'Functionally impaired elderly person' means any person 60 years of age or older with physical or mental limitations that restrict individual ability to perform the normal activities of daily living and which impede individual capacity to live independently. (4)(3) The 'Georgia Medical Assistance Act of 1977' means Article 7 of Chapter 4 of this title. (5)(4) 'Lead agency' means one or more agencies designated by the Department of Human Services Georgia Adult and Aging Services Agency to assess services needed by functionally impaired elderly persons, to coordinate and provide community care services to those persons, provide case management, and, where necessary, subcontract with providers of service. A lead agency shall be either a private nonprofit entity or any public entity, including but not limited to any organizational unit of the department Georgia Adult and Aging Services Agency. (6)(5) 'Older Americans Act of 1965' means P.L. 92-258, as amended, on July 1, 1982."
SECTION 5. Said chapter is further amended by revising paragraph (4) of Code Section 49-6-72, relating to definitions regarding the "Georgia Family Caregiver Support Act," as follows:
"(4) 'Department' means the Department of Human Services. Reserved."
SECTION 6. Said chapter is further amended by striking "department" wherever such term occurs in the following Code sections and inserting in its place "agency":
(1) Code Section 31-8-50, relating to long-term care ombudsman program declaration of policy; (1.1) Code Section 31-8-63, relating to state ombudsman rules and regulations;
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(2) Code Section 49-6-2, relating to the designated agency for federal programs; (3) Code Section 49-6-3, relating to the powers of the department; (4) Code Section 49-6-4, relating to acceptance of federal and other grants; (5) Code Section 49-6-6, relating to annual report; (6) Code Section 49-6-21, relating to duties and powers of council; (7) Code Section 49-6-22, relating to staff and facilities; (8) Code Section 49-6-40, relating to the creation of the Silver-Haired Legislature; (9) Code Section 49-6-62, relating to the establishment of community care unit; (10) Code Section 49-6-63, relating to the establishment of community care service system; (11) Code Section 49-6-64, relating to adoption of rules and regulations; (12) Code Section 49-6-73, relating to eligibility for benefits; (13) Code Section 49-6-74, relating to provision of services; and (14) Code Section 49-6-77, relating to rules and regulations.
SECTION 7. Code Section 49-1-7 of the Official Code of Georgia Annotated, relating to home delivered meals, transportation, services for the elderly, and preschool children with special needs trust, is amended by adding a new subsection to read as follows:
"(a.1) As used in this Code section, the term 'department' means the Georgia Adult and Aging Services Agency."
SECTION 8. The following Code sections of the Official Code of Georgia Annotated are amended by striking "Division of Aging Services", "Division of Aging Services within the Department of Human Services", "Division of Aging Services of the department", "Division of Aging Services of the Department of Human Services", "Department of Human Resources (now known as the Department of Human Services)", or "department through the Division of Aging Services" wherever such terms occur and inserting in their place "Georgia Adult and Aging Services Agency":
(1) Code Section 10-1-855, relating to referral procedures to provide intervention and assistance with respect to unfair or deceptive practices toward the elderly; (2) Code Section 29-10-3, relating to qualifications and requirements of public guardians; (3) Code Section 29-10-4, relating to registration of public guardians; (4) Code Section 29-10-10, relating to compensation of public guardians; (5) Code Section 29-10-11, relating to appropriation of funds for compensation of public guardians in certain circumstances; (6) Code Section 30-5-3, relating to definitions relative to the "Disabled Adults and Elder Persons Protection Act"; (7) Code Section 31-8-302, relating to the composition of the Georgia Alzheimer's and Related Dementias State Plan Task Force; (8) Code Section 31-8-303, relating to meetings of the task force;
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(9) Code Section 37-1-27, relating to legislative findings of the Suicide Prevention Program; (10) Code Section 49-1-7, relating to home delivered meals, transportation, services for the elderly, and preschool children with special needs trust; (11) Code Section 49-4-162, relating to the establishment of the Georgia Qualified Long-term Care Partnership Program; (12) Code Section 49-6-20, relating to the creation of the Council on Aging; (13) Code Section 49-6-60, relating to legislative intent regarding community care and services for the elderly; (14) Code Section 49-6-71, relating to purpose of the "Georgia Family Caregiver Support Act"; (15) Code Section 49-6-72, relating to definitions; and (16) Code Section 50-8-50, relating to the creation of the Commission on Regional Planning.
SECTION 9. Article 3 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to long-term care ombudsman program, is amended by revising Code Section 31-8-51, relating to definitions, as follows:
"31-8-51. As used in this article, the term:
(1) 'Community ombudsman' means a person certified as a community ombudsman pursuant to Code Section 31-8-52 'Agency' means Georgia Adult and Aging Services Agency. (1.1) 'Department' means the Department of Human Services 'Community ombudsman' means a person certified as a community ombudsman pursuant to Code Section 31-8-52. (2) 'Long-term care facility' means any skilled nursing home, intermediate care home, private home care provider, assisted living community, or personal care home now or hereafter subject to regulation and licensure by the Department of Community Health. (3) 'Resident' means any person who is receiving treatment or care in any long-term care facility who seeks admission to such facility or who has been discharged or transferred from such facility. (4) 'State ombudsman' means the state ombudsman established under Code Section 31-8-52."
SECTION 10. Said article is further amended by revising Code Section 31-8-52, relating to establishment of long-term care ombudsman program, as follows:
"31-8-52.
Pursuant to the Older Americans Act of 1965 (P.L. 89-73, 79 Stat. 219), as amended, and as a condition of receiving funds under that act for various programs for older
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citizens of this state, the Department of Human Services agency has been required to establish and operate a long-term care ombudsman program. In order to receive such funds, the department agency has already established a position of state ombudsman within the state Office of Special Programs. The state ombudsman shall be under the direct supervision of the commissioner of human services director of the agency or his or her designee and shall be given the powers and duties hereafter provided by this article. The state ombudsman shall be a person qualified by training and experience in the field of aging or long-term care, or both. The state ombudsman shall promote the well-being and quality of life of residents in long-term care facilities and encourage the development of community ombudsman activities at the local level. The state ombudsman may certify community ombudsmen, and such certified ombudsmen shall have the powers and duties set forth in Code Sections 31-8-54 and 31-8-55. The state ombudsman shall require such community ombudsmen to receive appropriate training as determined and approved by the department agency prior to certification. Such training shall include an internship of at least seven working days in a nursing home and at least three working days in a personal care home. Upon certification, the state ombudsman shall issue an identification card which shall be presented upon request by community ombudsmen whenever needed to carry out the purposes of this article. Two years after first being certified and every two years thereafter, each such community ombudsman, in order to carry out his or her duties under this article, shall be recertified by the state ombudsman as continuing to meet the department's agency's standards as community ombudsman."
SECTION 11. Said article is further amended by revising Code Section 31-8-53, relating to the duties of state ombudsman, as follows:
"31-8-53. The state ombudsman shall:
(1) Establish policies and procedures, subject to approval by the commissioner of human services director of the agency, for receiving, investigating, referring, and attempting to resolve complaints made by or on behalf of residents of long-term care facilities concerning any act, omission to act, practice, policy, or procedure that may adversely affect the health, safety, or welfare of any resident; (2) Investigate and make reports and recommendations to the department agency and other appropriate agencies concerning any act or failure to act by any government agency with respect to its responsibilities and duties in connection with long-term care or residents of long-term care facilities; (3) Establish a uniform state-wide reporting system to record data about complaints and conditions in long-term care facilities and shall collect and analyze such data in order to identify significant problems affecting the residents of such facilities; (4) Promote the development of community ombudsmen activities and provide technical assistance as necessary; and
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(5) Make an annual written report, documenting the types of complaints and problems reported by residents, to the director of the Office of Special Programs for his or her recommendations to the commissioner director of the agency concerning needed policy and regulatory and legislative changes."
SECTION 12.
Said article is further amended by revising Code Section 31-8-59, relating to notice to residents, as follows:
"31-8-59. The state ombudsman shall prepare and distribute to each long-term care facility in the state a written notice describing the long-term care ombudsman program and the procedure to follow in making a complaint, including the address and telephone number of the state ombudsman and community ombudsman, if any. The administrator shall give the written notice required by this Code section to each resident and his legally appointed guardian, if any, upon admission. The administrator shall also post such written notice in conspicuous public places in the facility in accordance with procedures provided by the state ombudsman and shall give such notice to any resident and his legally appointed guardian, if any, who did not receive it upon admission. The failure to provide the notices required by this Code section shall be a ground upon which the department Department of Community Health may revoke any permit issued to a longterm care facility under Code Section 31-7-1."
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.
The report of the Committee, which was favorable to the passage of the Bill, 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 Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar
Y Harbin Y Harden N Harrell Y Hatchett E Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish
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
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Y Belton E Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cantrell Y Carson Y Carter Y Casas E Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration E Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Houston Y Howard Y Hugley E Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin E Martin Y Maxwell E Mayo E McCall Y McClain
Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C E Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D E Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 62. By Representatives Tanner of the 9th, Dickson of the 6th, Dudgeon of the 25th, Evans of the 42nd, Epps of the 144th and others:
A BILL to be entitled an Act to amend Code Section 20-2-2114 of the Official Code of Georgia Annotated, relating to qualifications for the scholarship program for special needs students, so as to waive certain qualifications for students whose parent is an active duty military service member stationed in Georgia within the previous year; 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 Corbett
Y Harbin Y Harden Y Harrell
Y Meadows Y Mitchell Y Morris
Y Smith, E Y Smith, L Y Smith, M
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Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton E Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cantrell Y Carson Y Carter Y Casas E Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
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 Ealum Y Efstration E Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Hatchett E Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin E Martin Y Maxwell E Mayo E McCall Y McClain
Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C E Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D E Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 308. By Representatives Smith of the 70th, Wilkinson of the 52nd, Stover of the 71st, Ramsey of the 72nd, Trammell of the 132nd and others:
A RESOLUTION commending Steve Holman for being honored 2014 Georgia Sportscaster of the Year and inviting him to be recognized by the House of Representatives; and for other purposes.
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HR 309. By Representative Powell of the 171st:
A RESOLUTION commending Maggie Bridges on her continued dedication to the State of Georgia, congratulating her for being crowned Miss Georgia 2014, and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 310. By Representatives O`Neal of the 146th, Smyre of the 135th, Abrams of the 89th, Jones of the 47th, Hatchett of the 150th and others:
A RESOLUTION commending Mack Chandler and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 311. By Representatives Watson of the 172nd, England of the 116th, McCall of the 33rd, Roberts of the 155th, Corbett of the 174th and others:
A RESOLUTION recognizing February 24th, 2015, as Future Farmers of America Day at the state capitol and inviting the Future Farmers of America (FFA) to be recognized by the House of Representatives; and for other purposes.
HR 312. By Representatives Rogers of the 29th, Hawkins of the 27th, Barr of the 103rd and Dunahoo of the 30th:
A RESOLUTION recognizing and commending Judge Cliff L. Jolliff on the grand occasion of his retirement; congratulating him for being appointed a Senior Juvenile Court Judge; and inviting him to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations:
HR 217 HR 283 HR 285 HR 287 HR 289 HR 291
Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass
HR 282 HR 284 HR 286 HR 288 HR 290 HR 292
Do Pass Do Pass 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:
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HR 217. By Representatives Gardner of the 57th, Abrams of the 89th, Jones of the 53rd, Hugley of the 136th, Smyre of the 135th and others:
A RESOLUTION commending Mary Long and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 282. By Representatives Taylor of the 173rd, Powell of the 32nd, Atwood of the 179th, Dempsey of the 13th, Smith of the 70th and others:
A RESOLUTION recognizing and commending the Georgia Bureau of Investigation (GBI) Internet Crimes Against Children Task Force (ICAC) and the Human Trafficking component of that task force and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 283. By Representatives Reeves of the 34th, Duncan of the 26th, Brockway of the 102nd, Cantrell of the 22nd, Mabra of the 63rd and others:
A RESOLUTION commending Georgia Tech Football Head Coach Paul Johnson on being named 2014 Atlantic Coast Conference Coach of the Year and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 284. By Representative Ralston of the 7th:
A RESOLUTION commending the Fannin County High School Family and Consumer Science Class on the publication of their magazine, Fannin County, A Home for All Seasons, and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 285. By Representatives Smith of the 134th, Jasperse of the 11th, England of the 116th, Harden of the 148th, Coleman of the 97th and others:
A RESOLUTION commending the 4-H Clubs of Georgia, recognizing February 23, 2015, as 4-H Day at the capitol, and inviting Mr. Ben Hancock, Mr. Arch D. Smith, and the 2014-2015 4-H Leadership Team to be recognized by the House of Representatives; and for other purposes.
HR 286. By Representatives Alexander of the 66th, Maxwell of the 17th and Gravley of the 67th:
A RESOLUTION honoring the life and service of Sam Driskell, Paulding Sheriff's Corporal, and inviting Howard Driskell, Theresa Britton, Allan
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541
Driskell, Susan Ramey, and Sheriff Gary Gulledge to be recognized by the House of Representatives; and for other purposes.
HR 287. By Representatives O`Neal of the 146th, Abrams of the 89th, Marin of the 96th, Ramsey of the 72nd, Hatchett of the 150th and others:
A RESOLUTION recognizing and commending Mr. Jim Tudor on the grand occasion of his retirement and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 288. By Representatives Atwood of the 179th, Wilkinson of the 52nd, Jones of the 167th, Spencer of the 180th and Parrish of the 158th:
A RESOLUTION commending the College of Coastal Georgia, recognizing March 3, 2015, as College of Coastal Georgia Day at the Capitol, and inviting its faculty, staff, and students to be recognized by the House of Representatives; and for other purposes.
HR 289. By Representatives Smith of the 70th, Williams of the 119th, Bentley of the 139th, Clark of the 147th, Dickey of the 140th and others:
A RESOLUTION recognizing and commending the Flint District on being named the Georgia Forestry Commission 2014 District of the Year and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 290. By Representatives Sims of the 123rd, Frazier of the 126th, Parrish of the 158th, Howard of the 124th and Harbin of the 122nd:
A RESOLUTION recognizing February 17, 2015, as Medical College of Georgia Day at the state capitol and inviting Dr. Peter F. Buckley to be recognized by the House of Representatives; and for other purposes.
HR 291. By Representatives Smith of the 70th, Williams of the 119th, LaRiccia of the 169th, Roberts of the 155th, Shaw of the 176th and others:
A RESOLUTION recognizing and commending the Coffee-Atkinson Forestry Unit upon being named the Georgia Forestry Commission 2014 Southern Unit of the Year and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 292. By Representatives Mabra of the 63rd, Gasaway of the 28th, Williams of the 87th, Duncan of the 26th, Cantrell of the 22nd and others:
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A RESOLUTION recognizing and commending Joseph Fitzgerald Hamilton and inviting him to be recognized by he House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 313. By Representatives Coleman of the 97th, Dudgeon of the 25th, Clark of the 101st, Maxwell of the 17th, Rogers of the 29th and others:
A RESOLUTION recognizing February 17, 2015, as Georgia Association of Educators (GAE) Day at the capitol; and for other purposes.
HR 314. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION commending Hope Meredith, Jefferson High School's 2015 STAR Teacher; and for other purposes.
HR 315. By Representatives Coleman of the 97th, Casas of the 107th, Clark of the 101st, Rogers of the 29th, Jones of the 47th and others:
A RESOLUTION commending the Professional Association of Georgia Educators (PAGE) and Georgia Association of Educational Leaders (GAEL) and recognizing February 17, 2015, as PAGE and GAEL Day at the state capitol; and for other purposes.
HR 316. By Representative Coleman of the 97th:
A RESOLUTION recognizing and commending Gregory Alan Pelland; and for other purposes.
HR 317. By Representative Coleman of the 97th:
A RESOLUTION recognizing and commending Robert Anthony Pelland; and for other purposes.
HR 318. By Representative Carson of the 46th:
A RESOLUTION recognizing February 10, 2015, as Georgia SpeechLanguage-Hearing Association Day at the state capitol; and for other purposes.
HR 319. By Representatives Carson of the 46th, Parsons of the 44th, Pruett of the 149th and Dollar of the 45th:
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A RESOLUTION honoring the lives and memory of Elrey "Bud" and June Runion; and for other purposes.
HR 320. By Representative Williamson of the 115th:
A RESOLUTION recognizing and commending Nathaniel Curtis Aschwege; and for other purposes.
HR 321. By Representative Greene of the 151st:
A RESOLUTION commending and recognizing Reverend Alfred Starling for his years of ministry to the State of Georgia; and for other purposes.
HR 322. By Representative Watson of the 172nd:
A RESOLUTION honoring the life and memory of M.C. Richardson on the occasion of the 100th anniversary of his birth; and for other purposes.
HR 323. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION commending Steven Bowles, Jackson County Comprehensive High School's 2015 STAR Teacher; and for other purposes.
HR 324. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION commending Ryan Robinett, East Jackson Comprehensive High School's 2015 STAR Student; and for other purposes.
HR 325. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION commending Bruce Logue, Jefferson High School's 2015 STAR Student; and for other purposes.
HR 326. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION commending Tristan Gaskins, Jackson County Comprehensive High School's 2015 STAR Student; and for other purposes.
HR 327. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION commending the Tumbling Waters Society and congratulating it on the occasion of the 25th anniversary of Art in the Park Festival; and for other purposes.
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HR 328. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION commending Helena Kesler, Commerce High School's 2015 STAR Student; and for other purposes.
HR 329. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION commending Matthew Dahlke, Commerce High School's 2015 STAR Teacher; and for other purposes.
HR 330. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION recognizing and commending the rich cultural history of the Cross Roads School; and for other purposes.
HR 331. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION commending Tammy Barnett, East Jackson Comprehensive High School's 2015 STAR Teacher; and for other purposes.
HR 332. By Representatives Hamilton of the 24th, Dudgeon of the 25th, Duncan of the 26th, Tanner of the 9th and Cantrell of the 22nd:
A RESOLUTION recognizing and commending Doug Sorrells on the grand occasion of his retirement; and for other purposes.
HR 333. By Representative Belton of the 112th:
A RESOLUTION honoring the life and memory of William Cocchi; and for other purposes.
HR 334. By Representatives Belton of the 112th and Williamson of the 115th:
A RESOLUTION honoring the life and memory of Arthur Clifford "Bob" Guhl; and for other purposes.
HR 335. By Representatives Evans of the 42nd, Golick of the 40th, Smith of the 41st and Wilkerson of the 38th:
A RESOLUTION honoring the life and memory of Deputy Chief Michael Brown; and for other purposes.
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545
HR 336. By Representatives Welch of the 110th, Gardner of the 57th, Houston of the 170th, Dempsey of the 13th, Efstration of the 104th and others:
A RESOLUTION recognizing February 12, 2015, as Domestic Minor Sex Trafficking Awareness Day at the state capitol; and for other purposes.
Representative Weldon of the 3rd moved that the following Bill of the House be withdrawn from the Committee on Judiciary and recommitted to the Committee on Regulated Industries:
HB 153. By Representatives Weldon of the 3rd, Willard of the 51st, Reeves of the 34th, Kelley of the 16th, Oliver of the 82nd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, so as to provide for a civil action for damages; to provide for related matters; to repeal conflicting laws; and for other purposes.
The motion prevailed.
Representative Hightower of the 68th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
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Representative Hall, Atlanta, Georgia
Thursday, February 12, 2015
Fifteenth 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 Belton Bentley Benton Beskin Beverly Broadrick Brockway Brooks Bryant Buckner Burns Caldwell, J Caldwell, M E Cantrell Carson Carter Casas Chandler Cheokas Clark, D Clark, H Clark, V Coleman Cooke Coomer
Cooper Corbett E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Douglas E Drenner Dudgeon Dukes Duncan Ealum Efstration E Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway Geisinger Glanton Golick Gordon Gravley Greene Hamilton Harbin Harden
Harrell Hatchett E Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson E Jacobs E Jasperse Jones, J Jones, J.B. Jones, L Jones, S Kaiser Kelley Kidd Kirby Knight LaRiccia Lumsden Mabra Marin Martin Maxwell Mayo E McCall McClain Meadows Mitchell
Morris Mosby Nimmer Nix O'Neal E Pak Parrish E Parsons Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick Raffensperger E Rakestraw Ramsey Randall Reeves Rhodes Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Sharper Shaw Sims Smith, E Smith, L
Smith, R Smyre Spencer Stephens, M Stephens, R E Stephenson Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner Waites Watson Welch Weldon Werkheiser Wilkerson Wilkinson E 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, Bennett of the 94th, Bruce of the 61st, Dollar of the 45th, Dunahoo of the 30th, Jordan of the 77th, Kendrick of the 93rd, Oliver of the 82nd, and Setzler of the 35th.
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They wished to be recorded as present.
Prayer was offered by Reverend John Fender, Senior Pastor, First Presbyterian Church of Pooler, Pooler, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 2.
By Representatives Geisinger of the 48th, Randall of the 142nd, Stephens of the 164th, Willard of the 51st, Kaiser of the 59th 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 establishment of the Georgia Racing Commission; to establish and provide for the Georgia Breeders Funds; to enter into the Interstate Compact on Licensure of Participants in Live Racing with Pari-mutuel Wagering; to provide for the appointment of members of the compact committee; to prohibit certain conduct and provide
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for penalties; to provide for related matters; to provide for a contingent effective date and repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 305. By Representative Jackson of the 128th:
A BILL to be entitled an Act to create the Sandersville School Building Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, and powers; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for the transfer of property; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 306. By Representatives Petrea of the 166th, Stephens of the 164th, Shaw of the 176th, Carter of the 175th, Hitchens of the 161st 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 provide for the conversion of life insurance policies for funding for long-term care services to delay medical assistance; to provide that the proceeds of the conversion through a life settlement contract be used only for long-term care services; to provide requirements for owners of life insurance policies and for providers; to provide for education for applicants and recipients of medical assistance; to provide for rules and regulations; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 307. By Representative Jackson of the 128th:
A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Sandersville, approved March 28, 1990 (Ga. L. 1990, p. 4823), as amended, particularly by an Act approved April 29, 2014 (Ga. L. 2014, p. 4290), so as to change the provisions regarding election of members of the city council; to provide for related matters; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Intragovernmental Coordination - Local.
HB 308. By Representatives Stephens of the 164th, Peake of the 141st and Harbin of the 122nd:
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, computation, rate, and exemptions from state income taxes, so as to revise the tax credit for the rehabilitation of historic structures; to provide for procedures, conditions, and limitations; to provide for a sunset date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 309. By Representative Hitchens of the 161st:
A BILL to be entitled an Act to amend Code Section 40-6-164 of the Official Code of Georgia Annotated, relating to duty of a school bus driver stopping to allow children to disembark, so as to make it unlawful for a child under 12 years of age to cross a roadway unassisted by an adult after disembarking from a school bus; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 310. By Representatives Powell of the 32nd, Coomer of the 14th, Nimmer of the 178th, Rogers of the 10th, Dickey of the 140th and others:
A BILL to be entitled an Act to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions; to amend Titles 15, 16, 17, 19, 20, 21, 34, 35, 37, 40, 42, 43, 45, 48, and 49 of the O.C.G.A., relating to courts, crimes and offenses, criminal procedure, domestic relations, education, elections, labor and industrial relations, law enforcement officers and agencies, mental health, motor vehicles and traffic, penal institutions, professions and businesses, public officers and employees, revenue and taxation, and social services, respectively, so as to conform provisions to the new Chapter 3 of Title 42; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
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HB 311. By Representatives Spencer of the 180th, Yates of the 73rd, Kidd of the 145th, Williams of the 168th, Taylor of the 79th and others:
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 for free access to state parks, historic sites, memorials, and recreational areas for certain military veterans; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 312. By Representatives Tankersley of the 160th, Houston of the 170th and Clark of the 101st:
A BILL to be entitled an Act to amend Code Section 48-11-4 of the Official Code of Georgia Annotated, relating to the 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, so as to remove certain bonding requirements pertaining to manufacturers and importers of tobacco products; 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 313. By Representatives Dickey of the 140th, Nimmer of the 178th and Coomer of the 14th:
A BILL to be entitled an Act to amend Article 2 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to leaves of absence for certain public employees, so as to authorize the application for limited paid leave for the purpose of promoting education in this state; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 314. By Representatives Tankersley of the 160th and Rynders of the 152nd:
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 combine the State Board of Barbers and State Board of Cosmetology; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Regulated Industries.
HB 315. By Representatives Nimmer of the 178th, Coomer of the 14th and Dickey of the 140th:
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 change the name of the Technical College System of Georgia to the Georgia Career College System; to change the name of the State Board of the Technical College System of Georgia to the State Board of the Georgia Career College System; to amend various provisions of the Official Code of Georgia Annotated to reflect such name change; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 316. By Representatives Reeves of the 34th, Meadows of the 5th and Smith of the 134th:
A BILL to be entitled an Act to amend Code Section 14-7-4 of the Official Code of Georgia Annotated, relating to professional services provided by professional corporations, so as to provide that the practice of medicine and surgery and optometry shall be considered the practice of only one profession for purposes of professional corporations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 317. By Representative Fludd of the 64th:
A BILL to be entitled an Act to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle ad valorem taxation, so as to provide for a partial ad valorem tax exemption on certain motor vehicles owned or leased by certain disabled veterans; to provide that the percentage of such exemption shall be the same as the percentage of disability; to provide for procedures, conditions, and limitations; to provide for a referendum; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
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HB 318. By Representatives Stover of the 71st, Pezold of the 133rd, Allison of the 8th, Caldwell of the 20th, Kirby of the 114th and others:
A BILL to be entitled an Act to amend Titles 36 and 50 of the Official Code of Georgia Annotated, relating to local government and state government, respectively, so as to provide that membership in regional commissions is optional for counties and municipalities; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 319. By Representatives Nimmer of the 178th, Dickey of the 140th and Coomer of the 14th:
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.
Referred to the Committee on Ways & Means.
HB 320. By Representatives Williams of the 119th, Ramsey of the 72nd, Carter of the 175th, Hatchett of the 150th, Peake of the 141st 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 provide that public disclosure of certain records held by the Georgia Student Finance Commission, the Georgia Higher Education Assistance Corporation, and the Georgia Student Finance Authority is not required; to provide, without judicial action, for the garnishment of pay, loss of a professional license, offset of lottery winnings, and offset of a state tax refund for amounts owed to the Georgia Student Finance Commission and the Georgia Student Finance Authority; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 321. By Representatives Cooke of the 18th, Allison of the 8th, Hightower of the 68th, Frye of the 118th, Quick of the 117th and others:
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A BILL to be entitled an Act to amend Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records, so as to revise provisions regarding imposition of costs for providing copies of health records; to authorize certain charges for producing records in various forms; to provide limitations on certain charges; to provide for estimated costs; to provide for prepayment of charges; to provide for sanctions for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 322. By Representatives Strickland of the 111th, Ramsey of the 72nd, Mabra of the 63rd, Frye of the 118th, Jones of the 62nd and others:
A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure, so as to provide for the recording of deeds under power within a certain time after a foreclosure sale; to provide for the assessment and collection of a late filing fee; to provide for the remittance of sums collected from such late filing fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 323. 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 Judiciary.
HB 324. By Representatives Hugley of the 136th, Frazier of the 126th, Abrams of the 89th, Bell of the 58th, Randall of the 142nd and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relating to health, so as to 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.
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Referred to the Committee on Health & Human Services.
HB 325. By Representatives Hitchens of the 161st, Tanner of the 9th, Lumsden of the 12th, Wilkinson of the 52nd, Atwood of the 179th 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 the imposition of fines; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 326. By Representatives Jordan of the 77th, Mitchell of the 88th, Scott of the 76th, Brooks of the 55th and Beasley-Teague of the 65th:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the O.C.G.A., relating to wiretapping, eavesdropping, surveillance, and related offenses; to amend Chapter 1 of Title 35 of the O.C.G.A., relating to general provisions relative to law enforcement officers and agencies; to provide for penalties; to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, so as to provide for the release of certain audio and video recordings from devices attached to the persons of peace officers; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 327. By Representatives Jordan of the 77th, Mitchell of the 88th and Scott of the 76th:
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.
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Referred to the Committee on Education.
HB 328. By Representatives Efstration of the 104th, Coomer of the 14th, Nimmer of the 178th, Dickey of the 140th, Golick of the 40th and others:
A BILL to be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10, Code Sections 17-10-7 and 42-9-45, Chapter 1 of Title 43, and Code Section 49-4-15 of the O.C.G.A., relating to the "Fair Business Practices Act of 1975," repeat offenders and the State Board of Pardons and Paroles general rule-making authority, general provisions for professions and businesses, and fraud in obtaining public assistance, food stamps, or Medicaid; 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 329. By Representatives Reeves of the 34th, Carson of the 46th, Evans of the 42nd, Setzler of the 35th, Thomas of the 39th and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved May 6, 2013 (Ga. L. 2013, p. 4234), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 4106), so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 330. By Representatives Sharper of the 177th and Kidd of the 145th:
A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 2 of Title 21 and Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the selection and qualification of candidates and presidential electors and general provisions relative to sheriffs, respectively, so as to provide for the nonpartisan election of sheriffs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 331. By Representatives Sharper of the 177th, Randall of the 142nd, Kidd of the 145th and Waites of the 60th:
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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 require the completion of a training requirement within 120 days of the issuance of a weapons carry license; to provide that sheriffs shall offer handgun education courses; to provide for the design of such handgun education courses by the Department of Public Safety; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 332. By Representatives Sharper of the 177th, Randall of the 142nd and Kidd of the 145th:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to coroners, so as to revise the qualifications for the office of coroner; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 333. By Representatives Sharper of the 177th, Wilkerson of the 38th and Kidd of the 145th:
A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 2 of Title 21 and Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to the selection and qualification of candidates and presidential electors and general provisions relative to coroners, respectively, so as to provide for the nonpartisan election of coroners; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 334. By Representatives Sharper of the 177th, Kidd of the 145th, Bentley of the 139th and Waites of the 60th:
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 relative to quality basic education, so as to provide for an elective course of study in personal finance for students in grades six through eight; to provide for a mandatory course of study in personal finance
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for students in grades nine through 12; to provide for compliance; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 335. By Representative Harbin of the 122nd:
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 for the assessment of property damaged by fire; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 336. By Representatives Kirby of the 114th, Stephens of the 164th, Caldwell of the 20th, Spencer of the 180th, Dudgeon of the 25th and others:
A BILL to be entitled an Act to amend Chapter 5C of Title 48 of the Official Code of Georgia Annotated, relating to alternative ad valorem tax on motor vehicles, so as to allow persons who move to this state and title their motor vehicles to elect between paying title ad valorem taxes on such motor vehicles or paying ordinary annual ad valorem taxes on such motor vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 337. By Representatives Kirby of the 114th, Stephens of the 164th, Caldwell of the 20th, Spencer of the 180th, Pezold of the 133rd and others:
A BILL to amend Chapter 5C of Title 48 of the Official Code of Georgia Annotated, relating to alternative ad valorem tax on motor vehicles, so as to allow persons who purchase motor vehicles at the end of the leases of such motor vehicles to elect between paying title ad valorem taxes on such motor vehicles or paying ordinary annual ad valorem taxes on such motor vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 338. By Representatives Lumsden of the 12th, Hitchens of the 161st, Tanner of the 9th, Caldwell of the 131st, Powell of the 32nd and others:
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A BILL to be entitled an Act to amend Title 15 and Article 1 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to courts and the uniform traffic citation and complaint form, respectively, so as to provide for the collection of a fee to defray the costs associated with using electronic citations; to provide for definitions; to provide for the Electronic Citation Fund; to provide for procedures; to provide for a cause of action under certain circumstances; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 339. By Representatives Burns of the 159th, Stephens of the 164th, Strickland of the 111th, Rice of the 95th, 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 the imposition, rate, and computation of state income taxes, so as to extend the tax credit for film, video, or digital production in this state; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 340. By Representatives Petrea of the 166th, Stephens of the 164th, Hitchens of the 161st, Bryant of the 162nd, and Gordon of the 163rd:
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 change certain provisions relating to such sales on Sunday during the St. Patrick's Day holiday period; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 341. By Representatives Maxwell of the 17th, Taylor of the 79th, Gravley of the 67th and Frye of the 118th:
A BILL to be entitled an Act to amend Code Section 8-2-26.1 of the Official Code of Georgia Annotated, relating to definitions and requirements regarding state building, plumbing, and electrical codes, so as to provide that certain qualified inspectors may be certified by the Building Officials' Association of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on State Properties.
HR 301. By Representatives Williams of the 119th, Quick of the 117th, Frye of the 118th, Atwood of the 179th and Powell of the 32nd:
A RESOLUTION honoring the life and memory of Senior Police Officer Elmer B. "Buddy" Christian III and dedicating a bridge in his honor; and for other purposes.
Referred to the Committee on Transportation.
HR 302. By Representatives Parrish of the 158th, Ralston of the 7th, O`Neal of the 146th, Abrams of the 89th, Jones of the 47th and others:
A RESOLUTION urging the Congress of the United States to enact significant reforms to the nation's federally financed graduate medical education programs and to provide states with additional resources to meet the health workforce needs of the future; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 303. By Representative Buckner of the 137th:
A RESOLUTION urging the State Board of Education to develop and implement comprehensive civics education curricula to improve students' civic knowledge, skills, and attitudes; and for other purposes.
Referred to the Committee on Education.
HR 304. By Representatives Cooper of the 43rd, Beskin of the 54th, England of the 116th, Broadrick of the 4th, Benton of the 31st and others:
A RESOLUTION encouraging Georgia's technical schools, colleges, and universities to expand gerontology and dementia education and training throughout their academic curriculum in order to address the growing economic, social, and healthcare needs created by an aging population; and for other purposes.
Referred to the Committee on Higher Education.
HR 305. By Representatives Kelley of the 16th, Setzler of the 35th, Allison of the 8th, Turner of the 21st, Barr of the 103rd and others:
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A RESOLUTION proposing an amendment to the Constitution so as to limit the rate of growth in the state budget, with such limitation based upon changes in the Consumer Price Index and population growth; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Budget and Fiscal Affairs Oversight.
HR 306. By Representatives Houston of the 170th, Holmes of the 129th and Shaw of the 176th:
A RESOLUTION honoring the life of Mr. James Henning Perry and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 307. By Representatives Sharper of the 177th, Chandler of the 105th, Kidd of the 145th, Bentley of the 139th and Waites of the 60th:
A RESOLUTION encouraging the Board of Regents of the University System of Georgia to require the completion of a personal finance course as a graduation requirement for undergraduate students; and for other purposes.
Referred to the Committee on Higher Education.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 5 HB 285 HB 287 HB 289 HB 291 HB 294 HB 296 HB 298 HB 300 HB 302 HB 304 HR 281 SB 5
HB 284 HB 286 HB 288 HB 290 HB 293 HB 295 HB 297 HB 299 HB 301 HB 303 HR 280 SB 3
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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 100 HB 164 HB 198
Do Pass, by Substitute Do Pass, by Substitute Do Pass
Respectfully submitted, /s/ Coleman of the 97th
Chairman
Representative Rynders of the 152nd District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 73 Do Pass HB 121 Do Pass
HB 95 Do Pass HB 194 Do Pass, by Substitute
Respectfully submitted, /s/ Rynders of the 152nd
Chairman
Representative Tankersley of the 160th 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:
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HB 38 HB 254 HB 258
Do Pass Do Pass Do Pass
HB 251 Do Pass HB 257 Do Pass
Respectfully submitted, /s/ Tankersley of the 160th
Chairman
Representative Allison of the 8th District, Chairman of the Committee on Special Rules, submitted the following report:
Mr. Speaker:
Your Committee on Special Rules has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 70 Do Pass, by Substitute
Respectfully submitted, /s/ Allison of the 8th
Chairman
Representative Sims of the 123rd 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 of the House and has instructed me to report the same back to the House with the following recommendation:
HB 104 Do Pass
Respectfully submitted, /s/ Sims of the 123rd
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR THURSDAY, FEBRUARY 12, 2015
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563
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 52 HB 65
HB 91
Child custody; require parenting plans to be incorporated into final orders; change provisions (JuvJ-Quick-117th) Education; local boards of education and certain charter schools to hold at least two public meetings on the proposed annual operating budget; require (Ed-Caldwell-20th) Education; eliminate Georgia High School Graduation Test; provisions (Substitute)(Ed-Coleman-97th)
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 38. By Representative Taylor of the 173rd:
A BILL to be entitled an Act to authorize the Magistrate Court of Grady County to impose and collect county law library fees as part of the court
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costs in the magistrate court; to provide for practices and procedures connected therewith; 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 251. By Representative Cheokas of the 138th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Americus, approved April 13, 1992 (Ga. L. 1992, p. 5985), as amended, so as to provide for a city manager; to provide for appointment, qualifications, terms, removal, and vacancies; to provide for duties, powers, and responsibilities; to provide for appointment of a city clerk and finance director; to provide for related matters; to provide for applicability; 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 254. By Representatives Corbett of the 174th, Spencer of the 180th, Shaw of the 176th and Nimmer of the 178th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved April 13, 1989 (Ga. L. 1989, p. 4916), an Act approved April 13, 1992 (Ga. L. 1992, p. 6055), and an Act approved April 4, 1997 (Ga. L. 1997, p. 3814), so as to rename the police court as the municipal court and provide new provisions for the operation of that 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 257. By Representatives Taylor of the 173rd and Powell of the 171st:
A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, so as to restate the provisions of said Act; to provide for the election of a chairperson and vice-chairperson of the board by its
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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.
HB 258. By Representatives Taylor of the 173rd and Powell of the 171st:
A BILL to be entitled an Act to abolish the office of treasurer of Decatur County; to provide for the transfer of duties; to repeal an Act to provide compensation for the treasurer of Decatur County, approved August 16, 1915 (Ga. L. 1915, p. 209), 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.
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 E Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cantrell Y Carson
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration E Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs E Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish E Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser
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Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sims
Y Wilkerson Y Wilkinson E Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
Yates Ralston, Speaker
On the passage of the Bills, the ayes were 165, nays 0.
The Bills, having received the requisite constitutional majority, were passed.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 75. By Senator Jones of the 25th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners for Putnam County, approved September 8, 1879 (Ga. L. 1878-79, p. 334), as amended, particularly by an Act approved February 15, 2012 (Ga. L. 2012, p. 3596), so as to provide for staggered terms; to provide for related matters; to repeal conflicting laws; and for other purposes
SB 84. By Senators Watson of the 1st and Jackson of the 2nd:
A BILL to be entitled an Act to provide for an advisory referendum election to be held in the City of Tybee Island for the purpose of determining if the construction of a public swimming pool with municipal funds is desired by the people of said city; 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 75. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th:
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A BILL to be entitled an Act to be entitled an Act to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2014, and ending June 30, 2015, known as the "General Appropriations Act," Act No. 632, approved April 28, 2014 (Ga. L. 2014, Volume One, Appendix, commencing at page 1 of 139), 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 repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 125. By Representative Belton of the 112th:
A BILL to be entitled an Act to provide a homestead exemption from City of Rutledge ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 75. By Senator Jones of the 25th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners for Putnam County, approved September 8, 1879 (Ga. L. 1878-79, p. 334), as amended, particularly by an Act approved February 15, 2012 (Ga. L. 2012, p. 3596), so as to provide for staggered terms; to provide for related matters; to repeal conflicting laws; and for other purposes
Referred to the Committee on Intragovernmental Coordination - Local.
SB 84. By Senators Watson of the 1st and Jackson of the 2nd:
A BILL to be entitled an Act to provide for an advisory referendum election to be held in the City of Tybee Island for the purpose of determining if the
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construction of a public swimming pool with municipal funds is desired by the people of said city; 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 Taylor of the 79th, Rogers of the 10th et al., Peake of the 141st et al., Benton of the 31st, Kirby of the 114th, Williamson of the 115th, Howard of the 124th, Brockway of the 102nd et al., Bennett of the 94th, Welch of the 110th et al., Sharper of the 177th, Stovall of the 74th, and Carter of the 175th et al.
Pursuant to HR 73, the House commended Amanda Miliner, a former Miss Georgia, for her accomplishment of winning the 2015 Georgia Teacher of the Year award and invited her to be recognized by the House of Representatives.
Pursuant to HR 282, the recognized and commended the Georgia Bureau of Investigation (GBI) Internet Crimes Against Children Task Force (ICAC) and the Human Trafficking component of that task force and invited them to be recognized by the House of Representatives.
Pursuant to HR 72, the House commended Jada R. Gresham, a 12 year-old seventh grade honor student at Upson-Lee Middle School, and invited her 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 91. By Representatives Coleman of the 97th, Dickson of the 6th, Clark of the 101st, Maxwell of the 17th, England of the 116th 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 the elementary and secondary education, so as to eliminate the Georgia High School Graduation Test as a requirement for purposes of graduation; to provide procedures for former students who did not pass one or more portions of the Georgia High School Graduation Test to petition to obtain a high school diploma; to provide for notice of such petition option; to provide for changes for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
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The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the elementary and secondary education, so as to eliminate the Georgia High School Graduation Test as a requirement for purposes of graduation; to provide procedures for former students who did not pass one or more portions of the Georgia High School Graduation Test to petition to obtain a high school diploma; to provide for notice of such petition option; to provide for changes for purposes of conformity; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the elementary and secondary education, is amended in Code Section 20-2-84, relating to accountability, flexibility, and consequences components of contracts, by revising subsection (a) as follows:
"(a) The accountability component of the contract provided in Code Section 20-2-83 shall include at least one of the student achievement measures in paragraphs (1) through (4) of this subsection, including both total scores and any needed targeted subgroups:
(1) High school graduation rates; (2) SAT or ACT performance; (3) State standardized test data, which may include criterion-referenced competency tests, the Georgia High School Graduation Test, end-of-grade assessments, end-ofcourse assessments, or a combination thereof; (4) Advanced placement or international baccalaureate participation and performance; and (5) Any other accountability measures included pursuant to Part 3 of Article 2 of Chapter 14 of this title."
SECTION 2. Said chapter is further amended by revising Code Section 20-2-132, relating to the primary goals of the "Quality Basic Education Act," as follows:
"20-2-132. It is the intent of the General Assembly that the primary goals of this article shall be as follows:
(1) A substantial reduction in the number of teachers who leave the teaching profession for reasons of job dissatisfaction;
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(2) A decrease in the percentage and number of students who enter school but drop out prior to graduation; (3) The elimination of emergency teaching certificates and waivers for teaching outside of specialty; (4) A decrease in the percentage of students who fail the Georgia High School Graduation Test to attain passing scores on end-of-course assessments; (5) A significant increase in the test scores of Georgia students who take the Scholastic Assessment Test (SAT) or the ACT Assessment (ACT); (6) An increase in the number of students mastering each skill in reading, mathematics, and other subject areas; (7) An accountability system for education programs that measures efficiency and effectiveness and ensures that programs produce improvement in student achievement scores for all students; (8) A comprehensive program and financial information system that provides data that allow for the accurate evaluation of program effectiveness; (9) A seamless education system that allows students to be served in the most effective and efficient way possible; (10) The elimination of school violence; (11) A decrease in the percentage of students who perform below grade level; (12) An increase in parental and community involvement in schools; (13) Better coordination between education agencies and other organizations providing instructional and related services to students; (14) A more competent school work force through the effective use of evaluation tools, training, and school improvement teams that promote best practices; and (15) More flexibility for high-performing schools so that services can be better adapted to student needs."
SECTION 3. Said chapter is further amended in Code Section 20-2-171, relating to minimum direct classroom expenditures, by revising paragraph (3) of subsection (b) as follows:
"(3) A local school system that has direct classroom expenditures that are less than 65 percent of its total operating expenditures and that is unable to meet the expenditure requirements in paragraph (2) of this subsection may apply to the State Board of Education for a one-year renewable achievement waiver. The waiver request must include evidence that the local school system is exceeding the state averages in academic categories designated by the board, which may include, but not be limited to, criterion-referenced competency tests, the Georgia High School Graduation Test, end-of-grade assessments, end-of-course assessments, and the SAT, a plan for obtaining compliance with this Code section, and any other information required at the discretion of the board; and"
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SECTION 4.
Said chapter is further amended by revising Code Section 20-2-281, relating to the assessment of effectiveness of educational programs under the "Quality Basic Education Act," as follows:
"20-2-281. (a) The State Board of Education shall adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. Each local school system may elect to administer, with state funding, nationally norm-referenced instruments in reading, mathematics, science, or social studies in grade three, four, or five and in grade six, seven, or eight, subject to available appropriations, with assistance to such school systems by the State Board of Education with regard to administration guidance, scoring, and reporting of such assessments instruments. The State Board of Education shall review, revise, and upgrade the quality core curriculum. Following the adoption of this revised curriculum, the State Board of Education shall contract for development of criterion-referenced competency tests end-of-grade assessments to measure the quality core curriculum. Such tests assessments in English and language arts, mathematics, and reading shall be administered annually to students in grades one through eight, and such tests in science and social studies shall be administered annually to students in grades three through eight. This action shall be completed according to a schedule established by the State Board of Education. A curriculum based assessment shall be administered in grade 11 for graduation purposes. Writing assessments shall be administered to assessed, at a minimum, for students in grades three, five, eight, and 11. The writing assessments shall provide students Students and their parents with performance outcome measures resulting shall be provided with writing performance results from the administration of such tests assessments. (b) The nationally normed assessments norm-referenced instruments provided for in subsection (a) of this Code section shall provide students and their parents with grade equivalencies and percentile ranks which result from the administration of such tests instruments. Criterion-referenced tests and the high school graduation test provided for in subsection (a) of this Code section End-of-grade assessments shall provide for results that reflect student achievement at the individual student, classroom, school, system, and state levels. The State Board of Education shall participate in the National Assessment of Educational Progress (NAEP) and may participate in any other tests that will allow benchmarking this state's performance against national or international performance. The results of such testing shall be provided to the Governor, the General Assembly, and the State Board of Education and shall be reported to the citizens of Georgia. Further, the state board shall adopt a school readiness assessment for students entering first grade and shall administer such assessment pursuant to paragraph (2) of subsection (b) of Code Section 20-2-151. One of the components in the awarding of salary supplements as part of a pay for performance or related plan under this article may be assessments of student achievement.
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(b.1) The State Board of Education shall notify local school systems and individual schools of the results of the assessment instruments administered under this Code section at the earliest possible date determined by the state board, but not later than the beginning of the subsequent school year. (c) The State Board of Education shall have the authority to condition the awarding of a high school diploma to a student upon achievement of satisfactory scores on instruments or tests adopted and administered by the state board pursuant to subsection (a) of this Code section and the end-of-course assessments adopted and administered by the state board pursuant to subsections (f) and (h) of this Code section. The state board is authorized and directed to adopt regulations providing that any disabled child, as defined by the provisions of this article, shall be afforded opportunities to take any test adopted by the state board as a condition for the awarding of a high school diploma. Said Such regulations shall further provide for appropriate accommodations in the administration of such test. Said Such regulations shall further provide for the awarding of a special education diploma to any disabled student who is lawfully assigned to a special education program and who does not achieve a passing score on said such test or who has not completed all of the requirements for a high school diploma but who has nevertheless completed his or her Individualized Education Program.
(d)(1) The State Board of Education shall develop or adopt alternate assessments to be administered to each student receiving special education services pursuant to Code Section 20-2-152 who does not receive instruction in the essential knowledge and skills identified in the quality core curriculum developed pursuant to Code Section 202-140 and for whom the assessment instruments adopted under subsection (a) of this Code section, even with allowable modifications, would not provide an appropriate measure of student achievement, as determined by the student's Individualized Education Program team. A student's Individualized Education Program may serve as an alternate assessment for that student. (2) A student's Individualized Education Program team shall determine appropriate participation in assessment and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act. (e) The State Board of Education is authorized to adopt rules, regulations, policies, and procedures regarding accommodations and the participation of limited-Englishproficient students, as defined in Code Section 20-2-156, in the assessments described in this Code section. (f) The State Board of Education shall adopt end-of-course assessments for students in grades nine through 12 for all core subjects to be determined by the state board. For those students with an Individualized Education Program, the each such student's Individualized Education Program team shall determine appropriate participation in assessments and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act. (g) Under rules adopted by the State Board of Education, the Department of Education shall, subject to appropriations by the General Assembly, release some or all of the
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questions and answers to each criterion-referenced competency test end-of-grade assessment administered under subsection (a) of this Code section and each end-ofcourse assessment administered under subsection (e)(f) of this Code section after the last time the instrument such assessment is administered for a school year. (h) The State Board of Education, through the Department of Education, shall administer the end-of-course assessments for core subject areas as defined by state board policy. The state board shall promulgate a schedule for the development and administration of all end-of-course tests. By the 2015-2016 school year, the State Board of Education shall make all end-of-course assessments available online and shall establish rules and regulations to maximize the number of students and school systems utilizing such online assessments. (i) The Department of Education shall develop study guides for the criterion-referenced tests end-of-grade assessments and end-of-course assessments administered pursuant to subsections (a) and (f) of this Code section. Each school system shall distribute the study guides to students who do not perform satisfactorily on one or more parts of an assessment instrument administered under this Code section and to the parents or guardians of such students.
(j)(1) The high school graduation test provided for in subsection (a) of this Code section shall continue in effect until all high school core subject end-of-course assessments have been developed and implemented, at which time the state board shall discontinue the test according to a schedule to be determined by the state board. (2) The State Board of Education shall adopt rules and regulations requiring the results of core subject end-of-course assessments to be included as a factor in a student's final grade in the core subject course for which the end-of-course assessment is given. (k)(1) In addition to the assessment instruments adopted by the State Board of Education and administered by the Department of Education, a local school system may adopt and administer criterion-referenced or norm-referenced assessment instruments, or both, at any grade level. Such locally adopted assessment instruments may not replace the state's adopted assessment instruments for purposes of state accountability programs, except as otherwise provided in paragraph (2) of this subsection. A local school system shall be responsible for all costs and expenses incurred for locally adopted assessment instruments. Students with Individualized Education Programs must be included in the locally adopted assessments or provided an alternate assessment in accordance with the federal Individuals with Disabilities Education Act. (2) The State Board of Education shall have the authority to grant waivers until Fiscal Year 2003 to local boards of education exempting said boards from the administration of the state criterion-referenced competency tests at any or all of the subject areas and grade levels for which the local board of education implements a locally developed criterion-referenced competency test or tests based on the Quality Core Curriculum which increases the expectations for student achievement beyond that of the applicable state criterion-referenced competency test or tests and meets all other
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requirements of this Code section, including reliability and validity requirements, with the exception of subsection (g) of this Code section. Local boards of education with such waivers shall submit to the State Board of Education school and local school system score reports of the locally developed criterion-referenced competency tests. (l) In adopting academic skills assessment instruments under this Code section, the State Board of Education or local school system shall ensure the security of the instruments in their preparation, administration, and scoring. Notwithstanding any other provision of law, meetings or portions of meetings held by the state board or a local board of education at which individual assessment instruments or assessment instrument items are discussed or adopted shall not be open to the public, and the assessment instruments or assessment instrument items shall be confidential. (m) The results of individual student performance on academic skills assessment instruments administered under this Code section shall be confidential and may be released only in accordance with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g. (n) Overall student performance data shall be disaggregated by ethnicity, sex, socioeconomic status, disability, language proficiency, grade level, subject area, school, system, and other categories determined by policies established by the Office of Student Achievement. (o) Student performance data shall be made available to the public, with appropriate interpretations, by the State Board of Education, the Office of Student Achievement, and local school system. The information made available to the public shall not contain the names of individual students or teachers. (p) Teachers in grades one kindergarten through grade 12 shall be offered the opportunity to participate annually in a staff development program on the use of tests within the instructional program designed to improve students' academic achievement. This program shall instruct teachers on curriculum alignment related to tests, disaggregated student test data to identify student academic weaknesses by subtests, and other appropriate applications as determined by the State Board of Education. (q) The State Board of Education shall consider the passage by a student of an industry certification examination or a state licensure examination which is approved by the State Board of Education when considering whether to grant such student a variance for one or more portions of the high school graduation test end-of-course assessments required by the State Board of Education pursuant to subsection (a)(c) of this Code section in order to obtain a Georgia high school diploma; provided, however, that the state board shall not grant a variance to a student unless the student has attempted and failed to pass the relevant portion of the high school graduation test end-of-course assessment or assessments at least four times."
SECTION 5. Said chapter is further amended by adding a new Code section to read as follows:
"20-2-281.1.
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(a) On and after the effective date of this Act, students shall no longer be required to earn a passing score on the Georgia High School Graduation Test to earn a high school diploma. (b) A person who is no longer enrolled in a Georgia public school and who previously failed to receive a high school diploma in this state or was denied graduation solely for failing to achieve a passing score on one or more portions of the Georgia High School Graduation Test or its predecessor or the Georgia High School Writing Test or its predecessor may petition the local board of education in which he or she was last enrolled to determine the student's eligibility to receive a high school diploma pursuant to this Code section based on the graduation requirements in effect when the student first entered ninth grade. Once the local board of education confers a diploma upon a student meeting such requirements, the local board shall transmit to the Georgia Department of Education in accordance with department procedures the number of diplomas awarded. The local board of education may date the high school diploma on the date the student graduated or the date the diploma was conferred. Students receiving diplomas pursuant to this Code section shall not be counted as graduates in the graduation rate calculations for affected schools and school systems, either retroactively or in current or future calculations. On or before January 31, 2020, the Georgia Department of Education shall report to the State Board of Education and the General Assembly the number of diplomas granted, by local school system, pursuant to this Code section. (c) Each local school system shall annually advertise the provisions of this Code section, one time no later than January 15, 2016, one time no later than January 15, 2017, and one time no later than January 15, 2018. Such advertisement shall be made in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised. At a minimum, such notice shall consist of two columns measuring at least ten inches in length and measuring at least four and one-half inches in combined width, and include:
(1) A headline printed in at least a 24 point boldface type; (2) An explanation of who qualifies for the petitioning option; (3) An explanation of the petition process; (4) A contact name and phone number; and (5) The deadline for submitting a petition."
SECTION 6. Said chapter is further amended by revising Code Section 20-2-283, relating to criteria for placement and promotion policies and specific requirements for students in grades three, five, and eight, as follows:
"20-2-283. (a) No later than January 1, 2002, the State Board of Education shall adopt criteria for the development of a placement and promotion policy by each local board of education consistent with the Georgia Academic Placement and Promotion Policy.
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(b) Such criteria as adopted by the State Board of Education shall require the following for students in grades three, five, and eight:
(1) No student shall be promoted, except as provided in this Code section, to: (A) The fourth grade program to which the student would otherwise be assigned if the student does not achieve grade level as defined by the Office of Student Achievement in accordance with Code Section 20-14-31 on the third grade criterion-referenced end-of-grade reading assessment developed in accordance with subsection (a) of Code Section 20-2-281 and meet the promotional standards and criteria established by the State Board of Education and by the local school board for the school that the student attends; (B) The sixth grade program to which the student would otherwise be assigned if the student does not achieve grade level as defined by the Office of Student Achievement in accordance with Code Section 20-14-31 on the fifth grade criterionreferenced end-of-grade mathematics assessment and fifth grade criterionreferenced end-of-grade reading assessment developed in accordance with subsection (a) of Code Section 20-2-281 and meet the promotional standards and criteria established by the State Board of Education and by the local school board for the school that the student attends; or (C) The ninth grade program to which the student would otherwise be assigned if the student does not achieve grade level as defined by the Office of Student Achievement in accordance with Code Section 20-14-31 on the eighth grade criterion-referenced end-of-grade mathematics assessment and eighth grade criterion-referenced end-of-grade reading assessment developed in accordance with subsection (a) of Code Section 20-2-281 and meet the promotional standards and criteria established by the State Board of Education and by the local school board for the school that the student attends;
(2) When a student does not perform at grade level on any criterion-referenced endof-grade assessment specified in paragraph (1) of this subsection then the following shall occur:
(A) The parent or guardian of the student shall be notified in writing by first-class mail by the school principal or such official's designee regarding the student's performance below grade level on the assessment instrument, the retest to be given the student, the accelerated, differentiated, or additional instruction program to which the student is assigned, and the possibility that the student might be retained at the same grade level for the next school year; (B) The student shall be retested with a criterion-referenced end-of-grade assessment or an alternative assessment instrument that is appropriate for the student's grade level as provided for by the State Board of Education and the local board of education; and (C) The student shall be given an opportunity for accelerated, differentiated, or additional instruction in the applicable subject; and (3) When a student does not perform at grade level on any criterion-referenced endof-grade assessment specified in paragraph (1) of this subsection and also does not
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perform at grade level on a second additional opportunity as provided for in paragraph (2) of this subsection then the following shall occur:
(A) The school principal or the principal's designee shall retain the student for the next school year except as otherwise provided in this subsection; (B) The school principal or the principal's designee shall notify in writing by firstclass mail the parent or guardian of the student and the teacher regarding the decision to retain the student. The notice shall describe the option of the parent, guardian, or teacher to appeal the decision to retain the student and shall further describe the composition and functions of the placement committee as provided for in this subsection, including the requirement that a decision to promote the student must be a unanimous decision of the committee; (C) If the parent, guardian, or teacher appeals the decision to retain the student, then the school principal or designee shall establish a placement committee composed of the principal or the principal's designee, the student's parent or guardian, and the teacher of the subject of the assessment instrument on which the student failed to perform at grade level and shall notify in writing by first-class mail the parent or guardian of the time and place for convening the placement committee; (D) The placement committee shall:
(i) Review the overall academic achievement of the student in light of the performance on the criterion-referenced end-of-grade assessment and the standards and criteria as adopted by the local board of education and make a determination to promote or retain. A decision to promote must be a unanimous decision and must determine that if promoted and given accelerated, differentiated, or additional instruction during the next year, the student is likely to perform at grade level as defined by the Office of Student Achievement in accordance with Code Section 20-14-31 by the conclusion of the school year; and (ii) Prescribe for the student, whether the student is retained or promoted, such accelerated, differentiated, or additional instruction as needed to perform at grade level by the conclusion of the subsequent school year, prescribe such additional assessments as may be appropriate in addition to assessments administered to other students at the grade level during the year, and provide for a plan of continuous assessment during the subsequent school year in order to monitor the progress of the student; (E) For students receiving special education or related services, the Individualized Education Plan Committee shall serve as the placement committee; and (F) The decision of the placement committee may be appealed only as provided for by the local board of education. (c) This Code section does not preclude the retention by the school principal or the principal's designee of a student who performs satisfactorily on the criterion-referenced end-of-grade assessments specified in paragraph (1) of subsection (b) of this Code section as provided for by the local board of education. (d) This Code section does not create a property interest in promotion.
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(e) The State Board of Education shall establish policies and procedures for implementation of this Code section."
SECTION 7.
Said chapter is further amended by revising Code Section 20-2-284, relating to criteria for local board of education and model placement and promotion policies, as follows:
"20-2-284. (a) No later than July 1, 2003, each local board of education shall develop and adopt a placement and promotion policy in accordance with the criteria established by the State Board of Education as provided in Code Section 20-2-283 and consistent with the Georgia Academic Placement and Promotion Policy. (b) Except for those criterion-referenced end-of-grade assessments specified in Code Section 20-2-283, the placement and promotion policy as developed and adopted by each local board of education shall state how the criterion-referenced competency tests end-of-grade assessments administered under Code Section 20-2-281 for grades one through eight will be weighted or otherwise utilized by the school principal or the principal's designee in determining the overall academic achievement of a student and an appropriate plan of accelerated, differentiated, or additional instruction, placement, promotion, or retention of a student. (c) To assist each local board of education, the State Board of Education shall develop a model placement and promotion policy which may be utilized by a local board of education."
SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson
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Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cantrell Y Carson Y Carter Y Casas Y Chandler
Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration E Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin
Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 172, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 52. By Representatives Quick of the 117th, Caldwell of the 131st, Jones of the 62nd, Oliver of the 82nd, Weldon of the 3rd and others:
A BILL to be entitled an Act to amend Code Section 19-9-1 of the Official Code of Georgia Annotated, relating to parenting plans, so as to change provisions requiring parenting plans to be incorporated into final orders involving the custody of a child; 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 Corbett
Y Harbin Y Harden Y Harrell
Y Meadows Y Mitchell Y Morris
Y Smith, E Y Smith, L Y Smith, M
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Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
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 Ealum Y Efstration E Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 174, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 65. By Representatives Caldwell of the 20th, Ramsey of the 72nd, Teasley of the 37th, Turner of the 21st, Dudgeon of the 25th 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 local boards of education and certain charter schools to hold at least two public meetings on the proposed annual operating budget; to require that a summary of the proposed and adopted annual operating budget be posted on the Internet; to require that the detailed annual operating budget be made available upon request; to provide for related matters; to repeal conflicting laws; and for other purposes.
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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander
Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett N Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Cantrell Y Carson Y Carter Y Casas Y Chandler
Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration E Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 1.
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 337. By Representatives Williams of the 119th, Maxwell of the 17th, Frye of the 118th, Rogers of the 29th, Jones of the 47th and others:
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A RESOLUTION recognizing February 19, 2015, as University of Georgia Day at the state capitol, congratulating the University of Georgia on its 230th anniversary of becoming the first state-chartered institution in the United States of America, and inviting Jere Morehead, president of the University of Georgia, to be recognized by the House of Representatives; and for other purposes.
HR 338. By Representatives Smith of the 70th, Williams of the 119th, Epps of the 144th, Holmes of the 129th, Rhodes of the 120th and others:
A RESOLUTION recognizing and commending the Jasper-Jones County Forestry Unit upon being named the Georgia Forestry Commission 2014 Northern Unit of the Year and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 339. By Representatives Carter of the 175th, Harden of the 148th and Abrams of the 89th:
A RESOLUTION recognizing and commending the State YMCA of Georgia and its Center for Civic Engagement and "Y" Club programs which sponsor Youth Assembly, among other programs that cultivate youth civic engagement, and inviting Randall Trammell, Josh Moore, Andrew Mitchell, Dalton Touchberry, and Hogan Tuell to be recognized by the House of Representatives; and for other purposes.
HR 340. By Representatives Smith of the 70th, Stover of the 71st, Trammell of the 132nd and Ramsey of the 72nd:
A RESOLUTION commending Lynn Whiteside, weaver of the official tartan of Georgia, and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 341. By Representatives Rhodes of the 120th, Williams of the 119th, England of the 116th, Coleman of the 97th, McCall of the 33rd and others:
A RESOLUTION recognizing Andy Paul as the 2014-2015 President of the National Future Farmers of America Organization and inviting him to be recognized by the House of Representatives; and for other purposes.
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HR 342. By Representative Turner of the 21st:
A RESOLUTION commending the Sequoyah High School volleyball team for winning the 2014-2015 Class 5A State Championship and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 343. By Representatives Martin of the 49th, Ralston of the 7th, Jones of the 47th, Duncan of the 26th, Roberts of the 155th and others:
A RESOLUTION commending John Andrew Smoltz for his contributions to the State of Georgia; recognizing his outstanding achievements in the sport of baseball; and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 344. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th and Caldwell of the 131st:
A RESOLUTION commending David Byers and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 345. By Representatives McCall of the 33rd, Epps of the 144th and England of the 116th:
A RESOLUTION commending Walter Parks on being named the 2013-2014 Georgia Association of Career and Technical Educators Teacher of the Year for Agriculture and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 346. By Representatives McCall of the 33rd, Epps of the 144th, England of the 116th and Roberts of the 155th:
A RESOLUTION commending Doyle Floyd on being named 2014 Georgia FFA Alumni Outstanding Agriculture Educator of the Year and inviting him to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations:
HR 309 HR 310 HR 311
Do Pass Do Pass Do Pass
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The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 309. By Representative Powell of the 171st:
A RESOLUTION commending Maggie Bridges on her continued dedication to the State of Georgia, congratulating her for being crowned Miss Georgia 2014, and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 310. By Representatives O`Neal of the 146th, Smyre of the 135th, Abrams of the 89th, Jones of the 47th, Hatchett of the 150th and others:
A RESOLUTION commending Mack Chandler and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 311. By Representatives Watson of the 172nd, England of the 116th, McCall of the 33rd, Roberts of the 155th, Corbett of the 174th and others:
A RESOLUTION recognizing February 24th, 2015, as Future Farmers of America Day at the state capitol and inviting the Future Farmers of America (FFA) to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 347. By Representatives Gravley of the 67th, Lumsden of the 12th, Cooke of the 18th, Atwood of the 179th, Waites of the 60th and others:
A RESOLUTION commending the North American Police Work Dog Association (NAPWDA) for its contributions to Georgia's law enforcement personnel and canine officers; and for other purposes.
HR 348. By Representatives Jordan of the 77th, Stephens of the 165th, Randall of the 142nd, Waites of the 60th and Scott of the 76th:
A RESOLUTION honoring the life and memory of Lois Bolston; and for other purposes.
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HR 349. By Representatives Jordan of the 77th and Stephens of the 165th:
A RESOLUTION commending Alpha Phi Alpha Fraternity, Inc., and the Georgia District Chapters and recognizing February 19, 2015, as Alpha Phi Alpha Day at the state capitol; and for other purposes.
HR 350. By Representatives Jordan of the 77th, Mitchell of the 88th, Smyre of the 135th, Waites of the 60th and Scott of the 76th:
A RESOLUTION honoring the life and memory of John Edison Inman Jordan, Jr.; and for other purposes.
HR 351. By Representatives Smith of the 70th, Stover of the 71st, Trammell of the 132nd and Ramsey of the 72nd:
A RESOLUTION celebrating the 150th birthday of The Newnan TimesHerald; and for other purposes.
HR 352. By Representatives Sims of the 123rd, Harbin of the 122nd and Howard of the 124th:
A RESOLUTION commending C.J. Pearson, a 12 year old from Grovetown, Georgia, who is the founder and Executive Director of Young Georgians in Government; and for other purposes.
HR 353. By Representatives Sims of the 123rd, Harbin of the 122nd and Howard of the 124th:
A RESOLUTION commending the Executive Board of the Young Georgians in Government and recognizing board members C.J. Pearson, Brooks Fletcher, DeUndre Eberhart, Conrad Close, Felix Close, and Alan Hill; and for other purposes.
HR 354. By Representatives Corbett of the 174th, Spencer of the 180th, Nimmer of the 178th, Jones of the 167th and Duncan of the 26th:
A RESOLUTION congratulating the Charlton County High School baseball team on winning the 2014 GHSA Class A State Championship; and for other purposes.
HR 355. By Representatives Corbett of the 174th, Carter of the 175th, Shaw of the 176th, England of the 116th, Dickson of the 6th and others:
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A RESOLUTION commending Jacob Schindler and congratulating him upon being named the University of Georgia's Amazing Student; and for other purposes.
HR 356. By Representatives Thomas of the 56th and Brooks of the 55th:
A RESOLUTION commending His Royal Majesty Oba Adejuyigbe Egundjobi Alladohonu Oyewole Adefunmi II; and for other purposes.
HR 357. By Representatives Carter of the 175th, Sharper of the 177th, Corbett of the 174th and Shaw of the 176th:
A RESOLUTION recognizing and commending Macedonia First Baptist Church on the occasion of its 150th anniversary; and for other purposes.
HR 358. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th and Smith of the 134th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Angelin Sara Shajan of Columbus State University on Academic Recognition Day for 2015; and for other purposes.
HR 359. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th and Broadrick of the 4th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Hilary N. Stanley of Dalton State College on Academic Recognition Day for 2015; and for other purposes.
HR 360. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th and Stovall of the 74th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Rachel S. Mannor of Clayton State University on Academic Recognition Day for 2015; and for other purposes.
HR 361. By Representatives Brockway of the 102nd, Harrell of the 106th, Marin of the 96th, Clark of the 98th, Kirby of the 114th and others:
A RESOLUTION commending Georgia Gwinnett College for its commitment to educational excellence and for its rapid expansion; and for other purposes.
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HR 362. By Representative Setzler of the 35th:
A RESOLUTION commending Shannon Laffey for being chosen as part of Team USA to compete in the 2015 Special Olympics World Summer Games; and for other purposes.
HR 363. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th and Atwood of the 179th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Jedidiah O. Lindborg of College of Coastal Georgia on Academic Recognition Day for 2015; and for other purposes.
HR 364. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th and Dukes of the 154th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Jonathan Colley of Darton State College on Academic Recognition Day for 2015; and for other purposes.
HR 365. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th, Bentley of the 139th and Smyre of the 135th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Ashley D. Davis of Fort Valley State University on Academic Recognition Day for 2015; and for other purposes.
HR 366. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th, Jones of the 47th and Bell of the 58th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Fernando Mattos of Georgia State University on Academic Recognition Day for 2015; and for other purposes.
HR 367. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th, Roberts of the 155th, Houston of the 170th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Sarah Allison Rooks of Abraham Baldwin Agricultural College on Academic Recognition Day for 2015; and for other purposes.
HR 368. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th, LaRiccia of the 169th and Roberts of the 155th:
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A RESOLUTION commending University System of Georgia Outstanding Scholar Jenna R. Rozier of South Georgia State College on Academic Recognition Day for 2015; and for other purposes.
HR 369. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th and Kidd of the 145th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Ashlyn D. Burch of Georgia College & State University on Academic Recognition Day for 2015; and for other purposes.
HR 370. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th and Bell of the 58th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Michael Patterson of Atlanta Metropolitan State College on Academic Recognition Day for 2015; and for other purposes.
HR 371. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th and Dempsey of the 13th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Hali Bohannon Burns of Georgia Highlands College on Academic Recognition Day for 2015; and for other purposes.
HR 372. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th and Hightower of the 68th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Osayame Gaius-Obaseki of University of West Georgia on Academic Recognition Day for 2015; and for other purposes.
HR 373. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th and Brockway of the 102nd:
A RESOLUTION commending University System of Georgia Outstanding Scholar Gabrielle Costello of Georgia Gwinnett College on Academic Recognition Day for 2015; and for other purposes.
HR 374. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th and Stephens of the 165th:
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A RESOLUTION commending University System of Georgia Outstanding Scholar Brittany Bush of Savannah State University on Academic Recognition Day for 2015; and for other purposes.
HR 375. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th and Parrish of the 158th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Danielle Donaldson Renew of East Georgia State College on Academic Recognition Day for 2015; and for other purposes.
HR 376. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th and Cheokas of the 138th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Kelly R. Dekle of Georgia Southwestern State University on Academic Recognition Day for 2015; and for other purposes.
HR 377. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th and Sharper of the 177th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Melanie Alyse Morris of Valdosta State University on Academic Recognition Day for 2015; and for other purposes.
HR 378. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th, Randall of the 142nd and Pruett of the 149th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Sarah Hollifield of Middle Georgia State College on Academic Recognition Day for 2015; and for other purposes.
HR 379. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th, Parrish of the 158th, Burns of the 159th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Hillary Brooke Bird of Georgia Southern University on Academic Recognition Day for 2015; and for other purposes.
HR 380. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th, Dukes of the 154th and Ealum of the 153rd:
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A RESOLUTION commending University System of Georgia Outstanding Scholar Jeremy S. Jones of Albany State University on Academic Recognition Day for 2015; and for other purposes.
HR 381. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th, Quick of the 117th and Frye of the 118th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Tuan Anh Nguyen of University of Georgia on Academic Recognition Day for 2015; and for other purposes.
HR 382. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th and Reeves of the 34th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Katherine Grace Street of Kennesaw State University on Academic Recognition Day for 2015; and for other purposes.
HR 383. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th, Ehrhart of the 36th and Evans of the 42nd:
A RESOLUTION commending University System of Georgia Outstanding Scholar Philip N. Cheek of Southern Polytechnic State University on Academic Recognition Day for 2015; and for other purposes.
HR 384. By Representatives Yates of the 73rd, Deffenbaugh of the 1st, Rogers of the 10th and Anderson of the 92nd:
A RESOLUTION commending the Georgia Military Veterans Hall of Fame, Colonel Paul Richard Longgear, Captain Clifford Paul Barnes, Colonel Richard H. White, Major General Jack Wheeler, and Colonel Bob Poydasheff; and for other purposes.
HR 385. By Representatives Yates of the 73rd, Deffenbaugh of the 1st, Rogers of the 10th and Anderson of the 92nd:
A RESOLUTION commending all Vietnam era and Vietnam War veterans and their families and recognizing the week of May 6-12, 2015, as the 40th anniversary observance of the ending of the Vietnam War; and for other purposes.
HR 386. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th, Harbin of the 122nd, Howard of the 124th and others:
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A RESOLUTION commending University System of Georgia Outstanding Scholar Brittney Melinda Laufer of Georgia Regents University on Academic Recognition Day for 2015; and for other purposes.
HR 387. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th, Powell of the 171st and Taylor of the 173rd:
A RESOLUTION commending University System of Georgia Outstanding Scholar April C. McNair of Bainbridge State College on Academic Recognition Day for 2015; and for other purposes.
HR 388. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th, Tanner of the 9th and Hawkins of the 27th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Jonathan Chase Strickland of University of North Georgia on Academic Recognition Day for 2015; and for other purposes.
HR 389. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th and Mosby of the 83rd:
A RESOLUTION commending University System of Georgia Outstanding Scholar Jeremy Borger of Georgia Perimeter College on Academic Recognition Day for 2015; and for other purposes.
HR 390. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th, Brockway of the 102nd, Thomas of the 56th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Zackary H. Cook of Georgia Institute of Technology on Academic Recognition Day for 2015; and for other purposes.
HR 391. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th, Petrea of the 166th, Stephens of the 164th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Blair Weaver of Armstrong Atlantic State University on Academic Recognition Day for 2015; and for other purposes.
HR 392. By Representatives McCall of the 33rd, Epps of the 144th, Cooke of the 18th, LaRiccia of the 169th, England of the 116th and others:
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A RESOLUTION commending the Georgia peanut industry and recognizing March 3, 2015, as Peanut Butter and Jelly Day at the capitol; and for other purposes.
HR 393. By Representative Williamson of the 115th:
A RESOLUTION honoring the life and memory of Donald Edison Garrett; 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 17, 2015, 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 17, 2015.
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Representative Hall, Atlanta, Georgia
Tuesday, February 17, 2015
Sixteenth 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 E Anderson Atwood Ballinger E Barr Battles E Beasley-Teague Bell Belton Bennett Bentley Benton Beskin Broadrick Brockway Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell E Carson Carter E Casas Chandler Cheokas Clark, D Clark, H Clark, V Coleman E Cooke
Coomer Cooper Corbett E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps E Evans Fleming Fludd Frazier E Frye E Gasaway Geisinger Glanton E Golick Gordon Gravley Greene Hamilton
Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, L Jones, S E Jordan Kaiser Kelley Kidd Kirby Knight LaRiccia Lumsden Mabra Marin Martin Maxwell Mayo E McCall McClain
Meadows Mitchell Morris Mosby Nimmer Nix O'Neal Pak Parrish Parsons E Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick Raffensperger Rakestraw Ramsey Reeves Rhodes Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sims
Smith, E Smith, L Smith, M Smith, R Smyre Spencer Stephens, R E Stephenson Stovall Stover Strickland Tankersley E Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner Waites Watson Werkheiser 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 Brooks of the 55th, Floyd of the 99th, Gardner of the 57th, Kendrick of the 93rd, Oliver of the 82nd, Randall of the 142nd, Stephens of the 165th, and Welch of the 110th.
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They wished to be recorded as present.
Prayer was offered by Reverend Angel M. Maestre, Pastor, Centro Cristiano Oasis de Bendicion, Augusta, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 342. By Representatives Kelley of the 16th, Willard of the 51st, Ramsey of the 72nd, Benton of the 31st, Fleming of the 121st and others:
A BILL to be entitled an Act to amend Code Section 31-7-3.2 of the Official Code of Georgia Annotated, relating to the notice of cited deficiencies and imposition of sanctions for nursing homes or intermediate care homes, so as to provide that a violation of certain regulations shall not constitute negligence per se; to provide for limitations on advertisements that use or reference the results of federal or state surveys or inspections of nursing
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homes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 343. By Representative Caldwell of the 131st:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Lamar County Board of Education, approved March 30, 1971 (Ga. L. 1971, p. 2710), as amended, particularly by an Act approved March 13, 2012 (Ga. L. 2012, p. 4416), so as to provide that members of the board of education shall be elected on a nonpartisan basis; 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 344. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to define certain terms; to create the Georgia Public Retirement System Trustee Training Council; to provide for membership; to provide that the council shall develop a training course for public retirement system trustees; to provide for certification of such courses; to provide that public retirement system trustees shall complete a training course; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 345. By Representative Trammell of the 132nd:
A BILL to be entitled an Act to amend an Act to incorporate the City of Hogansville in Troup County, Georgia, approved February 13, 1976 (Ga. L. 1976, p. 2588), as amended, so as to provide for certain procedures for the filling of vacancies in the office of mayor or councilmember; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 346. By Representatives LaRiccia of the 169th, Roberts of the 155th, Williams of the 168th, Corbett of the 174th, Shaw of the 176th and others:
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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 tax 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 347. By Representatives Hightower of the 68th, Meadows of the 5th, Quick of the 117th, Kelley of the 16th, Efstration of the 104th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, so as to clarify provisions relating to interest on certain domestic relations cases; 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 348. By Representatives Dickey of the 140th, Nimmer of the 178th, Coomer of the 14th and Rogers of the 10th:
A BILL to be entitled an Act to repeal Chapter 14 of Title 34 of the Official Code of Georgia Annotated, relating to the Georgia Workforce Investment Board; to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to create the State Workforce Development Board; to provide for a Workforce Division within the Department of Economic Development; to provide for a deputy commissioner; to provide for policy development and implementation; to revise provisions for the administration and dispersal of funds; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 349. By Representatives Spencer of the 180th, Stephens of the 164th, Kidd of the 145th, Sharper of the 177th, Kaiser of the 59th and others:
A BILL to be entitled an Act to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to delegation of authority to physician assistants, so as to authorize a physician to delegate to a physician
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assistant the authority to prescribe Schedule II controlled substances under certain conditions; to require additional continuing education; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 350. By Representatives Taylor of the 79th, Maxwell of the 17th, Mayo of the 84th, Meadows of the 5th and Dollar of the 45th:
A BILL to be entitled an Act to amend Code Section 43-11-74 of the Official Code of Georgia Annotated, relating to direct supervision of dental hygienists by a licensed dentist, so as to authorize dental hygienists to administer local anesthesia under direct supervision of a dentist; to provide for rules and regulations by the Georgia Board of Dentistry; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 351. By Representatives Harbin of the 122nd, Marin of the 96th and Fludd of the 64th:
A BILL to be entitled an Act to amend Article 3 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to bona fide coin operated amusement machines, so as to change certain provisions relating to master licenses and requirements and restrictions for licensees; to change certain provisions relating to the Class B accounting terminal, communication networks, and other procedures and policies; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 352. By Representatives Strickland of the 111th, Reeves of the 34th, Pak of the 108th, Trammell of the 132nd, Gravley of the 67th and others:
A BILL To be entitled an Act to amend Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery, so as to change provisions relating to discovery in misdemeanor cases; to provide for a defendant to opt into reciprocal discovery similar to provisions in felony cases; to require the defendant to provide the prosecuting attorney with a list of witness and alibi information; to provide for procedure; to provide for sanctions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
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HB 353. By Representative Rogers of the 29th:
A BILL to be entitled an Act to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to nonpublic postsecondary educational institutions; to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Administrative Procedure Act, so as to exempt the commission from the Georgia Administrative Procedure Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 354. By Representatives Fleming of the 121st, Abrams of the 89th, Stephens of the 164th, Kaiser of the 59th, Peake of the 141st and others:
A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to require an insurer providing services under the state health benefit plan to include certain trauma centers in its provider network; to provide for a mechanism to resolve disputes between insurers and hospitals; to provide for legislative intent; to provide for definitions; to provide for an appeal to the Commissioner of Insurance; to provide for appointment of an arbitration panel; to provide for the panel membership and duties; to provide for subject matter of disputes; to provide for binding decisions; to provide for appeal of the arbitration panel decision and venue; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 355. By Representatives Dawkins-Haigler of the 91st, Brooks of the 55th and Beasley-Teague of the 65th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide for election day voter registration and voting; to provide for procedures and methods; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 356. By Representatives Stephens of the 164th, Rogers of the 29th, Knight of the 130th and Harbin of the 122nd:
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A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the ad valorem taxation of certain watercraft; to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to provide for the titling and registration of certain watercraft; to provide for legislative intent and findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 357. By Representatives Kelley of the 16th, Yates of the 73rd, Meadows of the 5th, Maxwell of the 17th, Willard of the 51st and others:
A BILL to be entitled an Act to amend Code Section 50-16-5.1 of the Official Code of Georgia Annotated, relating to the Commission on the Preservation of the State Capitol, so as to provide for the display of a Georgia Veterans' Hall of Fame on the capitol grounds; to provide for qualification and selection of inductees; to provide a short title; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Properties.
HB 358. By Representatives Hawkins of the 27th, Weldon of the 3rd, Welch of the 110th, Abrams of the 89th, Smyre of the 135th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to the organization of the executive branch generally, so as to establish the Legislative Oversight Committee for State Contracts; to provide for its composition, duties, and powers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 359. By Representatives Beskin of the 54th, Quick of the 117th, Broadrick of the 4th, Tanner of the 9th, Reeves of the 34th and others:
A BILL to be entitled an Act to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, social workers, and marriage and family therapists, so as to change certain provisions relating to separate standards committees for the professional counseling specialty, the social work specialty, and the marriage and family therapy specialty; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Regulated Industries.
HB 360. By Representatives Beskin of the 54th, Brockway of the 102nd, Taylor of the 173rd, Kaiser of the 59th, Brooks of the 55th and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation pursuant to resolution and referendum, so as to provide that there shall be held a referendum in the existing municipality; to provide that the approval of electors in the municipality shall be required; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 2 HB 306 HB 308 HB 310 HB 312 HB 314 HB 316 HB 318 HB 320 HB 322 HB 324 HB 326 HB 328 HB 330 HB 332 HB 334 HB 336 HB 338 HB 340 HR 301 HR 303 HR 305 HR 307 SB 84
HB 305 HB 307 HB 309 HB 311 HB 313 HB 315 HB 317 HB 319 HB 321 HB 323 HB 325 HB 327 HB 329 HB 331 HB 333 HB 335 HB 337 HB 339 HB 341 HR 302 HR 304 HR 306 SB 75
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601
Representative Stephens of the 164th District, Chairman of the Committee on Economic Development and Tourism, submitted the following report:
Mr. Speaker:
Your Committee on Economic Development and Tourism has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 5
Do Pass
Respectfully submitted, /s/ Greene of the 151st
Vice-Chairman
Representative Tankersley of the 160th 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 294 Do Pass HB 301 Do Pass
HB 300 Do Pass, by Substitute HB 302 Do Pass
Respectfully submitted, /s/ Tankersley of the 160th
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 House and has instructed me to report the same back to the House with the following recommendation:
HB 177 Do Pass
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Respectfully submitted, /s/ Weldon of the 3rd
Chairman
Representative Powell of the 171st 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 20 HB 63 HB 202 HB 227 HB 234
Do Pass Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass
HB 49 HB 120 HB 215 HB 231
Do Pass Do Pass Do Pass, by Substitute Do Pass, by Substitute
Respectfully submitted, /s/ Powell of the 171st
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR TUESDAY, FEBRUARY 17, 2015
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 16th Legislative Day as enumerated below:
DEBATE CALENDAR
Open Rule
None
Modified Open Rule
HB 172
Watercraft; operation while under the influence of alcohol, toxic vapors, or drugs; revise types of vessels (PS&HS-Lumsden-12th)
TUESDAY, FEBRUARY 17, 2015
603
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 294. By Representatives Rutledge of the 109th, Douglas of the 78th, Strickland of the 111th, Welch of the 110th, Knight of the 130th and others:
A BILL to be entitled an Act to authorize the governing authority of the City of Stockbridge 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 300. By Representatives Oliver of the 82nd, Stephenson of the 90th, Jacobs of the 80th, Mosby of the 83rd, Holcomb of the 81st and others:
A BILL to be entitled an Act to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, so as to establish the traffic division of said court; to provide for judges; to provide for initial terms and elections; to provide for the assignment of cases; to provide for a solicitor and clerk; to provide for an effective date; to repeal conflicting laws; and for other purposes.
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The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, so as to establish the traffic division of said court; to provide for judges; to provide for initial terms and elections; to provide for the assignment of cases; to provide for a solicitor and clerk; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, is amended by designating the existing text of such Act as Part 1 and by adding thereafter a new Part 2 to read as follows:
"Part 2
Section 2-1. There is created a division of the State Court of DeKalb County to be known as the 'traffic division.' The traffic division of the state court shall be governed by the provisions of general law contained in Chapter 7 of Title 15 of the O.C.G.A., relating to state courts, and by the additional provisions of this part.
Section 2-2. (a) In addition to all other judges of the state court, there shall be four judges of the traffic division who shall be known as associate judges of the state court. The qualifications and election of the associate judges shall be as provided by general law. (b) The initial associate judges shall be appointed by the Governor. Such initial associate judges shall serve until January 1, 2017, and until their successors are duly elected and qualified. Their successors shall be elected at the 2016 general election to serve terms of four years. All such elections shall be as provided by general law. (c) Except as specifically provided in this part, all provisions of this Act relating to the judges of the state court shall be applicable to the associate judges of the traffic division. (d) The four associate judges of the traffic division are designated as full-time judges and may not engage in the private practice of law. (e) Associate judges of the traffic division shall not be eligible to serve as senior judge of the state court.
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605
Section 2-3. (a) The traffic division shall have a presiding associate judge who shall be one of the four associate judges provided in Section 2-2. The initial presiding associate judge shall be selected by the senior judge of the state court. (b) The term of the presiding associate judge shall be for two years, or until the person serving as presiding associate judge resigns the position or leaves the court, whichever time is shorter. At the end of each term of the presiding associate judge, the position shall pass for a term as provided in this subsection to the next associate judge as follows:
(1) The position of presiding associate judge shall pass to the associate judge who has served as presiding associate judge the fewest number of terms; (2) If more than one associate judge meet the criteria of paragraph (1) of this subsection, then among or between them the position shall pass to the associate judge who has served as associate judge the longest time; and (3) If more than one associate judge meet the criteria of paragraph (2) of this subsection, then among or between them the position shall pass to the associate judge who has been a member of the State Bar of Georgia the longest time. (c) The four associate judges, in performing their duties and responsibilities, shall share, divide, and allocate the work and duties to be performed by each of them. In the event of disagreement between the associate judges with respect to such matters, the decision of the presiding associate judge shall govern. (d) Notwithstanding any provision of this part to the contrary, the senior judge of the state court shall have ultimate authority over all matters concerning the administration of the traffic division.
Section 2-4. (a) All cases involving violations of the traffic laws of the State of Georgia shall be assigned to the state court. (b) The senior judge of the state court may order that cases involving violations of the traffic laws of the State of Georgia or any other matters within the jurisdiction of the state court be assigned to the traffic division. (c) The provisions of this section shall not limit the power of the associate judges to hear and decide any matter within the jurisdiction of the state court, but the associate judges shall hear and decide only such matters as are assigned to the traffic division by order of the senior judge of the state court. (d) This section shall not limit the power of the associate judges to punish contempts in the same manner as any other judge of the state court.
Section 2-5. The associate judges shall take an oath to faithfully administer and discharge the duties of their offices in accordance with the Constitution and laws of the State of Georgia and the Constitution of the United States, which oath may be administered by any officer authorized under the laws of this state to administer oaths.
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Section 2-6. The solicitor of the state court shall be the solicitor of the traffic division.
Section 2-7. The clerk of the state court shall be the clerk of the traffic division. All records of the Recorder's Court of DeKalb County shall be transferred to and maintained by the clerk of the state court."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 301. By Representatives Oliver of the 82nd, Stephenson of the 90th, Jacobs of the 80th, Mosby of the 83rd, Holcomb of the 81st and others:
A BILL to be entitled an Act to repeal an Act creating and establishing the Recorder's Court of DeKalb County, approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended; to provide for the transfer of certain pending cases and court records; to provide for a solicitor of the Magistrate Court of DeKalb County; 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 302. By Representatives Oliver of the 82nd, Stephenson of the 90th, Jacobs of the 80th, Mosby of the 83rd, Holcomb of the 81st and others:
A BILL to be entitled an Act to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved March 30, 1995 (Ga. L. 1995, p. 4016), so as to increase the salary of the Chief Magistrate of DeKalb County; to establish salaries of the associate judges of the traffic division of the State Court of DeKalb County; to establish the salary of the Clerk of the State Court of DeKalb County; to provide an effective date; to repeal conflicting laws; and for other purposes.
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607
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 E Anderson Y Atwood Y Ballinger E Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin
Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell E Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans Y Fleming
Floyd Y Fludd Y Frazier E Frye
Gardner E Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo E McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sims
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 Stover Y Strickland Y Tankersley E Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson
Welch Weldon Y Werkheiser 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. Cook, the Secretary thereof:
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Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 8.
By Senators Unterman of the 45th, Butler of the 55th, Miller of the 49th and Hill of the 32nd:
A BILL to be entitled an Act to amend Chapter 3 of Title 9, Chapter 21 of Title 15, Title 16, and Article 1 of Chapter 5 of Title 49 of the O.C.G.A., relating to limitations of actions, payment and disposition of fines and forfeitures, crimes and offenses, and children and youth services, respectively, so as to make provisions for children who have been sexually exploited; to provide for related matters; to provide for an effective date and contingent 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 7.
By Senators Unterman of the 45th, Butler of the 55th, Miller of the 49th and Hill of the 32nd:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly by general law may impose additional penalties or fees for the offenses of prostitution, keeping a place of prostitution, pimping, pandering, pandering by compulsion, solicitation of sodomy, masturbation for hire, trafficking of persons for sexual servitude, sexual exploitation of children, and sodomy; to provide for related matters; and for other purposes.
By unanimous consent, the following Bill and Resolution of the Senate were read the first time and referred to the Committees:
SB 8.
By Senators Unterman of the 45th, Butler of the 55th, Miller of the 49th and Hill of the 32nd:
A BILL to be entitled an Act to amend Chapter 3 of Title 9, Chapter 21 of Title 15, Title 16, and Article 1 of Chapter 5 of Title 49 of the O.C.G.A., relating to limitations of actions, payment and disposition of fines and forfeitures, crimes and offenses, and children and youth services, respectively, so as to make provisions for children who have been sexually exploited; to provide for related matters; to provide for an effective date and contingent effective date; to repeal conflicting laws; and for other purposes.
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609
Referred to the Committee on Juvenile Justice.
SR 7.
By Senators Unterman of the 45th, Butler of the 55th, Miller of the 49th and Hill of the 32nd:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly by general law may impose additional penalties or fees for the offenses of prostitution, keeping a place of prostitution, pimping, pandering, pandering by compulsion, solicitation of sodomy, masturbation for hire, trafficking of persons for sexual servitude, sexual exploitation of children, and sodomy; to provide for related matters; and for other purposes.
Referred to the Committee on Juvenile Justice.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Taylor of the 79th et al., Pezold of the 133rd et al., Jones of the 62nd et al., Randall of the 142nd, Bruce of the 61st, Coleman of the 97th, Rogers of the 10th, and Frazier of the 126th et al.
Pursuant to HR 290, the House recognized February 17, 2015, as Medical College of Georgia Day at the state capitol and invited Dr. Peter F. Buckley to be recognized by the House of Representatives.
Pursuant to HR 198, the House commended Willie Bolden on the active role he played in the Civil Rights Movement and invited him to be recognized by the House of Representatives.
Pursuant to HR 199, the House commended Lonnie C. King, Jr., for the extraordinary part he played in the Civil Rights Movement and invited him to be recognized by the House of Representatives.
Pursuant to HR 212, the House commended Eva Kendrick for her work with the Civil Rights Movement.
Pursuant to HR 174, the House recognized February 17, 2015, as the Building Owners and Managers Association of Georgia (BOMA Georgia) Day at the Capitol, offering best wishes for the success of the BOMA Georgia Foundation, and invited members to be recognized by the House of Representatives.
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Representative Powell of the 171st 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 292 Do Pass
Respectfully submitted, /s/ Powell of the 171st
Chairman
Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 172. By Representatives Lumsden of the 12th, Powell of the 32nd, Hitchens of the 161st, Caldwell of the 131st, Tanner of the 9th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, so as to revise the types of vessels that are applicable to the operation of watercraft while under the influence of alcohol, toxic vapors, or drugs; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger E Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard
Y Meadows Y Mitchell
Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak
Parrish Y Parsons E Peake
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
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611
Y Bentley Y Benton Y Beskin
Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell E Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans Y Fleming Y Floyd Y Fludd Y Frazier E Frye Y Gardner E Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo E McCall Y McClain
Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Tankersley E Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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 159, 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 400. 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 recognizing February 24, 2015, as Columbus State University and Columbus Day at the state capitol and inviting Mayor Teresa Tomlinson; President and CEO of TSYS and Chamber Chair, Troy Woods; Chamber's Young Professional Government Affair Chair, Walker Garrett; Interim CSU President, Tom Hackett; and CSU Student Body President, Rachel Green to be recognized by the House of Representatives; and for other purposes.
HR 401. By Representatives Tanner of the 9th, Hamilton of the 24th, Duncan of the 26th, Dudgeon of the 25th and Hitchens of the 161st:
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A RESOLUTION commending the Forsyth County Sheriff's Department and inviting Sheriff Duane Piper and his staff to be recognized by the House of Representatives; and for other purposes.
HR 402. By Representatives Kidd of the 145th, Smyre of the 135th and Geisinger of the 48th:
A RESOLUTION honoring the life and memory of Johnnie Lafayette Caldwell, Sr., and inviting his son, Representative Johnnie Caldwell, Jr., and daughters, Patricia Caldwell Cox and Barbara Caldwell Johnson, to be recognized by the House of Representatives; and for other purposes.
HR 403. By Representatives Smyre of the 135th and Dukes of the 154th:
A RESOLUTION recognizing February 18, 2015, as the seventh 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 404. By Representatives Dickey of the 140th, Bentley of the 139th, Clark of the 147th, Carter of the 175th and Harden of the 148th:
A RESOLUTION commending the Miss Georgia Peach Scholarship Pageant and the 2014 Georgia Peach Queens and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 405. By Representatives Dudgeon of the 25th, Hamilton of the 24th and Duncan of the 26th:
A RESOLUTION commending Change 4 Georgia and inviting the group to be recognized by the House of Representatives; and for other purposes.
HR 406. By Representatives Greene of the 151st, Ealum of the 153rd, Dukes of the 154th and Rynders of the 152nd:
A RESOLUTION recognizing February 26, 2015, as Albany-Dougherty County Day at the capitol, commending the Albany Area Chamber of Commerce, and inviting its 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:
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613
HR 44 HR 337 HR 339 HR 342 HR 345
Do Pass Do Pass Do Pass Do Pass Do Pass
HR 133 HR 338 HR 340 HR 343 HR 346
Do Pass 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 44. By Representatives Dickey of the 140th, Peake of the 141st and Holmes of the 129th:
A RESOLUTION commending Deputy Jeffery Graham Wilson and inviting him and Monroe County Sheriff's Deputies to be recognized by the House of Representatives; and for other purposes.
HR 133. By Representatives Buckner of the 137th and Trammell of the 132nd:
A RESOLUTION commending Camp Dream on their 20th anniversary, recognizing February 25, 2015, as Camp Dream Day, and inviting representatives of Camp Dream to be recognized by the House of Representatives; and for other purposes.
HR 337. By Representatives Williams of the 119th, Quick of the 117th, Frye of the 118th, Rogers of the 29th, Jones of the 47th and others:
A RESOLUTION recognizing February 19, 2015, as University of Georgia Day at the state capitol, congratulating the University of Georgia on its 230th anniversary of becoming the first state-chartered institution in the United States of America, and inviting Jere Morehead, president of the University of Georgia, to be recognized by the House of Representatives; and for other purposes.
HR 338. By Representatives Smith of the 70th, Williams of the 119th, Epps of the 144th, Holmes of the 129th, Rhodes of the 120th and others:
A RESOLUTION recognizing and commending the Jasper-Jones County Forestry Unit upon being named the Georgia Forestry Commission 2014 Northern Unit of the Year and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 339. By Representatives Carter of the 175th, Harden of the 148th and Abrams of the 89th:
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A RESOLUTION recognizing and commending the State YMCA of Georgia and its Center for Civic Engagement and "Y" Club programs which sponsor Youth Assembly, among other programs that cultivate youth civic engagement, and inviting Randall Trammell, Josh Moore, Andrew Mitchell, Dalton Touchberry, and Hogan Tuell to be recognized by the House of Representatives; and for other purposes.
HR 340. By Representatives Smith of the 70th, Stover of the 71st, Trammell of the 132nd and Ramsey of the 72nd:
A RESOLUTION commending Lynn Whiteside, weaver of the official tartan of Georgia, and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 342. By Representatives Turner of the 21st and Cantrell of the 22nd:
A RESOLUTION commending the Sequoyah High School volleyball team for winning the 2014-2015 Class 5A State Championship and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 343. By Representatives Martin of the 49th, Ralston of the 7th, Jones of the 47th, Duncan of the 26th, Roberts of the 155th and others:
A RESOLUTION commending John Andrew Smoltz for his contributions to the State of Georgia; recognizing his outstanding achievements in the sport of baseball; and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 345. By Representatives McCall of the 33rd, Epps of the 144th and England of the 116th:
A RESOLUTION commending Walter Parks on being named the 2013-2014 Georgia Association of Career and Technical Educators Teacher of the Year for Agriculture and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 346. By Representatives McCall of the 33rd, Epps of the 144th, England of the 116th and Roberts of the 155th:
A RESOLUTION commending Doyle Floyd on being named 2014 Georgia FFA Alumni Outstanding Agriculture Educator of the Year and inviting him to be recognized by the House of Representatives; and for other purposes.
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615
The following Resolutions of the House were read and adopted:
HR 407. By Representative O`Neal of the 146th:
A RESOLUTION recognizing February 17, 2015, as Georgia CORE (Georgia Center for Oncology Research and Education) Day at the capitol; and for other purposes.
HR 408. By Representative Cheokas of the 138th:
A RESOLUTION recognizing and commending Kerman Douglas Goodin II, outstanding Georgia citizen and Eagle Scout; and for other purposes.
HR 409. By Representatives Gravley of the 67th, Bruce of the 61st, Hightower of the 68th, Alexander of the 66th and Jones of the 62nd:
A RESOLUTION commending Randy Daniel and congratulating him upon being named 2014 Coroner of the Year; and for other purposes.
HR 410. By Representative Dudgeon of the 25th:
A RESOLUTION recognizing and commending Chase Beckman; and for other purposes.
HR 411. By Representatives Dudgeon of the 25th, Hamilton of the 24th and Duncan of the 26th:
A RESOLUTION commending Remington Miles Youngblood, founder and president of Change 4 Georgia; and for other purposes.
HR 412. By Representative Cheokas of the 138th:
A RESOLUTION honoring the life and memory of Stephen "Steve" Pace, Jr., and expressing regrets at his passing; and for other purposes.
HR 413. By Representative Glanton of the 75th:
A RESOLUTION recognizing and commending the Empire Board of Realtists, Inc.; and for other purposes.
HR 414. By Representatives Duncan of the 26th, Dudgeon of the 25th, Cantrell of the 22nd, Ramsey of the 72nd, Hamilton of the 24th and others:
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A RESOLUTION commending Brooke Hasfjord for being chosen as part of Team USA to compete in the 2015 Special Olympics World Summer Games; and for other purposes.
HR 415. By Representatives Powell of the 32nd, Jasperse of the 11th, Petrea of the 166th, Clark of the 147th, Glanton of the 75th and others:
A RESOLUTION commending police chiefs and other heads of law enforcement agencies in this state and recognizing Tuesday, February 24, 2015, as Police Chiefs and Heads of Law Enforcement Agencies Recognition Day at the capitol; and for other purposes.
HR 416. By Representative Bruce of the 61st:
A RESOLUTION commending Dr. Mary Ann Smith Wilson; and for other purposes.
HR 417. By Representative Bruce of the 61st:
A RESOLUTION commending Charles Black on the active role he played in the civil rights movement; 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 18, 2015
617
Representative Hall, Atlanta, Georgia
Wednesday, February 18, 2015
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:
Abrams Alexander Allison Anderson Atwood Ballinger E Barr Battles Beasley-Teague Bell Belton Bennett Bentley Benton Beskin Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter E Casas Chandler Cheokas Clark, D Clark, H Clark, V Coleman Cooke
Coomer Cooper Corbett E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Ealum E Efstration Ehrhart England Epps Evans Fleming Fludd Frazier Frye E Gasaway Geisinger Glanton E Golick Gordon Gravley Greene Hamilton Harbin
Harden Harrell Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. E Jones, L Jones, S E Jordan Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lumsden Mabra Marin Martin Maxwell Mayo E McCall McClain Meadows
Mitchell Morris Nimmer Nix O'Neal Pak Parrish Parsons E Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sims Smith, E
Smith, L Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R E Stephenson Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Teasley Thomas, A.M. Thomas, E Trammell Turner Waites Watson Welch Weldon Werkheiser Wilkerson E 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 Floyd of the 99th, Gardner of the 57th, Jacobs of the 80th, Mosby of the 83rd, Oliver of the 82nd, and Taylor of the 79th.
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They wished to be recorded as present.
Prayer was offered by Bishop Aaron B. Lackey, Sr., Temple of Prayer, Fairburn, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 361. By Representatives Welch of the 110th, Coomer of the 14th, Weldon of the 3rd, Rogers of the 10th, Dickey of the 140th and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the O.C.G.A., relating to the Juvenile Code, so as to enact reforms as recommended by the Georgia Council on Criminal Justice Reform with respect to juveniles; to revise defined terms; to clarify and harmonize statutory language; to clarify transfer criteria; to amend Code Section 17-1014 of the O.C.G.A., relating to committal of person under 17 convicted of felony, so as to correct a cross-reference; to amend Title 15 of the Official
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Code of Georgia Annotated, relating to courts, so as to provide for prosecuting attorneys to be involved in and prosecute cases wherein a child is alleged to be in need of services; to provide for related matters; to provide for an effective date and contingent effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 362. By Representatives Clark of the 101st, Cooper of the 43rd, Fleming of the 121st, Coleman of the 97th, Carter of the 175th and others:
A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education; 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 albuterol sulfate for schools; to authorize pharmacists to fill such prescriptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 363. By Representatives Powell of the 171st, Knight of the 130th, Harbin of the 122nd, Harrell of the 106th and Stephens of the 164th:
A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rooms, lodgings, and accommodations, 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 364. By Representatives Powell of the 171st, Knight of the 130th, Harbin of the 122nd, Harrell of the 106th and Stephens of the 164th:
A BILL to be entitled an Act to amend Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to change certain provisions regarding the real estate transfer tax; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
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HB 365. By Representatives Powell of the 171st, Knight of the 130th, Harbin of the 122nd, Harrell of the 106th and Stephens of the 164th:
A BILL to be entitled an Act to amend Chapter 5C of Title 48 of the Official Code of Georgia Annotated, relating to alternative ad valorem tax on motor vehicles, 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 366. By Representatives Strickland of the 111th, Hamilton of the 24th, Bryant of the 162nd, Pruett of the 149th, Stephens of the 164th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to regulation of employment of minors, so as to change certain provisions related to the employment of minors; to change certain provisions relating to the issuance of employment certificates for minors; to change certain provisions related to identification cards required for the employment of minors; to provide for gender neutrality; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required, so as to provide that certain documents relating to the employment of minors as actors or performers shall be exempt from such disclosure; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 367. By Representatives Quick of the 117th, Williams of the 119th, Frye of the 118th, Fleming of the 121st, Atwood of the 179th and others:
A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of judges of superior courts, so as to provide for a fourth judge of the superior courts of the Western Judicial Circuit; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 368. By Representatives Strickland of the 111th, Hamilton of the 24th, Bryant of the 162nd, Pruett of the 149th, Broadrick of the 4th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings relative to the standards and requirements for construction, alteration, and other matters, so
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as to repeal and reserve Part 5 of said article, relating to glass installations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 369. By Representatives Nix of the 69th, Ehrhart of the 36th, Rogers of the 29th, Battles of the 15th, Dickson of the 6th and others:
A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales tax for educational purposes, so as to change certain provisions regarding distribution of the sales tax for educational purposes; to provide for related matters; to provide for contingent effectiveness; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 370. By Representatives Fleming of the 121st, Wilkerson of the 38th, Fludd of the 64th, England of the 116th, Powell of the 32nd and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; to provide for exceptions; to provide for refunds of certain civil penalties and fees; to provide for legislative findings; 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 371. By Representatives Corbett of the 174th, Shaw of the 176th, Sharper of the 177th and Carter of the 175th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Lake Park, approved April 17, 1973 (Ga. L. 1973, p. 3074), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4123), so as to provide for the election and terms of office of the mayor and councilmen; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
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HB 372. By Representatives Coomer of the 14th, Glanton of the 75th, Nimmer of the 178th, Dickey of the 140th, Coleman of the 97th and others:
A BILL to be entitled an Act to amend Code Section 20-2-2068.2 of the Official Code of Georgia Annotated, relating to a facilities fund for charter schools, so as to prohibit additional requirements of a charter school to operate that has passed state facility inspections and received a certificate of occupancy; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 373. By Representative Powell of the 32nd:
A BILL to be entitled an Act to amend Code Section 40-2-152 of the Official Code of Georgia Annotated, relating to fees and alternative ad valorem taxation of apportionable vehicles, so as to revise and change certain provisions regarding the distribution of alternative ad valorem tax proceeds; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 374. By Representatives Nix of the 69th, Shaw of the 176th, Carter of the 175th, England of the 116th, Williams of the 119th and others:
A BILL to be entitled an Act to amend Part 5 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to an exemption from ad valorem taxation for certain farm equipment held for sale in dealer inventory, so as to provide for additional qualifications; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 375. By Representatives Powell of the 171st, Fleming of the 121st, Hightower of the 68th, Hitchens of the 161st, Powell of the 32nd and others:
A BILL to be entitled an Act to amend Code Section 40-6-15 of the Official Code of Georgia Annotated, relating to knowingly driving a motor vehicle with a suspended, canceled, or revoked vehicle registration, so as to change provisions relating to a plea of nolo contendre; to provide for related matters; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Judiciary Non-Civil.
HB 376. By Representatives Marin of the 96th, Casas of the 107th, Abrams of the 89th, Stephens of the 164th and Mitchell of the 88th:
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 377. By Representatives Fleming of the 121st, Atwood of the 179th, Trammell of the 132nd, Rhodes of the 120th and Kelley of the 16th:
A BILL to be entitled an Act to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for payment and disposition of fines and forfeitures, so as to provide for the collection of delinquent fines and statutory surcharges; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 378. By Representatives Turner of the 21st and Rice of the 95th:
A BILL to be entitled an Act to amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicles, so as to revise the definition of "low-speed vehicle" to include gasoline powered motor vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 379. By Representatives Dickerson of the 113th, Welch of the 110th, Rutledge of the 109th and Belton of the 112th:
A BILL to be entitled an Act to authorize the City of Porterdale 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
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"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 380. By Representatives Nix of the 69th, Trammell of the 132nd and Pezold of the 133rd:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Troup County; to provide for severability; to provide a short title; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 381. By Representatives Welch of the 110th, Willard of the 51st, Jacobs of the 80th, Atwood of the 179th and Strickland of the 111th:
A BILL to be entitled an Act to amend Title 45 of the O.C.G.A., relating to public officers and employees, so as to repeal Chapter 17, relating to notaries public, and enact the "Revised Georgia Law on Notarial Acts of 2015"; 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 revise crossreferences; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 382. By Representative Mitchell of the 88th:
A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances generally, so as to provide for release upon recognizance under certain circumstances; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 383. By Representatives Holcomb of the 81st, Harbin of the 122nd and Smith of the 134th:
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A BILL to be entitled an Act to amend Code Section 47-20-87 of the Official Code of Georgia Annotated, relating to eligible large retirement systems authorized to invest in certain alternative investments, so as to modify provisions related to alternative investments; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 384. By Representative Werkheiser of the 157th:
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 returns and furnishing of information, so as to provide that the commissioner may require each employer to submit a statement for each employee or payee certain information by January 31 of each year; to provide that the commissioner may require certain employers to submit such statements electronically; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 385. By Representatives Nimmer of the 178th, Dickey of the 140th, Rogers of the 10th and Coomer of the 14th:
A BILL to be entitled an Act to amend Code Section 31-33-3 of the Official Code of Georgia Annotated, relating to costs of copying and mailing and patient's rights as to records, so as to move responsibility for determining the annual cost adjustment for providing medical records from the Office of Planning and Budget to the Department of Community Health; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 386. By Representatives Nimmer of the 178th, Dickey of the 140th, Rogers of the 10th and Coomer of the 14th:
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 repeal Chapter 12, relating to the Georgia Coordinating Committee for Rural and Human Services Transportation; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
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HR 394. By Representatives Nix of the 69th, Ehrhart of the 36th, Rogers of the 29th, Battles of the 15th, Dickson of the 6th and others:
A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to provide for distribution of the net proceeds of a sales and use tax for educational purposes between a county school system and one or more independent school systems located in such county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Education.
HR 395. By Representatives Greene of the 151st, Nix of the 69th, Pezold of the 133rd, Smith of the 134th, Smyre of the 135th and others:
A RESOLUTION creating the Joint Georgia-Alabama Study Committee; and for other purposes.
Referred to the Committee on Interstate Cooperation.
HR 396. By Representatives Jones of the 53rd and Gardner of the 57th:
A RESOLUTION recognizing Mr. Willie A. Watkins and dedicating a bridge in his honor; and for other purposes.
Referred to the Committee on Transportation.
HR 397. By Representatives O`Neal of the 146th, Powell of the 171st, Abrams of the 89th, Harrell of the 106th and Meadows of the 5th:
A RESOLUTION encouraging the United States Congress to support equity and sales tax fairness; and for other purposes.
Referred to the Committee on Ways & Means.
HR 398. By Representatives Gravley of the 67th, Bruce of the 61st, Hightower of the 68th, Alexander of the 66th and Jones of the 62nd:
A RESOLUTION honoring the life of Captain Herb Emory and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
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HR 399. By Representatives Brockway of the 102nd, Pezold of the 133rd, Stover of the 71st, Glanton of the 75th, Prince of the 127th and others:
A RESOLUTION creating the House Study Committee on Alternatives to Runoffs; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 418. By Representatives Clark of the 98th, Barr of the 103rd, Jones of the 167th, Cooke of the 18th, Brockway of the 102nd and others:
A RESOLUTION encouraging local boards of education to conduct annual screenings of the film America: Imagine the World Without Her for students in eighth grade and eleventh grade; and for other purposes.
Referred to the Committee on Education.
By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:
HB 342 HB 344 HB 346 HB 348 HB 350 HB 352 HB 354 HB 356 HB 358 HB 360 SR 7
HB 343 HB 345 HB 347 HB 349 HB 351 HB 353 HB 355 HB 357 HB 359 SB 8
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 115 Do Pass, by Substitute HB 298 Do Pass
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Respectfully submitted, /s/ Willard of the 51st
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 18 Do Pass HB 261 Do Pass, by Substitute
HB 85 Do Pass HB 340 Do Pass
Respectfully submitted, /s/ Maxwell of the 17th
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 246 Do Pass
Respectfully submitted, /s/ Knight of the 130th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 18, 2015
Mr. Speaker and Members of the House:
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The Committee on Rules has fixed the calendar for this 17th Legislative Day as enumerated below:
DEBATE CALENDAR
Open Rule
HB 104
State Properties Code; applicability of public bidding processes for certain conveyances; clarify (SProp-Dunahoo-30th)
Modified Open Rule
HB 87 HB 90 HB 162
Retirement and pensions; Code Revision Commission; revise title (JudyWillard-51st) Code Revision Commission; repeal portions of said Code, or Acts; provisions (Substitute)(Judy-Willard-51st) Insurance; provide for insurance compliance self-evaluative privilege; provisions (Substitute)(Ins-Shaw-176th)
Modified Structured Rule
HB 119
AIDS; disclosure of such information under certain circumstances; change provisions (Judy-Reeves-34th)
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. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
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SB 18. By Senators Harbison of the 15th, Davenport of the 44th, Jones of the 10th, Fort of the 39th, James of the 35th 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 provide that the Technical College System of Georgia shall establish policies for granting academic credit to students for college level learning acquired prior to enrollment from military service, work experience, service in the community, or independent study; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 62. By Senators Harper of the 7th, Tolleson of the 20th, Bethel of the 54th, Jeffares of the 17th, Ginn of the 47th and others:
A BILL to be entitled an Act to amend Code Section 15-9-30.3 of the Official Code of Georgia Annotated, relating to jurisdiction over Game and Fish Code misdemeanor violations, so as to remove certain limitations on the jurisdiction of the probate courts over game and fish violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 36. By Representatives Randall of the 142nd, Epps of the 144th, Peake of the 141st, Dickey of the 140th and Beverly of the 143rd:
A BILL to be entitled an Act to amend an Act entitled "Macon Water Commissioners - Pension Plan," approved December 30, 1953 (Ga. L. 1953, p. 2831), as amended, particularly by an Act approved May 1, 2012 (Ga. L. 2012, p. 5637), so as to repeal a provision permitting the assignment of pension rights; to repeal conflicting laws; and for other purposes.
HB 181. By Representative Bentley of the 139th:
A BILL to be entitled an Act to amend an Act to reincorporate and provide a new charter for the City of Marshallville in Macon County, approved March 19, 1987 (Ga. L. 1987, p. 3993), so as to revise the manner of filling a vacancy in the office of mayor or councilmember; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 188. By Representative Shaw of the 176th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for Lanier County, approved March 7, 1933 (Ga. L. 1933, p. 602), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3768), so as to revise the districts for the election of members of the
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board of commissioners; to provide for definitions and inclusions; to provide for the manner of election; to provide for the continuation in office of current members; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 189. By Representative Shaw of the 176th:
A BILL to be entitled an Act to amend an Act creating a new Board of Education of Lanier County, approved March 13, 1970 (Ga. L. 1970, p. 2709), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3763), so as to revise the education districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for terms and continuation in office of current members; to provide for 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:
SR 254. By Senators Orrock of the 36th, Unterman of the 45th, Butler of the 55th, Tate of the 38th, Hufstetler of the 52nd and others:
A RESOLUTION recognizing September 28-October 2, 2015, as Malnutrition Awareness Week in the State of Georgia; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 18.
By Senators Harbison of the 15th, Davenport of the 44th, Jones of the 10th, Fort of the 39th, James of the 35th 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 provide that the Technical College System of Georgia shall establish policies for granting academic credit to students for college level learning acquired prior to enrollment from military service, work experience, service in the community, or independent study; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
SB 62.
By Senators Harper of the 7th, Tolleson of the 20th, Bethel of the 54th, Jeffares of the 17th, Ginn of the 47th and others:
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A BILL to be entitled an Act to amend Code Section 15-9-30.3 of the Official Code of Georgia Annotated, relating to jurisdiction over Game and Fish Code misdemeanor violations, so as to remove certain limitations on the jurisdiction of the probate courts over game and fish violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Yates of the 73rd, Glanton of the 75th, Nimmer of the 178th et al., Pezold of the 133rd, and Rogers of the 10th et al.
Pursuant to HR 339, the House recognized and commended the State YMCA of Georgia and its Center for Civic Engagement and "Y" Club programs which sponsor Youth Assembly, among other programs that cultivate youth civic engagement, and invited Randall Trammell, Josh Moore, Andrew Mitchell, Dalton Touchberry, and Hogan Tuell to be recognized by the House of Representatives.
Pursuant to HR 43, the House honored the life and memory of Herman Jerome "HJ" Russell, Sr., and invited his family to be recognized by the House of Representatives.
By unanimous consent, the following Bill of the House was postponed until the next legislative day:
HB 162. By Representatives Shaw of the 176th, Efstration of the 104th, Taylor of the 173rd, Lumsden of the 12th and Maxwell of the 17th:
A BILL to be entitled an Act to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide for insurance compliance self-evaluative privilege; to provide for intent; to provide for definitions; to provide for an insurance compliance self-evaluative audit document as privileged information; to provide for inadmissibility in certain legal actions; to provide for applications and exceptions; to provide for the burden of proof; to provide for related matters; to provide for an automatic repeal date; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
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HB 90. 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, correct errors or omissions in, and reenact the statutory portion of said Code, as amended, 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 provide for other matters relating to revision, reenactment, and publication of said Code; to provide for effect in event of conflicts; 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 the Official Code of Georgia Annotated, so as to revise, modernize, correct errors or omissions in, and reenact the statutory portion of said Code, as amended, 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 provide for other matters relating to revision, reenactment, and publication of said Code; to provide for effect in event of conflicts; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Reserved.
SECTION 1.
Reserved.
SECTION 2.
Reserved.
SECTION 3.
Reserved.
SECTION 4.
Reserved.
SECTION 5.
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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 7-1-95, which is repealed, by designating said Code section as reserved. (2) Code Section 7-1-621, relating to definitions relative to interstate acquisitions of banks and bank holding companies, in subparagraph (A) of paragraph (4), by deleting "the Office of Thrift Supervision," which refers to an obsolete entity. (3) Code Section 7-1-650, relating to the powers of operation and regulation relative to credit unions, at the end of paragraph (9), by inserting "and". (4) Code Section 7-1-668, relating to the conversion of state and federal credit unions, at the end of paragraph (2) of subsection (b), by inserting "and". (5) Code Section 7-1-683.1, relating to locations for conduct of business, contracting with authorized agent, and requirements of an agent in the sale of payment instruments, in paragraph (5) of subsection (c), by replacing "but not limited," with "but not limited to,". (6) Code Section 7-1-685, relating to the expiration and renewal of licenses relative to the sale of payment instruments, at the end of the second sentence, by replacing "regulation" with "regulations". (7) Code Section 7-1-689, relating to record keeping, investigations and examinations by the Department of Banking and Finance, subpoenas, confidentiality, and limitations on civil liability, in paragraphs (1), (5), and (6) of subsection (l), by replacing "fax" with "facsimile". (8) Code Section 7-1-698, relating to the continuing effectiveness of existing licenses relative to the sale of checks and money orders, by replacing "Article 4 of Chapter 1 of this title" with "the former provisions of this article". (9) Code Section 7-1-706, relating to record keeping obligations, investigations and examinations by the department, examination fees, administration of oaths and issuing of subpoenas, confidentiality, and civil liability, in paragraphs (1) and (5) of subsection (l), by replacing "fax" with "facsimile". (10) Code Section 7-1-709.2, relating to the continuing effectiveness of existing licenses relative to the cashing of payment instruments, by replacing "Article 4 of Chapter 1 of this title" with "the former provisions of this article". (11) Code Section 7-1-1000, relating to definitions relative to licensing of mortgage lenders and mortgage brokers, in paragraph (11), by deleting "the Director of the Office of Thrift Supervision,", which refers to an obsolete entity and in paragraph (22), by replacing "paragraph (5) of subsection (a) of Code Section 7-1-1002" with "subsection (a.1) of Code Section 7-1-1002". (12) Code Section 7-1-1002, relating to the transaction of business without a license, registration, or exemption prohibited, knowing purchase of mortgage loan from
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unlicensed or nonexempt broker or lender prohibited, and liability of persons controlling violators, in subsection (a), in paragraph (2), by deleting "a person", in paragraph (3), by deleting "such person" and by adding "or" at the end, in paragraph (4), by replacing "; or" with a period at the end, and in paragraph (5), by redesignating said paragraph as subsection (a.1) and in subsection (c), by replacing "subsection (a)" with "subsection (a), (a.1),". (13) Code Section 7-1-1019, relating to criminal penalties relative to the licensing of mortgage lenders and mortgage brokers, in paragraph (1), by replacing "subsection (a)" with "subsection (a) or (a.1)".
SECTION 8.
Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended in: (1) Code Section 8-2-24, relating to the appointment of an advisory committee, reimbursement of members for expenses, use of subcommittees, submittal of proposed amendments, modifications, and new provisions to committee and meeting times of committee relative to the Department of Community Affairs, in paragraph (1) of subsection (a), by replacing "Georgia Safety Fire Commissioner" with "Safety Fire Commissioner". (2) Code Section 8-2-131, relating to definitions relative to manufactured homes, in paragraph (1), by replacing "Georgia Safety Fire Commissioner" with "Safety Fire Commissioner". (3) Code Section 8-2-160, relating to definitions relative to installation of manufactured homes and mobile homes, in paragraph (1), by replacing "Georgia Safety Fire Commissioner" with "Safety Fire Commissioner".
SECTION 9.
Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended in: (1) Code Section 9-11-124, relating to the form of motion for production of documents under Code Section 9-11-34, near the end of the form, by deleting the comma following "A.B.".
SECTION 10.
Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended in: (1) Code Section 10-5-30, relating to registration requirements for broker-dealers and exemptions, in paragraph (2) of subsection (b), by replacing "the Federal Deposit Insurance Corporation, or the Office of Thrift Supervision" with "or the Federal Deposit Insurance Corporation", as the Office of Thrift Supervision is an obsolete entity.
Reserved.
SECTION 11.
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SECTION 12.
Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended in: (1) Code Section 12-2-8, relating to promulgation of minimum standards and procedures for protection of natural resources, environment, and vital areas of state and stream and reservoir buffers, at the end of subparagraphs (g)(1)(A) and (g)(2)(B), by deleting "and". (2) Code Section 12-5-546.2, relating to the notification in advance of any state funded augmentation projects relative to the Flint River, in subsection (c), by replacing "board of natural resources" with "board".
Reserved.
SECTION 13.
SECTION 14.
Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended in: (1) Code Section 14-5-5, which is repealed, by designating said Code section as reserved. (2) Code Section 14-5-10, which is repealed, by designating said Code section as reserved.
SECTION 15.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in: (1) Code Section 15-1-16, relating to mental health court divisions, by redesignating paragraph (10) of subsection (b) as new paragraph (3) of subsection (a) and in such newly redesignated paragraph, by replacing "As used in this Code section, the term 'risk and needs assessment'" with "'Risk and needs assessment'. (2) Code Section 15-6-28.1, which is reserved, by designating said Code section as repealed. (3) Code Section 15-6-88.2, relating to the monthly contingent expense allowance schedule for the operation of the office of clerk of the superior court, in the right-hand column of the schedule heading, by replacing "Expense" with "Expenses". (4) Code Section 15-9-64.1, relating to the monthly contingent expense allowance schedule for the operation of the office of judge of the probate court, in the right-hand column of the schedule heading, by replacing "Expense" with "Expenses". (5) Code Section 15-10-23.1, relating to the monthly contingent expense allowance for the operation of the office of magistrate court, in the right-hand column of the schedule heading, by replacing "Expense" with "Expenses". (6) Code Section 15-10-54, relating to the use of personally identifiable data in court documentation and redaction relative to civil proceedings in the magistrate court, at the end of the introductory paragraph of subsection (a), by replacing "birth date" with "birth date shall include only".
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(7) Code Section 15-10-105.2, relating to the monthly contingent expense allowance for the operation of the office of magistrate court, in the right-hand column of the schedule heading, by replacing "Expense" with "Expenses". (8) Code Section 15-11-481, relating to victim impact statement in delinquency proceedings, in subsection (f), by replacing "subsection (b)" with "subsection (d)" both times the term appears. (9) Code Section 15-16-20.2, relating to the monthly contingent expense allowance for the operation of the sheriff's office, in the right-hand column of the schedule heading, by replacing "Expense" with "Expenses".
SECTION 16. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in: (1) Code Section 16-8-14.1, relating to refund fraud, in subsection (c), at the end of paragraph (1), by replacing the semicolon with a period and at the end of paragraph (2), by replacing "; and" with a period. (2) Code Section 16-11-90, relating to the prohibition on nude or sexually explicit electronic transmissions, in subsection (e), at the end of paragraph (4), by deleting "or" and at the beginning of paragraph (6), by replacing "The transmission is" with "A transmission that is". (3) Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on a bus or other transportation furnished by a school, in paragraph (1) of subsection (b), by replacing "within a school safety zone or at a school function" with "within a school safety zone, at a school function". (4) Code Section 16-11-138, relating to defense of self or others as an absolute defense relative to the carrying and possession of firearms, by replacing "Title 16" with "this title". (5) Code Section 16-11-160, relating to the use of machine guns, sawed-off rifles, sawed-off shotguns, or firearms with silencers during the commission of certain offenses and enhanced criminal penalties, in paragraph (1) of subsection (a), by replacing "or a firearm" with "or firearm". (6) Code Section 16-11-171, relating to definitions relative to the Brady law regulations, at the end of paragraph (2), by deleting ", or Chapter 16 of Title 43.". (7) Code Section 16-12-129, relating to defense of self or others as an absolute defense to any violation under the "Transportation Passenger Safety Act," by replacing "Title 16" with "this title". (8) Code Section 16-13-21, relating to definitions relative to the "Georgia Controlled Substances Act," in the introductory language of paragraph (10), by inserting a comma following "United States", in paragraph (23), subparagraphs (A) and (B), by replacing "or to administer" with "or administer" and subparagraphs (C) and (D), by replacing "federal Drug Enforcement Administration" with "DEA", and in paragraph (26.1), by replacing "Federal" with "federal".
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(9) Code Section 16-13-29, relating to Schedule V controlled substances under the "Georgia Controlled Substances Act," in paragraph (5), by deleting "(OTC)", by replacing "U.S. Drug Enforcement Administration (DEA)" with "DEA", and by replacing "recordkeeping" with "record keeping". (10) Code Section 16-13-31, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine and penalties, in division (g)(2)(D)(ii), by deleting the second extraneous quotation mark after "Firearm". (11) Code Section 16-13-31.1, relating to trafficking in ecstasy, sentencing, and variation, in the introductory language of paragraph (4) of subsection (b), by replacing "paragraph" with "subsection". (12) Code Section 16-13-71, relating to the definition of a "dangerous drug," in paragraphs (512.5) and (671) of subsection (b), by replacing "see" with "See" and in paragraph (8) of subsection (e), by replacing "Federal" with "federal". (13) Code Section 16-14-3, relating to definitions relative to the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," by deleting paragraph (5), as such definition is not used in Chapter 14, and redesignating current paragraphs (6) through (12) as new paragraphs (5) through (11).
SECTION 17.
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in: (1) Code Section 17-5-52.1, relating to disposal of forfeited or abandoned firearms, innocent owners, auctions, record keeping, and liability of government entities, in paragraphs (1) and (2) of subsection (d), by deleting ", and Chapter 16 of Title 43 and who are authorized to receive such firearms under the terms of such license.". (2) Code Section 17-10-1, relating to the fixing of a sentence, suspension or probation of sentence, change in sentence, eligibility for parole, prohibited modifications, and exceptions, in subsection (d), by inserting "of subsection (a)" following "paragraph (2)".
SECTION 18.
Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, is amended in: (1) Code Section 18-5-3, relating to exemption for debt adjustment by certain individuals or entities, by deleting "the Office of Thrift Supervision,", which refers to an obsolete entity.
Reserved.
SECTION 19.
SECTION 20. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in: (1) Code Section 20-2-182, relating to program weights to reflect funds for payment of salaries and benefits, maximum class size, reporting requirements, and application to
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specific school years, in subsection (h), by deleting "pursuant to Code Section 20-2-232", as such reference is obsolete. (2) Code Section 20-2-200, relating to regulation of certificated professional personnel by the Professional Standards Commission, rules and regulations, and fees, in paragraphs (2) and (3) of subsection (b), by replacing "course work" with "coursework". (3) Code Section 20-2-217, relating to professional and staff development stipends relative to the State Board of Education, by deleting "required under Code Section 20-2232", as such reference is obsolete. (4) Code Section 20-2-320, relating to the Education Information Steering Committee, identification of data to implement the Quality Basic Education Program, and a statewide comprehensive educational information network, in subsection (c), by replacing "the House Budget and Research Office; the House Research Office; and the Senate Research Office" with "and the House Budget and Research Office" and by replacing "Appropriation Committees" with "Appropriations Committees". (5) Code Section 20-2-327, relating to recognition of advanced proficiency/honors courses and counseling and development of individual graduation plans, in paragraph (2) of subsection (a), by replacing "course work" with "coursework". (6) Code Section 20-3-45.1, relating to the powers and duties of the Georgia Historical Records Advisory Council, in paragraph (10), by replacing "this article" with "this part" each time the term appears. (7) Code Section 20-3-47.1, relating to the Division of Archives and History of the University System of Georgia as administrator of surplus state books, by replacing "this article" with "this part". (8) Code Section 20-3-519, relating to definitions relative to HOPE scholarships and grants, in paragraphs (26.1) and (27), by replacing "student that" with "student who" each time the term appears. (9) Code Section 20-3-519.5, relating to student eligibility requirements for a HOPE grant, in paragraph (1) of subsection (a), by replacing "towards" with "toward" and in subsection (c), by replacing "course work" with "coursework".
Reserved.
SECTION 21.
Reserved.
SECTION 22.
Reserved.
SECTION 23.
Reserved.
SECTION 24.
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SECTION 25. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended in: (1) Code Section 25-2-6, relating to the state fire marshal as head of the Safety Fire Division, by replacing "office of Commissioner" with "office of the Commissioner". (2) Code Section 25-2-12, relating to the adoption of state fire safety standards and enforcement, investigations, excuse from compliance with standards, and interpretation of standards and granting variances therefrom by the Commissioner of Insurance, at the end of subsection (b), by replacing "subsection (a) of Code Section 25-2-12" with "subsection (a) of this Code section". (3) Code Section 25-2-32, relating to the maintenance of records of fire losses, reports of losses by insurance companies, and reports of fires under provisions of the regulation of fire and other hazards to persons and property generally, in subsection (b), by replacing "office of the Safety Fire Commissioner" with "office of Safety Fire Commissioner". (4) Code Section 25-2-40, relating to the requirement of smoke detectors in new dwellings and dwelling units and exceptions, in subsection (h), by replacing "office of the Safety Fire Commissioner" with "office of Safety Fire Commissioner". (5) Code Section 25-3-24, relating to the authority of the executive director of the Georgia Firefighter Standards and Training Council to determine compliance of minimum requirements by local fire departments generally, by replacing "Georgia Forestry Commission" with "State Forestry Commission". (6) Code Section 25-4-3, relating to the Georgia Firefighter Standards and Training Council and its establishment and organization, advisory committee, and expenses and allowances, in the introductory language of subsection (a), by replacing "eleven" with "11". (7) Code Section 25-9-6, relating to the prerequisites to blasting or excavating and the marking of sites near utility facilities, in the introductory language of subsection (a), by replacing "facilities are either" with "facilities either are" and in subsection (b), by replacing "so as to not to obstruct signs" with "so as not to obstruct signs". (8) Code Section 25-9-13, relating to penalties for violations under the "Georgia Utility Facility Protection Act," bonds, enforcement, advisory committee, and dispose of settlement recommendations, in the introductory language of subsection (a), by replacing "subsections" with "subsection". (9) Code Section 25-11-8, relating to the requirement that installation, repair, or other work be performed or supervised by a certificate holder, in subsection (g), by replacing "Office of the Commissioner of Insurance" with "office of the Commissioner of Insurance".
SECTION 26. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended in:
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(1) Code Section 26-2-4, relating to the labeling, sale, or advertising of spring water, in subsection (a), by replacing "provided, however, water" with "provided, however, that water". (2) Code Section 26-2-231, relating to definitions relative to milk and milk products, by revising paragraphs (1) through (8) of subsection (b) as follows:
"(1) 'Grade A buttermilk' 'Raw cow's milk'; (2) 'Grade A chocolate milk' 'Grade A whole milk'; (3) 'Grade A milk, pasteurized'; (4) 'Grade A modified solids milk' 'Grade A skim milk'; (5) 'Grade A skim milk' 'Grade A buttermilk'; (6) 'Grade A whole milk' 'Grade A chocolate milk'; (7) 'Pasteurization' 'Grade A modified solids milk'; and (8) 'Raw cow's milk.' 'Pasteurization.'". (3) Code Section 26-2-249, relating to unlawful acts relative to milk and milk products, at the end of paragraph (11), by inserting "or". (4) Code Section 26-2-261, relating to classification of eggs, at the end of paragraph (1) of subsection (a), by inserting "and". (5) Code Section 26-2-296, relating to duties of the Commissioner of Agriculture, at the end of paragraph (1) of subsection (a), by replacing the period with "; and". (6) Code Section 26-3-8, relating to when a drug or device is deemed misbranded, at the end of paragraph (10), by inserting "or". (7) Code Section 26-4-5, relating to definitions relative to pharmacists and pharmacies, in paragraph (9), by replacing "eoasimilar" with "similar". (8) Code Section 26-4-21, relating to the eligibility requirements for members of the Georgia State Board of Pharmacy and their oath of office, in subsection (c), by replacing "Office of the Governor" with "office of the Governor" both times those terms appear.
SECTION 27. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended in: (1) Code Section 27-2-3.1, relating to hunting licenses, sportsman's license, license card carrier requirements, and creation of lifetime sportsman's licenses, by deleting reserved subsections (a) and (b) and redesignating current subsections (c) through (j) as new subsections (a) through (h), respectively. (2) Code Section 27-2-30, relating to the establishment of the Wildlife Endowment Fund and limitations on expenditures from the fund, in subsection (b), by replacing "subsection (f)" with "subsection (d)".
SECTION 28. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended in: (1) Code Section 28-9-5, relating to publication of the Official Code of Georgia Annotated, authority of the Code Revision Commission to make corrections and editorial
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changes, effect of changes, treatment of multiple amendments enacted at the same session, duty to prepare and have introduced legislation reenacting and correcting the Code, and effect of reenacting the Code, in subsection (b), by replacing "the order in which bills became law" with "the order in which bills became Acts" and in subsection (c), by replacing "Except as otherwise provided by law," with "Except as otherwise provided by general law,".
Reserved.
SECTION 29.
Reserved.
SECTION 30.
Reserved.
SECTION 31.
Reserved.
SECTION 32.
SECTION 33.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in: (1) Code Section 33-8-8.3, relating to the funding of services, or the reduction of ad valorem taxes, in unincorporated areas of counties and the powers and duties of a governing authority, at the end of subparagraph (a)(1)(D), by inserting "and". (2) Code Section 33-23-43, relating to the authority of insurance adjusters and penalty for violation, in the introductory language of paragraph (4) of subsection (c), by replacing "subsection" with "paragraph". (3) Code Section 33-23-43.1, relating to the requirements for public insurance adjuster contracts, at the beginning of the introductory language of subsection (a), by replacing "Requirements for public adjusters" with "Public adjusters". (4) Code Section 33-24-44, relating to cancellation of insurance policies generally, in subsection (b), by replacing "Code Section 33-24-14 in person" with "Code Section 3324-14, in person," and by replacing "United States mails" with "United States mail" and in subsection (e), by replacing "United States mails" with "United States mail". (5) Code Section 33-24-44.1, relating to procedure for cancellation of insurance policy by insured and notice, in subsection (b), by replacing "Code Section 33-24-14 in person" with "Code Section 33-24-14, in person,". (6) Code Section 33-24-45, relating to the cancellation or nonrenewal of automobile or motorcycle insurance policies and procedure for review by the Commissioner of Insurance, in paragraph (1) of subsection (e) and in subsection (m), by replacing "Code Section 33-24-14 in person" with "Code Section 33-24-14, in person," and by replacing "United States mails" with "United States mail".
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(7) Code Section 33-24-46, relating to the cancellation or nonrenewal of certain property insurance policies, in subsections (d) and (h), by replacing "Code Section 33-24-14 in person" with "Code Section 33-24-14, in person," and by replacing "United States mails" with "United States mail". (8) Code Section 33-24-47, relating to notice required of termination or nonrenewal, increase in premium rates, or change restricting coverage and failure of insurer to comply, in subsection (b), by replacing "Code Section 33-24-14 in person" with "Code Section 33-24-14, in person," and in subsection (f), by replacing "Code Section 33-24-14 by" with "Code Section 33-24-14 or by". (9) Code Section 33-24-47.1, relating to the notice prior to cancellation or nonrenewal of an individual or group accident and sickness insurance policy, in subsection (b), by replacing "United States mails" with "United States mail". (10) Code Section 33-30-13, relating to notices of premium increases to be mailed or delivered to group insurance policyholder and notification of impact of federal Patient Protection and Affordable Care Act, in subsections (b) and (c), by redesignating current subsection (c) as new subsection (b), as current subsection (b) was repealed on December 31, 2014. (11) Code Section 33-45-1, relating to definitions relative to continuing care providers and insurance facilities, by redesignating current paragraph (12) as new paragraph (13) and by redesignating current paragraph (13) as new paragraph (12), respectively, and reordering such paragraphs so as to put definitions in alphabetical order.
Reserved.
SECTION 34.
Reserved.
SECTION 35.
Reserved.
SECTION 36.
SECTION 37.
Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended in: (1) Code Section 37-2-6.1, relating to community service boards and the executive director, staff, budget, and facilities, powers and duties, and exemption from state and local taxation, by redesignating current paragraph (1) of subsection (a) as new subsection (a.1). (2) Code Section 37-4-40.1, which is reserved, by designating said Code section as repealed. (3) Code Section 37-4-40.2, which is reserved, by designating said Code section as repealed.
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(4) Code Section 37-4-40.3, which is reserved, by designating said Code section as repealed. (5) Code Section 37-4-40.4, which is reserved, by designating said Code section as repealed. (6) Code Section 37-4-40.5, which is reserved, by designating said Code section as repealed.
Reserved.
SECTION 38.
SECTION 39. Title 39 of the Official Code of Georgia Annotated, relating to minors, is amended in: (1) Code Section 39-2-10, which is repealed, by designating said Code section as reserved.
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 relative to motor vehicles and traffic, by redesignating current paragraphs (15.3), (15.5), and (15.6) as new paragraphs (15.1), (15.2), and (15.3), respectively. (2) Code Section 40-5-81, relating to program optional and certification and approval of courses relative to restoration of licenses, at the end of subsection (a), by adding a period.
SECTION 41. Title 41 of the Official Code of Georgia Annotated, relating to nuisances, is amended in: (1) Code Section 41-2-6, which is repealed, by designating said Code section as reserved.
SECTION 42.
Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended in: (1) Code Section 42-8-112, relating to timing for issuance of ignition interlock device limited driving permit, documentation required, and reporting requirement, in subparagraph (b)(2)(A), by replacing "permit" with "probationary license".
SECTION 43.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in: (1) Code Section 43-3-6, relating to the duties of executive director serving as the chief executive officer of the Georgia State Board of Accountancy, at the end of paragraph (5) of subsection (a), by replacing the period with a semicolon.
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(2) Code Section 43-10A-13, relating to requirements for licensure in marriage and family therapy, in paragraph (1) of subsection (a) and in subparagraphs (a)(2)(B) and (a)(2)(C), by replacing "course work" with "coursework". (3) Code Section 43-14-6, relating to powers and duties of divisions relative to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, in subparagraph (a)(4)(G), by replacing "conditioned air work" with "conditioned air contracting" each time the term appears. (4) Code Section 43-14-13, relating to applicability of chapter relative to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, in subsection (j), by replacing "conditioned air work" with "conditioned air contracting". (5) Code Section 43-26-53, relating to reportable incidents relative to mandatory reporting requirements for nurses, in subsection (b), by replacing "applicable board" with "board" each time the term appears.
SECTION 44. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in: (1) Code Section 44-14-65, which is repealed, by designating said Code section as reserved.
Reserved.
SECTION 45.
SECTION 46.
Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended in: (1) Code Section 46-5-1, relating to exercise of power of eminent domain by telephone companies, placement of posts and other fixtures, regulation of construction of fixtures, posts, and wires near railroad tracks, liability of telephone companies for damages, required information, and due compensation, in subparagraph (b)(9)(I), by replacing "32.5320" with "32.5230".
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 48-5C-1, relating to definitions, exemption from taxation, allocation and disbursement of proceeds collected by tag agents, fair market value of vehicle appealable, and report relative to alternative ad valorem tax on motor vehicles, in subparagraph (d)(15)(D), by replacing "this title" with "Title 40".
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(2) Code Section 48-8-2, relating to definitions relative to state sales and use tax, in paragraph (30.1), which is repealed, by deleting said paragraph designation; at the beginning of the second and third sentences of paragraph (37), by deleting the quotation marks around "Tangible personal property"; in the second sentence of the introductory text of paragraph (39), by deleting the quotation marks around "telecommunications service" and at the beginning of the third sentence, by deleting the quotation marks around "Telecommunications service"; and at the beginning of the second sentence of paragraph (43), by deleting the quotation marks around "Voice mail service".
SECTION 49.
Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended in: (1) Code Section 49-4-6, relating to reserves, income, and resources to be disregarded relative to public assistance, by deleting subsection (b), which contains obsolete references, and redesignating current subsection (c) as new subsection (b).
Reserved.
SECTION 50.
Reserved.
SECTION 51.
Reserved.
SECTION 52.
SECTION 53.
Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, is amended in: (1) Code Section 53-11-11, relating to authentication or exemplification of document to be filed in the probate court, by replacing "Code Section 24-7-922" with "Code Section 24-9-922".
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 2014 supplements to the Official Code of Georgia Annotated published under authority of the state in 2014 by LEXIS Publishing, are hereby reenacted. (b) Annotations; editorial notes; Code Revision Commission notes; research references; notes on law review articles; opinions of the Attorney General of Georgia; indexes;
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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 the provisions of this section and shall not be considered a part of any statutes. (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) The provisions contained in Sections 1 through 53 of this Act and in the other Acts enacted at the 2015 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. (e) 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 2015 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.
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 Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre
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Y Ballinger E Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin E Beverly Y Broadrick Y Brockway Y Brooks
Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H 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 Ealum E Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain
Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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.
HB 87. 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 revise, modernize, and correct errors or omissions in said title in furtherance of the work of the Code Revision Commission; to provide for effect in event of conflicts; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
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649
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger E Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin E Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum E Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 104. By Representatives Dunahoo of the 30th, Sims of the 123rd, Greene of the 151st, Maxwell of the 17th, Kidd of the 145th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the "State Properties Code," so as to clarify applicability of public bidding processes for certain conveyances; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.
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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger E Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin E Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum E Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 119. By Representatives Reeves of the 34th, Willard of the 51st, Fleming of the 121st and Mabra of the 63rd:
A BILL to be entitled an Act to amend Code Section 24-12-21 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential
WEDNESDAY, FEBRUARY 18, 2015
651
information, so as to change provisions relating to disclosure of such information under certain circumstances; to provide for procedure; 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 N Allison Y Anderson Y Atwood Y Ballinger E Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin E Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum E Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon N Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson N Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd N Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett N Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 N Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 157, nays 13.
The Bill, having received the requisite constitutional majority, was passed.
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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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 320 Do Pass HR 304 Do Pass
Respectfully submitted, /s/ Rogers of the 29th
Chairman
Pursuant to HR 231, the House commended Clayton State University; recognized February 18, 2015, as Clayton State University Day at the state capitol; and invited Dr. Thomas J. Hynes, President, Dr. Lila F. Roberts, Dean of the College of Information and Mathematical Sciences, Mrs. Camille Murner, Principal of Rex Mill Middle School, Larry Odum, student of Rex Mill Middle School, and Jonathan Conner, President of the Student Government Association, to be recognized by the House of Representatives.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 422. By Representatives Ehrhart of the 36th and Harbin of the 122nd:
A RESOLUTION commending Lucas Teague and inviting him to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations:
HR 344 HR 404 HR 406
Do Pass Do Pass Do Pass
HR 400 Do Pass HR 405 Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
WEDNESDAY, FEBRUARY 18, 2015
653
HR 344. By Representatives Rogers of the 29th, Williams of the 119th, Carter of the 175th and Caldwell of the 131st:
A RESOLUTION commending David Byers and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 400. 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 recognizing February 24, 2015, as Columbus State University and Columbus Day at the state capitol and inviting Mayor Teresa Tomlinson; President and CEO of TSYS and Chamber Chair, Troy Woods; Chamber's Young Professional Government Affair Chair, Walker Garrett; Interim CSU President, Tom Hackett; and CSU Student Body President, Rachel Green to be recognized by the House of Representatives; and for other purposes.
HR 404. By Representatives Dickey of the 140th, Bentley of the 139th, Clark of the 147th, Carter of the 175th and Harden of the 148th:
A RESOLUTION commending the Miss Georgia Peach Scholarship Pageant and the 2014 Georgia Peach Queens and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 405. By Representatives Dudgeon of the 25th, Hamilton of the 24th and Duncan of the 26th:
A RESOLUTION commending Change 4 Georgia and inviting the group to be recognized by the House of Representatives; and for other purposes.
HR 406. By Representatives Greene of the 151st, Ealum of the 153rd, Dukes of the 154th and Rynders of the 152nd:
A RESOLUTION recognizing February 26, 2015, as Albany-Dougherty County Day at the capitol, commending the Albany Area Chamber of Commerce, and inviting its members to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House and Senate were read and adopted:
HR 423. By Representatives McCall of the 33rd, Cooke of the 18th, LaRiccia of the 169th and Roberts of the 155th:
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A RESOLUTION commending the Georgia Young Farmers Association and recognizing February 25, 2015, as Young Farmers Day at the state capitol; and for other purposes.
HR 424. By Representatives Dollar of the 45th, Abrams of the 89th, Willard of the 51st, Jones of the 47th, Ramsey of the 72nd and others:
A RESOLUTION commending Taiwan for its relations with the United States; and for other purposes.
SR 254. By Senators Orrock of the 36th, Unterman of the 45th, Butler of the 55th, Tate of the 38th, Hufstetler of the 52nd and others:
A RESOLUTION recognizing September 28-October 2, 2015, as Malnutrition Awareness Week in the State of Georgia; and for other purposes.
The following communications were received:
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
January 30, 2015
TO:
MEMBERS OF THE GENERAL ASSEMBLY
FROM THE 7TH CONGRESSIONAL DISTRICT
RE:
CAUCUS TO ELECT 7TH CONGRESSIONAL DISTRICT
STATE TRANSPORTATION BOARD MEMBER
Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the 7th Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Wednesday, February 18, 2015, at 2:00 P.M.
Members of the Senate from those senatorial districts embraced or partly embraced within the 7th Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or
WEDNESDAY, FEBRUARY 18, 2015
655
partly embraced within the 7th 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 30, 2015
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 Wednesday, February 18, 2015, at 3:00 P.M.
Members of the Senate from those senatorial districts embraced or partly embraced within the 8th Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the 8th Congressional District are eligible to participate in said caucus.
Sincerely,
/s/ Wayne R. Allen Legislative Counsel
WRA:dd
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JOURNAL OF THE HOUSE
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
February 4, 2015
TO:
MEMBERS OF THE GENERAL ASSEMBLY
FROM THE 6TH CONGRESSIONAL DISTRICT
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 filling the vacancy for the remainder of the term of 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 Wednesday, February 18, 2015, at 4:00 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
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 19, 2015
657
Representative Hall, Atlanta, Georgia
Thursday, February 19, 2015
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:
Alexander Allison Atwood Ballinger E Barr Battles E Beasley-Teague Bell Belton E Bennett Bentley Beskin E Beverly Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carter Chandler Cheokas Clark, D Clark, H Clark, V Coleman Cooke Coomer Cooper Corbett
E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Floyd Fludd Frazier Frye Gardner Gasaway Geisinger Glanton Golick Gordon Gravley Greene Hamilton Harbin
Harden Harrell Hatchett Hawkins E Henson E Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. E Jones, L Jones, S E Jordan Kaiser Kelley E Kidd Kirby Knight LaRiccia Lumsden Mabra Marin Martin Maxwell Mayo McCall McClain
Meadows Mitchell Morris E Mosby Nimmer Nix O'Neal Pak Parrish Parsons E Peake Petrea Pezold Powell, A Powell, J Prince Quick Raffensperger Rakestraw Ramsey Rhodes Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sims Smith, E
Smith, L E Smith, M
Smith, R Spencer Stephens, M Stephens, R E Stephenson Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Trammell Turner Waites Watson Welch Weldon Werkheiser Wilkerson E Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker
Due to a mechanical malfunction, Representative Carson of the 46th was not recorded on the attendance roll call. He wished to be recorded as present.
The following members were off the floor of the House when the roll was called:
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Representatives Abrams of the 89th, Anderson of the 92nd, Casas of the 107th, Jacobs of the 80th, Kendrick of the 93rd, Oliver of the 82nd, Pruett of the 149th, Randall of the 142nd, Reeves of the 34th, and Smyre of the 135th.
They wished to be recorded as present.
Prayer was offered by Dr. Mark Walker, Senior Pastor, Mount Paran North Church of God, Marietta, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 387. By Representatives Kelley of the 16th, Jacobs of the 80th, Willard of the 51st, Mabra of the 63rd, Fleming of the 121st and others:
A BILL to be entitled an Act to amend Titles 7 and 18 of the Official Code of Georgia Annotated, relating to banking and finance and debtor and creditor, respectively, so as to enact a new chapter in Title 7, to regulate providers of
THURSDAY, FEBRUARY 19, 2015
659
debt settlement and debt management services; to repeal Chapter 5 of Title 18, relating to debt adjustments; to provide for a legislative purpose; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
HB 388. By Representative Harden of the 148th:
A BILL to be entitled an Act to provide that the judge of the Probate Court of Wilcox County shall also serve as the chief magistrate of the Magistrate Court of Wilcox County on or after June 1, 2015, or upon vacancy of the office of chief magistrate; to provide for the compensation of such judge for service as chief magistrate; to provide for the continuation in office and expiration of term of the current chief magistrate; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 389. By Representatives Harrell of the 106th, Abrams of the 89th, Knight of the 130th, Harbin of the 122nd and Ramsey of the 72nd:
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 390. By Representatives Duncan of the 26th, Knight of the 130th, Kelley of the 16th, Carson of the 46th, Rutledge of the 109th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding the state sales and use tax, so as to create an exemption for certain food and food ingredients; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
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HB 391. By Representatives Smith of the 134th, Smyre of the 135th, Abrams of the 89th, Harbin of the 122nd, Taylor of the 173rd and others:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide 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 an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 392. By Representatives Casas of the 107th, Ehrhart of the 36th, Teasley of the 37th, Duncan of the 26th, Williamson of the 115th and others:
A BILL to be entitled an Act to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to nonpublic postsecondary educational institutions, so as to specify the initial application and renewal fees for degree-granting and nondegree-granting nonpublic postsecondary educational institutions based on student enrollment; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 393. By Representatives Martin of the 49th, Maxwell of the 17th, Stover of the 71st, Dudgeon of the 25th, Brockway of the 102nd and others:
A BILL to be entitled an Act to amend Part 5 of Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle fair practices, so as to provide for an exception to restrictions on the ownership, operation, or control of dealerships by manufacturers and franchisors; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 394. By Representatives Cooper of the 43rd, Clark of the 101st, Hatchett of the 150th, Smith of the 134th, Rynders of the 152nd and others:
A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to revise various provisions relating to the licensure of registered professional nurses and
THURSDAY, FEBRUARY 19, 2015
661
licensed practical nurses; to revise provisions relating to the powers and duties of the Georgia Board of Nursing; to provide for acceptance of nursing education programs located outside the United States; to provide for a time period for applicants who do not pass the licensing examination; to revise provisions relating to renewal of licensure; 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 395. By Representatives Chandler of the 105th, Cooper of the 43rd, Pruett of the 149th, Dempsey of the 13th, Gardner of the 57th 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 a definition for the term "psychological testing"; to amend Code Section 37-11 of the Official Code of Georgia Annotated, relating to definitions relative to the general provisions governing and regulating mental health, so as to conform a cross-reference; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 419. By Representatives Sims of the 123rd, Frazier of the 126th, Howard of the 124th, Prince of the 127th and Smith of the 125th:
A RESOLUTION encouraging the United States Congress to extend authorization for the Augusta Canal National Heritage Area to receive federal funding from the National Park Service through 2021; and for other purposes.
Referred to the Committee on State Properties.
HR 420. By Representative McCall of the 33rd:
A RESOLUTION honoring the life and memory of Mr. Wayne J. Hawes and dedicating a bridge in his honor; and for other purposes.
Referred to the Committee on Transportation.
HR 421. By Representatives Werkheiser of the 157th, Jones of the 167th, Tankersley of the 160th, Burns of the 159th, Parrish of the 158th and others:
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A RESOLUTION dedicating the Georgia Grown Trail: 301; 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 361 HB 363 HB 365 HB 367 HB 369 HB 371 HB 373 HB 375 HB 377 HB 379 HB 381 HB 383 HB 385 HR 394 HR 396 HR 398 HR 418 SB 62
HB 362 HB 364 HB 366 HB 368 HB 370 HB 372 HB 374 HB 376 HB 378 HB 380 HB 382 HB 384 HB 386 HR 395 HR 397 HR 399 SB 18
Representative Casas of the 107th District, Chairman of the Committee on Code Revision, submitted the following report:
Mr. Speaker:
Your Committee on Code Revision has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 252 Do Pass, by Substitute
Respectfully submitted, /s/ Casas of the 107th
Chairman
THURSDAY, FEBRUARY 19, 2015
663
Representative Rynders of the 152nd 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 192 Do Pass, by Substitute
Respectfully submitted, /s/ Rynders of the 152nd
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 89 HB 211 HB 304
Do Pass Do Pass 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 82 Do Pass, by Substitute HB 199 Do Pass, by Substitute
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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 House and has instructed me to report the same back to the House with the following recommendations:
HB 217 HB 256 HB 266
Do Pass, by Substitute Do Pass Do Pass
Respectfully submitted, /s/ Battles of the 15th
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 170 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 THURSDAY, FEBRUARY 19, 2015
Mr. Speaker and Members of the House:
THURSDAY, FEBRUARY 19, 2015
665
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 100
HB 117 HB 164 HB 198
Education; date by which a child must reach a certain age in order to be eligible for enrollment in certain educational programs; change provisions (Substitute)(Ed-Dickson-6th) Employment security; modify definition of the term most recent employer; change certain provisions (I&L-Hamilton-24th) Professional Standards Commission; professional learning requirements for certification renewal; extend the suspension (Substitute)(Ed-Martin-49th) Jason Flatt Act-Georgia; enact (Ed-Dempsey-13th)
Modified Structured Rule
HB 95 SB 5
Local government investment pool; trust fund managed by state treasurer; provide (GAff-Tanner-9th) Georgia Ports Authority; provide for powers; acceptance of loans/grants from United States upon certain terms and conditions (ED&T-Stephens164th) Cowsert-46th
Structured Rule
HB 227 HB 292
Sales and use tax; programmable thermostats from the definition of Energy Star Qualified Product for purposes of the state sales tax holiday; remove (W&M-Duncan-26th) Revenue and taxation; Internal Revenue Code; define terms; incorporate certain provisions of federal law into Georgia law (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
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The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 58. By Senators Hill of the 6th, Thompson of the 14th, Williams of the 19th, Albers of the 56th, Harbison of the 15th and others:
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.
SB 79. By Senator Unterman of the 45th:
A BILL to be entitled an Act to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to expand the Criminal Justice Coordinating Council's powers and duties relative to claims for victim compensation; to increase the amount payable for funeral expenses; to enlarge the pool of claimants to include individuals related by marriage; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 93. By Senator Burke of the 11th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Seminole County shall be nonpartisan elections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 67. By Representative Kidd of the 145th:
A BILL to be entitled an Act to provide for the unified government of Milledgeville-Baldwin County; to provide for boundaries and districts; to provide for powers and duties; to provide for organization, qualifications, election, terms, and filling of vacancies; to provide for associated offices, departments, and agencies; to provide for budgets and financial matters; to provide for a transition period; to provide for the repeal of certain Acts; to
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provide for a referendum; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 203. By Representatives Williams of the 119th and Quick of the 117th:
A BILL to be entitled an Act to provide a new charter for the Town of Bishop; to provide for related matters; to provide for severability; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 319. By Representatives Carson of the 46th, Parsons of the 44th, Pruett of the 149th and Dollar of the 45th:
A RESOLUTION honoring the lives and memory of Elrey "Bud" and June Runion; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 58.
By Senators Hill of the 6th, Thompson of the 14th, Williams of the 19th, Albers of the 56th, Harbison of the 15th and others:
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 79. By Senator Unterman of the 45th:
A BILL to be entitled an Act to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to expand the Criminal Justice Coordinating Council's powers and duties relative to claims for victim compensation; to increase the amount payable for funeral expenses; to enlarge the pool of claimants to include individuals related by marriage; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Judiciary Non-Civil.
SB 93. By Senator Burke of the 11th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Seminole County shall be nonpartisan elections; 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.
Pursuant to HR 337, the House recognized February 19, 2015, as University of Georgia Day at the state capitol, congratulated the University of Georgia on its 230th anniversary of becoming the first state-chartered institution in the United States of America, and invited Jere Morehead, president of the University of Georgia, to be recognized by the House of Representatives.
Pursuant to HR 286, the House honored the life and service of Sam Driskell, Paulding Sheriff's Corporal, and invited Howard Driskell, Theresa Britton, Allan Driskell, Susan Ramey, and Sheriff Gary Gulledge to be recognized by the House of Representatives.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Williams of the 87th, Stovall of the 74th, Rakestraw of the 19th et al., Jasperse of the 11th, Sims of the 123rd, Stover of the 71st, Stephens of the 165th, Dickerson of the 113th, and Randall of the 142nd.
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 Senate and has instructed me to report the same back to the House with the following recommendations:
HB 195 HB 212 SB 53
Do Pass, by Substitute Do Pass, by Substitute Do Pass
Respectfully submitted, /s/ Cooper of the 43rd
Chairman
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Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 292. By Representatives Knight of the 130th and Powell of the 171st:
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 an effective date and applicability; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger E Barr Y Battles Y Beasley-Teague
Bell Y Belton E Bennett Y Bentley
Benton Y Beskin E Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson E Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick E Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo
Y Meadows Y Mitchell Y Morris E Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
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Y Coleman Y Cooke
Y Greene Y Hamilton
Y McCall Y McClain
Y Shaw Y Sims
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 O`Neal of the 146th asked unanimous consent that HR 292 be immediately transmitted to the Senate.
It was so ordered.
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 162. By Representatives Shaw of the 176th, Efstration of the 104th, Taylor of the 173rd, Lumsden of the 12th and Maxwell of the 17th:
A BILL to be entitled an Act to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide for insurance compliance self-evaluative privilege; to provide for intent; to provide for definitions; to provide for an insurance compliance self-evaluative audit document as privileged information; to provide for inadmissibility in certain legal actions; to provide for applications and exceptions; to provide for the burden of proof; to provide for related matters; to provide for an automatic repeal 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 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide for insurance compliance self-evaluative privilege; to provide for intent; to provide for definitions; to provide for an insurance compliance self-evaluative audit document as privileged information; to provide for inadmissibility in certain legal actions; to provide for applications and exceptions; to provide for the burden of proof; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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671
SECTION 1.
Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, is amended by adding a new Code section to read as follows:
"33-2-34. (a) To encourage insurance companies and persons conducting activities regulated under this title, both to conduct voluntary internal audits of their compliance programs and management systems and to assess and improve compliance with state and federal statutes, rules, and orders, an insurance compliance self-evaluative privilege is recognized to protect the confidentiality of communications relating to voluntary internal compliance audits. The General Assembly hereby finds and declares that protection of insurance consumers is enhanced by companies' voluntary compliance with this state's insurance and other laws and that the public will benefit from incentives to identify and remedy insurance and other compliance issues. It is further declared that limited expansion of the protection against disclosure will encourage voluntary compliance and improve insurance market conduct quality and that the voluntary provisions of this Code section will not inhibit the exercise of the regulatory authority by those entrusted with protecting insurance consumers. (b) As used in this Code section, the term:
(1) 'Insurance compliance audit' means a voluntary, internal evaluation, review, assessment, or audit not otherwise expressly required by law of an insurer or an activity regulated under this title, or other state or federal law applicable to an insurer, or of management systems related to the insurer or activity, that is designed to identify and prevent noncompliance and to improve compliance with those statutes, rules, or orders. An insurance compliance audit may be conducted by the insurer, its employees, or independent contractors. (2) 'Insurance compliance self-evaluative audit document' means any document prepared as a result of or in connection with and not prior to an insurance compliance audit. An insurance compliance self-evaluative audit document may include a written response to the findings of an insurance compliance audit. An insurance compliance self-evaluative audit document may include, but is not limited to, as applicable, field notes and records of observations, findings, opinions, suggestions, conclusions, drafts, memoranda, drawings, photographs, computer generated or electronically recorded information, phone records, maps, charts, graphs, and surveys, provided that this supporting information is collected or developed for the primary purpose and in the course of an insurance compliance audit. An insurance compliance self-evaluative audit document may also include any of the following:
(A) An insurance compliance audit report prepared by an auditor, who may be an employee of the insurer or an independent contractor, which may include the scope of the audit, the information gained in the audit, and conclusions and recommendations, with exhibits and appendices; (B) Memoranda and documents analyzing portions or all of the insurance compliance audit report and discussing potential implementation issues;
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(C) An implementation plan that addresses correcting past noncompliance, improving current compliance, and preventing future noncompliance; or (D) Analytic data generated in the course of conducting the insurance compliance audit. (c)(1) An insurance compliance self-evaluative audit document is privileged information and is not admissible as evidence in any legal action in any civil, criminal, or administrative proceeding, except as provided in subsections (d) and (e) of this Code section. Documents, communications, data, reports, or other information created as a result of a claim involving personal injury or workers' compensation made against an insurance policy are not insurance compliance self-evaluative audit documents and are admissible as evidence in civil proceedings as otherwise provided by applicable rules of evidence or civil procedure, subject to any applicable statutory or common law privilege, including, but not limited to, the work product doctrine, the attorney-client privilege, or the subsequent remedial measures exclusion. (2) If any insurer, person, or entity performs or directs the performance of an insurance compliance audit, an officer or employee involved with the insurance compliance audit, or any consultant who is hired for the purpose of performing the insurance compliance audit, shall not be examined in any civil, criminal, or administrative proceeding as to the insurance compliance audit or any insurance compliance self-evaluative audit document, as defined in this Code section. This paragraph shall not apply if the privilege set forth in paragraph (1) of this subsection is determined under subsection (d) or (e) of this Code section not to apply. (3) An insurer may voluntarily submit, in connection with examinations conducted under this Code section, an insurance compliance self-evaluative audit document to the Commissioner, or his or her designee, as a confidential document under subsection (g) of Code Section 33-2-14 without waiving the privilege set forth in this Code section to which the insurer would otherwise be entitled. However, the provision permitting the Commissioner to provide access to the National Association of Insurance Commissioners shall not apply to the insurance compliance selfevaluative audit document so voluntarily submitted. Nothing contained in this subsection shall give the Commissioner any authority to compel an insurer to disclose involuntarily or otherwise provide an insurance compliance self-evaluative audit document. (d)(1) The privilege set forth in subsection (c) of this Code section shall not apply to the extent that it is expressly waived by the insurer that prepared or caused to be prepared the insurance compliance self-evaluative audit document. (2) In a civil or administrative proceeding, a court of record may, after an in camera review, require disclosure of material for which the privilege set forth in subsection (c) of this Code section is asserted, if the court determines that: (A) The privilege is asserted for a fraudulent purpose; (B) The material is not subject to the privilege; or (C) Even if subject to the privilege, the material shows evidence of noncompliance with state and federal statutes, rules, and orders and the insurer failed to undertake
THURSDAY, FEBRUARY 19, 2015
673
reasonable corrective action or eliminate the noncompliance within a reasonable time. (3) In a criminal proceeding, a court of record may, after an in camera review, require disclosure of material for which the privilege described in subsection (c) of this Code section is asserted, if the court determines that: (A) The privilege is asserted for a fraudulent purpose; (B) The material is not subject to the privilege; (C) Even if subject to the privilege, the material shows evidence of noncompliance with state and federal statutes, rules, and orders and the insurer failed to undertake reasonable corrective action or eliminate such noncompliance within a reasonable time; or (D) The material contains evidence relevant to the commission of a criminal offense under this title and:
(i) The Commissioner has a compelling need for the information; (ii) The information is not otherwise available; and (iii) The Commissioner is unable to obtain the substantial equivalent of the information by any means without incurring unreasonable cost and delay. (e)(1) Within 30 days after the Commissioner makes a written request by certified mail for disclosure of an insurance compliance self-evaluative audit document under this subsection, the insurer that prepared or caused the document to be prepared may file with the appropriate court a petition requesting an in camera hearing on whether the insurance compliance self-evaluative audit document or portions of the document are privileged under this Code section or subject to disclosure. The court has jurisdiction over a petition filed by an insurer under this subsection requesting an in camera hearing on whether the insurance compliance self-evaluative audit document or portions of the document are privileged or subject to disclosure. Failure by the insurer to file a petition waives the privilege. (2) An insurer asserting the insurance compliance self-evaluative privilege in response to a request for disclosure under this subsection shall include in its petition for an in camera hearing all of the information set forth in paragraph (5) of this subsection. (3) Upon the filing of a petition under this subsection, the court shall issue an order scheduling, within 45 days after the filing of the petition, an in camera hearing to determine whether the insurance compliance self-evaluative audit document or portions of the document are privileged under this Code section or subject to disclosure. (4) The court, after an in camera review, may require disclosure of material for which the privilege in subsection (c) of this Code section is asserted if the court determines, based upon its in camera review, that any one of the conditions set forth in paragraph (2) of subsection (d) of this Code section is applicable as to a civil or administrative proceeding or that any one of the conditions set forth in paragraph (3) of subsection (d) of this Code section is applicable as to a criminal proceeding. Upon making such a determination, the court may only compel the disclosure of those portions of an
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insurance compliance self-evaluative audit document relevant to issues in dispute in the underlying proceeding. Any compelled disclosure will not be considered to be a public document or be deemed to be a waiver of the privilege for any other civil, criminal, or administrative proceeding. A party unsuccessfully opposing disclosure may apply to the court for an appropriate order protecting the document from further disclosure. (5) An insurer asserting the insurance compliance self-evaluative privilege in response to a request for disclosure under this subsection shall provide to the Commissioner at the time of filing any objection to the disclosure:
(A) The date of the insurance compliance self-evaluative audit document; (B) The identity of the entity conducting the audit; (C) The general nature of the activities covered by the insurance compliance audit; and (D) An identification of the portions of the insurance compliance self-evaluative audit document for which the privilege is being asserted. (f)(1) An insurer asserting the insurance compliance self-evaluative privilege set forth in subsection (c) of this Code section has the burden of demonstrating the applicability of the privilege. Once an insurer has established the applicability of the privilege, a party seeking disclosure under paragraph (2) or (3) of subsection (d) of this Code section has the burden of proving that the privilege is asserted for a fraudulent purpose or that the insurer failed to undertake reasonable corrective action or eliminate the noncompliance within a reasonable time. The Commissioner, in seeking disclosure under paragraph (3) of subsection (d) of this Code section, has the burden of proving the elements set forth in paragraph (3) of subsection (d) of this Code section. (2) The parties may at any time stipulate in proceedings under subsection (d) or (e) of this Code section to entry of an order directing that specific information contained in an insurance compliance self-evaluative audit document is or is not subject to the privilege provided under subsection (c) of this Code section. (g) The privilege set forth in subsection (c) of this Code section shall not extend to: (1) Documents, communications, data, reports, or other information required to be collected, developed, maintained, reported, or otherwise made available to a regulatory agency pursuant to this title or other federal or state law, rule, or order; (2) Information obtained by observation or monitoring by any regulatory agency; or (3) Information obtained from a source independent of the insurance compliance audit. (h) Nothing in this Code section shall limit, waive, or abrogate the scope or nature of any statutory or common law privilege including, but not limited to, the work product doctrine, the attorney-client privilege, or the subsequent remedial measures exclusion. (i) This Code section shall apply to self-evaluative audits completed before June 30, 2018, but shall not apply to any such audits completed on or after July 1, 2018, unless authorized by the General Assembly prior to that date."
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SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Weldon of the 3rd district moves to amend the committee substitute to HB 162 as follows:
Strike the first "and" on lines 92 and 100 and replace with the word "or" in each location.
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 E Barr Y Battles Y Beasley-Teague
Bell Y Belton E Bennett Y Bentley Y Benton Y Beskin E Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas N Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick E Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin
Y Meadows Y Mitchell Y Morris E Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
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 Tankersley Y Tanner Y Tarvin Y Taylor, D
Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C
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N Clark, H Y Clark, V Y Coleman Y Cooke
Y Gordon Y Gravley Y Greene Y Hamilton
Y Maxwell Y Mayo Y McCall Y McClain
Y Setzler Y Sharper Y Shaw Y Sims
Y Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 75. 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 be entitled an Act to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2014, and ending June 30, 2015, known as the "General Appropriations Act," Act No. 632, approved April 28, 2014 (Ga. L. 2014, Volume One, Appendix, commencing at page 1 of 139), 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 repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
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677
SENATE APPROPRIATIONS COMMITTEE SUBSTITUTE TO H.B. 75 A BILL TO BE ENTITLED AN ACT
To amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2014, and ending June 30, 2015, known as the "General Appropriations Act," Act No. 632, approved April 28, 2014 (Ga. L. 2014, Volume One, Appendix, commencing at page 1 of 139), 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 making and providing appropriations for the State Fiscal Year beginning July 1, 2014, and ending June 30, 2015, known as the "General Appropriations Act," Act No. 632, approved April 28, 2014 (Ga. L. 2014, Volume One, Appendix, commencing at Page 1 of 139), is amended by striking everything following the Part I designation up to but not including the Part II designation and by substituting in lieu thereof the following:
"The sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2014, and ending June 30, 2015, as prescribed hereinafter for such fiscal year:
HB 75 (FY 2015A)
Governor House
SAC
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
$21,112,906,096 $21,112,906,096 $21,112,906,096
$18,402,426,735 $18,402,426,735 $18,402,426,735
$191,678,066 $191,678,066 $191,678,066
$997,332,591 $997,332,591 $997,332,591
$947,948,052 $947,948,052 $947,948,052
$142,366,772 $142,366,772 $142,366,772
$1,784,064
$1,784,064
$1,784,064
$167,969,114 $167,969,114 $167,969,114
$261,400,702 $261,400,702 $261,400,702
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JOURNAL OF THE HOUSE
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 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 TANF Transfers to Social Services Block Grant per 42 USC 604 FFIND Temp. Assistance for Needy Families CFDA93.558
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
$12,898,352,444 $12,898,249,714 $12,898,301,079
$3,804,646,238 $3,804,646,238 $3,804,646,238
$101,640,586 $101,640,586 $101,640,586
$1,166,080
$1,166,080
$1,166,080
$109,580,578 $109,580,578 $109,580,578
$12,821,448 $12,821,448 $12,821,448
$14,163,709 $14,163,709 $14,163,709
$16,526,699 $16,526,699 $16,526,699
$1,526,296,548 $1,526,296,548 $1,526,296,548
$84,525,955 $84,525,955 $84,525,955
$55,866,874 $55,866,874 $55,866,874
$16,884,236 $16,884,236 $16,884,236
$6,314,854,292 $6,314,751,562 $6,314,802,927
$47,733,582 $47,733,582 $47,733,582
$2,403,579
$2,403,579
$2,403,579
$52,778,456 $52,778,456 $52,778,456
$40,481,142 $40,481,142 $40,481,142
$303,291,532 $303,291,532 $303,291,532
$369,725,981 $369,725,981 $369,725,981
$364,475,981 $364,475,981 $364,475,981
$5,250,000
$5,250,000
$5,250,000
$22,964,929 $22,964,929 $22,964,929
$5,804,558,980 $5,804,558,980 $5,804,558,980
$7,193,907
$7,193,907
$7,193,907
$7,193,907
$7,193,907
$7,193,907
$3,396,620
$3,396,620
$3,396,620
$3,396,620
$3,396,620
$3,396,620
$4,402,800
$4,402,800
$4,402,800
$4,402,800
$4,402,800
$4,402,800
$2,448,882,706 $2,448,882,706 $2,448,882,706
$214,057,828 $214,057,828 $214,057,828
$2,012,046,274 $2,012,046,274 $2,012,046,274
$222,778,604 $222,778,604 $222,778,604
THURSDAY, FEBRUARY 19, 2015
679
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 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 Medical Assistance Program CFDA93.778 Federal Funds Indirect FFIND Community Services Block Grant CFDA93.569 FFIND Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS Changes in Fund Availability
TOTAL STATE FUNDS
$263,611,746 $263,611,746 $263,611,746
$263,611,746 $263,611,746 $263,611,746
$1,581,839
$1,581,839
$1,581,839
$1,581,839
$1,581,839
$1,581,839
$3,071,221,673 $3,071,221,673 $3,071,221,673
$592,381
$592,381
$592,381
$985,223,309 $985,223,309 $985,223,309
$2,085,405,983 $2,085,405,983 $2,085,405,983
$4,267,689
$4,267,689
$4,267,689
$4,267,689
$4,267,689
$4,267,689
$3,672,227,223 $3,672,227,223 $3,672,227,223
$3,666,164,778 $3,666,164,778 $3,666,164,778
$68,956,023 $68,956,023 $68,956,023
$17,142,369 $17,142,369 $17,142,369
$8,391,947
$8,391,947
$8,391,947
$3,091,230,681 $3,091,230,681 $3,091,230,681
$33,927,991 $33,927,991 $33,927,991
$9,808,379
$9,808,379
$9,808,379
$280,857,262 $280,857,262 $280,857,262
$54,080,379 $54,080,379 $54,080,379
$12,666,404 $12,666,404 $12,666,404
$89,103,343 $89,103,343 $89,103,343
$1,079,572
$1,079,572
$1,079,572
$1,079,572
$1,079,572
$1,079,572
$2,569,120
$2,569,120
$2,569,120
$2,217,962
$2,217,962
$2,217,962
$351,158
$351,158
$351,158
$2,413,753
$2,413,753
$2,413,753
$2,223,236
$2,223,236
$2,223,236
$190,517
$190,517
$190,517
$39,815,817,520 $39,815,714,790 $39,815,766,155
$276,161,476 $276,161,476 $276,161,476
680
JOURNAL OF THE HOUSE
State General Funds Revenue Shortfall Reserve for K-12 Needs State Motor Fuel Funds Tobacco Settlement Funds Nursing Home Provider Fees Hospital Provider Fee TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 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 Health Insurance Payments
TOTAL PUBLIC FUNDS
Reconciliation of Fund Availability to Fund Application
Section 1: Georgia Senate
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$95,607,230 $191,678,066
($8,424,943) ($95,058) $212,713
($2,816,532) $46,013,262
($522,633) $6,614,603 $55,750,965 ($29,323,153) $13,493,480 $13,493,480 $2,747,646 $1,805,402 $1,805,402
$942,244 $942,244 ($81,742,545) ($81,742,545) ($81,742,545) $243,179,839
$95,607,230 $191,678,066
($8,424,943) ($95,058) $212,713
($2,816,532) $45,910,532
($522,633) $6,614,603 $55,648,235 ($29,323,153) $13,493,480 $13,493,480 $2,747,646 $1,805,402 $1,805,402
$942,244 $942,244 ($81,742,545) ($81,742,545) ($81,742,545) $243,077,109
$95,607,230 $191,678,066
($8,424,943) ($95,058) $212,713
($2,816,532) $45,961,897
($522,633) $6,614,603 $55,699,600 ($29,323,153) $13,493,480 $13,493,480 $2,747,646 $1,805,402 $1,805,402
$942,244 $942,244 ($81,742,545) ($81,742,545) ($81,742,545) $243,128,474
Section Total - Continuation
$10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835
$10,585,835 $10,585,835 $10,585,835
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Lieutenant Governor's Office
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC 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
2.100 -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
THURSDAY, FEBRUARY 19, 2015
681
Section Total - Final
$10,585,835 $10,585,835 $10,585,835
$10,585,835 $10,585,835 $10,585,835
$10,585,835 $10,585,835 $10,585,835
Continuation Budget
$1,256,003 $1,256,003 $1,256,003
$1,256,003 $1,256,003 $1,256,003
$1,256,003 $1,256,003 $1,256,003
$1,256,003 $1,256,003 $1,256,003
Appropriation (HB 75)
$1,256,003
$1,256,003
$1,256,003
$1,256,003
$1,256,003
$1,256,003
Continuation Budget
$1,147,666 $1,147,666 $1,147,666
$1,147,666 $1,147,666 $1,147,666
$1,147,666 $1,147,666 $1,147,666
$1,147,666 $1,147,666 $1,147,666
Appropriation (HB 75)
$1,147,666
$1,147,666
$1,147,666
$1,147,666
$1,147,666
$1,147,666
Continuation Budget
$7,115,031 $7,115,031 $7,115,031
$7,115,031 $7,115,031 $7,115,031
$7,115,031 $7,115,031 $7,115,031
682
JOURNAL OF THE HOUSE
3.100 -Senate TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS
$7,115,031 $7,115,031 $7,115,031
Appropriation (HB 75)
$7,115,031
$7,115,031
$7,115,031
$7,115,031
$7,115,031
$7,115,031
Senate Budget and Evaluation Office
Continuation Budget
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
$1,067,135 $1,067,135 $1,067,135
$1,067,135 $1,067,135 $1,067,135
$1,067,135 $1,067,135 $1,067,135
4.100 -Senate Budget and Evaluation Office
Appropriation (HB 75)
The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate.
TOTAL STATE FUNDS
$1,067,135
$1,067,135
$1,067,135
State General Funds
$1,067,135
$1,067,135
$1,067,135
TOTAL PUBLIC FUNDS
$1,067,135
$1,067,135
$1,067,135
Section 2: Georgia House of Representatives
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Continuation
$18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323
$18,705,323 $18,705,323 $18,705,323
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Final
$18,705,323 $18,705,323 $18,705,323
$18,705,323 $18,705,323 $18,705,323
$18,705,323 $18,705,323 $18,705,323
THURSDAY, FEBRUARY 19, 2015
683
House of Representatives
Continuation Budget
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$18,705,323 $18,705,323 $18,705,323
$18,705,323 $18,705,323 $18,705,323
$18,705,323 $18,705,323 $18,705,323
5.100-House of Representatives TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS
$18,705,323 $18,705,323 $18,705,323
Appropriation (HB 75)
$18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323
Section 3: Georgia General Assembly Joint Offices
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Continuation
$10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865
$10,043,865 $10,043,865 $10,043,865
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Final
$10,043,865 $10,043,865 $10,043,865
$10,043,865 $10,043,865 $10,043,865
$10,043,865 $10,043,865 $10,043,865
Ancillary Activities
Continuation Budget
The purpose of this appropriation is to provide services for the legislative branch of government.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$5,734,042 $5,734,042 $5,734,042
$5,734,042 $5,734,042 $5,734,042
$5,734,042 $5,734,042 $5,734,042
6.100 -Ancillary Activities The purpose of this appropriation is to provide services for the legislative branch of government.
Appropriation (HB 75)
684
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$5,734,042 $5,734,042 $5,734,042
$5,734,042 $5,734,042 $5,734,042
$5,734,042 $5,734,042 $5,734,042
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
$1,273,514 $1,273,514 $1,273,514
$1,273,514 $1,273,514 $1,273,514
$1,273,514 $1,273,514 $1,273,514
7.100-Legislative Fiscal Office
Appropriation (HB 75)
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
$1,273,514
$1,273,514
$1,273,514
State General Funds
$1,273,514
$1,273,514
$1,273,514
TOTAL PUBLIC FUNDS
$1,273,514
$1,273,514
$1,273,514
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
$3,036,309 $3,036,309 $3,036,309
$3,036,309 $3,036,309 $3,036,309
$3,036,309 $3,036,309 $3,036,309
8.100 -Office of Legislative Counsel
Appropriation (HB 75)
The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly.
TOTAL STATE FUNDS
$3,036,309
$3,036,309
$3,036,309
State General Funds
$3,036,309
$3,036,309
$3,036,309
TOTAL PUBLIC FUNDS
$3,036,309
$3,036,309
$3,036,309
THURSDAY, FEBRUARY 19, 2015
685
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
$33,450,200 $33,450,200
$33,450,200 $33,450,200
$640,000
$640,000
$640,000
$640,000
$640,000
$640,000
$34,090,200 $34,090,200
$33,450,200 $33,450,200
$640,000 $640,000 $640,000 $34,090,200
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$33,450,200 $33,450,200
$640,000 $640,000 $640,000 $34,090,200
$33,450,200 $33,450,200
$640,000 $640,000 $640,000 $34,090,200
$33,450,200 $33,450,200
$640,000 $640,000 $640,000 $34,090,200
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
$29,241,479 $29,241,479
$640,000 $640,000 $640,000 $29,881,479
$29,241,479 $29,241,479
$640,000 $640,000 $640,000 $29,881,479
$29,241,479 $29,241,479
$640,000 $640,000 $640,000 $29,881,479
686
JOURNAL OF THE HOUSE
9.1 Transfer funds from the Audit and Assurance Services program to the Departmental Administration program ($578,910) and the Statewide Equalized Adjusted Property Tax Digest program ($152,669) for personnel.
State General Funds
($731,579)
($731,579)
($731,579)
9.100 -Audit and Assurance Services
Appropriation (HB 75)
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
$28,509,900 $28,509,900 $28,509,900
State General Funds
$28,509,900 $28,509,900 $28,509,900
TOTAL AGENCY FUNDS
$640,000
$640,000
$640,000
Intergovernmental Transfers
$640,000
$640,000
$640,000
Intergovernmental Transfers Not Itemized
$640,000
$640,000
$640,000
TOTAL PUBLIC FUNDS
$29,149,900 $29,149,900 $29,149,900
Departmental Administration
Continuation Budget
The purpose of this appropriation is to provide administrative support to all Department programs.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$1,742,089 $1,742,089 $1,742,089
$1,742,089 $1,742,089 $1,742,089
$1,742,089 $1,742,089 $1,742,089
10.1 Transfer funds from the Audit and Assurance Services program to the Departmental Administration program for personnel.
State General Funds
$578,910
$578,910
$578,910
10.100-Departmental Administration
Appropriation (HB 75)
The purpose of this appropriation is to provide administrative support to all Department programs.
THURSDAY, FEBRUARY 19, 2015
687
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$2,320,999 $2,320,999 $2,320,999
$2,320,999 $2,320,999 $2,320,999
$2,320,999 $2,320,999 $2,320,999
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 75)
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
$251,872 $251,872 $251,872
$251,872 $251,872 $251,872
$251,872 $251,872 $251,872
688
JOURNAL OF THE HOUSE
12.100 -Legislative Services
Appropriation (HB 75)
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
$251,872
$251,872
$251,872
State General Funds
$251,872
$251,872
$251,872
TOTAL PUBLIC FUNDS
$251,872
$251,872
$251,872
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
$2,194,760 $2,194,760 $2,194,760
$2,194,760 $2,194,760 $2,194,760
$2,194,760 $2,194,760 $2,194,760
13.1 Transfer funds from the Audit and Assurance Services program to the Statewide Equalized Adjusted Property Tax Digest program for personnel.
State General Funds
$152,669
$152,669
$152,669
13.100 -Statewide Equalized Adjusted Property Tax Digest
Appropriation (HB 75)
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
$2,347,429
$2,347,429
$2,347,429
State General Funds
$2,347,429
$2,347,429
$2,347,429
TOTAL PUBLIC FUNDS
$2,347,429
$2,347,429
$2,347,429
THURSDAY, FEBRUARY 19, 2015
689
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
$15,035,519 $15,035,519
$15,035,519 $15,035,519
$150,000
$150,000
$150,000
$150,000
$150,000
$150,000
$15,185,519 $15,185,519
$15,035,519 $15,035,519
$150,000 $150,000 $150,000 $15,185,519
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$15,116,609 $15,116,609
$150,000 $150,000 $150,000 $15,266,609
$15,042,269 $15,042,269
$150,000 $150,000 $150,000 $15,192,269
$15,079,566 $15,079,566
$150,000 $150,000 $150,000 $15,229,566
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
$15,035,519 $15,035,519
$150,000 $150,000 $150,000 $15,185,519
$15,035,519 $15,035,519
$150,000 $150,000 $150,000 $15,185,519
$15,035,519 $15,035,519
$150,000 $150,000 $150,000 $15,185,519
14.1 Increase funds for personnel for one vacant full-time central staff attorney position.
State General Funds
$37,297
14.2 Increase funds for personnel for one vacant full-time fiscal office position.
State General Funds
$17,043
$0
$37,297
$0
$0
690
JOURNAL OF THE HOUSE
14.3 Increase funds for information technology to provide for increased costs of software maintenance for the docket system.
State General Funds
$6,750
$6,750
$6,750
14.4 Increase funds for trial court records maintenance.
State General Funds
$10,000
$0
$0
14.5 Increase funds for six hours of continued legal education training for staff attorneys.
State General Funds
$10,000
$0
$0
14.100 -Court of Appeals
Appropriation (HB 75)
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
$15,116,609 $15,042,269 $15,079,566
State General Funds
$15,116,609 $15,042,269 $15,079,566
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
$15,266,609 $15,192,269 $15,229,566
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
Section Total - Continuation
$13,461,113 $13,461,113
$13,461,113 $13,461,113
$2,552,935
$2,552,935
$2,552,935
$2,552,935
$1,144,998
$1,144,998
$1,144,998
$1,144,998
$1,144,998
$1,144,998
$17,159,046 $17,159,046
$13,461,113 $13,461,113
$2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $17,159,046
TOTAL STATE FUNDS State General Funds
Section Total - Final
$13,666,595 $13,666,595
$13,666,595 $13,666,595
$13,620,400 $13,620,400
THURSDAY, FEBRUARY 19, 2015
691
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $17,364,528
$2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $17,364,528
$2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $17,318,333
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
$438,057 $438,057 $438,057
$438,057 $438,057 $438,057
$438,057 $438,057 $438,057
15.100 -Accountability Courts
Appropriation (HB 75)
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
$438,057
$438,057
$438,057
State General Funds
$438,057
$438,057
$438,057
TOTAL PUBLIC FUNDS
$438,057
$438,057
$438,057
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.
692
JOURNAL OF THE HOUSE
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 75)
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 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
$471,789 $471,789 $703,203 $703,203 $703,203 $1,174,992
$471,789 $471,789 $703,203 $703,203 $703,203 $1,174,992
$471,789 $471,789 $703,203 $703,203 $703,203 $1,174,992
THURSDAY, FEBRUARY 19, 2015
693
17.100 -Institute of Continuing Judicial Education
Appropriation (HB 75)
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
$471,789
$471,789
$471,789
State General Funds
$471,789
$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
$1,174,992
$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.
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
$11,223,561 $11,223,561
$2,552,935 $2,552,935
$268,905 $268,905 $268,905 $14,045,401
$11,223,561 $11,223,561
$2,552,935 $2,552,935
$268,905 $268,905 $268,905 $14,045,401
$11,223,561 $11,223,561
$2,552,935 $2,552,935
$268,905 $268,905 $268,905 $14,045,401
18.1 Increase funds to reflect the adjustment in the employer share of the Judicial Retirement System for the Council of State Court
Judges.
State General Funds
$117,265
$117,265
$117,265
694
JOURNAL OF THE HOUSE
18.2 Increase funds for personnel for three new compliance monitor positions and operations to effectively and efficiently register
and regulate misdemeanor probation providers. (S:Increase funds for personnel for one new compliance monitor position and
operations to effectively and efficiently register and regulate misdemeanor probation providers)
State General Funds
$88,217
$88,217
$42,022
18.100 -Judicial Council
Appropriation (HB 75)
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
$11,429,043 $11,429,043 $11,382,848
State General Funds
$11,429,043 $11,429,043 $11,382,848
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
Sales and Services
$268,905
$268,905
$268,905
Sales and Services Not Itemized
$268,905
$268,905
$268,905
TOTAL PUBLIC FUNDS
$14,250,883 $14,250,883 $14,204,688
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
$527,706 $527,706 $527,706
$527,706 $527,706 $527,706
$527,706 $527,706 $527,706
THURSDAY, FEBRUARY 19, 2015
695
19.100 -Judicial Qualifications Commission
Appropriation (HB 75)
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
$527,706
$527,706
$527,706
State General Funds
$527,706
$527,706
$527,706
TOTAL PUBLIC FUNDS
$527,706
$527,706
$527,706
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 75)
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 Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Continuation
$7,029,264
$7,029,264
$7,029,264
$7,029,264
$447,456
$447,456
$447,456
$447,456
$7,476,720
$7,476,720
$7,029,264 $7,029,264
$447,456 $447,456 $7,476,720
696
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$7,225,812 $7,225,812
$447,456 $447,456 $7,673,268
$7,225,812 $7,225,812
$447,456 $447,456 $7,673,268
$7,225,812 $7,225,812
$447,456 $447,456 $7,673,268
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
$1,493,806 $1,493,806
$447,456 $447,456 $1,941,262
$1,493,806 $1,493,806
$447,456 $447,456 $1,941,262
$1,493,806 $1,493,806
$447,456 $447,456 $1,941,262
21.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.
State General Funds
$27,639
$27,639
$27,639
21.100 -Council of Juvenile Court Judges
Appropriation (HB 75)
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
$1,521,445
$1,521,445
$1,521,445
State General Funds
$1,521,445
$1,521,445
$1,521,445
TOTAL FEDERAL FUNDS
$447,456
$447,456
$447,456
Federal Funds Not Itemized
$447,456
$447,456
$447,456
TOTAL PUBLIC FUNDS
$1,968,901
$1,968,901
$1,968,901
Grants to Counties for Juvenile Court Judges
Continuation Budget
The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries.
THURSDAY, FEBRUARY 19, 2015
697
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$5,535,458 $5,535,458 $5,535,458
$5,535,458 $5,535,458 $5,535,458
$5,535,458 $5,535,458 $5,535,458
22.1 Increase funds for Grants to Counties for Juvenile Court Judges pursuant to O.C.G.A. 15-11-52 effective January 1, 2015.
State General Funds
$10,625
$10,625
$10,625
22.2 Increase funds to reflect an adjustment in the employer share of the Judicial Retirement System.
State General Funds
$158,284
$158,284
$158,284
22.100 -Grants to Counties for Juvenile Court Judges
Appropriation (HB 75)
The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries.
TOTAL STATE FUNDS
$5,704,367
$5,704,367
$5,704,367
State General Funds
$5,704,367
$5,704,367
$5,704,367
TOTAL PUBLIC FUNDS
$5,704,367
$5,704,367
$5,704,367
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
Section Total - Continuation
$67,200,857 $67,200,857
$67,200,857 $67,200,857
$1,802,127
$1,802,127
$1,802,127
$1,802,127
$1,802,127
$1,802,127
$69,002,984 $69,002,984
$67,200,857 $67,200,857
$1,802,127 $1,802,127 $1,802,127 $69,002,984
TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Federal Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$67,415,096 $67,415,096
$1,802,127 $1,802,127 $1,802,127 $69,217,223
$67,207,045 $67,207,045
$1,802,127 $1,802,127 $1,802,127 $69,009,172
$67,207,045 $67,207,045
$1,802,127 $1,802,127 $1,802,127 $69,009,172
698
JOURNAL OF THE HOUSE
Council of Superior Court Clerks
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
$185,580 $185,580 $185,580
$185,580 $185,580 $185,580
$185,580 $185,580 $185,580
23.100 -Council of Superior Court Clerks
Appropriation (HB 75)
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
$185,580
$185,580
$185,580
State General Funds
$185,580
$185,580
$185,580
TOTAL PUBLIC FUNDS
$185,580
$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
$60,672,663 $60,672,663
$1,802,127 $1,802,127 $1,802,127 $62,474,790
$60,672,663 $60,672,663
$1,802,127 $1,802,127 $1,802,127 $62,474,790
$60,672,663 $60,672,663
$1,802,127 $1,802,127 $1,802,127 $62,474,790
24.1 Increase funds for district attorney court travel and training. State General Funds
$208,051
$0
$0
THURSDAY, FEBRUARY 19, 2015
699
24.100 -District Attorneys
Appropriation (HB 75)
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
$60,880,714 $60,672,663 $60,672,663
State General Funds
$60,880,714 $60,672,663 $60,672,663
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
$62,682,841 $62,474,790 $62,474,790
Prosecuting Attorneys' Council
Continuation Budget
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
$6,342,614 $6,342,614 $6,342,614
$6,342,614 $6,342,614 $6,342,614
$6,342,614 $6,342,614 $6,342,614
25.1 Increase funds to reflect an adjustment for risk premiums. State General Funds
$6,188
$6,188
$6,188
25.100 -Prosecuting Attorneys' Council
Appropriation (HB 75)
The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors.
TOTAL STATE FUNDS
$6,348,802
$6,348,802
$6,348,802
State General Funds
$6,348,802
$6,348,802
$6,348,802
TOTAL PUBLIC FUNDS
$6,348,802
$6,348,802
$6,348,802
Section 9: Superior Courts
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers
Section Total - Continuation
$64,909,147 $64,909,147
$64,909,147 $64,909,147
$137,000
$137,000
$87,000
$87,000
$64,909,147 $64,909,147
$137,000 $87,000
700
JOURNAL OF THE HOUSE
Intergovernmental Transfers Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$87,000 $50,000 $50,000 $65,046,147
$87,000 $50,000 $50,000 $65,046,147
$87,000 $50,000 $50,000 $65,046,147
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
Section Total - Final
$65,031,227 $65,031,227
$137,000 $87,000 $87,000 $50,000 $50,000
$65,168,227
$64,878,897 $64,878,897
$137,000 $87,000 $87,000 $50,000 $50,000
$65,015,897
$64,878,897 $64,878,897
$137,000 $87,000 $87,000 $50,000 $50,000
$65,015,897
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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$1,353,844 $1,353,844
$35,000 $35,000 $35,000 $1,388,844
$1,353,844 $1,353,844
$35,000 $35,000 $35,000 $1,388,844
$1,353,844 $1,353,844
$35,000 $35,000 $35,000 $1,388,844
26.100 -Council of Superior Court Judges
Appropriation (HB 75)
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
$1,353,844
$1,353,844
$1,353,844
State General Funds
$1,353,844
$1,353,844
$1,353,844
THURSDAY, FEBRUARY 19, 2015
701
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$35,000 $35,000 $35,000 $1,388,844
$35,000 $35,000 $35,000 $1,388,844
$35,000 $35,000 $35,000 $1,388,844
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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$2,500,166 $2,500,166
$87,000 $87,000 $87,000 $2,587,166
$2,500,166 $2,500,166
$87,000 $87,000 $87,000 $2,587,166
$2,500,166 $2,500,166
$87,000 $87,000 $87,000 $2,587,166
27.1 Increase funds for personnel to restore three furlough days remaining in the base budget.
State General Funds
$18,051
$0
$0
27.2 Increase funds for operations to restore a portion of operating expenses that have been reduced in prior years as a result of
budget reductions.
State General Funds
$50,000
$0
$0
27.100 -Judicial Administrative Districts
Appropriation (HB 75)
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
$2,568,217
$2,500,166
$2,500,166
State General Funds
$2,568,217
$2,500,166
$2,500,166
TOTAL AGENCY FUNDS
$87,000
$87,000
$87,000
Intergovernmental Transfers
$87,000
$87,000
$87,000
Intergovernmental Transfers Not Itemized
$87,000
$87,000
$87,000
TOTAL PUBLIC FUNDS
$2,655,217
$2,587,166
$2,587,166
702
JOURNAL OF THE HOUSE
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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$61,055,137 $61,055,137
$15,000 $15,000 $15,000 $61,070,137
$61,055,137 $61,055,137
$15,000 $15,000 $15,000 $61,070,137
$61,055,137 $61,055,137
$15,000 $15,000 $15,000 $61,070,137
28.1 Increase funds for personnel to restore one and a half furlough days remaining in the base budget.
State General Funds
$84,279
$0
$0
28.2 Eliminate funds for the initial equipment set-up for the Chattahoochee and Oconee judgeships created in HB451 (2013
Session).
State General Funds
($30,250)
($30,250)
($30,250)
28.100 -Superior Court Judges
Appropriation (HB 75)
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
$61,109,166 $61,024,887 $61,024,887
State General Funds
$61,109,166 $61,024,887 $61,024,887
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
$61,124,166 $61,039,887 $61,039,887
Section 10: Supreme Court
TOTAL STATE FUNDS State General Funds
Section Total - Continuation
$10,248,025 $10,248,025 $10,248,025 $10,248,025
$10,248,025 $10,248,025
THURSDAY, FEBRUARY 19, 2015
703
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$1,859,823 $1,859,823 $1,859,823 $12,107,848
$1,859,823 $1,859,823 $1,859,823 $12,107,848
$1,859,823 $1,859,823 $1,859,823 $12,107,848
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$10,321,349 $10,321,349
$1,859,823 $1,859,823 $1,859,823 $12,181,172
$10,321,349 $10,321,349
$1,859,823 $1,859,823 $1,859,823 $12,181,172
$10,321,349 $10,321,349
$1,859,823 $1,859,823 $1,859,823 $12,181,172
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
$10,248,025 $10,248,025
$1,859,823 $1,859,823 $1,859,823 $12,107,848
$10,248,025 $10,248,025
$1,859,823 $1,859,823 $1,859,823 $12,107,848
$10,248,025 $10,248,025
$1,859,823 $1,859,823 $1,859,823 $12,107,848
29.1 Increase funds to be paid to the Department of Public Safety for a trooper to provide security.
State General Funds
$33,219
$33,219
29.2 Increase funds for contracts to annualize additional yearly costs for WestLaw research contract fees.
State General Funds
$1,440
$1,440
$33,219 $1,440
704
JOURNAL OF THE HOUSE
29.3 Increase funds for contracts to annualize additional yearly costs of TriVir e-filing and maintenance.
State General Funds
$6,000
$6,000
$6,000
29.4 Increase funds for information technology to annualize additional yearly costs for a new network.
State General Funds
$31,000
$31,000
$31,000
29.5 Increase funds for contracts to annualize additional yearly costs for the Reporters' Office - LexisNexis publication.
State General Funds
$1,665
$1,665
$1,665
29.100-Supreme Court of Georgia
Appropriation (HB 75)
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
$10,321,349 $10,321,349 $10,321,349
State General Funds
$10,321,349 $10,321,349 $10,321,349
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
$12,181,172 $12,181,172 $12,181,172
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
$5,093,761
$5,093,761
$5,093,761
$5,093,761
$17,142,369 $17,142,369
$17,142,369 $17,142,369
$17,142,369 $17,142,369
$22,236,130 $22,236,130
$5,093,761 $5,093,761 $17,142,369 $17,142,369 $17,142,369 $22,236,130
TOTAL STATE FUNDS State General Funds
Section Total - Final
$6,457,650 $6,457,650
$6,457,650 $6,457,650
$6,457,650 $6,457,650
THURSDAY, FEBRUARY 19, 2015
705
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments
TOTAL PUBLIC FUNDS
$17,142,369 $17,142,369 $17,142,369 $23,600,019
$17,142,369 $17,142,369 $17,142,369 $23,600,019
$17,142,369 $17,142,369 $17,142,369 $23,600,019
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
$3,743,499 $3,743,499 $17,142,369 $17,142,369 $17,142,369 $20,885,868
$3,743,499 $3,743,499 $17,142,369 $17,142,369 $17,142,369 $20,885,868
$3,743,499 $3,743,499 $17,142,369 $17,142,369 $17,142,369 $20,885,868
30.1 Increase funds for one-time funding for the federal Statewide Cost Allocation Plan settlement payment.
State General Funds
$722,563
$722,563
$722,563
30.100 -State Accounting Office
Appropriation (HB 75)
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
$4,466,062
$4,466,062
$4,466,062
State General Funds
$4,466,062
$4,466,062
$4,466,062
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$17,142,369 $17,142,369 $17,142,369
State Funds Transfers
$17,142,369 $17,142,369 $17,142,369
Accounting System Assessments
$17,142,369 $17,142,369 $17,142,369
TOTAL PUBLIC FUNDS
$21,608,431 $21,608,431 $21,608,431
706
JOURNAL OF THE HOUSE
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
$1,350,262 $1,350,262 $1,350,262
$1,350,262 $1,350,262 $1,350,262
$1,350,262 $1,350,262 $1,350,262
31.100-Government Transparency and Campaign Finance Commission, Georgia
Appropriation (HB 75)
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
$1,350,262
$1,350,262
$1,350,262
State General Funds
$1,350,262
$1,350,262
$1,350,262
TOTAL PUBLIC FUNDS
$1,350,262
$1,350,262
$1,350,262
Georgia State Board of Accountancy
Continuation Budget
TOTAL STATE FUNDS State General Funds
$0
$0
$0
$0
$0
$0
32.1 Increase funds for Board operations.
State General Funds
$641,326
$641,326
$641,326
32.99 SAC: The purpose of this appropriation is to protect public financial, fiscal, and economic interests by licensing certified
public accountants and public accountancy firms; regulating public accountancy practices; and investigating complaints and taking
appropriate legal and disciplinary actions, when warranted.
House: The purpose of this appropriation is to protect public financial, fiscal, and economic interests by licensing certified public
accountants and public accountancy firms; regulating public accountancy practices; and investigating complaints and taking
appropriate legal and disciplinary actions, when warranted.
Governor: The purpose of this appropriation is to protect public financial, fiscal, and economic interests by licensing certified public
THURSDAY, FEBRUARY 19, 2015
707
accountants and public accountancy firms; regulating public accountancy practices; and investigating complaints and taking
appropriate legal and disciplinary actions, when warranted.
State General Funds
$0
$0
$0
32.100-Georgia State Board of Accountancy
Appropriation (HB 75)
The purpose of this appropriation is to protect public financial, fiscal, and economic interests by licensing certified public accountants
and public accountancy firms; regulating public accountancy practices; and investigating complaints and taking appropriate legal
and disciplinary actions, when warranted.
TOTAL STATE FUNDS
$641,326
$641,326
$641,326
State General Funds
$641,326
$641,326
$641,326
TOTAL PUBLIC FUNDS
$641,326
$641,326
$641,326
Section 12: Administrative Services, Department of
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS 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 Liability Funds Merit System Assessments Unemployment Compensation Funds Workers Compensation Funds
TOTAL PUBLIC FUNDS
Section Total - Continuation
$4,878,113
$4,878,113
$4,878,113
$4,878,113
$21,376,895 $21,376,895
$4,062,800
$4,062,800
$4,062,800
$4,062,800
$36,000
$36,000
$36,000
$36,000
$15,293,260 $15,293,260
$15,293,260 $15,293,260
$1,984,835
$1,984,835
$1,984,835
$1,984,835
$173,677,428 $173,677,428
$173,677,428 $173,677,428
$28,171,311 $28,171,311
$33,927,991 $33,927,991
$9,808,379
$9,808,379
$12,666,404 $12,666,404
$89,103,343 $89,103,343
$199,932,436 $199,932,436
$4,878,113 $4,878,113 $21,376,895 $4,062,800 $4,062,800
$36,000 $36,000 $15,293,260 $15,293,260 $1,984,835 $1,984,835 $173,677,428 $173,677,428 $28,171,311 $33,927,991 $9,808,379 $12,666,404 $89,103,343 $199,932,436
708
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS 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 Liability Funds Merit System Assessments Unemployment Compensation Funds Workers Compensation Funds
TOTAL PUBLIC FUNDS
Section Total - Final
$5,077,451 $5,077,451 $21,376,895 $4,062,800 $4,062,800
$36,000 $36,000 $15,293,260 $15,293,260 $1,984,835 $1,984,835 $173,677,428 $173,677,428 $28,171,311 $33,927,991 $9,808,379 $12,666,404 $89,103,343 $200,131,774
$4,878,113 $4,878,113 $21,376,895 $4,062,800 $4,062,800
$36,000 $36,000 $15,293,260 $15,293,260 $1,984,835 $1,984,835 $173,677,428 $173,677,428 $28,171,311 $33,927,991 $9,808,379 $12,666,404 $89,103,343 $199,932,436
$4,878,113 $4,878,113 $21,376,895 $4,062,800 $4,062,800
$36,000 $36,000 $15,293,260 $15,293,260 $1,984,835 $1,984,835 $173,677,428 $173,677,428 $28,171,311 $33,927,991 $9,808,379 $12,666,404 $89,103,343 $199,932,436
Departmental Administration
Continuation Budget
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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
$0 $0 $3,826,910 $36,000 $36,000 $3,351,252 $3,351,252 $439,658 $439,658
$0 $0 $3,826,910 $36,000 $36,000 $3,351,252 $3,351,252 $439,658 $439,658
$0 $0 $3,826,910 $36,000 $36,000 $3,351,252 $3,351,252 $439,658 $439,658
THURSDAY, FEBRUARY 19, 2015
709
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Merit System Assessments
TOTAL PUBLIC FUNDS
$1,938,823 $1,938,823
$810,846 $1,127,977 $5,765,733
$1,938,823 $1,938,823
$810,846 $1,127,977 $5,765,733
$1,938,823 $1,938,823
$810,846 $1,127,977 $5,765,733
33.100-Departmental Administration The purpose of this appropriation is to provide administrative support to all department programs.
Appropriation (HB 75)
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 Merit System Assessments
TOTAL PUBLIC FUNDS
$3,826,910 $36,000 $36,000
$3,351,252 $3,351,252
$439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733
$3,826,910 $36,000 $36,000
$3,351,252 $3,351,252
$439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733
$3,826,910 $36,000 $36,000
$3,351,252 $3,351,252
$439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733
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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS
$0 $0 $1,029,374 $1,029,374 $1,029,374 $1,029,374
$0 $0 $1,029,374 $1,029,374 $1,029,374 $1,029,374
$0 $0 $1,029,374 $1,029,374 $1,029,374 $1,029,374
710
JOURNAL OF THE HOUSE
34.100-Fleet Management
Appropriation (HB 75)
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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS
$1,029,374 $1,029,374 $1,029,374 $1,029,374
$1,029,374 $1,029,374 $1,029,374 $1,029,374
$1,029,374 $1,029,374 $1,029,374 $1,029,374
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 $8,680,402 $8,680,402 $8,680,402 $8,680,402
$0 $0 $8,680,402 $8,680,402 $8,680,402 $8,680,402
$0 $0 $8,680,402 $8,680,402 $8,680,402 $8,680,402
35.100-Human Resources Administration
Appropriation (HB 75)
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
$8,680,402 $8,680,402 $8,680,402 $8,680,402
$8,680,402 $8,680,402 $8,680,402 $8,680,402
$8,680,402 $8,680,402 $8,680,402 $8,680,402
THURSDAY, FEBRUARY 19, 2015
711
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
$1,000,000 $1,000,000 $161,757,398 $161,757,398 $26,059,660 $33,927,991 $12,666,404 $89,103,343 $162,757,398
$1,000,000 $1,000,000 $161,757,398 $161,757,398 $26,059,660 $33,927,991 $12,666,404 $89,103,343 $162,757,398
$1,000,000 $1,000,000 $161,757,398 $161,757,398 $26,059,660 $33,927,991 $12,666,404 $89,103,343 $162,757,398
36.100 -Risk Management
Appropriation (HB 75)
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
$161,757,398 $161,757,398 $161,757,398
State Funds Transfers
$161,757,398 $161,757,398 $161,757,398
State Fund Transfers Not Itemized
$26,059,660 $26,059,660 $26,059,660
Liability Funds
$33,927,991 $33,927,991 $33,927,991
Unemployment Compensation Funds
$12,666,404 $12,666,404 $12,666,404
Workers Compensation Funds
$89,103,343 $89,103,343 $89,103,343
TOTAL PUBLIC FUNDS
$162,757,398 $162,757,398 $162,757,398
712
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 $10,912,634 $10,912,634 $10,912,634 $10,912,634
$0 $0 $10,912,634 $10,912,634 $10,912,634 $10,912,634
$0 $0 $10,912,634 $10,912,634 $10,912,634 $10,912,634
37.100 -State Purchasing
Appropriation (HB 75)
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
$10,912,634 $10,912,634 $10,912,634 $10,912,634
$10,912,634 $10,912,634 $10,912,634 $10,912,634
$10,912,634 $10,912,634 $10,912,634 $10,912,634
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 $1,465,177
$0 $0 $1,465,177
$0 $0 $1,465,177
THURSDAY, FEBRUARY 19, 2015
713
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$1,465,177 $1,465,177 $1,465,177
$1,465,177 $1,465,177 $1,465,177
$1,465,177 $1,465,177 $1,465,177
38.100 -Surplus Property
Appropriation (HB 75)
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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$1,465,177 $1,465,177 $1,465,177 $1,465,177
$1,465,177 $1,465,177 $1,465,177 $1,465,177
$1,465,177 $1,465,177 $1,465,177 $1,465,177
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
$39,506 $39,506 $39,506
$39,506 $39,506 $39,506
$39,506 $39,506 $39,506
39.100 -Certificate of Need Appeal Panel
Appropriation (HB 75)
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.
714
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$2,999,747 $2,999,747 $1,300,805 $1,300,805 $1,300,805 $4,300,552
$2,999,747 $2,999,747 $1,300,805 $1,300,805 $1,300,805 $4,300,552
$2,999,747 $2,999,747 $1,300,805 $1,300,805 $1,300,805 $4,300,552
40.1 Increase funds for one-time funding for moving. State General Funds
$199,338
$0
$0
40.100-Administrative Hearings, Office of State
Appropriation (HB 75)
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
$3,199,085
$2,999,747
$2,999,747
State General Funds
$3,199,085
$2,999,747
$2,999,747
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
$4,499,890
$4,300,552
$4,300,552
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
$0 $0 $4,142,800 $4,062,800 $4,062,800 $80,000
$0 $0 $4,142,800 $4,062,800 $4,062,800 $80,000
$0 $0 $4,142,800 $4,062,800 $4,062,800 $80,000
THURSDAY, FEBRUARY 19, 2015
715
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$80,000 $4,142,800
$80,000 $4,142,800
$80,000 $4,142,800
41.100 -State Treasurer, Office of the
Appropriation (HB 75)
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
$4,142,800 $4,062,800 $4,062,800
$80,000 $80,000 $4,142,800
$4,142,800 $4,062,800 $4,062,800
$80,000 $80,000 $4,142,800
$4,142,800 $4,062,800 $4,062,800
$80,000 $80,000 $4,142,800
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
$838,860 $838,860 $838,860
$838,860 $838,860 $838,860
$838,860 $838,860 $838,860
42.100-Payments to Georgia Aviation Authority
Appropriation (HB 75)
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
$838,860
$838,860
$838,860
State General Funds
$838,860
$838,860
$838,860
TOTAL PUBLIC FUNDS
$838,860
$838,860
$838,860
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.
716
JOURNAL OF THE HOUSE
Section 13: Agriculture, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds 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
$42,515,594 $42,515,594
$42,515,594 $42,515,594
$6,837,012
$6,837,012
$6,837,012
$6,837,012
$636,171
$636,171
$636,171
$636,171
$411,171
$411,171
$225,000
$225,000
$49,988,777 $49,988,777
$42,515,594 $42,515,594
$6,837,012 $6,837,012
$636,171 $636,171 $411,171 $225,000 $49,988,777
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds 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
$42,515,594 $42,515,594
$6,837,012 $6,837,012
$636,171 $636,171 $411,171 $225,000 $49,988,777
$42,515,594 $42,515,594
$6,837,012 $6,837,012
$636,171 $636,171 $411,171 $225,000 $49,988,777
$42,515,594 $42,515,594
$6,837,012 $6,837,012
$636,171 $636,171 $411,171 $225,000 $49,988,777
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
$2,910,273 $2,910,273 $2,910,273
$2,910,273 $2,910,273 $2,910,273
$2,910,273 $2,910,273 $2,910,273
THURSDAY, FEBRUARY 19, 2015
717
43.100 -Athens and Tifton Veterinary Laboratories
Appropriation (HB 75)
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
$2,910,273
$2,910,273
$2,910,273
State General Funds
$2,910,273
$2,910,273
$2,910,273
TOTAL PUBLIC FUNDS
$2,910,273
$2,910,273
$2,910,273
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. 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$25,458,597 $25,458,597
$6,837,012 $6,837,012
$225,000 $225,000 $225,000 $32,520,609
$25,458,597 $25,458,597
$6,837,012 $6,837,012
$225,000 $225,000 $225,000 $32,520,609
$25,458,597 $25,458,597
$6,837,012 $6,837,012
$225,000 $225,000 $225,000 $32,520,609
44.100-Consumer Protection
Appropriation (HB 75)
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
718
JOURNAL OF THE HOUSE
performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; and by
monitoring, inspecting, and regulating animal feed, pet food, and grains. The purpose of this appropriation is also to ensure accurate
commercial transactions by monitoring, inspecting, and regulating weights and measures and fuel sales.
TOTAL STATE FUNDS
$25,458,597 $25,458,597 $25,458,597
State General Funds
$25,458,597 $25,458,597 $25,458,597
TOTAL FEDERAL FUNDS
$6,837,012
$6,837,012
$6,837,012
Federal Funds Not Itemized
$6,837,012
$6,837,012
$6,837,012
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
$32,520,609 $32,520,609 $32,520,609
Departmental Administration
Continuation Budget
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
$4,524,816 $4,524,816 $4,524,816
$4,524,816 $4,524,816 $4,524,816
$4,524,816 $4,524,816 $4,524,816
45.100-Departmental Administration
Appropriation (HB 75)
The purpose of this appropriation is to provide administrative support for all programs of the department.
TOTAL STATE FUNDS
$4,524,816
$4,524,816
$4,524,816
State General Funds
$4,524,816
$4,524,816
$4,524,816
TOTAL PUBLIC FUNDS
$4,524,816
$4,524,816
$4,524,816
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 INTRA-STATE GOVERNMENT TRANSFERS
$5,825,232 $5,825,232
$411,171
$5,825,232 $5,825,232
$411,171
$5,825,232 $5,825,232
$411,171
THURSDAY, FEBRUARY 19, 2015
719
State Funds Transfers State Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$411,171 $411,171 $6,236,403
$411,171 $411,171 $6,236,403
$411,171 $411,171 $6,236,403
46.100-Marketing and Promotion
Appropriation (HB 75)
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
$5,825,232
$5,825,232
$5,825,232
State General Funds
$5,825,232
$5,825,232
$5,825,232
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$411,171
$411,171
$411,171
State Funds Transfers
$411,171
$411,171
$411,171
State Fund Transfers Not Itemized
$411,171
$411,171
$411,171
TOTAL PUBLIC FUNDS
$6,236,403
$6,236,403
$6,236,403
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
$2,830,399 $2,830,399 $2,830,399
$2,830,399 $2,830,399 $2,830,399
$2,830,399 $2,830,399 $2,830,399
47.100-Poultry Veterinary Diagnostic Labs
Appropriation (HB 75)
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
$2,830,399
$2,830,399
$2,830,399
State General Funds
$2,830,399
$2,830,399
$2,830,399
TOTAL PUBLIC FUNDS
$2,830,399
$2,830,399
$2,830,399
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.
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JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$966,277 $966,277 $966,277
$966,277 $966,277 $966,277
$966,277 $966,277 $966,277
49.100-Payments to Georgia Agricultural Exposition Authority
Appropriation (HB 75)
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
$966,277
$966,277
$966,277
State General Funds
$966,277
$966,277
$966,277
TOTAL PUBLIC FUNDS
$966,277
$966,277
$966,277
Section 14: Banking and Finance, Department of
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Continuation
$11,669,059 $11,669,059 $11,669,059 $11,669,059 $11,669,059 $11,669,059
$11,669,059 $11,669,059 $11,669,059
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Final
$11,669,059 $11,669,059 $11,669,059
$11,669,059 $11,669,059 $11,669,059
$11,669,059 $11,669,059 $11,669,059
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
$227,776 $227,776 $227,776
$227,776 $227,776 $227,776
$227,776 $227,776 $227,776
50.100-Consumer Protection and Assistance
Appropriation (HB 75)
The purpose of this appropriation is to provide legal advice and legislative drafting support for the Commissioner and staff.
THURSDAY, FEBRUARY 19, 2015
721
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$227,776 $227,776 $227,776
$227,776 $227,776 $227,776
$227,776 $227,776 $227,776
Departmental Administration
Continuation Budget
The purpose of this appropriation is to provide administrative support to all department programs.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$2,047,883 $2,047,883 $2,047,883
$2,047,883 $2,047,883 $2,047,883
$2,047,883 $2,047,883 $2,047,883
51.100-Departmental Administration
The purpose of this appropriation is to provide administrative support to all department programs.
TOTAL STATE FUNDS
$2,047,883
State General Funds
$2,047,883
TOTAL PUBLIC FUNDS
$2,047,883
Appropriation (HB 75)
$2,047,883 $2,047,883 $2,047,883
$2,047,883 $2,047,883 $2,047,883
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
$7,409,357 $7,409,357 $7,409,357
$7,409,357 $7,409,357 $7,409,357
$7,409,357 $7,409,357 $7,409,357
52.100 -Financial Institution Supervision
Appropriation (HB 75)
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.
722
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$7,409,357 $7,409,357 $7,409,357
$7,409,357 $7,409,357 $7,409,357
$7,409,357 $7,409,357 $7,409,357
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
$1,984,043 $1,984,043 $1,984,043
$1,984,043 $1,984,043 $1,984,043
$1,984,043 $1,984,043 $1,984,043
53.100 -Non-Depository Financial Institution Supervision
Appropriation (HB 75)
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
$1,984,043
$1,984,043
$1,984,043
State General Funds
$1,984,043
$1,984,043
$1,984,043
TOTAL PUBLIC FUNDS
$1,984,043
$1,984,043
$1,984,043
Section 15: Behavioral Health and Developmental Disabilities, Department of
Section Total - Continuation
TOTAL STATE FUNDS
$968,833,425 $968,833,425
State General Funds
$958,578,287 $958,578,287
Tobacco Settlement Funds
$10,255,138 $10,255,138
TOTAL FEDERAL FUNDS
$145,660,990 $145,660,990
Federal Funds Not Itemized
$5,739,979
$5,739,979
Community Mental Health Services Block Grant CFDA93.958
$14,163,709 $14,163,709
Medical Assistance Program CFDA93.778
$25,697,365 $25,697,365
Prevention & Treatment of Substance Abuse Grant CFDA93.959
$47,482,075 $47,482,075
FFIND Social Services Block Grant CFDA93.667
$40,481,142 $40,481,142
Temporary Assistance for Needy Families
$528,000
$528,000
$968,833,425 $958,578,287 $10,255,138 $145,660,990
$5,739,979 $14,163,709 $25,697,365 $47,482,075 $40,481,142
$528,000
THURSDAY, FEBRUARY 19, 2015
723
Temporary Assistance for Needy Families Grant CFDA93.558 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
$528,000 $11,568,720 $26,902,262
$200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $25,777,202 $25,777,202 $5,004,491 $4,956,393 $2,357,130 $2,599,263
$48,098 $48,098 $1,146,401,168
$528,000 $11,568,720 $26,902,262
$200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $25,777,202 $25,777,202 $5,004,491 $4,956,393 $2,357,130 $2,599,263
$48,098 $48,098 $1,146,401,168
$528,000 $11,568,720 $26,902,262
$200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $25,777,202 $25,777,202 $5,004,491 $4,956,393 $2,357,130 $2,599,263
$48,098 $48,098 $1,146,401,168
Section Total - Final
TOTAL STATE FUNDS
$968,060,951
State General Funds
$957,805,813
Tobacco Settlement Funds
$10,255,138
TOTAL FEDERAL FUNDS
$145,660,990
Federal Funds Not Itemized
$5,739,979
Community Mental Health Services Block Grant CFDA93.958
$14,163,709
Medical Assistance Program CFDA93.778
$25,697,365
Prevention & Treatment of Substance Abuse Grant CFDA93.959
$47,482,075
FFIND Social Services Block Grant CFDA93.667
$40,481,142
Temporary Assistance for Needy Families
$528,000
Temporary Assistance for Needy Families Grant CFDA93.558
$528,000
FFIND Temp. Assistance for Needy Families CFDA93.558
$11,568,720
TOTAL AGENCY FUNDS
$26,902,262
$968,060,951 $957,805,813 $10,255,138 $145,660,990
$5,739,979 $14,163,709 $25,697,365 $47,482,075 $40,481,142
$528,000 $528,000 $11,568,720 $26,902,262
$968,060,951 $957,805,813 $10,255,138 $145,660,990
$5,739,979 $14,163,709 $25,697,365 $47,482,075 $40,481,142
$528,000 $528,000 $11,568,720 $26,902,262
724
JOURNAL OF THE HOUSE
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
$200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $25,777,202 $25,777,202 $5,004,491 $4,956,393 $2,357,130 $2,599,263
$48,098 $48,098 $1,145,628,694
$200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $25,777,202 $25,777,202 $5,004,491 $4,956,393 $2,357,130 $2,599,263
$48,098 $48,098 $1,145,628,694
$200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $25,777,202 $25,777,202 $5,004,491 $4,956,393 $2,357,130 $2,599,263
$48,098 $48,098 $1,145,628,694
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, have a chemical dependency and who need assistance for compulsive gambling.
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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 FFIND Temp. Assistance for Needy Families CFDA93.558
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements
$44,653,249 $44,653,249 $44,404,231
$200,000 $29,607,511
$2,500,000 $528,000 $528,000
$11,568,720 $435,203 $200,000 $200,000 $234,903
$44,653,249 $44,653,249 $44,404,231
$200,000 $29,607,511
$2,500,000 $528,000 $528,000
$11,568,720 $435,203 $200,000 $200,000 $234,903
$44,653,249 $44,653,249 $44,404,231
$200,000 $29,607,511
$2,500,000 $528,000 $528,000
$11,568,720 $435,203 $200,000 $200,000 $234,903
THURSDAY, FEBRUARY 19, 2015
725
Rebates, Refunds, and Reimbursements Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$234,903 $300 $300
$89,492,683
$234,903 $300 $300
$89,492,683
$234,903 $300 $300
$89,492,683
54.1 Reduce funds to reflect a one-time credit from the Employees' Retirement System.
State General Funds
($15,592)
($15,592)
($15,592)
54.100 -Adult Addictive Diseases Services
Appropriation (HB 75)
The purpose of this appropriation is to provide a continuum of programs, services and supports for adults who abuse alcohol and
other drugs, have a chemical dependency and who need assistance for compulsive gambling.
TOTAL STATE FUNDS
$44,637,657 $44,637,657 $44,637,657
State General Funds
$44,637,657 $44,637,657 $44,637,657
TOTAL FEDERAL FUNDS
$44,404,231 $44,404,231 $44,404,231
Medical Assistance Program CFDA93.778
$200,000
$200,000
$200,000
Prevention & Treatment of Substance Abuse Grant CFDA93.959
$29,607,511 $29,607,511 $29,607,511
FFIND Social Services Block Grant CFDA93.667
$2,500,000
$2,500,000
$2,500,000
Temporary Assistance for Needy Families
$528,000
$528,000
$528,000
Temporary Assistance for Needy Families Grant CFDA93.558
$528,000
$528,000
$528,000
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
$89,477,091 $89,477,091 $89,477,091
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.
726
JOURNAL OF THE HOUSE
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
$277,612,176 $267,357,038 $10,255,138 $42,980,753 $12,336,582 $30,644,171 $12,960,000 $12,960,000 $12,960,000 $333,552,929
$277,612,176 $267,357,038 $10,255,138 $42,980,753 $12,336,582 $30,644,171 $12,960,000 $12,960,000 $12,960,000 $333,552,929
$277,612,176 $267,357,038 $10,255,138 $42,980,753 $12,336,582 $30,644,171 $12,960,000 $12,960,000 $12,960,000 $333,552,929
55.1 Reduce funds to reflect a one-time credit from the Employees' Retirement System.
State General Funds
($475,552)
($475,552)
($475,552)
55.100-Adult Developmental Disabilities Services
Appropriation (HB 75)
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
$277,136,624 $277,136,624 $277,136,624
State General Funds
$266,881,486 $266,881,486 $266,881,486
Tobacco Settlement Funds
$10,255,138 $10,255,138 $10,255,138
TOTAL FEDERAL FUNDS
$42,980,753 $42,980,753 $42,980,753
Medical Assistance Program CFDA93.778
$12,336,582 $12,336,582 $12,336,582
FFIND Social Services Block Grant CFDA93.667
$30,644,171 $30,644,171 $30,644,171
TOTAL AGENCY FUNDS
$12,960,000 $12,960,000 $12,960,000
Sales and Services
$12,960,000 $12,960,000 $12,960,000
Sales and Services Not Itemized
$12,960,000 $12,960,000 $12,960,000
TOTAL PUBLIC FUNDS
$333,077,377 $333,077,377 $333,077,377
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.
THURSDAY, FEBRUARY 19, 2015
727
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$88,703,914 $88,703,914
$26,500 $26,500 $26,500 $88,730,414
$88,703,914 $88,703,914
$26,500 $26,500 $26,500 $88,730,414
$88,703,914 $88,703,914
$26,500 $26,500 $26,500 $88,730,414
56.100 -Adult Forensic Services
Appropriation (HB 75)
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
$88,703,914 $88,703,914 $88,703,914
State General Funds
$88,703,914 $88,703,914 $88,703,914
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
$88,730,414 $88,730,414 $88,730,414
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
$346,102,519 $346,102,519 $11,858,953
$3,062,355 $6,726,178 $2,070,420 $2,220,095 $2,220,095 $2,220,095 $360,181,567
$346,102,519 $346,102,519 $11,858,953
$3,062,355 $6,726,178 $2,070,420 $2,220,095 $2,220,095 $2,220,095 $360,181,567
$346,102,519 $346,102,519 $11,858,953
$3,062,355 $6,726,178 $2,070,420 $2,220,095 $2,220,095 $2,220,095 $360,181,567
728
JOURNAL OF THE HOUSE
57.1 Reduce funds to reflect a one-time credit from the Employees' Retirement System.
State General Funds
($288,450)
($288,450)
($288,450)
57.100 -Adult Mental Health Services
Appropriation (HB 75)
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
$345,814,069 $345,814,069 $345,814,069
State General Funds
$345,814,069 $345,814,069 $345,814,069
TOTAL FEDERAL FUNDS
$11,858,953 $11,858,953 $11,858,953
Federal Funds Not Itemized
$3,062,355
$3,062,355
$3,062,355
Community Mental Health Services Block Grant CFDA93.958
$6,726,178
$6,726,178
$6,726,178
Medical Assistance Program CFDA93.778
$2,070,420
$2,070,420
$2,070,420
TOTAL AGENCY FUNDS
$2,220,095
$2,220,095
$2,220,095
Sales and Services
$2,220,095
$2,220,095
$2,220,095
Sales and Services Not Itemized
$2,220,095
$2,220,095
$2,220,095
TOTAL PUBLIC FUNDS
$359,893,117 $359,893,117 $359,893,117
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
$3,277,358 $3,277,358 $8,114,223
$236,074 $7,878,149 $11,391,581
$3,277,358 $3,277,358 $8,114,223
$236,074 $7,878,149 $11,391,581
$3,277,358 $3,277,358 $8,114,223
$236,074 $7,878,149 $11,391,581
58.100-Child and Adolescent Addictive Diseases Services
Appropriation (HB 75)
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
$3,277,358
$3,277,358
$3,277,358
State General Funds
$3,277,358
$3,277,358
$3,277,358
THURSDAY, FEBRUARY 19, 2015
729
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959
TOTAL PUBLIC FUNDS
$8,114,223 $236,074
$7,878,149 $11,391,581
$8,114,223 $236,074
$7,878,149 $11,391,581
$8,114,223 $236,074
$7,878,149 $11,391,581
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
$8,822,918 $8,822,918 $3,588,692 $3,588,692 $12,411,610
$8,822,918 $8,822,918 $3,588,692 $3,588,692 $12,411,610
$8,822,918 $8,822,918 $3,588,692 $3,588,692 $12,411,610
59.100-Child and Adolescent Developmental Disabilities
Appropriation (HB 75)
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
$8,822,918
$8,822,918
$8,822,918
State General Funds
$8,822,918
$8,822,918
$8,822,918
TOTAL FEDERAL FUNDS
$3,588,692
$3,588,692
$3,588,692
Medical Assistance Program CFDA93.778
$3,588,692
$3,588,692
$3,588,692
TOTAL PUBLIC FUNDS
$12,411,610 $12,411,610 $12,411,610
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
$5,193,233 $5,193,233 $5,193,233
$5,193,233 $5,193,233 $5,193,233
$5,193,233 $5,193,233 $5,193,233
730
JOURNAL OF THE HOUSE
60.100 -Child and Adolescent Forensic Services
Appropriation (HB 75)
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
$5,193,233
$5,193,233
$5,193,233
State General Funds
$5,193,233
$5,193,233
$5,193,233
TOTAL PUBLIC FUNDS
$5,193,233
$5,193,233
$5,193,233
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
$49,231,759 $49,231,759 $10,324,515
$7,437,531 $2,886,984
$85,000 $85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $62,226,055
$49,231,759 $49,231,759 $10,324,515
$7,437,531 $2,886,984
$85,000 $85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $62,226,055
$49,231,759 $49,231,759 $10,324,515
$7,437,531 $2,886,984
$85,000 $85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $62,226,055
61.100 -Child and Adolescent Mental Health Services
Appropriation (HB 75)
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
$49,231,759 $49,231,759 $49,231,759
State General Funds
$49,231,759 $49,231,759 $49,231,759
TOTAL FEDERAL FUNDS
$10,324,515 $10,324,515 $10,324,515
Community Mental Health Services Block Grant CFDA93.958
$7,437,531
$7,437,531
$7,437,531
THURSDAY, FEBRUARY 19, 2015
731
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
$2,886,984 $85,000 $85,000 $85,000
$2,584,781 $2,536,683 $2,536,683
$48,098 $48,098 $62,226,055
$2,886,984 $85,000 $85,000 $85,000
$2,584,781 $2,536,683 $2,536,683
$48,098 $48,098 $62,226,055
$2,886,984 $85,000 $85,000 $85,000
$2,584,781 $2,536,683 $2,536,683
$48,098 $48,098 $62,226,055
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
$37,183,252 $37,183,252 $11,715,584
$4,378,613 $7,336,971
$22,133 $22,133 $22,133 $48,920,969
$37,183,252 $37,183,252 $11,715,584
$4,378,613 $7,336,971
$22,133 $22,133 $22,133 $48,920,969
$37,183,252 $37,183,252 $11,715,584
$4,378,613 $7,336,971
$22,133 $22,133 $22,133 $48,920,969
62.100-Departmental Administration-Behavioral Health
Appropriation (HB 75)
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
$37,183,252 $37,183,252 $37,183,252
State General Funds
$37,183,252 $37,183,252 $37,183,252
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
732
JOURNAL OF THE HOUSE
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS
$22,133 $22,133 $22,133 $48,920,969
$22,133 $22,133 $22,133 $48,920,969
$22,133 $22,133 $22,133 $48,920,969
Direct Care Support Services The purpose of this appropriation is to operate five state-owned and operated hospitals.
Continuation Budget
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
$106,913,512 $106,913,512 $11,153,331
$668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130
$62,580 $120,486,553
$106,913,512 $106,913,512 $11,153,331
$668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130
$62,580 $120,486,553
$106,913,512 $106,913,512 $11,153,331
$668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130
$62,580 $120,486,553
63.100 -Direct Care Support Services
The purpose of this appropriation is to operate five state-owned and operated hospitals.
TOTAL STATE FUNDS
$106,913,512
State General Funds
$106,913,512
TOTAL AGENCY FUNDS
$11,153,331
Royalties and Rents
$668,024
Royalties and Rents Not Itemized
$668,024
Sales and Services
$10,485,307
Sales and Services Not Itemized
$10,485,307
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$2,419,710
State Funds Transfers
$2,419,710
State Fund Transfers Not Itemized
$2,357,130
Appropriation (HB 75)
$106,913,512 $106,913,512 $11,153,331
$668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130
$106,913,512 $106,913,512 $11,153,331
$668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130
THURSDAY, FEBRUARY 19, 2015
733
Agency to Agency Contracts TOTAL PUBLIC FUNDS
$62,580
$62,580
$62,580
$120,486,553 $120,486,553 $120,486,553
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
$234,128 $234,128 $9,996,415 $9,996,415 $10,230,543
$234,128 $234,128 $9,996,415 $9,996,415 $10,230,543
$234,128 $234,128 $9,996,415 $9,996,415 $10,230,543
64.100-Substance Abuse Prevention
Appropriation (HB 75)
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
$234,128
$234,128
$234,128
State General Funds
$234,128
$234,128
$234,128
TOTAL FEDERAL FUNDS
$9,996,415
$9,996,415
$9,996,415
Prevention & Treatment of Substance Abuse Grant CFDA93.959
$9,996,415
$9,996,415
$9,996,415
TOTAL PUBLIC FUNDS
$10,230,543 $10,230,543 $10,230,543
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
$244,153 $244,153 $2,677,624 $2,677,624 $2,921,777
$244,153 $244,153 $2,677,624 $2,677,624 $2,921,777
$244,153 $244,153 $2,677,624 $2,677,624 $2,921,777
734
JOURNAL OF THE HOUSE
65.100-Developmental Disabilities, Georgia Council on
Appropriation (HB 75)
The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their
families.
TOTAL STATE FUNDS
$244,153
$244,153
$244,153
State General Funds
$244,153
$244,153
$244,153
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
$2,921,777
$2,921,777
$2,921,777
Sexual Offender Review Board
Continuation Budget
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 STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$661,254 $661,254 $661,254
$661,254 $661,254 $661,254
$661,254 $661,254 $661,254
66.1 Increase funds for new Board member training. State General Funds
$7,120
$7,120
$7,120
66.100 -Sexual Offender Review Board
Appropriation (HB 75)
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 STATE FUNDS
$668,374
$668,374
$668,374
State General Funds
$668,374
$668,374
$668,374
TOTAL PUBLIC FUNDS
$668,374
$668,374
$668,374
Section 16: Community Affairs, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
Section Total - Continuation
$64,428,953 $64,428,953 $64,428,953 $64,428,953 $172,892,464 $172,892,464 $172,892,464 $172,892,464
$64,428,953 $64,428,953 $172,892,464 $172,892,464
THURSDAY, FEBRUARY 19, 2015
735
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
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$13,110,483 $344,319 $344,319
$11,163,006 $11,163,006
$1,603,158 $1,603,158
$70,386 $60,480 $60,480
$9,906 $9,906 $250,502,286
$13,110,483 $344,319 $344,319
$11,163,006 $11,163,006
$1,603,158 $1,603,158
$70,386 $60,480 $60,480
$9,906 $9,906 $250,502,286
$13,110,483 $344,319 $344,319
$11,163,006 $11,163,006
$1,603,158 $1,603,158
$70,386 $60,480 $60,480
$9,906 $9,906 $250,502,286
Section Total - Final
$140,983,636 $140,983,636 $172,892,464 $172,892,464 $13,110,483
$344,319 $344,319 $11,163,006 $11,163,006 $1,603,158 $1,603,158
$70,386 $60,480 $60,480
$9,906 $9,906 $327,056,969
$140,983,636 $140,983,636 $172,892,464 $172,892,464 $13,110,483
$344,319 $344,319 $11,163,006 $11,163,006 $1,603,158 $1,603,158
$70,386 $60,480 $60,480
$9,906 $9,906 $327,056,969
$140,206,295 $140,206,295 $172,892,464 $172,892,464 $13,110,483
$344,319 $344,319 $11,163,006 $11,163,006 $1,603,158 $1,603,158
$70,386 $60,480 $60,480
$9,906 $9,906 $326,279,628
736
JOURNAL OF THE HOUSE
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
$240,794 $240,794
$75,116 $75,116 $257,804 $257,804 $257,804 $573,714
$240,794 $240,794
$75,116 $75,116 $257,804 $257,804 $257,804 $573,714
$240,794 $240,794
$75,116 $75,116 $257,804 $257,804 $257,804 $573,714
67.100 -Building Construction
Appropriation (HB 75)
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
$240,794
$240,794
$240,794
State General Funds
$240,794
$240,794
$240,794
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
$573,714
$573,714
$573,714
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
THURSDAY, FEBRUARY 19, 2015
737
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
$3,672,181 $3,672,181
$126,906 $126,906 $126,906 $3,799,087
$3,672,181 $3,672,181
$126,906 $126,906 $126,906 $3,799,087
$3,672,181 $3,672,181
$126,906 $126,906 $126,906 $3,799,087
68.100 -Coordinated Planning
Appropriation (HB 75)
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
$3,672,181
$3,672,181
$3,672,181
State General Funds
$3,672,181
$3,672,181
$3,672,181
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
$3,799,087
$3,799,087
$3,799,087
Departmental Administration
Continuation Budget
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
$1,116,849 $1,116,849 $3,216,000 $3,216,000 $2,214,775
$44,319 $44,319
$1,116,849 $1,116,849 $3,216,000 $3,216,000 $2,214,775
$44,319 $44,319
$1,116,849 $1,116,849 $3,216,000 $3,216,000 $2,214,775
$44,319 $44,319
738
JOURNAL OF THE HOUSE
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
$1,900,237 $1,900,237
$270,219 $270,219
$9,906 $9,906 $9,906 $6,557,530
$1,900,237 $1,900,237
$270,219 $270,219
$9,906 $9,906 $9,906 $6,557,530
$1,900,237 $1,900,237
$270,219 $270,219
$9,906 $9,906 $9,906 $6,557,530
69.100-Departmental Administration
Appropriation (HB 75)
The purpose of this appropriation is to provide administrative support for all programs of the department.
TOTAL STATE FUNDS
$1,116,849
$1,116,849
$1,116,849
State General Funds
$1,116,849
$1,116,849
$1,116,849
TOTAL FEDERAL FUNDS
$3,216,000
$3,216,000
$3,216,000
Federal Funds Not Itemized
$3,216,000
$3,216,000
$3,216,000
TOTAL AGENCY FUNDS
$2,214,775
$2,214,775
$2,214,775
Reserved Fund Balances
$44,319
$44,319
$44,319
Reserved Fund Balances Not Itemized
$44,319
$44,319
$44,319
Intergovernmental Transfers
$1,900,237
$1,900,237
$1,900,237
Intergovernmental Transfers Not Itemized
$1,900,237
$1,900,237
$1,900,237
Sales and Services
$270,219
$270,219
$270,219
Sales and Services Not Itemized
$270,219
$270,219
$270,219
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$9,906
$9,906
$9,906
Agency Funds Transfers
$9,906
$9,906
$9,906
Agency Fund Transfers Not Itemized
$9,906
$9,906
$9,906
TOTAL PUBLIC FUNDS
$6,557,530
$6,557,530
$6,557,530
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
$1,574,507 $1,574,507
$1,574,507 $1,574,507
$1,574,507 $1,574,507
THURSDAY, FEBRUARY 19, 2015
739
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
$52,272,828 $52,272,828
$305,415 $275,415 $275,415
$30,000 $30,000 $54,152,750
$52,272,828 $52,272,828
$305,415 $275,415 $275,415
$30,000 $30,000 $54,152,750
$52,272,828 $52,272,828
$305,415 $275,415 $275,415
$30,000 $30,000 $54,152,750
70.100-Federal Community and Economic Development Programs
Appropriation (HB 75)
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
$1,574,507
$1,574,507
$1,574,507
State General Funds
$1,574,507
$1,574,507
$1,574,507
TOTAL FEDERAL FUNDS
$52,272,828 $52,272,828 $52,272,828
Federal Funds Not Itemized
$52,272,828 $52,272,828 $52,272,828
TOTAL AGENCY FUNDS
$305,415
$305,415
$305,415
Intergovernmental Transfers
$275,415
$275,415
$275,415
Intergovernmental Transfers Not Itemized
$275,415
$275,415
$275,415
Sales and Services
$30,000
$30,000
$30,000
Sales and Services Not Itemized
$30,000
$30,000
$30,000
TOTAL PUBLIC FUNDS
$54,152,750 $54,152,750 $54,152,750
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
$0 $0 $474,298 $474,298
$0 $0 $474,298 $474,298
$0 $0 $474,298 $474,298
740
JOURNAL OF THE HOUSE
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$4,773,354 $4,773,354 $4,773,354 $5,247,652
$4,773,354 $4,773,354 $4,773,354 $5,247,652
$4,773,354 $4,773,354 $4,773,354 $5,247,652
71.100 -Homeownership Programs
Appropriation (HB 75)
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 Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$474,298 $474,298 $4,773,354 $4,773,354 $4,773,354 $5,247,652
$474,298 $474,298 $4,773,354 $4,773,354 $4,773,354 $5,247,652
$474,298 $474,298 $4,773,354 $4,773,354 $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
$1,032,544 $1,032,544
$108,000 $108,000 $188,650 $175,000 $175,000
$13,650
$1,032,544 $1,032,544
$108,000 $108,000 $188,650 $175,000 $175,000
$13,650
$1,032,544 $1,032,544
$108,000 $108,000 $188,650 $175,000 $175,000
$13,650
THURSDAY, FEBRUARY 19, 2015
741
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$13,650 $1,329,194
$13,650 $1,329,194
$13,650 $1,329,194
72.100 -Regional Services
Appropriation (HB 75)
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
$1,032,544
$1,032,544
$1,032,544
State General Funds
$1,032,544
$1,032,544
$1,032,544
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
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
$1,329,194
$1,329,194
$1,329,194
Rental Housing Programs
Continuation Budget
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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services
$0 $0 $114,948,262 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992
$0 $0 $114,948,262 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992
$0 $0 $114,948,262 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992
742
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$834,992
$834,992
$834,992
$118,940,343 $118,940,343 $118,940,343
73.100-Rental Housing Programs
Appropriation (HB 75)
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 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
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
$388,430 $388,430 $388,430
$388,430 $388,430 $388,430
$388,430 $388,430 $388,430
74.100-Research and Surveys
Appropriation (HB 75)
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
$388,430
$388,430
$388,430
State General Funds
$388,430
$388,430
$388,430
TOTAL PUBLIC FUNDS
$388,430
$388,430
$388,430
THURSDAY, FEBRUARY 19, 2015
743
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
TOTAL PUBLIC FUNDS
$2,962,892 $2,962,892 $1,702,960 $1,702,960
$776,725 $300,000 $300,000 $476,725 $476,725
$60,480 $60,480 $60,480 $5,503,057
$2,962,892 $2,962,892 $1,702,960 $1,702,960
$776,725 $300,000 $300,000 $476,725 $476,725
$60,480 $60,480 $60,480 $5,503,057
$2,962,892 $2,962,892 $1,702,960 $1,702,960
$776,725 $300,000 $300,000 $476,725 $476,725
$60,480 $60,480 $60,480 $5,503,057
75.100 -Special Housing Initiatives
Appropriation (HB 75)
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
744
JOURNAL OF THE HOUSE
State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$60,480 $60,480 $5,503,057
$60,480 $60,480 $5,503,057
$60,480 $60,480 $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
$750,313 $750,313
$55,284 $55,284 $55,284 $805,597
$750,313 $750,313
$55,284 $55,284 $55,284 $805,597
$750,313 $750,313
$55,284 $55,284 $55,284 $805,597
76.100-State Community Development Programs
Appropriation (HB 75)
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
$750,313
$750,313
$750,313
State General Funds
$750,313
$750,313
$750,313
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
$805,597
$805,597
$805,597
State Economic Development Programs
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
$21,089,109 $21,089,109
$95,000 $95,000
$21,089,109 $21,089,109
$95,000 $95,000
$21,089,109 $21,089,109
$95,000 $95,000
THURSDAY, FEBRUARY 19, 2015
745
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 $21,424,696
$240,587 $171,000 $171,000
$69,587 $69,587 $21,424,696
$240,587 $171,000 $171,000
$69,587 $69,587 $21,424,696
77.1 Increase funds for Regional Economic Business Assistance (REBA) grants.
State General Funds
$20,000,000 $20,000,000 $20,000,000
77.100-State Economic Development Programs
Appropriation (HB 75)
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
$41,089,109 $41,089,109 $41,089,109
State General Funds
$41,089,109 $41,089,109 $41,089,109
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
$41,424,696 $41,424,696 $41,424,696
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
$348,495 $348,495 $348,495
$348,495 $348,495 $348,495
$348,495 $348,495 $348,495
78.100-Payments to Georgia Environmental Finance Authority
Appropriation (HB 75)
The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects.
746
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$348,495 $348,495 $348,495
$348,495 $348,495 $348,495
$348,495 $348,495 $348,495
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
$11,252,839 $11,252,839 $11,252,839
$11,252,839 $11,252,839 $11,252,839
$11,252,839 $11,252,839 $11,252,839
79.1 Increase funds for Xpress operations. State General Funds
$1,554,683
$1,554,683
$777,342
79.100-Payments to Georgia Regional Transportation Authority
Appropriation (HB 75)
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
$12,807,522 $12,807,522 $12,030,181
State General Funds
$12,807,522 $12,807,522 $12,030,181
TOTAL PUBLIC FUNDS
$12,807,522 $12,807,522 $12,030,181
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
$20,000,000 $20,000,000
$178,902 $178,902 $178,902 $20,178,902
$20,000,000 $20,000,000
$178,902 $178,902 $178,902 $20,178,902
$20,000,000 $20,000,000
$178,902 $178,902 $178,902 $20,178,902
THURSDAY, FEBRUARY 19, 2015
747
80.1 Increase funds for economic development projects.
State General Funds
$20,000,000 $20,000,000 $20,000,000
80.2 Increase funds to provide additional competitive grants to local school systems for broadband internet connectivity through
the Connections for Classrooms program and provide funds for live online instruction and other digital platforms for students and
teachers.
State General Funds
$35,000,000 $35,000,000 $35,000,000
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
$75,000,000 $75,000,000
$178,902 $178,902 $178,902 $75,178,902
Appropriation (HB 75)
$75,000,000 $75,000,000
$178,902 $178,902 $178,902 $75,178,902
$75,000,000 $75,000,000
$178,902 $178,902 $178,902 $75,178,902
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 Intergovernmental Transfers Hospital Authorities Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services
Section Total - Continuation
$3,068,589,491 $3,068,589,491 $3,068,589,491
$2,526,647,599 $2,526,647,599 $2,526,647,599
$109,968,257 $109,968,257 $109,968,257
$167,756,401 $167,756,401 $167,756,401
$264,217,234 $264,217,234 $264,217,234
$6,513,205,963 $6,513,205,963 $6,513,205,963
$26,643,401 $26,643,401 $26,643,401
$6,153,947,877 $6,153,947,877 $6,153,947,877
$332,614,685 $332,614,685 $332,614,685
$220,087,828 $220,087,828 $220,087,828
$214,057,828 $214,057,828 $214,057,828
$214,057,828 $214,057,828 $214,057,828
$330,000
$330,000
$330,000
$330,000
$330,000
$330,000
$2,400,000
$2,400,000
$2,400,000
748
JOURNAL OF THE HOUSE
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 Health Insurance Payments Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS
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
$2,400,000
$2,400,000
$2,400,000
$3,300,000
$3,300,000
$3,300,000
$3,300,000
$3,300,000
$3,300,000
$3,454,999,007 $3,454,999,007 $3,454,999,007
$3,454,999,007 $3,454,999,007 $3,454,999,007
$1,168,519
$1,168,519
$1,168,519
$3,172,973,226 $3,172,973,226 $3,172,973,226
$280,857,262 $280,857,262 $280,857,262
$13,256,882,289 $13,256,882,289 $13,256,882,289
Section Total - Final
$3,107,997,597 $2,568,659,524
$109,968,257 $167,969,114 $261,400,702 $6,539,633,775 $26,643,401 $6,209,698,842 $303,291,532 $223,093,230
$1,805,402 $1,805,402 $214,057,828 $214,057,828
$330,000 $330,000 $3,600,000 $3,600,000 $3,300,000 $3,300,000 $3,373,256,462 $3,373,256,462
$3,107,974,974 $2,568,636,901
$109,968,257 $167,969,114 $261,400,702 $6,539,531,045 $26,643,401 $6,209,596,112 $303,291,532 $223,093,230
$1,805,402 $1,805,402 $214,057,828 $214,057,828
$330,000 $330,000 $3,600,000 $3,600,000 $3,300,000 $3,300,000 $3,373,256,462 $3,373,256,462
$3,108,026,340 $2,568,688,267
$109,968,257 $167,969,114 $261,400,702 $6,539,582,410 $26,643,401 $6,209,647,477 $303,291,532 $223,093,230
$1,805,402 $1,805,402 $214,057,828 $214,057,828
$330,000 $330,000 $3,600,000 $3,600,000 $3,300,000 $3,300,000 $3,373,256,462 $3,373,256,462
THURSDAY, FEBRUARY 19, 2015
749
Agency to Agency Contracts Health Insurance Payments Optional Medicaid Services Payments TOTAL PUBLIC FUNDS
$1,168,519
$1,168,519
$1,168,519
$3,091,230,681 $3,091,230,681 $3,091,230,681
$280,857,262 $280,857,262 $280,857,262
$13,243,981,064 $13,243,855,711 $13,243,958,442
Departmental Administration and Program Support
Continuation Budget
The purpose of this appropriation is to provide administrative support to all departmental programs.
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 Sanctions, Fines, and Penalties Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Health Insurance Payments
TOTAL PUBLIC FUNDS
$66,857,380 $66,857,380 $296,140,528
$1,921,233 $267,962,627 $26,256,668
$3,630,000 $330,000 $330,000
$3,300,000 $3,300,000 $22,480,104 $22,480,104 $1,168,519 $21,311,585 $389,108,012
$66,857,380 $66,857,380 $296,140,528
$1,921,233 $267,962,627 $26,256,668
$3,630,000 $330,000 $330,000
$3,300,000 $3,300,000 $22,480,104 $22,480,104 $1,168,519 $21,311,585 $389,108,012
$66,857,380 $66,857,380 $296,140,528
$1,921,233 $267,962,627 $26,256,668
$3,630,000 $330,000 $330,000
$3,300,000 $3,300,000 $22,480,104 $22,480,104 $1,168,519 $21,311,585 $389,108,012
81.1 Reduce funds for operations. State General Funds
($82,725)
($82,725)
($82,725)
81.100-Departmental Administration and Program Support
Appropriation (HB 75)
The purpose of this appropriation is to provide administrative support to all departmental programs.
TOTAL STATE FUNDS
$66,774,655 $66,774,655 $66,774,655
State General Funds
$66,774,655 $66,774,655 $66,774,655
TOTAL FEDERAL FUNDS
$296,140,528 $296,140,528 $296,140,528
750
JOURNAL OF THE HOUSE
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
Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Agency to Agency Contracts Health Insurance Payments
TOTAL PUBLIC FUNDS
$1,921,233 $267,962,627 $26,256,668
$3,630,000 $330,000 $330,000
$3,300,000 $3,300,000 $22,480,104 $22,480,104 $1,168,519 $21,311,585 $389,025,287
$1,921,233 $267,962,627 $26,256,668
$3,630,000 $330,000 $330,000
$3,300,000 $3,300,000 $22,480,104 $22,480,104 $1,168,519 $21,311,585 $389,025,287
$1,921,233 $267,962,627 $26,256,668
$3,630,000 $330,000 $330,000
$3,300,000 $3,300,000 $22,480,104 $22,480,104 $1,168,519 $21,311,585 $389,025,287
Georgia Board of Dentistry
Continuation Budget
The purpose of this appropriation is to protect public health by licensing qualified applicants as dentists and dental hygienists,
regulating the practice of dentistry, investigating complaints, and taking appropriate disciplinary action when warranted.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$802,970 $802,970 $802,970
$802,970 $802,970 $802,970
$802,970 $802,970 $802,970
82.1 Reduce funds for operations. State General Funds
($4,999)
$0
$0
82.100-Georgia Board of Dentistry
Appropriation (HB 75)
The purpose of this appropriation is to protect public health by licensing qualified applicants as dentists and dental hygienists,
regulating the practice of dentistry, investigating complaints, and taking appropriate disciplinary action when warranted.
TOTAL STATE FUNDS
$797,971
$802,970
$802,970
State General Funds
$797,971
$802,970
$802,970
TOTAL PUBLIC FUNDS
$797,971
$802,970
$802,970
THURSDAY, FEBRUARY 19, 2015
751
Georgia State Board of Pharmacy
Continuation Budget
The purpose of this appropriation is to protect public health by licensing qualified pharmacists and pharmacies, regulating the
practice of pharmacy, investigating complaints, and taking appropriate disciplinary actions when warranted.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$744,573 $744,573 $744,573
$744,573 $744,573 $744,573
$744,573 $744,573 $744,573
83.1 Reduce funds for operations. State General Funds
($4,999)
$0
$0
83.100-Georgia State Board of Pharmacy
Appropriation (HB 75)
The purpose of this appropriation is to protect public health by licensing qualified pharmacists and pharmacies, regulating the
practice of pharmacy, investigating complaints, and taking appropriate disciplinary actions when warranted.
TOTAL STATE FUNDS
$739,574
$744,573
$744,573
State General Funds
$739,574
$744,573
$744,573
TOTAL PUBLIC FUNDS
$739,574
$744,573
$744,573
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
$7,877,990 $7,877,990 $16,446,551 $16,030,301
$416,250 $24,324,541
$7,877,990 $7,877,990 $16,446,551 $16,030,301
$416,250 $24,324,541
$7,877,990 $7,877,990 $16,446,551 $16,030,301
$416,250 $24,324,541
752
JOURNAL OF THE HOUSE
84.100 -Health Care Access and Improvement
Appropriation (HB 75)
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
$7,877,990
$7,877,990
$7,877,990
State General Funds
$7,877,990
$7,877,990
$7,877,990
TOTAL FEDERAL FUNDS
$16,446,551 $16,446,551 $16,446,551
Federal Funds Not Itemized
$16,030,301 $16,030,301 $16,030,301
Medical Assistance Program CFDA93.778
$416,250
$416,250
$416,250
TOTAL PUBLIC FUNDS
$24,324,541 $24,324,541 $24,324,541
Healthcare Facility Regulation
Continuation Budget
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 Federal Funds Not Itemized Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$7,475,244 $7,475,244 $9,227,396 $5,904,653 $3,322,743
$100,000 $100,000 $100,000 $16,802,640
$7,475,244 $7,475,244 $9,227,396 $5,904,653 $3,322,743
$100,000 $100,000 $100,000 $16,802,640
$7,475,244 $7,475,244 $9,227,396 $5,904,653 $3,322,743
$100,000 $100,000 $100,000 $16,802,640
85.1 Increase funds to replace funds lost as a result of updates to the cost allocation plan.
State General Funds
$2,895,661
$2,895,661
$2,895,661
85.2 Increase funds for personnel for eight additional nurse surveyors effective April 1, 2015. (S:Increase funds for personnel for
four additional nurse surveyors effective April 1, 2015)
State General Funds
$102,731
$0
$51,366
Medical Assistance Program CFDA93.778
$102,730
$0
$51,365
Total Public Funds:
$205,461
$0
$102,731
THURSDAY, FEBRUARY 19, 2015
753
85.100 -Healthcare Facility Regulation
Appropriation (HB 75)
The purpose of this appropriation is to inspect and license long term care and health care facilities.
TOTAL STATE FUNDS
$10,473,636 $10,370,905 $10,422,271
State General Funds
$10,473,636 $10,370,905 $10,422,271
TOTAL FEDERAL FUNDS
$9,330,126
$9,227,396
$9,278,761
Federal Funds Not Itemized
$5,904,653
$5,904,653
$5,904,653
Medical Assistance Program CFDA93.778
$3,425,473
$3,322,743
$3,374,108
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
$19,903,762 $19,698,301 $19,801,032
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
TOTAL PUBLIC FUNDS
$0 $0 $257,075,969 $257,075,969 $141,586,524 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $398,662,493
$0 $0 $257,075,969 $257,075,969 $141,586,524 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $398,662,493
$0 $0 $257,075,969 $257,075,969 $141,586,524 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $398,662,493
86.1 Increase funds for the state match for private deemed and non-deemed hospitals eligible for the Disproportionate Share
Hospital (DSH) program.
State General Funds
$14,133,296 $14,133,296 $14,133,296
Medical Assistance Program CFDA93.778
$28,617,145 $28,617,145 $28,617,145
Total Public Funds:
$42,750,441 $42,750,441 $42,750,441
754
JOURNAL OF THE HOUSE
86.2 Utilize prior year reserve funds for the state match for private deemed and non-deemed hospitals eligible for the
Disproportionate Share Hospital (DSH) program.
Medical Assistance Program CFDA93.778
$3,655,584
$3,655,584
$3,655,584
Reserved Fund Balances Not Itemized
$1,805,402
$1,805,402
$1,805,402
Total Public Funds:
$5,460,986
$5,460,986
$5,460,986
86.3 Increase funds to reflect actual funds available. (H and S:Increase funds in the Ambulance Licensing Fee activity to reflect
actual funds available and utilize funds to pay claims for adult rotary wing emergency transport as directed by HB 744 (2014
Session))
Sales and Services Not Itemized
$1,000,000
$1,000,000
$1,000,000
86.100 -Indigent Care Trust Fund
Appropriation (HB 75)
The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals that serve medically indigent
Georgians.
TOTAL STATE FUNDS
$14,133,296 $14,133,296 $14,133,296
State General Funds
$14,133,296 $14,133,296 $14,133,296
TOTAL FEDERAL FUNDS
$289,348,698 $289,348,698 $289,348,698
Medical Assistance Program CFDA93.778
$289,348,698 $289,348,698 $289,348,698
TOTAL AGENCY FUNDS
$144,391,926 $144,391,926 $144,391,926
Reserved Fund Balances
$1,805,402
$1,805,402
$1,805,402
Reserved Fund Balances Not Itemized
$1,805,402
$1,805,402
$1,805,402
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
$3,200,000
$3,200,000
$3,200,000
Sales and Services Not Itemized
$3,200,000
$3,200,000
$3,200,000
TOTAL PUBLIC FUNDS
$447,873,920 $447,873,920 $447,873,920
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 for nursing homes
pursuant to Article 6A.
THURSDAY, FEBRUARY 19, 2015
755
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 Intergovernmental Transfers Hospital Authorities
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS
$1,593,729,697 $1,397,353,148
$167,756,401 $28,620,148 $3,256,563,952
$2,787,214 $3,253,776,738
$62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,179,925,269
$1,593,729,697 $1,397,353,148
$167,756,401 $28,620,148 $3,256,563,952
$2,787,214 $3,253,776,738
$62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,179,925,269
$1,593,729,697 $1,397,353,148
$167,756,401 $28,620,148 $3,256,563,952
$2,787,214 $3,253,776,738
$62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,179,925,269
87.1 Reduce funds for projected growth.
State General Funds
($80,372,235) ($80,372,235) ($80,372,235)
Medical Assistance Program CFDA93.778
($172,605,255) ($172,605,255) ($172,605,255)
Total Public Funds:
($252,977,490) ($252,977,490) ($252,977,490)
87.2 Increase funds for new Hepatitis C drugs.
State General Funds
$19,708,761 $19,708,761 $19,708,761
Medical Assistance Program CFDA93.778
$39,595,239 $39,595,239 $39,595,239
Total Public Funds:
$59,304,000 $59,304,000 $59,304,000
87.3 Increase funds for one-time funding for a federal audit settlement.
State General Funds
$1,978,433
$1,978,433
$1,978,433
87.4 Increase funds to restore funds for unachievable savings from the implementation of the Public Assistance Reporting
Information System (PARIS).
State General Funds
$500,000
$500,000
$500,000
Medical Assistance Program CFDA93.778
$1,001,051
$1,001,051
$1,001,051
Total Public Funds:
$1,501,051
$1,501,051
$1,501,051
756
JOURNAL OF THE HOUSE
87.5 Increase funds to restore funds for unachievable savings from Hospital Cost Settlements.
State General Funds
$2,583,000
$2,583,000
$2,583,000
Medical Assistance Program CFDA93.778
$5,171,428
$5,171,428
$5,171,428
Total Public Funds:
$7,754,428
$7,754,428
$7,754,428
87.6 Increase funds to restore funds for unachievable savings from the implementation of case management.
State General Funds
$4,150,677
$4,150,677
$4,150,677
Medical Assistance Program CFDA93.778
$8,310,077
$8,310,077
$8,310,077
Total Public Funds:
$12,460,754 $12,460,754 $12,460,754
87.7 Increase funds to reflect projected Nursing Home Provider Fee revenue.
Medical Assistance Program CFDA93.778
$425,873
$425,873
$425,873
Nursing Home Provider Fees
$212,713
$212,713
$212,713
Total Public Funds:
$638,586
$638,586
$638,586
87.8 Utilize enhanced federal participation rate to increase Medicaid reimbursement rates for personal support services by 5% in
the Independent Care Waiver Program (ICWP).
Medical Assistance Program CFDA93.778
$2,927,361
$2,927,361
$2,927,361
87.100 -Medicaid: Aged, Blind, and Disabled
Appropriation (HB 75)
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 STATE FUNDS
$1,542,491,046 $1,542,491,046 $1,542,491,046
State General Funds
$1,345,901,784 $1,345,901,784 $1,345,901,784
Nursing Home Provider Fees
$167,969,114 $167,969,114 $167,969,114
Hospital Provider Fee
$28,620,148 $28,620,148 $28,620,148
TOTAL FEDERAL FUNDS
$3,141,389,726 $3,141,389,726 $3,141,389,726
Federal Funds Not Itemized
$2,787,214
$2,787,214
$2,787,214
Medical Assistance Program CFDA93.778
$3,138,602,512 $3,138,602,512 $3,138,602,512
TOTAL AGENCY FUNDS
$62,342,988 $62,342,988 $62,342,988
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
THURSDAY, FEBRUARY 19, 2015
757
Optional Medicaid Services Payments TOTAL PUBLIC FUNDS
$267,288,632 $267,288,632 $267,288,632 $5,013,512,392 $5,013,512,392 $5,013,512,392
Medicaid: Low-Income Medicaid
Continuation Budget
The purpose of this appropriation is to provide healthcare access primarily to low-income individuals.
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Hospital Provider Fee
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Intergovernmental Transfers Hospital Authorities
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS
$1,241,617,401 $897,879,278 $109,968,257 $233,769,866
$2,371,393,550 $2,371,393,550
$12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,638,756,114
$1,241,617,401 $897,879,278 $109,968,257 $233,769,866
$2,371,393,550 $2,371,393,550
$12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,638,756,114
$1,241,617,401 $897,879,278 $109,968,257 $233,769,866
$2,371,393,550 $2,371,393,550
$12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,638,756,114
88.1 Increase funds for projected growth.
State General Funds
$65,256,675 $65,256,675 $65,256,675
Medical Assistance Program CFDA93.778
$106,554,850 $106,554,850 $106,554,850
Total Public Funds:
$171,811,525 $171,811,525 $171,811,525
88.2 Increase funds for one-time funding for a federal audit settlement.
State General Funds
$1,390,259
$1,390,259
$1,390,259
88.3 Increase funds to account for increased enrollment caused by the Patient Protection and Affordable Care Act (PPACA)
requirement that hospitals be allowed to determine presumptive eligibility for low-income Medicaid eligibility groups.
State General Funds
$2,354,550
$2,354,550
$2,354,550
Medical Assistance Program CFDA93.778
$4,714,048
$4,714,048
$4,714,048
Total Public Funds:
$7,068,598
$7,068,598
$7,068,598
758
JOURNAL OF THE HOUSE
88.4 Increase funds to account for the continued implementation of 12-month eligibility reviews as required by the Patient
Protection and Affordable Care Act (PPACA).
State General Funds
$14,126,603 $14,126,603 $14,126,603
Medical Assistance Program CFDA93.778
$28,282,891 $28,282,891 $28,282,891
Total Public Funds:
$42,409,494 $42,409,494 $42,409,494
88.5 Increase funds to restore funds that were transferred to the Department of Public Health in HB744 (2014 Session) for Center
for Oncology Research and Education (CORE).
State General Funds
$225,000
$225,000
$225,000
Medical Assistance Program CFDA93.778
$450,472
$450,472
$450,472
Total Public Funds:
$675,472
$675,472
$675,472
88.6 Increase funds to restore funds for unachievable savings from the implementation of the Public Assistance Reporting
Information System (PARIS).
State General Funds
$327,030
$327,030
$327,030
Medical Assistance Program CFDA93.778
$654,747
$654,747
$654,747
Total Public Funds:
$981,777
$981,777
$981,777
88.7 Increase funds to restore funds for unachievable savings from Hospital Cost Settlements.
State General Funds
$1,764,000
$1,764,000
$1,764,000
Medical Assistance Program CFDA93.778
$3,531,707
$3,531,707
$3,531,707
Total Public Funds:
$5,295,707
$5,295,707
$5,295,707
88.8 Reduce funds to reflect projected Hospital Provider Payment revenue.
Medical Assistance Program CFDA93.778
($5,638,983) ($5,638,983) ($5,638,983)
Hospital Provider Fee
($2,816,532) ($2,816,532) ($2,816,532)
Total Public Funds:
($8,455,515) ($8,455,515) ($8,455,515)
88.100 -Medicaid: Low-Income Medicaid
Appropriation (HB 75)
The purpose of this appropriation is to provide healthcare access primarily to low-income individuals.
TOTAL STATE FUNDS
$1,324,244,986 $1,324,244,986 $1,324,244,986
State General Funds
$983,323,395 $983,323,395 $983,323,395
Tobacco Settlement Funds
$109,968,257 $109,968,257 $109,968,257
Hospital Provider Fee
$230,953,334 $230,953,334 $230,953,334
TOTAL FEDERAL FUNDS
$2,509,943,282 $2,509,943,282 $2,509,943,282
Medical Assistance Program CFDA93.778
$2,509,943,282 $2,509,943,282 $2,509,943,282
TOTAL AGENCY FUNDS
$12,328,316 $12,328,316 $12,328,316
THURSDAY, FEBRUARY 19, 2015
759
Intergovernmental Transfers Hospital Authorities
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS
$12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,859,933,431
$12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,859,933,431
$12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,859,933,431
PeachCare
Continuation Budget
The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children.
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
$93,922,150 $92,094,930
$1,827,220 $306,358,017 $306,358,017
$151,783 $151,783 $151,783 $400,431,950
$93,922,150 $92,094,930
$1,827,220 $306,358,017 $306,358,017
$151,783 $151,783 $151,783 $400,431,950
$93,922,150 $92,094,930
$1,827,220 $306,358,017 $306,358,017
$151,783 $151,783 $151,783 $400,431,950
89.1 Reduce funds to reflect projected growth.
State General Funds
($9,106,757) ($9,106,757) ($9,106,757)
State Children's Insurance Program CFDA93.767
($29,944,517) ($29,944,517) ($29,944,517)
Total Public Funds:
($39,051,274) ($39,051,274) ($39,051,274)
89.2 Increase funds to restore funds for unachievable savings from the implementation of the Public Assistance Reporting
Information System (PARIS).
State General Funds
$35,970
$35,970
$35,970
State Children's Insurance Program CFDA93.767
$118,275
$118,275
$118,275
Total Public Funds:
$154,245
$154,245
$154,245
89.3 Increase funds to restore funds for unachievable savings from Hospital Cost Settlements.
State General Funds
$153,000
$153,000
$153,000
State Children's Insurance Program CFDA93.767
$503,089
$503,089
$503,089
Total Public Funds:
$656,089
$656,089
$656,089
760
JOURNAL OF THE HOUSE
89.100 -PeachCare
Appropriation (HB 75)
The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children.
TOTAL STATE FUNDS
$85,004,363 $85,004,363 $85,004,363
State General Funds
$83,177,143 $83,177,143 $83,177,143
Hospital Provider Fee
$1,827,220
$1,827,220
$1,827,220
TOTAL FEDERAL FUNDS
$277,034,864 $277,034,864 $277,034,864
State Children's Insurance Program CFDA93.767
$277,034,864 $277,034,864 $277,034,864
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$151,783
$151,783
$151,783
State Funds Transfers
$151,783
$151,783
$151,783
Optional Medicaid Services Payments
$151,783
$151,783
$151,783
TOTAL PUBLIC FUNDS
$362,191,010 $362,191,010 $362,191,010
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 $3,151,661,641 $3,151,661,641 $3,151,661,641 $3,151,661,641
$0 $0 $3,151,661,641 $3,151,661,641 $3,151,661,641 $3,151,661,641
$0 $0 $3,151,661,641 $3,151,661,641 $3,151,661,641 $3,151,661,641
90.1 Increase funds to reflect the cost of the bariatric surgery pilot program effective January 1, 2015.
Health Insurance Payments
$2,700,000
$2,700,000
$2,700,000
90.2 Increase funds to account for the projected increased enrollment due to the individual mandate and auto-enrollment of new
employees as required by the Patient Protection and Affordable Care Act (PPACA).
Health Insurance Payments
$3,675,000
$3,675,000
$3,675,000
90.3 Increase funds to reflect limits imposed on cost sharing by the Patient Protection and Affordable Care Act (PPACA).
Health Insurance Payments
$5,946,000
$5,946,000
$5,946,000
THURSDAY, FEBRUARY 19, 2015
761
90.4 Reduce funds to reflect a scheduled reduction in the Transitional Reinsurance Fee imposed by the Patient Protection and
Affordable Care Act (PPACA).
Health Insurance Payments
($1,029,000) ($1,029,000) ($1,029,000)
90.5 Increase funds for members requiring treatment with new Hepatitis C drugs.
Health Insurance Payments
$12,000,000 $12,000,000 $12,000,000
90.6 Reduce funds to reflect updated projections for membership, medical services utilization, and medical trend changes.
Health Insurance Payments
($292,157,041) ($292,157,041) ($292,157,041)
90.7 Increase funds for reserves to fund future claims and Other Post-Employment Benefits (OPEB) liabilities.
Health Insurance Payments
$187,122,496 $187,122,496 $187,122,496
90.8 Submit a study to the Governor and General Assembly by June 30, 2015 that examines why SHBP's costs are higher than other
comparable government employee health plans and describe a variety of options for reducing costs without further diminishing the
value of health benefits received by members. (G:YES)(H and S:Submit a study to the Governor and General Assembly by June 30,
2015 that examines why SHBP's costs are higher than other comparable government employee health plans and describe a variety of
options for reducing costs without further diminishing the value of health benefits received by members. The General Assembly also
finds that non-certificated school employees are an essential part of the education delivery system and directs that any such report
include an examination of options to provide health benefits to these workers)
Health Insurance Payments
$0
$0
$0
90.100-State Health Benefit Plan
Appropriation (HB 75)
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
$3,069,919,096 $3,069,919,096 $3,069,919,096 $3,069,919,096
$3,069,919,096 $3,069,919,096 $3,069,919,096 $3,069,919,096
$3,069,919,096 $3,069,919,096 $3,069,919,096 $3,069,919,096
Physician Workforce, Georgia Board for: Board Administration
Continuation Budget
The purpose of this appropriation is to provide administrative support to all agency programs.
762
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$695,782 $695,782 $695,782
$695,782 $695,782 $695,782
$695,782 $695,782 $695,782
91.1 Reduce funds for personnel to eliminate two vacant positions. (H and S:Eliminate one vacant position)
State General Funds
($96,006)
($45,006)
($45,006)
91.100 -Physician Workforce, Georgia Board for: Board Administration
The purpose of this appropriation is to provide administrative support to all agency programs.
TOTAL STATE FUNDS
$599,776
State General Funds
$599,776
TOTAL PUBLIC FUNDS
$599,776
Appropriation (HB 75)
$650,776 $650,776 $650,776
$650,776 $650,776 $650,776
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
$8,905,464 $8,905,464 $8,905,464
$8,905,464 $8,905,464 $8,905,464
$8,905,464 $8,905,464 $8,905,464
92.100-Physician Workforce, Georgia Board for: Graduate Medical Education
Appropriation (HB 75)
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
$8,905,464
$8,905,464
$8,905,464
State General Funds
$8,905,464
$8,905,464
$8,905,464
TOTAL PUBLIC FUNDS
$8,905,464
$8,905,464
$8,905,464
Physician Workforce, Georgia Board for: Mercer School of Medicine Grant
Continuation Budget
THURSDAY, FEBRUARY 19, 2015
763
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
$22,769,911 $22,769,911 $22,769,911
$22,769,911 $22,769,911 $22,769,911
$22,769,911 $22,769,911 $22,769,911
93.100-Physician Workforce, Georgia Board for: Mercer School of Medicine Grant
Appropriation (HB 75)
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
$22,769,911 $22,769,911 $22,769,911
State General Funds
$22,769,911 $22,769,911 $22,769,911
TOTAL PUBLIC FUNDS
$22,769,911 $22,769,911 $22,769,911
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
$15,933,643 $15,933,643 $15,933,643
$15,933,643 $15,933,643 $15,933,643
$15,933,643 $15,933,643 $15,933,643
94.99 SAC: The purpose of this appropriation is to provide funding for the Morehouse School of Medicine and affiliated hospitals to help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with the State of Georgia. House: The purpose of this appropriation is to provide funding for the Morehouse School of Medicine and affiliated hospitals to help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with the State of Georgia. Governor: The purpose of this appropriation is to provide funding for the Morehouse School of Medicine and affiliated hospitals to help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with the State of Georgia.
764
JOURNAL OF THE HOUSE
State General Funds
$0
$0
$0
94.100-Physician Workforce, Georgia Board for: Morehouse School of Medicine Grant
Appropriation (HB 75)
The purpose of this appropriation is to provide funding for the Morehouse School of Medicine and affiliated hospitals 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
$15,933,643 $15,933,643 $15,933,643
State General Funds
$15,933,643 $15,933,643 $15,933,643
TOTAL PUBLIC FUNDS
$15,933,643 $15,933,643 $15,933,643
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
$1,070,000 $1,070,000 $1,070,000
$1,070,000 $1,070,000 $1,070,000
$1,070,000 $1,070,000 $1,070,000
95.1 Realign program activities to provide additional Physician Rural Areas Assistance (PRAA) loan repayment awards.
(G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
95.100-Physician Workforce, Georgia Board for: Physicians for Rural Areas
Appropriation (HB 75)
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
$1,070,000
$1,070,000
$1,070,000
State General Funds
$1,070,000
$1,070,000
$1,070,000
TOTAL PUBLIC FUNDS
$1,070,000
$1,070,000
$1,070,000
THURSDAY, FEBRUARY 19, 2015
765
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
$2,087,250 $2,087,250 $2,087,250
$2,087,250 $2,087,250 $2,087,250
$2,087,250 $2,087,250 $2,087,250
96.100-Physician Workforce, Georgia Board for: Undergraduate Medical Education
Appropriation (HB 75)
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
$2,087,250
$2,087,250
$2,087,250
State General Funds
$2,087,250
$2,087,250
$2,087,250
TOTAL PUBLIC FUNDS
$2,087,250
$2,087,250
$2,087,250
Georgia Composite Medical Board
Continuation Budget
License qualified applicants as physicians, physician's assistants, respiratory care professionals, perfusionists, acupuncturists,
orthotists, prosthetists, and auricular (ear) detoxification specialists. Also, investigate complaints and discipline those who violate the
Medical Practice Act or other laws governing the professional behavior of the Board licensees.
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$2,189,014 $2,189,014
$100,000 $100,000 $100,000 $2,289,014
$2,189,014 $2,189,014
$100,000 $100,000 $100,000 $2,289,014
$2,189,014 $2,189,014
$100,000 $100,000 $100,000 $2,289,014
97.1 Increase funds to annualize operations of implementing the Cosmetic Laser Services Act as required by HB528 (2007 Session).
State General Funds
$13,110
$13,110
$13,110
97.2 Increase funds to reflect the collection of administrative fees.
Sales and Services Not Itemized
$200,000
$200,000
$200,000
766
JOURNAL OF THE HOUSE
97.3 Utilize existing funds from contracts ($21,890) for the Cosmetic Laser Services Act implementation. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
97.99 SAC: The purpose of this appropriation is to license qualified applicants as physicians, physician's assistants, respiratory care
professionals, perfusionists, acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. Also, investigate
complaints and discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board
licensees.
House: The purpose of this appropriation is to license qualified applicants as physicians, physician's assistants, respiratory care
professionals, perfusionists, acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. Also, investigate
complaints and discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board
licensees.
Governor: The purpose of this appropriation is to license qualified applicants as physicians, physician's assistants, respiratory care
professionals, perfusionists, acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. Also, investigate
complaints and discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board
licensees.
State General Funds
$0
$0
$0
97.100-Georgia Composite Medical Board
Appropriation (HB 75)
The purpose of this appropriation is to license qualified applicants as physicians, physician's assistants, respiratory care
professionals, perfusionists, acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. Also, investigate
complaints and discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board
licensees.
TOTAL STATE FUNDS
$2,202,124
$2,202,124
$2,202,124
State General Funds
$2,202,124
$2,202,124
$2,202,124
TOTAL AGENCY FUNDS
$300,000
$300,000
$300,000
Sales and Services
$300,000
$300,000
$300,000
Sales and Services Not Itemized
$300,000
$300,000
$300,000
TOTAL PUBLIC FUNDS
$2,502,124
$2,502,124
$2,502,124
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.
THURSDAY, FEBRUARY 19, 2015
767
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$1,911,022 $1,911,022 $1,911,022
$1,911,022 $1,911,022 $1,911,022
$1,911,022 $1,911,022 $1,911,022
98.1 Reduce funds for operations. State General Funds
($19,110)
$0
$0
98.100 -Drugs and Narcotics Agency, Georgia
Appropriation (HB 75)
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
$1,891,912
$1,911,022
$1,911,022
State General Funds
$1,891,912
$1,911,022
$1,911,022
TOTAL PUBLIC FUNDS
$1,891,912
$1,911,022
$1,911,022
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
$1,148,527,802 $1,148,527,802
$1,148,527,802 $1,148,527,802
$470,555
$470,555
$470,555
$470,555
$13,581,649 $13,581,649
$655,104
$655,104
$655,104
$655,104
$12,926,545 $12,926,545
$12,926,545 $12,926,545
$1,162,580,006 $1,162,580,006
$1,148,527,802 $1,148,527,802
$470,555 $470,555 $13,581,649 $655,104 $655,104 $12,926,545 $12,926,545 $1,162,580,006
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS
Section Total - Final
$1,152,830,885 $1,152,830,885
$470,555 $470,555 $13,581,649
$1,151,962,657 $1,151,962,657
$470,555 $470,555 $13,581,649
$1,151,962,657 $1,151,962,657
$470,555 $470,555 $13,581,649
768
JOURNAL OF THE HOUSE
Royalties and Rents Royalties and Rents Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$655,104 $655,104 $12,926,545 $12,926,545 $1,166,883,089
$655,104 $655,104 $12,926,545 $12,926,545 $1,166,014,861
$655,104 $655,104 $12,926,545 $12,926,545 $1,166,014,861
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 PUBLIC FUNDS
$596,724 $596,724 $596,724
$596,724 $596,724 $596,724
$596,724 $596,724 $596,724
99.1 Reduce funds to meet projected expenditures. State General Funds
($566,724)
($546,724)
99.100 -County Jail Subsidy
Appropriation (HB 75)
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
$596,724
$30,000
$50,000
State General Funds
$596,724
$30,000
$50,000
TOTAL PUBLIC FUNDS
$596,724
$30,000
$50,000
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 Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$37,424,074 $37,424,074
$70,555 $70,555 $37,494,629
$37,424,074 $37,424,074
$70,555 $70,555 $37,494,629
$37,424,074 $37,424,074
$70,555 $70,555 $37,494,629
THURSDAY, FEBRUARY 19, 2015
769
100.1 Increase funds for personnel for five counselors, five community coordinators, one coordinator supervisor, and one housing
coordinator to support the Governor's Office of Transition, Support, and Reentry's "citizen return" program. (H and S:Increase funds
for personnel for five counselors, five community coordinators, one coordinator supervisor, and one housing coordinator to support
the Governor's Office of Transition, Support, and Reentry and the Georgia Prisoner Reentry Initiative)
State General Funds
$420,038
$420,038
$420,038
100.2 Reduce funds to meet projected expenditures.
State General Funds
($20,000)
100.100-Departmental Administration
Appropriation (HB 75)
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
$37,844,112 $37,844,112 $37,824,112
State General Funds
$37,844,112 $37,844,112 $37,824,112
TOTAL FEDERAL FUNDS
$70,555
$70,555
$70,555
Federal Funds Not Itemized
$70,555
$70,555
$70,555
TOTAL PUBLIC FUNDS
$37,914,667 $37,914,667 $37,894,667
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
$29,686,825 $29,686,825
$450,000 $450,000 $450,000 $30,136,825
$29,686,825 $29,686,825
$450,000 $450,000 $450,000 $30,136,825
$29,686,825 $29,686,825
$450,000 $450,000 $450,000 $30,136,825
101.100 -Detention Centers
Appropriation (HB 75)
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.
770
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$29,686,825 $29,686,825
$450,000 $450,000 $450,000 $30,136,825
$29,686,825 $29,686,825
$450,000 $450,000 $450,000 $30,136,825
$29,686,825 $29,686,825
$450,000 $450,000 $450,000 $30,136,825
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
$27,545,393 $27,545,393
$300,000 $300,000 $27,845,393
$27,545,393 $27,545,393
$300,000 $300,000 $27,845,393
$27,545,393 $27,545,393
$300,000 $300,000 $27,845,393
102.100-Food and Farm Operations
Appropriation (HB 75)
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
$27,545,393 $27,545,393 $27,545,393
State General Funds
$27,545,393 $27,545,393 $27,545,393
TOTAL FEDERAL FUNDS
$300,000
$300,000
$300,000
Federal Funds Not Itemized
$300,000
$300,000
$300,000
TOTAL PUBLIC FUNDS
$27,845,393 $27,845,393 $27,845,393
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
$199,992,975 $199,992,975
$390,000
$199,992,975 $199,992,975
$390,000
$199,992,975 $199,992,975
$390,000
THURSDAY, FEBRUARY 19, 2015
771
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$390,000 $390,000 $200,382,975
$390,000 $390,000 $200,382,975
$390,000 $390,000 $200,382,975
103.1 Transfer funds from the Health program to the Probation Supervision program to reflect contract savings and to meet
projected expenditures.
State General Funds
($598,767)
($598,767)
($598,767)
103.2 Utilize existing funds to implement electronic health records. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
103.100 -Health
Appropriation (HB 75)
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
$199,394,208 $199,394,208 $199,394,208
State General Funds
$199,394,208 $199,394,208 $199,394,208
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
$199,784,208 $199,784,208 $199,784,208
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
$42,491,807 $42,491,807
$30,000 $30,000 $30,000 $42,521,807
$42,491,807 $42,491,807
$30,000 $30,000 $30,000 $42,521,807
$42,491,807 $42,491,807
$30,000 $30,000 $30,000 $42,521,807
772
JOURNAL OF THE HOUSE
104.100 -Offender Management
Appropriation (HB 75)
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
$42,491,807 $42,491,807 $42,491,807
State General Funds
$42,491,807 $42,491,807 $42,491,807
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
$42,521,807 $42,521,807 $42,521,807
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
105.1 Transfer funds from the Private Prisons program to the Probation Supervision program to reflect contract savings and to meet
projected expenditures.
State General Funds
($1,512,416) ($1,512,416) ($1,512,416)
105.2 Reduce funds to meet projected expenditures.
State General Funds
($301,504)
($301,504)
105.100 -Private Prisons
Appropriation (HB 75)
The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public
safety.
TOTAL STATE FUNDS
$133,395,608 $133,094,104 $133,094,104
State General Funds
$133,395,608 $133,094,104 $133,094,104
TOTAL PUBLIC FUNDS
$133,395,608 $133,094,104 $133,094,104
THURSDAY, FEBRUARY 19, 2015
773
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
$108,210,676 $108,210,676
$17,046 $17,046 $17,046 $108,227,722
$108,210,676 $108,210,676
$17,046 $17,046 $17,046 $108,227,722
$108,210,676 $108,210,676
$17,046 $17,046 $17,046 $108,227,722
106.1 Increase funds to provide intensive supervision in Albany, Atlanta, Augusta, Columbus, Macon, and Savannah as part of the
Georgia Prison Reentry Initiative.
State General Funds
$116,783
$116,783
$116,783
106.2 Increase funds to implement a GED Preparation Learning Center in Day Reporting Centers.
State General Funds
$326,972
$326,972
$326,972
106.3 Transfer funds from the Health program ($598,767) and the Private Prisons program ($1,512,416) to the Probation
Supervision program to reflect contract savings and to meet projected expenditures.
State General Funds
$2,111,183
$2,111,183
$2,111,183
106.100 -Probation Supervision
Appropriation (HB 75)
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
$110,765,614 $110,765,614 $110,765,614
State General Funds
$110,765,614 $110,765,614 $110,765,614
TOTAL AGENCY FUNDS
$17,046
$17,046
$17,046
Sales and Services
$17,046
$17,046
$17,046
Sales and Services Not Itemized
$17,046
$17,046
$17,046
TOTAL PUBLIC FUNDS
$110,782,660 $110,782,660 $110,782,660
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
774
JOURNAL OF THE HOUSE
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
$538,699,137 $538,699,137
$100,000 $100,000 $12,694,603 $655,104 $655,104 $12,039,499 $12,039,499 $551,493,740
$538,699,137 $538,699,137
$100,000 $100,000 $12,694,603 $655,104 $655,104 $12,039,499 $12,039,499 $551,493,740
$538,699,137 $538,699,137
$100,000 $100,000 $12,694,603 $655,104 $655,104 $12,039,499 $12,039,499 $551,493,740
107.1 Increase funds for vocational programs in state prisons. (H and S:Increase funds for vocational programs in state prisons to
support the Georgia Prisoner Reentry Initiative)
State General Funds
$1,036,618
$1,036,618
$1,036,618
107.2 Increase funds for the Residential Substance Abuse Treatment program to lengthen the program from six months to nine
months and to expand to an additional facility. (H and S:Increase funds to lengthen the Residential Substance Abuse Treatment
program from six months to nine months and to expand to an additional facility to support the Georgia Prisoner Reentry Initiative)
State General Funds
$752,605
$752,605
$752,605
107.3 Increase funds for personnel for two positions and operations to create a charter high school for offenders at two locations. (H
and S:Increase funds for personnel for two positions and operations to create a charter high school for offenders at two locations to
support the Georgia Prisoner Reentry Initiative)
State General Funds
$203,263
$203,263
$203,263
107.4 Increase funds for personnel for six positions and operations to create a GED fast track program. (H and S:Increase funds for
personnel for six positions and operations to create a GED fast track program to support the Georgia Prisoner Reentry Initiative)
State General Funds
$1,240,301
$1,240,301
$1,240,301
107.100 -State Prisons
Appropriation (HB 75)
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
THURSDAY, FEBRUARY 19, 2015
775
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
$541,931,924 $541,931,924 $541,931,924
State General Funds
$541,931,924 $541,931,924 $541,931,924
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
$554,726,527 $554,726,527 $554,726,527
Transition 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
$28,972,167 $28,972,167 $28,972,167
$28,972,167 $28,972,167 $28,972,167
$28,972,167 $28,972,167 $28,972,167
108.1 Increase funds to implement GED Preparation Learning Centers. (H and S:Increase funds to implement GED Preparation
Learning Centers to support the Georgia Prisoner Reentry Initiative)
State General Funds
$206,503
$206,503
$206,503
108.100 -Transition Centers
Appropriation (HB 75)
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
$29,178,670 $29,178,670 $29,178,670
State General Funds
$29,178,670 $29,178,670 $29,178,670
TOTAL PUBLIC FUNDS
$29,178,670 $29,178,670 $29,178,670
776
JOURNAL OF THE HOUSE
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
$9,496,994
$9,496,994
$9,496,994
$9,496,994
$44,969,886 $44,969,886
$44,969,886 $44,969,886
$2,679,416
$2,679,416
$1,298,447
$1,298,447
$1,298,447
$1,298,447
$171,171
$171,171
$171,171
$171,171
$1,209,798
$1,209,798
$1,209,798
$1,209,798
$57,146,296 $57,146,296
$9,496,994 $9,496,994 $44,969,886 $44,969,886 $2,679,416 $1,298,447 $1,298,447
$171,171 $171,171 $1,209,798 $1,209,798 $57,146,296
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
$9,496,994 $9,496,994 $44,969,886 $44,969,886 $2,679,416 $1,298,447 $1,298,447
$171,171 $171,171 $1,209,798 $1,209,798 $57,146,296
$9,496,994 $9,496,994 $44,969,886 $44,969,886 $2,679,416 $1,298,447 $1,298,447
$171,171 $171,171 $1,209,798 $1,209,798 $57,146,296
$9,496,994 $9,496,994 $44,969,886 $44,969,886 $2,679,416 $1,298,447 $1,298,447
$171,171 $171,171 $1,209,798 $1,209,798 $57,146,296
Departmental Administration
Continuation Budget
The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia.
THURSDAY, FEBRUARY 19, 2015
777
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$1,115,324 $1,115,324
$723,528 $723,528 $1,838,852
$1,115,324 $1,115,324
$723,528 $723,528 $1,838,852
$1,115,324 $1,115,324
$723,528 $723,528 $1,838,852
109.100-Departmental Administration
Appropriation (HB 75)
The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia.
TOTAL STATE FUNDS
$1,115,324
$1,115,324
$1,115,324
State General Funds
$1,115,324
$1,115,324
$1,115,324
TOTAL FEDERAL FUNDS
$723,528
$723,528
$723,528
Federal Funds Not Itemized
$723,528
$723,528
$723,528
TOTAL PUBLIC FUNDS
$1,838,852
$1,838,852
$1,838,852
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
$5,014,465 $5,014,465 $33,673,372 $33,673,372 $2,675,896 $1,298,447 $1,298,447
$171,171 $171,171 $1,206,278 $1,206,278 $41,363,733
$5,014,465 $5,014,465 $33,673,372 $33,673,372 $2,675,896 $1,298,447 $1,298,447
$171,171 $171,171 $1,206,278 $1,206,278 $41,363,733
$5,014,465 $5,014,465 $33,673,372 $33,673,372 $2,675,896 $1,298,447 $1,298,447
$171,171 $171,171 $1,206,278 $1,206,278 $41,363,733
778
JOURNAL OF THE HOUSE
110.100 -Military Readiness
Appropriation (HB 75)
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
$5,014,465
$5,014,465
$5,014,465
State General Funds
$5,014,465
$5,014,465
$5,014,465
TOTAL FEDERAL FUNDS
$33,673,372 $33,673,372 $33,673,372
Federal Funds Not Itemized
$33,673,372 $33,673,372 $33,673,372
TOTAL AGENCY FUNDS
$2,675,896
$2,675,896
$2,675,896
Intergovernmental Transfers
$1,298,447
$1,298,447
$1,298,447
Intergovernmental Transfers Not Itemized
$1,298,447
$1,298,447
$1,298,447
Royalties and Rents
$171,171
$171,171
$171,171
Royalties and Rents Not Itemized
$171,171
$171,171
$171,171
Sales and Services
$1,206,278
$1,206,278
$1,206,278
Sales and Services Not Itemized
$1,206,278
$1,206,278
$1,206,278
TOTAL PUBLIC FUNDS
$41,363,733 $41,363,733 $41,363,733
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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$3,367,205 $3,367,205 $10,572,986 $10,572,986
$3,520 $3,520 $3,520 $13,943,711
$3,367,205 $3,367,205 $10,572,986 $10,572,986
$3,520 $3,520 $3,520 $13,943,711
$3,367,205 $3,367,205 $10,572,986 $10,572,986
$3,520 $3,520 $3,520 $13,943,711
111.100 -Youth Educational Services
Appropriation (HB 75)
The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth through Youth Challenge
Academies and Starbase programs.
THURSDAY, FEBRUARY 19, 2015
779
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
$3,367,205 $3,367,205 $10,572,986 $10,572,986
$3,520 $3,520 $3,520 $13,943,711
$3,367,205 $3,367,205 $10,572,986 $10,572,986
$3,520 $3,520 $3,520 $13,943,711
$3,367,205 $3,367,205 $10,572,986 $10,572,986
$3,520 $3,520 $3,520 $13,943,711
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
$63,039,864 $63,039,864
$63,039,864 $63,039,864
$2,844,121
$2,844,121
$2,844,121
$2,844,121
$2,844,121
$2,844,121
$65,883,985 $65,883,985
$63,039,864 $63,039,864
$2,844,121 $2,844,121 $2,844,121 $65,883,985
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$63,099,864 $63,099,864
$2,844,121 $2,844,121 $2,844,121 $65,943,985
$63,099,864 $63,099,864
$2,844,121 $2,844,121 $2,844,121 $65,943,985
$62,799,864 $62,799,864
$2,844,121 $2,844,121 $2,844,121 $65,643,985
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
$9,365,723 $9,365,723
$500,857
$9,365,723 $9,365,723
$500,857
$9,365,723 $9,365,723
$500,857
780
JOURNAL OF THE HOUSE
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$500,857 $500,857 $9,866,580
$500,857 $500,857 $9,866,580
$500,857 $500,857 $9,866,580
112.100-Customer Service Support
Appropriation (HB 75)
The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck
compliance.
TOTAL STATE FUNDS
$9,365,723
$9,365,723
$9,365,723
State General Funds
$9,365,723
$9,365,723
$9,365,723
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
$9,866,580
$9,866,580
$9,866,580
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
$52,788,293 $52,788,293
$1,827,835 $1,827,835 $1,827,835 $54,616,128
$52,788,293 $52,788,293
$1,827,835 $1,827,835 $1,827,835 $54,616,128
$52,788,293 $52,788,293
$1,827,835 $1,827,835 $1,827,835 $54,616,128
113.1 Increase funds for rent for the Sandy Springs Customer Service Center.
State General Funds
$60,000
113.2 Eliminate funds for one-time funding for rent for the Fulton Customer Service Center.
State General Funds
$60,000
$60,000 ($300,000)
THURSDAY, FEBRUARY 19, 2015
781
113.100 -License Issuance
Appropriation (HB 75)
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
$52,848,293 $52,848,293 $52,548,293
State General Funds
$52,848,293 $52,848,293 $52,548,293
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
$54,676,128 $54,676,128 $54,376,128
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; and 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
$885,848 $885,848 $515,429 $515,429 $515,429 $1,401,277
$885,848 $885,848 $515,429 $515,429 $515,429 $1,401,277
$885,848 $885,848 $515,429 $515,429 $515,429 $1,401,277
114.100-Regulatory Compliance
Appropriation (HB 75)
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 STATE FUNDS
$885,848
$885,848
$885,848
State General Funds
$885,848
$885,848
$885,848
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
$1,401,277
$1,401,277
$1,401,277
782
JOURNAL OF THE HOUSE
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 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
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 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
$369,793,520 $369,793,520
$55,493,488 $55,493,488
$314,300,032 $314,300,032
$346,366,695 $346,366,695
$135,377,190 $135,377,190
$101,618,088 $101,618,088
$109,371,417 $109,371,417
$26,000
$26,000
$26,000
$26,000
$26,000
$26,000
$60,000
$60,000
$60,000
$60,000
$60,000
$60,000
$716,246,215 $716,246,215
$369,793,520 $55,493,488 $314,300,032 $346,366,695 $135,377,190 $101,618,088 $109,371,417
$26,000 $26,000 $26,000 $60,000 $60,000 $60,000 $716,246,215
Section Total - Final
$369,793,520 $55,493,488 $314,300,032 $346,366,695 $135,377,190 $101,618,088 $109,371,417
$26,000 $26,000 $26,000 $60,000 $60,000 $60,000 $716,246,215
$369,793,520 $55,493,488 $314,300,032 $346,366,695 $135,377,190 $101,618,088 $109,371,417
$26,000 $26,000 $26,000 $60,000 $60,000 $60,000 $716,246,215
$369,793,520 $55,493,488 $314,300,032 $346,366,695 $135,377,190 $101,618,088 $109,371,417
$26,000 $26,000 $26,000 $60,000 $60,000 $60,000 $716,246,215
THURSDAY, FEBRUARY 19, 2015
783
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
$55,493,488 $55,493,488 $189,632,020 $101,618,088 $88,013,932
$21,000 $21,000 $21,000 $245,146,508
$55,493,488 $55,493,488 $189,632,020 $101,618,088 $88,013,932
$21,000 $21,000 $21,000 $245,146,508
$55,493,488 $55,493,488 $189,632,020 $101,618,088 $88,013,932
$21,000 $21,000 $21,000 $245,146,508
115.100 -Child Care Services
Appropriation (HB 75)
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
$55,493,488 $55,493,488 $55,493,488
State General Funds
$55,493,488 $55,493,488 $55,493,488
TOTAL FEDERAL FUNDS
$189,632,020 $189,632,020 $189,632,020
CCDF Mandatory & Matching Funds CFDA93.596
$101,618,088 $101,618,088 $101,618,088
Child Care & Development Block Grant CFDA93.575
$88,013,932 $88,013,932 $88,013,932
TOTAL AGENCY FUNDS
$21,000
$21,000
$21,000
Rebates, Refunds, and Reimbursements
$21,000
$21,000
$21,000
Rebates, Refunds, and Reimbursements Not Itemized
$21,000
$21,000
$21,000
TOTAL PUBLIC FUNDS
$245,146,508 $245,146,508 $245,146,508
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
$0
$0
$0
$0
$0
$0
784
JOURNAL OF THE HOUSE
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$125,550,000 $125,550,000 $125,550,000
$125,550,000 $125,550,000 $125,550,000
$125,550,000 $125,550,000 $125,550,000
116.100 -Nutrition
Appropriation (HB 75)
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
$125,550,000 $125,550,000 $125,550,000
$125,550,000 $125,550,000 $125,550,000
$125,550,000 $125,550,000 $125,550,000
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 Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$314,300,032 $0
$314,300,032 $162,400 $162,400
$314,462,432
$314,300,032 $0
$314,300,032 $162,400 $162,400
$314,462,432
$314,300,032 $0
$314,300,032 $162,400 $162,400
$314,462,432
117.100-Pre-Kindergarten Program
Appropriation (HB 75)
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
$314,300,032 $314,300,032 $314,300,032
Lottery Proceeds
$314,300,032 $314,300,032 $314,300,032
TOTAL FEDERAL FUNDS
$162,400
$162,400
$162,400
Federal Funds Not Itemized
$162,400
$162,400
$162,400
TOTAL PUBLIC FUNDS
$314,462,432 $314,462,432 $314,462,432
THURSDAY, FEBRUARY 19, 2015
785
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 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
$0 $0 $31,022,275 $9,664,790 $21,357,485 $5,000 $5,000 $5,000 $60,000 $60,000 $60,000 $31,087,275
$0 $0 $31,022,275 $9,664,790 $21,357,485 $5,000 $5,000 $5,000 $60,000 $60,000 $60,000 $31,087,275
$0 $0 $31,022,275 $9,664,790 $21,357,485 $5,000 $5,000 $5,000 $60,000 $60,000 $60,000 $31,087,275
118.100 -Quality Initiatives
Appropriation (HB 75)
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 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
$31,022,275 $9,664,790
$21,357,485 $5,000 $5,000 $5,000
$60,000 $60,000 $60,000 $31,087,275
$31,022,275 $9,664,790
$21,357,485 $5,000 $5,000 $5,000
$60,000 $60,000 $60,000 $31,087,275
$31,022,275 $9,664,790
$21,357,485 $5,000 $5,000 $5,000
$60,000 $60,000 $60,000 $31,087,275
786
JOURNAL OF THE HOUSE
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
$35,515,271 $35,515,271
$33,620,285 $33,620,285
$1,894,986
$1,894,986
$74,021,318 $74,021,318
$74,021,318 $74,021,318
$109,536,589 $109,536,589
$35,515,271 $33,620,285
$1,894,986 $74,021,318 $74,021,318 $109,536,589
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$35,567,250 $33,767,322
$1,799,928 $74,021,318 $74,021,318 $109,588,568
$35,567,250 $33,767,322
$1,799,928 $74,021,318 $74,021,318 $109,588,568
$35,582,250 $33,782,322
$1,799,928 $74,021,318 $74,021,318 $109,603,568
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
$4,143,943 $4,143,943 $4,143,943
$4,143,943 $4,143,943 $4,143,943
$4,143,943 $4,143,943 $4,143,943
119.1 Increase funds for personnel and operations for one position to support international relations and trade events.
State General Funds
$147,037
$147,037
$132,037
119.100-Departmental Administration
Appropriation (HB 75)
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.
THURSDAY, FEBRUARY 19, 2015
787
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$4,290,980 $4,290,980 $4,290,980
$4,290,980 $4,290,980 $4,290,980
$4,275,980 $4,275,980 $4,275,980
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
$922,534 $922,534 $922,534
$922,534 $922,534 $922,534
$922,534 $922,534 $922,534
120.100-Film, Video, and Music
Appropriation (HB 75)
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
$922,534
$922,534
$922,534
State General Funds
$922,534
$922,534
$922,534
TOTAL PUBLIC FUNDS
$922,534
$922,534
$922,534
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
$596,713 $596,713 $659,400 $659,400 $1,256,113
$596,713 $596,713 $659,400 $659,400 $1,256,113
$596,713 $596,713 $659,400 $659,400 $1,256,113
788
JOURNAL OF THE HOUSE
121.100 -Arts, Georgia Council for the
Appropriation (HB 75)
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
$596,713
$596,713
$596,713
State General Funds
$596,713
$596,713
$596,713
TOTAL FEDERAL FUNDS
$659,400
$659,400
$659,400
Federal Funds Not Itemized
$659,400
$659,400
$659,400
TOTAL PUBLIC FUNDS
$1,256,113
$1,256,113
$1,256,113
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
$10,303,748 $10,303,748 $10,303,748
$10,303,748 $10,303,748 $10,303,748
$10,303,748 $10,303,748 $10,303,748
122.100-Global Commerce
Appropriation (HB 75)
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
$10,303,748 $10,303,748 $10,303,748
State General Funds
$10,303,748 $10,303,748 $10,303,748
TOTAL PUBLIC FUNDS
$10,303,748 $10,303,748 $10,303,748
Governor's Office of Workforce Development
Continuation Budget
The purpose of this appropriation is to improve the job training and marketability of Georgia's workforce.
THURSDAY, FEBRUARY 19, 2015
789
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
123.100-Governor's Office of Workforce Development
Appropriation (HB 75)
The purpose of this appropriation is to improve the job training and marketability of Georgia's workforce.
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
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
$9,251,723 $7,356,737 $1,894,986 $9,251,723
$9,251,723 $7,356,737 $1,894,986 $9,251,723
$9,251,723 $7,356,737 $1,894,986 $9,251,723
124.1 Reduce funds for Distinguished Cancer Clinicians and Scientists (DCCS) to fund only existing DCCS obligations.
Tobacco Settlement Funds
($95,058)
($95,058)
($95,058)
124.100 -Innovation and Technology
Appropriation (HB 75)
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
$9,156,665
$9,156,665
$9,156,665
State General Funds
$7,356,737
$7,356,737
$7,356,737
Tobacco Settlement Funds
$1,799,928
$1,799,928
$1,799,928
TOTAL PUBLIC FUNDS
$9,156,665
$9,156,665
$9,156,665
790
JOURNAL OF THE HOUSE
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
$933,140 $933,140 $933,140
$933,140 $933,140 $933,140
$933,140 $933,140 $933,140
125.100 -Small and Minority Business Development
Appropriation (HB 75)
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
$933,140
$933,140
$933,140
State General Funds
$933,140
$933,140
$933,140
TOTAL PUBLIC FUNDS
$933,140
$933,140
$933,140
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
$9,363,470 $9,363,470 $9,363,470
$9,363,470 $9,363,470 $9,363,470
$9,363,470 $9,363,470 $9,363,470
126.1 Increase funds for the Georgia Civil War Commission. State General Funds
$30,000
126.100 -Tourism
Appropriation (HB 75)
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.
THURSDAY, FEBRUARY 19, 2015
791
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section 23: Education, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994
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
TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers
$9,363,470 $9,363,470 $9,363,470
$9,363,470 $9,363,470 $9,363,470
$9,393,470 $9,393,470 $9,393,470
Section Total - Continuation
$7,944,481,675 $7,944,481,675 $7,944,481,675
$7,944,481,675 $7,944,481,675 $7,944,481,675
$2,064,382,350 $2,064,382,350 $2,064,382,350
$2,064,362,720 $2,064,362,720 $2,064,362,720
$19,630
$19,630
$19,630
$45,711,057 $45,711,057 $45,711,057
$674,646
$674,646
$674,646
$674,646
$674,646
$674,646
$36,860,246 $36,860,246 $36,860,246
$36,860,246 $36,860,246 $36,860,246
$61,006
$61,006
$61,006
$61,006
$61,006
$61,006
$8,115,159
$8,115,159
$8,115,159
$8,115,159
$8,115,159
$8,115,159
$10,054,575,082 $10,054,575,082 $10,054,575,082
Section Total - Final
$8,080,930,884 $7,889,252,818
$191,678,066 $2,064,382,350 $2,064,362,720
$19,630 $45,711,057
$674,646 $674,646 $36,860,246
$8,082,903,599 $7,891,225,533
$191,678,066 $2,064,382,350 $2,064,362,720
$19,630 $45,711,057
$674,646 $674,646 $36,860,246
$8,075,425,026 $7,883,746,960
$191,678,066 $2,064,382,350 $2,064,362,720
$19,630 $45,711,057
$674,646 $674,646 $36,860,246
792
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
$36,860,246 $36,860,246 $36,860,246
$61,006
$61,006
$61,006
$61,006
$61,006
$61,006
$8,115,159
$8,115,159
$8,115,159
$8,115,159
$8,115,159
$8,115,159
$10,191,024,291 $10,192,997,006 $10,185,518,433
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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$8,393,026 $8,393,026
$368,273 $368,273 $1,492,000 $1,492,000 $1,492,000 $10,253,299
$8,393,026 $8,393,026
$368,273 $368,273 $1,492,000 $1,492,000 $1,492,000 $10,253,299
$8,393,026 $8,393,026
$368,273 $368,273 $1,492,000 $1,492,000 $1,492,000 $10,253,299
127.100 -Agricultural Education
Appropriation (HB 75)
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
$8,393,026
$8,393,026
$8,393,026
State General Funds
$8,393,026
$8,393,026
$8,393,026
TOTAL FEDERAL FUNDS
$368,273
$368,273
$368,273
Federal Funds Not Itemized
$368,273
$368,273
$368,273
TOTAL AGENCY FUNDS
$1,492,000
$1,492,000
$1,492,000
Intergovernmental Transfers
$1,492,000
$1,492,000
$1,492,000
Intergovernmental Transfers Not Itemized
$1,492,000
$1,492,000
$1,492,000
TOTAL PUBLIC FUNDS
$10,253,299 $10,253,299 $10,253,299
THURSDAY, FEBRUARY 19, 2015
793
Business and Finance Administration
Continuation Budget
The purpose of this appropriation is to provide administrative support for business, finance, facilities, and pupil transportation.
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
$7,280,358 $7,280,358
$134,330 $134,330 $22,342,940 $22,342,940 $22,342,940 $29,757,628
$7,280,358 $7,280,358
$134,330 $134,330 $22,342,940 $22,342,940 $22,342,940 $29,757,628
$7,280,358 $7,280,358
$134,330 $134,330 $22,342,940 $22,342,940 $22,342,940 $29,757,628
128.100 -Business and Finance Administration
Appropriation (HB 75)
The purpose of this appropriation is to provide administrative support for business, finance, facilities, and pupil transportation.
TOTAL STATE FUNDS
$7,280,358
$7,280,358
$7,280,358
State General Funds
$7,280,358
$7,280,358
$7,280,358
TOTAL FEDERAL FUNDS
$134,330
$134,330
$134,330
Federal Funds Not Itemized
$134,330
$134,330
$134,330
TOTAL AGENCY FUNDS
$22,342,940 $22,342,940 $22,342,940
Intergovernmental Transfers
$22,342,940 $22,342,940 $22,342,940
Intergovernmental Transfers Not Itemized
$22,342,940 $22,342,940 $22,342,940
TOTAL PUBLIC FUNDS
$29,757,628 $29,757,628 $29,757,628
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
$3,965,745 $3,965,745 $24,369,593 $24,369,593
$243,929 $243,929
$3,965,745 $3,965,745 $24,369,593 $24,369,593
$243,929 $243,929
$3,965,745 $3,965,745 $24,369,593 $24,369,593
$243,929 $243,929
794
JOURNAL OF THE HOUSE
Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS
$243,929 $28,579,267
$243,929 $28,579,267
$243,929 $28,579,267
129.100 -Central Office
Appropriation (HB 75)
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
$3,965,745
$3,965,745
$3,965,745
State General Funds
$3,965,745
$3,965,745
$3,965,745
TOTAL FEDERAL FUNDS
$24,369,593 $24,369,593 $24,369,593
Federal Funds Not Itemized
$24,369,593 $24,369,593 $24,369,593
TOTAL AGENCY FUNDS
$243,929
$243,929
$243,929
Contributions, Donations, and Forfeitures
$243,929
$243,929
$243,929
Contributions, Donations, and Forfeitures Not Itemized
$243,929
$243,929
$243,929
TOTAL PUBLIC FUNDS
$28,579,267 $28,579,267 $28,579,267
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
$2,138,312 $2,138,312 $6,946,595 $6,946,595 $9,084,907
$2,138,312 $2,138,312 $6,946,595 $6,946,595 $9,084,907
$2,138,312 $2,138,312 $6,946,595 $6,946,595 $9,084,907
130.100 -Charter Schools
Appropriation (HB 75)
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
$2,138,312
$2,138,312
$2,138,312
State General Funds
$2,138,312
$2,138,312
$2,138,312
TOTAL FEDERAL FUNDS
$6,946,595
$6,946,595
$6,946,595
Federal Funds Not Itemized
$6,946,595
$6,946,595
$6,946,595
TOTAL PUBLIC FUNDS
$9,084,907
$9,084,907
$9,084,907
THURSDAY, FEBRUARY 19, 2015
795
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
$1,033,100 $1,033,100 $1,033,100
$1,033,100 $1,033,100 $1,033,100
$1,033,100 $1,033,100 $1,033,100
131.100-Communities in Schools
Appropriation (HB 75)
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
$1,033,100
$1,033,100
$1,033,100
State General Funds
$1,033,100
$1,033,100
$1,033,100
TOTAL PUBLIC FUNDS
$1,033,100
$1,033,100
$1,033,100
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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS
$3,461,541 $3,461,541 $3,393,490 $3,393,490
$430,717 $430,717 $430,717 $7,285,748
$3,461,541 $3,461,541 $3,393,490 $3,393,490
$430,717 $430,717 $430,717 $7,285,748
$3,461,541 $3,461,541 $3,393,490 $3,393,490
$430,717 $430,717 $430,717 $7,285,748
132.100-Curriculum Development
Appropriation (HB 75)
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
$3,461,541
$3,461,541
$3,461,541
State General Funds
$3,461,541
$3,461,541
$3,461,541
796
JOURNAL OF THE HOUSE
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS
$3,393,490 $3,393,490
$430,717 $430,717 $430,717 $7,285,748
$3,393,490 $3,393,490
$430,717 $430,717 $430,717 $7,285,748
$3,393,490 $3,393,490
$430,717 $430,717 $430,717 $7,285,748
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 AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$0 $1,233,343,007 $1,233,343,007
$39,957 $39,957 $39,957 $1,233,382,964
$0 $1,233,343,007 $1,233,343,007
$39,957 $39,957 $39,957 $1,233,382,964
$0 $1,233,343,007 $1,233,343,007
$39,957 $39,957 $39,957 $1,233,382,964
133.100-Federal Programs
Appropriation (HB 75)
The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems.
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$1,233,343,007 $1,233,343,007
$39,957 $39,957 $39,957 $1,233,382,964
$1,233,343,007 $1,233,343,007
$39,957 $39,957 $39,957 $1,233,382,964
$1,233,343,007 $1,233,343,007
$39,957 $39,957 $39,957 $1,233,382,964
Georgia Network for Educational and Therapeutic Support (GNETS)
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.
THURSDAY, FEBRUARY 19, 2015
797
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$62,081,479 $62,081,479
$8,160,000 $8,160,000 $70,241,479
$62,081,479 $62,081,479
$8,160,000 $8,160,000 $70,241,479
$62,081,479 $62,081,479
$8,160,000 $8,160,000 $70,241,479
134.100-Georgia Network for Educational and Therapeutic Support (GNETS)
Appropriation (HB 75)
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
$62,081,479 $62,081,479 $62,081,479
State General Funds
$62,081,479 $62,081,479 $62,081,479
TOTAL FEDERAL FUNDS
$8,160,000
$8,160,000
$8,160,000
Federal Funds Not Itemized
$8,160,000
$8,160,000
$8,160,000
TOTAL PUBLIC FUNDS
$70,241,479 $70,241,479 $70,241,479
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
$3,167,490 $3,167,490 $5,600,037 $5,600,037 $5,600,037 $8,767,527
$3,167,490 $3,167,490 $5,600,037 $5,600,037 $5,600,037 $8,767,527
$3,167,490 $3,167,490 $5,600,037 $5,600,037 $5,600,037 $8,767,527
135.100-Georgia Virtual School
Appropriation (HB 75)
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.
798
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$3,167,490 $3,167,490 $5,600,037 $5,600,037 $5,600,037 $8,767,527
$3,167,490 $3,167,490 $5,600,037 $5,600,037 $5,600,037 $8,767,527
$3,167,490 $3,167,490 $5,600,037 $5,600,037 $5,600,037 $8,767,527
Information Technology Services
Continuation Budget
The purpose of this appropriation is to manage enterprise technology for the department, provide internet access to local school
systems, support data collection and reporting needs, and support technology programs that assist local school systems.
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
$17,213,029 $17,213,029
$1,371,954 $1,371,954 $7,204,762 $7,204,762 $7,204,762 $25,789,745
$17,213,029 $17,213,029
$1,371,954 $1,371,954 $7,204,762 $7,204,762 $7,204,762 $25,789,745
$17,213,029 $17,213,029
$1,371,954 $1,371,954 $7,204,762 $7,204,762 $7,204,762 $25,789,745
136.1 Transfer funds from the Information Technology Services program to the Technology/Career Education program for
vocational industry certification.
State General Funds
($752,546)
($752,546)
($752,546)
136.100 -Information Technology Services
Appropriation (HB 75)
The purpose of this appropriation is to manage enterprise technology for the department, provide internet access to local school
systems, support data collection and reporting needs, and support technology programs that assist local school systems.
TOTAL STATE FUNDS
$16,460,483 $16,460,483 $16,460,483
State General Funds
$16,460,483 $16,460,483 $16,460,483
TOTAL FEDERAL FUNDS
$1,371,954
$1,371,954
$1,371,954
Federal Funds Not Itemized
$1,371,954
$1,371,954
$1,371,954
TOTAL AGENCY FUNDS
$7,204,762
$7,204,762
$7,204,762
Intergovernmental Transfers
$7,204,762
$7,204,762
$7,204,762
THURSDAY, FEBRUARY 19, 2015
799
Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS
$7,204,762 $25,037,199
$7,204,762 $25,037,199
$7,204,762 $25,037,199
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
$10,900,885 $10,900,885 $10,900,885
$10,900,885 $10,900,885 $10,900,885
$10,900,885 $10,900,885 $10,900,885
137.100-Non Quality Basic Education Formula Grants
Appropriation (HB 75)
The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity
grants.
TOTAL STATE FUNDS
$10,900,885 $10,900,885 $10,900,885
State General Funds
$10,900,885 $10,900,885 $10,900,885
TOTAL PUBLIC FUNDS
$10,900,885 $10,900,885 $10,900,885
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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$22,854,133 $22,854,133 $714,191,428 $714,191,428
$108,824 $108,824 $108,824 $737,154,385
$22,854,133 $22,854,133 $714,191,428 $714,191,428
$108,824 $108,824 $108,824 $737,154,385
$22,854,133 $22,854,133 $714,191,428 $714,191,428
$108,824 $108,824 $108,824 $737,154,385
800
JOURNAL OF THE HOUSE
138.100 -Nutrition
Appropriation (HB 75)
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
$22,854,133 $22,854,133 $22,854,133
State General Funds
$22,854,133 $22,854,133 $22,854,133
TOTAL FEDERAL FUNDS
$714,191,428 $714,191,428 $714,191,428
Federal Funds Not Itemized
$714,191,428 $714,191,428 $714,191,428
TOTAL AGENCY FUNDS
$108,824
$108,824
$108,824
Intergovernmental Transfers
$108,824
$108,824
$108,824
Intergovernmental Transfers Not Itemized
$108,824
$108,824
$108,824
TOTAL PUBLIC FUNDS
$737,154,385 $737,154,385 $737,154,385
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
$30,051,758 $30,051,758 $30,051,758
$30,051,758 $30,051,758 $30,051,758
$30,051,758 $30,051,758 $30,051,758
139.100 -Preschool Handicapped
Appropriation (HB 75)
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
$30,051,758 $30,051,758 $30,051,758
State General Funds
$30,051,758 $30,051,758 $30,051,758
TOTAL PUBLIC FUNDS
$30,051,758 $30,051,758 $30,051,758
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.
THURSDAY, FEBRUARY 19, 2015
801
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$479,385,097 $479,385,097 $479,385,097
$479,385,097 $479,385,097 $479,385,097
$479,385,097 $479,385,097 $479,385,097
140.1 Increase funds to school systems to avoid a funding shortfall in FY2016 and ensure compliance with O.C.G.A. 20-2-165.
(S:Consider in the FY2016 General budget)
State General Funds
$7,478,573
$0
140.100 -Quality Basic Education Equalization
Appropriation (HB 75)
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
$479,385,097 $486,863,670 $479,385,097
State General Funds
$479,385,097 $486,863,670 $479,385,097
TOTAL PUBLIC FUNDS
$479,385,097 $486,863,670 $479,385,097
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
($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124)
141.100 -Quality Basic Education Local Five Mill Share
Appropriation (HB 75)
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
($1,673,940,124) ($1,673,940,124) ($1,673,940,124)
State General Funds
($1,673,940,124) ($1,673,940,124) ($1,673,940,124)
TOTAL PUBLIC FUNDS
($1,673,940,124) ($1,673,940,124) ($1,673,940,124)
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.
802
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642
142.1 Increase funds for a midterm adjustment. State General Funds 142.2 Increase funds for the State Commission Charter Schools supplement. State General Funds 142.3 Increase funds for a midterm adjustment to charter systems grants. State General Funds 142.4 Reduce funds for a midterm adjustment for the Special Needs Scholarship. State General Funds 142.5 Reduce funds for a midterm adjustment for Move on When Ready. State General Funds 142.6 Replace funds. State General Funds Revenue Shortfall Reserve for K-12 Needs Total Public Funds:
$126,085,516 $126,196,362 $126,196,362
$7,371,346
$7,375,601
$7,375,601
$2,394,461
$2,394,829
$2,394,829
($1,768,546) ($7,364,646) ($7,364,646)
($35,648)
($60,875)
($60,875)
($191,678,066) ($191,678,066) ($191,678,066)
$191,678,066 $191,678,066 $191,678,066
$0
$0
$0
142.100-Quality Basic Education Program
Appropriation (HB 75)
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
$9,008,243,771 $9,002,737,913 $9,002,737,913
State General Funds
$8,816,565,705 $8,811,059,847 $8,811,059,847
Revenue Shortfall Reserve for K-12 Needs
$191,678,066 $191,678,066 $191,678,066
TOTAL PUBLIC FUNDS
$9,008,243,771 $9,002,737,913 $9,002,737,913
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.
THURSDAY, FEBRUARY 19, 2015
803
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$9,941,168 $9,941,168 $9,941,168
$9,941,168 $9,941,168 $9,941,168
$9,941,168 $9,941,168 $9,941,168
143.100-Regional Education Service Agencies
Appropriation (HB 75)
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
$9,941,168
$9,941,168
$9,941,168
State General Funds
$9,941,168
$9,941,168
$9,941,168
TOTAL PUBLIC FUNDS
$9,941,168
$9,941,168
$9,941,168
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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$6,094,147 $6,094,147 $9,227,301 $9,227,301 $15,321,448
$6,094,147 $6,094,147 $9,227,301 $9,227,301 $15,321,448
$6,094,147 $6,094,147 $9,227,301 $9,227,301 $15,321,448
144.100 -School Improvement
Appropriation (HB 75)
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
$6,094,147
$6,094,147
$6,094,147
State General Funds
$6,094,147
$6,094,147
$6,094,147
TOTAL FEDERAL FUNDS
$9,227,301
$9,227,301
$9,227,301
Federal Funds Not Itemized
$9,227,301
$9,227,301
$9,227,301
TOTAL PUBLIC FUNDS
$15,321,448 $15,321,448 $15,321,448
804
JOURNAL OF THE HOUSE
State Charter School Commission Administration
Continuation Budget
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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$0 $0 $2,511,278 $2,511,278 $2,511,278 $2,511,278
$0 $0 $2,511,278 $2,511,278 $2,511,278 $2,511,278
$0 $0 $2,511,278 $2,511,278 $2,511,278 $2,511,278
145.100 -State Charter School Commission Administration
Appropriation (HB 75)
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
$2,511,278 $2,511,278 $2,511,278 $2,511,278
$2,511,278 $2,511,278 $2,511,278 $2,511,278
$2,511,278 $2,511,278 $2,511,278 $2,511,278
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 Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$8,097,963 $8,097,963 $22,847,100 $22,847,100 $30,945,063
$8,097,963 $8,097,963 $22,847,100 $22,847,100 $30,945,063
$8,097,963 $8,097,963 $22,847,100 $22,847,100 $30,945,063
THURSDAY, FEBRUARY 19, 2015
805
146.100 -State Interagency Transfers
Appropriation (HB 75)
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
$22,847,100 $22,847,100 $22,847,100
Federal Funds Not Itemized
$22,847,100 $22,847,100 $22,847,100
TOTAL PUBLIC FUNDS
$30,945,063 $30,945,063 $30,945,063
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 FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994
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
$25,815,381 $25,815,381
$863,480 $843,850
$19,630 $957,589 $892,739 $892,739
$61,006 $61,006
$3,844 $3,844 $27,636,450
$25,815,381 $25,815,381
$863,480 $843,850
$19,630 $957,589 $892,739 $892,739
$61,006 $61,006
$3,844 $3,844 $27,636,450
$25,815,381 $25,815,381
$863,480 $843,850
$19,630 $957,589 $892,739 $892,739
$61,006 $61,006
$3,844 $3,844 $27,636,450
147.100 -State Schools
Appropriation (HB 75)
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
$25,815,381 $25,815,381 $25,815,381
State General Funds
$25,815,381 $25,815,381 $25,815,381
TOTAL FEDERAL FUNDS
$863,480
$863,480
$863,480
806
JOURNAL OF THE HOUSE
Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 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
$843,850 $19,630
$957,589 $892,739 $892,739
$61,006 $61,006
$3,844 $3,844 $27,636,450
$843,850 $19,630
$957,589 $892,739 $892,739
$61,006 $61,006
$3,844 $3,844 $27,636,450
$843,850 $19,630
$957,589 $892,739 $892,739
$61,006 $61,006
$3,844 $3,844 $27,636,450
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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$16,112,487 $16,112,487 $19,947,771 $19,947,771
$4,779,024 $4,779,024 $4,779,024 $40,839,282
$16,112,487 $16,112,487 $19,947,771 $19,947,771
$4,779,024 $4,779,024 $4,779,024 $40,839,282
$16,112,487 $16,112,487 $19,947,771 $19,947,771
$4,779,024 $4,779,024 $4,779,024 $40,839,282
148.1 Transfer funds from the Information Technology Services program to the Technology/Career Education program for
vocational industry certification.
State General Funds
$752,546
$752,546
$752,546
148.100-Technology/Career Education
Appropriation (HB 75)
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
$16,865,033 $16,865,033 $16,865,033
State General Funds
$16,865,033 $16,865,033 $16,865,033
THURSDAY, FEBRUARY 19, 2015
807
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$19,947,771 $19,947,771
$4,779,024 $4,779,024 $4,779,024 $41,591,828
$19,947,771 $19,947,771
$4,779,024 $4,779,024 $4,779,024 $41,591,828
$19,947,771 $19,947,771
$4,779,024 $4,779,024 $4,779,024 $41,591,828
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
$24,686,112 $24,686,112 $19,218,028 $19,218,028 $43,904,140
$24,686,112 $24,686,112 $19,218,028 $19,218,028 $43,904,140
$24,686,112 $24,686,112 $19,218,028 $19,218,028 $43,904,140
149.1 Increase funds for the Georgia Milestones assessment. State General Funds
$2,402,080
$2,402,080
$2,402,080
149.100 -Testing
Appropriation (HB 75)
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
$27,088,192 $27,088,192 $27,088,192
State General Funds
$27,088,192 $27,088,192 $27,088,192
TOTAL FEDERAL FUNDS
$19,218,028 $19,218,028 $19,218,028
Federal Funds Not Itemized
$19,218,028 $19,218,028 $19,218,028
TOTAL PUBLIC FUNDS
$46,306,220 $46,306,220 $46,306,220
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.
808
JOURNAL OF THE HOUSE
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
150.100 -Tuition for Multi-Handicapped
Appropriation (HB 75)
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 $2,443.99. 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
$30,369,769 $30,369,769
$30,369,769 $30,369,769
$4,067,135
$4,067,135
$4,067,135
$4,067,135
$4,067,135
$4,067,135
$19,723,670 $19,723,670
$19,723,670 $19,723,670
$19,723,670 $19,723,670
$54,160,574 $54,160,574
$30,369,769 $30,369,769
$4,067,135 $4,067,135 $4,067,135 $19,723,670 $19,723,670 $19,723,670 $54,160,574
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
Section Total - Final
$30,369,769 $30,369,769
$4,067,135 $4,067,135 $4,067,135 $19,723,670
$30,369,769 $30,369,769
$4,067,135 $4,067,135 $4,067,135 $19,723,670
$30,369,769 $30,369,769
$4,067,135 $4,067,135 $4,067,135 $19,723,670
THURSDAY, FEBRUARY 19, 2015
809
State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS
$19,723,670 $19,723,670 $54,160,574
$19,723,670 $19,723,670 $54,160,574
$19,723,670 $19,723,670 $54,160,574
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 $4,067,135 $4,067,135 $4,067,135 $4,067,135
$0 $0 $4,067,135 $4,067,135 $4,067,135 $4,067,135
$0 $0 $4,067,135 $4,067,135 $4,067,135 $4,067,135
151.100-Deferred Compensation
Appropriation (HB 75)
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
$4,067,135 $4,067,135 $4,067,135 $4,067,135
$4,067,135 $4,067,135 $4,067,135 $4,067,135
$4,067,135 $4,067,135 $4,067,135 $4,067,135
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
$1,893,369 $1,893,369 $1,893,369
$1,893,369 $1,893,369 $1,893,369
$1,893,369 $1,893,369 $1,893,369
152.100-Georgia Military Pension Fund
Appropriation (HB 75)
The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard.
810
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$1,893,369 $1,893,369 $1,893,369
$1,893,369 $1,893,369 $1,893,369
$1,893,369 $1,893,369 $1,893,369
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
$28,461,000 $28,461,000 $28,461,000
$28,461,000 $28,461,000 $28,461,000
$28,461,000 $28,461,000 $28,461,000
153.100 -Public School Employees Retirement System
Appropriation (HB 75)
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
$28,461,000 $28,461,000 $28,461,000
State General Funds
$28,461,000 $28,461,000 $28,461,000
TOTAL PUBLIC FUNDS
$28,461,000 $28,461,000 $28,461,000
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 Retirement Payments
TOTAL PUBLIC FUNDS
$15,400 $15,400 $19,723,670 $19,723,670 $19,723,670 $19,739,070
$15,400 $15,400 $19,723,670 $19,723,670 $19,723,670 $19,739,070
$15,400 $15,400 $19,723,670 $19,723,670 $19,723,670 $19,739,070
154.100-System Administration
Appropriation (HB 75)
The purpose of this appropriation is to collect employee and employer contributions, invest the accumulated funds, and disburse
retirement benefits to members and beneficiaries.
THURSDAY, FEBRUARY 19, 2015
811
TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS
$15,400 $15,400 $19,723,670 $19,723,670 $19,723,670 $19,739,070
$15,400 $15,400 $19,723,670 $19,723,670 $19,723,670 $19,739,070
$15,400 $15,400 $19,723,670 $19,723,670 $19,723,670 $19,739,070
It is the intent of the General Assembly that the employer contribution rate for the Employees' Retirement System shall not exceed 21.96% for New Plan employees and 17.21% for Old Plan employees. For the GSEPS employees, the employer contribution rate shall not exceed 18.87% 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 $736.31 per member for State Fiscal Year 2015.
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 State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
Section Total - Continuation
$32,958,632 $32,958,632
$32,958,632 $32,958,632
$5,982,769
$5,982,769
$5,982,769
$5,982,769
$6,835,195
$6,835,195
$187,000
$187,000
$187,000
$187,000
$33,000
$33,000
$33,000
$33,000
$6,615,195
$6,615,195
$6,615,195
$6,615,195
$210,500
$210,500
$210,500
$210,500
$210,500
$210,500
$45,987,096 $45,987,096
$32,958,632 $32,958,632
$5,982,769 $5,982,769 $6,835,195
$187,000 $187,000
$33,000 $33,000 $6,615,195 $6,615,195 $210,500 $210,500 $210,500 $45,987,096
Section Total - Final
812
JOURNAL OF THE HOUSE
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
$32,958,632 $32,958,632
$5,982,769 $5,982,769 $6,835,195
$187,000 $187,000
$33,000 $33,000 $6,615,195 $6,615,195 $210,500 $210,500 $210,500 $45,987,096
$32,958,632 $32,958,632
$5,982,769 $5,982,769 $6,835,195
$187,000 $187,000
$33,000 $33,000 $6,615,195 $6,615,195 $210,500 $210,500 $210,500 $45,987,096
$32,958,632 $32,958,632
$5,982,769 $5,982,769 $6,835,195
$187,000 $187,000
$33,000 $33,000 $6,615,195 $6,615,195 $210,500 $210,500 $210,500 $45,987,096
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
$3,401,565 $3,401,565
$48,800 $48,800 $76,288 $76,288 $76,288 $3,526,653
$3,401,565 $3,401,565
$48,800 $48,800 $76,288 $76,288 $76,288 $3,526,653
$3,401,565 $3,401,565
$48,800 $48,800 $76,288 $76,288 $76,288 $3,526,653
155.100-Commission Administration
Appropriation (HB 75)
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.
THURSDAY, FEBRUARY 19, 2015
813
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
$3,401,565 $3,401,565
$48,800 $48,800 $76,288 $76,288 $76,288 $3,526,653
$3,401,565 $3,401,565
$48,800 $48,800 $76,288 $76,288 $76,288 $3,526,653
$3,401,565 $3,401,565
$48,800 $48,800 $76,288 $76,288 $76,288 $3,526,653
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 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
$2,431,473 $2,431,473 $3,553,571 $3,553,571
$950,732 $187,000 $187,000 $763,732 $763,732 $189,000 $189,000 $189,000 $7,124,776
$2,431,473 $2,431,473 $3,553,571 $3,553,571
$950,732 $187,000 $187,000 $763,732 $763,732 $189,000 $189,000 $189,000 $7,124,776
$2,431,473 $2,431,473 $3,553,571 $3,553,571
$950,732 $187,000 $187,000 $763,732 $763,732 $189,000 $189,000 $189,000 $7,124,776
814
JOURNAL OF THE HOUSE
156.100 -Forest Management
Appropriation (HB 75)
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 STATE FUNDS
$2,431,473
$2,431,473
$2,431,473
State General Funds
$2,431,473
$2,431,473
$2,431,473
TOTAL FEDERAL FUNDS
$3,553,571
$3,553,571
$3,553,571
Federal Funds Not Itemized
$3,553,571
$3,553,571
$3,553,571
TOTAL AGENCY FUNDS
$950,732
$950,732
$950,732
Intergovernmental Transfers
$187,000
$187,000
$187,000
Intergovernmental Transfers Not Itemized
$187,000
$187,000
$187,000
Sales and Services
$763,732
$763,732
$763,732
Sales and Services Not Itemized
$763,732
$763,732
$763,732
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$189,000
$189,000
$189,000
State Funds Transfers
$189,000
$189,000
$189,000
Agency to Agency Contracts
$189,000
$189,000
$189,000
TOTAL PUBLIC FUNDS
$7,124,776
$7,124,776
$7,124,776
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 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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
$27,125,594 $27,125,594
$2,246,681 $2,246,681
$27,125,594 $27,125,594
$2,246,681 $2,246,681
$27,125,594 $27,125,594
$2,246,681 $2,246,681
THURSDAY, FEBRUARY 19, 2015
815
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
TOTAL PUBLIC FUNDS
$4,741,312 $33,000 $33,000
$4,708,312 $4,708,312
$15,000 $15,000 $15,000 $34,128,587
$4,741,312 $33,000 $33,000
$4,708,312 $4,708,312
$15,000 $15,000 $15,000 $34,128,587
$4,741,312 $33,000 $33,000
$4,708,312 $4,708,312
$15,000 $15,000 $15,000 $34,128,587
157.100-Forest Protection
Appropriation (HB 75)
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 STATE FUNDS
$27,125,594 $27,125,594 $27,125,594
State General Funds
$27,125,594 $27,125,594 $27,125,594
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
$4,741,312
$4,741,312
$4,741,312
Royalties and Rents
$33,000
$33,000
$33,000
Royalties and Rents Not Itemized
$33,000
$33,000
$33,000
Sales and Services
$4,708,312
$4,708,312
$4,708,312
Sales and Services Not Itemized
$4,708,312
$4,708,312
$4,708,312
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$15,000
$15,000
$15,000
State Funds Transfers
$15,000
$15,000
$15,000
Agency to Agency Contracts
$15,000
$15,000
$15,000
TOTAL PUBLIC FUNDS
$34,128,587 $34,128,587 $34,128,587
816
JOURNAL OF THE HOUSE
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 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
$0 $0 $133,717 $133,717 $1,066,863 $1,066,863 $1,066,863 $6,500 $6,500 $6,500 $1,207,080
$0 $0 $133,717 $133,717 $1,066,863 $1,066,863 $1,066,863 $6,500 $6,500 $6,500 $1,207,080
$0 $0 $133,717 $133,717 $1,066,863 $1,066,863 $1,066,863 $6,500 $6,500 $6,500 $1,207,080
158.100 -Tree Seedling Nursery
Appropriation (HB 75)
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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$133,717 $133,717 $1,066,863 $1,066,863 $1,066,863
$6,500 $6,500 $6,500 $1,207,080
$133,717 $133,717 $1,066,863 $1,066,863 $1,066,863
$6,500 $6,500 $6,500 $1,207,080
$133,717 $133,717 $1,066,863 $1,066,863 $1,066,863
$6,500 $6,500 $6,500 $1,207,080
THURSDAY, FEBRUARY 19, 2015
817
Section 26: Governor, Office of the
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 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
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 Sanctions, Fines, and Penalties
Section Total - Continuation
$52,347,978 $52,347,978
$52,347,978 $52,347,978
$30,183,850 $30,183,850
$30,183,850 $30,183,850
$1,428,720
$1,428,720
$500,000
$500,000
$500,000
$500,000
$100,000
$100,000
$100,000
$100,000
$661,031
$661,031
$661,031
$661,031
$167,689
$167,689
$167,689
$167,689
$147,325
$147,325
$147,325
$147,325
$147,325
$147,325
$84,107,873 $84,107,873
Section Total - Final
$49,916,478 $49,916,478 $30,183,850 $30,183,850
$1,428,720 $500,000 $500,000 $100,000 $100,000 $661,031 $661,031 $167,689
$49,499,478 $49,499,478 $30,183,850 $30,183,850
$1,428,720 $500,000 $500,000 $100,000 $100,000 $661,031 $661,031 $167,689
$52,347,978 $52,347,978 $30,183,850 $30,183,850
$1,428,720 $500,000 $500,000 $100,000 $100,000 $661,031 $661,031 $167,689 $167,689 $147,325 $147,325 $147,325
$84,107,873
$49,467,416 $49,467,416 $30,183,850 $30,183,850
$1,428,720 $500,000 $500,000 $100,000 $100,000 $661,031 $661,031 $167,689
818
JOURNAL OF THE HOUSE
Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$167,689 $147,325 $147,325 $147,325 $81,676,373
$167,689 $147,325 $147,325 $147,325 $81,259,373
$167,689 $147,325 $147,325 $147,325 $81,227,311
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
$11,062,041 $11,062,041 $11,062,041
$11,062,041 $11,062,041 $11,062,041
$11,062,041 $11,062,041 $11,062,041
159.1 Transfer funds from the Governor's Emergency Fund program to the Georgia Public Defender Standards Council program for
contracts for capital conflict cases and to the Public Defenders program for contracts for conflict cases.
State General Funds
($4,000,000) ($4,000,000) ($4,000,000)
159.100-Governor's Emergency Fund
Appropriation (HB 75)
The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on
government.
TOTAL STATE FUNDS
$7,062,041
$7,062,041
$7,062,041
State General Funds
$7,062,041
$7,062,041
$7,062,041
TOTAL PUBLIC FUNDS
$7,062,041
$7,062,041
$7,062,041
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 O.C.G.A. 45-7-4 shall be $40,000.
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS
$6,072,026 $6,072,026
$100,000
$6,072,026 $6,072,026
$100,000
$6,072,026 $6,072,026
$100,000
THURSDAY, FEBRUARY 19, 2015
819
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$100,000 $100,000 $6,172,026
$100,000 $100,000 $6,172,026
$100,000 $100,000 $6,172,026
160.100 -Governor's Office
Appropriation (HB 75)
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 STATE FUNDS
$6,072,026
$6,072,026
$6,072,026
State General Funds
$6,072,026
$6,072,026
$6,072,026
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
$6,172,026
$6,172,026
$6,172,026
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
$8,353,713 $8,353,713 $8,353,713
$8,353,713 $8,353,713 $8,353,713
$8,353,713 $8,353,713 $8,353,713
161.1 Increase funds for the Education Reform Task Force. State General Funds
$1,000,000
$750,000
$750,000
161.100 -Planning and Budget, Governor's Office of
Appropriation (HB 75)
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
$9,353,713
$9,103,713
$9,103,713
State General Funds
$9,353,713
$9,103,713
$9,103,713
TOTAL PUBLIC FUNDS
$9,353,713
$9,103,713
$9,103,713
820
JOURNAL OF THE HOUSE
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 PUBLIC FUNDS
$888,266 $888,266
$5,000 $5,000 $893,266
$888,266 $888,266
$5,000 $5,000 $893,266
$888,266 $888,266
$5,000 $5,000 $893,266
162.100 -Child Advocate, Office of the
Appropriation (HB 75)
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
$888,266
$888,266
$888,266
State General Funds
$888,266
$888,266
$888,266
TOTAL FEDERAL FUNDS
$5,000
$5,000
$5,000
Federal Funds Not Itemized
$5,000
$5,000
$5,000
TOTAL PUBLIC FUNDS
$893,266
$893,266
$893,266
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
TOTAL PUBLIC FUNDS
$1,429,645 $1,429,645
$63,738 $63,738 $1,493,383
$1,429,645 $1,429,645
$63,738 $63,738 $1,493,383
$1,429,645 $1,429,645
$63,738 $63,738 $1,493,383
163.100 -Children and Families, Governor's Office for
Appropriation (HB 75)
The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to
families.
THURSDAY, FEBRUARY 19, 2015
821
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$1,429,645 $1,429,645
$63,738 $63,738 $1,493,383
$1,429,645 $1,429,645
$63,738 $63,738 $1,493,383
$1,429,645 $1,429,645
$63,738 $63,738 $1,493,383
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
$2,140,510 $2,140,510 $29,703,182 $29,703,182
$660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,651,548
$2,140,510 $2,140,510 $29,703,182 $29,703,182
$660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,651,548
$2,140,510 $2,140,510 $29,703,182 $29,703,182
$660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,651,548
164.1 Increase funds for personnel to reflect projected expenditures. State General Funds
$77,989
$77,989
$77,989
164.100 -Emergency Management Agency, Georgia
Appropriation (HB 75)
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
822
JOURNAL OF THE HOUSE
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
$2,218,499
$2,218,499
$2,218,499
State General Funds
$2,218,499
$2,218,499
$2,218,499
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
$32,729,537 $32,729,537 $32,729,537
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 PUBLIC FUNDS
$670,414 $670,414 $670,414
$670,414 $670,414 $670,414
$670,414 $670,414 $670,414
165.100-Equal Opportunity, Georgia Commission on
Appropriation (HB 75)
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
$670,414
$670,414
$670,414
State General Funds
$670,414
$670,414
$670,414
TOTAL PUBLIC FUNDS
$670,414
$670,414
$670,414
THURSDAY, FEBRUARY 19, 2015
823
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
$6,274,340 $6,274,340
$411,930 $411,930
$500 $500 $500 $6,686,770
$6,274,340 $6,274,340
$411,930 $411,930
$500 $500 $500 $6,686,770
$6,274,340 $6,274,340
$411,930 $411,930
$500 $500 $500 $6,686,770
166.100-Professional Standards Commission, Georgia
Appropriation (HB 75)
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
$6,274,340
$6,274,340
$6,274,340
State General Funds
$6,274,340
$6,274,340
$6,274,340
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
$6,686,770
$6,686,770
$6,686,770
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 Sales and Services
$4,675,275 $4,675,275
$667,689 $500,000
$4,675,275 $4,675,275
$667,689 $500,000
$4,675,275 $4,675,275
$667,689 $500,000
824
JOURNAL OF THE HOUSE
Sales and Services Not Itemized Sanctions, Fines, and Penalties
Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS
$500,000 $167,689 $167,689 $5,342,964
$500,000 $167,689 $167,689 $5,342,964
$500,000 $167,689 $167,689 $5,342,964
167.1 Reduce funds for personnel to reflect projected expenditures. State General Funds
($46,753)
($46,753)
($78,815)
167.100 -Consumer Protection, Governor's Office of
Appropriation (HB 75)
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
$4,628,522
$4,628,522
$4,596,460
State General Funds
$4,628,522
$4,628,522
$4,596,460
TOTAL AGENCY FUNDS
$667,689
$667,689
$667,689
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
$5,296,211
$5,296,211
$5,264,149
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
$652,762 $652,762 $652,762
$652,762 $652,762 $652,762
$652,762 $652,762 $652,762
168.100 -Office of the State Inspector General
Appropriation (HB 75)
The purpose of this appropriation is to foster and promote accountability and integrity in state government by investigating and
preventing fraud, waste, and abuse.
THURSDAY, FEBRUARY 19, 2015
825
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$652,762 $652,762 $652,762
$652,762 $652,762 $652,762
$652,762 $652,762 $652,762
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
$10,128,986 $10,128,986 $10,128,986
$10,128,986 $10,128,986 $10,128,986
$10,128,986 $10,128,986 $10,128,986
169.1 Increase funds for the Governor's Honors Program to meet the projected need.
State General Funds
$370,264
$370,264
$370,264
169.2 Increase funds for one-time funding for competitive grants to local school systems for technology infrastructure upgrades to
meet the projected need.
State General Funds
$167,000
$0
$0
169.100 -Student Achievement, Office of
Appropriation (HB 75)
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
$10,666,250 $10,499,250 $10,499,250
State General Funds
$10,666,250 $10,499,250 $10,499,250
TOTAL PUBLIC FUNDS
$10,666,250 $10,499,250 $10,499,250
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.
826
JOURNAL OF THE HOUSE
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 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 Transfers to Social Services Block Grant 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 Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Indirect FFIND Community Services Block Grant CFDA93.569
TOTAL PUBLIC FUNDS
Section Total - Continuation
$523,873,307 $523,873,307
$517,681,501 $517,681,501
$6,191,806
$6,191,806
$1,102,315,922 $1,102,315,922
$453,603,669 $453,603,669
$22,498
$22,498
$1,166,080
$1,166,080
$209,161
$209,161
$10,599,773 $10,599,773
$16,526,699 $16,526,699
$76,380,126 $76,380,126
$55,866,874 $55,866,874
$79,458,085 $79,458,085
$52,778,456 $52,778,456
$355,704,501 $355,704,501
$350,454,501 $350,454,501
$5,250,000
$5,250,000
$48,536,211 $48,536,211
$46,500
$46,500
$46,500
$46,500
$465,286
$465,286
$465,286
$465,286
$48,024,425 $48,024,425
$48,024,425 $48,024,425
$3,567,485
$3,567,485
$1,344,249
$1,344,249
$1,344,249
$1,344,249
$2,223,236
$2,223,236
$2,223,236
$2,223,236
$1,678,292,925 $1,678,292,925
$523,873,307 $517,681,501
$6,191,806 $1,102,315,922
$453,603,669 $22,498
$1,166,080 $209,161
$10,599,773 $16,526,699 $76,380,126 $55,866,874 $79,458,085 $52,778,456 $355,704,501 $350,454,501
$5,250,000 $48,536,211
$46,500 $46,500 $465,286 $465,286 $48,024,425 $48,024,425 $3,567,485 $1,344,249 $1,344,249 $2,223,236 $2,223,236 $1,678,292,925
THURSDAY, FEBRUARY 19, 2015
827
Section Total - Final
TOTAL STATE FUNDS
$540,494,023
State General Funds
$534,302,217
Tobacco Settlement Funds
$6,191,806
TOTAL FEDERAL FUNDS
$1,122,424,005
Federal Funds Not Itemized
$453,603,669
CCDF Mandatory & Matching Funds CFDA93.596
$22,498
FFIND CCDF Mandatory & Matching Funds CFDA93.596
$1,166,080
Child Care & Development Block Grant CFDA93.575
$209,161
FFIND Child Care and Development Block Grant CFDA93.575
$10,599,773
Community Services Block Grant CFDA93.569
$16,526,699
Foster Care Title IV-E CFDA93.658
$82,994,729
Low-Income Home Energy Assistance CFDA93.568
$55,866,874
Medical Assistance Program CFDA93.778
$79,458,085
Social Services Block Grant CFDA93.667
$52,778,456
Temporary Assistance for Needy Families
$369,197,981
Temporary Assistance for Needy Families Grant CFDA93.558
$363,947,981
TANF Transfers to Social Services Block Grant per 42 USC 604
$5,250,000
TOTAL AGENCY FUNDS
$48,536,211
Contributions, Donations, and Forfeitures
$46,500
Contributions, Donations, and Forfeitures Not Itemized
$46,500
Reserved Fund Balances
$465,286
Reserved Fund Balances Not Itemized
$465,286
Sales and Services
$48,024,425
Sales and Services Not Itemized
$48,024,425
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$3,567,485
State Funds Transfers
$1,344,249
Agency to Agency Contracts
$1,344,249
Federal Funds Indirect
$2,223,236
FFIND Community Services Block Grant CFDA93.569
$2,223,236
TOTAL PUBLIC FUNDS
$1,715,021,724
$540,506,523 $534,314,717
$6,191,806 $1,122,424,005
$453,603,669 $22,498
$1,166,080 $209,161
$10,599,773 $16,526,699 $82,994,729 $55,866,874 $79,458,085 $52,778,456 $369,197,981 $363,947,981
$5,250,000 $48,536,211
$46,500 $46,500 $465,286 $465,286 $48,024,425 $48,024,425 $3,567,485 $1,344,249 $1,344,249 $2,223,236 $2,223,236 $1,715,034,224
$540,519,023 $534,327,217
$6,191,806 $1,122,424,005
$453,603,669 $22,498
$1,166,080 $209,161
$10,599,773 $16,526,699 $82,994,729 $55,866,874 $79,458,085 $52,778,456 $369,197,981 $363,947,981
$5,250,000 $48,536,211
$46,500 $46,500 $465,286 $465,286 $48,024,425 $48,024,425 $3,567,485 $1,344,249 $1,344,249 $2,223,236 $2,223,236 $1,715,046,724
828
JOURNAL OF THE HOUSE
Adoptions 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
$34,074,571 $34,074,571 $56,178,865 $39,778,865 $16,400,000 $16,400,000
$46,500 $46,500 $46,500 $90,299,936
$34,074,571 $34,074,571 $56,178,865 $39,778,865 $16,400,000 $16,400,000
$46,500 $46,500 $46,500 $90,299,936
$34,074,571 $34,074,571 $56,178,865 $39,778,865 $16,400,000 $16,400,000
$46,500 $46,500 $46,500 $90,299,936
170.100 -Adoptions Services
Appropriation (HB 75)
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
$34,074,571 $34,074,571 $34,074,571
State General Funds
$34,074,571 $34,074,571 $34,074,571
TOTAL FEDERAL FUNDS
$56,178,865 $56,178,865 $56,178,865
Federal Funds Not Itemized
$39,778,865 $39,778,865 $39,778,865
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
Contributions, Donations, and Forfeitures Not Itemized
$46,500
$46,500
$46,500
TOTAL PUBLIC FUNDS
$90,299,936 $90,299,936 $90,299,936
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.
THURSDAY, FEBRUARY 19, 2015
829
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 $15,500,000 $15,500,000 $15,500,000 $15,500,000
$0 $0 $15,500,000 $15,500,000 $15,500,000 $15,500,000
$0 $0 $15,500,000 $15,500,000 $15,500,000 $15,500,000
171.100 -After School Care
Appropriation (HB 75)
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
$15,500,000 $15,500,000 $15,500,000 $15,500,000
$15,500,000 $15,500,000 $15,500,000 $15,500,000
$15,500,000 $15,500,000 $15,500,000 $15,500,000
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 FFIND Child Care and Development Block Grant CFDA93.575
TOTAL PUBLIC FUNDS
$0 $0 $9,777,346 $9,777,346 $9,777,346
$0 $0 $9,777,346 $9,777,346 $9,777,346
$0 $0 $9,777,346 $9,777,346 $9,777,346
173.100 -Child Care Services
Appropriation (HB 75)
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 FFIND Child Care and Development Block Grant CFDA93.575
TOTAL PUBLIC FUNDS
$9,777,346 $9,777,346 $9,777,346
$9,777,346 $9,777,346 $9,777,346
$9,777,346 $9,777,346 $9,777,346
830
JOURNAL OF THE HOUSE
Child Support Services
Continuation Budget
The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support.
TOTAL STATE FUNDS State General Funds
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
$28,323,847 $28,323,847 $76,405,754 $76,285,754
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $107,966,861
$28,323,847 $28,323,847 $76,405,754 $76,285,754
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $107,966,861
$28,323,847 $28,323,847 $76,405,754 $76,285,754
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $107,966,861
174.100 -Child Support Services
Appropriation (HB 75)
The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support.
TOTAL STATE FUNDS
$28,323,847 $28,323,847 $28,323,847
State General Funds
$28,323,847 $28,323,847 $28,323,847
TOTAL FEDERAL FUNDS
$76,405,754 $76,405,754 $76,405,754
Federal Funds Not Itemized
$76,285,754 $76,285,754 $76,285,754
Social Services Block Grant CFDA93.667
$120,000
$120,000
$120,000
TOTAL AGENCY FUNDS
$2,841,500
$2,841,500
$2,841,500
Sales and Services
$2,841,500
$2,841,500
$2,841,500
Sales and Services Not Itemized
$2,841,500
$2,841,500
$2,841,500
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$395,760
$395,760
$395,760
State Funds Transfers
$395,760
$395,760
$395,760
Agency to Agency Contracts
$395,760
$395,760
$395,760
TOTAL PUBLIC FUNDS
$107,966,861 $107,966,861 $107,966,861
THURSDAY, FEBRUARY 19, 2015
831
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 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 TANF Transfers to Social Services Block Grant per 42 USC 604
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$113,614,101 $113,614,101 $156,184,634 $27,943,131
$22,498 $200,835 $28,224,544 $154,157 $2,846,970 $96,792,499 $91,542,499 $5,250,000 $112,489 $112,489 $112,489 $269,911,224
$113,614,101 $113,614,101 $156,184,634 $27,943,131
$22,498 $200,835 $28,224,544 $154,157 $2,846,970 $96,792,499 $91,542,499 $5,250,000 $112,489 $112,489 $112,489 $269,911,224
$113,614,101 $113,614,101 $156,184,634 $27,943,131
$22,498 $200,835 $28,224,544 $154,157 $2,846,970 $96,792,499 $91,542,499 $5,250,000 $112,489 $112,489 $112,489 $269,911,224
175.1 Increase funds for personnel for 103 additional Child Protective Services caseworkers.
State General Funds
$4,977,117
$4,977,117
$4,977,117
Foster Care Title IV-E CFDA93.658
$1,244,279
$1,244,279
$1,244,279
Total Public Funds:
$6,221,396
$6,221,396
$6,221,396
175.2 Increase funds for the Court Appointed Special Advocates (CASA) program due to an increase in the cost of providing
criminal background checks.
State General Funds
$12,500
$25,000
175.100 -Child Welfare Services
Appropriation (HB 75)
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.
832
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS 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 TANF Transfers to Social Services Block Grant per 42 USC 604
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$118,591,218 $118,591,218 $157,428,913 $27,943,131
$22,498 $200,835 $29,468,823 $154,157 $2,846,970 $96,792,499 $91,542,499 $5,250,000 $112,489 $112,489 $112,489 $276,132,620
$118,603,718 $118,603,718 $157,428,913 $27,943,131
$22,498 $200,835 $29,468,823 $154,157 $2,846,970 $96,792,499 $91,542,499 $5,250,000 $112,489 $112,489 $112,489 $276,145,120
$118,616,218 $118,616,218 $157,428,913 $27,943,131
$22,498 $200,835 $29,468,823 $154,157 $2,846,970 $96,792,499 $91,542,499 $5,250,000 $112,489 $112,489 $112,489 $276,157,620
Child Welfare Services - Special Project
Continuation Budget
The purpose of this appropriation is to promote child abuse and neglect prevention programs and support child victims of abuse.
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
$1,181,946 $1,181,946 $7,919,064 $4,846,394 $3,072,670 $3,072,670 $9,101,010
$1,181,946 $1,181,946 $7,919,064 $4,846,394 $3,072,670 $3,072,670 $9,101,010
$1,181,946 $1,181,946 $7,919,064 $4,846,394 $3,072,670 $3,072,670 $9,101,010
176.100-Child Welfare Services - Special Project
Appropriation (HB 75)
The purpose of this appropriation is to promote child abuse and neglect prevention programs and support child victims of abuse.
TOTAL STATE FUNDS
$1,181,946
$1,181,946
$1,181,946
State General Funds
$1,181,946
$1,181,946
$1,181,946
TOTAL FEDERAL FUNDS
$7,919,064
$7,919,064
$7,919,064
THURSDAY, FEBRUARY 19, 2015
833
Federal Funds Not Itemized Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS
$4,846,394 $3,072,670 $3,072,670 $9,101,010
$4,846,394 $3,072,670 $3,072,670 $9,101,010
$4,846,394 $3,072,670 $3,072,670 $9,101,010
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 $16,110,137 $16,110,137 $16,110,137
$0 $0 $16,110,137 $16,110,137 $16,110,137
$0 $0 $16,110,137 $16,110,137 $16,110,137
177.100-Community Services
Appropriation (HB 75)
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
$16,110,137 $16,110,137 $16,110,137
$16,110,137 $16,110,137 $16,110,137
$16,110,137 $16,110,137 $16,110,137
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 Federal Funds Not Itemized FFIND CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575
$34,484,962 $34,484,962 $51,913,384 $27,835,415
$965,245 $209,161
$34,484,962 $34,484,962 $51,913,384 $27,835,415
$965,245 $209,161
$34,484,962 $34,484,962 $51,913,384 $27,835,415
$965,245 $209,161
834
JOURNAL OF THE HOUSE
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
$243,158 $3,870,198
$258,779 $3,726,454 $2,539,375 $12,265,599 $12,265,599 $13,260,955 $13,260,955 $13,260,955 $99,659,301
$243,158 $3,870,198
$258,779 $3,726,454 $2,539,375 $12,265,599 $12,265,599 $13,260,955 $13,260,955 $13,260,955 $99,659,301
$243,158 $3,870,198
$258,779 $3,726,454 $2,539,375 $12,265,599 $12,265,599 $13,260,955 $13,260,955 $13,260,955 $99,659,301
178.1 Increase funds to reflect changes to the statewide cost allocation methodology for payments for state administrative hearings
effective October 1, 2014.
State General Funds
$460,195
$460,195
$460,195
178.100-Departmental Administration
Appropriation (HB 75)
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
$34,945,157 $34,945,157 $34,945,157
State General Funds
$34,945,157 $34,945,157 $34,945,157
TOTAL FEDERAL FUNDS
$51,913,384 $51,913,384 $51,913,384
Federal Funds Not Itemized
$27,835,415 $27,835,415 $27,835,415
FFIND CCDF Mandatory & Matching Funds CFDA93.596
$965,245
$965,245
$965,245
Child Care & Development Block Grant CFDA93.575
$209,161
$209,161
$209,161
Community Services Block Grant CFDA93.569
$243,158
$243,158
$243,158
Foster Care Title IV-E CFDA93.658
$3,870,198
$3,870,198
$3,870,198
Low-Income Home Energy Assistance CFDA93.568
$258,779
$258,779
$258,779
Medical Assistance Program CFDA93.778
$3,726,454
$3,726,454
$3,726,454
Social Services Block Grant CFDA93.667
$2,539,375
$2,539,375
$2,539,375
Temporary Assistance for Needy Families
$12,265,599 $12,265,599 $12,265,599
Temporary Assistance for Needy Families Grant CFDA93.558
$12,265,599 $12,265,599 $12,265,599
TOTAL AGENCY FUNDS
$13,260,955 $13,260,955 $13,260,955
THURSDAY, FEBRUARY 19, 2015
835
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$13,260,955 $13,260,955 $100,119,496
$13,260,955 $13,260,955 $100,119,496
$13,260,955 $13,260,955 $100,119,496
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
$15,499,746 $15,499,746
$3,573,433 $793,894 $500,000
$2,279,539 $19,073,179
$15,499,746 $15,499,746
$3,573,433 $793,894 $500,000
$2,279,539 $19,073,179
$15,499,746 $15,499,746
$3,573,433 $793,894 $500,000
$2,279,539 $19,073,179
179.100 -Elder Abuse Investigations and Prevention
Appropriation (HB 75)
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
$15,499,746 $15,499,746 $15,499,746
State General Funds
$15,499,746 $15,499,746 $15,499,746
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
$19,073,179 $19,073,179 $19,073,179
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
$70,285,342 $64,093,536
$70,285,342 $64,093,536
$70,285,342 $64,093,536
836
JOURNAL OF THE HOUSE
Tobacco Settlement Funds TOTAL FEDERAL FUNDS
Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS
$6,191,806 $41,416,802 $23,890,113 $13,765,259
$3,761,430 $111,702,144
$6,191,806 $41,416,802 $23,890,113 $13,765,259
$3,761,430 $111,702,144
$6,191,806 $41,416,802 $23,890,113 $13,765,259
$3,761,430 $111,702,144
180.1 Reduce funds in administrative contracts with Area Agencies on Aging and utilize savings to provide additional services to
consumers. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
180.100-Elder Community Living Services
Appropriation (HB 75)
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
$70,285,342 $70,285,342 $70,285,342
State General Funds
$64,093,536 $64,093,536 $64,093,536
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
$111,702,144 $111,702,144 $111,702,144
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
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Social Services Block Grant CFDA93.667
TOTAL PUBLIC FUNDS
$3,615,507 $3,615,507 $6,616,268 $5,866,268
$750,000 $10,231,775
$3,615,507 $3,615,507 $6,616,268 $5,866,268
$750,000 $10,231,775
$3,615,507 $3,615,507 $6,616,268 $5,866,268
$750,000 $10,231,775
THURSDAY, FEBRUARY 19, 2015
837
181.100 -Elder Support Services
Appropriation (HB 75)
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
$3,615,507
$3,615,507
$3,615,507
State General Funds
$3,615,507
$3,615,507
$3,615,507
TOTAL FEDERAL FUNDS
$6,616,268
$6,616,268
$6,616,268
Federal Funds Not Itemized
$5,866,268
$5,866,268
$5,866,268
Social Services Block Grant CFDA93.667
$750,000
$750,000
$750,000
TOTAL PUBLIC FUNDS
$10,231,775 $10,231,775 $10,231,775
Energy Assistance
Continuation Budget
The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Low-Income Home Energy Assistance CFDA93.568
TOTAL PUBLIC FUNDS
$0 $0 $55,320,027 $55,320,027 $55,320,027
$0 $0 $55,320,027 $55,320,027 $55,320,027
$0 $0 $55,320,027 $55,320,027 $55,320,027
182.100 -Energy Assistance
Appropriation (HB 75)
The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs.
TOTAL FEDERAL FUNDS Low-Income Home Energy Assistance CFDA93.568
TOTAL PUBLIC FUNDS
$55,320,027 $55,320,027 $55,320,027
$55,320,027 $55,320,027 $55,320,027
$55,320,027 $55,320,027 $55,320,027
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 PUBLIC FUNDS
$11,802,450 $11,802,450 $11,802,450
$11,802,450 $11,802,450 $11,802,450
$11,802,450 $11,802,450 $11,802,450
838
JOURNAL OF THE HOUSE
183.100 -Family Violence Services
Appropriation (HB 75)
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 PUBLIC FUNDS
$11,802,450 $11,802,450 $11,802,450
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 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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS
$106,707,981 $106,707,981 $177,263,164 $88,457,286
$822,427 $173,404 $4,168,845 $288,068 $60,139,396 $23,213,738 $23,213,738 $283,971,145
$106,707,981 $106,707,981 $177,263,164 $88,457,286
$822,427 $173,404 $4,168,845 $288,068 $60,139,396 $23,213,738 $23,213,738 $283,971,145
$106,707,981 $106,707,981 $177,263,164 $88,457,286
$822,427 $173,404 $4,168,845 $288,068 $60,139,396 $23,213,738 $23,213,738 $283,971,145
184.100 -Federal Eligibility Benefit Services
Appropriation (HB 75)
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
$106,707,981 $106,707,981 $106,707,981
State General Funds
$106,707,981 $106,707,981 $106,707,981
TOTAL FEDERAL FUNDS
$177,263,164 $177,263,164 $177,263,164
Federal Funds Not Itemized
$88,457,286 $88,457,286 $88,457,286
FFIND Child Care and Development Block Grant CFDA93.575
$822,427
$822,427
$822,427
Community Services Block Grant CFDA93.569
$173,404
$173,404
$173,404
THURSDAY, FEBRUARY 19, 2015
839
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 PUBLIC FUNDS
$4,168,845 $288,068
$60,139,396 $23,213,738 $23,213,738 $283,971,145
$4,168,845 $288,068
$60,139,396 $23,213,738 $23,213,738 $283,971,145
$4,168,845 $288,068
$60,139,396 $23,213,738 $23,213,738 $283,971,145
Federal Fund Transfers to Other Agencies
Continuation Budget
The purpose of this appropriation is to reflect federal funds received by 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 $63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072
$0 $0 $63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072
$0 $0 $63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072
185.100-Federal Fund Transfers to Other Agencies
Appropriation (HB 75)
The purpose of this appropriation is to reflect federal funds received by 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
$63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072
$63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072
$63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072
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.
840
JOURNAL OF THE HOUSE
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
$72,281,117 $72,281,117 $137,852,347
$164,819 $39,497,276 $98,190,252 $98,190,252 $210,133,464
$72,281,117 $72,281,117 $137,852,347
$164,819 $39,497,276 $98,190,252 $98,190,252 $210,133,464
$72,281,117 $72,281,117 $137,852,347
$164,819 $39,497,276 $98,190,252 $98,190,252 $210,133,464
186.1 Increase funds for growth in Out-Of-Home Care utilization. State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 Foster Care Title IV-E CFDA93.658 Total Public Funds:
$9,812,147 $13,493,480
$5,370,324 $28,675,951
$9,812,147 $13,493,480
$5,370,324 $28,675,951
$9,812,147 $13,493,480
$5,370,324 $28,675,951
186.100 -Out-of-Home Care
Appropriation (HB 75)
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
$82,093,264 $82,093,264 $82,093,264
State General Funds
$82,093,264 $82,093,264 $82,093,264
TOTAL FEDERAL FUNDS
$156,716,151 $156,716,151 $156,716,151
Federal Funds Not Itemized
$164,819
$164,819
$164,819
Foster Care Title IV-E CFDA93.658
$44,867,600 $44,867,600 $44,867,600
Temporary Assistance for Needy Families
$111,683,732 $111,683,732 $111,683,732
Temporary Assistance for Needy Families Grant CFDA93.558
$111,683,732 $111,683,732 $111,683,732
TOTAL PUBLIC FUNDS
$238,809,415 $238,809,415 $238,809,415
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
$0
$0
$0
$0
$0
$0
THURSDAY, FEBRUARY 19, 2015
841
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$9,303,613 $9,303,613 $9,303,613
$9,303,613 $9,303,613 $9,303,613
$9,303,613 $9,303,613 $9,303,613
187.100 -Refugee Assistance
Appropriation (HB 75)
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
$9,303,613 $9,303,613 $9,303,613
$9,303,613 $9,303,613 $9,303,613
$9,303,613 $9,303,613 $9,303,613
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
$1,589,350 $1,589,350
$619,263 $619,263 $2,208,613
$1,589,350 $1,589,350
$619,263 $619,263 $2,208,613
$1,589,350 $1,589,350
$619,263 $619,263 $2,208,613
188.100 -Child Care Licensing
Appropriation (HB 75)
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
$1,589,350
$1,589,350
$1,589,350
State General Funds
$1,589,350
$1,589,350
$1,589,350
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
$2,208,613
$2,208,613
$2,208,613
842
JOURNAL OF THE HOUSE
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
TOTAL PUBLIC FUNDS
$100,000 $100,000 $48,306,610 $48,306,610 $48,306,610 $48,406,610
$100,000 $100,000 $48,306,610 $48,306,610 $48,306,610 $48,406,610
$100,000 $100,000 $48,306,610 $48,306,610 $48,306,610 $48,406,610
189.100-Support for Needy Families - Basic Assistance
Appropriation (HB 75)
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
$48,306,610 $48,306,610 $48,306,610
Temporary Assistance for Needy Families
$48,306,610 $48,306,610 $48,306,610
Temporary Assistance for Needy Families Grant CFDA93.558
$48,306,610 $48,306,610 $48,306,610
TOTAL PUBLIC FUNDS
$48,406,610 $48,406,610 $48,406,610
Support for Needy Families - Work Assistance
Continuation Budget
The purpose of this appropriation is to assist needy Georgian families in achieving self-sufficiency by obtaining and keeping
employment as well as complying with Georgia's state plan for the federal Temporary Assistance for Needy Families program.
TOTAL 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 $18,547,617 $77,414 $18,470,203 $18,470,203 $18,547,617
$0 $0 $18,547,617 $77,414 $18,470,203 $18,470,203 $18,547,617
$0 $0 $18,547,617 $77,414 $18,470,203 $18,470,203 $18,547,617
THURSDAY, FEBRUARY 19, 2015
843
190.100 -Support for Needy Families - Work Assistance
Appropriation (HB 75)
The purpose of this appropriation is to assist needy Georgian families in achieving self-sufficiency by obtaining and keeping
employment as well as complying with Georgia's state plan for the federal Temporary Assistance for Needy Families program.
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS
$18,547,617 $77,414
$18,470,203 $18,470,203 $18,547,617
$18,547,617 $77,414
$18,470,203 $18,470,203 $18,547,617
$18,547,617 $77,414
$18,470,203 $18,470,203 $18,547,617
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
$227,322 $227,322 $227,322
$227,322 $227,322 $227,322
$227,322 $227,322 $227,322
191.100 -Council On Aging
Appropriation (HB 75)
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
$227,322
$227,322
$227,322
State General Funds
$227,322
$227,322
$227,322
TOTAL PUBLIC FUNDS
$227,322
$227,322
$227,322
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
$8,505,148 $8,505,148 $1,172,819
$8,505,148 $8,505,148 $1,172,819
$8,505,148 $8,505,148 $1,172,819
844
JOURNAL OF THE HOUSE
Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS
$1,172,819 $9,677,967
$1,172,819 $9,677,967
$1,172,819 $9,677,967
192.100-Family Connection
Appropriation (HB 75)
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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Indirect FFIND Community Services Block Grant CFDA93.569
TOTAL PUBLIC FUNDS
$277,214 $277,214 $696,740 $696,740 $2,259,236
$36,000 $36,000 $2,223,236 $2,223,236 $3,233,190
$277,214 $277,214 $696,740 $696,740 $2,259,236
$36,000 $36,000 $2,223,236 $2,223,236 $3,233,190
$277,214 $277,214 $696,740 $696,740 $2,259,236
$36,000 $36,000 $2,223,236 $2,223,236 $3,233,190
193.100-Georgia Vocational Rehabilitation Agency: Business Enterprise Program
Appropriation (HB 75)
The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy.
TOTAL STATE FUNDS
$277,214
$277,214
$277,214
State General Funds
$277,214
$277,214
$277,214
TOTAL FEDERAL FUNDS
$696,740
$696,740
$696,740
THURSDAY, FEBRUARY 19, 2015
845
Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Agency to Agency Contracts
Federal Funds Indirect FFIND Community Services Block Grant CFDA93.569
TOTAL PUBLIC FUNDS
$696,740 $2,259,236
$36,000 $36,000 $2,223,236 $2,223,236 $3,233,190
$696,740 $2,259,236
$36,000 $36,000 $2,223,236 $2,223,236 $3,233,190
$696,740 $2,259,236
$36,000 $36,000 $2,223,236 $2,223,236 $3,233,190
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
$1,426,742 $1,426,742 $6,526,132 $6,526,132 $7,952,874
$1,426,742 $1,426,742 $6,526,132 $6,526,132 $7,952,874
$1,426,742 $1,426,742 $6,526,132 $6,526,132 $7,952,874
194.1 Reduce funds in contracts and transfer savings from the Georgia Vocational Rehabilitation Agency: Departmental
Administration program to the Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation program to provide additional
services to consumers.
State General Funds
($71,809)
($71,809)
($71,809)
194.100 -Georgia Vocational Rehabilitation Agency: Departmental Administration
Appropriation (HB 75)
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
$1,354,933
$1,354,933
$1,354,933
State General Funds
$1,354,933
$1,354,933
$1,354,933
TOTAL FEDERAL FUNDS
$6,526,132
$6,526,132
$6,526,132
Federal Funds Not Itemized
$6,526,132
$6,526,132
$6,526,132
TOTAL PUBLIC FUNDS
$7,881,065
$7,881,065
$7,881,065
846
JOURNAL OF THE HOUSE
Georgia Vocational Rehabilitation Agency: Disability Adjudication Services
Continuation Budget
The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens
can obtain support.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$0 $0 $70,333,617 $70,333,617 $70,333,617
$0 $0 $70,333,617 $70,333,617 $70,333,617
$0 $0 $70,333,617 $70,333,617 $70,333,617
195.100-Georgia Vocational Rehabilitation Agency: Disability Adjudication Services
Appropriation (HB 75)
The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens
can obtain support.
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$70,333,617 $70,333,617 $70,333,617
$70,333,617 $70,333,617 $70,333,617
$70,333,617 $70,333,617 $70,333,617
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 $9,507,334 $465,286 $465,286 $9,042,048 $9,042,048 $9,507,334
$0 $0 $9,507,334 $465,286 $465,286 $9,042,048 $9,042,048 $9,507,334
$0 $0 $9,507,334 $465,286 $465,286 $9,042,048 $9,042,048 $9,507,334
THURSDAY, FEBRUARY 19, 2015
847
196.100 -Georgia Vocational Rehabilitation Agency: Georgia Industries for the Blind
Appropriation (HB 75)
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
$9,507,334 $465,286 $465,286
$9,042,048 $9,042,048 $9,507,334
$9,507,334 $465,286 $465,286
$9,042,048 $9,042,048 $9,507,334
$9,507,334 $465,286 $465,286
$9,042,048 $9,042,048 $9,507,334
Georgia Vocational Rehabilitation Agency: Roosevelt Warm Springs Medical Hospital
Continuation Budget
The purpose of this appropriation is to provide rehabilitative and medical care for individuals to return to the most independent
lifestyle possible.
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$2,069,043 $2,069,043 $18,519,922 $18,519,922 $18,519,922 $20,588,965
$2,069,043 $2,069,043 $18,519,922 $18,519,922 $18,519,922 $20,588,965
$2,069,043 $2,069,043 $18,519,922 $18,519,922 $18,519,922 $20,588,965
197.1 Increase funds to reflect a decrease in federal supplemental payments. State General Funds
$1,371,257
$1,371,257
$1,371,257
197.100-Georgia Vocational Rehabilitation Agency: Roosevelt Warm Springs Medical Hospital
Appropriation (HB 75)
The purpose of this appropriation is to provide rehabilitative and medical care for individuals to return to the most independent
lifestyle possible.
TOTAL STATE FUNDS
$3,440,300
$3,440,300
$3,440,300
State General Funds
$3,440,300
$3,440,300
$3,440,300
848
JOURNAL OF THE HOUSE
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$18,519,922 $18,519,922 $18,519,922 $21,960,222
$18,519,922 $18,519,922 $18,519,922 $21,960,222
$18,519,922 $18,519,922 $18,519,922 $21,960,222
Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation Program
Continuation Budget
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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$17,806,918 $17,806,918 $70,804,214 $70,804,214
$4,360,000 $4,360,000 $4,360,000
$800,000 $800,000 $800,000 $93,771,132
$17,806,918 $17,806,918 $70,804,214 $70,804,214
$4,360,000 $4,360,000 $4,360,000
$800,000 $800,000 $800,000 $93,771,132
$17,806,918 $17,806,918 $70,804,214 $70,804,214
$4,360,000 $4,360,000 $4,360,000
$800,000 $800,000 $800,000 $93,771,132
198.1 Transfer funds from the Georgia Vocational Rehabilitation Agency: Departmental Administration program to the Georgia
Vocational Rehabilitation Agency: Vocational Rehabilitation program to provide additional services to consumers.
State General Funds
$71,809
$71,809
$71,809
198.100-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
$17,878,727
State General Funds
$17,878,727
TOTAL FEDERAL FUNDS
$70,804,214
Federal Funds Not Itemized
$70,804,214
TOTAL AGENCY FUNDS
$4,360,000
Appropriation (HB 75)
$17,878,727 $17,878,727 $70,804,214 $70,804,214
$4,360,000
$17,878,727 $17,878,727 $70,804,214 $70,804,214
$4,360,000
THURSDAY, FEBRUARY 19, 2015
849
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$4,360,000 $4,360,000
$800,000 $800,000 $800,000 $93,842,941
$4,360,000 $4,360,000
$800,000 $800,000 $800,000 $93,842,941
$4,360,000 $4,360,000
$800,000 $800,000 $800,000 $93,842,941
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
Section Total - Continuation
$19,839,192 $19,839,192
$19,839,192 $19,839,192
$726,955
$726,955
$726,955
$726,955
$5,000
$5,000
$5,000
$5,000
$19,839,192 $19,839,192
$726,955 $726,955
$5,000 $5,000
850
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$5,000 $334,026 $334,026 $334,026 $20,905,173
$5,000 $334,026 $334,026 $334,026 $20,905,173
$5,000 $334,026 $334,026 $334,026 $20,905,173
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
$19,216,973 $19,216,973
$1,349,174 $1,349,174
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $20,905,173
$19,216,973 $19,216,973
$1,349,174 $1,349,174
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $20,905,173
$19,303,315 $19,303,315
$1,349,174 $1,349,174
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $20,991,515
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
$1,812,192 $1,812,192 $1,812,192
$1,812,192 $1,812,192 $1,812,192
$1,812,192 $1,812,192 $1,812,192
199.100-Departmental Administration
Appropriation (HB 75)
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
$1,812,192
$1,812,192
$1,812,192
State General Funds
$1,812,192
$1,812,192
$1,812,192
TOTAL PUBLIC FUNDS
$1,812,192
$1,812,192
$1,812,192
THURSDAY, FEBRUARY 19, 2015
851
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
$774,303 $774,303 $774,303
$774,303 $774,303 $774,303
$774,303 $774,303 $774,303
200.100 -Enforcement
Appropriation (HB 75)
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
$774,303
$774,303
$774,303
State General Funds
$774,303
$774,303
$774,303
TOTAL PUBLIC FUNDS
$774,303
$774,303
$774,303
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
$7,089,780 $7,089,780
$720,479 $720,479
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $8,149,285
$7,089,780 $7,089,780
$720,479 $720,479
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $8,149,285
$7,089,780 $7,089,780
$720,479 $720,479
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $8,149,285
852
JOURNAL OF THE HOUSE
201.1 Replace funds for manufactured housing inspections and regulatory activities.
State General Funds
($622,219)
($622,219)
($622,219)
Federal Funds Not Itemized
$622,219
$622,219
$622,219
Total Public Funds:
$0
$0
$0
201.2 Increase funds for operations and vehicles, recognizing that the agency has $63,658 remaining in their motor vehicle
purchasing budget.
State General Funds
$86,342
201.100-Fire Safety
Appropriation (HB 75)
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
$6,467,561
$6,467,561
$6,553,903
State General Funds
$6,467,561
$6,467,561
$6,553,903
TOTAL FEDERAL FUNDS
$1,342,698
$1,342,698
$1,342,698
Federal Funds Not Itemized
$1,342,698
$1,342,698
$1,342,698
TOTAL AGENCY FUNDS
$5,000
$5,000
$5,000
Sales and Services
$5,000
$5,000
$5,000
Sales and Services Not Itemized
$5,000
$5,000
$5,000
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$334,026
$334,026
$334,026
State Funds Transfers
$334,026
$334,026
$334,026
Agency to Agency Contracts
$334,026
$334,026
$334,026
TOTAL PUBLIC FUNDS
$8,149,285
$8,149,285
$8,235,627
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
$670,948 $670,948 $670,948
$670,948 $670,948 $670,948
$670,948 $670,948 $670,948
THURSDAY, FEBRUARY 19, 2015
853
202.100 -Industrial Loan
Appropriation (HB 75)
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
$670,948
$670,948
$670,948
State General Funds
$670,948
$670,948
$670,948
TOTAL PUBLIC FUNDS
$670,948
$670,948
$670,948
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 PUBLIC FUNDS
$5,277,604 $5,277,604 $5,277,604
$5,277,604 $5,277,604 $5,277,604
$5,277,604 $5,277,604 $5,277,604
203.100 -Insurance Regulation
Appropriation (HB 75)
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
$5,277,604
$5,277,604
$5,277,604
State General Funds
$5,277,604
$5,277,604
$5,277,604
TOTAL PUBLIC FUNDS
$5,277,604
$5,277,604
$5,277,604
Special Fraud
Continuation Budget
The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS
$4,214,365 $4,214,365
$6,476
$4,214,365 $4,214,365
$6,476
$4,214,365 $4,214,365
$6,476
854
JOURNAL OF THE HOUSE
Federal Funds Not Itemized TOTAL PUBLIC FUNDS
$6,476 $4,220,841
$6,476 $4,220,841
$6,476 $4,220,841
204.100 -Special Fraud
Appropriation (HB 75)
The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud.
TOTAL STATE FUNDS
$4,214,365
$4,214,365
$4,214,365
State General Funds
$4,214,365
$4,214,365
$4,214,365
TOTAL FEDERAL FUNDS
$6,476
$6,476
$6,476
Federal Funds Not Itemized
$6,476
$6,476
$6,476
TOTAL PUBLIC FUNDS
$4,220,841
$4,220,841
$4,220,841
Section 29: Investigation, Georgia Bureau of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Temp. Assistance for Needy Families CFDA93.558
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Continuation
$99,943,154 $99,943,154
$99,943,154 $99,943,154
$30,583,872 $30,583,872
$29,592,192 $29,592,192
$991,680
$991,680
$23,088,236 $23,088,236
$23,088,236 $23,088,236
$23,088,236 $23,088,236
$153,615,262 $153,615,262
$99,943,154 $99,943,154 $30,583,872 $29,592,192
$991,680 $23,088,236 $23,088,236 $23,088,236 $153,615,262
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Temp. Assistance for Needy Families CFDA93.558
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$99,943,154 $99,943,154 $30,583,872 $29,592,192
$991,680 $23,088,236 $23,088,236 $23,088,236 $153,615,262
$99,943,154 $99,943,154 $30,583,872 $29,592,192
$991,680 $23,088,236 $23,088,236 $23,088,236 $153,615,262
$99,943,154 $99,943,154 $30,583,872 $29,592,192
$991,680 $23,088,236 $23,088,236 $23,088,236 $153,615,262
THURSDAY, FEBRUARY 19, 2015
855
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
$7,683,937 $7,683,937
$12,600 $12,600 $7,696,537
$7,683,937 $7,683,937
$12,600 $12,600 $7,696,537
$7,683,937 $7,683,937
$12,600 $12,600 $7,696,537
205.100-Bureau Administration
Appropriation (HB 75)
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
$7,683,937
$7,683,937
$7,683,937
State General Funds
$7,683,937
$7,683,937
$7,683,937
TOTAL FEDERAL FUNDS
$12,600
$12,600
$12,600
Federal Funds Not Itemized
$12,600
$12,600
$12,600
TOTAL PUBLIC FUNDS
$7,696,537
$7,696,537
$7,696,537
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
$4,221,183 $4,221,183
$123,685 $123,685 $6,308,894 $6,308,894 $6,308,894 $10,653,762
$4,221,183 $4,221,183
$123,685 $123,685 $6,308,894 $6,308,894 $6,308,894 $10,653,762
$4,221,183 $4,221,183
$123,685 $123,685 $6,308,894 $6,308,894 $6,308,894 $10,653,762
856
JOURNAL OF THE HOUSE
206.100-Criminal Justice Information Services
Appropriation (HB 75)
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
$4,221,183
$4,221,183
$4,221,183
State General Funds
$4,221,183
$4,221,183
$4,221,183
TOTAL FEDERAL FUNDS
$123,685
$123,685
$123,685
Federal Funds Not Itemized
$123,685
$123,685
$123,685
TOTAL AGENCY FUNDS
$6,308,894
$6,308,894
$6,308,894
Sales and Services
$6,308,894
$6,308,894
$6,308,894
Sales and Services Not Itemized
$6,308,894
$6,308,894
$6,308,894
TOTAL PUBLIC FUNDS
$10,653,762 $10,653,762 $10,653,762
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
$31,759,867 $31,759,867
$66,131 $66,131 $157,865 $157,865 $157,865 $31,983,863
$31,759,867 $31,759,867
$66,131 $66,131 $157,865 $157,865 $157,865 $31,983,863
$31,759,867 $31,759,867
$66,131 $66,131 $157,865 $157,865 $157,865 $31,983,863
207.100-Forensic Scientific Services
Appropriation (HB 75)
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.
THURSDAY, FEBRUARY 19, 2015
857
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
$31,759,867 $31,759,867
$66,131 $66,131 $157,865 $157,865 $157,865 $31,983,863
$31,759,867 $31,759,867
$66,131 $66,131 $157,865 $157,865 $157,865 $31,983,863
$31,759,867 $31,759,867
$66,131 $66,131 $157,865 $157,865 $157,865 $31,983,863
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 Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$33,656,496 $33,656,496
$1,157,065 $1,157,065
$71,199 $71,199 $71,199 $34,884,760
$33,656,496 $33,656,496
$1,157,065 $1,157,065
$71,199 $71,199 $71,199 $34,884,760
$33,656,496 $33,656,496
$1,157,065 $1,157,065
$71,199 $71,199 $71,199 $34,884,760
208.100 -Regional Investigative Services
Appropriation (HB 75)
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
$33,656,496 $33,656,496 $33,656,496
State General Funds
$33,656,496 $33,656,496 $33,656,496
TOTAL FEDERAL FUNDS
$1,157,065
$1,157,065
$1,157,065
Federal Funds Not Itemized
$1,157,065
$1,157,065
$1,157,065
858
JOURNAL OF THE HOUSE
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$71,199 $71,199 $71,199 $34,884,760
$71,199 $71,199 $71,199 $34,884,760
$71,199 $71,199 $71,199 $34,884,760
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 FFIND Temp. Assistance for Needy Families CFDA93.558
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$22,621,671 $22,621,671 $29,224,391 $28,232,711
$991,680 $16,550,278 $16,550,278 $16,550,278 $68,396,340
$22,621,671 $22,621,671 $29,224,391 $28,232,711
$991,680 $16,550,278 $16,550,278 $16,550,278 $68,396,340
$22,621,671 $22,621,671 $29,224,391 $28,232,711
$991,680 $16,550,278 $16,550,278 $16,550,278 $68,396,340
209.100-Criminal Justice Coordinating Council
Appropriation (HB 75)
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
$22,621,671 $22,621,671 $22,621,671
State General Funds
$22,621,671 $22,621,671 $22,621,671
TOTAL FEDERAL FUNDS
$29,224,391 $29,224,391 $29,224,391
Federal Funds Not Itemized
$28,232,711 $28,232,711 $28,232,711
FFIND Temp. Assistance for Needy Families CFDA93.558
$991,680
$991,680
$991,680
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
$68,396,340 $68,396,340 $68,396,340
THURSDAY, FEBRUARY 19, 2015
859
Section 30: Juvenile Justice, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS
Section Total - Continuation
$306,918,411 $306,918,411
$306,918,411 $306,918,411
$5,981,599
$5,981,599
$4,450,373
$4,450,373
$1,531,226
$1,531,226
$81,085
$81,085
$81,085
$81,085
$81,085
$81,085
$351,158
$351,158
$351,158
$351,158
$351,158
$351,158
$313,332,253 $313,332,253
$306,918,411 $306,918,411
$5,981,599 $4,450,373 $1,531,226
$81,085 $81,085 $81,085 $351,158 $351,158 $351,158 $313,332,253
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS
Section Total - Final
$303,918,411 $303,918,411
$5,981,599 $4,450,373 $1,531,226
$81,085 $81,085 $81,085 $351,158 $351,158 $351,158 $310,332,253
$303,918,411 $303,918,411
$5,981,599 $4,450,373 $1,531,226
$81,085 $81,085 $81,085 $351,158 $351,158 $351,158 $310,332,253
$303,918,411 $303,918,411
$5,981,599 $4,450,373 $1,531,226
$81,085 $81,085 $81,085 $351,158 $351,158 $351,158 $310,332,253
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 residential placement, tracking services,
860
JOURNAL OF THE HOUSE
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 State General Funds
TOTAL FEDERAL FUNDS Foster Care Title IV-E CFDA93.658
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS
$83,678,879 $83,678,879
$1,373,480 $1,373,480
$351,158 $351,158 $351,158 $85,403,517
$83,678,879 $83,678,879
$1,373,480 $1,373,480
$351,158 $351,158 $351,158 $85,403,517
$83,678,879 $83,678,879
$1,373,480 $1,373,480
$351,158 $351,158 $351,158 $85,403,517
211.1 Transfer funds from the Secure Detention (RYDCs) program to the Community Services program for Juvenile Justice Reform
initiatives.
State General Funds
$1,500,000
$1,500,000
$1,500,000
211.100-Community Services
Appropriation (HB 75)
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
$85,178,879 $85,178,879 $85,178,879
State General Funds
$85,178,879 $85,178,879 $85,178,879
TOTAL FEDERAL FUNDS
$1,373,480
$1,373,480
$1,373,480
Foster Care Title IV-E CFDA93.658
$1,373,480
$1,373,480
$1,373,480
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$351,158
$351,158
$351,158
Federal Funds Transfers
$351,158
$351,158
$351,158
THURSDAY, FEBRUARY 19, 2015
861
FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS
$351,158 $86,903,517
$351,158 $86,903,517
$351,158 $86,903,517
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 Foster Care Title IV-E CFDA93.658
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$23,236,761 $23,236,761
$1,004,957 $847,211 $157,746 $15,299 $15,299 $15,299
$24,257,017
$23,236,761 $23,236,761
$1,004,957 $847,211 $157,746 $15,299 $15,299 $15,299
$24,257,017
$23,236,761 $23,236,761
$1,004,957 $847,211 $157,746 $15,299 $15,299 $15,299
$24,257,017
212.100-Departmental Administration
Appropriation (HB 75)
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
$23,236,761 $23,236,761 $23,236,761
State General Funds
$23,236,761 $23,236,761 $23,236,761
TOTAL FEDERAL FUNDS
$1,004,957
$1,004,957
$1,004,957
Federal Funds Not Itemized
$847,211
$847,211
$847,211
Foster Care Title IV-E CFDA93.658
$157,746
$157,746
$157,746
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 PUBLIC FUNDS
$24,257,017 $24,257,017 $24,257,017
862
JOURNAL OF THE HOUSE
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, 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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$90,797,738 $90,797,738
$2,035,102 $2,035,102
$23,589 $23,589 $23,589 $92,856,429
$90,797,738 $90,797,738
$2,035,102 $2,035,102
$23,589 $23,589 $23,589 $92,856,429
$90,797,738 $90,797,738
$2,035,102 $2,035,102
$23,589 $23,589 $23,589 $92,856,429
213.1 Reduce funds for personnel to reflect projected expenditures. State General Funds
($3,000,000) ($3,000,000) ($3,000,000)
213.100 -Secure Commitment (YDCs)
Appropriation (HB 75)
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, or convicted of an offense under Senate Bill 440.
TOTAL STATE FUNDS
$87,797,738 $87,797,738 $87,797,738
State General Funds
$87,797,738 $87,797,738 $87,797,738
TOTAL FEDERAL FUNDS
$2,035,102
$2,035,102
$2,035,102
Federal Funds Not Itemized
$2,035,102
$2,035,102
$2,035,102
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 PUBLIC FUNDS
$89,856,429 $89,856,429 $89,856,429
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
THURSDAY, FEBRUARY 19, 2015
863
their cases by juvenile courts or awaiting placement in one of the Department's treatment programs or facilities, or sentenced to the Short Term 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
$109,205,033 $109,205,033
$1,568,060 $1,568,060
$42,197 $42,197 $42,197 $110,815,290
$109,205,033 $109,205,033
$1,568,060 $1,568,060
$42,197 $42,197 $42,197 $110,815,290
$109,205,033 $109,205,033
$1,568,060 $1,568,060
$42,197 $42,197 $42,197 $110,815,290
214.1 Transfer funds from the Secure Detention (RYDCs) program to the Community Services program for Juvenile Justice Reform
initiatives.
State General Funds
($1,500,000) ($1,500,000) ($1,500,000)
214.100 -Secure Detention (RYDCs)
Appropriation (HB 75)
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, or sentenced to the
Short Term Program.
TOTAL STATE FUNDS
$107,705,033 $107,705,033 $107,705,033
State General Funds
$107,705,033 $107,705,033 $107,705,033
TOTAL FEDERAL FUNDS
$1,568,060
$1,568,060
$1,568,060
Federal Funds Not Itemized
$1,568,060
$1,568,060
$1,568,060
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 PUBLIC FUNDS
$109,315,290 $109,315,290 $109,315,290
864
JOURNAL OF THE HOUSE
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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Continuation
$12,692,804 $12,692,804
$12,692,804 $12,692,804
$122,923,864 $122,923,864
$122,923,864 $122,923,864
$140,273
$140,273
$140,273
$140,273
$140,273
$140,273
$1,069,666
$1,069,666
$1,069,666
$1,069,666
$1,069,666
$1,069,666
$136,826,607 $136,826,607
$12,692,804 $12,692,804 $122,923,864 $122,923,864
$140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $136,826,607
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 Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$12,692,804 $12,692,804 $122,923,864 $122,923,864
$140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $136,826,607
$12,692,804 $12,692,804 $122,923,864 $122,923,864
$140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $136,826,607
$12,692,804 $12,692,804 $122,923,864 $122,923,864
$140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $136,826,607
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
$1,600,435 $1,600,435
$1,600,435 $1,600,435
$1,600,435 $1,600,435
THURSDAY, FEBRUARY 19, 2015
865
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$31,312,292 $31,312,292
$140,273 $140,273 $140,273 $33,053,000
$31,312,292 $31,312,292
$140,273 $140,273 $140,273 $33,053,000
$31,312,292 $31,312,292
$140,273 $140,273 $140,273 $33,053,000
215.100 -Department of Labor Administration
Appropriation (HB 75)
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
$1,600,435
$1,600,435
$1,600,435
State General Funds
$1,600,435
$1,600,435
$1,600,435
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
$33,053,000 $33,053,000 $33,053,000
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 75)
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
866
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
$4,365,000 $4,365,000 $34,599,186 $34,599,186 $38,964,186
$4,365,000 $4,365,000 $34,599,186 $34,599,186 $38,964,186
$4,365,000 $4,365,000 $34,599,186 $34,599,186 $38,964,186
217.1 Transfer funds from the Unemployment Insurance program to the Workforce Solutions program for Regulation of Youth
Employment operations.
State General Funds
($201,439)
($201,439)
($201,439)
217.100 -Unemployment Insurance
Appropriation (HB 75)
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
$4,163,561
$4,163,561
$4,163,561
State General Funds
$4,163,561
$4,163,561
$4,163,561
TOTAL FEDERAL FUNDS
$34,599,186 $34,599,186 $34,599,186
Federal Funds Not Itemized
$34,599,186 $34,599,186 $34,599,186
TOTAL PUBLIC FUNDS
$38,762,747 $38,762,747 $38,762,747
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
$6,727,369 $6,727,369 $54,762,513
$6,727,369 $6,727,369 $54,762,513
$6,727,369 $6,727,369 $54,762,513
THURSDAY, FEBRUARY 19, 2015
867
Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$54,762,513 $1,069,666 $1,069,666 $1,069,666
$62,559,548
$54,762,513 $1,069,666 $1,069,666 $1,069,666
$62,559,548
$54,762,513 $1,069,666 $1,069,666 $1,069,666
$62,559,548
218.1 Transfer funds from the Unemployment Insurance program to the Workforce Solutions program for Regulation of Youth
Employment operations.
State General Funds
$201,439
$201,439
$201,439
218.100 -Workforce Solutions
Appropriation (HB 75)
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
$6,928,808
$6,928,808
$6,928,808
State General Funds
$6,928,808
$6,928,808
$6,928,808
TOTAL FEDERAL FUNDS
$54,762,513 $54,762,513 $54,762,513
Federal Funds Not Itemized
$54,762,513 $54,762,513 $54,762,513
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$1,069,666
$1,069,666
$1,069,666
Agency Funds Transfers
$1,069,666
$1,069,666
$1,069,666
Agency Fund Transfers Not Itemized
$1,069,666
$1,069,666
$1,069,666
TOTAL PUBLIC FUNDS
$62,760,987 $62,760,987 $62,760,987
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
Section Total - Continuation
$21,242,362 $21,242,362
$21,242,362 $21,242,362
$3,597,990
$3,597,990
$3,597,990
$3,597,990
$272,051
$272,051
$272,051
$272,051
$272,051
$272,051
$36,317,074 $36,317,074
$36,317,074 $36,317,074
$21,242,362 $21,242,362
$3,597,990 $3,597,990
$272,051 $272,051 $272,051 $36,317,074 $36,317,074
868
JOURNAL OF THE HOUSE
State Fund Transfers Not Itemized TOTAL PUBLIC FUNDS
$36,317,074 $61,429,477
$36,317,074 $61,429,477
$36,317,074 $61,429,477
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
Section Total - Final
$21,242,362 $21,242,362
$3,597,990 $3,597,990
$272,051 $272,051 $272,051 $36,317,074 $36,317,074 $36,317,074 $61,429,477
$21,242,362 $21,242,362
$3,597,990 $3,597,990
$272,051 $272,051 $272,051 $36,317,074 $36,317,074 $36,317,074 $61,429,477
$21,242,362 $21,242,362
$3,597,990 $3,597,990
$272,051 $272,051 $272,051 $36,317,074 $36,317,074 $36,317,074 $61,429,477
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
TOTAL PUBLIC FUNDS
$19,958,526 $19,958,526
$269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $56,545,540
$19,958,526 $19,958,526
$269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $56,545,540
$19,958,526 $19,958,526
$269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $56,545,540
THURSDAY, FEBRUARY 19, 2015
869
220.100 -Law, Department of
Appropriation (HB 75)
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
$19,958,526 $19,958,526 $19,958,526
State General Funds
$19,958,526 $19,958,526 $19,958,526
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
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$36,317,074 $36,317,074 $36,317,074
State Funds Transfers
$36,317,074 $36,317,074 $36,317,074
State Fund Transfers Not Itemized
$36,317,074 $36,317,074 $36,317,074
TOTAL PUBLIC FUNDS
$56,545,540 $56,545,540 $56,545,540
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
$1,283,836 $1,283,836 $3,597,990 $3,597,990
$2,111 $2,111 $2,111 $4,883,937
$1,283,836 $1,283,836 $3,597,990 $3,597,990
$2,111 $2,111 $2,111 $4,883,937
$1,283,836 $1,283,836 $3,597,990 $3,597,990
$2,111 $2,111 $2,111 $4,883,937
221.100 -Medicaid Fraud Control Unit
Appropriation (HB 75)
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
$1,283,836
$1,283,836
$1,283,836
State General Funds
$1,283,836
$1,283,836
$1,283,836
TOTAL FEDERAL FUNDS
$3,597,990
$3,597,990
$3,597,990
870
JOURNAL OF THE HOUSE
Federal Funds Not Itemized TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
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 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
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS
$3,597,990 $2,111 $2,111 $2,111
$4,883,937
$3,597,990 $2,111 $2,111 $2,111
$4,883,937
$3,597,990 $2,111 $2,111 $2,111
$4,883,937
Section Total - Continuation
$101,016,923 $101,016,923
$101,016,923 $101,016,923
$46,510,538 $46,510,538
$46,498,931 $46,498,931
$11,607
$11,607
$96,232,484 $96,232,484
$1,074,536
$1,074,536
$1,074,536
$1,074,536
$577,695
$577,695
$577,695
$577,695
$13,907
$13,907
$13,907
$13,907
$54,540
$54,540
$54,540
$54,540
$94,511,806 $94,511,806
$94,511,806 $94,511,806
$30,000
$30,000
$30,000
$30,000
$30,000
$30,000
$243,789,945 $243,789,945
$101,016,923 $101,016,923 $46,510,538 $46,498,931
$11,607 $96,232,484
$1,074,536 $1,074,536
$577,695 $577,695
$13,907 $13,907 $54,540 $54,540 $94,511,806 $94,511,806 $30,000 $30,000 $30,000 $243,789,945
Section Total - Final
$101,791,453 $101,791,453 $46,510,538
$101,791,453 $101,791,453 $46,510,538
$101,791,453 $101,791,453 $46,510,538
THURSDAY, FEBRUARY 19, 2015
871
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 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
$46,498,931 $11,607
$96,232,484 $1,074,536 $1,074,536 $577,695 $577,695 $13,907 $13,907 $54,540 $54,540
$94,511,806 $94,511,806
$30,000 $30,000 $30,000 $244,564,475
$46,498,931 $11,607
$96,232,484 $1,074,536 $1,074,536 $577,695 $577,695 $13,907 $13,907 $54,540 $54,540
$94,511,806 $94,511,806
$30,000 $30,000 $30,000 $244,564,475
$46,498,931 $11,607
$96,232,484 $1,074,536 $1,074,536 $577,695 $577,695 $13,907 $13,907 $54,540 $54,540
$94,511,806 $94,511,806
$30,000 $30,000 $30,000 $244,564,475
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
$2,100,911 $2,100,911 $5,054,621 $5,054,621
$107,925 $63,760 $63,760 $37,165
$2,100,911 $2,100,911 $5,054,621 $5,054,621
$107,925 $63,760 $63,760 $37,165
$2,100,911 $2,100,911 $5,054,621 $5,054,621
$107,925 $63,760 $63,760 $37,165
872
JOURNAL OF THE HOUSE
Royalties and Rents Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$37,165 $7,000 $7,000
$7,263,457
$37,165 $7,000 $7,000
$7,263,457
$37,165 $7,000 $7,000
$7,263,457
222.100 -Coastal Resources
Appropriation (HB 75)
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
$2,100,911
$2,100,911
$2,100,911
State General Funds
$2,100,911
$2,100,911
$2,100,911
TOTAL FEDERAL FUNDS
$5,054,621
$5,054,621
$5,054,621
Federal Funds Not Itemized
$5,054,621
$5,054,621
$5,054,621
TOTAL AGENCY FUNDS
$107,925
$107,925
$107,925
Contributions, Donations, and Forfeitures
$63,760
$63,760
$63,760
Contributions, Donations, and Forfeitures Not Itemized
$63,760
$63,760
$63,760
Royalties and Rents
$37,165
$37,165
$37,165
Royalties and Rents Not Itemized
$37,165
$37,165
$37,165
Sales and Services
$7,000
$7,000
$7,000
Sales and Services Not Itemized
$7,000
$7,000
$7,000
TOTAL PUBLIC FUNDS
$7,263,457
$7,263,457
$7,263,457
Departmental Administration
Continuation Budget
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 Sales and Services
$11,648,802 $11,648,802
$110,000 $110,000
$39,065 $39,065
$11,648,802 $11,648,802
$110,000 $110,000
$39,065 $39,065
$11,648,802 $11,648,802
$110,000 $110,000
$39,065 $39,065
THURSDAY, FEBRUARY 19, 2015
873
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$39,065 $11,797,867
$39,065 $11,797,867
$39,065 $11,797,867
223.100-Departmental Administration
Appropriation (HB 75)
The purpose of this appropriation is to provide administrative support for all programs of the department.
TOTAL STATE FUNDS
$11,648,802 $11,648,802 $11,648,802
State General Funds
$11,648,802 $11,648,802 $11,648,802
TOTAL FEDERAL FUNDS
$110,000
$110,000
$110,000
Federal Funds Not Itemized
$110,000
$110,000
$110,000
TOTAL AGENCY FUNDS
$39,065
$39,065
$39,065
Sales and Services
$39,065
$39,065
$39,065
Sales and Services Not Itemized
$39,065
$39,065
$39,065
TOTAL PUBLIC FUNDS
$11,797,867 $11,797,867 $11,797,867
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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized
$29,550,306 $29,550,306 $24,910,777 $24,910,777 $55,793,855
$551,768 $551,768
$29,550,306 $29,550,306 $24,910,777 $24,910,777 $55,793,855
$551,768 $551,768
$29,550,306 $29,550,306 $24,910,777 $24,910,777 $55,793,855
$551,768 $551,768
874
JOURNAL OF THE HOUSE
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$55,242,087 $55,242,087 $110,254,938
$55,242,087 $55,242,087 $110,254,938
$55,242,087 $55,242,087 $110,254,938
224.100-Environmental Protection
Appropriation (HB 75)
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
$29,550,306 $29,550,306 $29,550,306
State General Funds
$29,550,306 $29,550,306 $29,550,306
TOTAL FEDERAL FUNDS
$24,910,777 $24,910,777 $24,910,777
Federal Funds Not Itemized
$24,910,777 $24,910,777 $24,910,777
TOTAL AGENCY FUNDS
$55,793,855 $55,793,855 $55,793,855
Intergovernmental Transfers
$551,768
$551,768
$551,768
Intergovernmental Transfers Not Itemized
$551,768
$551,768
$551,768
Sales and Services
$55,242,087 $55,242,087 $55,242,087
Sales and Services Not Itemized
$55,242,087 $55,242,087 $55,242,087
TOTAL PUBLIC FUNDS
$110,254,938 $110,254,938 $110,254,938
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.
THURSDAY, FEBRUARY 19, 2015
875
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$4,027,423 $4,027,423 $4,027,423
$4,027,423 $4,027,423 $4,027,423
$4,027,423 $4,027,423 $4,027,423
225.100 -Hazardous Waste Trust Fund
Appropriation (HB 75)
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
$4,027,423
$4,027,423
$4,027,423
State General Funds
$4,027,423
$4,027,423
$4,027,423
TOTAL PUBLIC FUNDS
$4,027,423
$4,027,423
$4,027,423
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
$1,603,878 $1,603,878 $1,020,787 $1,009,180
$11,607 $2,624,665
$1,603,878 $1,603,878 $1,020,787 $1,009,180
$11,607 $2,624,665
$1,603,878 $1,603,878 $1,020,787 $1,009,180
$11,607 $2,624,665
226.100-Historic Preservation
Appropriation (HB 75)
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
$1,603,878
$1,603,878
$1,603,878
State General Funds
$1,603,878
$1,603,878
$1,603,878
TOTAL FEDERAL FUNDS
$1,020,787
$1,020,787
$1,020,787
876
JOURNAL OF THE HOUSE
Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS
$1,009,180 $11,607
$2,624,665
$1,009,180 $11,607
$2,624,665
$1,009,180 $11,607
$2,624,665
Law Enforcement
Continuation Budget
The purpose of this appropriation is to enforce all state and federal laws and departmental regulations relative to protecting
Georgia's wildlife, natural, archeological, and cultural resources, DNR properties, boating safety, and litter and waste laws; to teach
hunter and boater education classes; and to assist other law enforcement agencies upon request in providing public safety for the
citizens and visitors of Georgia.
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 PUBLIC FUNDS
$17,490,026 $17,490,026
$2,248,458 $2,248,458
$3,657 $3,657 $3,657 $19,742,141
$17,490,026 $17,490,026
$2,248,458 $2,248,458
$3,657 $3,657 $3,657 $19,742,141
$17,490,026 $17,490,026
$2,248,458 $2,248,458
$3,657 $3,657 $3,657 $19,742,141
227.1 Transfer funds, four positions, and four vacant positions from the Parks, Recreation and Historic Sites program to the Law
Enforcement program to continue the consolidation of law enforcement activities.
State General Funds
$161,098
$161,098
$161,098
227.100 -Law Enforcement
Appropriation (HB 75)
The purpose of this appropriation is to enforce all state and federal laws and departmental regulations relative to protecting
Georgia's wildlife, natural, archeological, and cultural resources, DNR properties, boating safety, and litter and waste laws; to teach
hunter and boater education classes; and to assist other law enforcement agencies upon request in providing public safety for the
citizens and visitors of Georgia.
TOTAL STATE FUNDS
$17,651,124 $17,651,124 $17,651,124
State General Funds
$17,651,124 $17,651,124 $17,651,124
TOTAL FEDERAL FUNDS
$2,248,458
$2,248,458
$2,248,458
Federal Funds Not Itemized
$2,248,458
$2,248,458
$2,248,458
TOTAL AGENCY FUNDS
$3,657
$3,657
$3,657
THURSDAY, FEBRUARY 19, 2015
877
Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS
$3,657 $3,657 $19,903,239
$3,657 $3,657 $19,903,239
$3,657 $3,657 $19,903,239
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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$14,710,117 $14,710,117
$1,704,029 $1,704,029 $31,619,991
$911,490 $911,490 $30,708,501 $30,708,501 $48,034,137
$14,710,117 $14,710,117
$1,704,029 $1,704,029 $31,619,991
$911,490 $911,490 $30,708,501 $30,708,501 $48,034,137
$14,710,117 $14,710,117
$1,704,029 $1,704,029 $31,619,991
$911,490 $911,490 $30,708,501 $30,708,501 $48,034,137
228.1 Transfer funds, four positions, and four vacant positions from the Parks, Recreation and Historic Sites program to the Law
Enforcement program to continue the consolidation of law enforcement activities.
State General Funds
($161,098)
($161,098)
($161,098)
228.100 -Parks, Recreation and Historic Sites
Appropriation (HB 75)
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
$14,549,019 $14,549,019 $14,549,019
State General Funds
$14,549,019 $14,549,019 $14,549,019
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
$31,619,991 $31,619,991 $31,619,991
Contributions, Donations, and Forfeitures
$911,490
$911,490
$911,490
Contributions, Donations, and Forfeitures Not Itemized
$911,490
$911,490
$911,490
878
JOURNAL OF THE HOUSE
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$30,708,501 $30,708,501 $47,873,039
$30,708,501 $30,708,501 $47,873,039
$30,708,501 $30,708,501 $47,873,039
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
$2,720,775 $2,720,775 $2,720,775
$2,720,775 $2,720,775 $2,720,775
$2,720,775 $2,720,775 $2,720,775
229.100 -Solid Waste Trust Fund
Appropriation (HB 75)
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
$2,720,775
$2,720,775
$2,720,775
State General Funds
$2,720,775
$2,720,775
$2,720,775
TOTAL PUBLIC FUNDS
$2,720,775
$2,720,775
$2,720,775
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 promulgate statewide hunting, fishing, trapping, and coastal
commercial fishing regulations; to operate the state's archery and shooting ranges; to license hunters and anglers; and to register
boats.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures
$17,164,685 $17,164,685 $11,461,866 $11,461,866
$8,667,991 $99,286
$17,164,685 $17,164,685 $11,461,866 $11,461,866
$8,667,991 $99,286
$17,164,685 $17,164,685 $11,461,866 $11,461,866
$8,667,991 $99,286
THURSDAY, FEBRUARY 19, 2015
879
Contributions, Donations, and Forfeitures 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 TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$99,286 $25,927 $25,927 $10,250 $10,250 $17,375 $17,375 $8,515,153 $8,515,153 $30,000 $30,000 $30,000 $37,324,542
$99,286 $25,927 $25,927 $10,250 $10,250 $17,375 $17,375 $8,515,153 $8,515,153 $30,000 $30,000 $30,000 $37,324,542
$99,286 $25,927 $25,927 $10,250 $10,250 $17,375 $17,375 $8,515,153 $8,515,153 $30,000 $30,000 $30,000 $37,324,542
230.1 Increase funds for the Wildlife Endowment Fund based on actual lifetime sportsman's license revenues in FY2014 and for
prior years.
State General Funds
$774,530
$774,530
$774,530
230.100 -Wildlife Resources
Appropriation (HB 75)
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 promulgate statewide hunting, fishing, trapping, and coastal
commercial fishing regulations; to operate the state's archery and shooting ranges; to license hunters and anglers; and to register
boats.
TOTAL STATE FUNDS
$17,939,215 $17,939,215 $17,939,215
State General Funds
$17,939,215 $17,939,215 $17,939,215
TOTAL FEDERAL FUNDS
$11,461,866 $11,461,866 $11,461,866
Federal Funds Not Itemized
$11,461,866 $11,461,866 $11,461,866
TOTAL AGENCY FUNDS
$8,667,991
$8,667,991
$8,667,991
Contributions, Donations, and Forfeitures
$99,286
$99,286
$99,286
Contributions, Donations, and Forfeitures Not Itemized
$99,286
$99,286
$99,286
Intergovernmental Transfers
$25,927
$25,927
$25,927
Intergovernmental Transfers Not Itemized
$25,927
$25,927
$25,927
Rebates, Refunds, and Reimbursements
$10,250
$10,250
$10,250
880
JOURNAL OF THE HOUSE
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
TOTAL PUBLIC FUNDS
$10,250 $17,375 $17,375 $8,515,153 $8,515,153 $30,000 $30,000 $30,000 $38,099,072
$10,250 $17,375 $17,375 $8,515,153 $8,515,153 $30,000 $30,000 $30,000 $38,099,072
$10,250 $17,375 $17,375 $8,515,153 $8,515,153 $30,000 $30,000 $30,000 $38,099,072
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.
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
$54,171,545 $54,171,545
$54,171,545 $54,171,545
$806,050
$806,050
$806,050
$806,050
$54,977,595 $54,977,595
$54,171,545 $54,171,545
$806,050 $806,050 $54,977,595
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$54,322,792 $54,322,792
$806,050 $806,050 $55,128,842
$54,322,792 $54,322,792
$806,050 $806,050 $55,128,842
$54,322,792 $54,322,792
$806,050 $806,050 $55,128,842
Board Administration The purpose of this appropriation is to provide administrative support for the agency.
Continuation Budget
THURSDAY, FEBRUARY 19, 2015
881
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$5,085,089 $5,085,089 $5,085,089
$5,085,089 $5,085,089 $5,085,089
$5,085,089 $5,085,089 $5,085,089
231.100 -Board Administration
The purpose of this appropriation is to provide administrative support for the agency.
TOTAL STATE FUNDS
$5,085,089
State General Funds
$5,085,089
TOTAL PUBLIC FUNDS
$5,085,089
Appropriation (HB 75)
$5,085,089 $5,085,089 $5,085,089
$5,085,089 $5,085,089 $5,085,089
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
$12,179,555 $12,179,555 $12,179,555
$12,179,555 $12,179,555 $12,179,555
$12,179,555 $12,179,555 $12,179,555
232.100 -Clemency Decisions
Appropriation (HB 75)
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
$12,179,555 $12,179,555 $12,179,555
State General Funds
$12,179,555 $12,179,555 $12,179,555
TOTAL PUBLIC FUNDS
$12,179,555 $12,179,555 $12,179,555
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.
882
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$36,434,405 $36,434,405
$806,050 $806,050 $37,240,455
$36,434,405 $36,434,405
$806,050 $806,050 $37,240,455
$36,434,405 $36,434,405
$806,050 $806,050 $37,240,455
233.1 Increase funds to provide intensive supervision at six targeted pilot sites as part of the Georgia Prison Reentry Initiative.
State General Funds
$116,783
$116,783
$116,783
233.2 Increase funds for personnel for one reentry housing coordinator position.
State General Funds
$34,464
$34,464
$34,464
233.100-Parole Supervision
Appropriation (HB 75)
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
$36,585,652 $36,585,652 $36,585,652
State General Funds
$36,585,652 $36,585,652 $36,585,652
TOTAL FEDERAL FUNDS
$806,050
$806,050
$806,050
Federal Funds Not Itemized
$806,050
$806,050
$806,050
TOTAL PUBLIC FUNDS
$37,391,702 $37,391,702 $37,391,702
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 for victims to the state corrections system.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$472,496 $472,496 $472,496
$472,496 $472,496 $472,496
$472,496 $472,496 $472,496
THURSDAY, FEBRUARY 19, 2015
883
234.100-Victim Services
Appropriation (HB 75)
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 STATE FUNDS
$472,496
$472,496
$472,496
State General Funds
$472,496
$472,496
$472,496
TOTAL PUBLIC FUNDS
$472,496
$472,496
$472,496
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
$50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000
$50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000
$50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000
Section Total - Final
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
$50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000
$50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000
$50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000
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.
884
JOURNAL OF THE HOUSE
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 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000
$0 $0 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000
$0 $0 $50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000
235.100-Properties Commission, State
Appropriation (HB 75)
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
$50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000
$50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000
$50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000
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
236.1 Reduce funds for payment to the Office of the State Treasurer from $845,934 to $595,934 to provide additional trooper
support for Capitol Police. (Total Funds: $595,934)(G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
THURSDAY, FEBRUARY 19, 2015
885
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
$42,672,664 $42,672,664
$42,672,664 $42,672,664
$340,000
$340,000
$340,000
$340,000
$340,000
$340,000
$43,012,664 $43,012,664
$42,672,664 $42,672,664
$340,000 $340,000 $340,000 $43,012,664
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
$46,957,226 $46,957,226
$340,000 $340,000 $340,000 $47,297,226
$46,957,226 $46,957,226
$340,000 $340,000 $340,000 $47,297,226
$46,957,226 $46,957,226
$340,000 $340,000 $340,000 $47,297,226
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
$6,564,859 $6,564,859
$340,000 $340,000 $340,000 $6,904,859
$6,564,859 $6,564,859
$340,000 $340,000 $340,000 $6,904,859
$6,564,859 $6,564,859
$340,000 $340,000 $340,000 $6,904,859
237.1 Increase funds for one-time funding for the replacement of aging computer equipment no longer supported by Microsoft.
State General Funds
$284,562
$284,562
$284,562
237.2 Transfer funds from the Governor's Emergency Fund program to the Public Defender Standards Council program for
contracts for capital conflict cases.
State General Funds
$375,000
$375,000
$375,000
886
JOURNAL OF THE HOUSE
237.100 -Public Defender Standards Council
Appropriation (HB 75)
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
$7,224,421
$7,224,421
$7,224,421
State General Funds
$7,224,421
$7,224,421
$7,224,421
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
$7,564,421
$7,564,421
$7,564,421
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
$36,107,805 $36,107,805 $36,107,805
$36,107,805 $36,107,805 $36,107,805
$36,107,805 $36,107,805 $36,107,805
238.1 Transfer funds from the Governor's Emergency Fund program to the Public Defenders program for contracts for conflict
cases.
State General Funds
$3,625,000
$3,625,000
$3,625,000
238.100 -Public Defenders
Appropriation (HB 75)
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
$39,732,805 $39,732,805 $39,732,805
State General Funds
$39,732,805 $39,732,805 $39,732,805
TOTAL PUBLIC FUNDS
$39,732,805 $39,732,805 $39,732,805
THURSDAY, FEBRUARY 19, 2015
887
Section 37: Public Health, Department of
Section Total - Continuation
TOTAL STATE FUNDS
$232,260,878 $232,260,878
State General Funds
$216,758,954 $216,758,954
Tobacco Settlement Funds
$13,717,860 $13,717,860
Brain & Spinal Injury Trust Fund
$1,784,064
$1,784,064
TOTAL FEDERAL FUNDS
$395,911,567 $395,911,567
Federal Funds Not Itemized
$366,238,853 $366,238,853
Maternal & Child Health Services Block Grant CFDA93.994
$16,864,606 $16,864,606
Preventive Health & Health Services Block Grant CFDA93.991
$2,403,579
$2,403,579
FFIND Temp. Assistance for Needy Families CFDA93.558
$10,404,529 $10,404,529
TOTAL AGENCY FUNDS
$9,700,967
$9,700,967
Contributions, Donations, and Forfeitures
$518,999
$518,999
Contributions, Donations, and Forfeitures Not Itemized
$518,999
$518,999
Rebates, Refunds, and Reimbursements
$8,149,702
$8,149,702
Rebates, Refunds, and Reimbursements Not Itemized
$8,149,702
$8,149,702
Sales and Services
$1,032,266
$1,032,266
Sales and Services Not Itemized
$1,032,266
$1,032,266
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$771,517
$771,517
State Funds Transfers
$581,000
$581,000
Agency to Agency Contracts
$581,000
$581,000
Federal Funds Indirect
$190,517
$190,517
FFIND Preventive Health & Health Services Block Grant CFDA93.991
$190,517
$190,517
TOTAL PUBLIC FUNDS
$638,644,929 $638,644,929
$232,260,878 $216,758,954 $13,717,860
$1,784,064 $395,911,567 $366,238,853 $16,864,606
$2,403,579 $10,404,529
$9,700,967 $518,999 $518,999
$8,149,702 $8,149,702 $1,032,266 $1,032,266
$771,517 $581,000 $581,000 $190,517 $190,517 $638,644,929
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
Section Total - Final
$232,912,775 $217,410,851 $13,717,860
$1,784,064 $395,911,567 $366,238,853 $16,864,606
$232,912,775 $217,410,851 $13,717,860
$1,784,064 $395,911,567 $366,238,853 $16,864,606
$232,912,775 $217,410,851 $13,717,860
$1,784,064 $395,911,567 $366,238,853 $16,864,606
888
JOURNAL OF THE HOUSE
Preventive Health & Health Services Block Grant CFDA93.991 FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures
Contributions, Donations, and Forfeitures 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
Federal Funds Indirect FFIND Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS
$2,403,579 $10,404,529
$9,700,967 $518,999 $518,999
$8,149,702 $8,149,702 $1,032,266 $1,032,266
$771,517 $581,000 $581,000 $190,517 $190,517 $639,296,826
$2,403,579 $10,404,529
$9,700,967 $518,999 $518,999
$8,149,702 $8,149,702 $1,032,266 $1,032,266
$771,517 $581,000 $581,000 $190,517 $190,517 $639,296,826
$2,403,579 $10,404,529
$9,700,967 $518,999 $518,999
$8,149,702 $8,149,702 $1,032,266 $1,032,266
$771,517 $581,000 $581,000 $190,517 $190,517 $639,296,826
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 FFIND Temp. Assistance for Needy Families CFDA93.558
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
$10,542,451 $3,685,272 $6,857,179
$19,467,781 $8,397,424 $516,828 $149,000
$10,404,529 $335,000 $335,000 $335,000 $410,000 $410,000
$10,542,451 $3,685,272 $6,857,179
$19,467,781 $8,397,424 $516,828 $149,000
$10,404,529 $335,000 $335,000 $335,000 $410,000 $410,000
$10,542,451 $3,685,272 $6,857,179
$19,467,781 $8,397,424 $516,828 $149,000
$10,404,529 $335,000 $335,000 $335,000 $410,000 $410,000
THURSDAY, FEBRUARY 19, 2015
889
Agency to Agency Contracts TOTAL PUBLIC FUNDS
$410,000 $30,755,232
$410,000 $30,755,232
$410,000 $30,755,232
239.1 Increase funds to replace the loss of federal funds. State General Funds
$651,897
$651,897
$651,897
239.100-Adolescent and Adult Health Promotion
Appropriation (HB 75)
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
$11,194,348 $11,194,348 $11,194,348
State General Funds
$4,337,169
$4,337,169
$4,337,169
Tobacco Settlement Funds
$6,857,179
$6,857,179
$6,857,179
TOTAL FEDERAL FUNDS
$19,467,781 $19,467,781 $19,467,781
Federal Funds Not Itemized
$8,397,424
$8,397,424
$8,397,424
Maternal & Child Health Services Block Grant CFDA93.994
$516,828
$516,828
$516,828
Preventive Health & Health Services Block Grant CFDA93.991
$149,000
$149,000
$149,000
FFIND Temp. Assistance for Needy Families CFDA93.558
$10,404,529 $10,404,529 $10,404,529
TOTAL AGENCY FUNDS
$335,000
$335,000
$335,000
Contributions, Donations, and Forfeitures
$335,000
$335,000
$335,000
Contributions, Donations, and Forfeitures Not Itemized
$335,000
$335,000
$335,000
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
$31,407,129 $31,407,129 $31,407,129
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
$6,613,249 $0
$6,613,249 $300,000
$6,613,249 $0
$6,613,249 $300,000
$6,613,249 $0
$6,613,249 $300,000
890
JOURNAL OF THE HOUSE
Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS
$300,000 $6,913,249
$300,000 $6,913,249
$300,000 $6,913,249
240.100 -Adult Essential Health Treatment Services
Appropriation (HB 75)
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
$6,613,249
$6,613,249
$6,613,249
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
$6,913,249
$6,913,249
$6,913,249
Departmental Administration
Continuation Budget
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 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Indirect FFIND Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS
$21,816,322 $21,684,527
$131,795 $8,312,856 $7,045,918 $1,266,938 $3,945,000 $3,500,000 $3,500,000
$445,000 $445,000 $190,517 $190,517 $190,517 $34,264,695
$21,816,322 $21,684,527
$131,795 $8,312,856 $7,045,918 $1,266,938 $3,945,000 $3,500,000 $3,500,000
$445,000 $445,000 $190,517 $190,517 $190,517 $34,264,695
$21,816,322 $21,684,527
$131,795 $8,312,856 $7,045,918 $1,266,938 $3,945,000 $3,500,000 $3,500,000
$445,000 $445,000 $190,517 $190,517 $190,517 $34,264,695
241.100-Departmental Administration
Appropriation (HB 75)
The purpose of this appropriation is to provide administrative support to all departmental programs.
THURSDAY, FEBRUARY 19, 2015
891
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Indirect FFIND Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS
$21,816,322 $21,684,527
$131,795 $8,312,856 $7,045,918 $1,266,938 $3,945,000 $3,500,000 $3,500,000
$445,000 $445,000 $190,517 $190,517 $190,517 $34,264,695
$21,816,322 $21,684,527
$131,795 $8,312,856 $7,045,918 $1,266,938 $3,945,000 $3,500,000 $3,500,000
$445,000 $445,000 $190,517 $190,517 $190,517 $34,264,695
$21,816,322 $21,684,527
$131,795 $8,312,856 $7,045,918 $1,266,938 $3,945,000 $3,500,000 $3,500,000
$445,000 $445,000 $190,517 $190,517 $190,517 $34,264,695
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 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
$2,531,764 $2,531,764 $23,675,473 $23,125,473
$350,000 $200,000
$976 $976 $976 $171,000 $171,000 $171,000 $26,379,213
$2,531,764 $2,531,764 $23,675,473 $23,125,473
$350,000 $200,000
$976 $976 $976 $171,000 $171,000 $171,000 $26,379,213
$2,531,764 $2,531,764 $23,675,473 $23,125,473
$350,000 $200,000
$976 $976 $976 $171,000 $171,000 $171,000 $26,379,213
892
JOURNAL OF THE HOUSE
242.100-Emergency Preparedness / Trauma System Improvement
Appropriation (HB 75)
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
$2,531,764
$2,531,764
$2,531,764
State General Funds
$2,531,764
$2,531,764
$2,531,764
TOTAL FEDERAL FUNDS
$23,675,473 $23,675,473 $23,675,473
Federal Funds Not Itemized
$23,125,473 $23,125,473 $23,125,473
Maternal & Child Health Services Block Grant CFDA93.994
$350,000
$350,000
$350,000
Preventive Health & Health Services Block Grant CFDA93.991
$200,000
$200,000
$200,000
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
$171,000
$171,000
$171,000
State Funds Transfers
$171,000
$171,000
$171,000
Agency to Agency Contracts
$171,000
$171,000
$171,000
TOTAL PUBLIC FUNDS
$26,379,213 $26,379,213 $26,379,213
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 Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$4,382,990 $4,267,353
$115,637 $6,749,343 $6,552,593
$196,750 $25,156 $25,156 $25,156
$11,157,489
$4,382,990 $4,267,353
$115,637 $6,749,343 $6,552,593
$196,750 $25,156 $25,156 $25,156
$11,157,489
$4,382,990 $4,267,353
$115,637 $6,749,343 $6,552,593
$196,750 $25,156 $25,156 $25,156
$11,157,489
243.100 -Epidemiology
Appropriation (HB 75)
The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern.
THURSDAY, FEBRUARY 19, 2015
893
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$4,382,990 $4,267,353
$115,637 $6,749,343 $6,552,593
$196,750 $25,156 $25,156 $25,156
$11,157,489
$4,382,990 $4,267,353
$115,637 $6,749,343 $6,552,593
$196,750 $25,156 $25,156 $25,156
$11,157,489
$4,382,990 $4,267,353
$115,637 $6,749,343 $6,552,593
$196,750 $25,156 $25,156 $25,156
$11,157,489
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 Federal Funds Not Itemized
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS
$2,520,627 $2,520,627 $2,061,486 $2,061,486 $4,649,702 $4,649,702 $4,649,702 $9,231,815
$2,520,627 $2,520,627 $2,061,486 $2,061,486 $4,649,702 $4,649,702 $4,649,702 $9,231,815
$2,520,627 $2,520,627 $2,061,486 $2,061,486 $4,649,702 $4,649,702 $4,649,702 $9,231,815
244.100 -Immunization
Appropriation (HB 75)
The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines, and technical assistance.
TOTAL STATE FUNDS
$2,520,627
$2,520,627
$2,520,627
State General Funds
$2,520,627
$2,520,627
$2,520,627
TOTAL FEDERAL FUNDS
$2,061,486
$2,061,486
$2,061,486
Federal Funds Not Itemized
$2,061,486
$2,061,486
$2,061,486
TOTAL AGENCY FUNDS
$4,649,702
$4,649,702
$4,649,702
Rebates, Refunds, and Reimbursements
$4,649,702
$4,649,702
$4,649,702
Rebates, Refunds, and Reimbursements Not Itemized
$4,649,702
$4,649,702
$4,649,702
TOTAL PUBLIC FUNDS
$9,231,815
$9,231,815
$9,231,815
894
JOURNAL OF THE HOUSE
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
$20,750,225 $20,750,225 $22,745,978 $14,008,298
$8,605,171 $132,509 $84,403 $84,403 $84,403
$43,580,606
$20,750,225 $20,750,225 $22,745,978 $14,008,298
$8,605,171 $132,509 $84,403 $84,403 $84,403
$43,580,606
$20,750,225 $20,750,225 $22,745,978 $14,008,298
$8,605,171 $132,509 $84,403 $84,403 $84,403
$43,580,606
245.100-Infant and Child Essential Health Treatment Services
Appropriation (HB 75)
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
$20,750,225 $20,750,225 $20,750,225
State General Funds
$20,750,225 $20,750,225 $20,750,225
TOTAL FEDERAL FUNDS
$22,745,978 $22,745,978 $22,745,978
Federal Funds Not Itemized
$14,008,298 $14,008,298 $14,008,298
Maternal & Child Health Services Block Grant CFDA93.994
$8,605,171
$8,605,171
$8,605,171
Preventive Health & Health Services Block Grant CFDA93.991
$132,509
$132,509
$132,509
TOTAL AGENCY FUNDS
$84,403
$84,403
$84,403
Contributions, Donations, and Forfeitures
$84,403
$84,403
$84,403
Contributions, Donations, and Forfeitures Not Itemized
$84,403
$84,403
$84,403
TOTAL PUBLIC FUNDS
$43,580,606 $43,580,606 $43,580,606
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.
THURSDAY, FEBRUARY 19, 2015
895
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS
$12,760,063 $12,760,063 $263,629,246 $256,236,639
$7,392,607 $86,587 $86,587 $86,587
$276,475,896
$12,760,063 $12,760,063 $263,629,246 $256,236,639
$7,392,607 $86,587 $86,587 $86,587
$276,475,896
$12,760,063 $12,760,063 $263,629,246 $256,236,639
$7,392,607 $86,587 $86,587 $86,587
$276,475,896
246.100-Infant and Child Health Promotion
Appropriation (HB 75)
The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children.
TOTAL STATE FUNDS
$12,760,063 $12,760,063 $12,760,063
State General Funds
$12,760,063 $12,760,063 $12,760,063
TOTAL FEDERAL FUNDS
$263,629,246 $263,629,246 $263,629,246
Federal Funds Not Itemized
$256,236,639 $256,236,639 $256,236,639
Maternal & Child Health Services Block Grant CFDA93.994
$7,392,607
$7,392,607
$7,392,607
TOTAL AGENCY FUNDS
$86,587
$86,587
$86,587
Contributions, Donations, and Forfeitures
$86,587
$86,587
$86,587
Contributions, Donations, and Forfeitures Not Itemized
$86,587
$86,587
$86,587
TOTAL PUBLIC FUNDS
$276,475,896 $276,475,896 $276,475,896
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 Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures
$31,510,791 $31,510,791 $47,927,661 $47,927,661
$13,009 $13,009
$31,510,791 $31,510,791 $47,927,661 $47,927,661
$13,009 $13,009
$31,510,791 $31,510,791 $47,927,661 $47,927,661
$13,009 $13,009
896
JOURNAL OF THE HOUSE
Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS
$13,009 $79,451,461
$13,009 $79,451,461
$13,009 $79,451,461
247.100 -Infectious Disease Control
Appropriation (HB 75)
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
$31,510,791 $31,510,791 $31,510,791
State General Funds
$31,510,791 $31,510,791 $31,510,791
TOTAL FEDERAL FUNDS
$47,927,661 $47,927,661 $47,927,661
Federal Funds Not Itemized
$47,927,661 $47,927,661 $47,927,661
TOTAL AGENCY FUNDS
$13,009
$13,009
$13,009
Contributions, Donations, and Forfeitures
$13,009
$13,009
$13,009
Contributions, Donations, and Forfeitures Not Itemized
$13,009
$13,009
$13,009
TOTAL PUBLIC FUNDS
$79,451,461 $79,451,461 $79,451,461
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, and swimming pools.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$3,714,938 $3,714,938
$511,063 $352,681 $158,382 $561,134 $561,134 $561,134 $4,787,135
$3,714,938 $3,714,938
$511,063 $352,681 $158,382 $561,134 $561,134 $561,134 $4,787,135
$3,714,938 $3,714,938
$511,063 $352,681 $158,382 $561,134 $561,134 $561,134 $4,787,135
248.100-Inspections and Environmental Hazard Control
Appropriation (HB 75)
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.
THURSDAY, FEBRUARY 19, 2015
897
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$3,714,938 $3,714,938
$511,063 $352,681 $158,382 $561,134 $561,134 $561,134 $4,787,135
$3,714,938 $3,714,938
$511,063 $352,681 $158,382 $561,134 $561,134 $561,134 $4,787,135
$3,714,938 $3,714,938
$511,063 $352,681 $158,382 $561,134 $561,134 $561,134 $4,787,135
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 PUBLIC FUNDS
$93,242,955 $93,242,955 $93,242,955
$93,242,955 $93,242,955 $93,242,955
$93,242,955 $93,242,955 $93,242,955
249.100 -Public Health Formula Grants to Counties
Appropriation (HB 75)
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
$93,242,955 $93,242,955 $93,242,955
State General Funds
$93,242,955 $93,242,955 $93,242,955
TOTAL PUBLIC FUNDS
$93,242,955 $93,242,955 $93,242,955
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
$3,729,971 $3,729,971
$530,680 $530,680 $4,260,651
$3,729,971 $3,729,971
$530,680 $530,680 $4,260,651
$3,729,971 $3,729,971
$530,680 $530,680 $4,260,651
898
JOURNAL OF THE HOUSE
250.100 -Vital Records
Appropriation (HB 75)
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
$3,729,971
$3,729,971
$3,729,971
State General Funds
$3,729,971
$3,729,971
$3,729,971
TOTAL FEDERAL FUNDS
$530,680
$530,680
$530,680
Federal Funds Not Itemized
$530,680
$530,680
$530,680
TOTAL PUBLIC FUNDS
$4,260,651
$4,260,651
$4,260,651
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
$1,784,064 $0
$1,784,064 $1,784,064
$1,784,064 $0
$1,784,064 $1,784,064
$1,784,064 $0
$1,784,064 $1,784,064
251.100 -Brain and Spinal Injury Trust Fund
Appropriation (HB 75)
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
$1,784,064
$1,784,064
$1,784,064
Brain & Spinal Injury Trust Fund
$1,784,064
$1,784,064
$1,784,064
TOTAL PUBLIC FUNDS
$1,784,064
$1,784,064
$1,784,064
Georgia Trauma Care Network Commission
Continuation Budget
The purpose of this appropriation is to establish, maintain, and administer a trauma center network, to coordinate the best use of
existing trauma facilities and to direct patients to the best available facility for treatment of traumatic injury and participate in the
accountability mechanism for the entire Georgia trauma system, primarily overseeing the flow of funds for system improvement.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$16,360,468 $16,360,468 $16,360,468
$16,360,468 $16,360,468 $16,360,468
$16,360,468 $16,360,468 $16,360,468
THURSDAY, FEBRUARY 19, 2015
899
252.100-Georgia Trauma Care Network Commission
Appropriation (HB 75)
The purpose of this appropriation is to establish, maintain, and administer a trauma center network, to coordinate the best use of
existing trauma facilities and to direct patients to the best available facility for treatment of traumatic injury and participate in the
accountability mechanism for the entire Georgia trauma system, primarily overseeing the flow of funds for system improvement.
TOTAL STATE FUNDS
$16,360,468 $16,360,468 $16,360,468
State General Funds
$16,360,468 $16,360,468 $16,360,468
TOTAL PUBLIC FUNDS
$16,360,468 $16,360,468 $16,360,468
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 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 - Continuation
$130,656,876 $130,656,876
$130,656,876 $130,656,876
$24,245,725 $24,245,725
$24,245,725 $24,245,725
$45,092,735 $45,092,735
$26,519,089 $26,519,089
$26,519,089 $26,519,089
$17,773,646 $17,773,646
$17,773,646 $17,773,646
$800,000
$800,000
$800,000
$800,000
$331,585
$331,585
$331,585
$331,585
$331,585
$331,585
$200,326,921 $200,326,921
$130,656,876 $130,656,876 $24,245,725 $24,245,725 $45,092,735 $26,519,089 $26,519,089 $17,773,646 $17,773,646
$800,000 $800,000 $331,585 $331,585 $331,585 $200,326,921
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers
Section Total - Final
$136,671,136 $136,671,136 $24,245,725 $24,245,725 $45,092,735 $26,519,089
$136,671,136 $136,671,136 $24,245,725 $24,245,725 $45,092,735 $26,519,089
$136,671,136 $136,671,136 $24,245,725 $24,245,725 $45,092,735 $26,519,089
900
JOURNAL OF THE HOUSE
Intergovernmental Transfers 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
$26,519,089 $17,773,646 $17,773,646
$800,000 $800,000 $331,585 $331,585 $331,585 $206,341,181
$26,519,089 $17,773,646 $17,773,646
$800,000 $800,000 $331,585 $331,585 $331,585 $206,341,181
$26,519,089 $17,773,646 $17,773,646
$800,000 $800,000 $331,585 $331,585 $331,585 $206,341,181
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
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
$3,898,799 $3,898,799
$243,034 $243,034 $7,100,000 $7,000,000 $7,000,000 $100,000 $100,000 $11,241,833
$3,898,799 $3,898,799
$243,034 $243,034 $7,100,000 $7,000,000 $7,000,000 $100,000 $100,000 $11,241,833
$3,898,799 $3,898,799
$243,034 $243,034 $7,100,000 $7,000,000 $7,000,000 $100,000 $100,000 $11,241,833
253.100 -Aviation
Appropriation (HB 75)
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
transport, and to support local and federal agencies in public safety efforts with aerial surveillance and observation.
TOTAL STATE FUNDS
$3,898,799
$3,898,799
$3,898,799
State General Funds
$3,898,799
$3,898,799
$3,898,799
TOTAL FEDERAL FUNDS
$243,034
$243,034
$243,034
THURSDAY, FEBRUARY 19, 2015
901
Federal Funds Not Itemized TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$243,034 $7,100,000 $7,000,000 $7,000,000
$100,000 $100,000 $11,241,833
$243,034 $7,100,000 $7,000,000 $7,000,000
$100,000 $100,000 $11,241,833
$243,034 $7,100,000 $7,000,000 $7,000,000
$100,000 $100,000 $11,241,833
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
254.100 -Capitol Police Services
Appropriation (HB 75)
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.
902
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
$8,483,941 $8,483,941
$141,571 $141,571
$3,510 $3,510 $3,510 $8,629,022
$8,483,941 $8,483,941
$141,571 $141,571
$3,510 $3,510 $3,510 $8,629,022
$8,483,941 $8,483,941
$141,571 $141,571
$3,510 $3,510 $3,510 $8,629,022
255.100-Departmental Administration
Appropriation (HB 75)
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
$8,483,941
$8,483,941
$8,483,941
State General Funds
$8,483,941
$8,483,941
$8,483,941
TOTAL FEDERAL FUNDS
$141,571
$141,571
$141,571
Federal Funds Not Itemized
$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
$8,629,022
$8,629,022
$8,629,022
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
$89,881,107 $89,881,107
$2,611,501 $2,611,501 $14,257,745 $13,407,745
$89,881,107 $89,881,107
$2,611,501 $2,611,501 $14,257,745 $13,407,745
$89,881,107 $89,881,107
$2,611,501 $2,611,501 $14,257,745 $13,407,745
THURSDAY, FEBRUARY 19, 2015
903
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
$13,407,745 $50,000 $50,000
$800,000 $800,000 $106,750,353
$13,407,745 $50,000 $50,000
$800,000 $800,000 $106,750,353
$13,407,745 $50,000 $50,000
$800,000 $800,000 $106,750,353
256.1 Increase funds for personnel and operations to meet projected expenditures.
State General Funds
$3,183,005
$3,183,005
$3,183,005
256.100-Field Offices and Services
Appropriation (HB 75)
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
$93,064,112 $93,064,112 $93,064,112
State General Funds
$93,064,112 $93,064,112 $93,064,112
TOTAL FEDERAL FUNDS
$2,611,501
$2,611,501
$2,611,501
Federal Funds Not Itemized
$2,611,501
$2,611,501
$2,611,501
TOTAL AGENCY FUNDS
$14,257,745 $14,257,745 $14,257,745
Intergovernmental Transfers
$13,407,745 $13,407,745 $13,407,745
Intergovernmental Transfers Not Itemized
$13,407,745 $13,407,745 $13,407,745
Sales and Services
$50,000
$50,000
$50,000
Sales and Services Not Itemized
$50,000
$50,000
$50,000
Sanctions, Fines, and Penalties
$800,000
$800,000
$800,000
Sanctions, Fines, and Penalties Not Itemized
$800,000
$800,000
$800,000
TOTAL PUBLIC FUNDS
$109,933,358 $109,933,358 $109,933,358
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.
904
JOURNAL OF THE HOUSE
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
$9,913,578 $9,913,578 $2,591,061 $2,591,061 $8,843,759
$455,956 $455,956 $8,387,803 $8,387,803 $21,348,398
$9,913,578 $9,913,578 $2,591,061 $2,591,061 $8,843,759
$455,956 $455,956 $8,387,803 $8,387,803 $21,348,398
$9,913,578 $9,913,578 $2,591,061 $2,591,061 $8,843,759
$455,956 $455,956 $8,387,803 $8,387,803 $21,348,398
257.100-Motor Carrier Compliance
Appropriation (HB 75)
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
$9,913,578
$9,913,578
$9,913,578
State General Funds
$9,913,578
$9,913,578
$9,913,578
TOTAL FEDERAL FUNDS
$2,591,061
$2,591,061
$2,591,061
Federal Funds Not Itemized
$2,591,061
$2,591,061
$2,591,061
TOTAL AGENCY FUNDS
$8,843,759
$8,843,759
$8,843,759
Intergovernmental Transfers
$455,956
$455,956
$455,956
Intergovernmental Transfers Not Itemized
$455,956
$455,956
$455,956
Sales and Services
$8,387,803
$8,387,803
$8,387,803
Sales and Services Not Itemized
$8,387,803
$8,387,803
$8,387,803
TOTAL PUBLIC FUNDS
$21,348,398 $21,348,398 $21,348,398
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.
THURSDAY, FEBRUARY 19, 2015
905
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$1,568,965 $1,568,965 $1,568,965
$1,568,965 $1,568,965 $1,568,965
$1,568,965 $1,568,965 $1,568,965
258.100 -Troop J Specialty Units
Appropriation (HB 75)
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
$1,568,965
$1,568,965
$1,568,965
State General Funds
$1,568,965
$1,568,965
$1,568,965
TOTAL PUBLIC FUNDS
$1,568,965
$1,568,965
$1,568,965
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 firefighters.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$679,657 $679,657 $679,657
$679,657 $679,657 $679,657
$679,657 $679,657 $679,657
259.100-Firefighter Standards and Training Council, Georgia
Appropriation (HB 75)
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 STATE FUNDS
$679,657
$679,657
$679,657
State General Funds
$679,657
$679,657
$679,657
TOTAL PUBLIC FUNDS
$679,657
$679,657
$679,657
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.
906
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
$3,483,719 $3,483,719 $17,358,120 $17,358,120
$337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,378,121
$3,483,719 $3,483,719 $17,358,120 $17,358,120
$337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,378,121
$3,483,719 $3,483,719 $17,358,120 $17,358,120
$337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,378,121
260.1 Increase funds based on prior year's collections for driver education and training in accordance with Joshua's Law SB231
(2013 Session).
State General Funds
$2,751,255
$2,751,255
$2,751,255
260.100 -Highway Safety, Office of
Appropriation (HB 75)
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
$6,234,974
$6,234,974
$6,234,974
State General Funds
$6,234,974
$6,234,974
$6,234,974
TOTAL FEDERAL FUNDS
$17,358,120 $17,358,120 $17,358,120
Federal Funds Not Itemized
$17,358,120 $17,358,120 $17,358,120
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
$199,180
$199,180
$199,180
State Funds Transfers
$199,180
$199,180
$199,180
Agency to Agency Contracts
$199,180
$199,180
$199,180
TOTAL PUBLIC FUNDS
$24,129,376 $24,129,376 $24,129,376
THURSDAY, FEBRUARY 19, 2015
907
Peace Officer Standards and Training Council, Georgia
Continuation Budget
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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$1,860,222 $1,860,222
$558,051 $558,051 $558,051 $2,418,273
$1,860,222 $1,860,222
$558,051 $558,051 $558,051 $2,418,273
$1,860,222 $1,860,222
$558,051 $558,051 $558,051 $2,418,273
261.1 Increase funds for operations to meet projected expenditures. State General Funds
$80,000
$80,000
$80,000
261.100 -Peace Officer Standards and Training Council, Georgia
Appropriation (HB 75)
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 STATE FUNDS
$1,940,222
$1,940,222
$1,940,222
State General Funds
$1,940,222
$1,940,222
$1,940,222
TOTAL AGENCY FUNDS
$558,051
$558,051
$558,051
Sales and Services
$558,051
$558,051
$558,051
Sales and Services Not Itemized
$558,051
$558,051
$558,051
TOTAL PUBLIC FUNDS
$2,498,273
$2,498,273
$2,498,273
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.
908
JOURNAL OF THE HOUSE
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
$10,886,888 $10,886,888
$1,300,438 $1,300,438 $6,620,069 $5,655,388 $5,655,388
$964,681 $964,681 $132,405 $132,405 $132,405 $18,939,800
$10,886,888 $10,886,888
$1,300,438 $1,300,438 $6,620,069 $5,655,388 $5,655,388
$964,681 $964,681 $132,405 $132,405 $132,405 $18,939,800
$10,886,888 $10,886,888
$1,300,438 $1,300,438 $6,620,069 $5,655,388 $5,655,388
$964,681 $964,681 $132,405 $132,405 $132,405 $18,939,800
262.100-Public Safety Training Center, Georgia
Appropriation (HB 75)
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
$10,886,888 $10,886,888 $10,886,888
State General Funds
$10,886,888 $10,886,888 $10,886,888
TOTAL FEDERAL FUNDS
$1,300,438
$1,300,438
$1,300,438
Federal Funds Not Itemized
$1,300,438
$1,300,438
$1,300,438
TOTAL AGENCY FUNDS
$6,620,069
$6,620,069
$6,620,069
Intergovernmental Transfers
$5,655,388
$5,655,388
$5,655,388
Intergovernmental Transfers Not Itemized
$5,655,388
$5,655,388
$5,655,388
Sales and Services
$964,681
$964,681
$964,681
Sales and Services Not Itemized
$964,681
$964,681
$964,681
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$132,405
$132,405
$132,405
State Funds Transfers
$132,405
$132,405
$132,405
Agency to Agency Contracts
$132,405
$132,405
$132,405
TOTAL PUBLIC FUNDS
$18,939,800 $18,939,800 $18,939,800
THURSDAY, FEBRUARY 19, 2015
909
Section 39: Public Service Commission
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Continuation
$8,056,996
$8,056,996
$8,056,996
$8,056,996
$1,343,100
$1,343,100
$1,343,100
$1,343,100
$9,400,096
$9,400,096
$8,056,996 $8,056,996 $1,343,100 $1,343,100 $9,400,096
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$8,056,996 $8,056,996 $1,343,100 $1,343,100 $9,400,096
$8,132,763 $8,132,763 $1,343,100 $1,343,100 $9,475,863
$8,117,763 $8,117,763 $1,343,100 $1,343,100 $9,460,863
Commission Administration
Continuation Budget
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 Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$1,167,057 $1,167,057
$83,500 $83,500 $1,250,557
$1,167,057 $1,167,057
$83,500 $83,500 $1,250,557
$1,167,057 $1,167,057
$83,500 $83,500 $1,250,557
263.1 Increase funds for aging and outdated hardware for information technology infrastructure. State General Funds
$30,767
$30,767
263.100-Commission Administration
Appropriation (HB 75)
The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals.
TOTAL STATE FUNDS
$1,167,057
$1,197,824
$1,197,824
State General Funds
$1,167,057
$1,197,824
$1,197,824
TOTAL FEDERAL FUNDS
$83,500
$83,500
$83,500
910
JOURNAL OF THE HOUSE
Federal Funds Not Itemized TOTAL PUBLIC FUNDS
$83,500 $1,250,557
$83,500 $1,281,324
$83,500 $1,281,324
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
$1,008,888 $1,008,888 $1,231,100 $1,231,100 $2,239,988
$1,008,888 $1,008,888 $1,231,100 $1,231,100 $2,239,988
$1,008,888 $1,008,888 $1,231,100 $1,231,100 $2,239,988
264.100-Facility Protection
Appropriation (HB 75)
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
$1,008,888
$1,008,888
$1,008,888
State General Funds
$1,008,888
$1,008,888
$1,008,888
TOTAL FEDERAL FUNDS
$1,231,100
$1,231,100
$1,231,100
Federal Funds Not Itemized
$1,231,100
$1,231,100
$1,231,100
TOTAL PUBLIC FUNDS
$2,239,988
$2,239,988
$2,239,988
Utilities Regulation
Continuation Budget
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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$5,881,051 $5,881,051
$28,500 $28,500 $5,909,551
$5,881,051 $5,881,051
$28,500 $28,500 $5,909,551
$5,881,051 $5,881,051
$28,500 $28,500 $5,909,551
THURSDAY, FEBRUARY 19, 2015
911
265.1 Increase funds for personnel for one cost review analyst for the Plant Vogtle project. State General Funds
$45,000
$30,000
265.100 -Utilities Regulation
Appropriation (HB 75)
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
$5,881,051
$5,926,051
$5,911,051
State General Funds
$5,881,051
$5,926,051
$5,911,051
TOTAL FEDERAL FUNDS
$28,500
$28,500
$28,500
Federal Funds Not Itemized
$28,500
$28,500
$28,500
TOTAL PUBLIC FUNDS
$5,909,551
$5,954,551
$5,939,551
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 Record Center Storage Fees Sales and Services Not Itemized Tuition and Fees for Higher Education
TOTAL PUBLIC FUNDS
Section Total - Continuation
$1,939,087,764 $1,939,087,764
$1,939,087,764 $1,939,087,764
$4,767,772,976 $4,767,772,976
$4,859,226
$4,859,226
$4,859,226
$4,859,226
$2,151,268,018 $2,151,268,018
$2,012,046,274 $2,012,046,274
$139,221,744 $139,221,744
$239,280,835 $239,280,835
$239,280,835 $239,280,835
$2,372,364,897 $2,372,364,897
$592,381
$592,381
$556,232,969 $556,232,969
$1,815,539,547 $1,815,539,547
$6,706,860,740 $6,706,860,740
$1,939,087,764 $1,939,087,764 $4,767,772,976
$4,859,226 $4,859,226 $2,151,268,018 $2,012,046,274 $139,221,744 $239,280,835 $239,280,835 $2,372,364,897
$592,381 $556,232,969 $1,815,539,547 $6,706,860,740
Section Total - Final
912
JOURNAL OF THE HOUSE
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 Sales and Services Not Itemized Tuition and Fees for Higher Education
TOTAL PUBLIC FUNDS
$1,944,489,217 $1,944,489,217 $4,767,772,976
$4,859,226 $4,859,226 $2,151,268,018 $2,012,046,274 $139,221,744 $239,280,835 $239,280,835 $2,372,364,897
$592,381 $556,232,969 $1,815,539,547 $6,712,262,193
$1,944,489,217 $1,944,489,217 $4,767,772,976
$4,859,226 $4,859,226 $2,151,268,018 $2,012,046,274 $139,221,744 $239,280,835 $239,280,835 $2,372,364,897
$592,381 $556,232,969 $1,815,539,547 $6,712,262,193
$1,944,489,217 $1,944,489,217 $4,767,772,976
$4,859,226 $4,859,226 $2,151,268,018 $2,012,046,274 $139,221,744 $239,280,835 $239,280,835 $2,372,364,897
$592,381 $556,232,969 $1,815,539,547 $6,712,262,193
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
$36,858,936 $36,858,936 $37,552,919 $22,000,000 $22,000,000
$9,552,919 $9,552,919 $6,000,000 $6,000,000 $74,411,855
$36,858,936 $36,858,936 $37,552,919 $22,000,000 $22,000,000
$9,552,919 $9,552,919 $6,000,000 $6,000,000 $74,411,855
$36,858,936 $36,858,936 $37,552,919 $22,000,000 $22,000,000
$9,552,919 $9,552,919 $6,000,000 $6,000,000 $74,411,855
THURSDAY, FEBRUARY 19, 2015
913
266.100-Agricultural Experiment Station
Appropriation (HB 75)
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
$36,858,936 $36,858,936 $36,858,936
State General Funds
$36,858,936 $36,858,936 $36,858,936
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
Rebates, Refunds, and Reimbursements
$9,552,919
$9,552,919
$9,552,919
Rebates, Refunds, and Reimbursements Not Itemized
$9,552,919
$9,552,919
$9,552,919
Sales and Services
$6,000,000
$6,000,000
$6,000,000
Sales and Services Not Itemized
$6,000,000
$6,000,000
$6,000,000
TOTAL PUBLIC FUNDS
$74,411,855 $74,411,855 $74,411,855
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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$0 $0 $5,785,273 $375,000 $375,000 $5,410,273 $5,410,273 $5,785,273
$0 $0 $5,785,273 $375,000 $375,000 $5,410,273 $5,410,273 $5,785,273
$0 $0 $5,785,273 $375,000 $375,000 $5,410,273 $5,410,273 $5,785,273
267.100 -Athens and Tifton Veterinary Laboratories
Appropriation (HB 75)
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
$5,785,273 $375,000
$5,785,273 $375,000
$5,785,273 $375,000
914
JOURNAL OF THE HOUSE
University System of Georgia Research Funds Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$375,000 $5,410,273 $5,410,273 $5,785,273
$375,000 $5,410,273 $5,410,273 $5,785,273
$375,000 $5,410,273 $5,410,273 $5,785,273
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
$30,465,088 $30,465,088 $25,083,929
$3,750,000 $3,750,000 $7,606,177 $7,606,177 $13,727,752 $13,727,752 $55,549,017
$30,465,088 $30,465,088 $25,083,929
$3,750,000 $3,750,000 $7,606,177 $7,606,177 $13,727,752 $13,727,752 $55,549,017
$30,465,088 $30,465,088 $25,083,929
$3,750,000 $3,750,000 $7,606,177 $7,606,177 $13,727,752 $13,727,752 $55,549,017
268.100 -Cooperative Extension Service
Appropriation (HB 75)
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
$30,465,088 $30,465,088 $30,465,088
State General Funds
$30,465,088 $30,465,088 $30,465,088
TOTAL AGENCY FUNDS
$25,083,929 $25,083,929 $25,083,929
Intergovernmental Transfers
$3,750,000
$3,750,000
$3,750,000
University System of Georgia Research Funds
$3,750,000
$3,750,000
$3,750,000
Rebates, Refunds, and Reimbursements
$7,606,177
$7,606,177
$7,606,177
Rebates, Refunds, and Reimbursements Not Itemized
$7,606,177
$7,606,177
$7,606,177
Sales and Services
$13,727,752 $13,727,752 $13,727,752
Sales and Services Not Itemized
$13,727,752 $13,727,752 $13,727,752
TOTAL PUBLIC FUNDS
$55,549,017 $55,549,017 $55,549,017
THURSDAY, FEBRUARY 19, 2015
915
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
$7,274,703 $7,274,703 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,749,703
$7,274,703 $7,274,703 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,749,703
$7,274,703 $7,274,703 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,749,703
269.100 -Enterprise Innovation Institute
Appropriation (HB 75)
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
$7,274,703
$7,274,703
$7,274,703
State General Funds
$7,274,703
$7,274,703
$7,274,703
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
$17,749,703 $17,749,703 $17,749,703
916
JOURNAL OF THE HOUSE
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
$502,941 $502,941 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,929
$502,941 $502,941 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,929
$502,941 $502,941 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,929
270.100-Forestry Cooperative Extension
Appropriation (HB 75)
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
$502,941
$502,941
$502,941
State General Funds
$502,941
$502,941
$502,941
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
$1,078,929
$1,078,929
$1,078,929
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
$2,651,747 $2,651,747 $10,250,426 $9,000,000
$2,651,747 $2,651,747 $10,250,426 $9,000,000
$2,651,747 $2,651,747 $10,250,426 $9,000,000
THURSDAY, FEBRUARY 19, 2015
917
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
$9,000,000 $590,634 $590,634 $659,792 $659,792
$12,902,173
$9,000,000 $590,634 $590,634 $659,792 $659,792
$12,902,173
$9,000,000 $590,634 $590,634 $659,792 $659,792
$12,902,173
271.100-Forestry Research
Appropriation (HB 75)
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
$2,651,747
$2,651,747
$2,651,747
State General Funds
$2,651,747
$2,651,747
$2,651,747
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
$12,902,173 $12,902,173 $12,902,173
Georgia Archives
Continuation Budget
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 State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Record Center Storage Fees
$4,627,469 $4,627,469
$689,281 $21,900 $21,900
$667,381 $592,381
$4,627,469 $4,627,469
$689,281 $21,900 $21,900
$667,381 $592,381
$4,627,469 $4,627,469
$689,281 $21,900 $21,900
$667,381 $592,381
918
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$75,000 $5,316,750
$75,000 $5,316,750
$75,000 $5,316,750
272.100-Georgia Archives
Appropriation (HB 75)
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
$4,627,469
$4,627,469
$4,627,469
State General Funds
$4,627,469
$4,627,469
$4,627,469
TOTAL AGENCY FUNDS
$689,281
$689,281
$689,281
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
$667,381
$667,381
$667,381
Record Center Storage Fees
$592,381
$592,381
$592,381
Sales and Services Not Itemized
$75,000
$75,000
$75,000
TOTAL PUBLIC FUNDS
$5,316,750
$5,316,750
$5,316,750
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 $4,837,326 $4,837,326 $4,837,326 $4,837,326
$0 $0 $4,837,326 $4,837,326 $4,837,326 $4,837,326
$0 $0 $4,837,326 $4,837,326 $4,837,326 $4,837,326
273.100-Georgia Radiation Therapy Center
Appropriation (HB 75)
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
$4,837,326
$4,837,326
$4,837,326
THURSDAY, FEBRUARY 19, 2015
919
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS
$4,837,326 $4,837,326 $4,837,326
$4,837,326 $4,837,326 $4,837,326
$4,837,326 $4,837,326 $4,837,326
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
$5,629,947 $5,629,947 $314,011,962 $208,042,709 $208,042,709 $92,254,140 $92,254,140 $13,715,113 $13,715,113 $319,641,909
$5,629,947 $5,629,947 $314,011,962 $208,042,709 $208,042,709 $92,254,140 $92,254,140 $13,715,113 $13,715,113 $319,641,909
$5,629,947 $5,629,947 $314,011,962 $208,042,709 $208,042,709 $92,254,140 $92,254,140 $13,715,113 $13,715,113 $319,641,909
274.100-Georgia Tech Research Institute
Appropriation (HB 75)
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
$5,629,947
$5,629,947
$5,629,947
State General Funds
$5,629,947
$5,629,947
$5,629,947
TOTAL AGENCY FUNDS
$314,011,962 $314,011,962 $314,011,962
Intergovernmental Transfers
$208,042,709 $208,042,709 $208,042,709
University System of Georgia Research Funds
$208,042,709 $208,042,709 $208,042,709
Rebates, Refunds, and Reimbursements
$92,254,140 $92,254,140 $92,254,140
Rebates, Refunds, and Reimbursements Not Itemized
$92,254,140 $92,254,140 $92,254,140
Sales and Services
$13,715,113 $13,715,113 $13,715,113
920
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$13,715,113 $13,715,113 $13,715,113 $319,641,909 $319,641,909 $319,641,909
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
$728,632 $728,632 $486,281 $367,648 $367,648 $118,633 $118,633 $1,214,913
$728,632 $728,632 $486,281 $367,648 $367,648 $118,633 $118,633 $1,214,913
$728,632 $728,632 $486,281 $367,648 $367,648 $118,633 $118,633 $1,214,913
275.100 -Marine Institute
Appropriation (HB 75)
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
$728,632
$728,632
$728,632
State General Funds
$728,632
$728,632
$728,632
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
$1,214,913
$1,214,913
$1,214,913
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.
THURSDAY, FEBRUARY 19, 2015
921
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
$1,214,511 $1,214,511 $1,345,529
$600,000 $600,000
$90,000 $90,000 $655,529 $655,529 $2,560,040
$1,214,511 $1,214,511 $1,345,529
$600,000 $600,000
$90,000 $90,000 $655,529 $655,529 $2,560,040
$1,214,511 $1,214,511 $1,345,529
$600,000 $600,000
$90,000 $90,000 $655,529 $655,529 $2,560,040
276.100 -Marine Resources Extension Center
Appropriation (HB 75)
The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic
sustainability.
TOTAL STATE FUNDS
$1,214,511
$1,214,511
$1,214,511
State General Funds
$1,214,511
$1,214,511
$1,214,511
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
$2,560,040
$2,560,040
$2,560,040
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
$28,569,119 $28,569,119 $28,569,119
$28,569,119 $28,569,119 $28,569,119
$28,569,119 $28,569,119 $28,569,119
922
JOURNAL OF THE HOUSE
277.100 -Medical College of Georgia Hospital and Clinics
Appropriation (HB 75)
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
$28,569,119 $28,569,119 $28,569,119
State General Funds
$28,569,119 $28,569,119 $28,569,119
TOTAL PUBLIC FUNDS
$28,569,119 $28,569,119 $28,569,119
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
$32,310,084 $32,310,084
$5,222,400 $5,222,400 $5,222,400 $37,532,484
$32,310,084 $32,310,084
$5,222,400 $5,222,400 $5,222,400 $37,532,484
$32,310,084 $32,310,084
$5,222,400 $5,222,400 $5,222,400 $37,532,484
278.100 -Public Libraries
Appropriation (HB 75)
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
$32,310,084 $32,310,084 $32,310,084
State General Funds
$32,310,084 $32,310,084 $32,310,084
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
$37,532,484 $37,532,484 $37,532,484
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.
THURSDAY, FEBRUARY 19, 2015
923
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$25,526,120 $25,526,120 $25,526,120
$25,526,120 $25,526,120 $25,526,120
$25,526,120 $25,526,120 $25,526,120
279.1 Add funds to provide for clinical trials on cannabidiol for children with medication resistant epilepsy.
State General Funds
$4,885,853
$4,885,853
$4,885,853
279.2 Add funds to establish the Georgia Film Academy through a cooperative partnership between the University System and the
Technical College System.
State General Funds
$515,600
$515,600
$515,600
279.100 -Public Service / Special Funding Initiatives
Appropriation (HB 75)
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
$30,927,573 $30,927,573 $30,927,573
State General Funds
$30,927,573 $30,927,573 $30,927,573
TOTAL PUBLIC FUNDS
$30,927,573 $30,927,573 $30,927,573
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
$11,549,268 $11,549,268 $11,549,268
$11,549,268 $11,549,268 $11,549,268
$11,549,268 $11,549,268 $11,549,268
280.100 -Regents Central Office
Appropriation (HB 75)
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
$11,549,268 $11,549,268 $11,549,268
State General Funds
$11,549,268 $11,549,268 $11,549,268
TOTAL PUBLIC FUNDS
$11,549,268 $11,549,268 $11,549,268
924
JOURNAL OF THE HOUSE
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
$1,240,167 $1,240,167 $3,800,620 $2,750,620 $2,750,620
$500,000 $500,000 $550,000 $550,000 $5,040,787
$1,240,167 $1,240,167 $3,800,620 $2,750,620 $2,750,620
$500,000 $500,000 $550,000 $550,000 $5,040,787
$1,240,167 $1,240,167 $3,800,620 $2,750,620 $2,750,620
$500,000 $500,000 $550,000 $550,000 $5,040,787
281.100 -Skidaway Institute of Oceanography
Appropriation (HB 75)
The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic
environments.
TOTAL STATE FUNDS
$1,240,167
$1,240,167
$1,240,167
State General Funds
$1,240,167
$1,240,167
$1,240,167
TOTAL AGENCY FUNDS
$3,800,620
$3,800,620
$3,800,620
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
$500,000
$500,000
$500,000
Rebates, Refunds, and Reimbursements Not Itemized
$500,000
$500,000
$500,000
Sales and Services
$550,000
$550,000
$550,000
Sales and Services Not Itemized
$550,000
$550,000
$550,000
TOTAL PUBLIC FUNDS
$5,040,787
$5,040,787
$5,040,787
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.
THURSDAY, FEBRUARY 19, 2015
925
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
$1,729,907,930 $1,729,907,930 $4,333,156,042 $1,890,808,653 $1,751,586,909
$139,221,744 $127,468,332 $127,468,332 $2,314,879,057 $499,339,510 $1,815,539,547 $6,063,063,972
$1,729,907,930 $1,729,907,930 $4,333,156,042 $1,890,808,653 $1,751,586,909
$139,221,744 $127,468,332 $127,468,332 $2,314,879,057 $499,339,510 $1,815,539,547 $6,063,063,972
$1,729,907,930 $1,729,907,930 $4,333,156,042 $1,890,808,653 $1,751,586,909
$139,221,744 $127,468,332 $127,468,332 $2,314,879,057 $499,339,510 $1,815,539,547 $6,063,063,972
282.100 -Teaching
Appropriation (HB 75)
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
$1,729,907,930 $1,729,907,930 $1,729,907,930
State General Funds
$1,729,907,930 $1,729,907,930 $1,729,907,930
TOTAL AGENCY FUNDS
$4,333,156,042 $4,333,156,042 $4,333,156,042
Intergovernmental Transfers
$1,890,808,653 $1,890,808,653 $1,890,808,653
University System of Georgia Research Funds
$1,751,586,909 $1,751,586,909 $1,751,586,909
Intergovernmental Transfers Not Itemized
$139,221,744 $139,221,744 $139,221,744
Rebates, Refunds, and Reimbursements
$127,468,332 $127,468,332 $127,468,332
Rebates, Refunds, and Reimbursements Not Itemized
$127,468,332 $127,468,332 $127,468,332
Sales and Services
$2,314,879,057 $2,314,879,057 $2,314,879,057
Sales and Services Not Itemized
$499,339,510 $499,339,510 $499,339,510
Tuition and Fees for Higher Education
$1,815,539,547 $1,815,539,547 $1,815,539,547
TOTAL PUBLIC FUNDS
$6,063,063,972 $6,063,063,972 $6,063,063,972
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.
926
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$2,618,043 $2,618,043 $2,618,043
$2,618,043 $2,618,043 $2,618,043
$2,618,043 $2,618,043 $2,618,043
283.100 -Veterinary Medicine Experiment Station
Appropriation (HB 75)
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
$2,618,043
$2,618,043
$2,618,043
State General Funds
$2,618,043
$2,618,043
$2,618,043
TOTAL PUBLIC FUNDS
$2,618,043
$2,618,043
$2,618,043
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
$393,117 $393,117 $14,500,000 $14,500,000 $14,500,000 $14,893,117
$393,117 $393,117 $14,500,000 $14,500,000 $14,500,000 $14,893,117
$393,117 $393,117 $14,500,000 $14,500,000 $14,500,000 $14,893,117
284.100 -Veterinary Medicine Teaching Hospital
Appropriation (HB 75)
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
$393,117
$393,117
$393,117
State General Funds
$393,117
$393,117
$393,117
TOTAL AGENCY FUNDS
$14,500,000 $14,500,000 $14,500,000
Sales and Services
$14,500,000 $14,500,000 $14,500,000
THURSDAY, FEBRUARY 19, 2015
927
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$14,500,000 $14,893,117
$14,500,000 $14,893,117
$14,500,000 $14,893,117
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
$2,329,780 $2,329,780 $2,329,780
$2,329,780 $2,329,780 $2,329,780
$2,329,780 $2,329,780 $2,329,780
285.100-Payments to Georgia Military College
Appropriation (HB 75)
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
$2,329,780
$2,329,780
$2,329,780
State General Funds
$2,329,780
$2,329,780
$2,329,780
TOTAL PUBLIC FUNDS
$2,329,780
$2,329,780
$2,329,780
Payments to Georgia Public Telecommunications Commission
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
$14,690,162 $14,690,162 $14,690,162
$14,690,162 $14,690,162 $14,690,162
$14,690,162 $14,690,162 $14,690,162
286.100-Payments to Georgia Public Telecommunications Commission
Appropriation (HB 75)
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
$14,690,162 $14,690,162 $14,690,162
State General Funds
$14,690,162 $14,690,162 $14,690,162
TOTAL PUBLIC FUNDS
$14,690,162 $14,690,162 $14,690,162
928
JOURNAL OF THE HOUSE
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 PUBLIC FUNDS
Section Total - Continuation
$177,733,395 $177,733,395
$177,299,612 $177,299,612
$433,783
$433,783
$819,087
$819,087
$567,580
$567,580
$251,507
$251,507
$178,552,482 $178,552,482
$177,733,395 $177,299,612
$433,783 $819,087 $567,580 $251,507 $178,552,482
Section Total - Final
TOTAL STATE FUNDS
$191,102,838
State General Funds
$190,669,055
Tobacco Settlement Funds
$433,783
TOTAL FEDERAL FUNDS
$819,087
Federal Funds Not Itemized
$567,580
Prevention & Treatment of Substance Abuse Grant CFDA93.959
$251,507
TOTAL PUBLIC FUNDS
$191,921,925
$191,102,838 $190,669,055
$433,783 $819,087 $567,580 $251,507 $191,921,925
$191,102,838 $190,669,055
$433,783 $819,087 $567,580 $251,507 $191,921,925
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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$13,398,198 $13,398,198
$225,580 $225,580 $13,623,778
$13,398,198 $13,398,198
$225,580 $225,580 $13,623,778
$13,398,198 $13,398,198
$225,580 $225,580 $13,623,778
287.100-Customer Service
Appropriation (HB 75)
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.
THURSDAY, FEBRUARY 19, 2015
929
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$13,398,198 $13,398,198
$225,580 $225,580 $13,623,778
$13,398,198 $13,398,198
$225,580 $225,580 $13,623,778
$13,398,198 $13,398,198
$225,580 $225,580 $13,623,778
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 PUBLIC FUNDS
$7,916,507 $7,916,507 $7,916,507
$7,916,507 $7,916,507 $7,916,507
$7,916,507 $7,916,507 $7,916,507
288.100-Departmental Administration
Appropriation (HB 75)
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
$7,916,507
$7,916,507
$7,916,507
State General Funds
$7,916,507
$7,916,507
$7,916,507
TOTAL PUBLIC FUNDS
$7,916,507
$7,916,507
$7,916,507
Forestland 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 O.C.G.A. 48-5A-2, the Forestland Protection Act, created by HB 1211 and
HB 1276 during the 2008 legislative session.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$14,072,351 $14,072,351 $14,072,351
$14,072,351 $14,072,351 $14,072,351
$14,072,351 $14,072,351 $14,072,351
289.1 Increase funds for Forestland Protection Act grant reimbursements. State General Funds
$15,000,000 $15,000,000 $15,000,000
930
JOURNAL OF THE HOUSE
289.100 -Forestland Protection Grants
Appropriation (HB 75)
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 STATE FUNDS
$29,072,351 $29,072,351 $29,072,351
State General Funds
$29,072,351 $29,072,351 $29,072,351
TOTAL PUBLIC FUNDS
$29,072,351 $29,072,351 $29,072,351
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
TOTAL PUBLIC FUNDS
$1,250,000 $1,250,000 $1,250,000
$1,250,000 $1,250,000 $1,250,000
$1,250,000 $1,250,000 $1,250,000
290.100 -Fraud Detection and Prevention
Appropriation (HB 75)
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
$1,250,000
$1,250,000
$1,250,000
State General Funds
$1,250,000
$1,250,000
$1,250,000
TOTAL PUBLIC FUNDS
$1,250,000
$1,250,000
$1,250,000
Industry Regulation
Continuation Budget
The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco
products; 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
$5,943,212 $5,509,429
$433,783 $371,507 $120,000
$5,943,212 $5,509,429
$433,783 $371,507 $120,000
$5,943,212 $5,509,429
$433,783 $371,507 $120,000
THURSDAY, FEBRUARY 19, 2015
931
Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS
$251,507 $6,314,719
$251,507 $6,314,719
$251,507 $6,314,719
291.100 -Industry Regulation
Appropriation (HB 75)
The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco
products; and conduct checkpoints in areas where reports indicate the use of dyed fuels in on-road vehicles.
TOTAL STATE FUNDS
$5,943,212
$5,943,212
$5,943,212
State General Funds
$5,509,429
$5,509,429
$5,509,429
Tobacco Settlement Funds
$433,783
$433,783
$433,783
TOTAL FEDERAL FUNDS
$371,507
$371,507
$371,507
Federal Funds Not Itemized
$120,000
$120,000
$120,000
Prevention & Treatment of Substance Abuse Grant CFDA93.959
$251,507
$251,507
$251,507
TOTAL PUBLIC FUNDS
$6,314,719
$6,314,719
$6,314,719
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 PUBLIC FUNDS
$6,184,126 $6,184,126 $6,184,126
$6,184,126 $6,184,126 $6,184,126
$6,184,126 $6,184,126 $6,184,126
292.100-Local Government Services
Appropriation (HB 75)
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
$6,184,126
$6,184,126
$6,184,126
State General Funds
$6,184,126
$6,184,126
$6,184,126
TOTAL PUBLIC FUNDS
$6,184,126
$6,184,126
$6,184,126
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.
932
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$12,859,059 $12,859,059 $12,859,059
$12,859,059 $12,859,059 $12,859,059
$12,859,059 $12,859,059 $12,859,059
293.1 Reduce funds for the liability on local tax officials' retirement benefits to meet projected expenditures.
State General Funds
($1,630,557) ($1,630,557) ($1,630,557)
293.100 -Local Tax Officials Retirement and FICA
Appropriation (HB 75)
The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials.
TOTAL STATE FUNDS
$11,228,502 $11,228,502 $11,228,502
State General Funds
$11,228,502 $11,228,502 $11,228,502
TOTAL PUBLIC FUNDS
$11,228,502 $11,228,502 $11,228,502
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 PUBLIC FUNDS
$18,380,959 $18,380,959 $18,380,959
$18,380,959 $18,380,959 $18,380,959
$18,380,959 $18,380,959 $18,380,959
294.100 -Motor Vehicle Registration and Titling
Appropriation (HB 75)
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
$18,380,959 $18,380,959 $18,380,959
State General Funds
$18,380,959 $18,380,959 $18,380,959
TOTAL PUBLIC FUNDS
$18,380,959 $18,380,959 $18,380,959
Office of Special Investigations
Continuation Budget
The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving department efforts.
THURSDAY, FEBRUARY 19, 2015
933
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$3,892,721 $3,892,721 $3,892,721
$3,892,721 $3,892,721 $3,892,721
$3,892,721 $3,892,721 $3,892,721
295.100 -Office of Special Investigations
Appropriation (HB 75)
The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving department efforts.
TOTAL STATE FUNDS
$3,892,721
$3,892,721
$3,892,721
State General Funds
$3,892,721
$3,892,721
$3,892,721
TOTAL PUBLIC FUNDS
$3,892,721
$3,892,721
$3,892,721
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
$13,398,047 $13,398,047 $13,398,047
$13,398,047 $13,398,047 $13,398,047
$13,398,047 $13,398,047 $13,398,047
296.100-Revenue Processing
Appropriation (HB 75)
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
$13,398,047 $13,398,047 $13,398,047
State General Funds
$13,398,047 $13,398,047 $13,398,047
TOTAL PUBLIC FUNDS
$13,398,047 $13,398,047 $13,398,047
Tax Compliance
Continuation Budget
The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$52,663,327 $52,663,327
$222,000 $222,000 $52,885,327
$52,663,327 $52,663,327
$222,000 $222,000 $52,885,327
$52,663,327 $52,663,327
$222,000 $222,000 $52,885,327
934
JOURNAL OF THE HOUSE
297.100 -Tax Compliance
Appropriation (HB 75)
The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts.
TOTAL STATE FUNDS
$52,663,327 $52,663,327 $52,663,327
State General Funds
$52,663,327 $52,663,327 $52,663,327
TOTAL FEDERAL FUNDS
$222,000
$222,000
$222,000
Federal Funds Not Itemized
$222,000
$222,000
$222,000
TOTAL PUBLIC FUNDS
$52,885,327 $52,885,327 $52,885,327
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 PUBLIC FUNDS
$3,064,001 $3,064,001 $3,064,001
$3,064,001 $3,064,001 $3,064,001
$3,064,001 $3,064,001 $3,064,001
298.100 -Tax Policy
Appropriation (HB 75)
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
$3,064,001
$3,064,001
$3,064,001
State General Funds
$3,064,001
$3,064,001
$3,064,001
TOTAL PUBLIC FUNDS
$3,064,001
$3,064,001
$3,064,001
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
$24,710,887 $24,710,887 $24,710,887
$24,710,887 $24,710,887 $24,710,887
$24,710,887 $24,710,887 $24,710,887
THURSDAY, FEBRUARY 19, 2015
935
299.100 -Technology Support Services
Appropriation (HB 75)
The purpose of this appropriation is to support the department in information technology and provide electronic filing services to
taxpayers.
TOTAL STATE FUNDS
$24,710,887 $24,710,887 $24,710,887
State General Funds
$24,710,887 $24,710,887 $24,710,887
TOTAL PUBLIC FUNDS
$24,710,887 $24,710,887 $24,710,887
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 Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Continuation
$21,877,971 $21,877,971
$21,877,971 $21,877,971
$85,000
$85,000
$85,000
$85,000
$4,723,849
$4,723,849
$20,000
$20,000
$20,000
$20,000
$4,703,849
$4,703,849
$4,703,849
$4,703,849
$26,686,820 $26,686,820
$21,877,971 $21,877,971
$85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 $4,703,849 $26,686,820
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
$22,051,090 $22,051,090
$85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 $4,703,849 $26,859,939
$22,016,503 $22,016,503
$85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 $4,703,849 $26,825,352
$22,009,032 $22,009,032
$85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 $4,703,849 $26,817,881
936
JOURNAL OF THE HOUSE
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
$40,514 $40,514 $3,775,096 $3,775,096 $3,775,096 $3,815,610
$40,514 $40,514 $3,775,096 $3,775,096 $3,775,096 $3,815,610
$40,514 $40,514 $3,775,096 $3,775,096 $3,775,096 $3,815,610
300.100 -Corporations
Appropriation (HB 75)
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
$40,514
$40,514
$40,514
State General Funds
$40,514
$40,514
$40,514
TOTAL AGENCY FUNDS
$3,775,096
$3,775,096
$3,775,096
Sales and Services
$3,775,096
$3,775,096
$3,775,096
Sales and Services Not Itemized
$3,775,096
$3,775,096
$3,775,096
TOTAL PUBLIC FUNDS
$3,815,610
$3,815,610
$3,815,610
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
$5,226,157 $5,226,157
$85,000 $85,000 $50,000 $50,000
$5,226,157 $5,226,157
$85,000 $85,000 $50,000 $50,000
$5,226,157 $5,226,157
$85,000 $85,000 $50,000 $50,000
THURSDAY, FEBRUARY 19, 2015
937
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$50,000 $5,361,157
$50,000 $5,361,157
$50,000 $5,361,157
301.1 Increase funds for personnel for four positions and for operations. (H and S:Increase funds for personnel for four positions
and operations for four months)
State General Funds
$173,119
$138,532
$131,061
301.100 -Elections
Appropriation (HB 75)
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
$5,399,276
$5,364,689
$5,357,218
State General Funds
$5,399,276
$5,364,689
$5,357,218
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
Sales and Services Not Itemized
$50,000
$50,000
$50,000
TOTAL PUBLIC FUNDS
$5,534,276
$5,499,689
$5,492,218
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
$5,980,705 $5,980,705
$15,000 $15,000 $15,000 $5,995,705
$5,980,705 $5,980,705
$15,000 $15,000 $15,000 $5,995,705
$5,980,705 $5,980,705
$15,000 $15,000 $15,000 $5,995,705
303.100-Office Administration
Appropriation (HB 75)
The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies.
938
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$5,980,705 $5,980,705
$15,000 $15,000 $15,000 $5,995,705
$5,980,705 $5,980,705
$15,000 $15,000 $15,000 $5,995,705
$5,980,705 $5,980,705
$15,000 $15,000 $15,000 $5,995,705
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
$6,818,847 $6,818,847
$813,753 $813,753 $813,753 $7,632,600
$6,818,847 $6,818,847
$813,753 $813,753 $813,753 $7,632,600
$6,818,847 $6,818,847
$813,753 $813,753 $813,753 $7,632,600
304.100 -Professional Licensing Boards
Appropriation (HB 75)
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
$6,818,847
$6,818,847
$6,818,847
State General Funds
$6,818,847
$6,818,847
$6,818,847
TOTAL AGENCY FUNDS
$813,753
$813,753
$813,753
Sales and Services
$813,753
$813,753
$813,753
Sales and Services Not Itemized
$813,753
$813,753
$813,753
TOTAL PUBLIC FUNDS
$7,632,600
$7,632,600
$7,632,600
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.
THURSDAY, FEBRUARY 19, 2015
939
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$604,458 $604,458
$50,000 $50,000 $50,000 $654,458
$604,458 $604,458
$50,000 $50,000 $50,000 $654,458
$604,458 $604,458
$50,000 $50,000 $50,000 $654,458
305.100 -Securities
Appropriation (HB 75)
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
$604,458
$604,458
$604,458
State General Funds
$604,458
$604,458
$604,458
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
$654,458
$654,458
$654,458
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
$258,600 $258,600
$20,000 $20,000 $20,000 $278,600
$258,600 $258,600
$20,000 $20,000 $20,000 $278,600
$258,600 $258,600
$20,000 $20,000 $20,000 $278,600
306.100-Commission on the Holocaust, Georgia
Appropriation (HB 75)
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.
940
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS
$258,600 $258,600
$20,000 $20,000 $20,000 $278,600
$258,600 $258,600
$20,000 $20,000 $20,000 $278,600
$258,600 $258,600
$20,000 $20,000 $20,000 $278,600
Real Estate Commission
Continuation Budget
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 STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$2,948,690 $2,948,690 $2,948,690
$2,948,690 $2,948,690 $2,948,690
$2,948,690 $2,948,690 $2,948,690
307.100-Real Estate Commission
Appropriation (HB 75)
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 STATE FUNDS
$2,948,690
$2,948,690
$2,948,690
State General Funds
$2,948,690
$2,948,690
$2,948,690
TOTAL PUBLIC FUNDS
$2,948,690
$2,948,690
$2,948,690
Section 43: Soil and Water Conservation Commission, State
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 Federal Funds Transfers
Section Total - Continuation
$2,620,072
$2,620,072
$2,620,072
$2,620,072
$359,145
$359,145
$359,145
$359,145
$1,190,182
$1,190,182
$1,190,182
$1,190,182
$1,190,182
$1,190,182
$307,737
$307,737
$307,737
$307,737
$2,620,072 $2,620,072
$359,145 $359,145 $1,190,182 $1,190,182 $1,190,182 $307,737 $307,737
THURSDAY, FEBRUARY 19, 2015
941
Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS
$307,737 $4,477,136
$307,737 $4,477,136
$307,737 $4,477,136
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 Federal Funds Transfers Federal Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$2,620,072 $2,620,072
$359,145 $359,145 $1,190,182 $1,190,182 $1,190,182 $307,737 $307,737 $307,737 $4,477,136
$2,551,614 $2,551,614
$359,145 $359,145 $1,190,182 $1,190,182 $1,190,182 $307,737 $307,737 $307,737 $4,408,678
$2,620,072 $2,620,072
$359,145 $359,145 $1,190,182 $1,190,182 $1,190,182 $307,737 $307,737 $307,737 $4,477,136
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
$724,705 $724,705 $724,705
$724,705 $724,705 $724,705
$724,705 $724,705 $724,705
308.100-Commission Administration
Appropriation (HB 75)
The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia.
TOTAL STATE FUNDS
$724,705
$724,705
$724,705
State General Funds
$724,705
$724,705
$724,705
TOTAL PUBLIC FUNDS
$724,705
$724,705
$724,705
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.
942
JOURNAL OF THE HOUSE
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
$240,208 $240,208 $192,737 $192,737 $1,190,182 $1,190,182 $1,190,182 $1,623,127
$240,208 $240,208 $192,737 $192,737 $1,190,182 $1,190,182 $1,190,182 $1,623,127
$240,208 $240,208 $192,737 $192,737 $1,190,182 $1,190,182 $1,190,182 $1,623,127
309.100 -Conservation of Agricultural Water Supplies
Appropriation (HB 75)
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
$240,208
$240,208
$240,208
State General Funds
$240,208
$240,208
$240,208
TOTAL FEDERAL FUNDS
$192,737
$192,737
$192,737
Federal Funds Not Itemized
$192,737
$192,737
$192,737
TOTAL AGENCY FUNDS
$1,190,182
$1,190,182
$1,190,182
Intergovernmental Transfers
$1,190,182
$1,190,182
$1,190,182
Intergovernmental Transfers Not Itemized
$1,190,182
$1,190,182
$1,190,182
TOTAL PUBLIC FUNDS
$1,623,127
$1,623,127
$1,623,127
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
$1,422,937 $1,422,937
$166,408 $166,408
$1,422,937 $1,422,937
$166,408 $166,408
$1,422,937 $1,422,937
$166,408 $166,408
THURSDAY, FEBRUARY 19, 2015
943
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Federal Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$307,737 $307,737 $307,737 $1,897,082
$307,737 $307,737 $307,737 $1,897,082
$307,737 $307,737 $307,737 $1,897,082
310.1 Reduce funds for personnel for two vacant positions. State General Funds
($68,458)
$0
310.100 -Conservation of Soil and Water Resources
Appropriation (HB 75)
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
$1,422,937
$1,354,479
$1,422,937
State General Funds
$1,422,937
$1,354,479
$1,422,937
TOTAL FEDERAL FUNDS
$166,408
$166,408
$166,408
Federal Funds Not Itemized
$166,408
$166,408
$166,408
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$307,737
$307,737
$307,737
Federal Funds Transfers
$307,737
$307,737
$307,737
Federal Fund Transfers Not Itemized
$307,737
$307,737
$307,737
TOTAL PUBLIC FUNDS
$1,897,082
$1,828,624
$1,897,082
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 PUBLIC FUNDS
$98,502 $98,502 $98,502
$98,502 $98,502 $98,502
$98,502 $98,502 $98,502
944
JOURNAL OF THE HOUSE
311.100 -U.S.D.A. Flood Control Watershed Structures
Appropriation (HB 75)
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 PUBLIC FUNDS
$98,502
$98,502
$98,502
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
$133,720 $133,720 $133,720
$133,720 $133,720 $133,720
$133,720 $133,720 $133,720
312.100 -Water Resources and Land Use Planning
Appropriation (HB 75)
The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation
control.
TOTAL STATE FUNDS
$133,720
$133,720
$133,720
State General Funds
$133,720
$133,720
$133,720
TOTAL PUBLIC FUNDS
$133,720
$133,720
$133,720
Section 44: Student Finance Commission and Authority, Georgia
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 - Continuation
$682,506,450 $682,506,450
$48,858,430 $48,858,430
$633,648,020 $633,648,020
$713,673
$713,673
$230,950
$230,950
$230,950
$230,950
$482,723
$482,723
$482,723
$482,723
$683,220,123 $683,220,123
$682,506,450 $48,858,430 $633,648,020
$713,673 $230,950 $230,950 $482,723 $482,723 $683,220,123
THURSDAY, FEBRUARY 19, 2015
945
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
$689,118,523 $55,470,503 $633,648,020
$713,673 $230,950 $230,950 $482,723 $482,723 $689,832,196
$689,118,523 $55,470,503 $633,648,020
$713,673 $230,950 $230,950 $482,723 $482,723 $689,832,196
$689,118,523 $55,470,503 $633,648,020
$713,673 $230,950 $230,950 $482,723 $482,723 $689,832,196
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 PUBLIC FUNDS
$10,501,645 $10,501,645 $10,501,645
$10,501,645 $10,501,645 $10,501,645
$10,501,645 $10,501,645 $10,501,645
313.1 Increase funds to meet the projected need. State General Funds
$5,802,134
$5,802,134
$5,802,134
313.100 -Accel
Appropriation (HB 75)
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
$16,303,779 $16,303,779 $16,303,779
State General Funds
$16,303,779 $16,303,779 $16,303,779
TOTAL PUBLIC FUNDS
$16,303,779 $16,303,779 $16,303,779
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.
946
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$785,250 $785,250 $785,250
$785,250 $785,250 $785,250
$785,250 $785,250 $785,250
314.1 Increase funds to meet the projected need. State General Funds
$138,750
$138,750
$138,750
314.100 -Engineer Scholarship
Appropriation (HB 75)
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
$924,000
$924,000
$924,000
State General Funds
$924,000
$924,000
$924,000
TOTAL PUBLIC FUNDS
$924,000
$924,000
$924,000
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
315.1 Increase funds to meet the projected need. State General Funds
$67,749
$67,749
$67,749
315.100-Georgia Military College Scholarship
Appropriation (HB 75)
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
$1,162,611
$1,162,611
$1,162,611
State General Funds
$1,162,611
$1,162,611
$1,162,611
TOTAL PUBLIC FUNDS
$1,162,611
$1,162,611
$1,162,611
THURSDAY, FEBRUARY 19, 2015
947
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
316.100 -HERO Scholarship
Appropriation (HB 75)
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 AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS
$8,143,119 $0
$8,143,119 $230,950 $230,950 $230,950
$8,374,069
$8,143,119 $0
$8,143,119 $230,950 $230,950 $230,950
$8,374,069
$8,143,119 $0
$8,143,119 $230,950 $230,950 $230,950
$8,374,069
317.100-HOPE Administration
Appropriation (HB 75)
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
$8,143,119
$8,143,119
$8,143,119
Lottery Proceeds
$8,143,119
$8,143,119
$8,143,119
TOTAL AGENCY FUNDS
$230,950
$230,950
$230,950
948
JOURNAL OF THE HOUSE
Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS
$230,950 $230,950 $8,374,069
$230,950 $230,950 $8,374,069
$230,950 $230,950 $8,374,069
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
$1,930,296 $0
$1,930,296 $1,930,296
$1,930,296 $0
$1,930,296 $1,930,296
$1,930,296 $0
$1,930,296 $1,930,296
318.100 -HOPE GED
Appropriation (HB 75)
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
$109,059,989 $0
$109,059,989 $109,059,989
$109,059,989 $0
$109,059,989 $109,059,989
$109,059,989 $0
$109,059,989 $109,059,989
319.100 -HOPE Grant
Appropriation (HB 75)
The purpose of this appropriation is to provide grants to students seeking a diploma or certificate at a public post-secondary
institution.
THURSDAY, FEBRUARY 19, 2015
949
TOTAL STATE FUNDS Lottery Proceeds
TOTAL PUBLIC FUNDS
$109,059,989 $109,059,989 $109,059,989
$109,059,989 $109,059,989 $109,059,989
$109,059,989 $109,059,989 $109,059,989
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
$47,916,330 $0
$47,916,330 $47,916,330
$47,916,330 $0
$47,916,330 $47,916,330
$47,916,330 $0
$47,916,330 $47,916,330
320.100-HOPE Scholarships - Private Schools
Appropriation (HB 75)
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
$47,916,330 $47,916,330 $47,916,330
Lottery Proceeds
$47,916,330 $47,916,330 $47,916,330
TOTAL PUBLIC FUNDS
$47,916,330 $47,916,330 $47,916,330
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 State General Funds Lottery Proceeds
TOTAL PUBLIC FUNDS
$446,598,286 $0
$446,598,286 $446,598,286
$446,598,286 $0
$446,598,286 $446,598,286
$446,598,286 $0
$446,598,286 $446,598,286
321.100 -HOPE Scholarships - Public Schools
Appropriation (HB 75)
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.
950
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS Lottery Proceeds
TOTAL PUBLIC FUNDS
$446,598,286 $446,598,286 $446,598,286
$446,598,286 $446,598,286 $446,598,286
$446,598,286 $446,598,286 $446,598,286
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
$19,000,000 $0
$19,000,000 $19,000,000
$19,000,000 $0
$19,000,000 $19,000,000
$19,000,000 $0
$19,000,000 $19,000,000
322.100 -Low Interest Loans
Appropriation (HB 75)
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
$19,000,000 $19,000,000 $19,000,000
Lottery Proceeds
$19,000,000 $19,000,000 $19,000,000
TOTAL PUBLIC FUNDS
$19,000,000 $19,000,000 $19,000,000
Low Interest Loans for Technical Colleges
Continuation Budget
The purpose of this appropriation is to assist students with the affordability of a technical college education.
TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL PUBLIC FUNDS
$10,000,000 $9,000,000 $1,000,000
$10,000,000
$10,000,000 $9,000,000 $1,000,000
$10,000,000
$10,000,000 $9,000,000 $1,000,000
$10,000,000
THURSDAY, FEBRUARY 19, 2015
951
323.100 -Low Interest Loans for Technical Colleges
Appropriation (HB 75)
The purpose of this appropriation is to assist students with the affordability of a technical college education.
TOTAL STATE FUNDS
$10,000,000 $10,000,000 $10,000,000
State General Funds
$9,000,000
$9,000,000
$9,000,000
Lottery Proceeds
$1,000,000
$1,000,000
$1,000,000
TOTAL PUBLIC FUNDS
$10,000,000 $10,000,000 $10,000,000
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
$1,517,277 $1,517,277
$482,723 $482,723 $482,723 $2,000,000
$1,517,277 $1,517,277
$482,723 $482,723 $482,723 $2,000,000
$1,517,277 $1,517,277
$482,723 $482,723 $482,723 $2,000,000
324.1 Increase funds to meet the projected need. State General Funds
$240,940
$240,940
$240,940
324.100 -North Georgia Military Scholarship Grants
Appropriation (HB 75)
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
$1,758,217
$1,758,217
$1,758,217
State General Funds
$1,758,217
$1,758,217
$1,758,217
TOTAL AGENCY FUNDS
$482,723
$482,723
$482,723
Intergovernmental Transfers
$482,723
$482,723
$482,723
Intergovernmental Transfers Not Itemized
$482,723
$482,723
$482,723
TOTAL PUBLIC FUNDS
$2,240,940
$2,240,940
$2,240,940
952
JOURNAL OF THE HOUSE
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
325.1 Increase funds to meet the projected need. State General Funds
$362,500
$362,500
$362,500
325.100 -North Georgia ROTC Grants
Appropriation (HB 75)
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
$1,237,500
$1,237,500
$1,237,500
State General Funds
$1,237,500
$1,237,500
$1,237,500
TOTAL PUBLIC FUNDS
$1,237,500
$1,237,500
$1,237,500
Public Safety Memorial 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
326.98 Change the name of Public Memorial Safety Grant program to Public Safety Memorial Grant. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
THURSDAY, FEBRUARY 19, 2015
953
326.100 -Public Safety Memorial Grant
Appropriation (HB 75)
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
REACH Georgia Scholarship
Continuation Budget
The purpose of this appropriation is to provide needs-based scholarships to selected students participating in the REACH Georgia
mentorship and scholarship program, which encourages and supports academically promising middle and high school students in
their educational pursuits.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$2,000,000 $2,000,000 $2,000,000
$2,000,000 $2,000,000 $2,000,000
$2,000,000 $2,000,000 $2,000,000
327.100 -REACH Georgia Scholarship
Appropriation (HB 75)
The purpose of this appropriation is to provide needs-based scholarships to selected students participating in the REACH Georgia
mentorship and scholarship program, which encourages and supports academically promising middle and high school students in
their educational pursuits.
TOTAL STATE FUNDS
$2,000,000
$2,000,000
$2,000,000
State General Funds
$2,000,000
$2,000,000
$2,000,000
TOTAL PUBLIC FUNDS
$2,000,000
$2,000,000
$2,000,000
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 PUBLIC FUNDS
$21,119,952 $21,119,952 $21,119,952
$21,119,952 $21,119,952 $21,119,952
$21,119,952 $21,119,952 $21,119,952
954
JOURNAL OF THE HOUSE
328.100 -Tuition Equalization Grants
Appropriation (HB 75)
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 $21,119,952 $21,119,952
State General Funds
$21,119,952 $21,119,952 $21,119,952
TOTAL PUBLIC FUNDS
$21,119,952 $21,119,952 $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
$787,683 $787,683 $787,683
$787,683 $787,683 $787,683
$787,683 $787,683 $787,683
329.100-Nonpublic Postsecondary Education Commission
Appropriation (HB 75)
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
$787,683
$787,683
$787,683
State General Funds
$787,683
$787,683
$787,683
TOTAL PUBLIC FUNDS
$787,683
$787,683
$787,683
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
$412,000
$412,000
$412,000
$412,000
$34,356,709 $34,356,709
$34,356,709 $34,356,709
$34,356,709 $34,356,709
$34,768,709 $34,768,709
$412,000 $412,000 $34,356,709 $34,356,709 $34,356,709 $34,768,709
THURSDAY, FEBRUARY 19, 2015
955
TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS
Section Total - Final
$412,000 $412,000 $34,356,709 $34,356,709 $34,356,709 $34,768,709
$412,000 $412,000 $34,356,709 $34,356,709 $34,356,709 $34,768,709
$412,000 $412,000 $34,356,709 $34,356,709 $34,356,709 $34,768,709
Local/Floor COLA
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
$412,000 $412,000 $412,000
$412,000 $412,000 $412,000
$412,000 $412,000 $412,000
330.100 -Local/Floor COLA
Appropriation (HB 75)
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
$412,000
$412,000
$412,000
State General Funds
$412,000
$412,000
$412,000
TOTAL PUBLIC FUNDS
$412,000
$412,000
$412,000
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
$0 $0 $34,356,709 $34,356,709
$0 $0 $34,356,709 $34,356,709
$0 $0 $34,356,709 $34,356,709
956
JOURNAL OF THE HOUSE
Retirement Payments TOTAL PUBLIC FUNDS
$34,356,709 $34,356,709
$34,356,709 $34,356,709
$34,356,709 $34,356,709
331.100-System Administration
Appropriation (HB 75)
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
$34,356,709 $34,356,709 $34,356,709 $34,356,709
$34,356,709 $34,356,709 $34,356,709 $34,356,709
$34,356,709 $34,356,709 $34,356,709 $34,356,709
It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 13.15% for State Fiscal Year 2015.
Section 46: Technical College System of Georgia
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Child Care and Development Block Grant CFDA93.575
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
Section Total - Continuation
$331,854,904 $331,854,904
$331,854,904 $331,854,904
$80,482,813 $80,482,813
$78,261,138 $78,261,138
$2,221,675
$2,221,675
$346,781,463 $346,781,463
$3,393,556
$3,393,556
$3,393,556
$3,393,556
$200,000
$200,000
$200,000
$200,000
$343,187,907 $343,187,907
$73,321,471 $73,321,471
$269,866,436 $269,866,436
$1,360,000
$1,360,000
$1,360,000
$1,360,000
$331,854,904 $331,854,904 $80,482,813 $78,261,138
$2,221,675 $346,781,463
$3,393,556 $3,393,556
$200,000 $200,000 $343,187,907 $73,321,471 $269,866,436 $1,360,000 $1,360,000
THURSDAY, FEBRUARY 19, 2015
957
Agency to Agency Contracts TOTAL PUBLIC FUNDS
$1,360,000
$1,360,000
$1,360,000
$760,479,180 $760,479,180 $760,479,180
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Child Care and Development Block Grant CFDA93.575
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
$331,854,904 $331,854,904 $80,482,813 $78,261,138
$2,221,675 $346,781,463
$3,393,556 $3,393,556
$200,000 $200,000 $343,187,907 $73,321,471 $269,866,436 $1,360,000 $1,360,000 $1,360,000 $760,479,180
$331,854,904 $331,854,904 $80,482,813 $78,261,138
$2,221,675 $346,781,463
$3,393,556 $3,393,556
$200,000 $200,000 $343,187,907 $73,321,471 $269,866,436 $1,360,000 $1,360,000 $1,360,000 $760,479,180
$331,854,904 $331,854,904 $80,482,813 $78,261,138
$2,221,675 $346,781,463
$3,393,556 $3,393,556
$200,000 $200,000 $343,187,907 $73,321,471 $269,866,436 $1,360,000 $1,360,000 $1,360,000 $760,479,180
Adult Education
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, listening, and technology skills; to provide secondary instruction to adults without a high school
diploma; and to provide oversight of GED preparation, testing, and the processing of diplomas and transcripts.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers
$14,311,851 $14,311,851 $18,428,331 $18,428,331
$6,637,876 $3,393,556
$14,311,851 $14,311,851 $18,428,331 $18,428,331
$6,637,876 $3,393,556
$14,311,851 $14,311,851 $18,428,331 $18,428,331
$6,637,876 $3,393,556
958
JOURNAL OF THE HOUSE
Intergovernmental Transfers Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$3,393,556 $3,244,320 $3,244,320 $39,378,058
$3,393,556 $3,244,320 $3,244,320 $39,378,058
$3,393,556 $3,244,320 $3,244,320 $39,378,058
332.1 Utilize existing funds in Adult Education to recognize savings in the program and fund maintenance and repairs ($150,000).
(S:YES)
State General Funds
$0
332.100 -Adult Education
Appropriation (HB 75)
The purpose of this appropriation is to develop Georgia's workforce by providing adult learners in Georgia with basic reading,
writing, computation, speaking, listening, and technology skills; to provide secondary instruction to adults without a high school
diploma; and to provide oversight of GED preparation, testing, and the processing of diplomas and transcripts.
TOTAL STATE FUNDS
$14,311,851 $14,311,851 $14,311,851
State General Funds
$14,311,851 $14,311,851 $14,311,851
TOTAL FEDERAL FUNDS
$18,428,331 $18,428,331 $18,428,331
Federal Funds Not Itemized
$18,428,331 $18,428,331 $18,428,331
TOTAL AGENCY FUNDS
$6,637,876
$6,637,876
$6,637,876
Intergovernmental Transfers
$3,393,556
$3,393,556
$3,393,556
Intergovernmental Transfers Not Itemized
$3,393,556
$3,393,556
$3,393,556
Sales and Services
$3,244,320
$3,244,320
$3,244,320
Sales and Services Not Itemized
$3,244,320
$3,244,320
$3,244,320
TOTAL PUBLIC FUNDS
$39,378,058 $39,378,058 $39,378,058
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 AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
$8,478,091 $8,478,091
$200,000 $200,000 $200,000
$8,478,091 $8,478,091
$200,000 $200,000 $200,000
$8,478,091 $8,478,091
$200,000 $200,000 $200,000
THURSDAY, FEBRUARY 19, 2015
959
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$110,000 $110,000 $110,000 $8,788,091
$110,000 $110,000 $110,000 $8,788,091
$110,000 $110,000 $110,000 $8,788,091
333.100-Departmental Administration
Appropriation (HB 75)
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
$8,478,091
$8,478,091
$8,478,091
State General Funds
$8,478,091
$8,478,091
$8,478,091
TOTAL AGENCY FUNDS
$200,000
$200,000
$200,000
Rebates, Refunds, and Reimbursements
$200,000
$200,000
$200,000
Rebates, Refunds, and Reimbursements Not Itemized
$200,000
$200,000
$200,000
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
$8,788,091
$8,788,091
$8,788,091
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
$12,843,082 $12,843,082
$441,458 $441,458 $9,789,701 $9,789,701 $9,789,701 $23,074,241
$12,843,082 $12,843,082
$441,458 $441,458 $9,789,701 $9,789,701 $9,789,701 $23,074,241
$12,843,082 $12,843,082
$441,458 $441,458 $9,789,701 $9,789,701 $9,789,701 $23,074,241
960
JOURNAL OF THE HOUSE
334.100 -Quick Start and Customized Services
Appropriation (HB 75)
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
$12,843,082 $12,843,082 $12,843,082
State General Funds
$12,843,082 $12,843,082 $12,843,082
TOTAL FEDERAL FUNDS
$441,458
$441,458
$441,458
Federal Funds Not Itemized
$441,458
$441,458
$441,458
TOTAL AGENCY FUNDS
$9,789,701
$9,789,701
$9,789,701
Sales and Services
$9,789,701
$9,789,701
$9,789,701
Sales and Services Not Itemized
$9,789,701
$9,789,701
$9,789,701
TOTAL PUBLIC FUNDS
$23,074,241 $23,074,241 $23,074,241
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
postsecondary education or training to increase their competitiveness in the workplace.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Child Care and Development Block Grant CFDA93.575
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
$296,221,880 $296,221,880 $61,613,024 $59,391,349
$2,221,675 $330,153,886 $330,153,886 $60,287,450 $269,866,436
$1,250,000 $1,250,000 $1,250,000 $689,238,790
$296,221,880 $296,221,880 $61,613,024 $59,391,349
$2,221,675 $330,153,886 $330,153,886 $60,287,450 $269,866,436
$1,250,000 $1,250,000 $1,250,000 $689,238,790
$296,221,880 $296,221,880 $61,613,024 $59,391,349
$2,221,675 $330,153,886 $330,153,886 $60,287,450 $269,866,436
$1,250,000 $1,250,000 $1,250,000 $689,238,790
THURSDAY, FEBRUARY 19, 2015
961
335.100 -Technical Education
Appropriation (HB 75)
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 STATE FUNDS
$296,221,880 $296,221,880 $296,221,880
State General Funds
$296,221,880 $296,221,880 $296,221,880
TOTAL FEDERAL FUNDS
$61,613,024 $61,613,024 $61,613,024
Federal Funds Not Itemized
$59,391,349 $59,391,349 $59,391,349
FFIND Child Care and Development Block Grant CFDA93.575
$2,221,675
$2,221,675
$2,221,675
TOTAL AGENCY FUNDS
$330,153,886 $330,153,886 $330,153,886
Sales and Services
$330,153,886 $330,153,886 $330,153,886
Sales and Services Not Itemized
$60,287,450 $60,287,450 $60,287,450
Tuition and Fees for Higher Education
$269,866,436 $269,866,436 $269,866,436
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
$689,238,790 $689,238,790 $689,238,790
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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Continuation
$864,106,198 $864,106,198 $864,106,198
$15,028,477 $15,028,477 $15,028,477
$849,077,721 $849,077,721 $849,077,721
$1,593,146,310 $1,593,146,310 $1,593,146,310
$66,861,369 $66,861,369 $66,861,369
$1,526,284,941 $1,526,284,941 $1,526,284,941
$89,566,703 $89,566,703 $89,566,703
$681,643
$681,643
$681,643
$681,643
$681,643
$681,643
$88,885,060 $88,885,060 $88,885,060
$88,885,060 $88,885,060 $88,885,060
$2,546,819,211 $2,546,819,211 $2,546,819,211
962
JOURNAL OF THE HOUSE
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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$868,459,318 $14,999,366 $853,459,952 $1,593,146,310 $66,861,369 $1,526,284,941 $89,566,703
$681,643 $681,643 $88,885,060 $88,885,060 $2,551,172,331
$868,459,318 $14,999,366 $853,459,952 $1,593,146,310 $66,861,369 $1,526,284,941 $89,566,703
$681,643 $681,643 $88,885,060 $88,885,060 $2,551,172,331
$868,459,318 $14,999,366 $853,459,952 $1,593,146,310 $66,861,369 $1,526,284,941 $89,566,703
$681,643 $681,643 $88,885,060 $88,885,060 $2,551,172,331
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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$213,393,476 $0
$213,393,476 $925,252,699 $925,252,699 $55,300,430 $55,300,430 $55,300,430 $1,193,946,605
$213,393,476 $0
$213,393,476 $925,252,699 $925,252,699 $55,300,430 $55,300,430 $55,300,430 $1,193,946,605
$213,393,476 $0
$213,393,476 $925,252,699 $925,252,699 $55,300,430 $55,300,430 $55,300,430 $1,193,946,605
336.100 -Capital Construction Projects
Appropriation (HB 75)
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
THURSDAY, FEBRUARY 19, 2015
963
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$925,252,699 $925,252,699 $55,300,430 $55,300,430 $55,300,430 $1,193,946,605
$925,252,699 $925,252,699 $55,300,430 $55,300,430 $55,300,430 $1,193,946,605
$925,252,699 $925,252,699 $55,300,430 $55,300,430 $55,300,430 $1,193,946,605
Capital Maintenance Projects
Continuation Budget
The purpose of this appropriation is to provide funding for capital outlay for maintenance 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
$60,560,150 $0
$60,560,150 $183,218,385 $183,218,385
$350,574 $350,574 $350,574 $244,129,109
$60,560,150 $0
$60,560,150 $183,218,385 $183,218,385
$350,574 $350,574 $350,574 $244,129,109
$60,560,150 $0
$60,560,150 $183,218,385 $183,218,385
$350,574 $350,574 $350,574 $244,129,109
337.100 -Capital Maintenance Projects
Appropriation (HB 75)
The purpose of this appropriation is to provide funding for capital outlay for maintenance projects.
TOTAL STATE FUNDS
$60,560,150 $60,560,150 $60,560,150
State Motor Fuel Funds
$60,560,150 $60,560,150 $60,560,150
TOTAL FEDERAL FUNDS
$183,218,385 $183,218,385 $183,218,385
Federal Highway Admin.-Planning & Construction CFDA20.205
$183,218,385 $183,218,385 $183,218,385
TOTAL AGENCY FUNDS
$350,574
$350,574
$350,574
Sales and Services
$350,574
$350,574
$350,574
Sales and Services Not Itemized
$350,574
$350,574
$350,574
TOTAL PUBLIC FUNDS
$244,129,109 $244,129,109 $244,129,109
964
JOURNAL OF THE HOUSE
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
$81,565,819 $0
$81,565,819 $68,642,990 $68,642,990
$963,619 $963,619 $963,619 $151,172,428
$81,565,819 $0
$81,565,819 $68,642,990 $68,642,990
$963,619 $963,619 $963,619 $151,172,428
$81,565,819 $0
$81,565,819 $68,642,990 $68,642,990
$963,619 $963,619 $963,619 $151,172,428
338.100-Construction Administration
Appropriation (HB 75)
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
$81,565,819 $81,565,819 $81,565,819
State Motor Fuel Funds
$81,565,819 $81,565,819 $81,565,819
TOTAL FEDERAL FUNDS
$68,642,990 $68,642,990 $68,642,990
Federal Highway Admin.-Planning & Construction CFDA20.205
$68,642,990 $68,642,990 $68,642,990
TOTAL AGENCY FUNDS
$963,619
$963,619
$963,619
Sales and Services
$963,619
$963,619
$963,619
Sales and Services Not Itemized
$963,619
$963,619
$963,619
TOTAL PUBLIC FUNDS
$151,172,428 $151,172,428 $151,172,428
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.
THURSDAY, FEBRUARY 19, 2015
965
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
$2,815,060 $0
$2,815,060 $10,270,257 $10,270,257
$62,257 $62,257 $62,257 $13,147,574
$2,815,060 $0
$2,815,060 $10,270,257 $10,270,257
$62,257 $62,257 $62,257 $13,147,574
$2,815,060 $0
$2,815,060 $10,270,257 $10,270,257
$62,257 $62,257 $62,257 $13,147,574
339.100-Data Collection, Compliance and Reporting
Appropriation (HB 75)
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
$2,815,060
$2,815,060
$2,815,060
State Motor Fuel Funds
$2,815,060
$2,815,060
$2,815,060
TOTAL FEDERAL FUNDS
$10,270,257 $10,270,257 $10,270,257
Federal Highway Admin.-Planning & Construction CFDA20.205
$10,270,257 $10,270,257 $10,270,257
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
$13,147,574 $13,147,574 $13,147,574
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
$55,480,776 $0
$55,480,776 $10,839,823 $10,839,823
$898,970 $898,970
$55,480,776 $0
$55,480,776 $10,839,823 $10,839,823
$898,970 $898,970
$55,480,776 $0
$55,480,776 $10,839,823 $10,839,823
$898,970 $898,970
966
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$898,970 $67,219,569
$898,970 $67,219,569
$898,970 $67,219,569
340.100-Departmental Administration
Appropriation (HB 75)
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
$55,480,776 $55,480,776 $55,480,776
State Motor Fuel Funds
$55,480,776 $55,480,776 $55,480,776
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
$67,219,569 $67,219,569 $67,219,569
Intermodal
Continuation Budget
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 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
$15,028,477 $15,028,477 $66,861,369 $66,861,369
$782,232 $681,643 $681,643 $100,589 $100,589 $82,672,078
$15,028,477 $15,028,477 $66,861,369 $66,861,369
$782,232 $681,643 $681,643 $100,589 $100,589 $82,672,078
$15,028,477 $15,028,477 $66,861,369 $66,861,369
$782,232 $681,643 $681,643 $100,589 $100,589 $82,672,078
341.1 Reduce funds for one-time expenses incurred in FY2014. State General Funds
($29,111)
($29,111)
($29,111)
THURSDAY, FEBRUARY 19, 2015
967
341.100 -Intermodal
Appropriation (HB 75)
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
$14,999,366 $14,999,366 $14,999,366
State General Funds
$14,999,366 $14,999,366 $14,999,366
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
$782,232
$782,232
$782,232
Intergovernmental Transfers
$681,643
$681,643
$681,643
Intergovernmental Transfers Not Itemized
$681,643
$681,643
$681,643
Sales and Services
$100,589
$100,589
$100,589
Sales and Services Not Itemized
$100,589
$100,589
$100,589
TOTAL PUBLIC FUNDS
$82,642,967 $82,642,967 $82,642,967
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
$122,470,000 $0
$122,470,000 $122,470,000
$122,470,000 $0
$122,470,000 $122,470,000
$122,470,000 $0
$122,470,000 $122,470,000
342.100 -Local Maintenance and Improvement Grants
Appropriation (HB 75)
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
$122,470,000 $122,470,000 $122,470,000
State Motor Fuel Funds
$122,470,000 $122,470,000 $122,470,000
TOTAL PUBLIC FUNDS
$122,470,000 $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.
968
JOURNAL OF THE HOUSE
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
$4,346,461 $0
$4,346,461 $91,655,917 $91,655,917
$595,233 $595,233 $595,233 $96,597,611
$4,346,461 $0
$4,346,461 $91,655,917 $91,655,917
$595,233 $595,233 $595,233 $96,597,611
$4,346,461 $0
$4,346,461 $91,655,917 $91,655,917
$595,233 $595,233 $595,233 $96,597,611
343.100 -Local Road Assistance Administration
Appropriation (HB 75)
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
$4,346,461
$4,346,461
$4,346,461
State Motor Fuel Funds
$4,346,461
$4,346,461
$4,346,461
TOTAL FEDERAL FUNDS
$91,655,917 $91,655,917 $91,655,917
Federal Highway Admin.-Planning & Construction CFDA20.205
$91,655,917 $91,655,917 $91,655,917
TOTAL AGENCY FUNDS
$595,233
$595,233
$595,233
Sales and Services
$595,233
$595,233
$595,233
Sales and Services Not Itemized
$595,233
$595,233
$595,233
TOTAL PUBLIC FUNDS
$96,597,611 $96,597,611 $96,597,611
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
$2,263,226 $0
$2,263,226 $14,683,804 $14,683,804 $16,947,030
$2,263,226 $0
$2,263,226 $14,683,804 $14,683,804 $16,947,030
$2,263,226 $0
$2,263,226 $14,683,804 $14,683,804 $16,947,030
THURSDAY, FEBRUARY 19, 2015
969
344.100 -Planning
Appropriation (HB 75)
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
$2,263,226
$2,263,226
$2,263,226
State Motor Fuel Funds
$2,263,226
$2,263,226
$2,263,226
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
$16,947,030 $16,947,030 $16,947,030
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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$194,580,109 $0
$194,580,109 $25,086,452 $25,086,452
$5,078,904 $5,078,904 $5,078,904 $224,745,465
$194,580,109 $0
$194,580,109 $25,086,452 $25,086,452
$5,078,904 $5,078,904 $5,078,904 $224,745,465
$194,580,109 $0
$194,580,109 $25,086,452 $25,086,452
$5,078,904 $5,078,904 $5,078,904 $224,745,465
345.1 Increase funds for additional service agreements. State Motor Fuel Funds 345.2 Reduce funds. State Motor Fuel Funds
$4,382,231
$4,382,231
$0 ($1,211,939)
970
JOURNAL OF THE HOUSE
345.100 -Routine Maintenance
Appropriation (HB 75)
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
$198,962,340 $198,962,340 $193,368,170
State Motor Fuel Funds
$198,962,340 $198,962,340 $193,368,170
TOTAL FEDERAL FUNDS
$25,086,452 $25,086,452 $25,086,452
Federal Highway Admin.-Planning & Construction CFDA20.205
$25,086,452 $25,086,452 $25,086,452
TOTAL AGENCY FUNDS
$5,078,904
$5,078,904
$5,078,904
Sales and Services
$5,078,904
$5,078,904
$5,078,904
Sales and Services Not Itemized
$5,078,904
$5,078,904
$5,078,904
TOTAL PUBLIC FUNDS
$229,127,696 $229,127,696 $223,533,526
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
$19,756,231 $0
$19,756,231 $46,110,542 $46,110,542 $25,534,484 $25,534,484 $25,534,484 $91,401,257
$19,756,231 $0
$19,756,231 $46,110,542 $46,110,542 $25,534,484 $25,534,484 $25,534,484 $91,401,257
$19,756,231 $0
$19,756,231 $46,110,542 $46,110,542 $25,534,484 $25,534,484 $25,534,484 $91,401,257
THURSDAY, FEBRUARY 19, 2015
971
346.100 -Traffic Management and Control
Appropriation (HB 75)
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
$19,756,231 $19,756,231 $19,756,231
State Motor Fuel Funds
$19,756,231 $19,756,231 $19,756,231
TOTAL FEDERAL FUNDS
$46,110,542 $46,110,542 $46,110,542
Federal Highway Admin.-Planning & Construction CFDA20.205
$46,110,542 $46,110,542 $46,110,542
TOTAL AGENCY FUNDS
$25,534,484 $25,534,484 $25,534,484
Sales and Services
$25,534,484 $25,534,484 $25,534,484
Sales and Services Not Itemized
$25,534,484 $25,534,484 $25,534,484
TOTAL PUBLIC FUNDS
$91,401,257 $91,401,257 $91,401,257
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
$91,846,413 $0
$91,846,413 $150,524,072 $150,524,072 $242,370,485
$91,846,413 $0
$91,846,413 $150,524,072 $150,524,072 $242,370,485
$91,846,413 $0
$91,846,413 $150,524,072 $150,524,072 $242,370,485
347.1 Utilize existing funds of $5,594,170 in the Georgia Transportation Infrastructure Bank program for debt service due in
FY2016. (G:YES)(H:YES)(S:YES)
State Motor Fuel Funds
$0
$0
$0
347.2 Increase funds for the Georgia Transportation Infrastructure Bank.
State Motor Fuel Funds
$5,594,170
972
JOURNAL OF THE HOUSE
347.100 -Payments to the State Road and Tollway Authority
Appropriation (HB 75)
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
$91,846,413 $91,846,413 $97,440,583
State Motor Fuel Funds
$91,846,413 $91,846,413 $97,440,583
TOTAL FEDERAL FUNDS
$150,524,072 $150,524,072 $150,524,072
Federal Highway Admin.-Planning & Construction CFDA20.205
$150,524,072 $150,524,072 $150,524,072
TOTAL PUBLIC FUNDS
$242,370,485 $242,370,485 $247,964,655
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 AGENCY FUNDS Sales and Services
Section Total - Continuation
$20,501,201 $20,501,201
$20,501,201 $20,501,201
$16,264,569 $16,264,569
$16,264,569 $16,264,569
$4,416,369
$4,416,369
$4,416,369
$4,416,369
$20,501,201 $20,501,201 $16,264,569 $16,264,569
$4,416,369 $4,416,369
THURSDAY, FEBRUARY 19, 2015
973
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$4,416,369 $41,182,139
$4,416,369 $41,182,139
$4,416,369 $41,182,139
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
$19,615,368 $19,615,368 $15,119,717 $15,119,717
$4,158,613 $4,158,613 $4,158,613 $38,893,698
$19,599,341 $19,599,341 $15,119,717 $15,119,717
$4,158,613 $4,158,613 $4,158,613 $38,877,671
$19,599,341 $19,599,341 $15,119,717 $15,119,717
$4,158,613 $4,158,613 $4,158,613 $38,877,671
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
$1,758,956 $1,758,956 $1,758,956
$1,758,956 $1,758,956 $1,758,956
$1,758,956 $1,758,956 $1,758,956
348.100 -Administration
Appropriation (HB 75)
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
$1,758,956
$1,758,956
$1,758,956
State General Funds
$1,758,956
$1,758,956
$1,758,956
TOTAL PUBLIC FUNDS
$1,758,956
$1,758,956
$1,758,956
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.
974
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$554,697 $554,697 $178,004 $178,004 $732,701
$554,697 $554,697 $178,004 $178,004 $732,701
$554,697 $554,697 $178,004 $178,004 $732,701
349.1 Transfer funds from the Georgia War Veterans Nursing Homes program to the Georgia Veterans Memorial Cemetery program
for one-time design expenses for cemetery expansion.
State General Funds
$184,000
$184,000
349.100-Georgia Veterans Memorial Cemetery
Appropriation (HB 75)
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
$554,697
$738,697
$738,697
State General Funds
$554,697
$738,697
$738,697
TOTAL FEDERAL FUNDS
$178,004
$178,004
$178,004
Federal Funds Not Itemized
$178,004
$178,004
$178,004
TOTAL PUBLIC FUNDS
$732,701
$916,701
$916,701
Georgia War Veterans Nursing Homes
Continuation Budget
The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans.
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
$11,929,755 $11,929,755 $13,459,125 $13,459,125
$2,416,369 $2,416,369 $2,416,369 $27,805,249
$11,929,755 $11,929,755 $13,459,125 $13,459,125
$2,416,369 $2,416,369 $2,416,369 $27,805,249
$11,929,755 $11,929,755 $13,459,125 $13,459,125
$2,416,369 $2,416,369 $2,416,369 $27,805,249
THURSDAY, FEBRUARY 19, 2015
975
350.1 Reduce funds due to lowered average daily patient census. (H and S:Reduce funds due to lowered average daily patient census
and transfer funds from the Georgia War Veterans Nursing Homes program to the Georgia Veterans Memorial Cemetery program for
one-time design expenses for cemetery expansion)
State General Funds
($885,833) ($1,085,860) ($1,085,860)
Federal Funds Not Itemized
($1,144,852) ($1,144,852) ($1,144,852)
Sales and Services Not Itemized
($257,756)
($257,756)
($257,756)
Total Public Funds:
($2,288,441) ($2,488,468) ($2,488,468)
350.100 -Georgia War Veterans Nursing Homes
Appropriation (HB 75)
The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans.
TOTAL STATE FUNDS
$11,043,922 $10,843,895 $10,843,895
State General Funds
$11,043,922 $10,843,895 $10,843,895
TOTAL FEDERAL FUNDS
$12,314,273 $12,314,273 $12,314,273
Federal Funds Not Itemized
$12,314,273 $12,314,273 $12,314,273
TOTAL AGENCY FUNDS
$2,158,613
$2,158,613
$2,158,613
Sales and Services
$2,158,613
$2,158,613
$2,158,613
Sales and Services Not Itemized
$2,158,613
$2,158,613
$2,158,613
TOTAL PUBLIC FUNDS
$25,516,808 $25,316,781 $25,316,781
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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$6,257,793 $6,257,793 $2,627,440 $2,627,440 $2,000,000 $2,000,000 $2,000,000 $10,885,233
$6,257,793 $6,257,793 $2,627,440 $2,627,440 $2,000,000 $2,000,000 $2,000,000 $10,885,233
$6,257,793 $6,257,793 $2,627,440 $2,627,440 $2,000,000 $2,000,000 $2,000,000 $10,885,233
976
JOURNAL OF THE HOUSE
351.100 -Veterans Benefits
Appropriation (HB 75)
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
$6,257,793
$6,257,793
$6,257,793
State General Funds
$6,257,793
$6,257,793
$6,257,793
TOTAL FEDERAL FUNDS
$2,627,440
$2,627,440
$2,627,440
Federal Funds Not Itemized
$2,627,440
$2,627,440
$2,627,440
TOTAL AGENCY FUNDS
$2,000,000
$2,000,000
$2,000,000
Sales and Services
$2,000,000
$2,000,000
$2,000,000
Sales and Services Not Itemized
$2,000,000
$2,000,000
$2,000,000
TOTAL PUBLIC FUNDS
$10,885,233 $10,885,233 $10,885,233
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
$22,529,716 $22,529,716
$22,529,716 $22,529,716
$523,832
$523,832
$523,832
$523,832
$523,832
$523,832
$23,053,548 $23,053,548
$22,529,716 $22,529,716
$523,832 $523,832 $523,832 $23,053,548
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$22,529,716 $22,529,716
$523,832 $523,832 $523,832 $23,053,548
$22,529,716 $22,529,716
$523,832 $523,832 $523,832 $23,053,548
$22,529,716 $22,529,716
$523,832 $523,832 $523,832 $23,053,548
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.
THURSDAY, FEBRUARY 19, 2015
977
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$11,985,822 $11,985,822
$458,353 $458,353 $458,353 $12,444,175
$11,985,822 $11,985,822
$458,353 $458,353 $458,353 $12,444,175
$11,985,822 $11,985,822
$458,353 $458,353 $458,353 $12,444,175
352.100-Administer the Workers' Compensation Laws
Appropriation (HB 75)
The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation
law.
TOTAL STATE FUNDS
$11,985,822 $11,985,822 $11,985,822
State General Funds
$11,985,822 $11,985,822 $11,985,822
TOTAL AGENCY FUNDS
$458,353
$458,353
$458,353
Sales and Services
$458,353
$458,353
$458,353
Sales and Services Not Itemized
$458,353
$458,353
$458,353
TOTAL PUBLIC FUNDS
$12,444,175 $12,444,175 $12,444,175
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
$10,543,894 $10,543,894
$65,479 $65,479 $65,479 $10,609,373
$10,543,894 $10,543,894
$65,479 $65,479 $65,479 $10,609,373
$10,543,894 $10,543,894
$65,479 $65,479 $65,479 $10,609,373
353.100 -Board Administration
Appropriation (HB 75)
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
$10,543,894 $10,543,894 $10,543,894
State General Funds
$10,543,894 $10,543,894 $10,543,894
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TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$65,479 $65,479 $65,479 $10,609,373
$65,479 $65,479 $65,479 $10,609,373
$65,479 $65,479 $65,479 $10,609,373
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
Section Total - Continuation
$1,116,960,788 $1,116,960,788 $1,116,960,788 $960,280,975 $960,280,975 $960,280,975 $156,679,813 $156,679,813 $156,679,813 $18,260,833 $18,260,833 $18,260,833 $18,260,833 $18,260,833 $18,260,833
$1,135,221,621 $1,135,221,621 $1,135,221,621
TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$1,083,144,820 $939,272,181 $143,872,639 $18,260,833 $18,260,833
$1,101,405,653
$1,083,144,820 $939,272,181 $143,872,639 $18,260,833 $18,260,833
$1,101,405,653
$1,091,530,499 $947,657,860 $143,872,639 $18,260,833 $18,260,833
$1,109,791,332
General Obligation Debt Sinking Fund - Issued
Continuation Budget
TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$1,018,202,703 $863,448,490 $154,754,213 $18,260,833 $18,260,833
$1,036,463,536
$1,018,202,703 $863,448,490 $154,754,213 $18,260,833 $18,260,833
$1,036,463,536
$1,018,202,703 $863,448,490 $154,754,213 $18,260,833 $18,260,833
$1,036,463,536
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979
354.1 Replace funds for debt service on road and bridge projects.
State General Funds
$12,807,174 $12,807,174 $12,807,174
State Motor Fuel Funds
($12,807,174) ($12,807,174) ($12,807,174)
Total Public Funds:
$0
$0
$0
354.2 Reduce funds for debt service to reflect savings associated with refundings and favorable rates received in recent bond sales.
State General Funds
($33,815,968) ($33,815,968) ($33,815,968)
354.3 Increase funds for debt service due in FY2016.
State General Funds
$8,385,679
354.100 -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
Appropriation (HB 75)
$984,386,735 $984,386,735 $992,772,414 $842,439,696 $842,439,696 $850,825,375 $141,947,039 $141,947,039 $141,947,039 $18,260,833 $18,260,833 $18,260,833 $18,260,833 $18,260,833 $18,260,833 $1,002,647,568 $1,002,647,568 $1,011,033,247
General Obligation Debt Sinking Fund - New
Continuation Budget
TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL PUBLIC FUNDS
$98,758,085 $96,832,485
$1,925,600 $98,758,085
$98,758,085 $96,832,485
$1,925,600 $98,758,085
$98,758,085 $96,832,485
$1,925,600 $98,758,085
355.1 Transfer authorization for $1,350,000 in 5-year taxable bonds for equipment for the Athens and Tifton Veterinary Diagnostic
Laboratories (HB744, Bond #113, page 134, line 4017) from the Department of Agriculture to the Board of Regents.
(G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
355.100 -General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS
State General Funds
$98,758,085 $96,832,485
Appropriation (HB 75)
$98,758,085 $98,758,085 $96,832,485 $96,832,485
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State Motor Fuel Funds TOTAL PUBLIC FUNDS
$1,925,600 $98,758,085
$1,925,600 $98,758,085
$1,925,600 $98,758,085
[Bond # 1] From State General Funds, $16,062,412 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 $187,645,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 2] From State General Funds, $1,395,280 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 $16,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 3] From State General Funds, $2,374,544 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 $27,740,000 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, $154,080 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 $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 5] From State General Funds, $462,800 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 $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 6] From State General Funds, $2,656,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months. [Bond # 7] From State General Funds, $64,200 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 $750,000 in principal amount of General
THURSDAY, FEBRUARY 19, 2015
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Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 8] From State General Funds, $3,239,600 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 $14,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 9] From State General Funds, $252,948 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 $2,955,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 10] From State General Funds, $1,619,800 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 $7,000,000 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, $671,060 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 $2,900,000 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, $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 # 13] From State General Funds, $3,424,000 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 $40,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 14] From State General Funds, $323,960 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development,
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extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,400,000 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, $3,826,320 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 $44,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 16] 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 # 17] From State General Funds, $813,200 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 $9,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 18] From State General Funds, $393,380 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 $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 19] From State General Funds, $578,500 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 sixty months. [Bond # 20] From State General Funds, $462,800 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, through the issuance of not more than $2,000,000 in principal amount of General
THURSDAY, FEBRUARY 19, 2015
983
Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 21] From State General Funds, $67,106 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 $290,000 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, $2,075,658 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 $8,970,000 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, $847,440 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 $9,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 24] From State General Funds, $663,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 25] From State General Funds, $423,720 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 $4,950,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 26] From State General Funds, $385,200 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 $4,500,000 in
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principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 27] 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 # 28] From State General Funds, $231,120 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 $2,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 29] From State General Funds, $64,200 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 $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 # 30] From State General Funds, $1,044,200 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 $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 # 31] From State General Funds, $578,500 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 sixty months. [Bond # 32] From State General Funds, $363,200 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,
THURSDAY, FEBRUARY 19, 2015
985
extension, enlargement, or improvement of land, waters, 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, $247,598 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 $1,070,000 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, $376,640 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 # 36] From State General Funds, $162,640 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 37] From State General Funds, $333,840 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 38] From State General Funds, $214,000 is specifically appropriated for the purpose of financing projects and
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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 # 39] From State General Funds, $231,120 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 $2,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 40] 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 # 41] 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 # 42] From State General Funds, $118,128 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, through the issuance of not more than $1,380,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 43] From State General Funds, $77,040 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, 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 two hundred and forty months. [Bond # 44] From State General Funds, $171,200 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, through the issuance of not more than $2,000,000 in principal amount of General
THURSDAY, FEBRUARY 19, 2015
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Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 45] From State General Funds, $454,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 46] From State General Funds, $908,000 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 # 47] From State General Funds, $42,800 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 48] From State General Funds, $265,600 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 one hundred and twenty months. [Bond # 49] From State General Funds, $25,680 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 $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 # 50] From State General Funds, $1,157,000 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
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General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 51] From State General Funds, $477,841 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 $2,065,000 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, $571,558 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 $2,470,000 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, $342,472 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 $1,480,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 54] From State General Funds, $893,204 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 $3,860,000 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, $531,063 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 $2,295,000 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, $200,161 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 $865,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 57] From State General Funds, $166,608 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,
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enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $720,000 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, $150,410 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 $650,000 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, $466,271 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 $2,015,000 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, $131,898 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 $570,000 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, $599,200 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 $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 # 62] From State General Funds, $283,465 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 $1,225,000 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, $393,380 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
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[Bond # 64] From State General Funds, $291,040 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 $3,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 65] From State General Funds, $439,660 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 $1,900,000 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, $208,260 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 $900,000 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, $208,260 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 $900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 68] From State General Funds, $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 # 69] From State General Funds, $50,504 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 $590,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 70] From State General Funds, $184,040 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Services by means of the acquisition, construction, development, extension,
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enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 # 71] From State General Funds, $85,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 # 72] From State General Funds, $47,936 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Health by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 73] From State General Funds, $94,160 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 $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 74] From State General Funds, $462,800 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 $2,000,000 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, $847,440 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 $9,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 76] From State General Funds, $261,080 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 $3,050,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
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JOURNAL OF THE HOUSE
[Bond # 77] From State General Funds, $1,093,365 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 $4,725,000 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, $856,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 79] From State General Funds, $309,872 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 $3,620,000 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, $23,540 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 $275,000 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, $22,256 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 $260,000 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, $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 # 83] From State General Funds, $43,966 is specifically appropriated for the purpose of financing projects and facilities for the Department of Driver Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal,
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necessary or useful in connection therewith, through the issuance of not more than $190,000 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, $101,864 is specifically appropriated for the purpose of financing projects and facilities for the Department of Driver Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,190,000 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, $80,990 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 sixty months. [Bond # 86] From State General Funds, $273,052 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,180,000 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, $193,219 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 $835,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 88] From State General Funds, $1,050,312 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 $12,270,000 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, $1,062,296 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 $12,410,000 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, $127,270 is specifically appropriated for the purpose of financing projects and
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JOURNAL OF THE HOUSE
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 $550,000 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, $1,249,560 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 $5,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 92] From State General Funds, $517,880 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,050,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 93] From State General Funds, $1,249,560 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 $5,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 94] From State General Funds, $59,920 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 $700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 95] From State General Funds, $188,591 is specifically appropriated for the purpose of financing projects and facilities for the State Board of 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 $815,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 96] From State General Funds, $2,314,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Safety by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General
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Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 97] From State General Funds, $1,464,762 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 $6,330,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 98] From State General Funds, $124,956 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 $540,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 99] From State General Funds, $92,560 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 sixty months. [Bond # 100] From State General Funds, $205,946 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 $890,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 101] From State General Funds, $146,804 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 $1,715,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 102] From State General Funds, $20,972 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 $245,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 103] From State General Funds, $108,712 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,
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JOURNAL OF THE HOUSE
or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,270,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 104] From State General Funds, $113,386 is specifically appropriated for the purpose of financing projects and facilities for the Department of Audits and Accounts by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $490,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 105] From State General Funds, $115,700 is specifically appropriated for the purpose of financing projects and facilities for the Department of Audits and Accounts by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 106] From State General Funds, $1,070,000 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 $12,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 107] From State General Funds, $171,200 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 $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 108] From State General Funds, $642,000 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 $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 109] From State General Funds, $925,600 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 $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
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[Bond # 110] From State General Funds, $694,200 is specifically appropriated for the purpose of financing projects and facilities for the Secretary of State by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 111] From State General Funds, $275,578 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 $3,035,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 112] From State General Funds, $454,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 # 113] From State General Funds, $312,390 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 $1,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 114] From State General Funds, $1,651,652 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 $18,190,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 115] From State General Funds, $1,543,600 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 $17,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 116] From State General Funds, $99,880 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
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JOURNAL OF THE HOUSE
acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 117] From State General Funds, $517,179 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 $2,235,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 118] From State General Funds, $181,600 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 $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 # 119] From State General Funds, $817,384 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 $6,155,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months. [Bond # 120] From State General Funds, $96,300 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 $1,125,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 121] From State General Funds, $1,767,640 is specifically appropriated for the Georgia Environmental Finance Authority for the purpose of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $20,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 122] From State General Funds, $736,160 is specifically appropriated for the Georgia Environmental Finance Authority for the purpose of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $8,600,000 in principal amount of General Obligation Debt, the instruments
THURSDAY, FEBRUARY 19, 2015
999
of which shall have maturities not in excess of two hundred and forty months. [Bond # 123] From State General Funds, $1,884,100 is specifically appropriated for the Georgia Environmental Finance Authority for the purpose 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 # 124] From State General Funds, $1,342,120 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 $5,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 125] From State General Funds, $46,280 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 $200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 126] From State General Funds, $773,616 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,520,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 127] From State General Funds, $374,096 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 128] From State General Funds, $913,448 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 $10,060,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 129] From State General Funds, $2,996,000 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,
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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 # 130] From State Motor Fuel Funds, $1,925,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months. [Bond # 131] From State General Funds, $653,306 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 $7,195,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 132] From State General Funds, $90,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Section 51: General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of Section 51 of the General Appropriations Act for State Fiscal Year 2011-2012 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 231, 222, Act No. 223, 2011 Regular Session, H.B. 78), carried forward in Section 51 of the Supplementary General Appropriations Act for State Fiscal Year 2011-2012 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 216, 209, Act No. 406, 2012 Regular Session, H.B. 741), and which reads as follows:
Education, Department of 379.301 BOND: K - 12 Schools: $44,120,000 in principal for 20 years at 6.75%: Fund the Capital Outlay Program-Regular for local school construction. (S:Include $2,000,000 for Clarkdale Elementary) From State General Funds, $4,398,764 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $44,120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
is hereby amended to read as follows:
THURSDAY, FEBRUARY 19, 2015
1001
379.301 BOND: K - 12 Schools: $43,880,000 in principal for 20 years at 6.75%: Fund the Capital Outlay Program-Regular for local school construction. (S:Include $2,000,000 for Clarkdale Elementary) From State General Funds, $4,374,836 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 $43,880,000 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 51 of the General Appropriations Act for State Fiscal Year 2011-2012 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 231, 222, Act No. 223, 2011 Regular Session, H.B. 78), carried forward in Section 51 of the Supplementary General Appropriations Act for State Fiscal Year 2011-2012 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 216, 209, Act No. 406, 2012 Regular Session, H.B. 741), and which reads as follows:
Education, Department of 379.302 BOND: K - 12 Schools: $21,820,000 in principal for 20 years at 6.75%: Fund the Capital Outlay Program-Exceptional Growth for local school construction. (H and S:Recommend funding at the $40 million entitlement level and provide $21,820,000 in 20-year bonds) From State General Funds, $2,175,454 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $21,820,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
is hereby amended to read as follows:
Education, Department of 379.302 BOND: K - 12 Schools: $11,330,000 in principal for 20 years at 6.75%: Fund the Capital Outlay Program-Exceptional Growth for local school construction. (H and S:Recommend funding at the $40 million entitlement level and provide $11,330,000 in 20-year bonds) From State General Funds, $1,129,601 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 $11,330,000 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 51 of the General Appropriations Act for State Fiscal Year 2011-2012 (Ga. L. 2011,
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JOURNAL OF THE HOUSE
Volume One, Book Two Appendix, commencing at p. 1 of 231, 222, Act No. 223, 2011 Regular Session, H.B. 78), carried forward in Section 51 of the Supplementary General Appropriations Act for State Fiscal Year 2011-2012 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 216, 209, Act No. 406, 2012 Regular Session, H.B. 741), and which reads as follows:
Education, Department of 379.303 BOND: K - 12 Schools: $118,650,000 in principal for 20 years at 6.75%: Fund the Capital Outlay Program-Regular Advance for local school construction. From State General Funds, $11,829,405 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $118,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
is hereby amended to read as follows:
Education, Department of 379.303 BOND: K - 12 Schools: $116,450,000 in principal for 20 years at 6.75%: Fund the Capital Outlay Program-Regular Advance for local school construction. From State General Funds, $11,610,065 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 $116,450,000 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 2014-2015 (Ga. L. 2014, Volume One, Appendix, commencing at p. 1 of 139, 134, Act No. 632, 2014 Regular Session, H.B. 744), which read as follows:
[Bond # 113] From State General Funds, $312,390 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 $1,350,000 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:
THURSDAY, FEBRUARY 19, 2015
1003
[Bond # 113] From State General Funds, $312,390 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 $1,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Section 52: Salary Adjustments The appropriations to budget units made above include funds for, and have the added purpose of, the following salary increases and adjustments, to be administered in conformity with the applicable compensation and performance management plans as provided by law:
1.) An amount equivalent to 1% of personal services for employees of the Executive, Judicial, and Legislative Branches, excluding Board of Regents faculty and Technical College System of Georgia teachers and support personnel, to be used for merit based pay increases for high performing employees in Fiscal Year 2014 and salary adjustments to attract new employees with critical skills or keep successful performers in critical jobs. The amount for this Item is calculated according to an effective date of July 1, 2014.
2.) Before Item 1 above, but not in lieu of it, funds for supplementary salary adjustments to address employee retention needs for certain employees in the job titles specified in the appropriations stated above to the Department of Audits and Accounts, Department of Agriculture, Department of Banking and Finance, Department of Corrections, State Forestry Commission, Georgia Bureau of Investigation, Department of Juvenile Justice, Department of Law, Department of Natural Resources and Prosecuting Attorneys. The amount for this Item is calculated according to an effective date of July 1, 2014.
3.) In lieu of other numbered items, funds for the State Board of Education for the Quality Basic Education program, such funds to be used by the Quality Basic Education program for the purpose of reducing or eliminating furlough days, increasing instructional days, and providing salary increases to teachers in local education authorities. The amount for this Item is calculated according to an effective date of July 1, 2014.
4.) In lieu of other numbered items, an amount equivalent to 1% of personal services for non-faculty employees of the Board of Regents, to be used for merit based pay increases for high performing employees in Fiscal Year 2014 and salary adjustments to attract new employees with critical skills or to keep successful performers in critical jobs. The amount for this Item is calculated according to an effective date of July 1, 2014.
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5.) In lieu of other numbered items, to provide funds for supplementary salary adjustments to address needs for the recruitment and retention of Board of Regents faculty, funded through the Teaching program appropriation stated above. The amount for this Item is calculated according to an effective date of July 1, 2014.
6.) In lieu of other numbered items, an amount equivalent to 1% of personal services for public librarians, funded through the Public Libraries appropriation stated above, to be used for merit based pay increases for high performing employees in Fiscal Year 2014 and salary adjustments to attract new employees with critical skills or keep successful performers in critical jobs as administered by the Board of Regents. The amount for this Item is calculated according to an effective date of July 1, 2014.
7.) In lieu of other numbered items, an amount equivalent to 1% of personal services for teachers and support personnel within the Technical College System of Georgia, to be used for merit based pay increases for high performing employees in Fiscal Year 2014 and salary adjustments to attract new employees with critical skills or to keep successful performers in critical jobs. The amount for this Item is calculated according to an effective date of July 1, 2014.
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
THURSDAY, FEBRUARY 19, 2015
1005
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 rightmost 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, 53 and 54 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.
For purposes of the appropriations for the "Medicaid: Low-Income Medicaid," "Medicaid: Aged, Blind, and Disabled," and "PeachCare" 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 programs 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 three 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."
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JOURNAL OF THE HOUSE
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.
The following amendment was read and adopted:
Representative England of the 116th offers the following amendment:
Amend the Senate substitute to HB 75 by inserting the numbered sections and amounts appropriated therefor as contained in the attached document "HB 75 Senate Substitute As Amended By the House" in lieu of the corresponding numbered sections and amounts appropriated therefor as contained in the Senate substitute, which are hereby stricken:
HB 75 SENATE SUBSTITUTE AS AMENDED BY THE HOUSE AMENDED FISCAL YEAR 2015 APPROPRIATIONS BILL
FUND AVAILABILITY State General Fund Revenue Estimate Motor Fuel Funds Lottery for Education Tobacco Settlement Funds Brain and Spinal Injury Trust Fund Nursing Home Provider Fees Hospital Provider Payment Payments from Georgia Ports Authority Payments from Georgia Building Authority Payments from Workers' Compensation
GOVERNOR'S RECOMMENDATION
$ 18,578,742,359 997,332,591 947,948,052 142,366,772 1,784,064 167,969,114 261,400,702 10,038,188 595,934 4,728,320
$ 21,112,906,096
HOUSE $ 18,578,742,359
997,332,591 947,948,052 142,366,772
1,784,064 167,969,114 261,400,702 10,038,188
595,934 4,728,320
$ 21,112,906,096
SENATE $ 18,578,742,359
997,332,591 947,948,052 142,366,772
1,784,064 167,969,114 261,400,702 10,038,188
595,934 4,728,320
$ 21,112,906,096
HOUSE AMEND TO SENATE SUB $ 18,578,742,359 997,332,591 947,948,052 142,366,772 1,784,064 167,969,114 261,400,702 10,038,188 595,934 4,728,320
$ 21,112,906,096
Section 5: Appeals, Court of
5.1
Court of Appeals
5.1.3. Increase funds to fill one vacant full-time central staff
HB 75 - Senate Substitute As Amended By The House
Gov's Recommendation
House Version
State Funds
Total Funds
State Funds
Total Funds
Senate Version
State Funds
Total Funds
Sen Sub as Amended
State Funds
Total Funds
37,297
37,297
0
0
37,297
37,297
37,297
37,297
THURSDAY, FEBRUARY 19, 2015
1007
attorney position.(H:No)(S:Yes)(CC:Yes)
Section 6: Judicial Council
6.4
Judicial Council
6.4.1.
Increase funds for three compliance monitor positions and operating expenses to effectively and efficiently register and regulate misdemeanor probation providers.[County and Municipal Probation Advisory Council] (S:Increase funds for personnel for one new compliance monitor position and operations to effectively and efficiently register and regulate misdemeanor probation providers.)(CC:Increase funds for personnel for one new compliance monitor position and operations to effectively and efficiently register and regulate misdemeanor probation providers.)
Section 12: Administrative Services, Department of
12.5
Risk Management
12.5.1.
Reduce funds from the Peace Officer Indemnification Trust Fund to meet projected need.[Indemnification Fund Support]
Section 16: Community Affairs, Department of
16.13 Payments to Georgia Regional Transportation Authority
16.13.1 Increase funds for Xpress operations. .
Section 17: Community Health, Department of
17.5
Healthcare Facility Regulation
17.5.2.
Increase funds for eight additional nurse surveyors effective April 1, 2015. [Direction and Program Support] (H:No)(S:Yes; Increase funds for personnel for four additional nurse surveyors effective April 1, 2015.)(CC:Yes; Increase funds for personnel for four additional nurse surveyors effective April 1, 2015.)
Section 18: Corrections, Department of
18.1
County Jail Subsidy
18.1.1. Reduce funds to meet projected expenditures.
18.2
Departmental Administration
18.2.2. Reduce funds to meet projected expenditures.
Section 20: Driver Services, Department of
20.2
License Issuance
20.2.2.
Eliminate funds for one-time funding for rent for the Fulton Customer Service Center.[Full Service Centers] (CC:No)
HB 75 - Senate Substitute As Amended By The House
Gov's Recommendation
House Version
State Funds
Total Funds
State Funds
Total Funds
88,217
88,217
88,217
88,217
-
-
-
-
1,554,683
1,554,683
1,554,683
1,554,683
102,731
205,461
0
0
-
-
(566,724)
(566,724)
-
-
-
-
-
-
-
-
Senate Version
State Funds
Total Funds
42,022
42,022
-
-
777,342
777,342
51,366
102,731
(546,724) (20,000)
(546,724) (20,000)
(300,000)
(300,000)
Sen Sub as Amended
State Funds
Total Funds
42,022
42,022
(1,000,000)
(1,000,000)
777,342
777,342
51,366
102,731
(556,218) (20,000)
(556,218) (20,000)
0
0
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JOURNAL OF THE HOUSE
Section 22: Economic Development, Department of
22.1
Departmental Administration
22.1.1. 22.8
Increase funds for one position and operating expenses to support international relations and trade events. Tourism
22.8.1.
Increase funds for the Georgia Civil War Commission.[Tourism, Marketing and Promotion]
Section 23: Education, Department of 23.14 Quality Basic Education Equalization
23.14.1 .
Provide funds to school systems to avoid a funding shortfall in FY 2016 and ensure compliance with O.C.G.A. 20-2-165.(S:Consider in the FY 2016 General budget)
Section 26: Governor, Office of the
26.9
Governor's Office of Consumer Protection
26.9.1.
Reduce funds for personal services to reflect projected expenditures.
Section 27: Human Services, Department of
27.6
Child Welfare Services
27.6.2.
Provide funds for the Court Appointed Special Advocates (CASA) program to address an increase in the cost of providing criminal background investigations.
Section 28: Insurance, Office of the Commission of
28.3
Fire Safety
28.3.2. 28.3.3.
Increase funds for operations and vehicles, recognizing that the agency has $63,658 remaining in their motor vehicle purchasing budget. Provide funds for implementation of a fire safety management and reporting system.
Section 30: Juvenile Justice, Department of
30.4
Secure Detention (RYDCs)
30.4.2.
Reduce funds to meet projected expenditures.[RYDC Services]
Section 33: Natural Resources, Department of
33.9
Wildlife Resources
33.9.2.
Increase funds to meet projected expenditures in local tax digest payments per Code Section 48-14-4.[Game Management]
Section 39: Public Service Commission
39.3
Utilities Regulation
39.3.1.
Increase funds for one cost review analyst for the Plant Vogtle project.
147,037 -
(46,753) -
147,037 -
147,037 -
147,037 -
-
7,478,573
7,478,573
(46,753)
(46,753)
(46,753)
-
12,500
12,500
-
-
-
-
-
-
-
-
-
-
-
-
-
45,000
45,000
132,037 30,000
0
(78,815) 25,000 86,342 30,000
132,037 30,000
132,037 20,000
132,037 20,000
0
8,299,466
8,299,466
(78,815)
(46,753)
(46,753)
25,000
20,000
20,000
86,342 -
43,171 622,219
43,171 622,219
-
(1,000,000)
(1,000,000)
-
105,000
105,000
30,000
30,000
30,000
Section 40: Regents, University System of Georgia 40.14 Public Service/Special Funding Initiatives
40.14.2 .
Provide funds to establish the Georgia Film Academy through a cooperative partnership between the University System and the Technical College System.[Workforce Development Digital Media]
Section 41: Revenue, Department of
41.2
Departmental Administration
41.2.1. 41.5
Transfer funds from the Industry Regulation ($50,000) and Revenue Processing ($100,000) programs to meet projected expenditures.
Industry Regulation
41.5.1. 41.6
Transfer funds to the Technology Support Services ($550,000) and Departmental Administration ($50,000) programs to meet projected expenditures.[Licenses and Permits]
Local Government Services
41.6.1. 41.8
Transfer funds to the Office of Special Investigations program to meet projected expenditures.[Local Government Services]
Motor Vehicle Registration and Titling
41.8.1. 41.9
Increase funds to meet projected expenditures.[Tag and Title Registration]
Office of Special Investigations
41.9.1. 41.10
Transfer funds from the Local Government Services program to meet projected expenditures. Revenue Processing
41.10.1 .
41.13
Transfer funds to the Departmental Administration ($100,000) and Motor Vehicle Registration and Titling ($500,000) programs to meet projected expenditures.[Returns Processing]
Technology Support Services
41.13.1 Transfer funds from the Industry Regulation program to
.
meet projected expenditures.
Section 42: Secretary of State
42.2
Elections
42.2.1.
Provide funds for four positions and operating expenses.[Election Administration] (H & S:Provide funds for four positions and operating expenses for four months.)(CC:Provide funds for four positions and operating expenses for four months.)
Section 43: Soil and Water Conservation Commission
43.3
Conservation of Soil and Water Resources
43.3.1.
Reduce funding for two vacant positions.[Urban Lands] (S:No)(CC:Yes)
Section 46: Technical College System of Georgia
46.1
Adult Education
THURSDAY, FEBRUARY 19, 2015
1009
515,600
515,600
515,600
515,600
515,600
515,600
647,875
647,875
-
-
-
-
-
-
150,000
150,000
-
-
-
-
-
-
(600,000)
(600,000)
-
-
-
-
-
-
(75,000)
(75,000)
-
-
-
-
-
-
1,500,000
1,500,000
-
-
-
-
-
-
75,000
75,000
-
-
-
-
-
-
(600,000)
(600,000)
-
-
-
-
-
-
550,000
550,000
173,119
173,119
138,532
138,532
131,061
131,061
131,061
131,061
-
-
(68,458)
(68,458)
0
0
(37,678)
(37,678)
1010
46.1.1.
Utilize existing funds in Adult Education to recognize savings in the program and fund maintenance and repairs ($150,000).[Adult Basic Education] (S:Yes)(CC:No)
Section 47: Transportation, Department of
47.9
Planning
47.9.1. 47.10
Transfer $5,594,170 in prior year funds to the Routine Maintenance program. Routine Maintenance
47.10.1 .
47.10.2 . 47.12
Increase funds for additional service agreements.[Bridges and Roadways] (CC:Utilize prior year funds.) Reduce funds.[Bridges and Roadways] (CC:Utilize prior year funds.)
Payments to State Road and Tollway Authority
47.12.2 Increase funds for the Georgia Transportation
.
Infrastructure Bank.
Section 50: General Obligation Debt Sinking Fund
50.1
GO Bonds Issued
50.1.3. Provide funds for debt service due in FY 2016.(CC:No)
JOURNAL OF THE HOUSE
-
-
-
-
0
0
0
4,382,231
-
4,382,231
-
4,382,231
-
4,382,231
-
0 (1,211,939) 5,594,170
0 (1,211,939) 5,594,170
0 0 (1,211,939) 5,594,170
-
-
-
-
8,385,679
8,385,679
0
0
0 4,382,231
0 5,594,170
0
THURSDAY, FEBRUARY 19, 2015
1011
Representative England of the 116th moved that the House agree to the Senate substitute, as amended by the House, to HB 75.
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 E Barr Y Battles Y Beasley-Teague Y Bell Y Belton E Bennett Y Bentley Y Benton Y Beskin E Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley
Kendrick E Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris E Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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.
Representative England of the 116th asked unanimous consent that HB 75 be immediately transmitted to the Senate.
It was so ordered.
1012
JOURNAL OF THE HOUSE
Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 100. By Representatives Dickson of the 6th, Epps of the 144th, Greene of the 151st, England of the 116th and Coleman of the 97th:
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 change provisions relating to the date by which a child must reach a certain age in order to be eligible for enrollment in certain educational programs; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change provisions relating to the date by which a child must reach a certain age in order to be eligible for enrollment in certain educational programs; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising subsection (a) of Code Section 20-2150, relating to eligibility for enrollment, as follows:
"(a) Except as otherwise provided by subsection (b) of this Code section, all children and youth who have attained the age of five years by September 1 August 1 for school year 2017-2018 or by July 1 for school year 2018-2019 and thereafter shall be eligible for enrollment in the appropriate general education programs authorized in this part unless they attain the age of 20 by September 1 August 1 for school year 2017-2018 or by July 1 for school year 2018-2019 and thereafter or they have received high school diplomas or the equivalent. This shall specifically include students who have reenrolled after dropping out and who are married, parents, or pregnant. Special education students shall also be eligible for enrollment in appropriate education programs through age 21 or until they receive high school or special education diplomas or the equivalent; provided, however, they were enrolled during the preceding school year and had an approved Individualized Education Program (IEP) which
THURSDAY, FEBRUARY 19, 2015
1013
indicated that a successive year of enrollment was needed. Other students who have not yet attained age 21 by September 1 August 1 for school year 2017-2018 or by July 1 for school year 2018-2019 and thereafter or received high school diplomas or the equivalent shall be eligible for enrollment in appropriate education programs, provided they have not dropped out of school for one quarter or more. Each local unit of administration shall have the authority to assign students who are married, parents, or pregnant or who have reenrolled after dropping out one quarter or more to programs of instruction within its regular daytime educational program, provided that a local unit of administration may develop and implement special programs of instruction limited to such students within the regular daytime educational program or, at the option of the student, in an alternative program beyond the regular daytime program; provided, further, that such programs of instruction are designed to enable such students to earn course credit toward receiving high school diplomas. These programs may include instruction in prenatal care and child care. Each local unit of administration shall have the authority to provide alternative programs beyond the regular daytime educational program. Unless otherwise provided by law, the State Board of Education shall have the authority to determine the eligibility of students for enrollment. It is declared to be the policy of this state that general and occupational education be integrated into a comprehensive educational program which will contribute to the total development of the individual."
SECTION 2. Said chapter is further amended by revising subsection (b) of Code Section 20-2-151, relating to general and career education programs, as follows:
"(b) The following general and career education programs are authorized for purposes of funding under this article:
(1)(A) All local school systems may offer a full-day kindergarten program. For purposes of this subsection, the term 'full-day kindergarten program' means a student is provided classroom instruction for a minimum of four and one-half hours daily for a 180 day school year, or the equivalent thereof as determined in accordance with State Board of Education guidelines. (B) It is the policy of this state that the purposes of the kindergarten program shall be to provide all children with an equal opportunity to become prepared for a successful first grade experience and to acquire the foundation for academic progress throughout the students' educational careers. To be eligible for enrollment in a state supported kindergarten program, a child must attain the age of five by September 1 August 1 for school year 2017-2018 or by July 1 for school year 20182019 and thereafter, except as otherwise provided by subsection (b) of Code Section 20-2-150; (2) It is the policy of this state that the purpose of the primary grades program shall be mastery by enrolled students of the essential basic skills and knowledge which will enable them to achieve more advanced skills and knowledge offered at the higher grade levels. For purposes of funding under this article, the primary grades program
1014
JOURNAL OF THE HOUSE
shall include grades one, two, and three. To be eligible for enrollment in the first grade of a state supported primary grades program, a child must attain the age of six by September 1 August 1 for school year 2017-2018 or by July 1 for school year 2018-2019 and thereafter, except as otherwise provided by subsection (b) of Code Section 20-2-150. The State Board of Education shall adopt an instrument or instruments, procedures, and policies necessary to assess the first grade readiness of children enrolled in Georgia's public school kindergarten programs pursuant to Code Section 20-2-281. Readiness information obtained by the instrument or instruments adopted by the state board shall be used by local school systems in concert with teacher recommendations and other relevant information to make appropriate student grade placement decisions. The Department of Education shall develop guidelines for utilization of the instrument or instruments in grade placement decisions and shall provide such guidelines to local school systems. The guidelines shall include information pertinent to consideration of the placement of students who have been identified as being disabled or limited-English-proficient. Whenever the decision is made not to promote a child to the first grade, the local school system shall document the reasons for the decision not to promote, according to guidelines established by the board. The State School Superintendent shall annually provide a report summarizing the results of the readiness of first grade Georgia public school kindergarten children. No student shall remain in kindergarten for more than two years; (3) It is the policy of this state that the primary purposes of the middle grades program shall be assuring the mastery of essential basic skills and knowledge, assisting students in the transition from childhood to adolescence, and preparing students for the selection of programs and courses consistent with their abilities and interests when they enter high school, as well as providing an opportunity for mastery of essential but more advanced skills and knowledge. For purposes of funding under this article, the middle grades program shall include grades four, five, six, seven, and eight; and
(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 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 career, technical, and agricultural education 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 career, technical, and agricultural education laboratory program."
THURSDAY, FEBRUARY 19, 2015
1015
SECTION 3. Said chapter is further amended by revising subsection (c) of Code Section 20-2-690.1, relating to mandatory education for children between ages six and 16, as follows:
"(c) Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $25.00 and not greater than $100.00, imprisonment not to exceed 30 days, community service, or any combination of such penalties, at the discretion of the court having jurisdiction. Each day's absence from school in violation of this part after the child's school system notifies the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence for a child shall constitute a separate offense. After two reasonable attempts to notify the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence without response, the school system shall send a notice to such parent, guardian, or other person by certified mail, return receipt requested, or first-class mail. Prior to any action to commence judicial proceedings to impose a penalty for violating this subsection on a parent, guardian, or other person residing in this state who has control or charge of a child or children, a school system shall send a notice to such parent, guardian, or other person by certified mail, return receipt requested. Public schools shall provide to the parent, guardian, or other person having control or charge of each child enrolled in public school a written summary of possible consequences and penalties for failing to comply with compulsory attendance under this Code section for children and their parents, guardians, or other persons having control or charge of children. The parent, guardian, or other person who has control or charge of a child or children shall sign a statement indicating receipt of such written statement of possible consequences and penalties; children who are age ten years or older by September 1 August 1 for school year 2017-2018 or by July 1 for school year 2018-2019 and thereafter shall sign a statement indicating receipt of such written statement of possible consequences and penalties. After two reasonable attempts by the school to secure such signature or signatures, the school shall be considered to be in compliance with this subsection if it sends a copy of the statement, via certified mail, return receipt requested, or first-class mail, to such parent, guardian, or other person who has control or charge of a child or children. Public schools shall retain signed copies of statements through the end of the school year."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
1016
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 N Allison N Anderson Y Atwood Y Ballinger E Barr Y Battles Y Beasley-Teague N Bell Y Belton E Bennett Y Bentley Y Benton Y Beskin E Beverly Y Broadrick N Brockway Y Brooks N Bruce N Bryant N Buckner Y Burns Y Caldwell, J N Caldwell, M N Cantrell Y Carson Y Carter N Casas Y Chandler
Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman N Cooke
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson N Dollar N Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo N Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd
Fludd N Frazier N Frye N Gardner Y Gasaway Y Geisinger Y Glanton Y Golick N Gordon N Gravley Y Greene N Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson N Hightower Y Hitchens N Holcomb Y Holmes Y Houston N Howard N Hugley N Jackson N Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L N Jones, S E Jordan Y Kaiser N Kelley N Kendrick E Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden N Mabra N Marin Y Martin Y Maxwell
Mayo McCall Y McClain
Y Meadows N Mitchell Y Morris E Mosby Y Nimmer Y Nix Y Oliver Y O'Neal N Pak Y Parrish
Parsons E Peake N Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett N Quick Y Raffensperger N Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice
Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sims
N Smith, E Y Smith, L E Smith, M Y Smith, R N Smyre Y Spencer Y Stephens, M Y Stephens, R N Stephenson Y Stovall N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. Y Thomas, E Y Trammell N Turner N Waites Y Watson Y Welch Y Weldon Y Werkheiser N Wilkerson Y Wilkinson Y Willard
Williams, A N Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 110, nays 53.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
THURSDAY, FEBRUARY 19, 2015
1017
SB 5.
By Senators Cowsert of the 46th, Watson of the 1st and Ligon, Jr. of the 3rd:
A BILL to be entitled an Act to amend Code Section 52-2-9 of the Official Code of Georgia Annotated, relating to general powers of the Georgia Ports Authority, so as to provide for powers of the authority with respect to acceptance of loans or grants from the United States upon certain terms and conditions; 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 E Barr Y Battles Y Beasley-Teague Y Bell Y Belton E Bennett Y Bentley Y Benton Y Beskin E Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick E Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo McCall Y McClain
Y Meadows Y Mitchell Y Morris E Mosby Y Nimmer
Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves
Rhodes Y Rice
Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson
Welch Y Weldon Y Werkheiser
Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
1018
JOURNAL OF THE HOUSE
On the passage of the Bill, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 164. By Representatives Martin of the 49th and Casas of the 107th:
A BILL to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the regulation of certificated professional personnel by the Professional Standards Commission, so as to extend the suspension of professional learning requirements for certification renewal; to extend the timeline for revision of certification renewal rules 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 Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the regulation of certificated professional personnel by the Professional Standards Commission, so as to extend the suspension of professional learning requirements for certification renewal; to extend the timeline for revision of certification renewal rules 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. Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the regulation of certificated professional personnel by the Professional Standards Commission, is amended by revising paragraphs (4) and (4.1) of subsection (b) as follows:
"(4) Requirements for certification renewal shall be established to foster ongoing professional learning, enhance student achievement, and verify standards of ethical conduct; provided, however, that from July 1, 2010, through July 1, 2015 June 30, 2017, no professional learning requirements shall be required for certificate renewal for clear renewable certificates for certificated personnel or for certificate renewal for paraprofessionals. Such requirements may include, but are not limited to, professional learning related to school improvement plans or the applicant's field of certification and background checks. Should the Professional Standards Commission include a requirement to demonstrate computer skill competency, the rules and regulations shall provide that a certificated educator may elect to meet the
THURSDAY, FEBRUARY 19, 2015
1019
requirement by receiving satisfactory results on a test in basic computer skill competency. If a certificated educator elects to take such test pursuant to this paragraph, the local school system by which such educator is employed shall make available the opportunity to take the test on site at the school in which the educator is assigned. Each principal shall identify an administrator on site at each school to serve as a proctor for individuals taking the test pursuant to this paragraph. Individuals holding a valid Georgia life certificate or a valid National Board for Professional Teaching Standards certificate shall be deemed to have met state renewal requirements except those related to background checks. (4.1) Prior to July 1, 2015 2017, the Professional Standards Commission shall revise its certification renewal rules established pursuant to paragraph (4) of this subsection, to require demonstration of the impact of professional learning on educator performance and student learning for purposes of certification renewal. Such revised rules shall be effective beginning July 1, 2015 2017. As part of the revision process, the Professional Standards Commission shall establish a task force to determine the level of evidence necessary for educators to demonstrate the impact of professional learning and how such evidence will be collected and submitted for purposes of certificate renewal."
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 E Barr Y Battles Y Beasley-Teague Y Bell Y Belton E Bennett Y Bentley Y Benton Y Beskin E Beverly Y Broadrick Y Brockway Y Brooks
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L
Y Meadows Y Mitchell Y Morris E Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M.
1020
JOURNAL OF THE HOUSE
Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M
Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick E Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo McCall Y McClain
Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice
Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 227. By Representatives Duncan of the 26th, Martin of the 49th, Rutledge of the 109th, Pak of the 108th, Kelley of the 16th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use taxation, so as to remove programmable thermostats from the definition of Energy Star Qualified Product for purposes of the state sales tax holiday; 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 E Barr Y Battles Y Beasley-Teague Y Bell Y Belton E Bennett
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner
Y Harbin Y Harden Y Harrell
Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard
Y Meadows Y Mitchell Y Morris E Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake
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
THURSDAY, FEBRUARY 19, 2015
1021
Y Bentley Y Benton Y Beskin E Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick E Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo McCall Y McClain
Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw
Ramsey Y Randall Y Reeves
Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Tankersley Y Tanner Y Tarvin
Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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.
By unanimous consent, the following Bill of the House was postponed until the next legislative day:
HB 117. By Representatives Hamilton of the 24th, Pruett of the 149th, Fleming of the 121st, Strickland of the 111th, Kirby of the 114th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the O.C.G.A., relating to employment security, so as to change certain provisions relating to employment security; to modify the definition of the term "most recent employer"; to amend Code Section 50-36-1 of the O.C.G.A., relating to requirements, procedures, and conditions for verification of lawful presence within the United States, exceptions, regulations, and criminal and other penalties for violations, so as to provide a method for such verification of lawful presence that may be utilized in conjunction with the electronic filing of an application for unemployment insurance with the Department of Labor; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
1022
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 198. By Representatives Dempsey of the 13th, Dickson of the 6th, Cooper of the 43rd, Chandler of the 105th, Coleman of the 97th and others:
A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to require annual suicide prevention education training for certificated school system personnel; to provide that no cause of action is created; to provide that no duty of care is created; to provide a short title; to provide for legislative findings; 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 E Barr Y Battles Y Beasley-Teague Y Bell Y Belton E Bennett Y Bentley Y Benton Y Beskin E Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner
Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick E Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin
Y Meadows Y Mitchell Y Morris E Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice
Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A
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Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Martin Y Maxwell
Mayo McCall Y McClain
Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 95. By Representatives Tanner of the 9th, England of the 116th, Peake of the 141st, Carter of the 175th, Broadrick of the 4th and others:
A BILL to be entitled an Act to amend Code Section 36-83-8 of the Official Code of Georgia Annotated, relating to the local government investment pool, so as to provide for a trust fund managed by the state treasurer; 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 E Barr Y Battles Y Beasley-Teague
Bell Y Belton E Bennett Y Bentley Y Benton Y Beskin E Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick E Kidd Y Kirby Y Knight
Y Meadows Y Mitchell Y Morris E Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett
Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser
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Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo McCall Y McClain
Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:
HB 75. 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 be entitled an Act to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2014, and ending June 30, 2015, known as the "General Appropriations Act," Act No. 632, approved April 28, 2014 (Ga. L. 2014, Volume One, Appendix, commencing at page 1 of 139), 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 repeal conflicting laws; and for other purposes.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 427. By Representatives Hightower of the 68th, Powell of the 32nd, Gravley of the 67th, Jasperse of the 11th, Taylor of the 173rd and others:
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A RESOLUTION commending the Emergency Management Association of Georgia, recognizing February 25, 2015, as Emergency Management Association Day at the capitol, and inviting the association to be recognized by the House of Representatives; and for other purposes.
HR 428. By Representatives Jacobs of the 80th, Abrams of the 89th, Pak of the 108th, Wilkinson of the 52nd, Oliver of the 82nd and others:
A RESOLUTION recognizing the month of April, 2015, 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 Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation:
HR 422 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 422. By Representatives Ehrhart of the 36th and Harbin of the 122nd:
A RESOLUTION commending Lucas Teague 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 429. By Representative Kaiser of the 59th:
A RESOLUTION honoring the life and memory of Joseph "Big Joe" Campbell; and for other purposes.
HR 430. By Representatives Kaiser of the 59th, Coleman of the 97th, Clark of the 101st, Dickson of the 6th and Glanton of the 75th:
A RESOLUTION commending Atlanta Neighborhood Charter School on their commitment to excellence and congratulating them for being named Georgia Charter Schools Association's 2015 Charter School of the Year; and for other purposes.
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HR 431. By Representative Gasaway of the 28th:
A RESOLUTION commending Danny Joe Godfrey upon being honored with the Quilt of Valor; and for other purposes.
HR 432. By Representatives Gasaway of the 28th and Rogers of the 10th:
A RESOLUTION honoring the staff and students of Level Grove Elementary School for being named a 2014 Georgia Department of Education Reward School in the category of Highest Progress; and for other purposes.
HR 433. By Representatives Gasaway of the 28th and Rogers of the 10th:
A RESOLUTION honoring the staff and students of Cornelia Elementary School for being named a 2014 Georgia Department of Education Reward School in the category of Highest Progress; and for other purposes.
HR 434. By Representative Pak of the 108th:
A RESOLUTION recognizing March 11, 2015, as World Plumbing Day; and for other purposes.
HR 435. By Representative Dudgeon of the 25th:
A RESOLUTION commending Joseph Dugan Walker for his contributions to his community; and for other purposes.
HR 436. By Representative Dudgeon of the 25th:
A RESOLUTION commending Hunter Waddell Winkler for his contributions to his community; and for other purposes.
HR 437. By Representative Dudgeon of the 25th:
A RESOLUTION commending Lian M. Leduc for her contributions to her community; and for other purposes.
HR 438. By Representative Dudgeon of the 25th:
A RESOLUTION commending Margaret Lynn Walker for her contributions to her community; and for other purposes.
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HR 439. By Representative Dudgeon of the 25th:
A RESOLUTION commending Amanda Elizabeth Godwin for her contributions to her community; and for other purposes.
HR 440. By Representative Dudgeon of the 25th:
A RESOLUTION commending Drew Dockter for his contributions to his community; and for other purposes.
HR 441. By Representative Dudgeon of the 25th:
A RESOLUTION commending Maribeth Cooper for her contributions to her community; and for other purposes.
HR 442. By Representative Dudgeon of the 25th:
A RESOLUTION commending Ethan Anderson for his contributions to his community; and for other purposes.
HR 443. By Representative Dudgeon of the 25th:
A RESOLUTION commending Darby K. Walser for her contributions to her community; and for other purposes.
HR 444. By Representatives Stephens of the 165th, Gordon of the 163rd, Bryant of the 162nd and Stephens of the 164th:
A RESOLUTION commending La Teah Sheray Lockett; and for other purposes.
HR 445. By Representatives Carson of the 46th, Marin of the 96th, Ehrhart of the 36th, Roberts of the 155th, England of the 116th and others:
A RESOLUTION recognizing February 25, 2015, as Boy Scout Day at the state capitol; and for other purposes.
HR 446. By Representatives Carson of the 46th, Jones of the 47th, Maxwell of the 17th and Thomas of the 56th:
A RESOLUTION commending Georgia State University student-athlete Hannah Patricia Stefanoff; and for other purposes.
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HR 447. By Representatives Corbett of the 174th, Douglas of the 78th, Mabra of the 63rd, Martin of the 49th and McClain of the 100th:
A RESOLUTION commending Octavis Johnson on his athletic accomplishments and congratulating him on signing a football scholarship with the University of South Carolina; and for other purposes.
HR 448. By Representatives Evans of the 42nd, Rogers of the 10th, Gasaway of the 28th, Ralston of the 7th, Golick of the 40th and others:
A RESOLUTION honoring the life and memory of Madison "Madie" Taylor Wilbanks; and for other purposes.
HR 449. By Representatives Henson of the 86th, Drenner of the 85th, Holcomb of the 81st, Williams of the 87th and Mitchell of the 88th:
A RESOLUTION commending Tom Ulbricht for his service with Northlake Community Alliance; and for other purposes.
Representative England of the 116th moved that the following Bill of the House be immediately transmitted to the Governor:
HB 75. 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 be entitled an Act to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2014, and ending June 30, 2015, known as the "General Appropriations Act," Act No. 632, approved April 28, 2014 (Ga. L. 2014, Volume One, Appendix, commencing at page 1 of 139), 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 repeal conflicting laws; and for other purposes.
The motion prevailed.
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 Regulated Industries:
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HB 340. By Representatives Petrea of the 166th, Stephens of the 164th, Hitchens of the 161st, Bryant of the 162nd and Gordon of the 163rd:
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 change certain provisions relating to such sales on Sunday during the St. Patrick's Day holiday period; to provide an effective date; 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 184 Do Pass
Respectfully submitted, /s/ Morris of the 156th
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 Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 106 Do Pass HR 281 Do Pass
Respectfully submitted, /s/ Dollar of the 45th
Chairman
Representative Willard of the 51st District, Chairman of the Committee on Judiciary, submitted the following report:
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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 51 Do Pass, by Substitute HB 197 Do Pass, by Substitute
HB 99 Do Pass, by Substitute HB 207 Do Pass
Respectfully submitted, /s/ Willard of the 51st
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 297 Do Pass
Respectfully submitted, /s/ Maxwell of the 17th
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 213 Do Pass, by Substitute HB 214 Do Pass, by Substitute
Respectfully submitted, /s/ Roberts of the 155th
Chairman
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Representative O'Neal of the 146th moved that the House stand in recess until 4:00 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 4:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.
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Representative Hall, Atlanta, Georgia
Friday, February 20, 2015
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 E Alexander
Allison Atwood Ballinger E Barr Battles E Beasley-Teague Bell Belton Bennett Bentley Benton Beskin E Beverly Broadrick Brockway Brooks Bruce E Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter Chandler Cheokas Clark, D Clark, H Clark, V Coleman Cooke
Coomer Cooper Corbett E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson E Dollar Douglas Drenner Dudgeon E Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway Geisinger Glanton Golick Gordon Gravley Greene
Hamilton Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J.B. Jones, S E Jordan Kaiser Kelley E Kidd Kirby Knight LaRiccia Lumsden Mabra Marin Martin Maxwell Mayo McCall Meadows Mitchell
Morris Mosby Nimmer Nix O'Neal Pak Parrish Parsons E Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott E Setzler Sharper Shaw Sims
Smith, E Smith, L E Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R Stovall Stover Strickland Tankersley Tanner Tarvin E Taylor, D Taylor, T Teasley Thomas, E Trammell Turner E Waites Watson Welch Werkheiser 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, Casas of the 107th, Floyd of the 99th, Jacobs of the 80th, Kendrick of the 93rd, McClain of the 100th, Oliver of the 82nd, Stephenson of the 90th, and Thomas of the 56th.
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1033
They wished to be recorded as present.
Prayer was offered by Reverend Chuck Cook, Student Pastor, Northeast Church, Braselton, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 396. By Representatives Knight of the 130th, Harrell of the 106th, Battles of the 15th, Williamson of the 115th and 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 clarify the penalty for failure to file return or pay revenue held in trust for the state; to prevent the obstruction of officials levying tax executions; to clarify the definition of prescription; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Ways & Means.
HB 397. By Representatives Knight of the 130th, Roberts of the 155th, Houston of the 170th, Nimmer of the 178th, McCall of the 33rd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to revise provisions relating to the State Soil and Water Conservation Commission; to provide for administrative attachment; to provide for appointment to the commission; to remove authority related to eminent domain; to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to erosion and sedimentation control, so as to provide for erosion manual publication oversight; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 398. By Representative Holmes of the 129th:
A BILL to be entitled an Act to amend an Act to incorporate and grant a new charter to the City of Monticello, approved March 10, 1959 (Ga. L. 1959, p. 2683), as amended, so as to dissolve the municipal court; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 399. By Representatives Spencer of the 180th, Stover of the 71st, Quick of the 117th and Tarvin of the 2nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 7 of Title 31 of the O.C.G.A., relating to county and municipal hospital authorities, so as to revise various requirements and provisions relative to county and municipal hospital authorities; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 400. By Representative Hawkins of the 27th:
A BILL to be entitled an Act to amend an Act incorporating the Town of Clermont in Hall County, approved April 5, 1994 (Ga. L. 1994, p. 4782), as
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1035
amended, so as to completely revise such charter; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 401. By Representatives Efstration of the 104th, Ballinger of the 23rd, Dempsey of the 13th and Broadrick of the 4th:
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; to amend Code Section 16-12-1.1 of the Official Code of Georgia Annotated, relating to restrictions on persons with criminal records with regard to child, family, or group-care facilities, so as to revise terminology; to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards in buildings presenting special hazards to persons or property, so as to revise terminology; 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 402. By Representatives Lumsden of the 12th, England of the 116th, Broadrick of the 4th, Coleman of the 97th, Dickson of the 6th and others:
A BILL to be entitled an Act to amend Chapter 9 of Title 33 and Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to regulation of insurance rates and workers' compensation, respectively, so as to encourage employers to provide work based learning opportunities for students age 16 and older; to provide for an optional reduction in workers' compensation premiums for employers that provide work based learning; to provide that work based learning students are covered under workers' compensation insurance; to establish criteria for employers providing work based learning; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 403. By Representative Jackson of the 128th:
A BILL to be entitled an Act to create a board of elections and registration for Washington County and to provide for its powers and duties; to define
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certain terms; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 404. By Representative Jackson of the 128th:
A BILL to be entitled an Act to abolish the office of county treasurer of Glascock County; to repeal an Act entitled "An Act to fix the salary of the treasurer of Glascock County," approved August 4, 1917 (Ga. L. 1917, p. 363); to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 405. By Representatives Quick of the 117th, Willard of the 51st, Oliver of the 82nd and Fleming of the 121st:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 13 and Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to the defense of the statute of frauds in contracts and marriage generally, respectively, so as to change provisions relating to agreements required to be in writing; to change provisions relating to marriage articles; to provide for a definition; to clarify provisions relating to antenuptial agreements; to repeal provisions relating to recording certain documents; to modernize terminology and repeal arcane concepts; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 406. By Representative Parsons of the 44th:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to provide for age-appropriate sexual abuse and assault awareness and prevention education in kindergarten through grade 12; to provide that professional learning and in-service training may include programs on sexual abuse and assault awareness and prevention; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
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1037
HB 407. By Representatives Mabra of the 63rd, Broadrick of the 4th, Rogers of the 29th and Bruce of the 61st:
A BILL to be entitled an Act to amend Article 10 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to pain management clinics, so as to require Opioid Education and Pro-Active Addiction Counseling for patients who are prescribed Schedule II or III controlled substances for chronic pain for extended periods; 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 408. By Representatives Willard of the 51st, Raffensperger of the 50th, Geisinger of the 48th and Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to an excise tax on rooms, lodging, and accommodations, so as to clarify the application of certain provisions to certain municipalities; to provide for conditions and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 409. By Representatives Taylor of the 173rd, Sims of the 123rd, Harbin of the 122nd, Cooper of the 43rd, Carter of the 175th and others:
A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance general provisions, so as to provide reimbursement for the treatment of burns for skin substitutes utilizing cadaver derived skin tissue or nonhuman xenographic derived skin tissue; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 410. By Representatives Evans of the 42nd, Carson of the 46th, Reeves of the 34th, Wilkerson of the 38th, Ehrhart of the 36th 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 April 10, 2014 (Ga. L. 2014, p. 4102), so as
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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 411. By Representatives Watson of the 172nd, LaRiccia of the 169th, Shaw of the 176th, Corbett of the 174th, Williams of the 119th and others:
A BILL to be entitled an Act to amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weight of vehicles and loads, so as to provide for the maximum total gross weight for vehicles hauling unfinished wood products when traveling on noninterstate highways; to provide for no restrictions on the weight for vehicle axles hauling such products so long as certain restrictions are met; to provide for a variance for vehicles hauling such products; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 412. By Representatives Hamilton of the 24th, Nimmer of the 178th, Fleming of the 121st, Ehrhart of the 36th, Bryant of the 162nd 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 workers' compensation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 413. By Representatives Turner of the 21st, Caldwell of the 20th, Cantrell of the 22nd, Carson of the 46th and Ballinger of the 23rd:
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.
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HB 414. By Representatives Brockway of the 102nd, Dudgeon of the 25th, Jasperse of the 11th, Kaiser of the 59th, Stovall of the 74th 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 and implement policies and requirements with respect to the collection and disclosure of student data; to provide for related matters; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 415. By Representatives Harbin of the 122nd, Pruett of the 149th, Clark of the 101st, Wilkinson of the 52nd, Nix of the 69th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide that machinery and equipment used in research and development is exempt from sales and use taxes; to provide and revise definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 416. By Representatives Rogers of the 29th, Cooper of the 43rd, Rynders of the 152nd, Kidd of the 145th, Hatchett of the 150th and others:
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 for certain identification by health care practitioners to patients with regard to their license; to provide for a short title; to provide for legislative findings; to provide for definitions; to require that advertisements identify a health care practitioner's license; to require identifiers and signage; to provide for applicability; to provide for violations; 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 417. By Representatives Frye of the 118th, Quick of the 117th, Williams of the 119th, Atwood of the 179th, Hitchens of the 161st and others:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for
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definitions; to require drivers of motor vehicles to stop at crosswalks with pedestrian-activated rectangular rapid flash beacons; to make it unlawful to activate such devices when there is no intent to cross a roadway; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 418. By Representatives Reeves of the 34th, Tanner of the 9th, Efstration of the 104th, Ramsey of the 72nd and Strickland of the 111th:
A BILL to be entitled an Act to amend Code Section 15-12-60 of the Official Code of Georgia Annotated, relating to the qualifications for grand jurors, so as to prohibit certain individuals from serving as grand jurors; to prohibit quashing of indictments when ineligible grand jurors serve on a grand jury; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 419. 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 420. 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 421. By Representatives Nimmer of the 178th, Coomer of the 14th and Dickey of the 140th:
A BILL to be entitled an Act to amend Code Section 47-2-221 of the Official Code of Georgia Annotated, relating to disability allowances payable to personnel for certain disabilities arising in the line of duty, so as to provide
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that community supervision officers employed by the Department of Community Supervision shall be entitled to certain disability benefits; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 422. By Representatives Nimmer of the 178th, Coomer of the 14th and Dickey of the 140th:
A BILL to be entitled an Act to amend Code Section 47-2-323 of the Official Code of Georgia Annotated, relating to membership in retirement system of employees of the Georgia Public Defender Standards Council, creditable service, and contributions, so as to change the name of the council; 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 423. By Representatives Caldwell of the 20th, Pezold of the 133rd, Turner of the 21st, Brockway of the 102nd, Spencer of the 180th and others:
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 that the budget report contain the constitutional authorization for each line item contained in the 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 Appropriations.
HB 424. By Representative Tarvin of the 2nd:
A BILL to be entitled an Act to authorize the governing authority of the City of LaFayette 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.
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HB 425. By Representative Cheokas of the 138th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Americus, approved April 13, 1992 (Ga. L. 1992, p. 5985), as amended, so as to provide for a city manager; to provide for appointment, qualifications, terms, removal, and vacancies; to provide for duties, powers, and responsibilities; to provide for appointment of a city clerk and finance director; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 426. By Representatives Taylor of the 173rd, Smyre of the 135th, Stephens of the 164th, Abrams of the 89th, Sims of the 123rd and others:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide 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 an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HR 425. By Representative Ralston of the 7th:
A RESOLUTION honoring the life of Mr. Roy William Beaver and dedicating an intersection in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 426. By Representatives Gordon of the 163rd, Mitchell of the 88th, Marin of the 96th, Scott of the 76th, Jones of the 62nd and others:
A RESOLUTION encouraging the superior courts to prefer the suspension of the service of a sentence or probation in cases pertaining to the offense of abandonment; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
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HR 450. By Representatives Turner of the 21st, McCall of the 33rd, Kaiser of the 59th, Stover of the 71st, Spencer of the 180th and others:
A RESOLUTION creating the House Study Committee on Genetically Engineered Foods; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 387 HB 389 HB 391 HB 393 HB 395 HR 420 SB 58 SB 93
HB 388 HB 390 HB 392 HB 394 HR 419 HR 421 SB 79
Representative Tankersley of the 160th 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 305 HB 345 HB 379
Do Pass Do Pass Do Pass
HB 329 HB 371 HB 380
Do Pass Do Pass Do Pass
Respectfully submitted, /s/ Tankersley of the 160th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR FRIDAY, FEBRUARY 20, 2015
Mr. Speaker and Members of the House:
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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 160 HB 246 HB 298
Game and fish; trapping of raccoons in certain counties; repeal a provision (GF&P-Dunahoo-30th) Accountants; provide for powers and actions granted to other licensing boards; provisions (SBD-Knight-130th) Certified process servers; sunset and legislative review provisions; repeal (Judy-Jacobs-80th)
Modified Structured Rule
HB 73 HB 320
Public officers; counties and municipalities provide by local law for district durational residency requirements; authorize (GAff-Turner-21st) Scholarships; provide public disclosure of certain records held by Georgia Student Finance Commission, Georgia Higher Education Assistance Corporation and Georgia Student Finance Authority is not required; provisions (HEd-Williams-119th)
Structured Rule
HB 49 HB 63 HB 202
Revenue and taxation; electronic service of certain notices; provide (W&MHarrell-106th) Georgia Employer GED Tax Credit Act of 2015; enact (Substitute)(W&MTanner-9th) Revenue and taxation; provisions regarding ad valorem taxation, assessment, and appeal; provide comprehensive revision (Substitute)(W&M-Battles-15th)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
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1045
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 305. By Representative Jackson of the 128th:
A BILL to be entitled an Act to create the Sandersville School Building Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, and powers; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for the transfer of 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 329. By Representatives Reeves of the 34th, Carson of the 46th, Evans of the 42nd, Setzler of the 35th, Thomas of the 39th and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved May 6, 2013 (Ga. L. 2013, p. 4234), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 4106), so as to change the provisions relating to the corporate limits of the 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 345. By Representatives Trammell of the 132nd and Nix of the 69th:
A BILL to be entitled an Act to amend an Act to incorporate the City of Hogansville in Troup County, Georgia, approved February 13, 1976 (Ga. L. 1976, p. 2588), as amended, so as to provide for certain procedures for the filling of vacancies in the office of mayor or councilmember; to 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 371. By Representatives Corbett of the 174th, Shaw of the 176th, Sharper of the 177th and Carter of the 175th:
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A BILL to be entitled an Act to amend an Act creating a new charter for the City of Lake Park, approved April 17, 1973 (Ga. L. 1973, p. 3074), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4123), so as to provide for the election and terms of office of the mayor and councilmen; 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 379. By Representatives Dickerson of the 113th, Welch of the 110th, Rutledge of the 109th and Belton of the 112th:
A BILL to be entitled an Act to authorize the City of Porterdale 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 380. By Representatives Nix of the 69th, Trammell of the 132nd and Pezold of the 133rd:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Troup County; to provide for severability; to provide a short title; 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 E Alexander Y Allison Y Anderson Y Atwood
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer
Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre
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Y Ballinger E Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin E Beverly Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M
Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
E Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick E Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey
Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T
Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims
Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin E Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner E Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 160, nays 0.
The Bills, having received the requisite constitutional majority, were passed.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 51. By Senators Burke of the 11th, Watson of the 1st, Hufstetler of the 52nd, Millar of the 40th, Miller of the 49th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for substitutions of interchangeable biological products; to define
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certain terms; to provide for requirements and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 65. By Senators Stone of the 23rd, Hill of the 6th, Albers of the 56th, McKoon of the 29th, Jones II of the 22nd 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 the purposes of bankruptcy and intestate insolvent estates, so as to change provisions relating to an exemption; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 38. By Representative Taylor of the 173rd:
A BILL to be entitled an Act to authorize the Magistrate Court of Grady County to impose and collect county law library fees as part of the court costs in the magistrate court; to provide for practices and procedures connected therewith; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 148. By Representatives Dickey of the 140th and Clark of the 147th:
A BILL to be entitled an Act to authorize the governing authority of the City of Byron 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 257. By Representatives Taylor of the 173rd and Powell of the 171st:
A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, so as to restate the provisions of said Act; to provide for the election of a chairperson and vice-chairperson of the board by its members; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 258. By Representatives Taylor of the 173rd and Powell of the 171st:
A BILL to be entitled an Act to abolish the office of treasurer of Decatur County; to provide for the transfer of duties; to repeal an Act to provide compensation for the treasurer of Decatur County, approved August 16, 1915 (Ga. L. 1915, p. 209), as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
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1049
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 51.
By Senators Burke of the 11th, Watson of the 1st, Hufstetler of the 52nd, Millar of the 40th, Miller of the 49th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for substitutions of interchangeable biological products; to define certain terms; to provide for requirements and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
SB 65.
By Senators Stone of the 23rd, Hill of the 6th, Albers of the 56th, McKoon of the 29th, Jones II of the 22nd 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 the purposes of bankruptcy and intestate insolvent estates, so as to change provisions relating to an exemption; 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 Dempsey of the 13th, Smith of the 70th, Taylor of the 79th, Fludd of the 64th, Dudgeon of the 25th, Stover of the 71st, and Glanton of the 75th.
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:
HB 114 Do Pass, by Substitute HB 206 Do Pass
HB 123 Do Pass, by Substitute HB 338 Do Pass
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Respectfully submitted, /s/ Powell of the 32nd
Chairman
The following Resolution of the House was read and referred to the Committee on Rules:
HR 451. By Representative Williamson of the 115th:
A RESOLUTION commending the Social Circle High School wrestling team 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 427 Do Pass HR 428 Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 427. By Representatives Hightower of the 68th, Powell of the 32nd, Gravley of the 67th, Jasperse of the 11th, Taylor of the 173rd and others:
A RESOLUTION commending the Emergency Management Association of Georgia, recognizing February 25, 2015, as Emergency Management Association Day at the capitol, and inviting the association to be recognized by the House of Representatives; and for other purposes.
HR 428. By Representatives Jacobs of the 80th, Abrams of the 89th, Pak of the 108th, Wilkinson of the 52nd, Oliver of the 82nd and others:
A RESOLUTION recognizing the month of April, 2015, 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:
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HR 452. By Representative Efstration of the 104th:
A RESOLUTION recognizing and commending Sandra Jo Anne Middlebrooks Orr and James Herbert "Jimmy" Orr, Jr., on the occasion of their 53rd wedding anniversary; and for other purposes.
HR 453. By Representatives Glanton of the 75th, Douglas of the 78th, Stovall of the 74th, Scott of the 76th and Mabra of the 63rd:
A RESOLUTION recognizing and commending Councilman Wallace Norrington on his outstanding public service; and for other purposes.
HR 454. By Representatives Greene of the 151st, Oliver of the 82nd and Houston of the 170th:
A RESOLUTION honoring the life and memory of Doris Watson Joiner; and for other purposes.
HR 455. By Representatives Mosby of the 83rd, Stephenson of the 90th and Henson of the 86th:
A RESOLUTION commending the social work profession and recognizing March, 2015, as National Social Work Month; 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 202. By Representatives Battles of the 15th, Williamson of the 115th, Harrell of the 106th, Jasperse of the 11th, Taylor of the 79th and others:
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 effective dates; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding ad
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valorem taxation, assessment, and appeal; to provide for electronic notice of certain tax bills or delinquent notices; to change certain provisions regarding the publication of ad valorem tax rates; to change certain provisions relating to interest on unpaid ad valorem taxes; to change certain provisions regarding penalties for certain incomplete or improper tax digests; to change certain provisions relating to joint county appraisal staffs and contracting for advice and assistance; to change certain provisions relating to ascertainment of taxable property, assessments and penalties against unreturned property, and changing valuations established by appeal; to repeal certain provisions regarding unreturned property in counties having a population of 600,000 or more; to change certain provisions relating to the time for completion of revision and assessment of returns and submission of completed tax digest to the state revenue commissioner; to change certain provisions relating to the annual notice of current assessment; to provide a cause of action for failure to provide requested information; to revise substantially certain provisions relating to county boards of equalization and ad valorem tax appeals; to provide for an appeal administrator and to specify powers, duties, and functions; to repeal and reenact certain provisions regarding arbitration appeals and court appeals of ad valorem taxes; to change certain provisions relating to examination of county tax digests by the state revenue commissioner and provide that certain assessments and penalties shall not apply during a specified period of time; to change certain provisions relating to the levy and collection of tax by municipalities for independent school systems; to change certain provisions relating to the issuance of mobile home location permits; to provide for increased criminal penalties for failure to attach and display certain mobile home decals; to change certain provisions relating to mobile home tax returns and decal application and issuance; to change certain provisions relating to real estate transfer tax exemptions; to change certain provisions relating to real estate transfer tax payment as certain filing prerequisites; to provide for powers, duties, and authority of the Department of Revenue and the state revenue commissioner; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-3-3, relating to issuance of tax executions, by revising paragraph (1) of subsection (e) as follows:
"(e)(1)(A) Whenever technologically feasible, the tax collector or tax commissioner, at the time tax bills or any subsequent delinquent notices are mailed, shall also mail such bills or notices to any new owner that at that time appear in the records of the county board of tax assessors. The bills or notices shall be mailed to the address of record as found in the county board of tax assessors' records.
(B)(i) In the discretion of the tax commissioner, a taxpayer shall have the option of receiving tax bills or subsequent delinquent notices via electronic transmission in lieu of receiving a paper bill via first-class mail. The subject line of such
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transmission shall show the words 'STATUTORY ELECTRONIC SERVICE' in capital letters, and the date shown on such transmission shall serve as a postmark. In any instance where such transmission proves undeliverable, the tax commissioner shall mail such tax bill or subsequent delinquent notice to the address of record as found in the county board of tax assessors' records. (ii) The commissioner shall develop and make available to tax commissioners a suitable form for use by taxpayers in exercising the option to receive tax bills or subsequent delinquent notices via electronic transmission."
SECTION 2. Said title is further amended in Code Section 48-5-32, relating to publication of ad valorem tax rates, by revising subsection (b) as follows:
"(b)(1) Each levying authority and each recommending authority shall cause a report to be published in a newspaper of general circulation throughout the county and posted on such authority's website, if available:
(1)(A) At least two weeks one week prior to the certification of any recommending authority to the levying authority of such recommending authority's recommended school tax for the support and maintenance of education pursuant to Article VIII, Section VI, Paragraph I of the Constitution; and (2)(B) At least two weeks one week prior to the establishment by each levying authority of the millage rates for ad valorem taxes for educational purposes and ad valorem taxes for purposes other than educational purposes for the current calendar year. (2) Such reports shall be in a prominent location in such newspaper and shall not be included with legal advertisements, and such reports shall be posted in a prominent location on such authority's website, if available. The size and location of the advertisements shall not be grounds for contesting the validity of the levy."
SECTION 3. Said title is further amended in Code Section 48-5-148, relating to interest on unpaid ad valorem taxes, by revising paragraph (3) of subsection (a) as follows:
"(3) In the discretion of the tax commissioner, a taxpayer shall have the option of receiving notices of taxes due via electronic transmission in lieu of receiving a paper bill via first-class mail. The subject line of such transmission shall show the words 'STATUTORY ELECTRONIC SERVICE' in capital letters, and the date shown on such transmission shall serve as a postmark. In any instance where such transmission proves undeliverable, the tax commissioner shall mail a bill to the address of record as found in the county board of tax assessors' records. After notices of taxes due are mailed out, each Each taxpayer shall be afforded 60 days from date of postmark to make full payment of taxes due before the taxes shall bear interest as provided in this Code section. This paragraph shall not apply in those counties in which a lesser time has been provided by law."
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SECTION 4. Said title is further amended in Code Section 48-5-205, relating to penalties for certain incomplete or improper tax digests, by revising subsection (a) as follows:
"(a) If a tax receiver or tax commissioner fails to have his or her digest completed and deposited by August September 1 in each year, unless excused by provisions of law or by the commissioner, he such tax receiver or tax commissioner shall forfeit one-tenth of his or her commissions for each week's delay. If the delay extends beyond 30 days, such tax receiver or tax commissioner he shall forfeit one-half of his or her commissions. If the delay extends beyond the time when the Governor and commissioner fix the rate percentage, he such tax receiver or tax commissioner shall forfeit all his such tax receiver's or tax commissioner's commissions."
SECTION 5. Said title is further amended by revising Code Section 48-5-265, relating to joint county appraisal staffs and contracting for advice and assistance, as follows:
"48-5-265. (a)(1) The governing authorities of any two or more Contiguous Class I counties may join together and contract to by intergovernmental agreement create a joint county property appraisal staff following consultation with the county boards of tax assessors of such counties. Under any such contract intergovernmental agreement, the parcels of real property within the contracting counties subject to the intergovernmental agreement shall be totaled, and the counties shall be deemed one county for purposes of determining the class of the counties, the resulting minimum staff requirements, and the amount of money to be received from the department. The costs of the joint county property appraisal staff shall be shared, each county's share to be based upon the ratio which the number of parcels of real property in each contracting county bears to the total number of parcels of real property in all the contracting counties. Any number of Class I counties may join together to create a joint county property appraisal staff determined in the intergovernmental agreement. (2) The governing authorities of any two or more counties may execute an intergovernmental agreement to provide for the sharing of one or more designated members of property appraisal staff following consultation with the county boards of tax assessors of such counties. The costs of such shared staff members shall be determined in the intergovernmental agreement.
(b) The governing authorities of any two or more counties may join together and by intergovernmental agreement Each Class I county may contract with a contiguous county which has a minimum county property appraisal staff to carry out this part following consultation with the county boards of tax assessors of such counties. Counties contracting in this manner All counties subject to an intergovernmental agreement under this subsection shall retain their separate character for the purpose of determining the class and minimum staff requirements for each contracting county.
(c)(1) Any Each Class I county, at its discretion, may enter into contracts with persons to render advice or assistance to the county board of tax assessors and to the
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county board of equalization in the assessment and equalization of taxes and to perform such other ministerial duties as are necessary and appropriate to carry out this part, the establishment of property valuations, or the defense of such valuations. Such advice and assistance shall be in compliance with the laws of this state and the rules and regulations of the commissioner. Individuals performing services under such contracts shall complete satisfactorily such training courses as directed by the commissioner. The function of any person contracting to render such services shall be advisory or ministerial, only and the final decision as to the amount of assessments and the equalization of assessments shall be made by the county board of tax assessors and the county board of equalization and shall be set forth in the minutes of the county board of tax assessors. (2) No contract entered into pursuant to paragraph (1) of this subsection shall contain any provision authorizing payment to any person contracted with, or to any person employed by any person contracted with, upon a percentage basis or upon any basis under which compensation is dependent or conditioned in any way upon increasing or decreasing the aggregate assessment of property in the county. Any contract or provision of a contract which is in violation of this paragraph is shall be void and unenforceable."
SECTION 6. Said title is further amended in Code Section 48-5-299, relating to ascertainment of taxable property, assessments and penalties against unreturned property, and changing valuations established by appeal, by revising subsections (b) and (c) as follows:
"(b)(1) In all cases where unreturned property is assessed by the county board of tax assessors after the time provided by law for making tax returns has expired, the board shall add to the amount of state and county taxes due a penalty of 10 percent of the amount of the tax due or, if the principal sum of the tax so assessed is less than $10.00 in amount, a penalty of $1.00. The penalty provided in this subsection shall be collected by the tax collector or the tax commissioner and in all cases shall be paid into the county treasury and shall remain the property of the county.
(2)(A) The provisions of paragraph (1) of this subsection to the contrary notwithstanding, this paragraph shall apply with respect to counties having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census. (B) In all cases in which unreturned personal property is assessed by the board after the time provided by law for making tax returns has expired, the board shall add to the assessment of the property a penalty of 10 percent, which shall be included as a part of the taxable value for the year. (c) Real property, When the value of which was real property is reduced and such reduction is established by an appeal as the result of either any appeal decision rendered pursuant to Code Section 48-5-311 or stipulated by agreement of the parties to such an appeal that this subsection shall apply in any year, and that real property has not been returned by the taxpayer at a different value during the next two successive years, then
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the valuation so established by such decision or agreement may not be changed by the board of tax assessors during such two years for the sole purpose of changing the valuation so established or by such decision or agreement rendered in an appeal to the board of equalization or superior court. In such cases, before changing such value or decision, the board of tax assessors shall first conduct an investigation into factors currently affecting the fair market value. The investigation necessary shall include, but not be limited to, a visual on-site inspection of the property to ascertain if there have been any additions, deletions, or improvements to such property or the occurrence of other factors that might substantially affect the current fair market value of such property. If a review to determine if there are any errors in the description and characterization of such property in the files and records of the board of tax assessors discloses any errors, such errors shall not be the sole sufficient basis for increasing the valuation during the two-year period."
SECTION 7. Said title is further amended by revising Code Section 48-5-302, relating to the time for completion of revision and assessment of returns and submission of completed tax digest to the state revenue commissioner, as follows:
"48-5-302. Each county board of tax assessors shall complete its revision and assessment of the returns of taxpayers in its respective county by July 1 15 of each year, except that, in all counties providing for the collection and payment of ad valorem taxes in installments, such date shall be June 1 of each year. The tax receiver or tax commissioner shall then immediately forward one copy of the completed digest to the commissioner for examination and approval."
SECTION 8. Said title is further amended in Code Section 48-5-306, relating to annual notice of current assessment, by revising division (b)(2)(A)(iii), subparagraph (b)(2)(B), and subsection (d) as follows:
"(iii) For a parcel of nonhomestead property with a fair market value in excess of $1 million $750,000.00, or for one or more account numbers of wireless property as defined in subparagraph (e.1)(1)(B) of Code Section 48-5-311 with an aggregate fair market value in excess of $750,000.00, to a hearing officer with appeal to the superior court." "(B) The notice shall also contain the following statement statements in bold print: 'The estimate of your ad valorem tax bill for the current year is based on the previous or most applicable year's millage rate and the fair market value contained in this notice. The actual tax bill you receive may be more or less than this estimate. This estimate may not include all eligible exemptions.'" "(d) Records and information availability. Notwithstanding the provisions of Code Section 50-18-71, in the case of all public records and information of the county board of tax assessors pertaining to the appraisal and assessment of real property:
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(1) The taxpayer may request, and the county board of tax assessors shall provide within ten business days, copies of such public records and information, including, but not limited to, a description of the methodology used by the board of tax assessors in setting the property's fair market value and testing uniformity, all documents reviewed in making the assessment, the address and parcel identification number of all real property utilized as qualified comparable properties, and all factors considered in establishing the new assessment, at a uniform copying fee not to exceed 25 per page; and (2) No additional charges or fees may be collected from the taxpayer for reasonable search, retrieval, or other administrative costs associated with providing such public records and information; and
(3)(A) The superior courts of this state shall have jurisdiction in law and in equity to entertain actions against the board of tax assessors to enforce compliance with the provisions of this subsection. Such actions may be brought by any person, firm, corporation, or other entity. (B) In any action brought to enforce the provisions of this subsection in which the court determines that either party acted without substantial justification either in not complying with this subsection or in instituting the litigation, the court shall, unless it finds that special circumstances exist, assess in favor of the complaining party reasonable attorney's fees and other litigation costs reasonably incurred. Whether the position of the complaining party was substantially justified shall be determined on the basis of the record as a whole which is made in the proceeding for which fees and other expenses are sought. (C) Any agency or person who provides access to information in good faith reliance on the requirements of this subsection shall not be liable in any action on account of such decision."
SECTION 9. Said title is further amended in Code Section 48-5-311, relating to county boards of equalization and ad valorem tax appeals, by revising subsections (a) through (e) and (h) through (o) and by adding new subsections to read as follows:
"(a) Establishment Definition. As used in this Code section, the term 'appeal administrator' means the clerk of the superior court. (a.1) Appeal administrator.
(1) The appeal administrator is vested with administrative authority in all other matters governing the conduct and business of the boards of equalization so as to provide oversight and supervision of such boards. (2) It shall be the duty of the appeal administrator to receive any complaint filed with respect to the official actions of any member of a county board of equalization regarding technical competency, compliance with state law and regulations, or rude or unprofessional conduct or behavior toward any member of the public and to forward such complaint to the grand jury for investigation. Following an investigation, the
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grand jury shall issue a written report of its findings, which shall include such evaluations, judgments, and recommendations as it deems appropriate. The findings of the report may be grounds for removal of a member of the board of equalization by the grand jury for failure to perform the duties required under this Code section. (a.2) Establishment of boards of equalization. (1) Except as otherwise provided in this subsection, there is established in each county of the this state a county board of equalization to consist of three members and three alternate members appointed in the manner and for the term set forth in this Code section. In those counties having more than 10,000 parcels of real property, the county governing authority, by appropriate resolution adopted on or before November 1 of each year, may elect to have selected one additional county board of equalization for each 10,000 parcels of real property in the county or for any part of a number of parcels in the county exceeding 10,000 parcels. (1.1) The grand jury shall be authorized to conduct a hearing following its receipt of the report of the appeal administrator under paragraph (2) of subsection (a.1) of this Code section and to remove one or more members of the board of equalization for failure to perform the duties required under this Code section. (2) Notwithstanding any part of this subsection to the contrary, at any time the governing authority of a county makes a request to the grand jury of the county for additional alternate members of boards of equalization, the grand jury shall appoint the number of alternate members so requested to each board of equalization, such number not to exceed a maximum of 21 alternate members for each of the boards. The alternate members of the boards shall be duly qualified and authorized to serve on any of the boards of equalization of the county. The grand jury of any such county members of each board of equalization may designate a chairperson and two vice chairpersons of each such board of equalization. The chairperson and vice chairpersons shall be vested with full administrative authority in calling and conducting the business of the board. The appeal administrator shall have administrative authority in all matters governing the conduct and business of the boards of equalization so as to provide oversight and supervision of such boards and scheduling of appeals. Any combination of members or alternate members of any such board of equalization of the county shall be competent to exercise the power and authority of the board. Any person designated as an alternate member of any such board of equalization of the county shall be competent to serve in such capacity as provided in this Code section upon appointment and taking of oath. (3) Notwithstanding any provision of this subsection to the contrary, in any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census, the governing authority of the county, by appropriate resolution adopted on or before November 1 of each year, may elect to have selected one additional county board of equalization for each 10,000 parcels of real property in the county or for any part of a number of parcels in the county exceeding 10,000 parcels. In addition to the foregoing, any two members of a county board of equalization of the county may decide an appeal from an assessment,
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notwithstanding any other provisions of this Code section. The decision shall be in writing and signed by at least two members of the board of equalization; and, except for the number of members necessary to decide an appeal, the decision shall conform to the requirements of this Code section. (4) The governing authorities of two or more counties may by intergovernmental agreement establish regional boards of equalization for such counties which shall operate in the same manner and be subject to all of the requirements of this Code section specified for county boards of equalization. The intergovernmental agreement shall specify the manner in which the members of the regional board shall be appointed by the grand jury of each of the counties and shall specify which clerk of the superior court appeal administrator shall have oversight over and supervision of such regional board. All hearings and appeals before a regional board shall be conducted in the county in which the property which is the subject of the hearing or appeal is located. (b) Qualifications of board of equalization members. (1) Each person who is, in the judgment of the appointing grand jury, qualified and competent to serve as a grand juror, who is the owner of real property located in the county where such person is appointed to serve, or, in the case of a regional board of equalization, is the owner of real property located in any county in the region where such person is appointed to serve, and who is at least a high school graduate shall be qualified, competent, and compellable to serve as a member or alternate member of the county board of equalization. No member of the governing authority of a county, municipality, or consolidated government; member of a county or independent board of education; member of the county board of tax assessors; employee of the county board of tax assessors; or county tax appraiser shall be competent to serve as a member or alternate member of the county board of equalization.
(2)(A) Each person seeking to be appointed as a member or alternate member of a county board of equalization shall, not later than immediately prior to the time of his or her appointment under subsection (c) of this Code section, file with the clerk of the superior court a uniform application form which shall be a public record. The commissioner shall design the form which indicates the applicant's education, employment background, experience, and qualifications for such appointment.
(B)(i) Within the first year after a member's initial appointment to the board of equalization on or after January 1, 1981, each member shall satisfactorily complete not less than 40 hours of instruction in appraisal and equalization processes and procedures, as prepared and required by the commissioner pursuant to Code Section 48-5-13. (ii) On or after January 1, 2016, following the completion of each term of office, a member shall, within the first year of appointment to the subsequent term of office, complete satisfactorily not less than 20 hours of instruction in appraisal and equalization processes and procedures, as prepared and required by the commissioner for newly appointed members.
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(iii) No person shall be eligible to hear an appeal as a member of a board of equalization unless, prior to hearing such appeal, such person shall satisfactorily complete the 20 hours of instruction in appraisal and equalization processes and procedures required under the applicable provisions of division (i) or (ii) of this subparagraph. (iv) The failure of any member to fulfill the requirements of the applicable provisions of division (i) or (ii) of this subparagraph shall render that such member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled. (B)(C)(i) No person shall be eligible to hear an appeal as a member of a board of equalization on or after January 1, 2011, unless prior to hearing such appeal, that person shall satisfactorily complete the 40 hours of instruction in appraisal and equalization processes and procedures required under subparagraph (A) of this paragraph. Any person appointed to such a board of equalization shall be required to complete annually a continuing education requirement of at least eight hours of instruction in appraisal and equalization procedures, as prepared and required by the commissioner pursuant to Code Section 48-5-13. (ii) The failure of any member to fulfill the requirements of division (i) of this subparagraph shall render that such member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled. (c) Appointment of board of equalization members. (1) Except as provided in paragraph (2) of this subsection, each member and alternate member of the county board of equalization shall be appointed for a term of three calendar years next succeeding the date of such member or such alternate member's selection. Each term shall begin on January 1. (2) The grand jury in each county at any term of court preceding November 1 of 1991 shall select three persons who are otherwise qualified to serve as members of the county board of equalization and shall also select three persons who are otherwise qualified to serve as alternate members of the county board of equalization. The three individuals selected as alternates shall be designated as alternate one, alternate two, and alternate three, with the most recent appointee being alternate number three, the next most recent appointee being alternate number two, and the most senior appointee being alternate number one. One member and one alternate shall be appointed for terms of one year, one member and one alternate shall be appointed for two years, and one member and one alternate shall be appointed for three years. Each year thereafter, the grand jury of each county shall select one member and one alternate for three-year terms. (3) If a vacancy occurs on the county board of equalization, the individual designated as alternate one shall then serve as a member of the board of equalization for the unexpired term. If a vacancy occurs among the alternate members, the grand jury then in session or the next grand jury shall select an individual who is otherwise qualified to serve as an alternate member of the county board of equalization for the
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unexpired term. The individual so selected shall become alternate member three, and the other two alternates shall be redesignated appropriately. (4) Within five days after the names of the members and alternate members of the county board or boards of equalization have been selected, the clerk of the superior court shall issue and deliver cause such appointees to appear before the clerk of the superior court for the purpose of taking and executing in writing the oath of office. The clerk of the superior court may utilize any means necessary for such purpose, including, but not limited to, telephonic or other communication, regular first-class mail, or issuance of and delivery to the sheriff or deputy sheriff a precept containing the names of the persons so selected. Within ten days of receiving the precept, the sheriff or deputy sheriff shall cause the persons whose names are written on the precept to be served personally or by leaving the summons at their place of residence. The summons shall direct the persons named on the summons to appear before the clerk of the superior court on a date specified in the summons, which date shall not be later than December 15. (5) Each member and alternate member of the county board of equalization, on the date prescribed for appearance before the clerk of the superior court and before entering on the discharge of such member and alternate member's duties, shall take and execute in writing before the clerk of the superior court the following oath:
'I, _______________, agree to serve as a member of the board of equalization of the County of _______________ and will decide any issue put before me without favor or affection to any party and without prejudice for or against any party. I will follow and apply the laws of this state. I also agree not to discuss any case or any issue with any person other than members of the board of equalization except at any appeal hearing. I shall faithfully and impartially discharge my duties in accordance with the Constitution and laws of this state, to the best of my skill and knowledge. So help me God.
_________________________________ Signature of member or alternate member' In addition to the oath of office prescribed in this paragraph, the presiding or chief judge of the superior court or his or her designee shall charge each member and alternate member of the county board of equalization with the law and duties relating to such office. (d) Duties and powers of board of equalization members. (1) The county board of equalization shall hear and determine appeals from assessments and denials of homestead exemptions as provided in subsection (e) of this Code section. (2) If, in the course of determining an appeal, the county board of equalization finds reason to believe that the property involved in an appeal or the class of property in which is included the property involved in an appeal is not uniformly assessed with other property included in the digest, the board shall request the respective parties to the appeal to present relevant information with respect to that question. If the board determines that uniformity is not present, the board may order the county board of tax
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assessors to take such action as is necessary to obtain uniformity, except that, when a question of county-wide uniformity is considered by the board, the board may recommend a partial or total county-wide revaluation only upon a determination by a majority of all the members of the board that the clear and convincing weight of the evidence requires such action. The board of equalization may act pursuant to this paragraph whether or not the appellant has raised the issue of uniformity. (3) The board shall establish procedures which comply strictly with the regulations promulgated by the commissioner pursuant to subparagraph (e)(5)(B) (e)(1)(D) of this Code section for the conducting of appeals before the board. The procedures shall be entered into the minutes of the board, and a copy of the procedures shall be made available to any individual upon request.
(4)(A) The clerk of the superior court appeal administrator shall have oversight over and supervision of all boards of equalization of the county and hearing officers. This oversight and supervision shall include, but not be limited to, requiring appointment of members of county boards of equalization by the grand jury; giving the notice of the appointment of members and alternates of the county board of equalization by the county grand jury as required by Code Section 15-12-81; collecting the names of possible appointees; collecting information from possible appointees as to their qualifications; presenting the names of the possible appointees to the county grand jury; processing the appointments as required by paragraph (4) of subsection (c) of this Code section, including administering the oath of office to the newly appointed members and alternates of the county board of equalization as required by paragraph (5) of such subsection; instructing the newly appointed members and alternates as to the training they must receive and the operations of the county board of equalization; presenting to the grand jury of the county the names of possible appointees to fill vacancies as provided in paragraph (3) of such subsection; maintaining a roster of board members and alternates, maintaining a record showing that the board members and alternates completed training, keeping attendance records of board members and alternates for the purpose of payment for service, and maintaining the uniform application forms and keeping a record of the appointment dates of board members and alternates and their terms in office; and informing the county board of equalization that it must establish by regulation procedures for conducting appeals before the board as required by paragraph (3) of this subsection (d) of this Code section. Oversight and supervision shall also include the scheduling of board hearings, assistance in scheduling hearings before hearing officers, and giving notice of the date, time, and place of hearings to the taxpayers and the county board of tax assessors and giving notice of the decisions of the county board of equalization or hearing officer to the taxpayer and county board of tax assessors as required by division (e)(6)(D)(i) of this Code section. (B) The county governing authority shall provide any resources to the clerk of superior court appeal administrator that are required to be provided by paragraph (7) of subsection (e) of this Code section.
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(C) The county governing authority shall provide to the clerk of superior court appeal administrator facilities and secretarial and clerical help for appeals pursuant to subsection (e.1) of this Code section. (C.1) The operations of the appeal administrator under this Code section shall, for budgeting purposes, constitute a distinct budget unit within the county budget that is separate from the operations of the clerk of the superior court. The appeal administrator budget unit shall contain a separate line item for the compensation of the appeal administrator for the performance of duties required under this Code section as well as separate lines items for resources, facilities, and personnel as specified under subparagraphs (B) and (C) of this paragraph. (D) The clerk of superior court appeal administrator shall maintain any county records of all notices to the taxpayer and the taxpayer's attorney, of certified receipts of returned or unclaimed mail, and from the hearings before the board of equalization and before hearing officers until for 12 months after the deadline to file any appeal to the superior court expires. If an appeal is not filed to the superior court, the clerk of superior court appeal administrator is authorized to properly destroy any records from the hearings before the county board of equalization or hearing officers but shall maintain records of all notices to the taxpayer and the taxpayer's attorney and certified receipts of returned or unclaimed mail for 12 months. If an appeal to the superior court is filed, the clerk of superior court appeal administrator shall file such appeal and records in the civil action that is considered open by the clerk of superior court for such appeal, and such records shall become part of the record on appeal in accordance with paragraph (2) of subsection (g) of this Code section. (e) Appeal. (1)(A) Any taxpayer or property owner as of the last date for filing an appeal may elect to file an appeal from an assessment by the county board of tax assessors to either:
(i) The county board of equalization as to matters of taxability, uniformity of assessment, and value, and, for residents, as to denials of homestead exemptions pursuant to paragraph (2) of this subsection; (ii) An arbitrator as to matters of value pursuant to subsection (f) of this Code section; or (iii) A hearing officer as to matters of value and uniformity of assessment for a parcel of nonhomestead real property with a fair market value in excess of $1 million $750,000.00 as shown on the taxpayer's annual notice of current assessment under Code Section 48-5-306, and any contiguous nonhomestead real property owned by the same taxpayer, pursuant to subsection (e.1) of this Code section; or (iv) A hearing officer as to matters of values or uniformity of assessment of one or more account numbers of wireless property as defined in subparagraph (e.1)(1)(B) of this Code section with an aggregate fair market value in excess of
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$750,000.00 as shown on the taxpayer's annual notice of current assessment under Code Section 48-5-306, pursuant to subsection (e.1) of this Code section. (A.1) The commissioner shall establish by rule and regulation a uniform appeal form that the taxpayer may use. (B) In addition to the grounds enumerated in subparagraph (A) of this paragraph, any taxpayer having property that is located within a municipality, the boundaries of which municipality extend into more than one county, may also appeal from an assessment on such property by the county board of tax assessors to the county board of equalization or to a hearing officer as to matters of uniformity of assessment of such property with other properties located within such municipality, and any uniformity adjustments to the assessment that may result from such appeal shall only apply for municipal ad valorem tax purposes. (B.1) The taxpayer or his or her agent or representative may submit in support of his or her appeal an appraisal given, signed, and certified as such by a real property appraiser as classified by the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board which was performed not later than nine months prior to the date of assessment. The board shall consider the appraisal upon request. Within 45 days of the receipt of the taxpayer's appraisal, the board shall notify the taxpayer or his or her agent or representative of acceptance of the appraisal or shall notify the taxpayer or his or her agent or representative of the reasons for rejection. (C) Appeals to the county board of equalization shall be conducted in the manner provided in paragraph (2) of this subsection. Appeals to a hearing officer shall be conducted in the manner specified in subsection (e.1) of this Code section. Appeals to an arbitrator shall be conducted in the manner specified in subsection (f) of this Code section. Such appeal proceedings shall be conducted between the hours of 8:00 A.M. and 7:00 P.M. on a business day. Following the notification of the taxpayer of the date and time of such taxpayer's scheduled hearing, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the taxpayer's scheduled hearing to a day and time acceptable to the taxpayer and the county board of tax assessors. The clerk of the superior court appeal administrator shall grant additional extensions to the taxpayer or the county board of tax assessors for good cause shown, or by agreement of the parties. (D) The commissioner, by regulation, shall adopt uniform procedures and standards which shall be followed by county boards of equalization, hearing officers, and arbitrators in determining appeals. Such rules shall be updated and revised periodically and reviewed no less frequently than every five years. The commissioner shall publish and update annually a manual for use by county boards of equalization. (2)(A) An appeal shall be effected by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by mailing to or filing with the county board of tax assessors a notice of appeal within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306. A written objection to an assessment of real property received by a county board of tax
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assessors stating the location of the real property and the identification number, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. A written objection to an assessment of personal property received by a county board of tax assessors giving the account number, if any, contained in the tax notice and stating that the objection is to an assessment of personal property shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. The county board of tax assessors shall review the valuation or denial in question, and, if any changes or corrections are made in the valuation or decision in question, the board shall send a notice of the changes or corrections to the taxpayer pursuant to Code Section 48-5-306. Such notice shall also explain the taxpayer's right to appeal to the county board of equalization as provided in subparagraph (C) of this paragraph if the taxpayer is dissatisfied with the changes or corrections made by the county board of tax assessors. (B) If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall send written notice thereof to the taxpayer, to any authorized agent or representative of the taxpayer who the taxpayer has requested that such notice be sent, and to the county board of equalization which notice shall also constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal to the county board of tax assessors or to the county board of equalization. The county board of tax assessors shall also send or deliver all necessary papers to the county board of equalization. If, however, the taxpayer and the county board of tax assessors execute a signed agreement as to valuation, the appeal shall terminate as of the date of such signed agreement. (C) If changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. The commissioner shall develop and make available to county boards of tax assessors a suitable form which shall be used in such notification to the taxpayer. The notice shall be sent by regular mail properly addressed to the address or addresses the taxpayer provided to the county board of tax assessors and to any authorized agent or representative of the taxpayer who the taxpayer has requested that such notice be sent. If the taxpayer is dissatisfied with such changes or corrections, the taxpayer shall, within 30 days of the date of mailing of the change notice, institute an notify the county board of tax assessors to continue the taxpayer's appeal to the county board of tax assessors equalization by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by mailing to or filing with the county board of tax assessors a written notice of appeal continuance. The county board of tax assessors shall send or deliver the notice of appeal and all necessary papers to the county board of equalization. (D) The written notice to the taxpayer required by this paragraph shall contain a statement of the grounds for rejection of any position the taxpayer has asserted with regard to the valuation of the property. No addition to or amendment of such
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grounds as to such position shall be permitted before the county board of equalization. (3)(A) In any each year in which no county-wide revaluation is implemented, the county board of tax assessors shall make its determination and notify the taxpayer within 180 days after receipt of the taxpayer's notice of appeal. If the county board of tax assessors fails to respond to the taxpayer within such 180 day period during such year, the appeal shall be automatically referred to the county board of equalization property valuation submitted by the taxpayer shall become the assessed fair market value for the taxpayer's property for the tax year under appeal. (B) In any county in which the number of appeals exceeds a number equal to or greater than 3 percent of the total number of parcels in the county or the sum of the current assessed value of the parcels under appeal is equal to or greater than 3 percent of the gross tax digest of the county, the county board of tax assessors shall be granted an additional 180 day period to make its determination and notify the taxpayer. Such additional period shall commence immediately following the last day of the 180 days provided for under subparagraph (A) of this paragraph. If the county board of tax assessors fails to make its determination and notify the taxpayer or the taxpayer's attorney not later than the last day of such additional 180 day period, the most recent property tax valuation asserted by the taxpayer on the property tax return or on appeal shall prevail and shall be deemed the value established on such appeal unless a time extension is granted under subparagraph (C) of this paragraph. If no such assertion of value was submitted by the taxpayer, the appeal shall be forwarded to the county board of equalization. (C) Upon a sufficient showing of good cause by reason of unforeseen circumstances proven to the commissioner prior to the expiration of the additional 180 day period provided for under subparagraph (B) of this paragraph, the commissioner shall be authorized to provide for a time extension beyond the end of such additional 180 day period. The duration of any such time extension shall be specified in writing by the commissioner and shall also be posted on the website of the county board of tax assessors if such a website is available. If the county board of tax assessors fails to make its determination and notify the taxpayer and the taxpayer's attorney not later than the last day of such time extension, the most recent property tax valuation asserted by the taxpayer on the property tax return or on appeal shall prevail and shall be deemed the value established on such appeal. If no such assertion of value was submitted by the taxpayer, the appeal shall be forwarded to the county board of equalization. In addition, the commissioner shall be authorized to require additional training or require such other remediation as the commissioner may deem appropriate for failure to meet the deadline imposed by the commissioner under this subparagraph. (4) The determination by the county board of tax assessors of questions of factual characteristics of the property under appeal, as opposed to questions of value, shall be prima-facie correct in any appeal to the county board of equalization. However, the
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board of tax assessors shall have the burden of proving its opinions of value and the validity of its proposed assessment by a preponderance of evidence. (5) The county board of equalization shall determine all questions presented to it on the basis of the best information available to the board.
(6)(A) Within 15 days of the receipt of the notice of appeal, the county board of equalization shall set a date for a hearing on the questions presented and shall so notify the taxpayer and the county board of tax assessors in writing. Such notice shall be sent by first-class mail to the taxpayer and to any authorized agent or representative of the taxpayer who the taxpayer has requested that such notice be sent. Such notice shall be transmitted by e-mail to the county board of tax assessors if such board has adopted a written policy consenting to electronic service, and, if it has not, then such notice shall be sent to such board by first-class mail or intergovernmental mail. Such written notice shall advise each party that he or she may request a list of witnesses, documents, or other written evidence to be presented at the hearing by the other party, which shall be provided to the requesting party not less than seven days prior to the time of the hearing. Any failure to comply with this requirement shall be grounds for an automatic continuance or for exclusion of such witness, documents, or other written evidence. A taxpayer may appear before the board of equalization concerning any appeal in person, by his or her authorized agent or representative, or both. The taxpayer shall specify in writing to the board of equalization the name of any such agent or representative prior to any appearance by the agent or representative before the board. (B) Within 30 days of the date of notification to the taxpayer of the hearing required in this paragraph but not earlier than 20 days from the date of such notification to the taxpayer, the county board of equalization shall hold such hearing to determine the questions presented. (C) If more than one contiguous property of a taxpayer is under appeal, the board of equalization shall, upon request of the taxpayer, consolidate all such appeals in one hearing and render separate decisions as to each parcel or item of property. Any appeal from such a consolidated board of equalization hearing to the superior court as provided in this subsection shall constitute a single civil action, and, unless the taxpayer specifically so indicates in his or her notice of appeal, shall apply to all such parcels or items of property.
(D)(i) The board of equalization shall render announce its decision on each appeal at the conclusion of the hearing under held in accordance with subparagraph (B) of this paragraph before proceeding with another hearing. The decision of the county board of equalization shall be in writing, shall be signed by each member of the board, shall specifically decide each question presented by the appeal, shall specify the reason or reasons for each such decision as to the specific issues of taxability, uniformity of assessment, value, or denial of homestead exemptions depending upon the specific issue or issues raised by the taxpayer in the course of such taxpayer's appeal, shall state that with respect to the appeal no member of the board is disqualified from acting by virtue of subsection (j) of this Code section,
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and shall certify the date on which notice of the decision is given to the parties. Notice of the decision shall be delivered by hand to each party, with written receipt, or given to each party by sending a copy of the decision by registered or certified mail or statutory overnight delivery to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each of the three members of the county board of equalization must be present and must participate in the deliberations on any appeal. A majority vote shall be required in any matter. All three members of the board must shall sign the decision indicating their vote. (ii) Except as otherwise provided in subparagraph (g)(4)(B) of this Code section, the county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county for the year in question and shall indicate such valuation as the previous year's value on the property tax notice of assessment of such taxpayer for the immediately following year rather than substituting the valuation which was changed by the county board of equalization.
(iii)(I) If the county's tax bills are issued before an appeal has been finally determined, the county board of tax assessors shall specify to the county tax commissioner the lesser of the valuation in the last year for which taxes were finally determined to be due on the property or 85 percent of the current year's value, unless the property in issue is homestead property and 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 tax assessors. Depending on the circumstances of the property, this amount shall be the basis for a temporary tax bill to be issued; provided, however, that a nonhomestead owner of a single property valued at $2 million or more may elect to pay the temporary tax bill which specifies 85 percent of the current year's valuation; or, such owner may elect to pay the amount of the difference between the 85 percent tax bill based on the current year's valuation and the tax bill based on the valuation from the last year for which taxes were finally determined to be due on the property in conjunction with the amount of the tax bill based on valuation from the last year for which taxes were finally determined to be due on the property, to the tax commissioner's office. Only the amount which represents the difference between the tax bill based on the current year's valuation and the tax bill based on the valuation from the last year for which taxes were finally determined to be due will be held in an escrow account by the tax commissioner's office. Once the appeal is concluded, the escrowed funds shall be released by the tax commissioner's office to the prevailing party. The taxpayer may elect to pay the temporary tax bill in the amount of 100 percent of the current year's valuation if no substantial 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
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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) For the purposes of this Code section, any final value that causes a reduction in taxes and creates a refund that is owed to the taxpayer shall be paid by the tax commissioner to the taxpayer, entity, or transferee who paid the taxes with interest, as provided in subsection (m) of this Code section. (III) For the purposes of this Code section, any final value that causes an increase in taxes and creates an additional billing shall be paid to the tax commissioner as any other tax due along with interest, as provided in subsection (m) of this Code section. (7) The clerk of the superior court appeal administrator shall furnish the county board of equalization necessary facilities and secretarial and clerical administrative help. The clerk of the superior court appeal administrator shall see that the records and information of the county board of tax assessors are transmitted to the county board of equalization. The county board of equalization must shall consider in the performance of its duties the information furnished by the county board of tax assessors and the taxpayer. (8) The taxpayer or his or her agent or representative may submit in support of his or her appeal the most current report of the sales ratio study for the county conducted pursuant to Code Section 48-5-274. The board must shall consider the study upon any such request. (9) If at any time during the appeal process to the county board of equalization and after certification by the county board of tax assessors to the county board of equalization, the county board of tax assessors and the taxpayer mutually agree in writing on the fair market value, then the county board of tax assessors, or the county board of equalization, as the case may be, shall enter the agreed amount in all appropriate records as the fair market value of the property under appeal, and the appeal shall be concluded. The provisions in subsection (c) of Code Section 48-5-299 shall apply to the valuation unless otherwise waived by both parties. (10) Within ten days of a final determination of value under this Code section with no further option to appeal, the county board of tax assessors shall forward such final determination of value to the tax commissioner. (e.1)(1)(A) For any dispute involving the value or uniformity of a parcel of nonhomestead real property with a fair market value in excess of $1 million $750,000.00 as shown on the taxpayer's annual notice of current assessment under Code Section 48-5-306, at the option of the taxpayer, an appeal may be submitted to a hearing officer in accordance with this subsection. If such taxpayer owns nonhomestead real property contiguous to such qualified nonhomestead real property, at the option of the taxpayer, such contiguous property may be consolidated with the qualified property for purposes of the hearing under this subsection.
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(B)(i) As used in this subparagraph, the term 'wireless property' means tangible personal property or equipment used directly for the provision of wireless services by a provider of wireless services which is attached to or is located underneath a wireless cell tower but which is not permanently affixed to such tower so as to constitute a fixture. (ii) For any dispute involving the values or uniformity of one or more account numbers of wireless property as defined in this subparagraph with an aggregate fair market value in excess of $750,000.00 as shown on the taxpayer's annual notice of current assessment under Code Section 48-5-306, at the option of the taxpayer, an appeal may be submitted to a hearing officer in accordance with this subsection. (2) Individuals desiring to serve as hearing officers and who are either state certified general real property appraisers or state certified residential real property appraisers as classified by the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board shall complete and submit an application, a list of counties the hearing officer is willing to serve, disqualification questionnaire, and resume and be approved by the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board to serve as a hearing officer. Such board shall annually publish a list of qualified and approved hearing officers for Georgia. (3) The clerk of the superior court appeal administrator shall furnish any hearing officer so selected the necessary facilities. (4) An appeal shall be effected by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by filing with the county board of tax assessors a notice of appeal to a hearing officer within 45 days from the date of mailing the notice of assessment pursuant to Code Section 48-5-306. A written objection to an assessment of real property or wireless property received by a county board of tax assessors stating the taxpayer's election to appeal to a hearing officer and showing the location of the real property or wireless property contained in the assessment notice shall be deemed a notice of appeal by the taxpayer. (5) The county board of tax assessors may for no more than 90 days review the taxpayer's written appeal, and if either changes or corrections are made by the county board of tax assessors, or if no changes are made, the board shall notify the taxpayer in writing of such changes the board's decision. If within 30 days of the mailing of such notice the taxpayer notifies the county board of tax assessors in writing that such changes or corrections are the board's decision is not acceptable, the county board of tax assessors shall, within 30 days of the date of mailing of such taxpayer's notification, send or deliver certify the notice of appeal and send or deliver all necessary papers to the clerk of the superior court appeal administrator and mail a copy to the taxpayer. (6)(A) The clerk of superior court appeal administrator shall randomly select from such list a hearing officer who shall have experience or expertise in hearing or appraising the type of property that is the subject of appeal to hear the appeal, unless the taxpayer and the county board of tax assessors mutually agree upon a hearing
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officer from such list. The appeal administrator shall notify the taxpayer and the taxpayer's attorney of the name of the hearing officer and transmit a copy of the hearing officer's disqualification questionnaire and resume provided for under paragraph (2) of this subsection. The hearing officer, in conjunction with all parties to the appeal, shall set a time and place to hear evidence and testimony from both parties. The hearing shall take place in the county where the property is located, or such other place as mutually agreed to by the parties and the hearing officer. The hearing officer shall provide electronic or written notice to the parties personally or by registered or certified mail or statutory overnight delivery not less than ten days before the hearing. Such written notice shall advise each party that documents or other written evidence to be presented at the hearing by a party must be provided to the other party not less than seven days prior to the time of the hearing and that any failure to comply with this requirement shall be grounds for an automatic continuance or for exclusion of such documents or other written evidence. (B) If the appeal administrator, after a diligent search, cannot find a qualified hearing officer who is willing to serve, the appeal administrator shall transfer the certification of the appeal to the county or regional board of equalization and notify the taxpayer and the taxpayer's attorney and the county board of tax assessors of the transmittal of such appeal. (7) The hearing officer shall swear in all witnesses, perform the powers, duties, and authority of a county or regional board of equalization, and determine the fair market value of the real property or wireless property based upon the testimony and evidence presented during the hearing. Any issues other than fair market value and uniformity raised in the appeal shall be preserved for appeal to the superior court. The board of tax assessors shall have the burden of proving its opinion of value and the validity of its proposed assessment by a preponderance of evidence. At the conclusion of the hearing, the hearing officer shall notify both parties of the decision verbally and shall send the taxpayer both parties the decision in writing. (8) The taxpayer or the board of tax assessors may appeal the decision of the hearing officer to the superior court as provided in subsection (g) of this Code section. (9) If, at any time during the appeal under this subsection, the taxpayer and the county board of tax assessors execute a signed written agreement on the fair market value and any other issues raised,: the appeal shall terminate as of the date of such signed agreement; and the fair market value as set forth in such agreement shall become final; and subsection (c) of Code Section 48-5-299 shall apply. The provisions contained in this paragraph may be waived at any time by written consent of the taxpayer and the county board of tax assessors. (10) Each hearing officer shall be compensated by the county for time expended in considering appeals. The compensation shall be paid at a rate of not less than $75.00 per hour for the first hour and not less than $25.00 per hour for each hour thereafter as determined by the county governing authority or as may be agreed upon by the parties with the consent of the county governing authority. Compensation pursuant to this paragraph shall be paid from the county treasury upon certification by the hearing
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officer of the hours expended in hearing of appeals. The attendance at any training required by the commissioner shall be part of the qualifications of the hearing officer, and any nominal cost of such training shall be paid by the hearing officer. If the clerk of the superior court, after diligent search, cannot find a qualified hearing officer who is willing to serve, the clerk of the superior court shall notify the county board of tax assessors in writing. The county board of tax assessors shall then certify the appeal to the county or regional board of equalization. (11) The commissioner shall promulgate rules and regulations for the proper administration of this subsection, including, but not limited to, a uniform appeal form; qualifications; training, including an eight-hour course on Georgia property law, Georgia evidence law, preponderance of evidence, burden of proof, credibility of the witnesses, and weight of evidence; disqualification questionnaire; selection; removal; an annual continuing education requirement of at least four hours of instruction in recent legislation, current case law, and updates on appraisal and equalization procedures, as prepared and required by the commissioner; and any other matters necessary to the proper administration of this subsection. The failure of any hearing officer to fulfill the requirements of this paragraph shall render such officer ineligible to serve. Such rules and regulations shall also include a uniform appeal form which shall require the initial assertion of a valuation of the property by the taxpayer. Any such assertion of value shall be subject to later revision by the taxpayer based upon written evidence. The commissioner shall seek input from all interested parties prior to such promulgation." "(h) Recording of interviews. In the course of any assessment, appeal, or arbitration, or any related proceeding, the taxpayer shall be entitled to make recordings of any interview with any officer or employee of the taxing authority relating to the valuation of the taxpayer's property subject to such assessment, appeal, arbitration, or related proceeding, at the taxpayer's expense and with equipment provided by the taxpayer, and no such officer or employee may refuse to participate in an interview relating to such valuation for reason of the taxpayer's choice to record such interview. (i) Alternate members of boards of equalization. Alternate members of the county board of equalization in the order in which selected shall serve: (1) As members of the county board of equalization in the event there is a permanent vacancy on the board created by the death, ineligibility, removal from the county, or incapacitating illness of a member or by any other circumstances. An alternate member who fills a permanent vacancy shall be considered a member of the board for the remainder of the unexpired term; (2) In any appeal with respect to which a member of the board is disqualified and shall be considered a member of the board; or (3) In any appeal at a regularly scheduled or called meeting in the absence of a member and shall be considered a member of the board. (j) Disqualification.
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(1) No member of the county board of equalization and no hearing officer shall serve with respect to any appeal concerning which he or she would be subject to a challenge for cause if he or she were a member of a panel of jurors in a civil case involving the same subject matter. (2) The parties to an appeal to the county board of equalization or to a hearing officer shall file in writing with the appeal, in the case of the person appealing, or, in the case of the county board of tax assessors, with the certificate transmitting the appeal, questions relating to the disqualification of members of the county board of equalization or hearing officer. Each question shall be phrased so that it can be answered by an affirmative or negative response. The members of the county board of equalization or hearing officer shall, in writing under oath within two days of their receipt of the appeal, answer the questions and any question which may be adopted pursuant to subparagraph (e)(1)(D) of this Code section. Answers of the county board of equalization or hearing officers shall be part of the decision of the board or hearing officer and shall be served on each party by first-class mail. Determination of disqualification shall be made by the judge of the superior court upon the request of any party when the request is made within two days of the response of the board or hearing officer to the questions. The time prescribed under subparagraph (e)(6)(A) of this Code section shall be tolled pending the determination by the judge of the superior court. (k) Compensation of board of equalization members. Each member of the county board of equalization shall be compensated by the county per diem for time expended in considering appeals. The compensation shall be paid at a rate of not less than $25.00 per day and shall be determined by the county governing authority. The attendance at required approved appraisal courses shall be part of the official duties of a member of the board, and he or she shall be paid for each day in attendance at such courses and shall be allowed reasonable expenses necessarily incurred in connection with such courses. Compensation pursuant to this subsection shall be paid from the county treasury upon certification by the member of the days expended in consideration of appeals. (l) Military service. In the event of the absence of an individual from such individual's residence because of duty in the armed forces, the filing requirements set forth in paragraph (3) of subsection (f) of this Code section shall be tolled for a period of 90 days. During this period, any member of the immediate family of the individual, or a friend of the individual, may notify the tax receiver or the tax commissioner of the individual's absence due to military service and submit written notice of representation for the limited purpose of the appeal. Upon receipt of this notice, the tax receiver or the tax commissioner shall initiate the appeal. (m) Interest. (1) For the purposes of this Code section, any final value that causes a deduction reduction in taxes and creates a refund that is owed to the taxpayer shall be paid by the tax commissioner to the taxpayer, entity, or transferee who paid the taxes within
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60 days from the date of the final determination of value. Such refund shall include interest on the amount of the deduction at the same rate specified in Code Section 482-35 which shall accrue from November 15 the due date of the taxable year in question or the date the final installment was due or was paid, whichever is later, through the date on which the refund is paid or 60 days from the date of the final determination of value was made, whichever is earlier. In no event shall the amount of such interest exceed $150.00 $500.00 for homestead property or $5,000.00 $500.00 for nonhomestead property. Any refund paid after the sixtieth day shall accrue interest from the sixty-first day until paid with interest at the same rate specified in Code Section 48-2-35. The interest accrued after the sixtieth day and forward shall not be subject to the limits imposed by this subsection. The tax commissioner shall pay the tax refund and any interest for the refund from current collections in the same proportion for each of the levying authorities for whom the taxes were collected. (2) For the purposes of this Code section, any final value that causes an increase in taxes and creates an additional billing shall be paid to the tax commissioner as any other tax due along with interest, as specified in Code Section 48-2-35. The tax commissioner shall adjust the tax bill, including interest, within 15 days from the date of the final determination of value and mail the adjusted bill to the taxpayer. Such interest shall accrue from November 15 of the taxable year in question or the final installment of the tax was due through the date on which the bill was adjusted and mailed or 15 days from the date of the final determination, whichever is earlier. The interest computed on the additional billing shall in no event exceed $150.00 for homestead property or $5,000.00 for nonhomestead property. After the tax bill notice has been mailed out, the taxpayer shall be afforded 60 days from the date of the postmark to make full payment of the adjusted bill and interest. Once the 60 day payment period has expired, the bill shall be considered past due and interest shall accrue as specified in Code Section 48-2-40 without limit until the bill is paid in full. Once past due, all other fees, penalties, and late and collection notices shall apply as prescribed in this chapter for the collection of delinquent taxes. (n) Service of notice. A notice of appeal to a board of tax assessors under subsection (e), (e.1), (f), or (g) of this Code section shall be deemed filed as of the date of the United States Postal Service postmark, receipt of delivery by statutory overnight delivery, or, if the board of tax assessors has adopted a written policy consenting to electronic service, by transmitting a copy to the board of tax assessors via e-mail in portable document format using all e-mail addresses provided by the board of tax assessors and showing in the subject line of the e-mail message the words 'STATUTORY ELECTRONIC SERVICE' in capital letters. Service by mail, statutory overnight delivery, or electronic transmittal is complete upon such service. Proof of service may be made within 45 days of receipt of the annual notice of current assessment under Code Section 48-5-306 to the taxpayer by certificate of the taxpayer, the taxpayer's attorney, or the taxpayer's employee by written admission or by affidavit. Failure to make proof of service shall not affect the validity of service.
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(o) When a taxpayer authorizes an attorney in writing to act on the taxpayer's behalf, all notices required to be provided to the taxpayer regarding hearing times, dates, certifications, or official actions shall instead be provided to such attorney."
SECTION 9A. Said title is further amended in Code Section 48-5-311, relating to county boards of equalization and ad valorem tax appeals, by repealing and reenacting subsections (f) and (g) to read as follows:
"(f) Nonbinding arbitration. (1) As used in this subsection, the term 'certified appraisal' means an appraisal or appraisal report given, signed, and certified as such by a real property appraiser as classified by the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board. (2) At the option of the taxpayer, an appeal shall be submitted to nonbinding arbitration in accordance with this subsection. (3)(A) Following an election by the taxpayer to use the arbitration provisions of this subsection, an arbitration appeal shall be effected by the taxpayer by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by filing a written notice of arbitration appeal with the county board of tax assessors. The notice of arbitration appeal shall specifically state the grounds for arbitration. The notice shall be filed within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306. Within ten days of receipt of a taxpayer's notice of arbitration appeal, the board of tax assessors shall send to the taxpayer an acknowledgment of receipt of the appeal; a notice that the taxpayer shall, within 45 days of the date of transmittal of the acknowledgment of receipt of the appeal, provide to the county board of tax assessors for consideration a copy of a certified appraisal; and a confirmation of the amount of the filing fees, if any, required under Code Section 15-6-77 and notice that within 45 days of the date of transmittal of the acknowledgment of receipt of the appeal, the taxpayer shall pay to the appeal administrator the fees, if any, if the county board of tax assessors rejects the appraisal. Failure of the taxpayer to provide such certified appraisal and filing fees within such 45 days shall terminate the appeal unless the taxpayer within such 45 day period elects to have the appeal immediately forwarded to the board of equalization. Prior to appointment of the arbitrator and within 45 days of the acknowledgment of the receipt of the appeal, the taxpayer shall provide a copy of the certified appraisal as specified in this paragraph to the county board of tax assessors for consideration. Within 45 days of receiving the taxpayer's certified appraisal, the county board of tax assessors shall either accept the taxpayer's appraisal, in which case that value shall become final, or the county board of tax assessors shall reject the taxpayer's appraisal by sending within ten days of the date of such rejection a written notification by certified mail of such rejection to the taxpayer and the taxpayer's attorney of record, in which case the county board of tax assessors shall certify within 45 days the appeal to the appeal administrator of the
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county in which the property is located along with any other papers specified by the person seeking arbitration under this subsection, including, but not limited to, the staff information from the file used by the county board of tax assessors. In the event the taxpayer is not notified of a rejection of the taxpayer's appraisal within such ten-day period, the taxpayer's appraisal value shall become final. In the event that the county board of tax assessors neither accepts nor rejects the value set out in the certified appraisal within 45 days after the receipt of the certified appraisal, then the certified appraisal shall become the final value, and the filing fees shall be returned to the taxpayer. All papers and information certified to the appeal administrator shall become a part of the record on arbitration. At the time of certification of the appeal, the county board of tax assessors shall serve the taxpayer and the taxpayer's attorney of record, if any, or employee with a copy of the certification along with any other papers specified by the person seeking arbitration along with the civil action file number assigned to the appeal. Within 15 days of filing the certification to the appeal administrator, the presiding or chief judge of the superior court of the circuit in which the property is located may issue an order authorizing the arbitration, may advise the parties to initiate an appeal to the superior court pursuant to subsection (g) of this Code section, or may provide other appropriate relief as may be warranted in the discretion of the presiding or chief judge. (B) At any point, the county board of tax assessors and the taxpayer may execute a signed, written agreement establishing the fair market value without entering into or completing the arbitration process. The fair market value as set forth in such agreement shall become the final value. (C) The arbitration shall be conducted pursuant to the following procedure:
(i) The county board of tax assessors shall, at the time the appeal is certified to the appeal administrator under subparagraph (A) of this paragraph, provide to the taxpayer a notice of a meeting time and place to decide upon an arbitrator, to occur within 60 days after the date of sending the rejection of the taxpayer's certified appraisal. Following the notification of the taxpayer of the date and time of the meeting, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the meeting to a date and time acceptable to the taxpayer and the county board of tax assessors. If the parties agree, the matter shall be submitted to a single arbitrator chosen by the parties. If the parties cannot agree on the single arbitrator, the arbitrator may be chosen by the presiding or chief judge of the superior court of the circuit in which the property is located within 30 days after the filing of a petition by either party; (ii) In order to be qualified to serve as an arbitrator, a person shall be classified as a state certified general real property appraiser or state certified residential real property appraiser pursuant to the rules and regulations of the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board and shall have experience or expertise in appraising the type of property that is the subject of the arbitration;
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(iii) The arbitrator, within 30 days after his or her appointment, shall set a time and place to hear evidence and testimony from both parties. The arbitrator shall provide written notice to the parties personally or by registered or certified mail or statutory overnight delivery not less than ten days before the hearing. Such written notice shall advise each party that documents or other written evidence to be presented at the hearing by a party must be provided to the other party not less than seven days prior to the time of the hearing and that any failure to comply with this requirement, unless waived by mutual written agreement of such parties, shall be grounds for a continuance or for exclusion of such documents or other written evidence. The arbitrator, in consultation with the parties, may adjourn or postpone the hearing. Following notification of the taxpayer of the date and time of the hearing, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the hearing to a date and time acceptable to the taxpayer and the county board of tax assessors. The presiding or chief judge of the superior court of the circuit in which the property is located may direct the arbitrator to proceed promptly with the hearing and the determination of the appeal upon application of any party. The hearing shall occur in the county in which the property is located or such other place as may be agreed upon in writing by the parties; (iv) At the hearing, the parties shall be entitled to be heard, to present documents, testimony, and other matters, and to cross-examine witnesses. The arbitrator may hear and determine the controversy upon the documents, testimony, and other matters produced notwithstanding the failure of a party duly notified to appear; (v) The arbitrator shall maintain a record of all pleadings, documents, testimony, and other matters introduced at the hearing. The arbitrator or any party to the proceeding may have the proceedings transcribed by a court reporter; (vi) The provisions of this paragraph may be waived at any time by written consent of the taxpayer and the board of tax assessors; (vii) At the conclusion of the hearing, the arbitrator shall render a decision regarding the fair market value of the property subject to nonbinding arbitration; (viii) In order to determine the fair market value, the arbitrator may consider the final value for the property submitted by the county board of tax assessors and the final value submitted by the taxpayer. The taxpayer shall be responsible for the cost of any appraisal by the taxpayer's appraiser; (ix) The arbitrator may consider, but shall not be bound by, the final value submitted by the county board of tax assessors, the final value submitted by the taxpayer, and evidence supporting the values submitted by the county board of tax assessors and the taxpayer. The arbitrator shall determine the fair market value of the property under appeal. The arbitrator shall notify both parties of the decision verbally and shall send both parties the decision in writing; (x) If the taxpayer's value is closest to the fair market value determined by the arbitrator, the county shall be responsible for the appeal administrator's fees, if any, and the fees and costs of such arbitrator. If the value of the board of tax
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assessors is closest to the fair market value determined by the arbitrator, the taxpayer shall be responsible for the appeal administrator's fees, if any, and the fees and costs of such arbitrator; and (xi) The board of tax assessors shall have the burden of proving its opinion of value and the validity of its proposed assessment by a preponderance of evidence. (4) The provisions in subsection (c) of Code Section 48-5-299 shall apply to the valuation established or rendered by any county board of equalization, arbitrator, hearing officer, or superior court. (5)(A) If the county's tax bills are issued before an arbitrator has rendered his or her decision on property which is on appeal, the county board of tax assessors shall specify to the county tax commissioner the 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 tax assessors. Depending on the circumstances of the property, this amount shall be the basis for a temporary tax bill to be issued; provided, however, that the taxpayer may elect to pay the temporary tax bill in the amount of 100 percent of the current year's valuation if no structural 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. (B) For the purposes of this Code section, any final value that causes a reduction in taxes and creates a refund that is owed to the taxpayer shall be paid by the tax commissioner to the taxpayer, entity, or transferee who paid the taxes with interest, as provided in subsection (m) of this Code section. (C) For the purposes of this Code section, any final value that causes an increase in taxes and creates an additional billing shall be paid to the tax commissioner as any other tax due along with interest, as provided in subsection (m) of this Code section. (g) Appeals to the superior court. (1) The taxpayer or the county board of tax assessors may appeal decisions of the county board of equalization, hearing officer, or arbitrator, as applicable, to the superior court of the county in which the property lies. By mutual written agreement, the taxpayer and the county board of tax assessors may waive an appeal to the county board of equalization and initiate an appeal under this subsection. A county board of tax assessors shall not appeal a decision of the county board of equalization or hearing officer, as applicable, changing an assessment by 20 percent or less unless the board of tax assessors gives the county governing authority a written notice of its intention to appeal, and, within ten days of receipt of the notice, the county governing authority by majority vote does not prohibit the appeal. In the case of a joint city-county board
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of tax assessors, such notice shall be given to the city and county governing authorities, either of which may prohibit the appeal by majority vote within the allowed period of time. (2) An appeal by the taxpayer as provided in paragraph (1) of this subsection shall be effected by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by mailing to or filing with the county board of tax assessors a written notice of appeal. An appeal by the county board of tax assessors shall be effected by giving notice to the taxpayer. The notice to the taxpayer shall be dated and shall contain the name and the last known address of the taxpayer. The notice of appeal shall specifically state the grounds for appeal. The notice shall be mailed or filed within 30 days from the date on which the decision of the county board of equalization, hearing officer, or arbitrator is delivered pursuant to subparagraph (e)(6)(D), paragraph (7) of subsection (e.1), or division (f)(3)(C)(ix) of this Code section. Within 45 days of receipt of a taxpayer's notice of appeal, the county board of tax assessors shall send to the taxpayer notice that a settlement conference, in which the county board of tax assessors and the taxpayer shall confer in good faith, will be held at a specified date and time which shall be no later than 30 days from the notice of the settlement conference, and notice of the amount of the filing fee, if any, required by the clerk of the superior court. The taxpayer may exercise a one-time option to reschedule the settlement conference to a different date and time acceptable to the taxpayer, but in no event later than 30 days from the date of the notice. If at the end of the 45 day review period the county board of tax assessors elects not to hold a settlement conference, then the appeal shall terminate and the taxpayer's stated value shall be entered in the records of the board of tax assessors as the fair market value for the year under appeal. If the appellant chooses not to participate in the settlement conference, he or she may not seek and shall not be awarded fees and costs at such time when the appeal is settled in superior court. If at the conclusion of the settlement conference the parties cannot agree on a fair market value, then written notice shall be provided to the taxpayer that the filing fees must be paid by the taxpayer to the clerk of the superior court within ten days of the date of the conference, with a copy of the check delivered to the county board of tax assessors. Notwithstanding any other provision of law to the contrary, the amount of the filing fee for an appeal under this subsection shall be $25.00. Upon receipt of proof of payment to the clerk of the superior court, the county board of tax assessors shall certify to the clerk of the superior court the notice of appeal and any other papers specified by the person appealing including, but not limited to, the staff information from the file used by the county board of tax assessors, the county board of equalization, the hearing officer, or the arbitrator. All papers and information certified to the clerk shall become a part of the record on appeal to the superior court. At the time of certification of the appeal, the county board of tax assessors shall serve the taxpayer and his or her attorney of record, if any, with a copy of the notice of appeal and with the civil action file number assigned to the appeal. Such service shall be effected in accordance with subsection (b) of Code Section 9-11-5. No discovery,
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motions, or other pleadings may be filed by the county board of tax assessors in the appeal until such service has been made. (3) The appeal shall constitute a de novo action. The board of tax assessors shall have the burden of proving its opinions of value and the validity of its proposed assessment by a preponderance of evidence. Upon a failure of the board of tax assessors to meet such burden of proof, the court may, upon motion or sua sponte, authorize the finding that the value asserted by the board of tax assessors is unreasonable and authorize the determination of the final value of the property.
(4)(A) The appeal shall be placed on the court's next available jury or bench trial calendar, at the taxpayer's election, following the filing of the appeal unless continued by the court. If only questions of law are presented in the appeal, the appeal shall be heard as soon as practicable before the court sitting without a jury. Each hearing before the court sitting without a jury at the taxpayer's election shall be held within 30 days following the date on which the appeal is filed with the clerk of the superior court.
(B)(i) The county board of tax assessors shall use the valuation of the county board of equalization, the hearing officer, or the arbitrator, as applicable, in compiling the tax digest for the county.
(ii)(I) If the final determination of value on appeal is less than the valuation thus used, the tax commissioner shall be authorized to adjust the taxpayer's tax bill to reflect the final value for the year in question. (II) If the final determination of value on appeal causes a reduction in taxes and creates a refund that is owed to the taxpayer, it shall be paid by the tax commissioner to the taxpayer, entity, or transferee who paid the taxes with interest, as provided in subsection (m) of this Code section. (III) If the final determination of value on appeal is 85 percent or less of the valuation set by the county board of equalization, hearing officer, or arbitrator as to any real property, the taxpayer, in addition to the interest provided for by this paragraph, shall recover costs of litigation and reasonable attorney's fees incurred in the action. Any appeal of an award of attorney's fees by the county shall be specifically approved by the governing authority of the county. (iii) If the final determination of value on appeal is greater than the valuation set by the county board of equalization, hearing officer, or arbitrator, as applicable, causes an increase in taxes, and creates an additional billing, it shall be paid to the tax commissioner as any other tax due along with interest, as provided in subsection (m) of this Code section."
SECTION 10. Said title is further amended in Code Section 48-5-345, relating to county tax digests and deviations from certain assessment ratio, by adding a new subsection to read as follows:
"(c) Beginning with tax digests on or after the effective date of this subsection, no county shall be subject to the assessment authorized by subparagraph (b) of this Code section."
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SECTION 11. Said title is further amended by revising subsection (a) of Code Section 48-5-405, relating to the levy and collection of tax by municipalities for independent school systems, as follows:
"(a) Each municipality authorized by law to maintain an independent school system may support and maintain the public common schools within the independent school system by levy of ad valorem taxes at the rate fixed by law upon all taxable property within the limits of the municipality independent school system. The board of education of the municipality or other authority charged with the duty of operating the independent school system shall annually recommend to the governing authority of the municipality the rate of the tax levy, within the limitations fixed by law, to be made upon all taxable property within the limits of the municipality independent school system. Taxes levied and collected for support and maintenance of the independent school system by the municipal governing authority shall be appropriated, when collected, by the governing authority to the board of education or other authority charged with the duty of operating the independent school system. Funds appropriated to an independent school system shall be expended by the board of education or other authority charged with the duty of operating the independent school system only for educational purposes including, but not limited to, school lunch purposes. The term 'school lunch purposes' shall include payment of costs and expenses incurred in the purchase of school lunchroom supplies; the purchase, replacement, or maintenance of school lunchroom equipment; the transportation, storage, and preparation of foods; and all current operating expenses incurred in the management and operation of school lunch programs in the public common schools of the independent school system. 'School lunch purposes' shall not include the purchase of foods."
SECTION 12. Said title is further amended by revising Code Section 48-5-492, relating to issuance of mobile home location permits, as follows:
"48-5-492. (a) Each year every owner of a mobile home subject to taxation under this article shall obtain on or before May April 1 from the tax collector or tax commissioner of the county of taxation of the mobile home a mobile home location permit. The issuance of the permit by the tax collector or tax commissioner shall be evidenced by the issuance of a decal, the color of which shall be prescribed for each year by the commissioner. Each decal shall reflect the county of issuance and the calendar year for which the permit is issued. The decal shall be prominently attached and displayed on the mobile home by the owner. (b) Except as provided for mobile homes owned by a dealer, no mobile home location permit shall be issued by the tax collector or tax commissioner until all ad valorem taxes due on the mobile home have been paid. Each year every owner of a mobile home situated in this state on January 1 which is not subject to taxation under this article shall obtain on or before May April 1 from the tax collector or tax commissioner
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of the county where the mobile home is situated a mobile home location permit. The issuance of the permit shall be evidenced by the issuance of a decal which shall reflect the county of issuance and the calendar year for which the permit is issued. The decal shall be prominently attached and displayed on the mobile home by the owner."
SECTION 13. Said title is further amended in Code Section 48-5-493, relating to penalties for failure to attach and display certain decals, by revising paragraph (2) of subsection (a) as follows:
"(2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $25.00 $100.00 nor more than $200.00 $300.00, except that upon receipt of proof of purchase of a decal prior to the date of the issuance of a summons, the fine shall be $25.00 $50.00; provided, however, that in the event such person owns more than one mobile home in an individual mobile home park, then the maximum fine under this paragraph for such person with respect to such mobile home park shall not exceed $1,000.00."
SECTION 14. Said title is further amended by revising Code Section 48-5-494, relating to mobile home tax returns and decal application and issuance, as follows:
"48-5-494. Each year every owner of a mobile home subject to taxation under this article shall return the mobile home for taxation and shall pay the taxes due on the mobile home at the time the owner applies for the mobile home location permit, or at the time of the first sale or transfer of the mobile home after December 31, or on May April 1, whichever occurs first. If the owner returns such owner's mobile home for taxation prior to the date that the application for the mobile home location permit is required, such owner shall apply for the permit at the time such owner returns the mobile home for taxation."
SECTION 15. Said title is further amended in Code Section 48-6-2, relating to real estate transfer tax exemptions, by revising subsection (b) as follows:
"(b) In order to exercise any exemption provided in this Code section, the total consideration of the transfer shall be shown for real and personal property conveyed shall be shown on the form prescribed in subsection (c) of Code Section 48-6-4."
SECTION 16. Said title is further amended in Code Section 48-6-4, relating to real estate transfer tax payment as certain filing prerequisites, by revising subsections (a), (b), and (c) as follows: "(a) It is the intent of the General Assembly that the tax imposed by this article be paid to the clerk of the superior court or his or her deputy, and that the actual consideration of real and personal property conveyed shall be shown separately on the
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form prescribed in subsection (c) of this Code section, prior to and as a prerequisite to the filing for record of any deed, instrument, or other writing described in Code Section 48-6-1. (b) No deed, instrument, or other writing described in Code Section 48-6-1 shall be filed for record or recorded in the office of the clerk of the superior court or filed for record or recorded in or on any other official record of this state or of any county until the tax imposed by this article has been paid and until the actual consideration of real and personal property conveyed has been shown separately on the form prescribed in subsection (c) of this Code section; provided, however, that any such deed, instrument, or other writing filed or recorded which would otherwise constitute constructive notice shall constitute such notice whether or not such tax was in fact paid. (c) The amount of tax to be paid on a deed, instrument, or other writing shall be determined on the basis of written disclosure of the actual consideration or value of the interest in the property granted, assigned, transferred, or otherwise conveyed. The disclosure of the amount of tax and the actual consideration shall be made on a form or in electronic format prescribed by the commissioner and provided by the clerk of the superior court. By the fifteenth day of the month following the month the deed, instrument, or other writing is recorded, a physical or electronic copy of each disclosure shall be forwarded or made available electronically to the state auditor and to the tax commissioner and the board of tax assessors in the county where the deed, instrument, or other writing is recorded."
SECTION 17.
(a) Section 11, this section, and Section 18 of this Act shall become effective upon the approval of this Act by the Governor or upon this Act becoming law without such approval. (b) Section 10 of this Act shall become effective on January 1, 2017. (c) The remaining sections of this Act shall become effective on January 1, 2016.
SECTION 18. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams E Alexander N Allison Y Anderson Y Atwood Y Ballinger
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix
Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer
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E Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin E Beverly Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick E Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims
Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin E Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner E Waites Y Watson Y Welch Y Weldon Y Werkheiser 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.
HB 320. By Representatives Williams of the 119th, Ramsey of the 72nd, Carter of the 175th, Hatchett of the 150th, Peake of the 141st 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 provide that public disclosure of certain records held by the Georgia Student Finance Commission, the Georgia Higher Education Assistance Corporation, and the Georgia Student Finance Authority is not required; to provide, without judicial action, for the garnishment of pay, loss of a professional license, offset of lottery winnings, and offset of a state tax refund for amounts owed to the Georgia Student Finance Commission and the Georgia Student Finance Authority; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
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1085
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 E Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin E Beverly Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler
Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick E Kidd Y Kirby
Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin E Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner E Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 298. By Representatives Jacobs of the 80th, Willard of the 51st, Oliver of the 82nd, Beskin of the 54th, Pak of the 108th and others:
A BILL to be entitled an Act to amend Code Section 9-11-4.1 of the Official Code of Georgia Annotated, relating to certified process servers, so as to
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repeal the sunset and legislative review provisions; 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 E Alexander N Allison Y Anderson Y Atwood Y Ballinger E Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin E Beverly Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans N Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
N Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb N Holmes N Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L Y Jones, S E Jordan Y Kaiser N Kelley Y Kendrick E Kidd Y Kirby Y Knight N LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell N Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake N Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves N Rhodes Y Rice N Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner N Tarvin E Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. Y Thomas, E Y Trammell Y Turner E Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 150, nays 14.
The Bill, having received the requisite constitutional majority, was passed.
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1087
HB 160. By Representatives Dunahoo of the 30th, Jasperse of the 11th, Chandler of the 105th, Gravley of the 67th, Rogers of the 29th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to wildlife trapping, trappers, and fur dealers, so as to repeal a provision prohibiting the trapping of raccoons in certain counties; 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:
N Abrams E Alexander Y Allison N Anderson Y Atwood Y Ballinger E Barr Y Battles E Beasley-Teague N Bell Y Belton N Bennett Y Bentley Y Benton N Beskin E Beverly Y Broadrick N Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier N Frye N Gardner Y Gasaway Y Geisinger Y Glanton
Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L Y Jones, S E Jordan N Kaiser Y Kelley Y Kendrick E Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin N Martin Y Maxwell Y Mayo Y McCall Y McClain
N Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin E Taylor, D Y Taylor, T Y Teasley N Thomas, A.M.
Thomas, E Y Trammell Y Turner E Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
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On the passage of the Bill, the ayes were 144, nays 18.
The Bill, having received the requisite constitutional majority, was passed.
HB 49. By Representatives Harrell of the 106th, Knight of the 130th, Fludd of the 64th, Powell of the 171st and Houston of the 170th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for electronic service of certain notices; 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 E Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin E Beverly Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick E Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper
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 Tankersley Y Tanner Y Tarvin E Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner E Waites Y Watson Y Welch Y Weldon N Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
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Y Coleman Y Cooke
Y Greene Y Hamilton
Y McCall Y McClain
Y Shaw Y Sims
Y Yates Ralston, Speaker
On the passage of the Bill, the ayes were 164, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
The following Bill of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
HB 117. By Representatives Hamilton of the 24th, Pruett of the 149th, Fleming of the 121st, Strickland of the 111th, Kirby of the 114th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the O.C.G.A., relating to employment security, so as to change certain provisions relating to employment security; to modify the definition of the term "most recent employer"; to amend Code Section 50-36-1 of the O.C.G.A., relating to requirements, procedures, and conditions for verification of lawful presence within the United States, exceptions, regulations, and criminal and other penalties for violations, so as to provide a method for such verification of lawful presence that may be utilized in conjunction with the electronic filing of an application for unemployment insurance with the Department of Labor; 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 E Alexander Y Allison Y Anderson Y Atwood Y Ballinger E Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin E Beverly Y Broadrick
Y Coomer Y Cooper Y Corbett 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 Ealum
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J
Y Meadows Y Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons E Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince
Y Smith, E Y Smith, L
Smith, M Y Smith, R Y Smyre Y Spencer
Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin E Taylor, D Y Taylor, T
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Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton
Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Jones, J.B. Jones, L
Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick E Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Pruett Y Quick Y Raffensperger Y Rakestraw N Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims
Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner E Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 1.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bills of the House were postponed until the next legislative day:
HB 63. By Representatives Tanner of the 9th, England of the 116th, Dickson of the 6th, Coleman of the 97th, Evans of the 42nd 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, computation, and rate of and exemptions from state income taxes, so as to revise the amount of the adult basic skills education program tax credit; to provide for procedures, conditions, and limitations; to provide an aggregate cap on the amount of the tax credit; to provide for a short title; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
HB 73. By Representatives Turner of the 21st, Hamilton of the 24th, Taylor of the 173rd, Caldwell of the 20th, Hightower of the 68th 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
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1091
durational residency requirements; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 246. By Representatives Knight of the 130th, Carson of the 46th, Mosby of the 83rd and Wilkerson of the 38th:
A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to provide for powers and actions granted to other licensing boards; to revise and add definitions; to provide that the State Board of Accountancy is administratively attached to the State Accounting Office; to change provisions relating to foreign registered accountants; to change the standard of proof; to provide for confidentiality of certain information; to amend Chapter 5B of Title 50 of the Official Code of Georgia Annotated, relating to the State Accounting Office, so as to remove the State Board of Accountancy as a division of the State Accounting office; 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, A.M., Monday, February 23, 2015, 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 23, 2015.
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Representative Hall, Atlanta, Georgia
Monday, February 23, 2015
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 E Barr Battles E Beasley-Teague Bell Belton Bennett Bentley Benton Beskin E Beverly Broadrick Brockway Brooks Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter E Casas Chandler Cheokas Clark, D Clark, H Clark, V Coleman
Cooke Coomer Cooper Corbett Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Douglas Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Fludd E Frazier Frye Gardner Gasaway E Geisinger Glanton Golick Gordon Gravley Greene
Hamilton Harden Harrell Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, L Jones, S E Jordan Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lumsden Mabra Marin Martin Maxwell Mayo McCall
McClain Meadows Mitchell Morris Nimmer Nix O'Neal Parrish Parsons Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick Raffensperger Rakestraw Ramsey Reeves Rhodes Rice Roberts Rogers, C Rogers, T Rutledge Rynders E Scott Setzler Sharper Shaw Sims Smith, E
Smith, L Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R Stephenson Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner Waites Watson Werkheiser 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 Bruce of the 61st, Dollar of the 45th, Harbin of the 122nd, Jacobs of the 80th, Mosby of the 83rd, Oliver of the 82nd, Randall of the 142nd, Welch of the 110th, and Weldon of the 3rd.
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They wished to be recorded as present.
Prayer was offered by Reverend Wayne Woods, Pastor, First Baptist Church Moultrie, Moultrie, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 427. By Representatives Geisinger of the 48th and Taylor of the 79th:
A BILL to be entitled an Act to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, so as to provide for definitions; to create the Georgia Board of Private Detective and Security Agencies and Locksmiths; to provide for the membership, duties, and powers of such board; to provide for fees; to provide for the licensing of locksmiths; to provide for qualifications for licensing; to provide for certain documentation and records; to provide for identification cards; to provide for the
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maintenance of certain information; to prohibit certain acts; to provide for penalties and sanctions; to provide for exceptions; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 428. 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 extend 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 429. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that no health benefit plan shall restrict coverage for prescribed treatment based upon the insured's diagnosis with a terminal condition; 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 Insurance.
HB 430. By Representatives Efstration of the 104th, Atwood of the 179th, Reeves of the 34th, Lumsden of the 12th, Ballinger of the 23rd and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 17 of the O.C.G.A., relating to search and seizure, so as to revise and modernize the law relating to search and seizure; to amend Article 3 of Chapter 11 of Title 16 of the O.C.G.A., relating to invasions of privacy, so as to repeal provisions relating to wiretapping and surveillance now contained in Chapter 5 of Title 17; to amend Chapter 18 of Title 15 of the O.C.G.A., relating to prosecuting attorneys; to amend Code Sections 2-2-11, 2-15-14, 12-2-2, 15-18-15, 27-4263, 49-4-146.3, and Title 16 of the O.C.G.A., relating to inspection warrants for the Department of Agriculture, inspection warrants for pacific white shrimp aquaculture; to provide for related matters; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Judiciary Non-Civil.
HB 431. By Representatives Shaw of the 176th, Carter of the 175th, Corbett of the 174th and Sharper of the 177th:
A BILL to be entitled an Act to authorize the governing authority of Lowndes County to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 432. By Representatives Raffensperger of the 50th, Willard of the 51st, Geisinger of the 48th, Brooks of the 55th, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory by municipal corporations, so as to provide that local Acts providing for the deannexation of property from a municipality and the annexation of the same property to another municipality which are effective on the same date do not create a prohibited unincorporated island; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 433. By Representatives Cooke of the 18th, Hightower of the 68th, Smith of the 70th and Nix of the 69th:
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 provide for the formation of a metropolitan planning process for the Atlanta Urbanized Area and Atlanta Air Quality region; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 434. By Representatives Reeves of the 34th, Cooper of the 43rd, Evans of the 42nd, Kelley of the 16th, Carson of the 46th 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 regarding torts, so as to provide for civil immunity for a person who causes property damage
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resulting from the forcible entry of a motor vehicle for the purpose of removing a minor from such vehicle due to the belief of imminent danger to the minor; to provide for a definition; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 435. By Representatives Pak of the 108th and 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 for the revision of personal income tax rates; to eliminate itemized adjustments to Georgia taxable net income except for limited mortgage deductions and charitable contributions; 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 436. By Representatives Clark of the 101st, Cooper of the 43rd, Sims of the 123rd, Kaiser of the 59th, Hawkins of the 27th and others:
A BILL to be entitled an Act to amend Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to control of venereal disease, so as to require that physicians and health care providers offer HIV and syphilis testing of pregnant women in their third trimester of pregnancy; to provide for refusal of testing by a pregnant woman; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 437. By Representatives Jones of the 167th and Atwood of the 179th:
A BILL to be entitled an Act to amend an Act creating the Brunswick-Glynn County Joint Water and Sewer Commission, approved April 19, 2006 (Ga. L. 2006, p. 3661), as amended, particularly by an Act approved April 11, 2012 (Ga. L. 2012, p. 5287), so as to provide for a short title name change; to provide for nonpartisan election in conjunction with general primary; to provide for terms of elected members; to provide for a quorum; to provide for public access to annual budget; to provide for solicitation of donations; to provide for assistance to low-income customers; to provide for separate accounting for certain donations and the expenditure of excess funds; to
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provide for notices and hearings prior to any increase in water or waste-water rates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 438. By Representatives Raffensperger of the 50th, Wilkinson of the 52nd, Bentley of the 139th, Willard of the 51st, Jones of the 47th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to prohibit the use of government supplied e-mail addresses for campaign purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 439. By Representatives Shaw of the 176th, Abrams of the 89th, England of the 116th, Hatchett of the 150th, Knight of the 130th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to establish qualified low-income community investment; to provide for a short title; to provide for 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 440. By Representatives Glanton of the 75th, Dudgeon of the 25th, Stovall of the 74th and Casas of the 107th:
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 taxation, so as to provide an exemption for corporate donors to student scholarship organizations; to amend Chapter 2A of Title 20 of the Official Code of Georgia Annotated, relating to student scholarship organizations, so as to create a new income tax exemption for student scholarship funding; to provide for corporate donations to student scholarship organizations; to provide for procedures,
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conditions, and limitations; to provide for a short title; 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 441. By Representatives Fleming of the 121st, Harbin of the 122nd, Dudgeon of the 25th, Sims of the 123rd, Coleman of the 97th 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 "Flexibility for Student Achievement Act"; to provide for definitions; to categorize high performing school systems; to establish requirements; to provide for full flexibility for high performing school systems; to provide for statutory construction; 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 442. By Representatives Gasaway of the 28th, Ramsey of the 72nd, Quick of the 117th, Efstration of the 104th, Brockway of the 102nd and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of governmental office, so as to provide definitions; 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.
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 Committee:
HB 445. By Representative Carson of the 46th:
A BILL to be entitled an Act to amend certain titles of the Official Code of Georgia Annotated so as to provide for comprehensive changes to the nature of taxation in this state; to amend Titles 48, 36, and 46 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation, local government, and public utilities, so as to provide for comprehensive revision of personal income taxes; to provide for a short title; to provide for effective dates; to provide for applicability; to provide that certain provisions of this
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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 457. By Representatives Hawkins of the 27th, Rogers of the 29th, Clark of the 98th, Dunahoo of the 30th, Coleman of the 97th and others:
A BILL to be entitled an Act to amend Part 7 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to watercraft held in inventory, so as to provide that watercraft held in inventory shall be exempt from ad valorem taxation; 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.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 396 HB 398 HB 400 HB 402 HB 404 HB 406 HB 408 HB 410 HB 412 HB 414 HB 416 HB 418 HB 420 HB 422 HB 424 HB 426 HR 426 SB 51
HB 397 HB 399 HB 401 HB 403 HB 405 HB 407 HB 409 HB 411 HB 413 HB 415 HB 417 HB 419 HB 421 HB 423 HB 425 HR 425 HR 450 SB 65
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The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR MONDAY, FEBRUARY 23, 2015
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 177
Social services; school personnel required to report child abuse shall be notified by child protective agency upon receipt of report and completion of investigation; provide (JuvJ-Wilkerson-38th)
Modified Structured Rule
HB 121
Elections; write-in candidacy filings to include authorization by candidate if not done by candidate; require notice (GAff-Hamilton-24th)
Structured Rule
HB 70
State symbols; designate gray fox as official state mammal (Substitute)(SRules-Hugley-136th)
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. Cook, the Secretary thereof:
Mr. Speaker:
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1101
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 4.
By Senators Gooch of the 51st, Williams of the 19th, Mullis of the 53rd, Orrock of the 36th, Ginn of the 47th and others:
A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, relating to urban redevelopment for counties and municipal corporations, so as to provide for the use of surface transportation projects in urban redevelopment areas; to provide for definitions; to provide for public contracts with private enterprises for the completion of surface transportation projects; to provide for methods of procurement for surface transportation projects in urban redevelopment areas; to provide for limitations on former public employees when negotiating contracts for surface transportation projects; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 72. By Senators Mullis of the 53rd, Harper of the 7th, Watson of the 1st, Albers of the 56th, Seay of the 34th and others:
A BILL to be entitled an Act to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to provide a measure of equivalency in the punishment of crimes committed against police dogs in the performance of their official duties as to that of peace officers; to provide a short title; 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 300. By Representatives Oliver of the 82nd, Stephenson of the 90th, Jacobs of the 80th, Mosby of the 83rd, Holcomb of the 81st and others:
A BILL to be entitled an Act to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, so as to establish the traffic division of said court; to provide for judges; to provide for initial terms and elections; to provide for the assignment of cases; to provide for a solicitor and clerk; 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:
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SB 4.
By Senators Gooch of the 51st, Williams of the 19th, Mullis of the 53rd, Orrock of the 36th, Ginn of the 47th and others:
A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, relating to urban redevelopment for counties and municipal corporations, so as to provide for the use of surface transportation projects in urban redevelopment areas; to provide for definitions; to provide for public contracts with private enterprises for the completion of surface transportation projects; to provide for methods of procurement for surface transportation projects in urban redevelopment areas; to provide for limitations on former public employees when negotiating contracts for surface transportation projects; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
SB 72.
By Senators Mullis of the 53rd, Harper of the 7th, Watson of the 1st, Albers of the 56th, Seay of the 34th and others:
A BILL to be entitled an Act to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to provide a measure of equivalency in the punishment of crimes committed against police dogs in the performance of their official duties as to that of peace officers; to provide a short title; to provide for related matters; 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 Bennett of the 94th, Kelley of the 16th, Quick of the 117th et al., Cooper of the 43rd, Nix of the 69th, Powell of the 32nd et al., Williams of the 168th, Rynders of the 152nd, and Dawkins-Haigler of the 91st.
Pursuant to HR 405, the House commended Change 4 Georgia and invited the group to be recognized by the House of Representatives.
Pursuant to HR 217, the House commended Mary Long and invited her to be recognized by the House of Representatives.
Pursuant to HR 285, the House commended the 4-H Clubs of Georgia, recognized February 23, 2015, as 4-H Day at the capitol, and invited Mr. Ben Hancock, Mr. Arch D.
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Smith, and the 2014-2015 4-H Leadership Team 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 121. By Representatives Hamilton of the 24th, Powell of the 32nd, Brockway of the 102nd, Fleming of the 121st and Taylor of the 173rd:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally, so as to require notice of writein candidacy filings to include an authorization by the candidate if such filings are not done by the candidate; 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 E Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd
Fludd E Frazier Y Frye
Gardner Y Gasaway E Geisinger
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal
Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson
Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard
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Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 70. By Representatives Hugley of the 136th, Smyre of the 135th, Buckner of the 137th, Smith of the 134th and Pezold of the 133rd:
A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the gray fox as the official state mammal; 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 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the white-tailed deer as the official state mammal; 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 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, is amended by adding a new Code section to read as follows:
"50-3-87. The white-tailed deer is designated as the official Georgia state mammal."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
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1105
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 E Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley N Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell
Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd E Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J
Jones, J.B. Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo N McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal
Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley
Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson
Welch Y Weldon Y Werkheiser 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 163, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 177. By Representatives Wilkerson of the 38th, Willard of the 51st, Chandler of the 105th, Oliver of the 82nd, Welch of the 110th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to provide that certain school personnel who are
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required to report child abuse shall be notified upon receipt of such report and upon completion of its investigation; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger E Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal
Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts
Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson
Welch Y Weldon Y Werkheiser 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.
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By unanimous consent, the following Bills of the House, having been previously postponed, were again postponed until the next legislative day:
HB 63. By Representatives Tanner of the 9th, England of the 116th, Dickson of the 6th, Coleman of the 97th, Evans of the 42nd 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, computation, and rate of and exemptions from state income taxes, so as to revise the amount of the adult basic skills education program tax credit; to provide for procedures, conditions, and limitations; to provide an aggregate cap on the amount of the tax credit; to provide for a short title; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
HB 73. By Representatives Turner of the 21st, Hamilton of the 24th, Taylor of the 173rd, Caldwell of the 20th, Hightower of the 68th 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.
HB 246. By Representatives Knight of the 130th, Carson of the 46th, Mosby of the 83rd and Wilkerson of the 38th:
A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to provide for powers and actions granted to other licensing boards; to revise and add definitions; to provide that the State Board of Accountancy is administratively attached to the State Accounting Office; to change provisions relating to foreign registered accountants; to change the standard of proof; to provide for confidentiality of certain information; to amend Chapter 5B of Title 50 of the Official Code of Georgia Annotated, relating to the State Accounting Office, so as to remove the State Board of Accountancy as a division of the State Accounting office; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Resolutions of the House were read and referred to the Committee on Rules:
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HR 456. By Representatives Williamson of the 115th, Fleming of the 121st, Taylor of the 79th, Abrams of the 89th, Dunahoo of the 30th and others:
A RESOLUTION recognizing and commending the contributions of the Republic of Turkey and the Turkic American Federation of Southeast, and inviting the Turkish delegation to be recognized by the House of Representatives; and for other purposes.
HR 457. By Representatives Dawkins-Haigler of the 91st, Kendrick of the 93rd, Stephenson of the 90th, Mosby of the 83rd and Anderson of the 92nd:
A RESOLUTION commending Roderick Cunningham for his efforts to assist victims of domestic violence 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 451 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 451. By Representative Williamson of the 115th:
A RESOLUTION commending the Social Circle High School wrestling 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 458. By Representatives Williams of the 87th, Teasley of the 37th, Quick of the 117th, Jackson of the 128th, Mabra of the 63rd and others:
A RESOLUTION recognizing March 4, 2015, as Children's Day at the state capitol; and for other purposes.
HR 459. By Representatives Williams of the 87th, Jackson of the 128th, Geisinger of the 48th, Wilkinson of the 52nd, Bruce of the 61st and others:
A RESOLUTION recognizing June, 2015, as Not 1 Forgotten Men's Cancer Awareness Month; and for other purposes.
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HR 460. By Representatives Smith of the 70th, Tankersley of the 160th, Wilkinson of the 52nd, Willard of the 51st, Buckner of the 137th and others:
A RESOLUTION commending the Keep Georgia Beautiful Program and the 78 local Keep America Beautiful affiliates who organize hundreds of thousands of volunteers to improve communities state wide; and for other purposes.
HR 461. By Representatives Mosby of the 83rd, Maxwell of the 17th, Jones of the 47th, Ramsey of the 72nd, Thomas of the 56th and others:
A RESOLUTION commending Georgia State University student-athlete Ronald Jordan "R.J." Hunter for setting the school's all-time men's basketball scoring record; and for other purposes.
HR 462. By Representatives Dickey of the 140th, Peake of the 141st and Holmes of the 129th:
A RESOLUTION commending Caroline Waldrep, Mary Persons High School's 2015 STAR Student; and for other purposes.
HR 463. By Representatives Dickey of the 140th, Peake of the 141st and Holmes of the 129th:
A RESOLUTION commending Deborah Woodward, Mary Persons High School's 2015 STAR Teacher; and for other purposes.
HR 464. By Representatives Frazier of the 126th, Howard of the 124th, Sims of the 123rd, Smith of the 125th, Bruce of the 61st and others:
A RESOLUTION honoring the life and memory of Mrs. Turetha Elizabeth Neely; and for other purposes.
HR 465. By Representatives Maxwell of the 17th, Gravley of the 67th and Rakestraw of the 19th:
A RESOLUTION recognizing and commending the East Paulding High School Air Force Junior Reserve Officers Training Corp Drill Team; and for other purposes.
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HR 466. By Representative Dudgeon of the 25th:
A RESOLUTION recognizing and commending Matthew Capen King; and for other purposes.
HR 467. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION congratulating the Jefferson High School wrestling team on winning the Class AAA state traditional wrestling championship; and for other purposes.
HR 468. By Representatives Dawkins-Haigler of the 91st, Prince of the 127th, Mitchell of the 88th, Hugley of the 136th and Stephenson of the 90th:
A RESOLUTION commending Jack and Jill of America, Inc.; and for other purposes.
HR 469. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION recognizing and commending the Commerce High School wrestling team on winning the state championship; and for other purposes.
HR 470. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION honoring the life and memory of Virgil Emerson Adams; and for other purposes.
HR 471. By Representative Coleman of the 97th:
A RESOLUTION recognizing February 17, 2015, as Literacy Day at the state capitol; and for other purposes.
HR 472. By Representatives Wilkinson of the 52nd, Hitchens of the 161st, Powell of the 32nd, Waites of the 60th, Atwood of the 179th and others:
A RESOLUTION commending the Georgia Optometric Association for its outstanding service to the State of Georgia; and for other purposes.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
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1111
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 11. By Senator Lucas of the 26th:
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), as amended, 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 repeal conflicting laws; and for other purposes
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
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Representative Hall, Atlanta, Georgia
Tuesday, February 24, 2015
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 Atwood E Ballinger E Barr E Battles E Beasley-Teague E Bell Belton Bennett Bentley Benton Beskin Beverly Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter Casas Chandler Cheokas Clark, D Clark, H Clark, V Coleman
Cooke E Coomer
Cooper Corbett Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey E Dickson Dollar Douglas E Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gasaway Geisinger Glanton E Golick Gordon Gravley Greene
Hamilton Harbin Harden Harrell Hatchett Hawkins Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, L Jones, S E Jordan Kaiser Kelley Kidd Kirby Knight LaRiccia Lumsden Mabra Marin Martin Maxwell Mayo McCall
McClain Meadows Mitchell Morris Mosby Nimmer Nix O'Neal Pak Parrish Parsons Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper
Shaw Sims Smith, E Smith, L Smith, R Smyre Spencer Stephens, M Stephens, R E Stephenson Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E Turner Waites Watson Welch Weldon Werkheiser E Wilkinson Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker
Due to a mechanical malfunction, Representative Trammell of the 132nd was not recorded on the attendance roll call. He wished to be recorded as present.
The following members were off the floor of the House when the roll was called:
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Representatives Anderson of the 92nd, Jacobs of the 80th, Oliver of the 82nd, and Willard of the 51st.
They wished to be recorded as present.
Prayer was offered by Reverend Kevin Miller, Senior Pastor, Hebron Baptist Church, Dacula, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 443. By Representatives Dempsey of the 13th, Yates of the 73rd, Coomer of the 14th, Atwood of the 179th, Meadows of the 5th 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 permit employers to create and use a policy that provides preferential hiring, promoting, or retention to veterans of the
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armed forces of the United States; to provide for definitions; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 444. By Representatives McCall of the 33rd, Taylor of the 79th, Stephens of the 164th, England of the 116th, Douglas of the 78th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide that any regulation regarding the use, disposition, or sale or any imposition of any prohibition, restriction, fee imposition, or taxation of auxiliary containers shall be done only by general law; to provide for legislative findings; to provide for a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 446. By Representative Kelley of the 16th:
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 taxation, so as to provide an exemption for donors to college and career academies; to provide for 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 447. By Representatives Epps of the 144th, Randall of the 142nd, Dickey of the 140th and Peake of the 141st:
A BILL to be entitled an Act to amend an Act known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, so as to change the compensation of members of the authority; to provide for future changes in compensation; 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.
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1115
HB 448. By Representatives England of the 116th, Quick of the 117th and Kirby of the 114th:
A BILL to be entitled an Act to amend an Act providing authority for members of the Board of Education of Barrow County, approved April 19, 1971 (Ga. L. 1971, p. 3919), as amended, particularly by an Act approved January 29, 1988 (Ga. L. 1988, p. 3501), so as to revise a provision relating to the time to appoint a member to a vacancy on the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 449. By Representatives England of the 116th, Quick of the 117th and Kirby of the 114th:
A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain Barrow County school district ad valorem taxes for educational purposes, approved May 1, 2006 (Ga. L. 2006, p. 3974), so as to eliminate the requirement to submit a new application for the exemption in the year following a reevaluation; 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 450. By Representatives McCall of the 33rd, Harden of the 148th, Bentley of the 139th, Cooke of the 18th and Kaiser of the 59th:
A BILL to be entitled an Act to amend Part 3 of Article 3 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to inspection of animals, carcasses, meat, and meat food products, so as to exempt in-person sales of meat food products from certain requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 451.
By Representatives Dawkins-Haigler of the 91st, Brooks of the 55th, Williams of the 168th, Thomas of the 56th, Stephenson of the 90th and others:
A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to repeal the statute relating to no duty to retreat prior to the use of force; to correct cross-
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references; to repeal the defense of self or others as an absolute defense; 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 452. By Representatives Ballinger of the 23rd, Efstration of the 104th, Fleming of the 121st, Powell of the 32nd, Golick of the 40th and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the Family Violence and Stalking Protective Order Registry, so as to provide for registration of pretrial release orders that prohibit contact with others issued in this state and in foreign courts; to revise the short title; to revise definitions; to provide for conforming references to the defined terms; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 453. By Representatives Spencer of the 180th and Corbett of the 174th:
A BILL to be entitled an Act to amend an Act to incorporate the City of Kingsland in Camden County, Georgia, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, so as to provide for election of the mayor and council by majority vote; to provide for related matters; to provide for a referendum; 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 Intragovernmental Coordination - Local.
HB 454. By Representatives Spencer of the 180th and Corbett of the 174th:
A BILL to be entitled an Act to amend an Act to incorporate the City of Kingsland in Camden County, Georgia, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, particularly by an Act approved March 5, 1976 (Ga. L. 1976, p. 2833), so as to provide for the holding of elections in evennumbered years; to provide for related matters; to provide for a referendum; 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 Intragovernmental Coordination - Local.
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1117
HB 455. By Representative Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Part 1 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to stopping, standing, and parking vehicles, so as to prohibit parking a motor vehicle in a manner that would prevent emergency vehicles from accessing private property without an identifiable driveway; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 456. By Representatives Weldon of the 3rd, Fleming of the 121st and Evans of the 42nd:
A BILL to be entitled an Act to amend Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trusts, so as to establish qualified self-settled spendthrift trusts; to amend Part 4 of Article 9 of Title 11 of the Official Code of Georgia Annotated, relating to rights of third parties to secured transactions, so as to exclude qualified self-settled spendthrift trusts from restrictions on assignment; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 458. By Representatives Fleming of the 121st, Powell of the 171st, Atwood of the 179th, Weldon of the 3rd, Kelley of the 16th 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 provide daily expense allowances to Supreme Court Justices and Court of Appeals Judges in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 459. By Representatives Shaw of the 176th, Buckner of the 137th, Corbett of the 174th, Bentley of the 139th, Sharper of the 177th and others:
A BILL to be entitled an Act to amend Code Section 47-3-89 of the Official Code of Georgia Annotated, relating to credit in the Teachers Retirement System of Georgia for service rendered in governmentally supported or operated schools other than public schools in Georgia and payments required to obtain credit for such service, so as to provide for such creditable service
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for certain prior teaching service as a federal employee of the United States Department of Defense or the United States Bureau of Prisons; to provide a short title; 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 460. By Representatives Stephens of the 164th, Greene of the 151st, Kidd of the 145th and Tanner of the 9th:
A BILL to be entitled an Act to amend Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to distilled spirits, so as to change certain provisions relating to manufacturing of distilled spirits and the promotion such of products; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 461. By Representatives Shaw of the 176th, Strickland of the 111th, Stephens of the 165th, Maxwell of the 17th, Watson of the 172nd and others:
A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals recyclers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 462. By Representatives Powell of the 32nd, Williams of the 168th, Greene of the 151st and Williamson of the 115th:
A BILL to be entitled an Act to amend Part 1 of Article 2A of Title 11 of the Official Code of Georgia Annotated, relating to general provisions relative to leases, so as to provide for the classification of sale leaseback transactions under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 463. By Representative Harbin of the 122nd:
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 allow nurse
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1119
practitioners and physician assistants to receive an income tax credit for teaching students on community rotations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 464. By Representative Williamson of the 115th:
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, and exemptions from state income taxes, so as to sunset tax credits relating to water conservation facilities and a shift from ground-water usage; 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 465. By Representatives Kidd of the 145th and Rhodes of the 120th:
A BILL to be entitled an Act to authorize the governing authority of Putnam 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 466. By Representatives Powell of the 171st, Knight of the 130th, Harbin of the 122nd, Harrell of the 106th, Stephens of the 164th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to 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 467. By Representatives Powell of the 171st, Knight of the 130th, Harbin of the 122nd, Harrell of the 106th and Stephens of the 164th:
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.
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Referred to the Committee on Ways & Means.
HB 468. By Representative Cooke of the 18th:
A BILL to be entitled an Act to provide a new charter for the City of Mount Zion; to provide for other matters relative to the foregoing; to provide for effective dates; to provide a specific repealer; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 473. By Representatives Dudgeon of the 25th, Ramsey of the 72nd, Brockway of the 102nd, Setzler of the 35th, Harbin of the 122nd and others:
A RESOLUTION creating the Joint Study Committee on Cyber Security; and for other purposes.
Referred to the Committee on Science and Technology.
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 477. By Representative Jones of the 47th:
A BILL to be entitled an Act to amend Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to procedures for disposition of property formerly acquired for public road purposes but later abandoned, so as to provide for notice and right to acquire when such property is located within a subdivision; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
By unanimous consent, the following Bills of the House and Senate were read the second time:
HB 427 HB 429 HB 431 HB 433 HB 435 HB 437 HB 439
HB 428 HB 430 HB 432 HB 434 HB 436 HB 438 HB 440
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HB 441 HB 445 SB 4
HB 442 HB 457 SB 72
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 1 HB 71 HB 103
Do Pass, by Substitute Do Pass, by Substitute 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 69 HB 147 HB 210
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute
HB 118 HB 169 HB 325
Do Pass Do Pass 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 TUESDAY, FEBRUARY 24, 2015
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Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 21st Legislative Day as enumerated below:
DEBATE CALENDAR
Open Rule
HB 217
HB 256 HR 304
Investments; public retirement systems to invest in mutual funds, commingled funds, collective investment funds, common trusts, and group trusts; authorize (Substitute)(Ret-Maxwell-17th) Georgia Firefighters' Pension Fund; provide new definitions; provisions (Ret-Maxwell-17th) Georgia's technical schools, colleges and universities; expand gerontology and dementia education and training; encourage (HEd-Cooper-43rd)
Modified Open Rule
HB 199
Timber harvesting; require notice only in an approved form; provisions (Substitute)(NR&E-Corbett-174th)
Modified Structured Rule
HB 206 HB 266
Uniform rules of the road; procedure for passing sanitation vehicles; provide (PS&HS-Harrell-106th) Retirement and pensions; investment authority of local retirement systems; correct certain provisions (Ret-Battles-15th)
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. Cook, the Secretary thereof:
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Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 95. By Senators Williams of the 27th, Martin of the 9th, Gooch of the 51st, Albers of the 56th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide for the acceptance of funds in a separate, federally insured account at a financial institution by such persons; to provide for unfair trade practices by real estate brokers and salespersons; 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 11. By Senator Lucas of the 26th:
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), as amended, 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 repeal conflicting laws; and for other purposes
Referred to the Committee on Intragovernmental Coordination - Local.
SB 95.
By Senators Williams of the 27th, Martin of the 9th, Gooch of the 51st, Albers of the 56th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide for the acceptance of funds in a separate, federally insured account at a financial institution by such persons; to provide for unfair trade practices by real estate brokers and salespersons; 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:
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Representatives Smith of the 134th, Kirby of the 114th, O`Neal of the 146th et al., Williams of the 168th, Cheokas of the 138th, Dollar of the 45th, Hugley of the 136th, Dickey of the 140th, and Harden of the 148th.
Pursuant to HR 400, the House recognized February 24, 2015, as Columbus State University and Columbus Day at the state capitol and invited Mayor Teresa Tomlinson; President and CEO of TSYS and Chamber Chair, Troy Woods; Chamber's Young Professional Government Affair Chair, Walker Garrett; Interim CSU President, Tom Hackett; and CSU Student Body President, Rachel Green to be recognized by the House of Representatives.
Pursuant to HR 311, the House recognized February 24th, 2015, as Future Farmers of America Day at the state capitol and invited the Future Farmers of America (FFA) to be recognized by the House of Representatives.
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 183 HB 394 HR 302
Do Pass, by Substitute Do Pass Do Pass
HB 362 Do Pass, by Substitute HB 436 Do Pass
Respectfully submitted, /s/ Cooper of the 43rd
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 Transportation:
HB 170. By Representatives Roberts of the 155th, Burns of the 159th, Hamilton of the 24th, England of the 116th, Hatchett of the 150th and others:
A BILL to be entitled an Act to amend various provisions of the O.C.G.A., so as to provide for additional revenue necessary for funding transportation purposes in this state; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic; to amend Chapter 12 of Title 45 of the O.C.G.A., relating to the Governor, so as to limit the Governor's power to suspend the
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collection of certain motor fuel taxes and require ratification by the General Assembly; to amend Title 48 of the O.C.G.A., relating to revenue and taxation; to amend Part 3 of Article 2 of Chapter 10 of Title 32 of the O.C.G.A., the "Georgia Transportation Infrastructure Bank Act," so as to provide new criteria for determination of eligible projects by the Transportation Infrastructure Bank; to provide for a short title; 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 217. By Representatives Maxwell of the 17th, Bentley of the 139th, Greene of the 151st, Coleman of the 97th, Buckner of the 137th 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 investments and real estate investments, so as to authorize public retirement systems to invest in mutual funds, commingled funds, collective investment funds, common trusts, and group trusts; 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 47-20-83 of the Official Code of Georgia Annotated, relating to certificated or uncertificated forms of investments and real estate investments, so as to authorize public retirement systems to invest in mutual funds, commingled funds, collective investment funds, common trusts, and group trusts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-20-83 of the Official Code of Georgia Annotated, relating to certificated or uncertificated forms of investments and real estate investments, is amended in subsection (a) by deleting "and" at the end of paragraph (21), by replacing the period at the end of paragraph (22) with a semicolon, and by adding two new paragraphs to read as follows:
"(23) Shares of mutual funds registered with the Securities and Exchange Commission of the United States under the Investment Company Act of 1940, as amended; and
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(24) Commingled funds and collective investment funds regulated by the Office of the Comptroller of the Currency of the United States Department of the Treasury, including common and group trusts, and, to the extent the funds are invested in such collective investment funds, the funds shall adopt the terms of the instruments establishing any group trust in accordance with applicable United States Internal Revenue Service Revenue Rulings."
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 E Barr Y Battles E Beasley-Teague E Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
E Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey E Dickson Y Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E
Williamson Y Yates
Ralston, Speaker
TUESDAY, FEBRUARY 24, 2015
1127
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 Bill of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
HB 246. By Representatives Knight of the 130th, Carson of the 46th, Mosby of the 83rd and Wilkerson of the 38th:
A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to provide for powers and actions granted to other licensing boards; to revise and add definitions; to provide that the State Board of Accountancy is administratively attached to the State Accounting Office; to change provisions relating to foreign registered accountants; to change the standard of proof; to provide for confidentiality of certain information; to amend Chapter 5B of Title 50 of the Official Code of Georgia Annotated, relating to the State Accounting Office, so as to remove the State Board of Accountancy as a division of the State Accounting office; to provide for related matters; to repeal conflicting laws; and for other purposes.
Pursuant to Rule 133, Representative Turner of the 21st was excused from voting on HB 246.
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 E Ballinger E Barr Y Battles Y Beasley-Teague E Bell Y Belton Y Bennett Y Bentley Y Benton N Beskin Y Beverly
E Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh
Dempsey Y Dickerson Y Dickey E Dickson Y Dollar Y Douglas E Drenner N Dudgeon Y Dukes N Dunahoo N Duncan
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson N Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J
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 Tankersley Y Tanner N Tarvin Y Taylor, D
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Y Broadrick N Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M N Cantrell Y Carson Y Carter N Casas Y Chandler Y Cheokas N Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon N Gravley Y Greene Y Hamilton
Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley
Kendrick Y Kidd N Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Prince Y Pruett N Quick N Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell
Turner Y Waites Y Watson Y Welch Y Weldon N Werkheiser 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 142, nays 26.
The Bill, having received the requisite constitutional majority, was passed.
HB 266. By Representative Battles of the 15th:
A BILL to be entitled an Act to amend Code Section 47-1-12 of the Official Code of Georgia Annotated, relating to investment and reinvestment of assets of local retirement system, valuation and limitation on investments, and duties of the state auditor, so as to correct certain provisions relative to the investment authority of local retirement systems; to 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 E Barr Y Battles Y Beasley-Teague E Bell Y Belton
E Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey E Dickson Y Dollar Y Douglas
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons
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
TUESDAY, FEBRUARY 24, 2015
1129
Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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 256. By Representatives Maxwell of the 17th, Greene of the 151st, Coleman of the 97th, Brooks of the 55th and Buckner of the 137th:
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 new definitions; to change a term for membership of the board; to provide for a break in employment for certain members; to clarify provisions related to leaves of absence, withdrawal of dues, and application for reinstatement as an active member; to clarify provisions for failure to pay dues and the reinstatement process; to permit selection of up to five beneficiaries to receive equal portions of certain benefits upon the death of certain members; to provide for certain penalties for false statements or falsified 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:
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JOURNAL OF THE HOUSE
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood E Ballinger E Barr Y Battles Y Beasley-Teague E Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
E Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey E Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell N Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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 169, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 206. By Representatives Harrell of the 106th, Lumsden of the 12th, Hitchens of the 161st, Rutledge of the 109th and Holcomb of the 81st:
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 for procedure for passing sanitation vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.
TUESDAY, FEBRUARY 24, 2015
1131
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 N Atwood E Ballinger E Barr Y Battles Y Beasley-Teague E Bell Y Belton Y Bennett Y Bentley N Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
E Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey E Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes N Dunahoo Y Duncan N Ealum N Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson N Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley
Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell N Morris N Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 159, nays 12.
The Bill, having received the requisite constitutional majority, was passed.
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 73. By Representatives Turner of the 21st, Hamilton of the 24th, Taylor of the 173rd, Caldwell of the 20th, Hightower of the 68th and others:
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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.
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 N Atwood E Ballinger E Barr Y Battles N Beasley-Teague E Bell Y Belton N Bennett Y Bentley Y Benton Y Beskin N Beverly Y Broadrick Y Brockway N Brooks N Bruce N Bryant Y Buckner Y Burns N Caldwell, J Y Caldwell, M Y Cantrell Y Carson N Carter Y Casas Y Chandler
Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
E Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey E Dickson Y Dollar N Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan N Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming N Floyd N Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick N Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Harden
Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower N Hitchens Y Holcomb Y Holmes N Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L N Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby N Knight Y LaRiccia Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo Y McCall Y McClain
Meadows Y Mitchell N Morris N Mosby N Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish
Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince N Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice N Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper N Shaw Y Sims
N Smith, E Y Smith, L Y Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner N Waites N Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A N Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 130, nays 39.
TUESDAY, FEBRUARY 24, 2015
1133
The Bill, having received the requisite constitutional majority, was passed.
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 63. By Representatives Tanner of the 9th, England of the 116th, Dickson of the 6th, Coleman of the 97th, Evans of the 42nd 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, computation, and rate of and exemptions from state income taxes, so as to revise the amount of the adult basic skills education program tax credit; to provide for procedures, conditions, and limitations; to provide an aggregate cap on the amount of the tax credit; to provide for a short title; 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 Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, computation, and rate of and exemptions from state income taxes, so as to revise the adult basic skills education program tax credit; to provide for procedures, conditions, and limitations; to provide an aggregate cap on the amount of the tax credit; to provide for a sunset date; to provide for a short title; 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. This Act shall be known and may be cited as the "Georgia Employer GED Tax Credit Act of 2015."
SECTION 2. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, computation, and rate of and exemptions from state income taxes, is amended by repealing Code Section 48-7-41, relating to basic skills education program credits, and inserting a new Code section to read as follows:
"48-7-41. (a) As used in this Code section, the term:
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(1) 'Adult basic skills education' means training that enhances reading, writing, or mathematical skills of adult employees. (2) 'Approved adult basic skills education program' means an employer provided or employer sponsored adult basic skills education program:
(A) That has agreed to operate under the standards for the delivery of adult education services as designated by the Technical College System of Georgia, Office of Adult Education; and (B) For which the employer does not require the employee to make any payment, either directly or indirectly, through forfeiture of leave time, vacation time, or other compensable time. (3) 'Basic skills education test' means the test required to receive a GED diploma. (4) 'Employee' means any employee resident in this state who is employed for at least 24 hours per week and has been continuously employed by the employer for at least 16 consecutive weeks and who is eligible to take the GED test. (5) 'Employer' means any employer upon whom an income tax is imposed by this chapter. (6) 'Employer provided' refers to approved basic skills education offered on the premises of the employer or on premises approved by the Technical College System of Georgia by instructors hired by or employed by an employer. (7) 'Employer sponsored' refers to a contractual arrangement with a school, university, college, or other instructional facility which offers approved basic skills education that is paid for by the employer. (b) A tax credit shall be granted to an employer who provides or sponsors an approved adult basic skills education program. The amount of the tax credit shall be: (1) Four hundred dollars for each employee who passes the basic skills education test that was paid for by the employer in a taxable year; or (2) Twelve hundred dollars for each employee who successfully completes an approved adult basic skills education program consisting of at least 40 hours of training while the employee is being compensated at his or her normal rate of pay, and passes the basic skills education test that was paid for by the employer in a taxable year. No employer shall receive a credit if the employer requires that the employee reimburse or pay the employer for the cost of attending the adult basic skills education program or taking the basic skills education test. (c)(1) An employer desiring to claim a tax credit under the provisions of this Code section shall submit an application to the commissioner for preapproval of such tax credit. The application for preapproval shall be developed and promulgated by the commissioner along with any rules or regulations necessary to aid in the administration of this income tax credit. The department shall have the authority to require electronic submission of such application in the manner specified by the department. (2) Within 45 days of receipt of a properly completed application for preapproval, the commissioner shall preapprove the application if a sufficient amount of available tax
TUESDAY, FEBRUARY 24, 2015
1135
credits remains. The commissioner shall provide notice of the preapproval or denial to the employer and the Office of Adult Education. The commissioner shall preapprove the tax credits based on the order in which properly completed applications were submitted. In the event that two or more applications were submitted on the same day and the amount of funds available will not be sufficient to fully fund the tax credits requested, the commissioner shall prorate the available funds between or among the applicants. (d) In order to receive the income tax credit established under this Code section, the employer shall, after the successful completion by an employee of the requirements of paragraph (1) or (2) of subsection (b) of this Code section, and after receiving preapproval of the credit by the commissioner under subsection (c) of this Code section, certify to the Technical College System of Georgia, Office of Adult Education, the name of the employee, the name of the employer, the name of the approved adult basic skills education provider, and such other information as may be required by the Office of Adult Education. The Office of Adult Education shall issue a certification to the employer if the requirements of subsections (a), (b), and (c) of this Code section are satisfied. Such certification shall be attached to the taxpayer's income tax return when the credit is claimed. The Technical College System of Georgia shall adopt rules and regulations and forms necessary to implement and administer this income tax credit program. The department is expressly authorized and directed to work with the Technical College System of Georgia to ensure the proper granting of income tax credits pursuant to this Code section. (e) In no event shall the aggregate amount of the income tax credits preapproved under this Code section exceed $2 million per calendar year. No single employer shall receive income tax credits pursuant to this Code section in excess of $100,000.00 per calendar year. (f) The income tax credit granted to any employer pursuant to this Code section shall not exceed the amount of the employer's income tax liability for the taxable year as computed without regard to this Code section. (g) The department shall provide an annual report to the General Assembly on the utilization of the tax credit established under this Code section. (h) This Code section shall stand repealed on January 1, 2020."
SECTION 3. 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, 2016.
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.
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JOURNAL OF THE HOUSE
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood E Ballinger E Barr Y Battles Y Beasley-Teague E Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
E Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey E Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd N Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby
Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall
McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 199. By Representatives Corbett of the 174th, Nimmer of the 178th, Shaw of the 176th, Epps of the 144th, Carter of the 175th and others:
A BILL to be entitled an Act to amend Part 1A of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to timber harvesting and removal requirements, so as to require notice of timber
TUESDAY, FEBRUARY 24, 2015
1137
harvesting only in an approved form; to provide that one bond shall be required for each county; to provide that no county may require an administrative fee for receiving a notice of timber harvesting; 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 1A of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to timber harvesting and removal requirements, so as to require notice of timber harvesting only in an approved form; to provide that one bond shall be required for each county or municipality; to provide that no county may require an administrative fee for receiving a notice of timber harvesting; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1A of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to timber harvesting and removal requirements, is amended by revising Code Section 12-6-24, relating to notice of timber harvesting operations, as follows:
"12-6-24. (a)(1) A county governing authority may by ordinance or resolution require all persons or firms harvesting standing timber in any unincorporated area of such county for delivery as pulpwood, logs, poles, posts, or wood chips to any woodyard or processing plant located inside or outside this state to provide notice of such harvesting operations to the county governing authority or the designated agent thereof prior to cutting any such timber entering onto the property if possible, but in no event later than 24 hours after entering onto the property. Further, such persons shall give notice of cessation of cutting within 24 hours after the job is completed. (2) A municipal governing authority may by ordinance or resolution require all persons or firms harvesting standing timber in any incorporated area of such municipality for delivery as pulpwood, logs, poles, or wood chips to any woodyard or processing plant located inside or outside this state to provide notice of such harvesting operations to the municipal governing authority or the designated agent thereof prior to cutting any such timber entering onto the property if possible, but in no event later than 24 hours after entering onto the property. Further, such persons shall give notice of cessation of cutting within 24 hours after the job is completed.
(b) Any ordinance or resolution adopted pursuant to subsection (a) of this Code section shall conform to the following requirements:
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(1) Prior written notice shall be required of any person or firm harvesting such timber for each separate tract to be harvested thereby, shall be made only in such form as prescribed by rule or regulation of the director, and shall consist of be limited to the following:
(A) A map of the area which identifies the location of the tract to be harvested and, as to those trucks which will be traveling to and from such tract for purposes of picking up and hauling loads of cut forest products, the main point of ingress to such tract from a public road and, if different, the main point of egress from such tract to a public road; (B) A statement as to whether the timber will be removed pursuant to a lump sum sale, per unit sale, or owner harvest for purposes of ad valorem taxation under Code Section 48-5-7.5; (C) The name, address, and daytime telephone number of the timber seller if the harvest is pursuant to a lump sum or per unit sale or of the timber owner if the harvest is an owner harvest; and (D) The name, business address, business telephone number, and nighttime or emergency telephone number of the person or firm harvesting such timber; (2) Notice may be submitted in person, by transmission of an electronic record via telefacsimile, e-mail, or such other means as approved by the governing authority, or by mail; (3) The governing authority may require persons or firms subject to such notice requirement to deliver a bond or letter of credit as provided by this paragraph, in which case notice shall not be or remain effective for such harvesting operations unless and until the person or firm providing such notice has delivered to the governing authority or its designated agent a valid surety bond, executed by a surety corporation authorized to transact business in this state, protecting the county or municipality, as applicable, against any damage caused by such person or firm in an amount specified by the governing authority not exceeding $5,000.00 or, at the option of the person or firm harvesting timber, a valid irrevocable letter of credit issued by a bank or savings and loan association, as defined in Code Section 7-1-4, in the amount of and in lieu of such bond. Each county or municipality shall require no more than one bond from each person or firm harvesting timber regardless of the number of tracts harvested in such county or municipality by each such person or firm so long as the bond remains in effect. Otherwise, a valid replacement bond must be obtained and delivered to the governing authority of such county or municipality or its designated agent no later than the close of business on the fifth business day following the day that such governing authority filed a claim to recover damages against the then-existing bond. Upon filing such claim, such governing authority shall immediately provide notice thereof, including the date such claim was filed, to the person or firm causing the damage. Such notice may be given in person, by transmission of an electronic record via telefacsimile, or by e-mail. For purposes of this paragraph, any such surety bond or letter of credit shall be valid only for the calendar year in which delivered;
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(4) Notice shall be effective for such harvesting operation on such tract within such unincorporated area of the county or incorporated area of the municipality upon receipt of the same by the applicable governing authority or its designated agent and, if applicable, compliance with the requirements of paragraph (3) of this subsection and until such time as the person or firm giving such notice has completed the harvesting operation for such tract; provided, however, that any subsequent change in the facts required to be provided for purposes of such notice shall be reported to the governing authority or its designated agent within three business days after such change; (5) Notice requirements shall be applicable to any such timber harvested on or after the effective date of the ordinance or resolution adopted pursuant to this Code section; and (6) Violation of the notice requirements of any ordinance or resolution adopted pursuant to this Code section shall be punishable by a fine not exceeding $500.00. (c) The director shall promulgate such rules and regulations as are reasonable and necessary for purposes of the standard form required by paragraph (1) of subsection (b) of this Code section. (d) Any municipal governing authority or designated agent thereof which receives a notice required by ordinance or resolution adopted pursuant to this Code section regarding timber harvesting operations to be conducted in whole or in part within the corporate limits of such municipality shall transmit a copy of such notice to the governing authority of the county or the designated agent thereof. (e)(1) No county, municipality, or other political subdivision in this state shall require any person or firm harvesting standing timber therein for delivery as pulpwood, logs, poles, posts, or wood chips to any woodyard or processing plant located inside or outside this state to provide any notice of or plan or security for such harvesting or hauling of forest products except as provided by this Code section. (2) No county, municipality, or other political subdivision in this state shall require any person or firm harvesting standing timber therein for delivery as pulpwood, logs, poles, posts, or wood chips to any woodyard or processing plant located inside or outside this state to obtain any permit for such harvesting or hauling of forest products, including without limitation any permit for any new driveway in connection with timber harvesting operations; provided, however, that this paragraph shall not otherwise limit the authority of a county or municipality to regulate roads or streets under its jurisdiction in accordance with Title 32. (3) The provisions of paragraphs (1) and (2) of this subsection shall not preclude counties, municipalities, and other political subdivisions from enacting and enforcing tree ordinances, landscape ordinances, or streamside buffer ordinances; provided, however, such ordinances shall not apply to timber harvesting as described in subparagraph (A) of paragraph (4) of this subsection or in unzoned tracts as described in subparagraph (B) of paragraph (4) of this subsection.
(4)(A) The limitations on the regulatory authority of counties, municipalities, or other political subdivisions provided by paragraphs (1), (2), and (3) of this
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subsection shall apply only to timber harvesting operations which qualify as forestry land management practices or agricultural operations under Code Section 12-7-17, not incidental to development, on tracts which are zoned for or used for forestry, silvicultural, or agricultural purposes. (B) The limitations on the regulatory authority of counties, municipalities, or other political subdivisions provided by paragraphs (1), (2), and (3) of this subsection shall also apply to tracts which are unzoned. (5) No county or municipality shall require a fee of any kind for receiving a notification of a timber harvest."
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 E Barr Y Battles Y Beasley-Teague E Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas
E Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey E Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans N Fleming Y Floyd Y Fludd Y Frazier Y Frye
Gardner Y Gasaway Y Geisinger Y Glanton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A
TUESDAY, FEBRUARY 24, 2015
1141
Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
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.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 475. By Representative Cheokas of the 138th:
A RESOLUTION recognizing February 26, 2015, as the 3rd Annual Legislative Fly-In at the state capitol and inviting the Georgia Airports Association and its leadership, Mario Evans, Jim Galloway, Colette Edmisten, Blake Swafford, Mike Mathews, and Jason Pinnix, to be recognized by the House of Representatives; and for other purposes.
HR 476. By Representatives Gardner of the 57th, Smyre of the 135th, Abrams of the 89th, Hugley of the 136th, Thomas of the 56th and others:
A RESOLUTION commending Dr. Valerie Montgomery Rice and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 477. By Representatives Tanner of the 9th and Ralston of the 7th:
A RESOLUTION commending Bill Elliott for his amazing racing career and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 478. By Representatives Tanner of the 9th and Ralston of the 7th:
A RESOLUTION commending Chase Elliott on his excellence in the field of NASCAR and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 479. By Representatives Henson of the 86th, Drenner of the 85th, Stephens of the 164th, Abrams of the 89th, Mosby of the 83rd and others:
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A RESOLUTION commending the DeKalb School of the Arts upon being named as an Advanced Placement Honors School and inviting Susan M. McCauley, Principal, and Eric D. Winchester, Assistant Principal, 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 308 HR 401 HR 456
Do Pass Do Pass Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 308. By Representatives Smith of the 70th, Wilkinson of the 52nd, Stover of the 71st, Ramsey of the 72nd, Trammell of the 132nd and others:
A RESOLUTION commending Steve Holman for being honored 2014 Georgia Sportscaster of the Year and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 401. By Representatives Tanner of the 9th, Hamilton of the 24th, Duncan of the 26th, Dudgeon of the 25th and Hitchens of the 161st:
A RESOLUTION commending the Forsyth County Sheriff's Department and inviting Sheriff Duane Piper and his staff to be recognized by the House of Representatives; and for other purposes.
HR 456. By Representatives Williamson of the 115th, Fleming of the 121st, Taylor of the 79th, Abrams of the 89th, Dunahoo of the 30th and others:
A RESOLUTION recognizing and commending the contributions of the Republic of Turkey and the Turkic American Federation of Southeast, and inviting the Turkish delegation to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 480.
By Representatives Dawkins-Haigler of the 91st, Quick of the 117th, Anderson of the 92nd, Chandler of the 105th, Stephenson of the 90th and others:
TUESDAY, FEBRUARY 24, 2015
1143
A RESOLUTION recognizing September 28-October 2, 2015, as Malnutrition Awareness Week in the State of Georgia; and for other purposes.
HR 481. By Representatives Gardner of the 57th, Thomas of the 56th, Waites of the 60th, Brooks of the 55th, Hugley of the 136th and others:
A RESOLUTION honoring the life and memory of John William Perdew and recognizing March 22, 2015, as John William Perdew Day; and for other purposes.
HR 482. By Representatives Epps of the 144th, Peake of the 141st, Randall of the 142nd, Beverly of the 143rd and Dickey of the 140th:
A RESOLUTION welcoming citizens and public officials from Macon and Bibb County and observing February 26, 2015, as Macon Day at the state capitol; and for other purposes.
HR 483. By Representative Rice of the 95th:
A RESOLUTION commending Cornerstone Christian Academy; and for other purposes.
HR 484. By Representatives Rutledge of the 109th, Strickland of the 111th, Yates of the 73rd, Douglas of the 78th, Welch of the 110th and others:
A RESOLUTION commending Atlanta Motor Speedway for stimulating the economy and providing entertainment and enjoyment to NASCAR fans across the State of Georgia and recognizing February 26, 2015, as Atlanta Motor Speedway Day at the capitol; and for other purposes.
HR 485. By Representatives Peake of the 141st, O`Neal of the 146th, Ramsey of the 72nd, Ehrhart of the 36th, Meadows of the 5th and others:
A RESOLUTION congratulating Margaret Shirley on winning the 2014 U.S. Women's Mid-Amateur Championship; and for other purposes.
HR 486. By Representative Werkheiser of the 157th:
A RESOLUTION honoring the life and memory of Gennis H. Folsom; and for other purposes.
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By unanimous consent, the following Resolution of the House was postponed until the next legislative day:
HR 304. By Representatives Cooper of the 43rd, Beskin of the 54th, England of the 116th, Broadrick of the 4th, Benton of the 31st and others:
A RESOLUTION encouraging Georgia's technical schools, colleges, and universities to expand gerontology and dementia education and training throughout their academic curriculum in order to address the growing economic, social, and healthcare needs created by an aging population; 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 25, 2015
1145
Representative Hall, Atlanta, Georgia
Wednesday, February 25, 2015
Twenty-Second Legislative Day
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:
Abrams Alexander E Allison Anderson Atwood Ballinger Barr Battles E Beasley-Teague Bell Belton Bennett Bentley Benton Beskin Beverly Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter E Casas Chandler Cheokas Clark, D Clark, H Clark, V
Coleman Cooke Coomer Cooper Corbett Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration Ehrhart England E Epps Evans Fleming Fludd Frazier Frye E Gardner Gasaway Geisinger Glanton E Golick Gordon
Gravley Greene Hamilton Harbin Harden Harrell Hatchett Hawkins Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, L E Jones, S Kaiser Kendrick Kidd Kirby Knight LaRiccia Lumsden Mabra E Marin Martin Maxwell E McCall McClain
Meadows Mitchell Morris Nimmer E Nix O'Neal E Pak Parrish Parsons Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick Raffensperger Rakestraw Ramsey Reeves Rhodes Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sims
Smith, E Smith, L Smith, R Smyre Stephens, M Stephens, R Stephenson Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, E Trammell Turner Waites Watson Welch E Weldon Werkheiser 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 Floyd of the 99th, Jacobs of the 80th, Mosby of the 83rd, Oliver of the 82nd, Randall of the 142nd, Spencer of the 180th, and Thomas of the 56th.
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They wished to be recorded as present.
Prayer was offered by Reverend Ben Mock, Senior Pastor, Mt. Zion Baptist Church, Jasper, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 469. By Representative Parsons of the 44th:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the state sales and use tax, so as to create an exemption for certain telecommunications equipment used to provide telecommunications services; to provide for definitions; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
WEDNESDAY, FEBRUARY 25, 2015
1147
HB 470. By Representatives Knight of the 130th, Carter of the 175th, Shaw of the 176th, Taylor of the 173rd, Parrish of the 158th 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 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 certain terms; to impose certain requirements for the use of maximum allowable cost pricing by pharmacy benefits managers; to provide for enforcement of such requirements; to provide for requirements relating to inperson pharmacies; 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 471. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Article 10A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of heavy-duty motor vehicles, so as to add a definition of certain vehicles; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 472. By Representatives Sharper of the 177th and Stovall of the 74th:
A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health regarding students in elementary and secondary education, so as to require that a student shall be permitted to exit a classroom for use of the restroom upon request; to provide for conditions; to provide for policy promulgation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 473. By Representatives Knight of the 130th, Stephens of the 164th, Shaw of the 176th, Broadrick of the 4th, Parrish of the 158th and others:
A BILL to be entitled an Act to amend Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation and licensure of pharmacy benefits managers, so as to provide that a pharmacy benefits
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manager owes a fiduciary duty to a covered entity; to require certain notices and disclosures by pharmacy benefits managers to covered entities; to require application to contracts; to provide for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 474. By Representatives Kaiser of the 59th, Clark of the 101st, Dudgeon of the 25th, Mayo of the 84th and Coleman of the 97th:
A BILL to be entitled an Act to amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to charter schools, so as to provide for enrollment priorities in charter schools for educationally disadvantaged students and military students; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 475. By Representatives McCall of the 33rd, Burns of the 159th, Meadows of the 5th, England of the 116th, Harden of the 148th and others:
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 relating to the hunting of feral hogs; to revise definitions; to allow for the taking of feral hogs without a hunting license; to remove additional restrictions on the hunting of feral hogs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 476. By Representatives Fludd of the 64th, Bruce of the 61st, Bell of the 58th, Mabra of the 63rd, Kaiser of the 59th and others:
A BILL to be entitled an Act to repeal the amendment to the Constitution of Georgia creating within Fulton County the Fulton County Industrial District and prohibiting the governing authority of Fulton County from levying any tax for educational purposes within such district; to provide for a referendum with respect to the effectiveness of the foregoing; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
WEDNESDAY, FEBRUARY 25, 2015
1149
HB 478. By Representative Parrish of the 158th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4975), so as to provide for staggered terms for the commissioners; to provide for currently serving commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 479. By Representatives Dickey of the 140th and Peake of the 141st:
A BILL to be entitled an Act to create the City of Forsyth Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation, to have the responsibility and authority to promote tourism, trade, and conventions in the City of Forsyth, Georgia; to provide for creation and organization of the authority; to provide for a purpose; to provide for powers, duties, and authority; to provide for a board of directors, membership, terms of office, and removal from office; to provide for an executive director and his or her duties and powers; to provide for meetings; to limit liability; to provide for a budget and finances; to provide for oversight; to provide that the city not be bound; to provide definitions; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 480. By Representatives Reeves of the 34th, Willard of the 51st, Ehrhart of the 36th, Jacobs of the 80th and Weldon of the 3rd:
A BILL to be entitled an Act to amend Article 5 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys of municipal courts, so as to require notices of the creation of the office of prosecuting attorney of municipal court and the name of the prosecuting attorney to be served on the Administrative Office of the Courts; to require the city attorney to serve as the prosecuting attorney when such office has not been created; to provide for procedure when the city attorney has a conflict of interest; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
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HB 481. By Representatives Mayo of the 84th, Brooks of the 55th, Jacobs of the 80th, Thomas of the 56th, Dickerson of the 113th 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 the study and teaching of prescribed aspects of United States and world history; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 482. By Representatives Willard of the 51st, Smith of the 70th, Hatchett of the 150th, Peake of the 141st, 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 revise the requirements for a destination cancer hospital for purposes of certificate of need; 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 Governmental Affairs.
HB 483. By Representatives Buckner of the 137th, Greene of the 151st, Dukes of the 154th, Caldwell of the 131st and Powell of the 171st:
A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the shoal bass as the official state native riverine sport fish; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 484. By Representative Williamson of the 115th:
A BILL to be entitled an Act to amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide for certain premium increases; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
WEDNESDAY, FEBRUARY 25, 2015
1151
HB 485. By Representatives Kidd of the 145th, Powell of the 32nd, Maxwell of the 17th and Sharper of the 177th:
A BILL to be entitled an Act to amend Code Section 21-5-71 of the Official Code of Georgia Annotated, relating to registration required of lobbyists, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions, so as to provide for access cards for lobbyists; to provide for criteria for issuance and revocation; to provide for manner of issuance; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 486. By Representatives Reeves of the 34th and 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 Code Section 24-12-21 of the Official Code of Georgia Annotated, relating to the practice of professional forestry and disclosure of AIDS confidential information, respectively, so as to conform provisions of the Code due to the passage of 2011 HB 24 and HB 214; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Code Revision.
HR 474. By Representatives Abrams of the 89th, Ramsey of the 72nd, Jones of the 47th, Hugley of the 136th and Smyre of the 135th:
A RESOLUTION creating the House Study Committee on Grandparents Raising Grandchildren and Kinship Care; and for other purposes.
Referred to the Committee on Human Relations & Aging.
By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:
HB 443 HB 446 HB 448 HB 450 HB 452 HB 454 HB 456
HB 444 HB 447 HB 449 HB 451 HB 453 HB 455 HB 458
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HB 459 HB 461 HB 463 HB 465 HB 467 HB 477 SB 11
HB 460 HB 462 HB 464 HB 466 HB 468 HR 473 SB 95
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 76 Do Pass, by Substitute
Respectfully submitted, /s/ England of the 116th
Chairman
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 House and has instructed me to report the same back to the House with the following recommendation:
HB 299 Do Pass, by Substitute
Respectfully submitted, /s/ Morris of the 156th
Chairman
Representative Parsons of the 44th District, Chairman of the Committee on Energy, Utilities, and Telecommunications, submitted the following report:
Mr. Speaker:
WEDNESDAY, FEBRUARY 25, 2015
1153
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 201 Do Pass, by Substitute
Respectfully submitted, /s/ Parsons of the 44th
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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 315 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:
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 185 Do Pass HB 190 Do Pass, by Substitute
Respectfully submitted, /s/ Smith of the 134th
Chairman
Representative Tankersley of the 160th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:
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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 307 HB 398 HB 403 HB 410 HB 425 SB 75
Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass Do Pass
HB 388 HB 400 HB 404 HB 413 HB 431 SB 84
Do Pass Do Pass Do Pass, by Substitute Do Pass Do Pass Do Pass
Respectfully submitted, /s/ Tankersley of the 160th
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 233 HB 245 HB 367
Do Pass, by Substitute Do Pass Do Pass, by Substitute
Respectfully submitted, /s/ Willard of the 51st
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:
WEDNESDAY, FEBRUARY 25, 2015
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HB 253 HB 316 HB 340
Do Pass Do Pass, by Substitute Do Pass, by Substitute
Respectfully submitted, /s/ Maxwell of the 17th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 25, 2015
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
None
Modified Structured Rule
HB 59 HB 85
HB 211
State tort claims; waiver of sovereign immunity for declaratory judgment or injunctive relief; provide (Substitute)(Judy-Willard-51st) Alcoholic beverages; sale or furnishing to patients or inmates of Central State Hospital and sale or possession near or upon the grounds; change certain provisions (RegI-Harrell-106th) Controlled substances; Schedule I, III, and IV; change certain provisions
HB 261
(JudyNC-Broadrick-4th) Alcoholic beverages; sale during certain times on Sunday in commercial service airports owned or operated by a municipal governing authority; provide (Substitute)(RegI-Harrell-106th)
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Structured Rule
None
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 307. By Representative Jackson of the 128th:
A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Sandersville, approved March 28, 1990 (Ga. L. 1990, p. 4823), as amended, particularly by an Act approved April 29, 2014 (Ga. L. 2014, p. 4290), so as to change the provisions regarding election of members of the city council; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act providing for a new charter for the City of Sandersville, approved March 28, 1990 (Ga. L. 1990, p. 4823), as amended, particularly by an Act approved April 29, 2014 (Ga. L. 2014, p. 4290), so as to change the provisions regarding election of members of the city council; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a new charter for the City of Sandersville, approved March 28, 1990 (Ga. L. 1990, p. 4823), as amended, particularly by an Act approved April 29, 2014 (Ga. L. 2014, p. 4290), is amended by revising subsection (f) of Section 2.11 as follows:
"(f)(1) For the purposes of electing members of the city council, the territory of the City of Sandersville is divided into four posts, which shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and
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further identified as 'Plan Name: sandersville-2013 Plan Type: Local Administrator: Sandersville User: bak'. (2) When used in such attachment, the term 'VTD' (voting tabulation district) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. (3) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of the City of Sandersville which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Any part of the City of Sandersville which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (5) Except as otherwise provided in the description of any council district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia."
SECTION 2. It is the purpose of this Act to reapportion the districts from which members of the city council for the City of Sandersville are to be elected in subsequent municipal elections, and this Act results from changes in population based on the United States decennial census of 2010. It is not the intention of the General Assembly to affect the membership of current members of the council, their terms of office, or the manner in which their successors shall be elected, and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law, except to the extent of reapportioning the districts represented by such members.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Plan: sandersville-2013 Plan Type: Local Administrator: Sandersville User: bak
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District 001 Washington County VTD: 30397 - SANDERSVILLE 950300: 4023 950400: 1116 1121 1126 1127 3008 3009 3010 3011 3012 3014 3015 3016 3025 3026 3027 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4042 4043
District 002 Washington County VTD: 3031488 - TENNILLE 950300: 2024 2026 2049 2051 2052 2057 2074 2090 950700: 3046 3047 3053 VTD: 30397 - SANDERSVILLE 950300: 2000 2001 2002 2003 2004 2005 2017 2018 2020 2027 2028 2029 2030 2031 2032 2033 2034 2035 2038 2053 2054 2055 2056 2083 2084 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 4012 4013 4022 4024 4025 4027 4028 4029 4030 4031 4032 4033 4034
District 003 Washington County VTD: 3031488 - TENNILLE 950300: 2063 VTD: 30397 - SANDERSVILLE 950300: 1011 1013 1018 1029 1030 1051 1053 1054 1055 1056 1057 1058 1063 1064 1065 1071 1072 1073 1076 1077 1123 1124 1125 1126 1127 1128 1129 1130 1131 2006 2007 2013 2014 2016 2019 2021 2022 2023 2059 2060 2061 2062 2069 4009 4010 4011 4014 4015 4016 4017 4018 4019 4020 4021 4026 950400: 3002 3003 3004 3017 3020 3021 3022 3023 3024
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District 004 Washington County VTD: 30397 - SANDERSVILLE 950300: 1010 1059 1060 1061 1062 1066 1067 1068 1069 1070 4000 4001 4002 4003 4004 4005 4006 4007 4008 950400: 2005 2009 2011 2012 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2036 2037 3000 3001 3005 3006 3007 3013 3018 3019
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 388. By Representative Harden of the 148th:
A BILL to be entitled an Act to provide that the judge of the Probate Court of Wilcox County shall also serve as the chief magistrate of the Magistrate Court of Wilcox County on or after June 1, 2015, or upon vacancy of the office of chief magistrate; to provide for the compensation of such judge for service as chief magistrate; to provide for the continuation in office and expiration of term of the current chief magistrate; 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 398. By Representative Holmes of the 129th:
A BILL to be entitled an Act to amend an Act to incorporate and grant a new charter to the City of Monticello, approved March 10, 1959 (Ga. L. 1959, p. 2683), as amended, so as to dissolve the municipal court; 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 400. By Representative Hawkins of the 27th:
A BILL to be entitled an Act to amend an Act incorporating the Town of Clermont in Hall County, approved April 5, 1994 (Ga. L. 1994, p. 4782), as amended, so as to completely revise such charter; to provide for other matters
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relative to the foregoing; 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 403. By Representative Jackson of the 128th:
A BILL to be entitled an Act to create a board of elections and registration for Washington County and to provide for its powers and duties; to define certain terms; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 404. By Representative Jackson of the 128th:
A BILL to be entitled an Act to abolish the office of county treasurer of Glascock County; to repeal an Act entitled "An Act to fix the salary of the treasurer of Glascock County," approved August 4, 1917 (Ga. L. 1917, p. 363); 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 abolish the office of county treasurer of Glascock County; to repeal an Act entitled "An Act to fix the salary of the treasurer of Glascock County," approved August 4, 1917 (Ga. L. 1917, p. 363); 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. Pursuant to the provisions of Code Section 36-6-1 of the O.C.G.A., the office of treasurer of Glascock County is abolished on January 1, 2017.
SECTION 2. An Act entitled "An Act to fix the salary of the treasurer of Glascock County," approved August 4, 1917 (Ga. L. 1917, p. 363), and all amendatory Acts thereto, are repealed.
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SECTION 3. This Act shall become effective on January 1, 2015.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 410. By Representatives Evans of the 42nd, Carson of the 46th, Reeves of the 34th, Wilkerson of the 38th, Ehrhart of the 36th 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 April 10, 2014 (Ga. L. 2014, p. 4102), 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.
HB 413. By Representatives Turner of the 21st, Caldwell of the 20th, Cantrell of the 22nd, Carson of the 46th and Ballinger of the 23rd:
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.
HB 425. By Representative Cheokas of the 138th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Americus, approved April 13, 1992 (Ga. L. 1992, p. 5985), as amended, so as to provide for a city manager; to provide for appointment, qualifications, terms, removal, and vacancies; to provide for duties, powers, and responsibilities; to provide for appointment of a city clerk and finance
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director; to provide for related matters; to provide for applicability; 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 431. By Representatives Shaw of the 176th, Carter of the 175th, Corbett of the 174th and Sharper of the 177th:
A BILL to be entitled an Act to authorize the governing authority of Lowndes County to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 75. By Senator Jones of the 25th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners for Putnam County, approved September 8, 1879 (Ga. L. 1878-79, p. 334), as amended, particularly by an Act approved February 15, 2012 (Ga. L. 2012, p. 3596), so as to provide for staggered terms; 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 84. By Senators Watson of the 1st and Jackson of the 2nd:
A BILL to be entitled an Act to provide for an advisory referendum election to be held in the City of Tybee Island for the purpose of determining if the construction of a public swimming pool with municipal funds is desired by the people of said city; 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.
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1163
On the passage of the Bills, 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 E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England E Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye E Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra E Marin Y Martin Y Maxwell
Mayo E McCall Y McClain
Y Meadows Y Mitchell Y Morris
Mosby Y Nimmer E Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey
Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T E Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch E Weldon Y Werkheiser 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 160, nays 0.
The Bills, having received the requisite constitutional majority, were passed.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
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SB 34. By Senators Kirk of the 13th, Mullis of the 53rd, Ligon, Jr. of the 3rd, Unterman of the 45th, Rhett of the 33rd 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 provide immunity from liability under certain circumstances for persons entering a parked motor vehicle for the purpose of removing a child from such motor vehicle; to provide for definitions; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 294. By Representatives Rutledge of the 109th, Douglas of the 78th, Strickland of the 111th, Welch of the 110th, Knight of the 130th and others:
A BILL to be entitled an Act to authorize the governing authority of the City of Stockbridge 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 301. By Representatives Oliver of the 82nd, Stephenson of the 90th, Jacobs of the 80th, Mosby of the 83rd, Holcomb of the 81st and others:
A BILL to be entitled an Act to repeal an Act creating and establishing the Recorder's Court of DeKalb County, approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended; to provide for the transfer of certain pending cases and court records; to provide for a solicitor of the Magistrate Court of DeKalb County; 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 302. By Representatives Oliver of the 82nd, Stephenson of the 90th, Jacobs of the 80th, Mosby of the 83rd, Holcomb of the 81st and others:
A BILL to be entitled an Act to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved March 30, 1995 (Ga. L. 1995, p. 4016), so as to increase the salary of the Chief Magistrate of DeKalb County; to establish salaries of the associate judges of the traffic division of the State Court of DeKalb County; to establish the salary of the Clerk of the State Court of DeKalb County; to provide an effective date; to repeal conflicting laws; and for other purposes.
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By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 34.
By Senators Kirk of the 13th, Mullis of the 53rd, Ligon, Jr. of the 3rd, Unterman of the 45th, Rhett of the 33rd 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 provide immunity from liability under certain circumstances for persons entering a parked motor vehicle for the purpose of removing a child from such motor vehicle; to provide for definitions; to provide for exceptions; 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 Stephens of the 164th, Kaiser of the 59th, Dempsey of the 13th, McClain of the 100th, Carson of the 46th, and Stovall of the 74th.
Pursuant to HR 232, the House commended the Hawkinsville High School Red Devils football team for winning the 2014 Class A State Championship and invited them to be recognized by the House of Representatives.
Pursuant to HR 456, the House recognized and commended the contributions of the Republic of Turkey and the Turkic American Federation of Southeast, and invited the Turkish delegation to be recognized by the House of Representatives.
Pursuant to HR 402, the House honored the life and memory of Johnnie Lafayette Caldwell, Sr., and invited his son, Representative Johnnie Caldwell, Jr., and daughters, Patricia Caldwell Cox and Barbara Caldwell Johnson, 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 261. By Representatives Harrell of the 106th, Powell of the 32nd, Douglas of the 78th and Waites of the 60th:
A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding the regulation of alcoholic beverages generally, so as to provide for the sale
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of alcoholic beverages during certain times on Sunday in commercial service airports owned or operated by a municipal 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 Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding the regulation of alcoholic beverages generally, so as to provide for the sale of alcoholic beverages during certain times on Sunday in commercial service airports owned or operated, or both, by a county or municipal 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 3 of the Official Code of Georgia Annotated, relating to general provisions regarding the regulation of alcoholic beverages generally, is amended by adding a new subsection to Code Section 3-3-7, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, to read as follows:
"(s)(1) As used in this subsection, the term: (A) 'Eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines, or a combination thereof, and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food. (B) 'Sterile area' shall have the same meaning as provided for under 49 C.F.R. Section 1540.5.
(2) A county or municipal governing authority that owns or operates, or both, a commercial service airport may authorize the sale of alcoholic beverages for consumption on the premises in eating establishments located within a sterile area of such commercial service airport on Sundays between the hours of 5:00 A.M. and 12:00 Midnight."
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 261.
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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Anderson N Atwood Y Ballinger Y Barr N Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns
Caldwell, J Y Caldwell, M N Cantrell Y Carson Y Carter E Casas Y Chandler
Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
N Coomer Y Cooper N Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson N Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes N Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart N England
Epps Y Evans Y Fleming
Floyd Fludd Y Frazier Y Frye E Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs N Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra E Marin Y Martin Y Maxwell Y Mayo E McCall Y McClain
Y Meadows Y Mitchell N Morris Y Mosby N Nimmer E Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley N Tanner Y Tarvin Y Taylor, D Y Taylor, T E Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch E Weldon Y Werkheiser 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 148, nays 12.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 211. By Representatives Broadrick of the 4th, Harden of the 148th, Gravley of the 67th, Stephens of the 164th, Weldon of the 3rd and others:
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A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedules I, III, and IV controlled substances; to change certain provisions relating to the definition of "dangerous drug"; to revise provisions relating to labeling prescription containers of dangerous drugs; 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 E Allison
Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye E Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra E Marin Y Martin Y Maxwell Y Mayo E McCall Y McClain
Y Meadows Y Mitchell Y Morris
Mosby Y Nimmer E Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T E Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch E Weldon Y Werkheiser 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 2.
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1169
The Bill, having received the requisite constitutional majority, was passed.
HB 59. By Representatives Willard of the 51st, Efstration of the 104th, Powell of the 171st, Atwood of the 179th, Pak of the 108th and others:
A BILL to be entitled an Act to amend Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to waiver of sovereign immunity as to actions ex contractu and state tort claims, so as to provide for waiver of sovereign immunity for declaratory judgment or injunctive relief; to provide for an effective date and applicability; 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 21 of Title 50 of the Official Code of Georgia Annotated, relating to waiver of sovereign immunity as to actions ex contractu and state tort claims, so as to provide for waiver of sovereign immunity for declaratory judgment or injunctive relief under certain circumstances; 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 21 of Title 50 of the Official Code of Georgia Annotated, relating to waiver of sovereign immunity as to actions ex contractu and state tort claims, is amended by adding a new article to read as follows:
"ARTICLE 3
50-21-50. The defense of sovereign immunity is waived as to any claim, counterclaim, crossclaim, or third-party claim brought in the courts of this state by an aggrieved person seeking a declaratory judgment or injunctive relief against the state or any political subdivision thereof; provided, however, that sovereign immunity is not waived as to any claim for monetary relief, attorney's fees, or expenses of litigation that are included in or related to such claim, counterclaim, cross-claim, or third-party claim. This Code section shall not be construed to alter or amend any other waiver of sovereign immunity provided by law."
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SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all actions filed on or after such date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
N Abrams N Alexander E Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton N Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway N Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Fludd Y Frazier N Frye E Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard N Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra E Marin Y Martin Y Maxwell Y Mayo E McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer E Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre
Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch E Weldon Y Werkheiser 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 9.
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The Bill, having received the requisite constitutional majority, was passed, by substitute.
House of Representatives Coverdell Legislative Office Building, Room 511 B
Atlanta, Georgia 30334
To: Whom It May Concern
I would like to respectfully state that on HB 59, I mistakenly voted No. Please note for the Record, I "Able" Mable Thomas support this legislation HB 59.
Thank you,
/s/ "Able" Mable Thomas
District 56
2/25/2015
HB 85. By Representatives Harrell of the 106th, Kidd of the 145th and Epps of the 144th:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the regulation of alcoholic beverages, so as to change certain provisions relating to the sale or furnishing of alcoholic beverages to patients or inmates of Central State Hospital and to the sale or possession of alcoholic beverages near or upon the grounds of such hospital; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
Representative Roberts of the 155th offers the following amendment:
Amend HB 85 (LC 36 2597) by deleting lines 1 and 2 and inserting in lieu thereof the following: 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 as to the retail sale of wine and malt beverages for consumption off the premises only such that grocery stores shall be allowed to open in locations near school buildings and school grounds if so permitted by the local governing authority; to change
By deleting lines 9 and 10 and inserting in lieu thereof the following:
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Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, 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 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 grocery store licensed 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 school building, school grounds, or college campus, where so permitted by resolution or ordinance of the county or municipality. As used in this subparagraph, the term 'grocery store' means a retail establishment which has at least 85 percent of its total retail floor space reserved for the sale of food and other nonalcoholic items, conducts all of its sales inside the building containing its retail floor space, and meets such other criteria as may be required by the local governing authority 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. Said chapter is further amended by revising Code
By deleting line 35 and inserting in lieu thereof the following: SECTION 3.
Pursuant to Rule 133, Representative Cheokas of the 138th was excused from voting on HB 85.
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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 E Allison Y Anderson Y Atwood Y Ballinger Y Barr N Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler
Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
N Coomer Y Cooper Y Corbett 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 Ealum N Efstration Y Ehrhart N England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye E Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes N Houston Y Howard Y Hugley Y Jackson Y Jacobs N Jasperse Y Jones, J Y Jones, J.B. N Jones, L E Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra E Marin Y Martin Y Maxwell Y Mayo E McCall Y McClain
Y Meadows Y Mitchell
Morris Y Mosby Y Nimmer E Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake N Petrea Y Pezold Y Powell, A
Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley N Tanner Y Tarvin N Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson N Welch E Weldon Y Werkheiser Y Wilkerson Y Wilkinson N 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 150, nays 12.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following report of the Committee on Rules was read and adopted:
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HOUSE SUPPLEMENTAL RULES CALENDAR WEDNESDAY, FEBRUARY 25, 2015
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
SB 53
Mental Health; authorizing licensed professional counselor to perform certain acts; revise sunset prov.; repeal in its entirety June 30, 2018 (H&HS-Clark-101st) Kirk-13th
Modified Structured Rule
Pursuant to House Rule 33.3, debate shall be limited to one hour total and is inclusive of author's time. Time to be allocated at the discretion of the Chair.
HB 1
Haleigh's Hope Act; enact (Substitute)(JudyNC-Peake-141st) (AM# 29 2358)(AM# 29 2360)
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 Bills of the House and Senate were taken up for consideration and read the third time:
WEDNESDAY, FEBRUARY 25, 2015
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HB 1.
By Representatives Peake of the 141st, Gravley of the 67th, Kaiser of the 59th, Ramsey of the 72nd, McCall of the 33rd and others:
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 change certain provisions relating to the use of marijuana for treatment of cancer and glaucoma; to provide for regulated medicinal use of cannabis and derivatives thereof to treat certain conditions; 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 12 of Title 16 of the Official Code of Georgia Annotated, relating to public health and morals, so as to provide for the possession of low THC oil under certain circumstances; to provide for definitions; to provide for penalties; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create a registration within the Department of Public Health for patients or their caregivers who are authorized to possess low THC oil; to define certain terms; to provide for registration cards; to provide for procedure; to create the Georgia Commission on Medical Cannabis; to provide for membership; to provide for procedures; to provide for duties and responsibilities; to provide for an automatic repeal; to provide for a short title; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
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 "Haleigh's Hope Act."
SECTION 1-2. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by adding a new article to read as follows:
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"ARTICLE 8
16-12-190. As used in this article, the term 'low THC oil' means an oil that contains cannabidiol and not more than 5 percent by weight of tetrahydrocannabinol.
16-12-191. (a)(1) Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any person to possess or have under his or her control 20 fluid ounces or less of low THC oil if: (A) Such person is registered with the Department of Public Health as set forth in Code Section 31-2A-18; (B) Such person has in his or her possession a registration card issued by the Department of Public Health; and (C) Such substance is in a pharmaceutical container labeled by the manufacturer indicating the percentage of tetrahydrocannabinol therein. (2) Notwithstanding any provision of Chapter 13 of this title, any person who possesses or has under his or her control 20 fluid ounces or less of low THC oil without complying with subparagraphs (A), (B), and (C) of paragraph (1) of this subsection shall be punished as for a misdemeanor.
(b) Notwithstanding any provision of Chapter 13 of this title, any person having possession of or under his or her control more than 20 fluid ounces of low THC oil but less than 160 fluid ounces of low THC oil or who manufactures, distributes, dispenses, sells, or possesses with the intent to distribute low THC oil shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years, a fine not to exceed $50,000.00, or both. (c) Notwithstanding any provision of Chapter 13 of this title, any person who sells, manufactures, delivers, brings into this state, or has possession of 160 or more fluid ounces of low THC oil shall be guilty of the felony offense of trafficking in low THC oil and, upon conviction, shall be punished as follows:
(1) If the quantity of low THC oil is at least 160 fluid ounces but less than 31,000 ounces, by imprisonment for not less than five years nor more than ten years and a fine not to exceed $100,000.00; (2) If the quantity of low THC oil is at least 31,000 fluid ounces but less than 154,000 ounces, by imprisonment for not less than seven years nor more than 15 years and a fine not to exceed $250,000.00; and (3) If the quantity of low THC oil is 154,000 or more fluid ounces, by imprisonment for not less than ten years nor more than 20 years and a fine not to exceed $1 million."
PART II SECTION 2-1.
WEDNESDAY, FEBRUARY 25, 2015
1177
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Article 2A, relating to the Department of Public Health, by adding a new Code section to read as follows:
"31-2A-18. (a) As used in this Code section, the term:
(1) 'Board' means the Georgia Composite Medical Board. (2) 'Caregiver' means the parent, guardian, or legal custodian of a patient who is less than 18 years of age or the legal guardian of an adult patient. (3) 'Condition' means:
(A) Cancer; (B) Amyotrophic lateral sclerosis; (C) Seizure disorders; (D) Multiple sclerosis; (E) Crohn's disease; (F) Mitochondrial disease; (G) Fibromyalgia; or (H) Parkinson's disease. (4) 'Department' means the Department of Public Health. (5) 'Low THC oil' shall have the same meaning as set forth in Code Section 16-12190. (6) 'Physician' means an individual licensed to practice medicine pursuant to Article 2 of Chapter 34 of Title 43. (7) 'Registry' means the Low THC Oil Patient Registry. (b) There is established within the department the Low THC Oil Patient Registry. (c) The purpose of the registry is to provide a registration of individuals or their caregivers who have been issued registration cards. The department shall establish procedures and promulgate rules and regulations for the establishment and operation of the registration process and dispensing of registry cards to patients and caregivers. Only patients and caregivers residing in this state shall be eligible for registration under this Code section. (d) On and after September 1, 2015, the department shall issue a registration card to individuals or their caregivers when a patient has been certified to the department by his or her physician as being diagnosed with a condition and has been authorized by such physician to use low THC oil as treatment for such condition. The board shall establish procedures and promulgate rules and regulations to assist physicians in providing required uniform information relating to certification and any other matter relating to the issuance of certifications. In promulgating such rules and regulations, the board shall require that physicians have a doctor-patient relationship when certifying a patient as needing low THC oil and physicians shall be required to be treating a patient for the specific condition requiring such treatment. The board shall require physicians to issue quarterly reports to the board. Such reports shall require physicians to provide information, including, but not limited to, dosages recommended for a particular
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condition; patient clinical responses; patient compliance; patient response to treatment; patient side effects; and drug interactions. (e) Information received and records kept by the department for purposes of administering this Code section shall be confidential; provided, however, that such information shall be disclosed:
(1) Upon written request of a patient or caregiver registered pursuant to this Code section: and (2) To peace officers for the purpose of:
(A) Verifying that an individual in possession of a registration card is registered pursuant to this Code section; or (B) Determining that an individual in possession of low THC oil is registered pursuant to this Code section."
PART III SECTION 3-1.
Said title is further amended by adding a new chapter to read as follows:
"CHAPTER 50
31-50-1. (a) There is created the Georgia Commission on Medical Cannabis. (b) As used in this chapter, the term 'commission' means the Georgia Commission on Medical Cannabis.
31-50-2. (a) The commission shall consist of 16 members. The director of the Governor's Office for Children and Families, the director of the Georgia Bureau of Investigation, the director of the Georgia Drugs and Narcotics Agency, the commissioner of agriculture, and the Governor's executive counsel shall be permanent members of the commission. The permanent members of the commission may designate another individual to serve in his or her stead. The remaining members of the commission shall be appointed by the Governor on or before July 1, 2015. The remaining members shall be:
(1) Two members of the Senate; (2) Two members of the House of Representatives; (3) A board certified oncologist; (4) A board certified epitologist; (5) A board certified neurologist; (6) A pharmacist; (7) An attorney employed by the Prosecuting Attorneys' Council of the State of Georgia or a prosecuting attorney; (8) A sheriff; and
WEDNESDAY, FEBRUARY 25, 2015
1179
(9) A police chief. (b) In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the original appointment, and the successor shall serve for the unexpired term. (c) Membership on the commission shall not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership. (d) The Governor shall designate a chairperson of the commission from among the members, which chairperson shall serve in that position at the pleasure of the Governor. The chairperson shall only vote to break a tie. The commission may elect such other officers and committees as it considers appropriate. (e) The commission, with the approval of the Governor, may employ such professional, technical, or clerical personnel as deemed necessary to carry out the purposes of this chapter. The commission may create committees from among its membership as well as appoint other persons to serve in an advisory capacity to the commission in implementing this chapter. (f) The commission shall be attached for administrative purposes only to the Governor's Office for Children and Families in accordance with Code Section 50-4-3. The Governor's Office for Children and Families may use any funds specifically appropriated to it to support the work of the commission.
31-50-3. (a) The commission 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 commission shall hold meetings at the call of the chairperson. (b) A quorum for transacting business shall be a majority of the members of the commission. (c) Any legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. Members of the commission who are state officials, other than legislative members, or state employees shall receive no compensation for their services on the commission, but shall be reimbursed for expenses incurred in the performance of their duties as members of the commission in the same manner as reimbursements are made in their capacity 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.
31-50-4. (a) The commission shall have the following duties:
(1) To establish comprehensive recommendations regarding the potential regulation of medical cannabis in this state. Such recommendations shall include, without
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limitations, specification of the department or departments to have responsibility for the oversight of a state-sanctioned system related to medical cannabis. A detailed report, which shall be submitted no later than December 31, 2015, including a review of the conditions, needs, issues, and problems related to medical cannabis and any recommended action or proposed legislation which the commission deems necessary or appropriate shall be provided 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, Non-civil, and the Senate Judiciary, Non-civil Committee; and (2) To evaluate and consider the best practices, experiences, and results of legislation in other states with regard to medical cannabis. (b) The commission shall have the following powers: (1) To evaluate how the laws and programs affecting medical cannabis should operate in this state; (2) To request and receive data from and review the records of appropriate state agencies to the greatest extent allowed by state and federal law; (3) To authorize entering into contracts or agreements through the commission's chairperson necessary or incidental to the performance of its duties; (4) To establish rules and procedures for conducting the business of the commission; and (5) To conduct studies, hold public meetings, collect data, or take any other action the commission deems necessary to fulfill its responsibilities. (c) Subject to the availability of funds, the commission shall be authorized to retain the services of attorneys, consultants, subject matter experts, economists, budget analysts, data analysts, statisticians, and other individuals or organizations as determined appropriate by the commission.
31-50-5. This chapter shall stand repealed on June 30, 2016."
PART IV SECTION 4-1.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4-2. All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and adopted:
Representative Peake of the 141st offers the following amendment:
WEDNESDAY, FEBRUARY 25, 2015
1181
Amend the House Committee on Judiciary, Non-civil substitute to HB 1 (LC 29 6436S) by inserting after "repeal;" on line 9 the following: to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions of torts, so as to provide for limited liability for health care institutions and health care providers that permit the possession, administration, or use of low THC oil by a patient or caregiver on their premises in accordance with the laws of this state;
By inserting between lines 202 and 203 the following: Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions of torts, is amended by adding a new Code section to read as follows:
"51-1-29.6. (a) As used in this Code section, the term:
(1) 'Caregiver' shall have the same meaning as set forth in Code Section 31-2A-18. (2) 'Health care institution' shall have the same meaning as set forth in Code Section 51-1-29.5. (3) 'Health care provider' means any person licensed, certified, or registered under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43 or Chapter 4 of Title 26. (4) 'Low THC oil' shall have the same meaning as set forth in Code Section 16-12190. (b) A health care institution shall not be subject to any civil liability, penalty, licensing sanction, or other detrimental action and a health care provider shall not be subject to any civil liability, penalty, denial of a right or privilege, disciplinary action by a professional licensing board, or other detrimental action for allowing a patient or caregiver to possess, administer, or use low THC oil on the premises of a health care institution or offices of a health care provider provided that the possession of such substance is in accordance with the laws of this state."
PART V SECTION 5-1.
By redesignating Section 4-2 as Section 5-2.
Representatives Peake of the 141st, Golick of the 40th, and Abrams of the 89th offer the following amendment:
Amend the House Committee on Judiciary, Non-civil substitute to HB 1 (LC 29 6436S) by deleting "or" on line 71, by replacing the period with "; or" on line 72, and by inserting between lines 72 and 73 the following:
(I) Sickle cell disease.
The Committee substitute, as amended, was adopted.
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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
Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick
Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Cooper
Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans E Fleming Y Floyd Y Fludd Y Frazier Y Frye E Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra E Marin Y Martin Y Maxwell Y Mayo E McCall Y McClain
Y Meadows Y Mitchell E Morris Y Mosby Y Nimmer E Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin N Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch E Weldon Y Werkheiser 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 158, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
SB 53.
By Senators Kirk of the 13th, Unterman of the 45th, Harper of the 7th, Stone of the 23rd, Ligon, Jr. of the 3rd and others:
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A BILL to be entitled an Act to amend an Act relating to mental health and authorizing a licensed professional counselor to perform certain acts, Act No. 546, approved April 21, 2014 (Ga L. 2014, p. 347), so as to revise a sunset provision; to provide for an effective date; 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 N Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick N Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M N Cantrell
Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar
Douglas Y Drenner N Dudgeon Y Dukes N Dunahoo N Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans E Fleming Y Floyd Y Fludd Y Frazier Y Frye E Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon N Gravley Y Greene Y Hamilton
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston
Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L E Jones, S
Jordan Y Kaiser N Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra E Marin Y Martin Y Maxwell
Mayo E McCall Y McClain
Y Meadows Y Mitchell N Morris Y Mosby Y Nimmer E Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince
Pruett N Quick N Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott N Setzler Y Sharper Y Shaw Y Sims
Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall N Stover Y Strickland Y Tankersley N Tanner N Tarvin Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner
Waites Y Watson Y Welch E Weldon Y Werkheiser 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 134, nays 23.
The Bill, having received the requisite constitutional majority, was passed.
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The following Resolution of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
HR 304. By Representatives Cooper of the 43rd, Beskin of the 54th, England of the 116th, Broadrick of the 4th, Benton of the 31st and others:
A RESOLUTION encouraging Georgia's technical schools, colleges, and universities to expand gerontology and dementia education and training throughout their academic curriculum in order to address the growing economic, social, and healthcare needs created by an aging population; 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 E Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell
Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D
Y Coomer Y Cooper Y Corbett 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
Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans E Fleming Y Floyd Y Fludd Y Frazier Y Frye E Gardner Y Gasaway Y Geisinger Y Glanton E Golick
Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra E Marin Y Martin
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer E Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
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 Tankersley Y Tanner
Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
Waites Y Watson Y Welch E Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C
WEDNESDAY, FEBRUARY 25, 2015
1185
Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Gordon Y Gravley Y Greene Y Hamilton
Y Maxwell Mayo
E McCall Y McClain
Y Setzler Y Sharper Y Shaw Y Sims
Y Williams, E Y Williamson Y Yates
Ralston, Speaker
On the adoption of the Resolution, the ayes were 158, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 487. By Representatives Clark of the 98th, Barr of the 103rd, Peake of the 141st, Brockway of the 102nd, Williamson of the 115th and others:
A RESOLUTION honoring the life and memory of Representative Michael Brown and inviting his wife and children to be recognized by the House of Representatives; and for other purposes.
HR 488. By Representatives Chandler of the 105th, Clark of the 101st, Abrams of the 89th, Brooks of the 55th, Sims of the 123rd and others:
A RESOLUTION commending Susan McCauley for honoring the memory of Rosa Parks through the book she authored, Our Auntie Rosa, remembering the legacy of Rosa Parks and the courageous role she played in the civil rights movement, and inviting Susan McCauley to be recognized by the House of Representatives; and for other purposes.
HR 489. By Representatives Stephens of the 164th and Petrea of the 166th:
A RESOLUTION recognizing and honoring the members of the St. Patrick's Day Parade Committee, Chairman Kevin Halligan and the Grand Marshal of the 2015 St. Patrick's Day Parade, Hugh Coleman on the upcoming occasion of the 2015 St. Patrick's Day Parade in Savannah, Georgia, and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 490. By Representatives Clark of the 147th, O`Neal of the 146th, Dickey of the 140th, Epps of the 144th and Harden of the 148th:
A RESOLUTION commending the Northside High School Football Team for their continued athletic excellence and inviting Coach Kevin Kinsler, Willie Jordan, Brandon Sandifer, Isaiah Johnson, and Josh Vickers to be recognized by the House of Representatives; and for other purposes.
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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 402 Do Pass HR 475 Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 402. By Representatives Kidd of the 145th, Smyre of the 135th and Geisinger of the 48th:
A RESOLUTION honoring the life and memory of Johnnie Lafayette Caldwell, Sr., and inviting his son, Representative Johnnie Caldwell, Jr., and daughters, Patricia Caldwell Cox and Barbara Caldwell Johnson, to be recognized by the House of Representatives; and for other purposes.
HR 475. By Representative Cheokas of the 138th:
A RESOLUTION recognizing February 26, 2015, as the 3rd Annual Legislative Fly-In at the state capitol and inviting the Georgia Airports Association and its leadership, Mario Evans, Jim Galloway, Colette Edmisten, Blake Swafford, Mike Mathews, and Jason Pinnix, to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 491. By Representatives Smith of the 70th, Stover of the 71st, Ramsey of the 72nd and Trammell of the 132nd:
A RESOLUTION recognizing the sesquicentennial anniversary of the Battle of Brown's Mill; and for other purposes.
HR 492. By Representative Buckner of the 137th:
A RESOLUTION commending Joshua Edlow Buckner; and for other purposes.
HR 493. By Representatives Hitchens of the 161st and Burns of the 159th:
A RESOLUTION honoring the life and memory of Mr. Amos Louie Kight; and for other purposes
WEDNESDAY, FEBRUARY 25, 2015
1187
HR 494. By Representatives Maxwell of the 17th, Rakestraw of the 19th, Gravley of the 67th and Alexander of the 66th:
A RESOLUTION commending Leadership Paulding 25; and for other purposes.
HR 495. By Representatives Maxwell of the 17th, Rakestraw of the 19th, Gravley of the 67th, Powell of the 32nd, Rice of the 95th and others:
A RESOLUTION recognizing February 26, 2015, as Emergency Medical Services Recognition Day at the state capitol and commending the emergency medical services professionals of Georgia; and for other purposes.
HR 496. By Representative Trammell of the 132nd:
A RESOLUTION commending Mrs. Josie S. Walls; and for other purposes.
HR 497. By Representative McClain of the 100th:
A RESOLUTION commending Wallace A. Baldwin, Jr., for serving the citizens of the State of Georgia for more than 50 years through his work with the labor movement; and for other purposes.
HR 498. By Representatives Bentley of the 139th and Harden of the 148th:
A RESOLUTION recognizing and commending the Slosheye Trail Big Pig Jig; and for other purposes.
HR 499. By Representatives Knight of the 130th, Holmes of the 129th and Welch of the 110th:
A RESOLUTION commending the Rock Springs Health Clinic in Milner, Georgia, and its Medical Director, W. Stephen Taunton, M.D.; Administrative Director, Bobbi Riley; and Pharmaceutical Director, Linda Taunton; and for other purposes.
HR 500. By Representatives Clark of the 101st, Brockway of the 102nd, Efstration of the 104th, Clark of the 98th, Coleman of the 97th and others:
A RESOLUTION recognizing March 1, 2015, as Bosnian-American Day at the state capitol; and for other purposes.
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HR 501. By Representatives Cooper of the 43rd, Clark of the 101st and Ballinger of the 23rd:
A RESOLUTION recognizing February, 2015, as Self-Care Month; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and recommitted to the Committee on Higher Education:
HB 353. By Representative Rogers of the 29th:
A BILL to be entitled an Act to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to nonpublic postsecondary educational institutions; to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Administrative Procedure Act, so as to exempt the commission from the Georgia Administrative Procedure Act; 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 11:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 11:00 o'clock, tomorrow morning.
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Representative Hall, Atlanta, Georgia
Thursday, February 26, 2015
Twenty-Third Legislative Day
The House met pursuant to adjournment at 11:00 o'clock, A.M., this day.
The House stood at ease until 11:15 o'clock A.M.
The Speaker called the House to order.
The roll was called and the following Representatives answered to their names:
Abrams Alexander E Allison Anderson Atwood E Ballinger Barr Battles E Beasley-Teague E Bell Belton Bennett Bentley Benton Beskin Broadrick Brockway Brooks Bruce E Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter Casas Chandler Cheokas Clark, D Clark, H Clark, V Coleman Cooke
Coomer Cooper Corbett E Dawkins-Haigler Deffenbaugh Dempsey E Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Floyd Fludd Frazier Frye Gardner Gasaway Geisinger Glanton E Golick Gordon Gravley Greene Hamilton
Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, L Jones, S Jordan Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lumsden Mabra Marin Martin Maxwell McCall McClain Meadows Mitchell
Morris Nimmer Nix Oliver O'Neal Pak Parrish Parsons Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sims Smith, E Smith, L
Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R Stephenson Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner Waites Watson Welch E Weldon Werkheiser 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:
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Representatives Beverly of the 143rd, Mayo of the 84th, and Mosby of the 83rd.
They wished to be recorded as present.
Prayer was offered by Reverend Ronald Toney, Pastor, Lizzie Chapel Baptist Church, Macon, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 512
Atlanta, Georgia 30334
February 26, 2015
Bill Reilly, Clerk Georgia House of Representatives State Capitol Atlanta, GA 30334
RE: February 20, 2015
Dear Mr. Clerk:
Due to a miscommunication between my staff and yours, I was not counted as excused on Friday, February 20, 2015. I had several commitments that day and was unable to make it to the Capitol. Please accept this letter as my official request to be excused from session on February 20, 2015.
Sincerely,
/s/ LaDawn Jones Representative, District 62
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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 487. By Representatives Parsons of the 44th, Fludd of the 64th, Harbin of the 122nd, Burns of the 159th, Kirby of the 114th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for the comprehensive revision of sales and use tax provisions for all entities participating in the data center industry; to change and provide for definitions; to change and provide for exemptions; to provide for legislative intent; 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 488. By Representatives Mabra of the 63rd and Fludd of the 64th:
A BILL to be entitled an Act to amend Chapter 15 of Title 25 of the Official Code of Georgia Annotated, relating to certain safety inspections and regulations; to provide for a short title; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 489. By Representatives Ballinger of the 23rd, Carson of the 46th, Caldwell of the 20th, Cantrell of the 22nd and Turner of the 21st:
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A BILL to be entitled an Act to amend an Act entitled "An Act to create the State Court of Cherokee County," approved April 15, 1996 (Ga. L. 1996, p. 4427), as amended, so as to provide for the appointment of solicitor-general investigators; to provide for qualifications; to provide for powers; to provide for a chief investigator; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 490. By Representatives Ballinger of the 23rd, Carson of the 46th, Caldwell of the 20th, Cantrell of the 22nd and Turner of the 21st:
A BILL to be entitled an Act to provide for the appointment of district attorney investigators in the Blue Ridge Judicial Circuit; to provide for qualifications; to provide for powers; to provide for a chief investigator; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 491. By Representatives Cantrell of the 22nd, Jasperse of the 11th, Broadrick of the 4th, Bentley of the 139th, Harrell of the 106th and others:
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; to amend Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Public Health; to provide immunity from liability; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician assistants, and others, so as to provide for emergency public access stations to allow a lay rescuer to consult with a medical professional to administer or make available auto-injectable epinephrine under certain circumstances; to provide for immunity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 492. By Representatives Jasperse of the 11th, Powell of the 32nd, Meadows of the 5th, Hightower of the 68th, Ballinger of the 23rd and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to revise provisions regarding carrying in unauthorized locations; to amend Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, so as to provide for the disclosure of records relating to licensing and possession of firearms between the judges of the
THURSDAY, FEBRUARY 26, 2015
1193
probate court; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 493. By Representatives Jones of the 167th and Atwood of the 179th:
A BILL to be entitled an Act to authorize the City of Brunswick 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 494. By Representatives Gravley of the 67th, Hitchens of the 161st, Cooke of the 18th, Clark of the 147th, Tarvin of the 2nd 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 provide that a retired peace officer shall not pay any fees or costs for any permit or card evidencing his or her registration or certification with the Georgia Peace Officer Standards and Training Council; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 495. By Representatives Ramsey of the 72nd, Mabra of the 63rd, Yates of the 73rd, Stover of the 71st and Fludd of the 64th:
A BILL to be entitled an Act to authorize the City of Peachtree City 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 496. By Representatives Hatchett of the 150th, Peake of the 141st, Williams of the 119th, Roberts of the 155th, England of the 116th and others:
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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 use of certain property for collection and conversion of solar energy shall not constitute a breach of conservation use covenants; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 497. By Representatives Stovall of the 74th, Kidd of the 145th, Frye of the 118th and Glanton of the 75th:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to disposition of surplus state property, so as to provide for the offer of surplus property to charitable institutions at no charge prior to disposition by other means in certain instances; to provide for limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 498. By Representatives Hawkins of the 27th, Maxwell of the 17th, Chandler of the 105th, Clark of the 101st, Taylor of the 173rd and others:
A BILL to be entitled an Act to amend Code Section 43-10A-3 of the Official Code of Georgia Annotated, relating to definitions relative to professional counselors, social workers, and others, so as to revise the definition of "professional counseling"; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 499. By Representatives Powell of the 32nd, Parsons of the 44th, Smyre of the 135th, Kaiser of the 59th and Rice of the 95th:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for the nonrenewal and nonissuance of driver's licenses for certain reasons; to provide for the nonrenewal and nonissuance of motor vehicle registrations for certain reasons; to provide for automated traffic enforcement safety devices in school zones; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
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1195
HB 500. By Representatives Mabra of the 63rd, Hamilton of the 24th, Abrams of the 89th, McClain of the 100th, Kirby of the 114th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to change certain provisions of a definition in order to provide that services performed by an individual for wages shall be deemed to be employment unless the Department of Labor makes a contrary determination based upon evidence submitted of certain factors demonstrating that such individual has been and will continue to be free from control or direction over the performance of such services; to provide that the Department of Labor shall maintain a web based system of notifying the department of employment that is improperly reported; to provide for investigation of reports of misclassification; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 501. By Representatives Stover of the 71st, Spencer of the 180th and Willard of the 51st:
A BILL to be entitled an Act to amend Code Section 31-7-281 of the Official Code of Georgia Annotated, relating to health care data system established and departmental authority, so as to remove the authority of the Department of Community Health to use existing data collection systems in establishing and operating a state-wide health care data system; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 502. By Representatives Dudgeon of the 25th, Coleman of the 97th, Clark of the 101st, 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 Official Code of Georgia Annotated, relating to elementary and secondary education, so as to update and clarify provisions in law and to repeal obsolete provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HR 502. By Representatives Welch of the 110th, Powell of the 171st, Hamilton of the 24th, Roberts of the 155th, Duncan of the 26th and others:
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A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the dedication of revenues derived from fees or other assessments to the public purpose for which such fees or other assessments were imposed; to provide for procedures, conditions, and limitations; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Ways & Means.
By unanimous consent, the 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 504. By Representatives Cooper of the 43rd, Broadrick of the 4th, Parrish of the 158th, Hawkins of the 27th, Stephens of the 164th and others:
A BILL to be entitled an Act to amend Code Section 31-12-3.2 of the Official Code of Georgia Annotated, relating to meningococcal disease vaccinations and disclosures, so as to revise provisions regarding vaccination against meningococcal disease of college students; to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to authorize the administration of vaccines by pharmacists or nurses pursuant to vaccine protocol agreements with physicians; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 505. By Representatives Cooper of the 43rd, Ramsey of the 72nd, Bennett of the 94th, Gasaway of the 28th, Cheokas of the 138th and others:
A BILL to be entitled an Act to amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, relating to physical therapists, so as to revise various provisions regarding the licensure and regulation of physical therapists and physical therapy assistants; to revise definitions; to include additional powers of the State Board of Physical Therapy; to revise provisions regarding use of titles; to revise provisions regarding granting licenses and discipline of licensees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 506. By Representatives Henson of the 86th, Drenner of the 85th, Mosby of the 83rd, Gardner of the 57th, Bennett of the 94th and others:
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A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to dangerous instrumentalities and practices, so as to make it unlawful to discharge a firearm in an act of celebration or ceremony; to provide for definitions; to provide for exceptions; to provide for criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:
HB 469 HB 471 HB 473 HB 475 HB 478 HB 480 HB 482 HB 484 HB 486 SB 34
HB 470 HB 472 HB 474 HB 476 HB 479 HB 481 HB 483 HB 485 HR 474
Representative Tankersley of the 160th 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 447 HB 449 HB 454 HB 468
Do Pass Do Pass Do Pass Do Pass
HB 448 HB 453 HB 465
Do Pass Do Pass Do Pass
Respectfully submitted, /s/ Tankersley of the 160th
Chairman
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The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR THURSDAY, FEBRUARY 26, 2015
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 76 HB 207
HB 210
General appropriations; State Fiscal Year July 1, 2015 - June 30, 2016 (Substitute)(App-Ralston-7th) Courts; judge, judicial officer, grand juror, or trial lawyer may be disqualified for presiding or serving due to being related by consanguinity or affinity to a party; change provisions (Judy-Beskin-54th) Drivers' licenses; provide for dissemination of certain information by the Department of Driver Services; provisions (Substitute)(MotV-Rogers-10th)
Modified Structured Rule
HB 71 HB 118 HB 184 HB 192
HB 325
Pardons and paroles; provide input and transparency relative to granting a parole or commutation of a death sentence to a life sentence; provisions (Substitute)(JudyNC-Tanner-9th) Drivers' licenses; issuance of commercial licenses and instruction permits to comply with federal law; amend certain provisions (MotV-Tanner-9th) Banking and finance; extensively revise Title 7; provisions (B&BWilliamson-115th) Local government; counties, municipal corporations, school districts, and consolidated governments be reimbursed for expenses only through submission of expense reimbursement requests; provisions (Substitute)(GAff-Powell-32nd) (AM# 28 1385) Safety belts; definition of term passenger vehicle; modify (Substitute)(MotV-Hitchens-161st)
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1199
HB 362
Student health; licensed health practitioners to prescribe albuterol sulfate for schools; authorize (Substitute)(H&HS-Clark-101st)
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 447. By Representatives Epps of the 144th, Randall of the 142nd, Dickey of the 140th and Peake of the 141st:
A BILL to be entitled an Act to amend an Act known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, so as to change the compensation of members of the authority; to provide for future changes in compensation; 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 448. By Representatives England of the 116th, Quick of the 117th and Kirby of the 114th:
A BILL to be entitled an Act to amend an Act providing authority for members of the Board of Education of Barrow County, approved April 19, 1971 (Ga. L. 1971, p. 3919), as amended, particularly by an Act approved January 29, 1988 (Ga. L. 1988, p. 3501), so as to revise a provision relating to the time to appoint a member to a vacancy on 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.
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HB 449. By Representatives England of the 116th, Quick of the 117th and Kirby of the 114th:
A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain Barrow County school district ad valorem taxes for educational purposes, approved May 1, 2006 (Ga. L. 2006, p. 3974), so as to eliminate the requirement to submit a new application for the exemption in the year following a reevaluation; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 453. By Representatives Spencer of the 180th and Corbett of the 174th:
A BILL to be entitled an Act to amend an Act to incorporate the City of Kingsland in Camden County, Georgia, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, so as to provide for election of the mayor and council by majority vote; to provide for related matters; to provide for a referendum; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 454. By Representatives Spencer of the 180th and Corbett of the 174th:
A BILL to be entitled an Act to amend an Act to incorporate the City of Kingsland in Camden County, Georgia, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, particularly by an Act approved March 5, 1976 (Ga. L. 1976, p. 2833), so as to provide for the holding of elections in evennumbered years; to provide for related matters; to provide for a referendum; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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1201
HB 465. By Representatives Kidd of the 145th and Rhodes of the 120th:
A BILL to be entitled an Act to authorize the governing authority of Putnam 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 468. By Representative Cooke of the 18th:
A BILL to be entitled an Act to provide a new charter for the City of Mount Zion; to provide for other matters relative to the foregoing; to provide for effective dates; to provide a specific repealer; to 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 300. By Representatives Oliver of the 82nd, Stephenson of the 90th, Jacobs of the 80th, Mosby of the 83rd, Holcomb of the 81st and others:
A BILL to be entitled an Act to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, so as to establish the traffic division of said court; to provide for judges; to provide for initial terms and elections; to provide for the assignment of cases; to provide for a solicitor and clerk; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, so as to establish the traffic division of said court; to provide for judges; to provide for initial terms and elections; to provide for the assignment of cases;
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to provide for a solicitor and clerk; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, is amended by designating the existing text of such Act as Part 1 and by adding thereafter a new Part 2 to read as follows:
"Part 2
Section 2-1. There is created a division of the State Court of DeKalb County to be known as the 'traffic division.' The traffic division of the state court shall be governed by the provisions of general law contained in Chapter 7 of Title 15 of the O.C.G.A., relating to state courts, and by the additional provisions of this part.
Section 2-2. (a) In addition to all other judges of the state court, there shall be four judges of the traffic division who shall be known as associate judges of the state court. The qualifications and election of the associate judges shall be as provided by general law. (b) The initial associate judges shall be appointed by the Governor. Such initial associate judges shall serve until January 1, 2017, and until their successors are duly elected and qualified. Their successors shall be elected at the 2016 general election to serve terms of four years. All such elections shall be as provided by general law. (c) Except as specifically provided in this part, all provisions of this Act relating to the judges of the state court shall be applicable to the associate judges of the traffic division. (d) The four associate judges of the traffic division are designated as full-time judges and may not engage in the private practice of law. (e) Associate judges of the traffic division shall not be eligible to serve as senior judge of the state court.
Section 2-3. (a) The traffic division shall have a presiding associate judge who shall be one of the four associate judges provided in Section 2-2. The initial presiding associate judge shall be selected by the senior judge of the state court. (b) The term of the presiding associate judge shall be for two years, or until the person serving as presiding associate judge resigns the position or leaves the court, whichever time is shorter. At the end of each term of the presiding associate judge, the position shall pass for a term as provided in this subsection to the next associate judge as follows:
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(1) The position of presiding associate judge shall pass to the next associate judge who has served as presiding associate judge the fewest number of terms; and (2) If more than one associate judge meet the criteria of paragraph (1) of this subsection, then among or between them the position shall pass to the next associate judge who has served as associate judge the longest time. For purposes of this paragraph, the order in which the associate judges were first sworn in shall govern. (c) No associate judge shall succeed himself or herself for an additional term as presiding associate judge. (d) The four associate judges, in performing their duties and responsibilities, shall share, divide, and allocate the work and duties to be performed by each of them. In the event of disagreement between the associate judges with respect to such matters, the decision of the presiding associate judge shall govern. (e) Notwithstanding any provision of this part to the contrary, the senior judge of the state court shall have ultimate authority over all matters concerning the administration of the traffic division.
Section 2-4. (a) All cases involving violations of the traffic laws of the State of Georgia shall be assigned to the state court. (b) The senior judge of the state court may order that cases involving violations of the traffic laws of the State of Georgia or any other matters within the jurisdiction of the state court be assigned to the traffic division. (c) The provisions of this section shall not limit the power of the associate judges to hear and decide any matter within the jurisdiction of the state court, but the associate judges shall hear and decide only such matters as are assigned to the traffic division by order of the senior judge of the state court. (d) This section shall not limit the power of the associate judges to punish contempts in the same manner as any other judge of the state court.
Section 2-5. The associate judges shall take an oath to faithfully administer and discharge the duties of their offices in accordance with the Constitution and laws of the State of Georgia and the Constitution of the United States, which oath may be administered by any officer authorized under the laws of this state to administer oaths.
Section 2-6. The solicitor of the state court shall be the solicitor of the traffic division.
Section 2-7. The clerk of the state court shall be the clerk of the traffic division. All records of the Recorder's Court of DeKalb County shall be transferred to and maintained by the clerk of the state court."
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SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
HB 302. By Representatives Oliver of the 82nd, Stephenson of the 90th, Jacobs of the 80th, Mosby of the 83rd, Holcomb of the 81st and others:
A BILL to be entitled an Act to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved March 30, 1995 (Ga. L. 1995, p. 4016), so as to increase the salary of the Chief Magistrate of DeKalb County; to establish salaries of the associate judges of the traffic division of the State Court of DeKalb County; to establish the salary of the Clerk of the State Court of DeKalb County; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved March 30, 1995 (Ga. L. 1995, p. 4016), so as to increase the salary of the Chief Magistrate of DeKalb County; to establish salaries of the associate judges of the traffic division of the State Court of DeKalb County; to establish the salary of the Clerk of the State Court of DeKalb County; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved March 30, 1995 (Ga. L. 1995, p. 4016), is amended by revising Section 3 as follows:
THURSDAY, FEBRUARY 26, 2015
1205
"SECTION 3.
Notwithstanding any other provisions of law to the contrary, the annual salary of each of the officials listed below shall be the following percentage of the gross salary as defined in Section 1: (1) State Court Judge except the presiding associate judge and associate judges of the Traffic Division .............................................................................................................90% (2) State Court Solicitor ...............................................................................................90% (3) State Court Traffic Division presiding associate judge and associate judges.........80% (4) Chief Magistrate .....................................................................................................85% (5) Associate Magistrate ............................................................................................67.5% (6) District Attorney .................................................................................................93.5%"
SECTION 2.
Said Act is further amended by adding a new section to read as follows: "Section 3.1. The annual salary of the Clerk of the State Court of DeKalb County shall be 90 percent of the annual salary received by the Clerk of the Superior Court of DeKalb County."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
By unanimous consent, the following roll call vote was made applicable to the previously read Bills.
On the passage of the Bills, and on the agreement to the Senate substitutes, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Anderson Y Atwood E Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey E Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson
Y Meadows Y Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold
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 Tankersley Y Tanner
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Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L
Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites
Watson Y Welch E Weldon Y Werkheiser 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, and on the agreement to the Senate substitutes, the ayes were 166, nays 0.
The Bills, having received the requisite constitutional majority, were passed, and the House has agreed to the Senate substitutes.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Geisinger of the 48th, Trammell of the 132nd, Williams of the 168th, Spencer of the 180th, Epps of the 144th, Maxwell of the 17th, Bruce of the 61st et al., and Ralston of the 7th.
Pursuant to HR 289, the House recognized and commended the Flint District on being named the Georgia Forestry Commission 2014 District of the Year and invited them to be recognized by the House of Representatives.
Pursuant to HR 291, the House recognized and commended the Coffee-Atkinson Forestry Unit upon being named the Georgia Forestry Commission 2014 Southern Unit of the Year and invited them to be recognized by the House of Representatives.
Pursuant to HR 338, the House recognized and commended the Jasper-Jones County Forestry Unit upon being named the Georgia Forestry Commission 2014 Northern Unit of the Year and invited them to be recognized by the House of Representatives.
THURSDAY, FEBRUARY 26, 2015
1207
Pursuant to HR 475, the House recognized February 26, 2015, as the 3rd Annual Legislative Fly-In at the state capitol and invited the Georgia Airports Association and its leadership, Mario Evans, Jim Galloway, Colette Edmisten, Blake Swafford, Mike Mathews, and Jason Pinnix, to be recognized by the House of Representatives.
Pursuant to HR 406, the House recognized February 26, 2015, as Albany-Dougherty County Day at the capitol, commended the Albany Area Chamber of Commerce, and invited its members 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 Judiciary Non-Civil:
HB 103. By Representatives Belton of the 112th, Dickerson of the 113th, Tanner of the 9th, Williams of the 119th, Peake of the 141st 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 prohibit any person from causing a minor to be identified as the individual in an obscene depiction; to provide for definitions; to provide for venue; to provide for exceptions; to provide for penalties; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Public Safety & Homeland Security:
HB 123. By Representative Yates of the 73rd:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to equipment and inspection of motor vehicles, so as to provide for the use of a safety chain or cable when operating a motor vehicle drawing a trailer; to provide for related matters; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 76. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th:
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A BILL to be entitled an Act to be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016; 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.
The following Committee substitute was read:
HOUSE COMMITTEE SUBSTITUTE A BILL TO BE ENTITLED AN ACT
To make and provide appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016; 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, 2015, and ending June 30, 2016, as prescribed hereinafter for such fiscal year:
Total Funds
$44,663,503,905
Federal Funds and Grants
$13,168,053,249
CCDF Mandatory and Matching Funds (CFDA 93.596)
$102,806,666
Child Care and Development Block Grant (CFDA 93.575)
$109,580,578
Community Mental Health Services Block Grant (CFDA 93.958)
$14,163,709
Community Service Block Grant (CFDA 93.569)
$16,526,699
Federal Highway Administration Highway Planning and Construction (CFDA $1,526,296,548
20.205)
Foster Care Title IV-E (CFDA 93.658)
$87,072,222
Low-Income Home Energy Assistance (CFDA 93.568)
$55,866,874
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1209
Maternal and Child Health Services Block Grant (CFDA 93.994) Medical Assistance Program (CFDA 93.778) Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959) Preventive Health and Health Services Block Grant (CFDA 93.991) Social Services Block Grant (CFDA 93.667) State Children's Insurance Program (CFDA 93.767) TANF Transfers to Social Services Block Grant (CFDA 93.558) Temporary Assistance for Needy Families Block Grant (CFDA 93.558) Federal Funds Not Specifically Identified Federal Recovery Funds Federal Recovery Funds Not Specifically Identified Other Funds Agency Funds Indigent Care Trust Fund - Public Hospital Authorities Other Funds - Not Specifically Identified Prior Year Funds - Motor Fuel Funds 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
$16,534,236 $6,572,547,460
$47,733,582 $2,403,579
$93,259,598 $425,580,978
$7,554,503 $371,642,927 $3,718,483,090 $102,796,523 $102,796,523 $5,826,759,693 $3,172,865,745 $139,386,524 $404,985,346
$3,971,000 $50,663 $582,288
$2,104,918,127 $21,782,964,314
$1,458,567 $272,255,461 $977,772,176 $1,003,353,791 $167,969,114 $19,219,341,203 $140,814,002 $3,782,930,126 $3,219,922,699 $280,857,262 $65,119,191 $55,273,576 $161,757,398
Section 1: Georgia Senate Total Funds State Funds State General Funds
1.1. Lieutenant Governor's Office Total Funds State Funds
$10,585,835 $10,585,835 $10,585,835
$1,256,003 $1,256,003
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State General Funds
$1,256,003
1.2. Secretary of the Senate's Office Total Funds State Funds State General Funds
$1,147,666 $1,147,666 $1,147,666
1.3. Senate Total Funds State Funds State General Funds
$7,115,031 $7,115,031 $7,115,031
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
$1,067,135
State Funds
$1,067,135
State General Funds
$1,067,135
Section 2: Georgia House of Representatives Total Funds State Funds State General Funds
$18,967,403 $18,967,403 $18,967,403
2.1. House of Representatives
Total Funds
$18,967,403
State Funds
$18,967,403
State General Funds
$18,967,403
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$18,705,323
$18,705,323
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$134,167
$134,167
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$127,913
$127,913
Amount appropriated in this Act
$18,967,403
$18,967,403
Section 3: Georgia General Assembly Joint Offices Total Funds
$10,536,381
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1211
State Funds State General Funds
$10,536,381 $10,536,381
3.1. Ancillary Activities
Purpose: The purpose of this appropriation is to provide services for the
legislative branch of government.
Total Funds
$5,777,046
State Funds
$5,777,046
State General Funds
$5,777,046
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$5,734,042
$5,734,042
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$24,910
$24,910
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$16,340
$16,340
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$1,754
$1,754
Amount appropriated in this Act
$5,777,046
$5,777,046
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
$1,302,004
State Funds
$1,302,004
State General Funds
$1,302,004
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,273,514
$1,273,514
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$11,545
$11,545
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$7,470
$7,470
Reflect an adjustment in Teamworks billings.
$9,475
$9,475
Amount appropriated in this Act
$1,302,004
$1,302,004
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.
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Total Funds
$3,457,331
State Funds
$3,457,331
State General Funds
$3,457,331
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$3,036,309
$3,036,309
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$56,142
$56,142
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$364,880
$364,880
Amount appropriated in this Act
$3,457,331
$3,457,331
Section 4: Audits and Accounts, Department of Total Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments
$35,630,432 $34,990,432 $34,990,432
$640,000 $640,000
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
$30,557,701
State Funds
$29,917,701
State General Funds
$29,917,701
Intra-State Government Transfers
$640,000
Other Intra-State Government Payments
$640,000
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$29,241,479
$29,881,479
THURSDAY, FEBRUARY 26, 2015
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Reflect an adjustment in Teamworks billings.
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Transfer funds to the Departmental Administration ($578,910) and Statewide Equalized Adjusted Property Tax Digest ($152,669) programs to meet projected personal services expenditures.
Provide funds for personal services and operating expenses to fill vacant positions to audit local education agencies.
Amount appropriated in this Act
$156,250 ($5,644) $7,023
$400,172 ($731,579)
$850,000 $29,917,701
$156,250 ($5,644) $7,023
$400,172 ($731,579)
$850,000 $30,557,701
4.2. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support to all Department programs.
Total Funds
$2,380,309
State Funds
$2,380,309
State General Funds
$2,380,309
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,742,089
$1,742,089
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$25,000
$25,000
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$34,310
$34,310
Transfer funds from the Audit and Assurance Services program to meet projected personal services expenditures.
$578,910
$578,910
Amount appropriated in this Act
$2,380,309
$2,380,309
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
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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
$252,560
State Funds
$252,560
State General Funds
$252,560
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$251,872
$251,872
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$688
$688
Amount appropriated in this Act
$252,560
$252,560
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
$2,419,862
State Funds
$2,419,862
State General Funds
$2,419,862
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$2,194,760
$2,194,760
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$35,000
$35,000
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$37,433
$37,433
Transfer funds from the Audit and Assurance Services program to meet projected personal services expenditures.
$152,669
$152,669
Amount appropriated in this Act
$2,419,862
$2,419,862
Section 5: Appeals, Court of Total Funds
$16,165,713
THURSDAY, FEBRUARY 26, 2015
1215
Other Funds Other Funds - Not Specifically Identified
State Funds State General Funds
$150,000 $150,000 $16,015,713 $16,015,713
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
$16,165,713
Other Funds
$150,000
Other Funds - Not Specifically Identified
$150,000
State Funds
$16,015,713
State General Funds
$16,015,713
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$15,035,519
$15,185,519
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$163,744
$163,744
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$101,312
$101,312
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$12,272
$12,272
Reflect an adjustment in Teamworks billings.
$7,342
$7,342
Increase funds for a $10,000 salary enhancement to Appellate Court Judges' salaries. (H:Increase funds for a $12,000 salary enhancement to Appellate Court Judges' salaries.)
$277,659
$277,659
Increase funds for a $15,000 salary enhancement to
$0
$0
match the Superior Court Judges' salary request. (H:No)
Increase funds for network maintenance costs due to the Supreme Court leaving the shared network.
$36,876
$36,876
Increase funds for six hours of continued legal education training for staff attorneys.
$10,000
$10,000
Increase funds for trial court records maintenance.
$20,000
$20,000
Increase funds to restore funding for one vacant fulltime central staff attorney position.
$154,821
$154,821
Increase funds to restore funding for one vacant fulltime fiscal office position.
$69,418
$69,418
Provide funds for increased costs of software maintenance for the docket system.
$6,750
$6,750
Provide one-time funds to convert microfilm court records to a searchable PDF format.
$120,000
$120,000
Amount appropriated in this Act
$16,015,713
$16,165,713
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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
$19,286,626 $2,552,935 $2,552,935 $1,144,998
$876,093 $268,905 $15,588,693 $15,588,693
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
$454,510
State Funds
$454,510
State General Funds
$454,510
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$438,057
$438,057
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$14,317
$14,317
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$2,136
$2,136
Amount appropriated in this Act
$454,510
$454,510
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
THURSDAY, FEBRUARY 26, 2015
6.3. Institute of Continuing Judicial Education
Purpose: The purpose of this appropriation is to provide basic training and
continuing education for Superior Court Judges, Juvenile Court Judges, State
Court Judges, Probate Court Judges, Magistrate Court Judges, Municipal
Court Judges, Superior Court Clerks, Juvenile Court Clerks, Municipal Court
Clerks, and other court personnel.
Total Funds
$1,196,222
Other Funds
$703,203
Agency Funds
$703,203
State Funds
$493,019
State General Funds
$493,019
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$471,789
$1,174,992
Increase funds for one curricula specialist to assist the
$0
$0
Institute of Continuing Judicial Education with
professional development of judges and court staff.
(H:No)
Increase funds for operating expenses to provide technology equipment for staff, replace aged technology equipment, and meet day-to-day operating needs for services provided to multiple classes of court.
$21,230
$21,230
Provide one-time funds for the statewide crossjurisdictional conference. (H:No)
$0
$0
Amount appropriated in this Act
$493,019
$1,196,222
6.4. Judicial Council
Purpose: The purpose of this appropriation is to support the Administrative
Office of the Courts; to support accountability courts and the Judicial Council
Accountability Court Committee; to provide administrative support for the
councils of the Magistrate Court Judges, the Municipal Court Judges, the
Probate Court Judges, and the State Court Judges; to operate the Child
Support E-Filing system, the Child Support Guidelines Commission, the
Commission on Interpreters, the County and Municipal Probation Advisory
Council, the Georgia Commission on Family Violence, and the Children and
Family Courts division; and to support the Committee on Justice for Children.
Total Funds
$16,129,887
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
$13,308,047
State General Funds
$13,308,047
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
1217
1218
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 744) as amended
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 Judicial Retirement System.
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Reflect an adjustment in Teamworks billings.
Increase funds for grants for civil legal services to victims of domestic violence.
Increase funds for one executive director position and associated operating expenses for the Council of Probate Court Judges. (H:No)
Increase funds for the Council of Municipal Court Judges for continued strategic business and information technology planning, publication of Standard Operating Procedures, and executive committee and district representative travel related to district functions. (H:Increase funds for the Council of Municipal Court Judges for publication of Standard Operating Procedures, and executive committee and district representative travel related to district functions.)
Increase funds for three compliance monitor positions and operating expenses to effectively and efficiently register and regulate misdemeanor probation providers.
Increase funds to continue the Cold Case Project, in conjunction with other agencies serving children in state custody, which will seek to identify children most likely to age out of foster care without a family.
Increase funds to improve and expand training for members of the Georgia Council of Court Administrators.
Increase funds to support web hosting for the Access to Courts Filing Wizard.
Amount appropriated in this Act
State Funds $11,223,561
$318,853 $809,110 $43,218 $43,951
$1,641 $386,251
$0 $11,795
$277,167 $175,000
$7,500 $10,000 $13,308,047
Total Funds $14,045,401
$318,853 $809,110 $43,218 $43,951
$1,641 $386,251
$0 $11,795
$277,167 $175,000
$7,500 $10,000 $16,129,887
6.5. Judicial Qualifications Commission
Purpose: The purpose of this appropriation is to investigate complaints filed
against a judicial officer, impose and recommend disciplinary sanctions
against any judicial officer, and when necessary, file formal charges against
that officer and provide a formal trial or hearing. The purpose of this
appropriation is also to produce formal and informal advisory opinions;
provide training and guidance to judicial candidates regarding the Code of
Judicial Conduct; and investigate allegations of unethical campaign practices.
Total Funds
$533,117
THURSDAY, FEBRUARY 26, 2015
State Funds
$533,117
State General Funds
$533,117
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$527,706
$527,706
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$4,709
$4,709
Provide funds for merit-based pay adjustments and
$702
$702
employee recruitment and retention initiatives effective
July 1, 2015.
Amount appropriated in this Act
$533,117
$533,117
6.6. Resource Center
Purpose: The purpose of this appropriation is to provide direct representation to death penalty sentenced inmates and to recruit and assist private attorneys to represent plaintiffs in habeas corpus proceedings.
Total Funds
$800,000
State Funds
$800,000
State General Funds
$800,000
1219
Section 7: Juvenile Courts Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds
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
$2,001,111
Federal Funds and Grants
$447,456
Federal Funds Not Specifically Identified
$447,456
State Funds
$1,553,655
State General Funds
$1,553,655
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,493,806
$1,941,262
$8,054,444 $447,456 $447,456
$7,606,988 $7,606,988
1220
JOURNAL OF THE HOUSE
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Amount appropriated in this Act
$49,434 $10,415
$1,553,655
$49,434 $10,415
$2,001,111
7.2. Grants to Counties for Juvenile Court Judges
Purpose: The purpose of this appropriation is for payment of state funds to
circuits to pay for juvenile court judges' salaries.
Total Funds
$6,053,333
State Funds
$6,053,333
State General Funds
$6,053,333
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$5,535,458
$5,535,458
Increase funds to reflect an adjustment in the employer share of the Judicial Retirement System.
$496,625
$496,625
Increase funds for Grants to Counties for Juvenile Court Judges pursuant to O.C.G.A. 15-11-52 effective January 1, 2015.
$21,250
$21,250
Amount appropriated in this Act
$6,053,333
$6,053,333
Section 8: Prosecuting Attorneys Total Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments
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
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.
$72,073,511 $70,026,029 $70,026,029 $2,047,482 $2,047,482
THURSDAY, FEBRUARY 26, 2015
Total Funds
$65,363,974
State Funds
$63,316,492
State General Funds
$63,316,492
Intra-State Government Transfers
$2,047,482
Other Intra-State Government Payments
$2,047,482
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$60,672,663
$62,474,790
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$601,133
$601,133
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$416,569
$416,569
Adjust other funds to reflect a Department of Human Services contract.
$0
$245,355
Increase funds for district attorney court travel and training. (H:No)
$0
$0
Increase funds for personal services for 11 additional assistant district attorneys to support Accountability Courts in the following circuits: Alapaha, Bell-Forsyth, Douglas, Dublin, Eastern, Griffin, Macon, Northern, South Georgia, Southwestern, and Towaliga. (H:Increase funds for personal services for five additional assistant district attorneys to support Accountability Courts in the circuits with the greatest need.)
$415,769
$415,769
Increase funds for personal services for 15 additional assistant district attorneys to support Juvenile Courts across the state. (H:Increase funds for personal services for seven additional assistant district attorneys to support Juvenile Courts across the state.)
$582,076
$582,076
Increase funds for personal services to annualize two assistant district attorneys reflecting the increase of new judgeships in the Coweta and Waycross Judicial Circuits as provided in HB 744 (2014 Session).
$104,522
$104,522
Increase funds for personal services to provide for recruitment, retention, and career advancement of assistant district attorneys, investigators, and secretaries. (H:Increase funds for personal services to provide for pay parity for secretaries.)
$114,885
$114,885
Provide funds to increase the monthly supplement for chief assistant district attorneys from $100 to $500 per month. (H:Provide funds to increase the monthly supplement for chief assistant district attorneys from $100 to $300 per month.)
$191,829
$191,829
Provide funds for an assistant district attorney to reflect the new judgeship in the Western Judicial Circuit starting April 1, 2016.
$26,253
$26,253
Provide a salary supplement to District Attorneys receiving a county supplement of less than $15,000.
$190,793
$190,793
1221
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JOURNAL OF THE HOUSE
Amount appropriated in this Act
$63,316,492
$65,363,974
8.3. Prosecuting Attorneys' Council
Purpose: The purpose of this appropriation is to assist Georgia's District
Attorneys and State Court Solicitors.
Total Funds
$6,523,957
State Funds
$6,523,957
State General Funds
$6,523,957
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$6,342,614
$6,342,614
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$413,944
$413,944
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$52,412
$52,412
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($297,158)
($297,158)
Reflect an adjustment in Teamworks billings.
$12,145
$12,145
Increase funds for personal services for one human resources generalist position. (H:No)
$0
$0
Amount appropriated in this Act
$6,523,957
$6,523,957
Section 9: Superior Courts Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds
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
$1,432,409
Other Funds
$35,000
Other Funds - Not Specifically Identified
$35,000
State Funds
$1,397,409
State General Funds
$1,397,409
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
$67,801,346 $137,000 $137,000
$67,664,346 $67,664,346
THURSDAY, FEBRUARY 26, 2015
Amount from previous Appropriations Act (HB 744) as amended
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Amount appropriated in this Act
State Funds $1,353,844
$20,244 $17,474
$5,847
$1,397,409
Total Funds $1,388,844
$20,244 $17,474
$5,847
$1,432,409
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
$2,637,051
Other Funds
$87,000
Other Funds - Not Specifically Identified
$87,000
State Funds
$2,550,051
State General Funds
$2,550,051
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$2,500,166
$2,587,166
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$36,517
$36,517
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$13,368
$13,368
Increase funds to restore a portion of operating expenses
$0
$0
that have been reduced in prior years as a result of
budget reductions. (H:No)
Increase funds to restore three furlough days remaining in the base budget.
$18,051
$18,051
Reduce funds to reflect personal services savings.
($18,051)
($18,051)
Amount appropriated in this Act
$2,550,051
$2,637,051
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
$63,731,886
1223
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JOURNAL OF THE HOUSE
Other Funds
$15,000
Other Funds - Not Specifically Identified
$15,000
State Funds
$63,716,886
State General Funds
$63,716,886
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$61,055,137
$61,070,137
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$234,456
$234,456
Increase funds to reflect an adjustment in the employer share of the Judicial Retirement System.
$1,315,678
$1,315,678
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$113,429
$113,429
Reflect an adjustment in Teamworks billings.
$12,004
$12,004
Increase funds for a judicial salary increase. (H:Provide a salary supplement to judges receiving a county supplement of less than $25,000.)
$415,453
$415,453
Increase funds for personal services for a step increase for the 22 secretaries who missed their step increase between January 1, 2012 and June 30, 2012.
$176,972
$176,972
Increase funds for personal services for two law clerk
$0
$0
positions eliminated in prior years due to budget
reductions. (H:No)
Increase funds for the creation of one additional judgeship in the Western Circuit effective July 1, 2015. (H:Increase funds for the creation of one additional judgeship in the Western Circuit effective April 1, 2016.)
$93,147
$93,147
Increase funds to annualize the cost of the two new judgeships in the Coweta and Waycross circuits created in HB 744 (2014 Session).
$361,110
$361,110
Increase funds to restore 1.5 furlough days remaining in the base budget.
$84,279
$84,279
Reduce funds for the initial equipment set-up for the Chattahoochee and Oconee judgeships created in HB 451 (2013 Session).
($60,500)
($60,500)
Reduce funds to reflect personal services savings.
($84,279)
($84,279)
Amount appropriated in this Act
$63,716,886
$63,731,886
Section 10: Supreme Court Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds
$12,217,613 $1,859,823 $1,859,823 $10,357,790 $10,357,790
THURSDAY, FEBRUARY 26, 2015
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
$12,217,613
Other Funds
$1,859,823
Other Funds - Not Specifically Identified
$1,859,823
State Funds
$10,357,790
State General Funds
$10,357,790
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$10,248,025
$12,107,848
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$106,140
$106,140
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$58,497
$58,497
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$4,634
$4,634
Reflect an adjustment in Teamworks billings.
$3,779
$3,779
Increase funds for a $10,000 salary enhancement to Supreme Court Justices' salaries. (H:Increase funds for a $12,000 salary enhancement to Supreme Court Justices' salaries. )
$161,414
$161,414
Increase funds for a $15,000 salary enhancement to
$0
$0
match the Superior Court Judges' salary request. (H:No)
Increase funds for personal services for one case management position. (H:No)
$0
$0
Increase funds for TriVir annual maintenance cost, starting July 1, 2015, for trial court records.
$20,000
$20,000
Increase funds paid to the Department of Public Safety for a trooper to provide security.
$33,219
$33,219
Increase funds to annualize additional yearly costs for a new network.
$37,200
$37,200
Increase funds to annualize additional yearly costs for the Reporters' Office - LexisNexis publication.
$1,665
$1,665
Increase funds to annualize additional yearly costs for TriVir e-filing and maintenance.
$6,000
$6,000
Increase funds to annualize additional yearly costs for WestLaw research contract fees.
$1,440
$1,440
Reduce funds for a one-time purchase of computer
($306,785)
($306,785)
1225
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JOURNAL OF THE HOUSE
software. Reduce funds used to digitize records. Amount appropriated in this Act
($17,438) $10,357,790
($17,438) $12,217,613
Section 11: Accounting Office, State Total Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments
$25,528,826 $6,728,934 $6,728,934 $18,799,892 $18,799,892
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
$22,617,097
State Funds
$3,817,205
State General Funds
$3,817,205
Intra-State Government Transfers
$18,799,892
Other Intra-State Government Payments
$18,799,892
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$3,743,499
$20,885,868
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$42,380
$42,380
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$27,540
$27,540
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$3,786
$3,786
Increase billings for TeamWorks to reflect statewide adjustments.
$0
$1,657,523
Amount appropriated in this Act
$3,817,205
$22,617,097
The following appropriations are for agencies attached for administrative purposes.
THURSDAY, FEBRUARY 26, 2015
11.2. 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
$2,224,757
State Funds
$2,224,757
State General Funds
$2,224,757
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,350,262
$1,350,262
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$9,552
$9,552
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$6,832
$6,832
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$458,946
$458,946
Increase funds for four attorney positions and four investigator positions to expedite complaint resolutions. (H:Increase funds for two attorney positions and two auditor positions.)
$355,665
$355,665
Increase funds to provide e-Fax capabilities to local filers as required by HB 143 (2014 Session).
$43,500
$43,500
Amount appropriated in this Act
$2,224,757
$2,224,757
11.3. Georgia State Board of Accountancy
Purpose: The purpose of this appropriation is to protect public financial,
fiscal, and economic interests by licensing certified public accountants and
public accountancy firms; regulating public accountancy practices; and
investigating complaints and taking appropriate legal and disciplinary actions
when warranted.
Total Funds
$686,972
State Funds
$686,972
State General Funds
$686,972
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as
$0
$0
amended
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$3,835
$3,835
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$2,215
$2,215
1227
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JOURNAL OF THE HOUSE
Reflect a change in the program purpose statement. (H:Yes) Provide funds for Board operations.
Amount appropriated in this Act
$0
$680,922 $686,972
$0
$680,922 $686,972
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
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.
$200,010,906 $24,616,523 $16,356,239 $8,260,284 $4,956,583 $4,956,583
$170,437,800 $8,680,402
$161,757,398
12.2. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support to all department programs.
Total Funds
$5,765,733
Other Funds
$5,765,733
Other Funds - Not Specifically Identified
$5,765,733
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
$1,029,374
Other Funds
$1,029,374
Other Funds - Not Specifically Identified
$1,029,374
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.
THURSDAY, FEBRUARY 26, 2015
Total Funds Intra-State Government Transfers
Other Intra-State Government Payments
$8,680,402 $8,680,402 $8,680,402
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
$162,757,398
State Funds
$1,000,000
State General Funds
$1,000,000
Intra-State Government Transfers
$161,757,398
Self Insurance Trust Fund Payments
$161,757,398
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
$10,912,634
Other Funds
$10,912,634
Agency Funds
$10,912,634
12.7. Surplus Property
Purpose: The purpose of this appropriation is to reduce cost through maximization of the useful life of state-owned equipment and redistribution of property to state and local governments, qualifying non-profits, and to the public through auction.
Total Funds
$1,465,177
Other Funds
$1,465,177
Other Funds - Not Specifically Identified
$1,465,177
The following appropriations are for agencies attached for administrative purposes.
1229
1230
JOURNAL OF THE HOUSE
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
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
$4,374,825
Other Funds
$1,300,805
Agency Funds
$1,300,805
State Funds
$3,074,020
State General Funds
$3,074,020
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$2,999,747
$4,300,552
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$46,722
$46,722
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$19,547
$19,547
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$8,004
$8,004
Amount appropriated in this Act
$3,074,020
$4,374,825
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
$4,142,800
Other Funds
$4,142,800
Agency Funds
$4,142,800
12.11. Payments to Georgia Aviation Authority Purpose: The purpose of this appropriation is to provide oversight and
THURSDAY, FEBRUARY 26, 2015
efficient operation of state aircraft and aviation operations to ensure the safety
of state air travelers and aviation property.
Total Funds
$843,057
State Funds
$843,057
State General Funds
$843,057
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$838,860
$838,860
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$3,894
$3,894
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$1,792
$1,792
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($1,489)
($1,489)
Amount appropriated in this Act
$843,057
$843,057
1231
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
$55,130,750 $7,196,157 $7,196,157 $1,826,353 $1,826,353 $46,108,240 $46,108,240
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
$2,996,556
State Funds
$2,996,556
State General Funds
$2,996,556
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$2,910,273
$2,910,273
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$20,115
$20,115
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JOURNAL OF THE HOUSE
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Increase funds for the employer share of health insurance ($29,820) and retiree health benefits ($17,448).
Amount appropriated in this Act
$18,900 $47,268 $2,996,556
$18,900 $47,268 $2,996,556
13.2. Consumer Protection
Purpose: The purpose of this appropriation is to provide for public health and
safety by monitoring, inspecting and regulating the cultivation, processing, and
production of livestock, meat, poultry, and other food products; by inspecting
establishments that sell food for offsite consumption, food warehouses,
wholesale and mobile meat and seafood vendors, dairy farms, and food banks;
by certifying organic products, shellfish, and bottled water; by monitoring,
inspecting, and regulating the companion animal, bird, and equine industries
(including reports of abuse by private owners); by monitoring, inspecting, and
regulating the plant and apiary industries including performing phytosanitary
inspections; by monitoring, inspecting, and regulating the pesticide and wood
treatment industries; and by monitoring, inspecting, and regulating animal
feed, pet food, and grains. The purpose of this appropriation is also to ensure
accurate commercial transactions by monitoring, inspecting, and regulating
weights and measures and fuel sales.
Total Funds
$33,424,483
Federal Funds and Grants
$6,837,012
Federal Funds Not Specifically Identified
$6,837,012
Other Funds
$225,000
Other Funds - Not Specifically Identified
$225,000
State Funds
$26,362,471
State General Funds
$26,362,471
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$25,458,597
$32,520,609
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$326,036
$326,036
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$157,962
$157,962
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($52,093)
($52,093)
Reflect an adjustment in Teamworks billings.
$969
$969
Increase funds for personal services to provide Consumer Protection inspector salary adjustments.
$260,000
$260,000
Provide funds for two manufactured food inspector positions and one seed scientist position.
$211,000
$211,000
THURSDAY, FEBRUARY 26, 2015
Amount appropriated in this Act
$26,362,471
$33,424,483
13.3. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support for all programs of the department.
Total Funds
$4,616,627
State Funds
$4,616,627
State General Funds
$4,616,627
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$4,524,816
$4,524,816
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$68,118
$68,118
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$30,565
$30,565
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($7,016)
($7,016)
Reflect an adjustment in Teamworks billings.
$144
$144
Amount appropriated in this Act
$4,616,627
$4,616,627
13.4. Marketing and Promotion
Purpose: The purpose of this appropriation is to manage the state's farmers
markets, to promote Georgia's agricultural products domestically and
internationally, to administer relevant certification marks, to provide poultry
and livestock commodity data, to administer surety bonds, to provide
information to the public, and to publish the Market Bulletin.
Total Funds
$6,303,107
Other Funds
$411,171
Other Funds - Not Specifically Identified
$411,171
State Funds
$5,891,936
State General Funds
$5,891,936
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$5,825,232
$6,236,403
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$44,189
$44,189
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$30,087
$30,087
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($7,720)
($7,720)
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Reflect an adjustment in Teamworks billings. Amount appropriated in this Act
$148 $5,891,936
$148 $6,303,107
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
$2,830,399
State Funds
$2,830,399
State General Funds
$2,830,399
13.6. Soil and Water Conservation
Purpose: The purpose of this appropriation is to protect, conserve and improve
the soil and water resources of the State of Georgia by increasing the
uniformity and efficiency of agricultural water irrigation systems, by providing
grants to encourage the reduction of erosion and other non-point source
pollution from agricultural lands, by providing technical assistance and
teaching best management practices on erosion and sedimentation control to
landowners and local governments, and by certifying erosion and
sedimentation control personnel.
Total Funds
$0
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as
$0
$0
amended
Increase funds to reflect an adjustment in the employer
$0
$0
share of the Employees' Retirement System. (H:No)
Provide funds for merit-based pay adjustments and
$0
$0
employee recruitment and retention initiatives effective
July 1, 2015. (H:No)
Reflect an adjustment to agency premiums for
$0
$0
Department of Administrative Services administered
self insurance programs. (H:No)
Reflect an adjustment in Teamworks billings. (H:No)
$0
$0
Transfer funds and 51 positions for the Commission
$0
$0
Administration, Conservation of Agricultural Water
Supplies, and Conservation of Soil and Water Resources
programs from the Soil and Water Conservation
Commission to consolidate soil and water conservation
activities. (H:No)
Amount appropriated in this Act
$0
$0
The following appropriations are for agencies attached for administrative purposes.
THURSDAY, FEBRUARY 26, 2015
13.7. 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
$973,518
State Funds
$973,518
State General Funds
$973,518
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$966,277
$966,277
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$7,241
$7,241
Amount appropriated in this Act
$973,518
$973,518
13.8. State Soil and Water Conservation 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
$438,295
State Funds
$438,295
State General Funds
$438,295
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as
$0
$0
amended
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$9,756
$9,756
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$4,820
$4,820
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$1,014
$1,014
Transfer funds and eight positions from the Soil and Water Conservation Commission.
$724,705
$724,705
Reduce personal services and transfer consolidation savings to the Conservation of Agricultural Water program ($46,206) and the Conservation of Soil and Water Resources program ($255,794) for increased regional conservation district allotments.
($302,000)
($302,000)
Amount appropriated in this Act
$438,295
$438,295
13.9. State Soil and Water Conservation Commission: Conservation of Agricultural Water
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
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JOURNAL OF THE HOUSE
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
$1,674,158
Federal Funds and Grants
$192,737
Federal Funds Not Specifically Identified
$192,737
Other Funds
$1,190,182
Other Funds - Not Specifically Identified
$1,190,182
State Funds
$291,239
State General Funds
$291,239
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as
$0
$0
amended
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$3,049
$3,049
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$1,459
$1,459
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$317
$317
Transfer funds and ten positions from the Soil and Water Conservation Commission.
$240,208
$1,623,127
Utilize consolidation savings from Administration to increase allotments for soil and water regional conservation districts.
$46,206
$46,206
Amount appropriated in this Act
$291,239
$1,674,158
13.10. State Soil and Water Conservation Commission: 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
$1,873,607
Federal Funds and Grants
$166,408
Federal Funds Not Specifically Identified
$166,408
State Funds
$1,707,199
State General Funds
$1,707,199
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
THURSDAY, FEBRUARY 26, 2015
Amount from previous Appropriations Act (HB 744) as amended
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Transfer funds and 33 positions to the attached agency from the Soil and Water Conservation Commission.
Utilize consolidation savings from Administration to increase allotments for soil and water regional conservation districts.
Amount appropriated in this Act
State Funds $0
$17,684 $8,945
$1,839
$1,422,937 $255,794
$1,707,199
Total Funds $0
$17,684 $8,945
$1,839
$1,589,345 $255,794
$1,873,607
1237
Section 14: Banking and Finance, Department of Total Funds State Funds State General Funds
$11,903,731 $11,903,731 $11,903,731
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
$0
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$227,776
$227,776
Eliminate the Consumer Protection and Assistance program and transfer one position and funds to the Departmental Administration program.
($227,776)
($227,776)
Amount appropriated in this Act
$0
$0
14.2. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support to all department programs.
Total Funds
$2,320,653
State Funds
$2,320,653
State General Funds
$2,320,653
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
1238
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 744) as amended
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Reflect an adjustment in Teamworks billings. Transfer one position and funds from the Consumer Protection and Assistance program.
Amount appropriated in this Act
State Funds $2,047,883
$27,648 $14,397
($905)
$3,854 $227,776 $2,320,653
Total Funds $2,047,883
$27,648 $14,397
($905)
$3,854 $227,776 $2,320,653
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
$7,561,890
State Funds
$7,561,890
State General Funds
$7,561,890
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$7,409,357
$7,409,357
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$108,967
$108,967
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$48,817
$48,817
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($5,251)
($5,251)
Amount appropriated in this Act
$7,561,890
$7,561,890
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 provide efficient and flexible application, registrations, and notification procedures for non-depository financial institutions.
THURSDAY, FEBRUARY 26, 2015
Total Funds
$2,021,188
State Funds
$2,021,188
State General Funds
$2,021,188
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,984,043
$1,984,043
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$26,022
$26,022
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$12,512
$12,512
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($1,389)
($1,389)
Amount appropriated in this Act
$2,021,188
$2,021,188
1239
Section 15: Behavioral Health and Developmental Disabilities, Department of
Total Funds Federal Funds and Grants
Community Mental Health Services Block Grant (CFDA 93.958) Medical Assistance Program (CFDA 93.778) Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959) Social Services Block Grant (CFDA 93.667) Temporary Assistance for Needy Families Block Grant (CFDA 93.558) 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
$1,165,264,580 $145,660,990 $14,163,709 $25,697,365 $47,482,075 $40,481,142 $12,096,720 $5,739,979 $29,487,043 $24,332,036 $5,155,007 $987,696,837 $977,441,699 $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, have a chemical dependency and who need assistance for compulsive gambling.
Total Funds
$90,047,208
Federal Funds and Grants
$44,404,231
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JOURNAL OF THE HOUSE
Medical Assistance Program (CFDA 93.778)
$200,000
Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959)
$29,607,511
Social Services Block Grant (CFDA 93.667)
$2,500,000
Temporary Assistance for Needy Families Block Grant $12,096,720
(CFDA 93.558)
Other Funds
$435,203
Agency Funds
$434,903
Other Funds - Not Specifically Identified
$300
State Funds
$45,207,774
State General Funds
$45,207,774
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$44,653,249
$89,492,683
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$114,531
$114,531
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$415,784
$415,784
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$24,210
$24,210
Amount appropriated in this Act
$45,207,774
$90,047,208
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
$341,520,713
Federal Funds and Grants
$42,980,753
Medical Assistance Program (CFDA 93.778)
$12,336,582
Social Services Block Grant (CFDA 93.667)
$30,644,171
Other Funds
$12,960,000
Agency Funds
$12,960,000
State Funds
$285,579,960
State General Funds
$275,324,822
Tobacco Settlement Funds
$10,255,138
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $277,612,176 amended
$333,552,929
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$1,281,247
$1,281,247
THURSDAY, FEBRUARY 26, 2015
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Annualize the cost of 250 FY 2015 New Options Waiver (NOW) and Comprehensive Supports Waiver Program (COMP) slots for the developmentally disabled to meet the requirements of the Department of Justice (DOJ) Settlement Agreement.
Provide funds for the establishment of intensive support coordination services for the NOW/COMP waiver program.
Reduce funds to reflect an increase in the Federal Medical Assistance Percentage (FMAP) from 66.69% to 67.40%.
Increase funds for 75 additional slots for the New Options Waiver (NOW) and the Comprehensive Supports Waiver Program (COMP).
Utilize existing funds for deaf appropriate services. (H:Yes)
Amount appropriated in this Act
$572,819 ($139,693) $6,927,540
$3,189,659 ($4,988,014) $1,124,226
$0 $285,579,960
$572,819 ($139,693) $6,927,540
$3,189,659 ($4,988,014) $1,124,226
$0 $341,520,713
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
$91,126,573
Other Funds
$26,500
Other Funds - Not Specifically Identified
$26,500
State Funds
$91,100,073
State General Funds
$91,100,073
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$88,703,914
$88,730,414
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$817,756
$817,756
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$528,754
$528,754
Provide funds for personal services adjustments for health services technicians and forensic services technicians.
$1,049,649
$1,049,649
Amount appropriated in this Act
$91,100,073
$91,126,573
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JOURNAL OF THE HOUSE
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
$365,796,576
Federal Funds and Grants
$11,858,953
Community Mental Health Services Block Grant (CFDA
93.958)
$6,726,178
Medical Assistance Program (CFDA 93.778)
$2,070,420
Federal Funds Not Specifically Identified
$3,062,355
Other Funds
$2,220,095
Agency Funds
$1,130,000
Other Funds - Not Specifically Identified
$1,090,095
State Funds
$351,717,528
State General Funds
$351,717,528
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $346,102,519 amended
$360,181,567
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$1,078,419
$1,078,419
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$1,579,464
$1,579,464
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$48,313
$48,313
Annualize the cost of three behavioral health crisis centers (BHCC) to meet the requirements of the DOJ Settlement Agreement.
$2,313,015
$2,313,015
Reduce funds to reflect an increase in the Federal Medical Assistance Percentage (FMAP) from 66.69% to 67.40%.
($791,202)
($791,202)
Increase funds for eight inpatient Crisis Stabilization Unit beds in Fulton County.
$1,387,000
$1,387,000
Utilize existing funds for deaf appropriate services. (H:Yes)
$0
$0
Utilize existing funds for community-based crisis stabilization and inpatient hospital beds in Metro Atlanta. (H:Yes)
$0
$0
Amount appropriated in this Act
$351,717,528
$365,796,576
15.5. 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
$11,395,622
THURSDAY, FEBRUARY 26, 2015
Federal Funds and Grants
$8,114,223
Medical Assistance Program (CFDA 93.778)
$236,074
Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959)
$7,878,149
State Funds
$3,281,399
State General Funds
$3,281,399
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$3,277,358
$11,391,581
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$4,041
$4,041
Amount appropriated in this Act
$3,281,399
$11,395,622
15.6. Child and Adolescent Developmental Disabilities
Purpose: 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 Funds
$12,429,375
Federal Funds and Grants
$3,588,692
Medical Assistance Program (CFDA 93.778)
$3,588,692
State Funds
$8,840,683
State General Funds
$8,840,683
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$8,822,918
$12,411,610
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$6,945
$6,945
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$10,820
$10,820
Amount appropriated in this Act
$8,840,683
$12,429,375
15.7. 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
$5,230,226
State Funds
$5,230,226
State General Funds
$5,230,226
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
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JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 744) as amended
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Amount appropriated in this Act
State Funds $5,193,233
$23,550 $13,443
$5,230,226
Total Funds $5,193,233
$23,550 $13,443
$5,230,226
15.8. 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
$62,336,939
Federal Funds and Grants
$10,324,515
Community Mental Health Services Block Grant (CFDA
93.958)
$7,437,531
Medical Assistance Program (CFDA 93.778)
$2,886,984
Other Funds
$2,669,781
Agency Funds
$85,000
Other Funds - Not Specifically Identified
$2,584,781
State Funds
$49,342,643
State General Funds
$49,342,643
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$49,231,759
$62,226,055
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$75,594
$75,594
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$35,290
$35,290
Amount appropriated in this Act
$49,342,643
$62,336,939
15.9. 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
$49,123,622
Federal Funds and Grants
$11,715,584
Medical Assistance Program (CFDA 93.778)
$4,378,613
Social Services Block Grant (CFDA 93.667)
$7,336,971
Other Funds
$22,133
Agency Funds
$22,133
THURSDAY, FEBRUARY 26, 2015
State Funds
$37,385,905
State General Funds
$37,385,905
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$37,183,252
$48,920,969
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$212,306
$212,306
Provide funds for merit-based pay adjustments and
$172,581
$172,581
employee recruitment and retention initiatives effective
July 1, 2015.
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$87,199
$87,199
Reflect an adjustment in Teamworks billings.
$9,721
$9,721
Transfer funds and two positions to the Governor's Office for the Disability Services Ombudsman to promote the safety, well-being, and rights of consumers.
($279,154)
($279,154)
Amount appropriated in this Act
$37,385,905
$49,123,622
15.10. Direct Care Support Services
Purpose: The purpose of this appropriation is to operate five state-owned and
operated hospitals.
Total Funds
$122,431,565
Other Funds
$11,153,331
Agency Funds
$9,700,000
Other Funds - Not Specifically Identified
$1,453,331
State Funds
$108,858,524
State General Funds
$108,858,524
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 appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $106,913,512 amended
$120,486,553
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$1,204,130
$1,204,130
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$740,882
$740,882
Amount appropriated in this Act
$108,858,524
$122,431,565
15.11. Substance Abuse Prevention
Purpose: The purpose of this appropriation is to promote the health and wellbeing of children, youth, families and communities through preventing the use and/or abuse of alcohol, tobacco and drugs.
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JOURNAL OF THE HOUSE
Total Funds
$10,231,003
Federal Funds and Grants
$9,996,415
Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959)
$9,996,415
State Funds
$234,588
State General Funds
$234,588
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$234,128
$10,230,543
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$267
$267
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$193
$193
Amount appropriated in this Act
$234,588
$10,231,003
The following appropriations are for agencies attached for administrative purposes.
15.12. 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
$2,921,777
Federal Funds and Grants
$2,677,624
Federal Funds Not Specifically Identified
$2,677,624
State Funds
$244,153
State General Funds
$244,153
15.13. 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
$673,381
State Funds
$673,381
State General Funds
$673,381
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$661,254
$661,254
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$8,643
$8,643
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective
$3,484
$3,484
THURSDAY, FEBRUARY 26, 2015
July 1, 2015. Amount appropriated in this Act
$673,381
$673,381
1247
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
$250,371,476 $172,892,464 $172,892,464
$13,180,869 $55,284
$13,125,585 $64,298,143 $64,298,143
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
$579,886
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
$246,966
State General Funds
$246,966
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$240,794
$573,714
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$4,103
$4,103
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$1,938
$1,938
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$131
$131
Amount appropriated in this Act
$246,966
$579,886
16.2. Coordinated Planning Purpose: The purpose of this appropriation is to ensure that county and city
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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
$3,875,610
Other Funds
$126,906
Other Funds - Not Specifically Identified
$126,906
State Funds
$3,748,704
State General Funds
$3,748,704
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$3,672,181
$3,799,087
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$17,013
$17,013
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$8,944
$8,944
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$566
$566
Increase funds for environmental program activities.
$50,000
$50,000
Amount appropriated in this Act
$3,748,704
$3,875,610
16.3. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support for all programs of the department.
Total Funds
$6,564,264
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
$1,123,583
State General Funds
$1,123,583
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,116,849
$6,557,530
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$2,183
$2,183
THURSDAY, FEBRUARY 26, 2015
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. Reflect an adjustment in Teamworks billings.
Amount appropriated in this Act
$862
$3,689 $1,123,583
$862
$3,689 $6,564,264
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
$54,183,001
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
$1,604,758
State General Funds
$1,604,758
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,574,507
$54,152,750
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$19,410
$19,410
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$10,121
$10,121
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$720
$720
Amount appropriated in this Act
$1,604,758
$54,183,001
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
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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
$1,351,941
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
$1,055,291
State General Funds
$1,055,291
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,032,544
$1,329,194
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$15,179
$15,179
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$7,175
$7,175
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$393
$393
Amount appropriated in this Act
$1,055,291
$1,351,941
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
THURSDAY, FEBRUARY 26, 2015
financial and management data from local governments and authorities in
accordance with Georgia law.
Total Funds
$396,775
State Funds
$396,775
State General Funds
$396,775
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$388,430
$388,430
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$5,441
$5,441
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$2,730
$2,730
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$174
$174
Amount appropriated in this Act
$396,775
$396,775
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
$819,509
Other Funds
$55,284
Agency Funds
$55,284
State Funds
$764,225
State General Funds
$764,225
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
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JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 744) as amended
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Amount appropriated in this Act
State Funds $750,313 $9,564 $4,086
$262
$764,225
Total Funds $805,597 $9,564 $4,086
$262
$819,509
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
$21,427,740
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
$21,092,153
State General Funds
$21,092,153
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$21,089,109
$21,424,696
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$2,381
$2,381
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$554
$554
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$109
$109
Amount appropriated in this Act
$21,092,153
$21,427,740
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
$848,495
State Funds
$848,495
THURSDAY, FEBRUARY 26, 2015
State General Funds
$848,495
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$348,495
$348,495
Provide funds for the Metropolitan North Georgia Water
$500,000
$500,000
Planning District.
Amount appropriated in this Act
$848,495
$848,495
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
$10,454,301
State Funds
$10,454,301
State General Funds
$10,454,301
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$11,252,839
$11,252,839
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$48,264
$48,264
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$26,206
$26,206
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($837)
($837)
Reflect an adjustment in Teamworks billings.
$201
$201
Reduce funds to meet projected expenditures.
($872,372)
($872,372)
Amount appropriated in this Act
$10,454,301
$10,454,301
16.14. Payments to OneGeorgia Authority
Purpose: The purpose of this appropriation is to provide funds for the OneGeorgia Authority.
Total Funds
$20,178,902
Other Funds
$178,902
Other Funds - Not Specifically Identified
$178,902
State Funds
$20,000,000
State General Funds
$20,000,000
1253
Section 17: Community Health, Department of Total Funds
$13,678,109,930
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Federal Funds and Grants Medical Assistance Program (CFDA 93.778) State Children's Insurance Program (CFDA 93.767) Federal Funds Not Specifically Identified
Other Funds Agency Funds Indigent Care Trust Fund - Public Hospital Authorities Other Funds - Not Specifically Identified
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
$6,919,616,389 $6,467,392,010
$425,580,978 $26,643,401
$222,456,347 $77,971,304
$139,386,524 $5,098,519
$3,035,257,233 $272,255,461 $167,969,114
$2,485,064,401 $109,968,257
$3,500,779,961 $3,219,922,699
$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
$387,450,938
Federal Funds and Grants
$296,140,528
Medical Assistance Program (CFDA 93.778)
$267,962,627
State Children's Insurance Program (CFDA 93.767)
$26,256,668
Federal Funds Not Specifically Identified
$1,921,233
Other Funds
$4,798,519
Other Funds - Not Specifically Identified
$4,798,519
State Funds
$65,200,306
State General Funds
$65,200,306
Intra-State Government Transfers
$21,311,585
Health Insurance Payments
$21,311,585
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$66,857,380
$389,108,012
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$195,109
$195,109
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$101,581
$101,581
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$8,883
$8,883
Reflect an adjustment in Teamworks billings.
$37,378
$37,378
THURSDAY, FEBRUARY 26, 2015
Reduce funds for operations. (H:No) Eliminate funds for a consulting contract. Reduce funds. Amount appropriated in this Act
$0 ($2,000,000)
($25) $65,200,306
$0 ($2,000,000)
($25) $387,450,938
17.2. Georgia Board of Dentistry
Purpose: The purpose of this appropriation is to protect public health by
licensing qualified applicants as dentists and dental hygienists, regulating the practice of dentistry, investigating complaints, and taking appropriate
disciplinary action when warranted.
Total Funds
$812,629
State Funds
$812,629
State General Funds
$812,629
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$802,970
$802,970
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$5,669
$5,669
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$3,732
$3,732
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$258
$258
Reduce funds for operations. (H:No)
$0
$0
Amount appropriated in this Act
$812,629
$812,629
17.3. Georgia State Board of Pharmacy
Purpose: The purpose of this appropriation is to protect public health by
licensing qualified pharmacists and pharmacies, regulating the practice of
pharmacy, investigating complaints, and taking appropriate disciplinary
actions when warranted.
Total Funds
$750,826
State Funds
$750,826
State General Funds
$750,826
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$744,573
$744,573
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$2,284
$2,284
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$3,865
$3,865
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Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Reduce funds for operations. (H:No)
Amount appropriated in this Act
$104
$0 $750,826
$104
$0 $750,826
17.4. Health Care Access and Improvement
Purpose: The purpose of this appropriation is to provide grants and other
support services for programs that seek to improve health access and outcomes
in rural and underserved areas of Georgia through the State Office of Rural
Health, the various commissions of the Office of Health Improvement, and the
Office of Health Information Technology and Transparency.
Total Funds
$26,609,483
Federal Funds and Grants
$16,446,551
Medical Assistance Program (CFDA 93.778)
$416,250
Federal Funds Not Specifically Identified
$16,030,301
State Funds
$10,162,932
State General Funds
$10,162,932
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$7,877,990
$24,324,541
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$18,620
$18,620
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$15,474
$15,474
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$848
$848
Eliminate one-time start-up funds for Federally Qualified Health Centers.
($1,000,000)
($1,000,000)
Provide funds for one Federally Qualified Health Center community start-up grant (Wheeler County).
$250,000
$250,000
Provide funds for the Rural Hospital Stabilization Committee's grants to critical access hospitals and other rural health care providers.
$3,000,000
$3,000,000
Amount appropriated in this Act
$10,162,932
$26,609,483
17.5. Healthcare Facility Regulation
Purpose: The purpose of this appropriation is to inspect and license long term
care and health care facilities.
Total Funds
$20,667,414
Federal Funds and Grants
$9,638,318
Medical Assistance Program (CFDA 93.778)
$3,733,665
Federal Funds Not Specifically Identified
$5,904,653
THURSDAY, FEBRUARY 26, 2015
Other Funds
$100,000
Agency Funds
$100,000
State Funds
$10,929,096
State General Funds
$10,929,096
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$7,475,244
$16,802,640
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$96,187
$96,187
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$46,703
$46,703
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$4,379
$4,379
Replace the loss of federal funds resulting from updates to the cost allocation plan.
$2,895,661
$2,895,661
Increase funds for eight additional nurse surveyors.
$410,922
$821,844
Amount appropriated in this Act
$10,929,096
$20,667,414
17.6. 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
$399,662,493
Federal Funds and Grants
$257,075,969
Medical Assistance Program (CFDA 93.778)
$257,075,969
Other Funds
$142,586,524
Agency Funds
$3,200,000
Indigent Care Trust Fund - Public Hospital Authorities $139,386,524
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$0
$398,662,493
Increase funds in the Ambulance Licensing Fee activity to reflect actual funds available.
$0
$1,000,000
Convene a task force of state legislators, Georgia
$0
$0
hospital representatives, Governor's Office
representatives, and the Commissioner of the
Department of Community Health to develop and
submit a plan to the General Assembly by August 1,
2015 to continue supporting uncompensated hospital
care for poor and uninsured Georgians once the federal
Disproportionate Share Hospital (DSH) funds have been
reduced. (H:Yes)
Amount appropriated in this Act
$0
$399,662,493
1257
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JOURNAL OF THE HOUSE
17.7. 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
$5,247,506,356
Federal Funds and Grants
$3,337,063,344
Medical Assistance Program (CFDA 93.778)
$3,334,276,130
Federal Funds Not Specifically Identified
$2,787,214
Other Funds
$62,342,988
Agency Funds
$62,342,988
State Funds
$1,580,811,392
Hospital Provider Payment
$28,620,148
Nursing Home Provider Fees
$167,969,114
State General Funds
$1,384,222,130
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 appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $1,593,729,697 amended
$5,179,925,269
Increase funds for changes in rate calculations for nursing facility operator changes that occur after January 1, 2012, as directed by HB 744 (2014 Session).
$8,749,685
$26,839,525
Increase funds for growth in Medicaid based on projected need.
$3,607,849
$10,831,130
Increase funds to reflect projected FY 2015 Nursing Home Provider Fee revenue.
$212,713
$652,494
Reduce funds to reflect an increase in the Federal
($34,051,657)
$0
Medical Assistance Percentage (FMAP) from 66.69% to
67.40%.
Restore funds for unachievable savings from hospital costs settlements.
$2,583,000
$7,923,313
Restore funds for unachievable savings from the implementation of case management in the ABD program.
$4,150,677
$12,732,138
Restore funds for unachievable savings from the implementation of the Public Assistance Reporting Information System (PARIS).
$500,000
$1,533,742
Utilize enhanced federal participation rate to increase Medicaid reimbursement rates for personal support services by 5% in the Independent Care Waiver Program (ICWP).
$0
$2,991,117
Provide coverage of skilled nursing services in the
$0
$0
Independent Care Waiver Program (ICWP) for
individuals with severe physical disabilities who were
THURSDAY, FEBRUARY 26, 2015
previously receiving this service through the Georgia Pediatric Program (GAPP) waiver. (H:Yes) Increase funds for new Hepatitis C drugs. (H:Yes; Utilize existing funds for new Hepatitis C drugs.)
Increase funds to provide one-time start-up costs of a voluntary case management program intended to improve the health outcomes of members. (H:No)
Increase funds to provide a $.50 per hour rate increase for Personal Support Services covered under the Independent Care Waiver Program (ICWP).
Amount appropriated in this Act
$0 $0 $1,329,428 $1,580,811,392
$0 $0 $4,077,628 $5,247,506,356
17.8. Medicaid: Low-Income Medicaid
Purpose: The purpose of this appropriation is to provide healthcare access primarily to low-income individuals.
Total Funds
$3,903,927,811
Federal Funds and Grants
$2,602,667,238
Medical Assistance Program (CFDA 93.778)
$2,602,667,238
Other Funds
$12,328,316
Agency Funds
$12,328,316
State Funds
$1,275,515,410
Hospital Provider Payment
$241,808,093
State General Funds
$923,739,060
Tobacco Settlement Funds
$109,968,257
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 appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $1,241,617,401 amended
$3,638,756,114
Increase funds for growth in Medicaid based on projected need.
$24,154,611
$72,514,591
Increase funds for the increased percentage of Medicaid-eligible individuals enrolling due to the PPACA (also known as the "Woodwork Effect").
$2,844,224
$8,538,649
Increase funds to account for increased enrollment caused by the Patient Protection and Affordable Care Act (PPACA) requirement that hospitals be allowed to determine presumptive eligibility for low-income Medicaid eligibility groups.
$15,194,943
$46,610,255
Increase funds to account for the continued implementation of 12-month eligibility reviews as required by PPACA.
$37,858,099
$116,129,138
Reduce funds to eliminate one-time funds for foster care run-out claims.
($4,800,000)
($14,410,087)
1259
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JOURNAL OF THE HOUSE
Reduce funds to eliminate one-time funds for the increase in state premium tax liability caused by the primary care provider (PCP) rate increase required by the PPACA.
($1,100,000)
Reduce funds to reflect an increase in the enhanced Federal Medical Assistance Percentage (eFMAP) from 76.68% to 94.22% for children ages 6 to 19 with household incomes between 100% and 138% of the federal poverty line (FPL) who were moved from the PeachCare for Kids program to the Low Income Medicaid (LIM) program as of January 1, 2014, as required by the PPACA.
($18,943,200)
Replace tobacco settlement funds that were transferred to the Georgia Center for Oncology Research and Education (CORE) in HB 744 (2014 Session) with state funds.
$225,000
Restore funds for unachievable savings from hospital costs settlements.
$1,764,000
Restore funds for unachievable savings from the implementation of the PARIS system.
$327,030
Transfer funds to the Georgia Board for Physician Workforce Morehouse School of Medicine Grant program to increase the operating grant for medical education.
($8,038,227)
Increase funds to reflect projected FY 2016 Hospital Provider Payment revenue.
$8,038,227
Reduce funds to reflect an increase in the Federal Medical Assistance Percentage (FMAP) from 66.69% to 67.40%.
($28,636,720)
Provide funds to increase reimbursement rates for select OB/GYN codes to the 2014 Medicare fee schedule.
$2,957,049
Increase funds to provide reimbursement for rotary wing air ambulance adult transports at the pediatric rate.
$500,000
Provide funds to increase reimbursement rates for select primary care codes.
$1,552,973
Amount appropriated in this Act
$1,275,515,410
($3,302,312)
$0
$690,184
$5,411,043 $1,003,160 ($8,038,227)
$24,657,138 $0
$9,070,702 $1,533,742 $4,763,721 $3,903,927,811
17.9. PeachCare
Purpose: The purpose of this appropriation is to provide health insurance
coverage for qualified low-income Georgia children.
Total Funds
$424,124,694
Federal Funds and Grants
$399,324,310
State Children's Insurance Program (CFDA 93.767)
$399,324,310
State Funds
$24,648,601
Hospital Provider Payment
$1,827,220
State General Funds
$22,821,381
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 appropriations act (as amended):
THURSDAY, FEBRUARY 26, 2015
Amount from previous Appropriations Act (HB 744) as amended
Increase funds for growth in PeachCare based on projected need. Reduce funds to reflect an increase in the enhanced Federal Medical Assistance Percentage (eFMAP) from 76.68% to 94.22%, as authorized by the Patient Protection and Affordable Care Act (PPACA).
Restore funds for unachievable savings from hospital costs settlements. Restore funds for unachievable savings from the implementation of the PARIS system.
Amount appropriated in this Act
State Funds $93,922,150
$5,328,287 ($74,650,629)
$39,505 $9,288
$24,648,601
Total Funds $400,431,950 $22,848,574
$0
$683,478 $160,692 $424,124,694
17.10. 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
$3,198,611,114
Intra-State Government Transfers
$3,198,611,114
Health Insurance Payments
$3,198,611,114
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$0 $3,151,661,641
Increase funds to account for limits imposed on cost sharing by the PPACA.
$0
$46,470,000
Increase funds to account for the projected increased enrollment due to the individual mandate and autoenrollment of new employees as required by the PPACA.
$0
$14,155,000
Increase funds to annualize the cost for providing coverage for hearing aids for children effective January 1, 2015.
$0
$853,980
Increase funds to annualize the cost of a pilot program to provide coverage for the treatment of autism spectrum disorders (ASDs) effective January 1, 2015.
$0
$2,410,661
Reduce funds due to a scheduled reduction in the Transitional Reinsurance Fee imposed by the Patient Protection and Affordable Care Act (PPACA).
$0
($4,924,000)
Reduce funds to reflect savings from removing copayments from health reimbursement arrangement (HRA) plans.
$0
($58,000,000)
Reduce funds to reflect updated projections for membership, medical services utilization, and medical trend changes.
$0 ($174,853,282)
1261
1262
JOURNAL OF THE HOUSE
Delay the implementation of the scheduled increase of the employer contribution rate for non-certificated school service employees from $596.20 per member per month to $746.20 per member per month, deferring the collection of an estimated $102,825,000 in revenue for the SHBP. (H:No; Implement the scheduled increase of the employer contribution rate for non-certificated school service employees from $596.20 to $746.20 per member per month.)
Effective January 1, 2016, eliminate SHBP coverage for non-certificated public school employees, as defined in O.C.G.A. 20-2-910, who work, on average, fewer than 30 hours per week. (H:No; Maintain SHBP coverage for non-certificated public school employees as defined in O.C.G.A. 20-2-910.)
Increase funds for members requiring treatment with the new Hepatitis C drugs. (H:Yes; Utilize existing funds for members requiring treatment with the new Hepatitis C drugs.)
Increase funds for reserves to fund future claims and Other Post-Employment Benefits (OPEB) liabilities. (H:Yes; Increase funds for reserves to fund future claims and Other Post-Employment Benefits (OPEB) liabilities. )
Increase funds to annualize the cost of the bariatric surgery pilot program effective January 1, 2015. (H:No; Annualize funds at the current level for the bariatric surgery pilot program.)
The State Health Benefit Plan shall adopt an emerging technology program allowing members to receive routine episodic care through a consumer oriented telemedicine vendor. (H:Yes)
Amount appropriated in this Act
$0
$102,825,000
$0
$0
$0
$0
$0
$115,012,114
$0
$3,000,000
$0
$0
$0 $3,198,611,114
The following appropriations are for agencies attached for administrative purposes.
17.11. Georgia Board for Physician Workforce: Board Administration
Purpose: The purpose of this appropriation is to provide administrative support to all agency programs.
Total Funds
$659,458
State Funds
$659,458
State General Funds
$659,458
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$695,782
$695,782
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$4,793
$4,793
THURSDAY, FEBRUARY 26, 2015
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Eliminate two vacant positions and transfer savings to the Georgia Board for Physician Workforce: Graduate Medical Education program for six new residency slots in primary care specialties. (H:Eliminate one vacant position and transfer savings to the Georgia Board for Physician Workforce: Graduate Medical Education program for six new residency slots in primary care specialties.)
Amount appropriated in this Act
$3,471 $218
($44,806)
$659,458
$3,471 $218
($44,806)
$659,458
17.12. 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
$11,083,869
Federal Funds and Grants
$1,260,131
Medical Assistance Program (CFDA 93.778)
$1,260,131
State Funds
$9,823,738
State General Funds
$9,823,738
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$8,905,464
$8,905,464
Increase funds for 11 new residency slots in primary care specialties.
$172,768
$172,768
Transfer savings from the Georgia Board for Physician Workforce: Board Administration program for six new residency slots in primary care specialties.
$96,006
$96,006
Transfer savings from the Georgia Board for Physician Workforce: Physicians for Rural Areas program for three new residency slots in primary care specialties.
$40,000
$40,000
Increase all Georgia Board for Physician Workforce capitation residency grants by $500 in state funds.
$609,500
$1,869,631
Amount appropriated in this Act
$9,823,738
$11,083,869
17.13. 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
$24,039,911
1263
1264
JOURNAL OF THE HOUSE
State Funds
$24,039,911
State General Funds
$24,039,911
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$22,769,911
$22,769,911
Increase funds to support clinical rotations at the rural health initiative.
$250,000
$250,000
Increase funds to support the expansion of the three-year $1,020,000
$1,020,000
Family Medicine Accelerated Track program.
Amount appropriated in this Act
$24,039,911
$24,039,911
17.14. 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 and affiliated hospitals 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
$23,971,870
State Funds
$23,971,870
State General Funds
$23,971,870
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$15,933,643
$15,933,643
Reflect a change in the program purpose statement. (H:Yes)
$0
$0
Transfer funds from the Low-Income Medicaid program to increase the operating grant for medical education.
$8,038,227
$8,038,227
Amount appropriated in this Act
$23,971,870
$23,971,870
17.15. 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
$1,410,000
State Funds
$1,410,000
State General Funds
$1,410,000
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,070,000
$1,070,000
Reduce funds for the medical recruitment fair and transfer savings to the Georgia Board for Physician Workforce: Graduate Medical Education program for
($40,000)
($40,000)
THURSDAY, FEBRUARY 26, 2015
three new residency slots. Realign program activities to provide additional Physician Rural Areas Assistance (PRAA) loan repayment awards. (H:Yes) Provide funds to reinstate a rural dentistry loan repayment program. Increase funds to support the expansion of the rural Family Medicine Accelerated Track program.
Amount appropriated in this Act
$0
$200,000 $180,000 $1,410,000
$0
$200,000 $180,000 $1,410,000
17.16. 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
$2,119,068
State Funds
$2,119,068
State General Funds
$2,119,068
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$2,087,250
$2,087,250
Increase funds to support five additional capitation awards for osteopathic medical students.
$31,818
$31,818
Amount appropriated in this Act
$2,119,068
$2,119,068
17.17. Georgia Composite Medical Board
Purpose: The purpose of this appropriation is to license qualified applicants as
physicians, physician's assistants, respiratory care professionals, perfusionists,
acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification
specialists. Also, investigate complaints and discipline those who violate the
Medical Practice Act or other laws governing the professional behavior of the
Board licensees.
Total Funds
$2,552,486
Other Funds
$300,000
Other Funds - Not Specifically Identified
$300,000
State Funds
$2,252,486
State General Funds
$2,252,486
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$2,189,014
$2,289,014
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$35,733
$35,733
1265
1266
JOURNAL OF THE HOUSE
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Increase funds for the Cosmetic Laser Services Act implementation.
Increase funds to reflect the collection of administrative fees.
Utilize savings from contractual services ($21,890) for the Cosmetic Laser Services Act implementation. (H:Yes)
Amount appropriated in this Act
$13,002 $1,627
$13,110 $0 $0
$2,252,486
$13,002 $1,627
$13,110 $200,000
$0 $2,552,486
17.18. 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
$2,149,510
State Funds
$2,149,510
State General Funds
$2,149,510
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,911,022
$1,911,022
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$27,018
$27,018
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$11,008
$11,008
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$1,230
$1,230
Reduce funds for operations. (H:No)
$0
$0
Provide funds to continue operation of the Georgia Prescription Drug Monitoring Program (PDMP).
$199,232
$199,232
Amount appropriated in this Act
$2,149,510
$2,149,510
Section 18: Corrections, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified
$1,206,657,463 $470,555 $470,555
$13,581,649 $13,581,649
THURSDAY, FEBRUARY 26, 2015
1267
State Funds State General Funds
$1,192,605,259 $1,192,605,259
18.1. 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
$50,000
State Funds
$50,000
State General Funds
$50,000
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$596,724
$596,724
Reduce funds to reflect projected expenditures.
($546,724)
($546,724)
Amount appropriated in this Act
$50,000
$50,000
18.2. 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
$39,637,253
Federal Funds and Grants
$70,555
Federal Funds Not Specifically Identified
$70,555
State Funds
$39,566,698
State General Funds
$39,566,698
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$37,424,074
$37,494,629
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$250,438
$250,438
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$170,767
$170,767
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$45,439
$45,439
Reflect an adjustment in Teamworks billings.
$5,090
$5,090
Increase funds ($830,185) and utilize existing State Criminal Alien Assistance Program funds ($5,167,584) for the Reentry Housing Program and other support services to enhance the Governor's Criminal Justice Reform initiative.
$830,815
$830,815
1268
JOURNAL OF THE HOUSE
Increase funds for five counselors, five community coordinators, one coordinator supervisor, and one housing coordinator to support the Governor's Office of Transition, Support, and Reentry's "citizen return" program.
Amount appropriated in this Act
$840,075 $39,566,698
$840,075 $39,637,253
18.3. 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
$30,678,990
Other Funds
$450,000
Other Funds - Not Specifically Identified
$450,000
State Funds
$30,228,990
State General Funds
$30,228,990
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$29,686,825
$30,136,825
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$328,638
$328,638
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$198,010
$198,010
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$8,838
$8,838
Reflect an adjustment in Teamworks billings.
$6,679
$6,679
Amount appropriated in this Act
$30,228,990
$30,678,990
18.4. Food and Farm Operations
Purpose: The purpose of this appropriation is to manage timber, raise crops
and livestock, and produce dairy items used in preparing meals for offenders.
Total Funds
$27,855,071
Federal Funds and Grants
$300,000
Federal Funds Not Specifically Identified
$300,000
State Funds
$27,555,071
State General Funds
$27,555,071
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$27,545,393
$27,845,393
THURSDAY, FEBRUARY 26, 2015
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Amount appropriated in this Act
$9,173 $505
$27,555,071
$9,173 $505
$27,855,071
18.5. 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
$201,900,326
Other Funds
$390,000
Other Funds - Not Specifically Identified
$390,000
State Funds
$201,510,326
State General Funds
$201,510,326
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $199,992,975 amended
$200,382,975
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$182,136
$182,136
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$666,495
$666,495
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$662,388
$662,388
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$2,630
$2,630
Reflect an adjustment in Teamworks billings.
$3,702
$3,702
Increase funds for inmates requiring treatment with the
$0
$0
new Hepatitis C drugs. (H:Yes; Utilize existing funds for
inmates requiring treatment with the new Hepatitis C
drugs.)
Utilize existing funds to implement electronic health
$0
$0
records. (H:Yes)
Amount appropriated in this Act
$201,510,326
$201,900,326
18.6. 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
$42,599,996
1269
1270
JOURNAL OF THE HOUSE
Other Funds
$30,000
Other Funds - Not Specifically Identified
$30,000
State Funds
$42,569,996
State General Funds
$42,569,996
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$42,491,807
$42,521,807
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$50,483
$50,483
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$25,591
$25,591
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$1,089
$1,089
Reflect an adjustment in Teamworks billings.
$1,026
$1,026
Amount appropriated in this Act
$42,569,996
$42,599,996
18.7. 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
$135,395,608
State Funds
$135,395,608
State General Funds
$135,395,608
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $134,908,024 amended
$134,908,024
Provide funds for a performance based contract with private prisons to implement diesel mechanics and welding vocational programs.
$2,000,000
$2,000,000
Reduce funds to reflect contract savings and transfer funds to the Probation Supervision program to meet projected expenditures.
($1,512,416)
($1,512,416)
Amount appropriated in this Act
$135,395,608
$135,395,608
18.8. Probation Supervision
Purpose: The purpose of this appropriation is to supervise probationers in Day Reporting Centers, the Savannah Impact Program, intensive or specialized probation, and field supervision, as well as support the Georgia Commission on Family Violence.
Total Funds
$113,357,756
Other Funds
$17,046
Other Funds - Not Specifically Identified
$17,046
THURSDAY, FEBRUARY 26, 2015
State Funds
$113,340,710
State General Funds
$113,340,710
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $108,210,676 amended
$108,227,722
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$1,262,087
$1,262,087
Provide funds for merit-based pay adjustments and
$703,641
$703,641
employee recruitment and retention initiatives effective
July 1, 2015.
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$26,253
$26,253
Reflect an adjustment in Teamworks billings.
$25,650
$25,650
Increase funds for operating expenses to meet projected expenditures.
$598,767
$598,767
Increase funds to implement GED Preparation Learning
$534,088
$534,088
Centers in Day Reporting Centers.
Increase funds to provide intensive supervision in
$467,132
$467,132
Albany, Atlanta, Augusta, Columbus, Macon, and Savannah as part of the Georgia Prison Reentry
Initiative.
Transfer funds from the Private Prisons program to meet projected expenditures.
$1,512,416
$1,512,416
Amount appropriated in this Act
$113,340,710
$113,357,756
18.9. 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
$585,222,050
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
$572,427,447
State General Funds
$572,427,447
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $538,699,137 amended
$551,493,740
1271
1272
JOURNAL OF THE HOUSE
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Reflect an adjustment in Teamworks billings.
Increase funds for 48 positions and operating expenses to provide educational enhancements to vocational and academic programs.
Increase funds for additional GED testing in state prisons.
Increase funds for diesel mechanics and welding vocational programs in state prisons.
Increase funds for four positions and operating expenses to create a charter high school for offenders at two locations.
Increase funds for six positions and operating expenses to create a GED fast track program.
Increase funds to create a close security position for security personnel to address recruitment and retention at close security and special mission prisons.
Increase funds to lengthen the Residential Substance Abuse Treatment program from six months to nine months and to expand to an additional facility.
Amount appropriated in this Act
$7,335,941 $3,349,465
$52,218
$149,092 $5,997,840
$256,000 $1,287,996
$481,839
$1,307,222 $12,058,092
$1,452,605
$572,427,447
$7,335,941 $3,349,465
$52,218
$149,092 $5,997,840
$256,000 $1,287,996
$481,839
$1,307,222 $12,058,092
$1,452,605
$585,222,050
18.10. 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
$29,960,413
State Funds
$29,960,413
State General Funds
$29,960,413
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$28,972,167
$28,972,167
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$488,997
$488,997
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$178,406
$178,406
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$5,948
$5,948
Reflect an adjustment in Teamworks billings.
$9,938
$9,938
THURSDAY, FEBRUARY 26, 2015
Increase funds to implement GED Preparation Learning Centers.
Amount appropriated in this Act
$304,957 $29,960,413
$304,957 $29,960,413
1273
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
$57,780,998 $44,969,886 $44,969,886 $2,679,416 $1,375,447 $1,303,969 $10,131,696 $10,131,696
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
$1,866,223
Federal Funds and Grants
$723,528
Federal Funds Not Specifically Identified
$723,528
State Funds
$1,142,695
State General Funds
$1,142,695
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,115,324
$1,838,852
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$14,846
$14,846
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$7,683
$7,683
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$4,172
$4,172
Reflect an adjustment in Teamworks billings.
$670
$670
Amount appropriated in this Act
$1,142,695
$1,866,223
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
$41,435,411
Federal Funds and Grants
$33,673,372
1274
JOURNAL OF THE HOUSE
Federal Funds Not Specifically Identified
$33,673,372
Other Funds
$2,675,896
Agency Funds
$1,375,447
Other Funds - Not Specifically Identified
$1,300,449
State Funds
$5,086,143
State General Funds
$5,086,143
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$5,014,465
$41,363,733
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$40,458
$40,458
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$19,743
$19,743
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$11,204
$11,204
Reflect an adjustment in Teamworks billings.
$273
$273
Amount appropriated in this Act
$5,086,143
$41,435,411
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
$14,479,364
Federal Funds and Grants
$10,572,986
Federal Funds Not Specifically Identified
$10,572,986
Other Funds
$3,520
Other Funds - Not Specifically Identified
$3,520
State Funds
$3,902,858
State General Funds
$3,902,858
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$3,367,205
$13,943,711
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$39,859
$39,859
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$17,122
$17,122
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$21,530
$21,530
Reflect an adjustment in Teamworks billings.
$957
$957
THURSDAY, FEBRUARY 26, 2015
Increase funds for personal services and operating expenses to support the implementation of a new Youth Challenge Academy in Milledgeville.
Amount appropriated in this Act
$456,185 $3,902,858
$456,185 $14,479,364
1275
Section 20: Driver Services, Department of Total Funds Other Funds Agency Funds State Funds State General Funds
$69,946,941 $2,844,121 $2,844,121 $67,102,820 $67,102,820
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
$9,980,752
Other Funds
$500,857
Agency Funds
$500,857
State Funds
$9,479,895
State General Funds
$9,479,895
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$9,365,723
$9,866,580
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$73,624
$73,624
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$35,495
$35,495
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($13,437)
($13,437)
Reflect an adjustment in Teamworks billings.
$18,490
$18,490
Amount appropriated in this Act
$9,479,895
$9,980,752
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
$58,549,894
Other Funds
$1,827,835
Agency Funds
$1,827,835
State Funds
$56,722,059
1276
JOURNAL OF THE HOUSE
State General Funds
$56,722,059
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$52,788,293
$54,616,128
Increase funds to reflect an adjustment in the employer
$461,692
$461,692
share of the Employees' Retirement System.
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$236,698
$236,698
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($59,244)
($59,244)
Increase funds for personal services and operating
$150,000
$150,000
expenses for the new Fayetteville Customer Service Center.
Increase funds for personal services and operating expenses for the new Paulding ($924,056) and Cobb ($299,676) County Customer Service Centers.
$1,223,732
$1,223,732
Increase funds for personal services for recruitment and retention initiatives for Customer Service Center employees.
$1,500,314
$1,500,314
Increase funds for rent for the Sandy Springs Customer Service Center.
$240,000
$240,000
Increase funds for a new commercial driver's license
$500,000
$500,000
pad in West Georgia.
Reduce funds for the Fulton County Customer Service
($300,000)
($300,000)
Center rent provided in FY 2015 to reflect the purchase of a new building.
Reduce funds for the Bainbridge Customer Service Center to reflect actual expenditures.
($19,426)
($19,426)
Utilize other funds received from rent collections
$0
$0
($50,000) for maintenance of the new Fulton County
Customer Service Center building. (H:Yes)
Amount appropriated in this Act
$56,722,059
$58,549,894
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
$1,416,295
Other Funds
$515,429
Agency Funds
$515,429
State Funds
$900,866
State General Funds
$900,866
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
THURSDAY, FEBRUARY 26, 2015
Amount from previous Appropriations Act (HB 744) as amended
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Amount appropriated in this Act
State Funds $885,848 $11,030 $4,838
($850)
$900,866
Total Funds $1,401,277
$11,030 $4,838
($850)
$1,416,295
1277
Section 21: Early Care and Learning, Department of Total Funds Federal Funds and Grants CCDF Mandatory and Matching Funds (CFDA 93.596) Child Care and Development Block Grant (CFDA 93.575) Federal Funds Not Specifically Identified Federal Recovery Funds Federal Recovery Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds Lottery Funds State General Funds
$723,275,556 $336,701,905 $101,618,088 $109,371,417 $125,712,400
$9,664,790 $9,664,790
$86,000 $3,000 $83,000 $376,822,861 $321,295,348 $55,527,513
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
$245,180,533
Federal Funds and Grants
$189,632,020
CCDF Mandatory and Matching Funds (CFDA 93.596)
$101,618,088
Child Care and Development Block Grant (CFDA 93.575)
$88,013,932
Other Funds
$21,000
Agency Funds
$3,000
Other Funds - Not Specifically Identified
$18,000
State Funds
$55,527,513
State General Funds
$55,527,513
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
1278
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 744) as amended
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Amount appropriated in this Act
State Funds $55,493,488
$24,171 $10,473
($619)
$55,527,513
Total Funds $245,146,508
$24,171 $10,473
($619)
$245,180,533
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
$125,550,000
Federal Funds and Grants
$125,550,000
Federal Funds Not Specifically Identified
$125,550,000
21.3. Pre-Kindergarten Program
Purpose: The purpose of this appropriation is to provide funding, training,
technical assistance, and oversight of Pre-Kindergarten programs operated by
public and private providers throughout the state and to improve the quality of
early learning and increase school readiness for Georgia's four-year-olds.
Total Funds
$321,457,748
Federal Funds and Grants
$162,400
Federal Funds Not Specifically Identified
$162,400
State Funds
$321,295,348
Lottery Funds
$321,295,348
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $314,300,032 amended
$314,462,432
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$79,418
$79,418
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$278,477
$278,477
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$2,160,681
$2,160,681
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($2,033)
($2,033)
Reflect an adjustment in Teamworks billings.
$1,956
$1,956
THURSDAY, FEBRUARY 26, 2015
Increase funds to restore two teacher planning days from eight to 10 planning days.
Increase funds for 60 additional classes in the Summer Transition Program to offer additional instruction and transition services to low income eligible rising PreKindergarteners and rising Kindergarteners.
Amount appropriated in this Act
$3,036,817 $1,440,000
$321,295,348
$3,036,817 $1,440,000
$321,457,748
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
$31,087,275
Federal Funds and Grants
$21,357,485
Child Care and Development Block Grant (CFDA 93.575)
$21,357,485
Federal Recovery Funds
$9,664,790
Federal Recovery Funds Not Specifically Identified
$9,664,790
Other Funds
$65,000
Other Funds - Not Specifically Identified
$65,000
1279
Section 22: Economic Development, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds
$103,369,034 $74,021,318 $74,021,318 $29,347,716 $29,347,716
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
$4,473,724
State Funds
$4,473,724
State General Funds
$4,473,724
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$4,143,943
$4,143,943
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$48,286
$48,286
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$23,477
$23,477
1280
JOURNAL OF THE HOUSE
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Reflect an adjustment in Teamworks billings.
Increase funds for one position, personal services, and operating expenses to support international relations and trade events.
Amount appropriated in this Act
($17,868)
$10,497 $265,389
$4,473,724
($17,868)
$10,497 $265,389
$4,473,724
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
$1,096,969
State Funds
$1,096,969
State General Funds
$1,096,969
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$922,534
$922,534
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$9,814
$9,814
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$4,621
$4,621
Increase funds for film marketing.
$100,000
$100,000
Increase funds for personal services for one film location scout position to assist with increased demand.
$60,000
$60,000
Amount appropriated in this Act
$1,096,969
$1,096,969
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
$1,262,760
Federal Funds and Grants
$659,400
Federal Funds Not Specifically Identified
$659,400
State Funds
$603,360
State General Funds
$603,360
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$596,713
$1,256,113
THURSDAY, FEBRUARY 26, 2015
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Amount appropriated in this Act
$5,887 $2,609 ($1,849) $603,360
$5,887 $2,609 ($1,849) $1,262,760
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
$10,881,240
State Funds
$10,881,240
State General Funds
$10,881,240
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$10,303,748
$10,303,748
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$91,162
$91,162
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$42,020
$42,020
Increase funds for international trade office contracts.
$200,000
$200,000
Increase funds for personal services for one industry representative position.
$85,000
$85,000
Increase funds for personal services for two positions to support international trade, research, and marketing.
$159,310
$159,310
Amount appropriated in this Act
$10,881,240
$10,881,240
22.5. 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
1281
1282
JOURNAL OF THE HOUSE
22.6. Innovation and Technology
Purpose: The purpose of this appropriation is to market and promote strategic
industries to existing and potential Georgia businesses by partnering
businesses with the Centers of Innovation, research universities, incubators,
and other companies.
Total Funds
$1,522,960
State Funds
$1,522,960
State General Funds
$1,522,960
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$9,251,723
$9,251,723
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$9,341
$9,341
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$4,333
$4,333
Eliminate tobacco settlement funds for cancer program administration.
($202,917)
($202,917)
Reduce tobacco settlement funds for Distinguished Cancer Clinicians and Scientists (DCCS) to fund only existing DCCS obligations.
($1,444,911)
($1,444,911)
Transfer funds from the Georgia Research Alliance contract to the Tourism program for marketing to increase Georgia tourism.
($750,000)
($750,000)
Utilize existing Georgia Research Alliance funds of
$0
$0
$202,917 for cancer program administration. (H:Yes)
Transfer $5,097,451 in state general funds and $247,158 in tobacco settlement funds for the Georgia Research Alliance contract to the Public Service/Special Funding Initiatives program at the Board of Regents of the University System of Georgia.
($5,344,609)
($5,344,609)
Amount appropriated in this Act
$1,522,960
$1,522,960
22.7. Small and Minority Business Development
Purpose: The purpose of this appropriation is to assist entrepreneurs and
small and minority businesses by providing technical assistance on planning,
advocacy, business needs, and identifying potential markets and suppliers, and
to provide assistance to local communities in growing small businesses.
Total Funds
$951,926
State Funds
$951,926
State General Funds
$951,926
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$933,140
$933,140
THURSDAY, FEBRUARY 26, 2015
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Amount appropriated in this Act
$12,923 $5,863
$951,926
$12,923 $5,863
$951,926
22.8. Tourism
Purpose: The purpose of this appropriation is to provide information to
visitors about tourism opportunities throughout the state, operate and maintain
state welcome centers, fund 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
$9,817,537
State Funds
$9,817,537
State General Funds
$9,817,537
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$9,363,470
$9,363,470
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$64,055
$64,055
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$30,012
$30,012
Increase funds for personal services for a marketing project manager position and a social media specialist position.
$160,000
$160,000
Increase funds for the Georgia Historical Society for historical markers.
$100,000
$100,000
Transfer funds from the Georgia Research Alliance contract for marketing to increase Georgia tourism.
$100,000
$100,000
Amount appropriated in this Act
$9,817,537
$9,817,537
1283
Section 23: Education, Department of Total Funds Federal Funds and Grants Maternal and Child Health Services Block Grant (CFDA 93.994) Federal Funds Not Specifically Identified Federal Recovery Funds Federal Recovery Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds
$10,612,070,743 $1,989,757,930 $19,630 $1,989,738,300 $74,624,420 $74,624,420 $45,711,057 $45,711,057 $8,501,977,336 $8,501,977,336
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The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,463.45. 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
$10,334,964
Federal Funds and Grants
$368,273
Federal Funds Not Specifically Identified
$368,273
Other Funds
$1,492,000
Other Funds - Not Specifically Identified
$1,492,000
State Funds
$8,474,691
State General Funds
$8,474,691
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$8,393,026
$10,253,299
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$203
$203
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$2,184
$2,184
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$2,356
$2,356
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$160
$160
Reflect an adjustment in Teamworks billings.
$1,367
$1,367
Provide funds for the Extended Day/Year program.
$37,895
$37,895
Provide funds for the Young Farmers program.
$37,500
$37,500
Amount appropriated in this Act
$8,474,691
$10,334,964
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
$29,936,984
Federal Funds and Grants
$134,330
Federal Funds Not Specifically Identified
$134,330
Other Funds
$22,342,940
Other Funds - Not Specifically Identified
$22,342,940
State Funds
$7,459,714
THURSDAY, FEBRUARY 26, 2015
State General Funds
$7,459,714
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$7,280,358
$29,757,628
Increase funds to reflect an adjustment in the employer
$99,035
$99,035
share of the Employees' Retirement System.
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$1,594
$1,594
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$42,777
$42,777
Reflect an adjustment to agency premiums for
$3,633
$3,633
Department of Administrative Services administered self insurance programs.
Reflect an adjustment in Teamworks billings.
$32,317
$32,317
Amount appropriated in this Act
$7,459,714
$29,936,984
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
$28,651,492
Federal Funds and Grants
$24,369,593
Federal Funds Not Specifically Identified
$24,369,593
Other Funds
$243,929
Other Funds - Not Specifically Identified
$243,929
State Funds
$4,037,970
State General Funds
$4,037,970
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$3,965,745
$28,579,267
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$25,128
$25,128
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$8,052
$8,052
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$20,642
$20,642
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$1,472
$1,472
Reflect an adjustment in Teamworks billings.
$16,931
$16,931
Amount appropriated in this Act
$4,037,970
$28,651,492
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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
$8,967,125
Federal Funds and Grants
$6,946,595
Federal Funds Not Specifically Identified
$6,946,595
State Funds
$2,020,530
State General Funds
$2,020,530
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$2,138,312
$9,084,907
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$3,634
$3,634
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$1,854
$1,854
Reflect an adjustment to agency premiums for
$89
$89
Department of Administrative Services administered
self insurance programs.
Reflect an adjustment in Teamworks billings.
$1,641
$1,641
Eliminate one-time funds for planning grants.
($125,000)
($125,000)
Amount appropriated in this Act
$2,020,530
$8,967,125
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
$1,053,100
State Funds
$1,053,100
State General Funds
$1,053,100
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,033,100
$1,033,100
Increase funds to local affiliates.
$20,000
$20,000
Amount appropriated in this Act
$1,053,100
$1,053,100
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.
THURSDAY, FEBRUARY 26, 2015
Total Funds
$7,341,281
Federal Funds and Grants
$3,393,490
Federal Funds Not Specifically Identified
$3,393,490
Other Funds
$430,717
Other Funds - Not Specifically Identified
$430,717
State Funds
$3,517,074
State General Funds
$3,517,074
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$3,461,541
$7,285,748
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$22,199
$22,199
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$6,345
$6,345
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$15,841
$15,841
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$1,148
$1,148
Reflect an adjustment in Teamworks billings.
$10,000
$10,000
Amount appropriated in this Act
$3,517,074
$7,341,281
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
$1,233,382,964
Federal Funds and Grants
$1,159,955,395
Federal Funds Not Specifically Identified
$1,159,955,395
Federal Recovery Funds
$73,387,612
Federal Recovery Funds Not Specifically Identified
$73,387,612
Other Funds
$39,957
Other Funds - Not Specifically Identified
$39,957
23.8. Georgia Network for Educational and Therapeutic Support (GNETS)
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
$70,406,538
Federal Funds and Grants
$8,160,000
Federal Funds Not Specifically Identified
$8,160,000
State Funds
$62,246,538
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State General Funds
$62,246,538
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$62,081,479
$70,241,479
Increase funds to reflect an adjustment in the employer
$514,767
$514,767
share of the Teachers Retirement System from 13.15%
to 14.27%.
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$507,107
$507,107
Adjust funds based on enrollment.
($984,815)
($984,815)
Provide funds for one program manager position to provide state level support of GNETS.
$128,000
$128,000
Amount appropriated in this Act
$62,246,538
$70,406,538
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
$8,832,577
Other Funds
$5,600,037
Other Funds - Not Specifically Identified
$5,600,037
State Funds
$3,232,540
State General Funds
$3,232,540
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$3,167,490
$8,767,527
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$6,674
$6,674
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$16,899
$16,899
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$38,768
$38,768
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$2,709
$2,709
Amount appropriated in this Act
$3,232,540
$8,832,577
23.10. Information Technology Services
Purpose: The purpose of this appropriation is to manage enterprise technology for the department, provide internet access to local school systems, support data collection and reporting needs, and support technology programs that
THURSDAY, FEBRUARY 26, 2015
assist local school systems.
Total Funds
$27,585,345
Federal Funds and Grants
$1,371,954
Federal Funds Not Specifically Identified
$1,371,954
Other Funds
$7,204,762
Other Funds - Not Specifically Identified
$7,204,762
State Funds
$19,008,629
State General Funds
$19,008,629
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$17,213,029
$25,789,745
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$95,517
$95,517
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$9,229
$9,229
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$51,696
$51,696
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$3,665
$3,665
Reflect an adjustment in Teamworks billings.
$35,493
$35,493
Increase funds for the E-Rate program to increase bandwidth from 3 Mbps to 100 Mbps for school systems.
$1,600,000
$1,600,000
Amount appropriated in this Act
$19,008,629
$27,585,345
23.11. 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
$10,677,516
State Funds
$10,677,516
State General Funds
$10,677,516
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$10,900,885
$10,900,885
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$24,476
$24,476
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$24,796
$24,796
Adjust funds for Sparsity Grants.
($634,842)
($634,842)
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Adjust funds for Residential Treatment Facilities based on attendance.
Amount appropriated in this Act
$362,201 $10,677,516
$362,201 $10,677,516
23.12. 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
$737,162,338
Federal Funds and Grants
$714,191,428
Federal Funds Not Specifically Identified
$714,191,428
Other Funds
$108,824
Other Funds - Not Specifically Identified
$108,824
State Funds
$22,862,086
State General Funds
$22,862,086
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$22,854,133
$737,154,385
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$2,179
$2,179
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$1,578
$1,578
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$2,847
$2,847
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$255
$255
Reflect an adjustment in Teamworks billings.
$1,094
$1,094
Amount appropriated in this Act
$22,862,086
$737,162,338
23.13. 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
$31,446,339
State Funds
$31,446,339
State General Funds
$31,446,339
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$30,051,758
$30,051,758
THURSDAY, FEBRUARY 26, 2015
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Increase funds for enrollment growth and training and experience.
Amount appropriated in this Act
$252,240 $193,356 $948,985 $31,446,339
$252,240 $193,356 $948,985 $31,446,339
23.14. 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
$498,225,928
State Funds
$498,225,928
State General Funds
$498,225,928
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $479,385,097 amended
$479,385,097
Increase funds for the Equalization grant. (H:Increase funds for the Equalization grant and recognize prepayment of $8,299,466 (HB 75, 2015 Session) to ensure full compliance with O.C.G.A. 20-2-165.)
$18,840,831
$18,840,831
Amount appropriated in this Act
$498,225,928
$498,225,928
23.15. 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
($1,664,959,185)
State Funds
($1,664,959,185)
State General Funds
($1,664,959,185)
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as ($1,673,940,124) ($1,673,940,124) amended
Adjust funds for the Local Five Mill Share.
$8,980,939
$8,980,939
Amount appropriated in this Act
($1,664,959,185) ($1,664,959,185)
23.16. 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.
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Total Funds
$9,393,786,908
State Funds
$9,393,786,908
State General Funds
$9,393,786,908
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $8,874,196,642 amended
$8,874,196,642
Increase funds for enrollment growth and training and experience ($152,313,334), reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27% ($75,181,182), and adjust funds for differentiated pay for newly certified math and science teachers ($1,024,285), School Nurses ($332,354), State Commission Charter Schools supplement ($8,987,653), charter system grants ($2,946,279), and the Special Needs Scholarship ($1,189,260). (H:Increase funds for enrollment growth and training and experience ($152,430,547), reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27% ($74,444,407), and adjust funds for differentiated pay for newly certified math and science teachers ($1,235,053), School Nurses ($631,357), State Commission Charter Schools supplement ($9,035,267), charter system grants ($3,037,740), and the Special Needs Scholarship ($989,550).)
$239,824,821
$239,824,821
Increase funds for Move on When Ready. (H:Provide funds for Move on When Ready in the Amended FY 2016 budget based on new funding mechanisms recommended by the Dual Enrollment Task Force.)
($234,555)
($234,555)
Increase funds to offset the austerity reduction in order to provide local education authorities the flexibility to eliminate teacher furlough days, increase instructional days, and increase teacher salaries.
$280,000,000
$280,000,000
Amount appropriated in this Act
$9,393,786,908 $9,393,786,908
23.17. 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
$12,270,645
State Funds
$12,270,645
State General Funds
$12,270,645
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$9,941,168
$9,941,168
THURSDAY, FEBRUARY 26, 2015
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Increase funds for 17 teacher and leader effectiveness support positions transferred from the School Improvement program. Increase funds for Positive Behavior and Intervention Supports (PBIS) trainers.
Amount appropriated in this Act
$7,792 $2,071,685
$250,000 $12,270,645
$7,792 $2,071,685
$250,000 $12,270,645
23.18. 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
$16,151,777
Federal Funds and Grants
$7,990,493
Federal Funds Not Specifically Identified
$7,990,493
Federal Recovery Funds
$1,236,808
Federal Recovery Funds Not Specifically Identified
$1,236,808
State Funds
$6,924,476
State General Funds
$6,924,476
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$6,094,147
$15,321,448
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$60,794
$60,794
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$9,211
$9,211
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$38,517
$38,517
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$2,620
$2,620
Reflect an adjustment in Teamworks billings.
$2,188
$2,188
Increase funds for professional development and support for corps members in Teach for America.
$350,000
$350,000
Increase funds for 17 teacher and leader effectiveness support positions, one teacher induction position, and two district effectiveness positions and operating expenses. (H:Increase and reflect funds for 17 teacher and leader effectiveness positions in the RESAs program, and provide new funds for one teacher induction position, two district effectiveness positions and operating expenses.)
$366,999
$366,999
Amount appropriated in this Act
$6,924,476
$16,151,777
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23.19. 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
$2,511,278
Other Funds
$2,511,278
Other Funds - Not Specifically Identified
$2,511,278
23.20. 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
$30,945,063
Federal Funds and Grants
$22,847,100
Federal Funds Not Specifically Identified
$22,847,100
State Funds
$8,097,963
State General Funds
$8,097,963
23.21. 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
$28,269,036
Federal Funds and Grants
$863,480
Maternal and Child Health Services Block Grant (CFDA
93.994)
$19,630
Federal Funds Not Specifically Identified
$843,850
Other Funds
$957,589
Other Funds - Not Specifically Identified
$957,589
State Funds
$26,447,967
State General Funds
$26,447,967
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$25,815,381
$27,636,450
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$208,674
$208,674
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$56,174
$56,174
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$153,677
$153,677
THURSDAY, FEBRUARY 26, 2015
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Increase funds for training and experience.
Amount appropriated in this Act
$19,663
$194,398 $26,447,967
$19,663
$194,398 $28,269,036
23.22. 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
$41,669,169
Federal Funds and Grants
$19,947,771
Federal Funds Not Specifically Identified
$19,947,771
Other Funds
$4,779,024
Other Funds - Not Specifically Identified
$4,779,024
State Funds
$16,942,374
State General Funds
$16,942,374
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$16,112,487
$40,839,282
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$13,909
$13,909
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$8,770
$8,770
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$10,290
$10,290
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$733
$733
Reflect an adjustment in Teamworks billings.
$5,744
$5,744
Increase funds for vocational industry certification.
$752,546
$752,546
Provide funds for the Extended Day/Year program.
$37,895
$37,895
Amount appropriated in this Act
$16,942,374
$41,669,169
23.23. 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
$45,869,615
Federal Funds and Grants
$19,218,028
Federal Funds Not Specifically Identified
$19,218,028
State Funds
$26,651,587
State General Funds
$26,651,587
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The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $24,686,112
$43,904,140
amended
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$11,910
$11,910
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$3,350
$3,350
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective
$13,127
$13,127
July 1, 2015.
Reflect an adjustment to agency premiums for
$829
$829
Department of Administrative Services administered self insurance programs.
Reflect an adjustment in Teamworks billings.
$7,926
$7,926
Increase funds for contracts to review and analyze student growth models statewide.
$605,569
$605,569
Increase funds for the Georgia Milestones assessment.
$1,067,328
$1,067,328
Increase funds for two accountability and assessment positions ($252,436) and operating expenses ($3,000).
$255,436
$255,436
Utilize existing funds to provide tenth grade students
$0
$0
with the choice between the PSAT or ACT Compass exams. (H:Yes)
Amount appropriated in this Act
$26,651,587
$45,869,615
23.24. 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
It is the intent of the General Assembly that the employer contribution rate for the Employees' Retirement System shall not exceed 24.72% for New Plan employees and 19.97% for Old Plan employees. For the GSEPS employees,
$54,884,941 $4,067,135 $4,067,135 $30,579,930 $30,579,930 $20,237,876 $20,237,876
THURSDAY, FEBRUARY 26, 2015
the employer contribution rate shall not exceed 21.69% 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 $764.97 per member for State Fiscal Year 2016.
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
$4,323,952
Other Funds
$4,067,135
Agency Funds
$4,067,135
Intra-State Government Transfers
$256,817
Retirement Payments
$256,817
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$0
$4,067,135
Increase other funds to reflect an adjustment in the employer share of the Employees' Retirement System ($4,817) and for contractual services ($252,000).
$0
$256,817
Amount appropriated in this Act
$0
$4,323,952
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
$1,989,530
State Funds
$1,989,530
State General Funds
$1,989,530
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,893,369
$1,893,369
Increase funds for the annual required contribution in accordance with the most recent actuarial report.
$96,161
$96,161
Amount appropriated in this Act
$1,989,530
$1,989,530
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
$28,580,000
State Funds
$28,580,000
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State General Funds
$28,580,000
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$28,461,000
$28,461,000
Increase funds for the annual required contribution in
$119,000
$119,000
accordance with the most recent actuarial report.
Amount appropriated in this Act
$28,580,000
$28,580,000
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
$19,991,459
State Funds
$10,400
State General Funds
$10,400
Intra-State Government Transfers
$19,981,059
Retirement Payments
$19,981,059
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$15,400
$19,739,070
Increase other funds to reflect an adjustment in the employer share for the Employees' Retirement System ($134,389) and increase in contractual services ($123,000).
$0
$257,389
Reduce funds for HB 477 (2014 Session) as all requirements have been satisfied by the actuary.
($5,000)
($5,000)
Amount appropriated in this Act
$10,400
$19,991,459
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
$48,327,220 $5,982,769 $5,982,769 $6,995,695
$428,645 $6,567,050 $35,298,756 $35,298,756
$50,000 $50,000
THURSDAY, FEBRUARY 26, 2015
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
$3,590,195
Federal Funds and Grants
$48,800
Federal Funds Not Specifically Identified
$48,800
Other Funds
$76,288
Other Funds - Not Specifically Identified
$76,288
State Funds
$3,465,107
State General Funds
$3,465,107
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$3,401,565
$3,526,653
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$41,565
$41,565
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$18,659
$18,659
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($8,817)
($8,817)
Reflect an adjustment in Teamworks billings.
$12,135
$12,135
Utilize existing funds of $48,000 to implement the
$0
$0
Winter Weather Task Force recommendation to improve
fleet management by using smart phone technology for
100 strike teams. (H:Yes)
Amount appropriated in this Act
$3,465,107
$3,590,195
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
$7,290,121
Federal Funds and Grants
$3,553,571
Federal Funds Not Specifically Identified
$3,553,571
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JOURNAL OF THE HOUSE
Other Funds
$1,089,732
Agency Funds
$428,645
Other Funds - Not Specifically Identified
$661,087
State Funds
$2,596,818
State General Funds
$2,596,818
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 appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$2,431,473
$7,124,776
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$31,149
$31,149
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$12,306
$12,306
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($9,747)
($9,747)
Provide funds for the final installment of employee retention salary adjustments for foresters and forest inventory analysis personnel.
$131,637
$131,637
Amount appropriated in this Act
$2,596,818
$7,290,121
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
$36,239,824
Federal Funds and Grants
$2,246,681
Federal Funds Not Specifically Identified
$2,246,681
Other Funds
$4,756,312
Other Funds - Not Specifically Identified
$4,756,312
State Funds
$29,236,831
State General Funds
$29,236,831
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$27,125,594
$34,128,587
THURSDAY, FEBRUARY 26, 2015
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Provide funds for the final installment of employee retention salary adjustments for rangers and chief rangers.
Amount appropriated in this Act
$330,321 $158,059 ($88,270) $1,711,127 $29,236,831
$330,321 $158,059 ($88,270) $1,711,127 $36,239,824
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
1301
Section 26: Governor, Office of the Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds
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
$11,062,041
State Funds
$11,062,041
State General Funds
$11,062,041
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
$86,641,974 $30,120,112 $30,120,112
$908,356 $908,356 $55,613,506 $55,613,506
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departments or agencies. The Mansion allowance per O.C.G.A. 45-7-4 shall be
$40,000.
Total Funds
$6,604,848
Other Funds
$100,000
Other Funds - Not Specifically Identified
$100,000
State Funds
$6,504,848
State General Funds
$6,504,848
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$6,072,026
$6,172,026
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$109,799
$109,799
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$37,708
$37,708
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$6,161
$6,161
Transfer funds and two positions from the Department of Behavioral Health and Developmental Disabilities to the Governor's Office for the Disability Services Ombudsman to promote the safety, well-being, and rights of consumers.
$279,154
$279,154
Amount appropriated in this Act
$6,504,848
$6,604,848
26.3. Governor's Office of Planning and Budget
Purpose: The purpose of this appropriation is to improve state government
operations and services by leading and assisting in the evaluation,
development, and implementation of budgets, plans, programs, and policies.
Total Funds
$8,556,036
State Funds
$8,556,036
State General Funds
$8,556,036
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$8,353,713
$8,353,713
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$127,331
$127,331
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$46,285
$46,285
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$8,106
$8,106
Reflect an adjustment in Teamworks billings.
$20,601
$20,601
THURSDAY, FEBRUARY 26, 2015
Utilize existing funds ($200,000) for personal services. (H:Yes)
Amount appropriated in this Act
$0 $8,556,036
$0 $8,556,036
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
$986,295
Federal Funds and Grants
$5,000
Federal Funds Not Specifically Identified
$5,000
State Funds
$981,295
State General Funds
$981,295
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$888,266
$893,266
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$18,707
$18,707
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$5,979
$5,979
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($1,657)
($1,657)
Provide funds for one investigator position.
$70,000
$70,000
Amount appropriated in this Act
$981,295
$986,295
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
$824,505
State Funds
$824,505
State General Funds
$824,505
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,429,645
$1,493,383
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$1,721
$1,721
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$1,206
$1,206
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Transfer funds for the Georgia AfterSchool and Youth Development Conference and Quality Standards to the Child Abuse and Neglect Prevention program in the Department of Human Services.
Transfer funds for the abstinence education programs to the Child Abuse and Neglect Prevention program in the Division of Family and Children Services (DFCS). (H:No; Reduce funds for the health survey program.)
Amount appropriated in this Act
($92,500) ($515,567) $824,505
($92,500) ($579,305) $824,505
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
$33,045,454
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
$2,534,416
State General Funds
$2,534,416
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$2,140,510
$32,651,548
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$19,477
$19,477
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$14,544
$14,544
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($6,313)
($6,313)
Increase funds for personal services for four positions to support recommendations made by the Governor's Severe Winter Weather Warning and Preparedness Task Force.
$304,000
$304,000
Increase funds for personal services to reflect projected expenditures.
$62,198
$62,198
Amount appropriated in this Act
$2,534,416
$33,045,454
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,
THURSDAY, FEBRUARY 26, 2015
which makes it unlawful to discriminate against any individual.
Total Funds
$695,777
State Funds
$695,777
State General Funds
$695,777
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$670,414
$670,414
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$14,430
$14,430
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$4,720
$4,720
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$6,213
$6,213
Amount appropriated in this Act
$695,777
$695,777
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
$7,299,519
Federal Funds and Grants
$411,930
Federal Funds Not Specifically Identified
$411,930
Other Funds
$500
Other Funds - Not Specifically Identified
$500
State Funds
$6,887,089
State General Funds
$6,887,089
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$6,274,340
$6,686,770
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$116,240
$116,240
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$1,879
$1,879
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$35,408
$35,408
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$5,156
$5,156
Increase funds for two education preparation specialists ($208,924), one certification evaluator ($75,853), and one investigator ($69,289).
$354,066
$354,066
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Increase funds for maintenance and support of information technology systems.
Amount appropriated in this Act
$100,000 $6,887,089
$100,000 $7,299,519
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
$0
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$4,675,275
$5,342,964
Transfer funds, 65 positions, and 2 vehicles to the Department of Law for administering the Governor's Office of Consumer Protection program.
($4,675,275)
($5,342,964)
Amount appropriated in this Act
$0
$0
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
$670,679
State Funds
$670,679
State General Funds
$670,679
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$652,762
$652,762
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$13,126
$13,126
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$4,048
$4,048
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$743
$743
Amount appropriated in this Act
$670,679
$670,679
26.12. Student Achievement, Governor's 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.
THURSDAY, FEBRUARY 26, 2015
Total Funds
$16,896,820
State Funds
$16,896,820
State General Funds
$16,896,820
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$10,128,986
$10,128,986
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$70,945
$70,945
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$4,361
$4,361
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$17,375
$17,375
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$222
$222
Increase funds for an academic audit specialist position.
$109,863
$109,863
Increase funds for erasure analysis of student assessments.
$150,000
$150,000
Increase funds for Georgia's Academic and Workforce Analysis and Research Data System (GA AWARDS).
$217,100
$217,100
Increase funds for the Georgia Innovation Fund to award grants for innovative programs in public education.
$1,465,000
$1,465,000
Increase funds for the Governor's Honors Program to meet the projected need.
$413,170
$413,170
Provide funds for strategic professional development initiatives per SB 404 (2012 Session). (H:Provide funds to expand the Reading Mentor program.)
$4,319,798
$4,319,798
Amount appropriated in this Act
$16,896,820
$16,896,820
1307
Section 27: Human Services, Department of Total Funds Federal Funds and Grants CCDF Mandatory and Matching Funds (CFDA 93.596) Child Care and Development Block Grant (CFDA 93.575) Community Service Block Grant (CFDA 93.569) Foster Care Title IV-E (CFDA 93.658) Low-Income Home Energy Assistance (CFDA 93.568) Medical Assistance Program (CFDA 93.778) Social Services Block Grant (CFDA 93.667) TANF Transfers to Social Services Block Grant (CFDA 93.558) Temporary Assistance for Needy Families Block Grant (CFDA 93.558) Federal Funds Not Specifically Identified
$1,723,319,842
$1,114,086,980 $1,188,578 $209,161 $16,526,699 $85,540,996 $55,866,874 $79,458,085 $52,778,456 $7,554,503
$348,149,998 $466,813,630
1308
JOURNAL OF THE HOUSE
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
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.
$52,298,479 $2,841,500 $49,456,979 $555,752,402 $549,560,596 $6,191,806 $1,181,981 $1,181,981
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
$90,334,674
Federal Funds and Grants
$56,565,817
THURSDAY, FEBRUARY 26, 2015
Temporary Assistance for Needy Families Block Grant $16,400,000
(CFDA 93.558)
Federal Funds Not Specifically Identified
$40,165,817
Other Funds
$46,500
Other Funds - Not Specifically Identified
$46,500
State Funds
$33,722,357
State General Funds
$33,722,357
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$34,074,571
$90,299,936
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$25,251
$25,251
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$8,456
$8,456
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$1,031
$1,031
Reduce funds to reflect an increase in the Federal
($386,952)
$0
Medicaid Assistance Percentage (FMAP) from 66.69%
to 67.40%.
Amount appropriated in this Act
$33,722,357
$90,334,674
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
$15,500,000
Federal Funds and Grants
$15,500,000
Temporary Assistance for Needy Families Block Grant $15,500,000
(CFDA 93.558)
27.3. Child Abuse and Neglect Prevention
Purpose: The purpose of this appropriation is to promote child abuse and
neglect prevention programs and support child victims of abuse.
Total Funds
$9,194,097
Federal Funds and Grants
$7,919,064
TANF Transfers to Social Services Block Grant (CFDA
93.558)
$2,304,503
Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
$768,167
Federal Funds Not Specifically Identified
$4,846,394
State Funds
$1,275,033
State General Funds
$1,275,033
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
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JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 744) as amended
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Transfer funds and six positions from Child WelfareSpecial Projects for child abuse and neglect prevention and home visiting activities.
Transfer funds for the Georgia AfterSchool and Youth Development Conference and Quality Standards from Governor's Office for Children and Families.
Transfer funds for the abstinence education programs from Governor's Office for Children and Families. (H:No; Eliminate funds for the health survey program.)
Amount appropriated in this Act
State Funds $0
$587
$1,181,946
$92,500
$0
$1,275,033
Total Funds $0
$587
$9,101,010
$92,500
$0
$9,194,097
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
$9,777,346
Federal Funds and Grants
$9,777,346
Federal Funds Not Specifically Identified
$9,777,346
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
$108,462,059
Federal Funds and Grants
$76,405,754
Social Services Block Grant (CFDA 93.667)
$120,000
Federal Funds Not Specifically Identified
$76,285,754
Other Funds
$2,841,500
Agency Funds
$2,841,500
State Funds
$28,819,045
State General Funds
$28,819,045
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 appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$28,323,847
$107,966,861
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$333,177
$333,177
THURSDAY, FEBRUARY 26, 2015
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Amount appropriated in this Act
$148,914 $13,107 $28,819,045
$148,914 $13,107 $108,462,059
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
$301,812,537
Federal Funds and Grants
$159,721,391
CCDF Mandatory and Matching Funds (CFDA 93.596)
$223,333
Foster Care Title IV-E (CFDA 93.658)
$31,761,301
Medical Assistance Program (CFDA 93.778)
$154,157
Social Services Block Grant (CFDA 93.667)
$2,846,970
TANF Transfers to Social Services Block Grant (CFDA
93.558)
$5,250,000
Temporary Assistance for Needy Families Block Grant $91,542,499
(CFDA 93.558)
Federal Funds Not Specifically Identified
$27,943,131
State Funds
$141,978,657
State General Funds
$141,978,657
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 appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $113,614,101 amended
$269,911,224
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$2,044,406
$2,044,406
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$583,255
$583,255
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$6,405
$6,405
Annualize funds for 103 additional child protective services caseworkers.
$4,977,117
$6,221,396
Increase funds for mobile technologies to support field knowledge and application of policy as recommended by the Child Welfare Reform Council.
$1,033,000
$1,033,000
Increase funds for training to enhance caseworker safety as recommended by the Child Welfare Reform Council.
$620,000
$620,000
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JOURNAL OF THE HOUSE
Increase funds to improve recruitment and training of foster parents as recommended by the Child Welfare Reform Council.
Provide funds for 128 additional child protective services caseworkers and transfer contractual services savings from Federal Benefits Eligibility Services for 47 additional child protective services caseworkers.
Transfer real estate savings from Federal Benefits Eligibility Services for SHINES maintenance.
Increase funds to implement career ladders and performance-based increases for caseworkers and supervisors as recommended by the Child Welfare Reform Council.
Provide funds to implement a supervisor mentor pilot program as recommended by the Child Welfare Reform Council.
Provide funds to the Court Appointed Special Advocates (CASA) program for building capacity ($70,000) and annualize funds ($50,000) for criminal background investigations.
Amount appropriated in this Act
$5,833,000 $7,513,193
$414,180 $5,000,000
$220,000 $120,000
$141,978,657
$5,833,000 $9,391,491
$828,360 $5,000,000
$220,000 $120,000
$301,812,537
27.7. Child Welfare Services - Special Project
Purpose: The purpose of this appropriation is to promote child abuse and
neglect prevention programs and support child victims of abuse.
Total Funds
$0
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,181,946
$9,101,010
Transfer funds and six positions to the new Child Abuse and Neglect Prevention program for child abuse and neglect prevention and home visiting activities.
($1,181,946)
($9,101,010)
Amount appropriated in this Act
$0
$0
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
$16,110,137
Federal Funds and Grants
$16,110,137
Community Service Block Grant (CFDA 93.569)
$16,110,137
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.
THURSDAY, FEBRUARY 26, 2015
Total Funds
$101,342,626
Federal Funds and Grants
$51,913,384
CCDF Mandatory and Matching Funds (CFDA 93.596)
$965,245
Child Care and Development Block Grant (CFDA 93.575)
$209,161
Community Service Block Grant (CFDA 93.569)
$243,158
Foster Care Title IV-E (CFDA 93.658)
$3,870,198
Low-Income Home Energy Assistance (CFDA 93.568)
$258,779
Medical Assistance Program (CFDA 93.778)
$3,726,454
Social Services Block Grant (CFDA 93.667)
$2,539,375
Temporary Assistance for Needy Families Block Grant $12,265,599
(CFDA 93.558)
Federal Funds Not Specifically Identified
$27,835,415
Other Funds
$12,587,223
Other Funds - Not Specifically Identified
$12,587,223
State Funds
$36,168,287
State General Funds
$36,168,287
Intra-State Government Transfers
$673,732
Other Intra-State Government Payments
$673,732
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$34,484,962
$99,659,301
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$678,740
$678,740
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$278,664
$278,664
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$27,706
$27,706
Reflect an adjustment in Teamworks billings.
$84,622
$84,622
Replace the loss of federal funds resulting from changes to the statewide cost allocation methodology for payments for state administrative hearings.
$613,593
$613,593
Amount appropriated in this Act
$36,168,287
$101,342,626
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
$20,237,510
Federal Funds and Grants
$3,573,433
Medical Assistance Program (CFDA 93.778)
$500,000
Social Services Block Grant (CFDA 93.667)
$2,279,539
Federal Funds Not Specifically Identified
$793,894
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JOURNAL OF THE HOUSE
State Funds
$16,664,077
State General Funds
$16,664,077
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$15,499,746
$19,073,179
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$233,286
$233,286
Provide funds for merit-based pay adjustments and
$101,285
$101,285
employee recruitment and retention initiatives effective
July 1, 2015.
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$9,523
$9,523
Increase funds for an additional 11 adult protective services caseworkers.
$693,333
$693,333
Provide funds for technology needs and federally required volunteer training in local programs.
$126,904
$126,904
Amount appropriated in this Act
$16,664,077
$20,237,510
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
$112,288,479
Federal Funds and Grants
$41,416,802
Medical Assistance Program (CFDA 93.778)
$13,765,259
Social Services Block Grant (CFDA 93.667)
$3,761,430
Federal Funds Not Specifically Identified
$23,890,113
State Funds
$70,871,677
State General Funds
$64,679,871
Tobacco Settlement Funds
$6,191,806
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$70,285,342
$111,702,144
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$13,037
$13,037
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$4,999
$4,999
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$532
$532
Reduce funds to reflect an increase in the Federal Medical Assistance Percentage (FMAP) from 66.69% to 67.40%.
($1,039,827)
($1,039,827)
THURSDAY, FEBRUARY 26, 2015
Reduce administrative costs at the 12 Area Agencies on Aging and utilize savings to provide additional services to consumers. (H:Yes)
Increase funds for Home and Community Based Services (HCBS).
Provide funds for a coordinator position to manage the Alzheimer's and Related Dementias State Plan pursuant to SB 14 (2013 Session).
Amount appropriated in this Act
$0 $1,500,000
$107,594 $70,871,677
$0 $1,500,000
$107,594 $112,288,479
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
$10,244,806
Federal Funds and Grants
$6,616,268
Social Services Block Grant (CFDA 93.667)
$750,000
Federal Funds Not Specifically Identified
$5,866,268
State Funds
$3,628,538
State General Funds
$3,628,538
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$3,615,507
$10,231,775
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$8,862
$8,862
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$3,807
$3,807
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$362
$362
Amount appropriated in this Act
$3,628,538
$10,244,806
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
$55,320,027
Federal Funds and Grants
$55,320,027
Low-Income Home Energy Assistance (CFDA 93.568)
$55,320,027
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
$0
1315
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JOURNAL OF THE HOUSE
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$11,802,450
$11,802,450
Transfer funds to the Criminal Justice Coordinating Council - Family Violence program in the Criminal Justice Coordinating Council to align administration of Family Violence activities.
($11,802,450)
($11,802,450)
Amount appropriated in this Act
$0
$0
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
$284,490,050
Federal Funds and Grants
$177,263,164
Community Service Block Grant (CFDA 93.569)
$173,404
Foster Care Title IV-E (CFDA 93.658)
$4,168,845
Low-Income Home Energy Assistance (CFDA 93.568)
$288,068
Medical Assistance Program (CFDA 93.778)
$60,139,396
Temporary Assistance for Needy Families Block Grant $23,213,738
(CFDA 93.558)
Federal Funds Not Specifically Identified
$89,279,713
State Funds
$107,226,886
State General Funds
$107,226,886
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $106,707,981 amended
$283,971,145
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$2,270,185
$2,270,185
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$640,844
$640,844
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$1,857
$1,857
Reflect an adjustment in Teamworks billings.
$20,199
$20,199
Reduce funds for contractual services and transfer savings to Child Welfare Services for 47 additional Child Protective Service workers.
($2,000,000)
($2,000,000)
Reduce funds to reflect real estate savings from the Houston County Division of Children and Family Services building acquisition and transfer savings to Child Welfare Services for SHINES maintenance.
($414,180)
($414,180)
Amount appropriated in this Act
$107,226,886
$284,490,050
THURSDAY, FEBRUARY 26, 2015
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
$63,974,072
Federal Funds and Grants
$63,974,072
Social Services Block Grant (CFDA 93.667)
$40,481,142
Temporary Assistance for Needy Families Block Grant $23,492,930
(CFDA 93.558)
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
$225,164,378
Federal Funds and Grants
$143,476,460
Foster Care Title IV-E (CFDA 93.658)
$45,121,389
Temporary Assistance for Needy Families Block Grant $98,190,252
(CFDA 93.558)
Federal Funds Not Specifically Identified
$164,819
State Funds
$81,687,918
State General Funds
$81,687,918
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$72,281,117
$210,133,464
Increase funds for growth in Out-of-Home Care utilization.
$9,812,147
$15,030,914
Reduce funds to reflect an increase in the Federal
($405,346)
$0
Medical Assistance Percentage (FMAP) from 66.69% to
67.40%.
Amount appropriated in this Act
$81,687,918
$225,164,378
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
$9,303,613
Federal Funds and Grants
$9,303,613
Federal Funds Not Specifically Identified
$9,303,613
27.19. Residential 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.
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JOURNAL OF THE HOUSE
Total Funds
$2,257,303
Federal Funds and Grants
$619,263
Foster Care Title IV-E (CFDA 93.658)
$619,263
State Funds
$1,638,040
State General Funds
$1,638,040
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,589,350
$2,208,613
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$32,610
$32,610
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$14,749
$14,749
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$1,331
$1,331
Reflect a change in the program name. (H:Yes)
$0
$0
Amount appropriated in this Act
$1,638,040
$2,257,303
27.20. Support for Needy Families - Basic Assistance
Purpose: The purpose of this appropriation is to provide cash assistance to
needy families in compliance with Georgia's state plan for the federal
Temporary Assistance for Needy Families program.
Total Funds
$48,406,610
Federal Funds and Grants
$48,306,610
Temporary Assistance for Needy Families Block Grant $48,306,610
(CFDA 93.558)
State Funds
$100,000
State General Funds
$100,000
27.21. Support for Needy Families - Work Assistance
Purpose: The purpose of this appropriation is to assist needy Georgian
families in achieving self-sufficiency by obtaining and keeping employment as
well as complying with Georgia's state plan for the federal Temporary
Assistance for Needy Families program.
Total Funds
$18,547,617
Federal Funds and Grants
$18,547,617
Temporary Assistance for Needy Families Block Grant $18,470,203
(CFDA 93.558)
Federal Funds Not Specifically Identified
$77,414
The following appropriations are for agencies attached for administrative purposes.
THURSDAY, FEBRUARY 26, 2015
27.22. Council On Aging
Purpose: The purpose of this appropriation is to assist older individuals, at-
risk adults, persons with disabilities, their families and caregivers in achieving
safe, healthy, independent and self-reliant lives.
Total Funds
$232,731
State Funds
$232,731
State General Funds
$232,731
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$227,322
$227,322
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$2,977
$2,977
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$2,310
$2,310
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$122
$122
Amount appropriated in this Act
$232,731
$232,731
27.23. Family Connection
Purpose: The purpose of this appropriation is to provide a statewide network
of county collaboratives that work to improve conditions for children and
families.
Total Funds
$9,836,967
Federal Funds and Grants
$1,172,819
Medical Assistance Program (CFDA 93.778)
$1,172,819
State Funds
$8,664,148
State General Funds
$8,664,148
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$8,505,148
$9,677,967
Provide funds to increase county allocations from $45,000 to $46,000.
$159,000
$159,000
Amount appropriated in this Act
$8,664,148
$9,836,967
27.24. 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
$3,238,777
Federal Funds and Grants
$2,919,976
Federal Funds Not Specifically Identified
$2,919,976
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JOURNAL OF THE HOUSE
Other Funds
$36,000
Other Funds - Not Specifically Identified
$36,000
State Funds
$282,801
State General Funds
$282,801
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$277,214
$3,233,190
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$3,901
$3,901
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$1,686
$1,686
Amount appropriated in this Act
$282,801
$3,238,777
27.25. 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
$7,987,791
Federal Funds and Grants
$6,526,132
Federal Funds Not Specifically Identified
$6,526,132
State Funds
$1,461,659
State General Funds
$1,461,659
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,426,742
$7,952,874
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$78,130
$78,130
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$28,596
$28,596
Reduce funds to realize savings in contractual services and transfer funds to the Vocational Rehabilitation program to provide additional services to consumers.
($71,809)
($71,809)
Amount appropriated in this Act
$1,461,659
$7,987,791
27.26. Georgia Vocational Rehabilitation Agency: Disability Adjudication
Services
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
$70,333,617
THURSDAY, FEBRUARY 26, 2015
Federal Funds and Grants Federal Funds Not Specifically Identified
$70,333,617 $70,333,617
27.27. 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
$9,507,334
Other Funds
$9,507,334
Other Funds - Not Specifically Identified
$9,507,334
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
$98,825,719
Federal Funds and Grants
$70,804,214
Federal Funds Not Specifically Identified
$70,804,214
Other Funds
$8,760,000
Other Funds - Not Specifically Identified
$8,760,000
State Funds
$19,261,505
State General Funds
$19,261,505
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$17,806,918
$93,771,132
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$232,009
$232,009
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$220,312
$220,312
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$2,178
$2,178
Reflect an adjustment in Teamworks billings.
$5,687
$5,687
Increase funds to reflect an adjustment in telecommunications expenses.
$52,592
$52,592
Transfer funds from the Georgia Vocational Rehabilitation Agency: Departmental Administration program to provide additional services to consumers.
$71,809
$71,809
Increase funds to assist training and employment support for Georgians with disabilities.
$900,000
$4,500,000
Remove one-time funds for Friends of Disabled Adults and Children (FODAC) for equipment.
($30,000)
($30,000)
Amount appropriated in this Act
$19,261,505
$98,825,719
1321
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JOURNAL OF THE HOUSE
27.29. Georgia Vocational Rehabilitation Agency: Roosevelt Warm Springs
Medical Hospital
Purpose: The purpose of this appropriation is to provide rehabilitative and
medical care for individuals to return to the most independent lifestyle
possible.
Total Funds
$20,588,965
Other Funds
$18,519,922
Other Funds - Not Specifically Identified
$18,519,922
State Funds
$2,069,043
State General Funds
$2,069,043
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
$21,366,321 $1,035,108 $1,035,108
$339,026 $334,026
$5,000 $19,992,187 $19,992,187
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
$1,862,331
State Funds
$1,862,331
State General Funds
$1,862,331
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,812,192
$1,812,192
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$33,932
$33,932
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$12,554
$12,554
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$4,205
$4,205
Reflect an adjustment in Teamworks billings.
($552)
($552)
Amount appropriated in this Act
$1,862,331
$1,862,331
THURSDAY, FEBRUARY 26, 2015
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
$789,431
State Funds
$789,431
State General Funds
$789,431
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$774,303
$774,303
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$8,759
$8,759
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$5,284
$5,284
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$1,085
$1,085
Amount appropriated in this Act
$789,431
$789,431
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
$8,304,918
Federal Funds and Grants
$1,028,632
Federal Funds Not Specifically Identified
$1,028,632
Other Funds
$339,026
Agency Funds
$334,026
Other Funds - Not Specifically Identified
$5,000
State Funds
$6,937,260
State General Funds
$6,937,260
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$7,089,780
$8,149,285
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$95,618
$95,618
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$48,167
$48,167
1323
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JOURNAL OF THE HOUSE
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Replace state funds used for manufactured housing inspections and regulatory activities with available federal funds.
Amount appropriated in this Act
$11,848 ($308,153) $6,937,260
$11,848 $0
$8,304,918
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
$686,739
State Funds
$686,739
State General Funds
$686,739
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$670,948
$670,948
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$10,084
$10,084
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$4,457
$4,457
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$1,250
$1,250
Amount appropriated in this Act
$686,739
$686,739
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
$9,722,902
Federal Funds and Grants
$6,476
Federal Funds Not Specifically Identified
$6,476
State Funds
$9,716,426
State General Funds
$9,716,426
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$5,277,604
$5,277,604
THURSDAY, FEBRUARY 26, 2015
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Transfer funds, 55 positions, and five motor vehicles from the Special Fraud program.
Amount appropriated in this Act
$141,314 $65,633
$17,510
$4,214,365 $9,716,426
$141,314 $65,633
$17,510
$4,220,841 $9,722,902
28.6. Special Fraud
Purpose: The purpose of this appropriation is to identify and take appropriate
action to deter insurance fraud.
Total Funds
$0
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$4,214,365
$4,220,841
Transfer funds, 55 positions, and five motor vehicles to the Insurance Regulation program.
($4,214,365)
($4,220,841)
Amount appropriated in this Act
$0
$0
1325
Section 29: Investigation, Georgia Bureau of Total Funds Federal Funds and Grants Temporary Assistance for Needy Families Block Grant (CFDA 93.558) Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds
$174,367,167 $30,583,872 $991,680 $29,592,192 $23,088,236 $23,088,236
$120,695,059 $120,695,059
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
$7,904,218
Federal Funds and Grants
$12,600
Federal Funds Not Specifically Identified
$12,600
State Funds
$7,891,618
State General Funds
$7,891,618
1326
JOURNAL OF THE HOUSE
The above amounts include the following adjustments, additions, and deletions to the previous
appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as
$7,683,937
$7,696,537
amended
Increase funds to reflect an adjustment in the employer
$58,996
$58,996
share of the Employees' Retirement System.
Provide funds for merit-based pay adjustments and
$30,604
$30,604
employee recruitment and retention initiatives effective
July 1, 2015.
Reflect an adjustment to agency premiums for
($739)
($739)
Department of Administrative Services administered
self insurance programs.
Reflect an adjustment in Teamworks billings.
$26,490
$26,490
Increase funds to reflect an adjustment in
$92,330
$92,330
telecommunications expenses.
Amount appropriated in this Act
$7,891,618
$7,904,218
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
$10,825,343
Federal Funds and Grants
$123,685
Federal Funds Not Specifically Identified
$123,685
Other Funds
$6,308,894
Other Funds - Not Specifically Identified
$6,308,894
State Funds
$4,392,764
State General Funds
$4,392,764
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$4,221,183
$10,653,762
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$53,422
$53,422
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$24,223
$24,223
Increase funds to reflect an adjustment in telecommunications expenses.
$93,936
$93,936
Amount appropriated in this Act
$4,392,764
$10,825,343
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
THURSDAY, FEBRUARY 26, 2015
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
$33,113,327
Federal Funds and Grants
$66,131
Federal Funds Not Specifically Identified
$66,131
Other Funds
$157,865
Other Funds - Not Specifically Identified
$157,865
State Funds
$32,889,331
State General Funds
$32,889,331
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$31,759,867
$31,983,863
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$372,406
$372,406
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$180,998
$180,998
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($4,296)
($4,296)
Increase funds to reflect an adjustment in telecommunications expenses.
$100,272
$100,272
Increase funds for personal services for retention and recruitment initiatives for Medical Examiner positions.
$480,084
$480,084
Amount appropriated in this Act
$32,889,331
$33,113,327
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
$37,312,539
Federal Funds and Grants
$1,157,065
Federal Funds Not Specifically Identified
$1,157,065
Other Funds
$71,199
Other Funds - Not Specifically Identified
$71,199
State Funds
$36,084,275
State General Funds
$36,084,275
1327
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The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $33,656,496
$34,884,760
amended
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$494,210
$494,210
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$206,556
$206,556
Reflect an adjustment to agency premiums for Department of Administrative Services administered
($3,935)
($3,935)
self insurance programs.
Increase funds to reflect an adjustment in
$96,186
$96,186
telecommunications expenses.
Increase funds for eight agents to specialize in elder abuse cases.
$1,634,762
$1,634,762
Amount appropriated in this Act
$36,084,275
$37,312,539
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
$73,409,290
Federal Funds and Grants
$29,224,391
Temporary Assistance for Needy Families Block Grant
(CFDA 93.558)
$991,680
Federal Funds Not Specifically Identified
$28,232,711
Other Funds
$16,550,278
Other Funds - Not Specifically Identified
$16,550,278
State Funds
$27,634,621
State General Funds
$27,634,621
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$22,621,671
$68,396,340
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$11,390
$11,390
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$5,022
$5,022
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($3,462)
($3,462)
THURSDAY, FEBRUARY 26, 2015
Increase funds for the Accountability Courts Funding Committee to enter into an agreement with the Department of Behavioral Health and Developmental Disabilities to provide fidelity reviews on treatment providers, and two mental health liaison positions to coordinate treatment between the agency and the courts.
Increase funds for the Accountability Courts Granting Committee to enter into an agreement with the Department of Corrections to provide transportation services for offenders to attend prescribed treatment and court, and to expand and support probation Day Reporting Centers.
Increase funds for the Accountability Courts Granting Committee to expand and create adult felony drug courts.
Increase funds for the Accountability Courts Granting Committee to expand and create family dependent drug courts.
Increase funds for the Accountability Courts Granting Committee to expand and create mental health accountability courts.
Increase funds for the Accountability Courts Granting Committee to expand DUI accountability courts.
Increase funds for the Accountability Courts Granting Committee to expand existing courts and provide the state match to implement and support new veterans' courts.
Increase funds for the Accountability Courts Granting Committee to expand juvenile drug accountability courts.
Increase funds for the Juvenile Justice Incentive Grant Program Funding Committee to expand the Juvenile Incentive Funding Grant program to provide fiscal incentives to communities to create and utilize community based options for juvenile offenders.
Amount appropriated in this Act
$450,000
$981,815
$1,097,713 $215,975 $220,280 $199,094 $593,018 $122,105
$1,120,000
$27,634,621
$450,000
$981,815
$1,097,713 $215,975 $220,280 $199,094 $593,018 $122,105
$1,120,000
$73,409,290
29.6. Criminal Justice Coordinating Council: Family Violence
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
$11,802,450
State Funds
$11,802,450
State General Funds
$11,802,450
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as
$0
$0
amended
Transfer funds from the Department of Human Services' Family Violence Services program to align the administration of Family Violence activities.
$11,802,450
$11,802,450
1329
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JOURNAL OF THE HOUSE
Amount appropriated in this Act
$11,802,450
$11,802,450
Section 30: Juvenile Justice, Department of Total Funds Federal Funds and Grants Foster Care Title IV-E (CFDA 93.658) Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds
$319,115,302 $5,981,599 $1,531,226 $4,450,373 $432,243 $432,243
$312,701,460 $312,701,460
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
$87,851,592
Federal Funds and Grants
$1,373,480
Foster Care Title IV-E (CFDA 93.658)
$1,373,480
Other Funds
$351,158
Other Funds - Not Specifically Identified
$351,158
State Funds
$86,126,954
State General Funds
$86,126,954
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$83,678,879
$85,403,517
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$739,979
$739,979
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$368,744
$368,744
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($194,072)
($194,072)
Reflect an adjustment in Teamworks billings.
$33,424
$33,424
THURSDAY, FEBRUARY 26, 2015
Transfer funds from the Secure Detention (RYDCs) program for Juvenile Justice Reform initiatives.
Amount appropriated in this Act
$1,500,000 $86,126,954
$1,500,000 $87,851,592
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
$24,550,158
Federal Funds and Grants
$1,004,957
Foster Care Title IV-E (CFDA 93.658)
$157,746
Federal Funds Not Specifically Identified
$847,211
Other Funds
$15,299
Other Funds - Not Specifically Identified
$15,299
State Funds
$23,529,902
State General Funds
$23,529,902
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$23,236,761
$24,257,017
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$207,229
$207,229
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$111,878
$111,878
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($36,779)
($36,779)
Reflect an adjustment in Teamworks billings.
$10,813
$10,813
Amount appropriated in this Act
$23,529,902
$24,550,158
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, or convicted of an offense under Senate Bill 440.
Total Funds
$95,830,515
Federal Funds and Grants
$2,035,102
Federal Funds Not Specifically Identified
$2,035,102
Other Funds
$23,589
Other Funds - Not Specifically Identified
$23,589
State Funds
$93,771,824
State General Funds
$93,771,824
1331
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JOURNAL OF THE HOUSE
The above amounts include the following adjustments, additions, and deletions to the previous
appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $90,797,738
$92,856,429
amended
Increase funds to reflect an adjustment in the employer
$924,998
$924,998
share of the Employees' Retirement System.
Provide funds for merit-based pay adjustments and
$461,350
$461,350
employee recruitment and retention initiatives effective
July 1, 2015.
Reflect an adjustment to agency premiums for
($287,113)
($287,113)
Department of Administrative Services administered
self insurance programs.
Reflect an adjustment in Teamworks billings.
$33,377
$33,377
Annualize funds for 77 positions and operating expenses $1,841,474
$1,841,474
for the Bill Ireland Youth Development Campus.
Amount appropriated in this Act
$93,771,824
$95,830,515
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, or sentenced to the Short Term Program.
Total Funds
$110,883,037
Federal Funds and Grants
$1,568,060
Federal Funds Not Specifically Identified
$1,568,060
Other Funds
$42,197
Other Funds - Not Specifically Identified
$42,197
State Funds
$109,272,780
State General Funds
$109,272,780
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $109,205,033 amended
$110,815,290
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$1,294,207
$1,294,207
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$609,483
$609,483
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($377,680)
($377,680)
Reflect an adjustment in Teamworks billings.
$41,737
$41,737
Transfer funds to the Community Services program for Juvenile Justice Reform initiatives.
($1,500,000)
($1,500,000)
Amount appropriated in this Act
$109,272,780
$110,883,037
THURSDAY, FEBRUARY 26, 2015
1333
Section 31: Labor, 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
$137,173,684 $122,923,864 $122,923,864
$1,069,666 $1,069,666 $13,039,881 $13,039,881
$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
$33,090,450
Federal Funds and Grants
$31,312,292
Federal Funds Not Specifically Identified
$31,312,292
State Funds
$1,637,885
State General Funds
$1,637,885
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 appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,600,435
$33,053,000
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$2,622
$2,622
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$7,018
$7,018
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$142
$142
Reflect an adjustment in Teamworks billings.
$27,668
$27,668
Amount appropriated in this Act
$1,637,885
$33,090,450
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
1334
JOURNAL OF THE HOUSE
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
$38,827,751
Federal Funds and Grants
$34,599,186
Federal Funds Not Specifically Identified
$34,599,186
State Funds
$4,228,565
State General Funds
$4,228,565
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$4,365,000
$38,964,186
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$47,840
$47,840
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$17,164
$17,164
Transfer funds to the Workforce Solutions program to align budget with activities associated with the regulation of youth employment.
($201,439)
($201,439)
Utilize existing state funds for the collection of administrative assessments. (H:Yes)
$0
$0
Amount appropriated in this Act
$4,228,565
$38,827,751
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
$63,005,610
Federal Funds and Grants
$54,762,513
Federal Funds Not Specifically Identified
$54,762,513
Other Funds
$1,069,666
Other Funds - Not Specifically Identified
$1,069,666
State Funds
$7,173,431
State General Funds
$7,173,431
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$6,727,369
$62,559,548
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$11,049
$11,049
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$15,258
$15,258
THURSDAY, FEBRUARY 26, 2015
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Increase funds for six positions and personal services for the Customized Recruitment program to support additional economic development efforts. (H:Increase funds for three positions for the Customized Recruitment program.)
Transfer funds from the Unemployment Insurance program to align budget with activities associated with the regulation of youth employment.
Amount appropriated in this Act
$597 $217,719
$201,439 $7,173,431
$597 $217,719
$201,439 $63,005,610
1335
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 There is hereby appropriated to the Department of Law 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 Department of Law for consumer protection for all the purposes for which such moneys may be appropriated pursuant to Article 28.
32.1. 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
$5,486,395
Other Funds
$667,689
Other Funds - Not Specifically Identified
$667,689
State Funds
$4,818,706
State General Funds
$4,818,706
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as
$0
$0
amended
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$98,063
$98,063
$67,717,409 $3,597,990 $3,597,990 $37,256,814 $37,256,814 $26,862,605 $26,862,605
1336
JOURNAL OF THE HOUSE
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Transfer funds, 65 positions, and 2 vehicles from the Office of the Governor for administering the Governor's Office of Consumer Protection program.
Amount appropriated in this Act
$33,893 $11,475 $4,675,275 $4,818,706
$33,893 $11,475 $5,342,964 $5,486,395
32.2. 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
$57,322,845
Other Funds
$36,587,014
Other Funds - Not Specifically Identified
$36,587,014
State Funds
$20,735,831
State General Funds
$20,735,831
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$19,958,526
$56,545,540
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$341,051
$341,051
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$181,090
$181,090
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$101,450
$101,450
Reflect an adjustment in Teamworks billings.
$95,708
$95,708
Increase funds for one vacant attorney position to mitigate future Special Assistant Attorney General expenses.
$58,006
$58,006
Amount appropriated in this Act
$20,735,831
$57,322,845
32.3. 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
$4,908,169
Federal Funds and Grants
$3,597,990
Federal Funds Not Specifically Identified
$3,597,990
THURSDAY, FEBRUARY 26, 2015
Other Funds
$2,111
Other Funds - Not Specifically Identified
$2,111
State Funds
$1,308,068
State General Funds
$1,308,068
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,283,836
$4,883,937
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$15,080
$15,080
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$6,846
$6,846
Reflect an adjustment in Teamworks billings.
$2,306
$2,306
Amount appropriated in this Act
$1,308,068
$4,908,169
1337
Section 33: Natural Resources, Department of
Total Funds
Federal Funds and Grants
Federal Highway Administration Highway Planning and Construction
(CFDA 20.205)
Federal Funds Not Specifically Identified Federal Recovery Funds
Federal Recovery Funds Not Specifically Identified Other Funds
Agency Funds Other Funds - Not Specifically Identified State Funds
State General Funds 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.
$246,864,003 $46,264,058
$11,607
$46,252,451 $246,480 $246,480
$97,034,284 $23,957,835 $73,076,449 $103,319,181 $103,319,181
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
1338
JOURNAL OF THE HOUSE
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
$7,300,462
Federal Funds and Grants
$5,054,621
Federal Funds Not Specifically Identified
$5,054,621
Other Funds
$107,925
Other Funds - Not Specifically Identified
$107,925
State Funds
$2,137,916
State General Funds
$2,137,916
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$2,100,911
$7,263,457
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$26,725
$26,725
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$9,749
$9,749
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$531
$531
Amount appropriated in this Act
$2,137,916
$7,300,462
33.2. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support for all programs of the department.
Total Funds
$11,961,397
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
$11,812,332
State General Funds
$11,812,332
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$11,648,802
$11,797,867
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$90,466
$90,466
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$48,728
$48,728
THURSDAY, FEBRUARY 26, 2015
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Reflect an adjustment in Teamworks billings.
Amount appropriated in this Act
$1,553
$22,783 $11,812,332
$1,553
$22,783 $11,961,397
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
$110,991,150
Federal Funds and Grants
$24,664,297
Federal Funds Not Specifically Identified
$24,664,297
Federal Recovery Funds
$246,480
Federal Recovery Funds Not Specifically Identified
$246,480
Other Funds
$55,793,855
Agency Funds
$23,957,835
Other Funds - Not Specifically Identified
$31,836,020
State Funds
$30,286,518
State General Funds
$30,286,518
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$29,550,306
$110,254,938
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$309,842
$309,842
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$176,205
$176,205
1339
1340
JOURNAL OF THE HOUSE
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Transfer funds from the Soil and Water Conservation Commission for the U.S.D.A Flood Control Watershed Structures and Water Resources and Land Use Planning programs to consolidate soil and water conservation activities.
Utilize existing funds of $2,610,000 for water-related studies and Regional Plan updates. (H:Yes)
Utilize existing funds of $416,726 for five positions and operations for the Safe Dams Unit. (H:Yes)
Amount appropriated in this Act
$17,943 $232,222
$0 $0 $30,286,518
$17,943 $232,222
$0 $0 $110,991,150
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
$4,027,423
State Funds
$4,027,423
State General Funds
$4,027,423
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
$2,649,785
Federal Funds and Grants
$1,020,787
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$11,607
Federal Funds Not Specifically Identified
$1,009,180
State Funds
$1,628,998
State General Funds
$1,628,998
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,603,878
$2,624,665
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$13,947
$13,947
THURSDAY, FEBRUARY 26, 2015
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Amount appropriated in this Act
$10,528 $645
$1,628,998
$10,528 $645
$2,649,785
33.6. Law Enforcement
Purpose: The purpose of this appropriation is to enforce all state and federal
laws and departmental regulations relative to protecting Georgia's wildlife,
natural, archeological, and cultural resources, DNR properties, boating safety,
and litter and waste laws; to teach hunter and boater education classes; and to
assist other law enforcement agencies upon request in providing public safety
for the citizens and visitors of Georgia.
Total Funds
$20,426,514
Federal Funds and Grants
$2,248,458
Federal Funds Not Specifically Identified
$2,248,458
Other Funds
$3,657
Other Funds - Not Specifically Identified
$3,657
State Funds
$18,174,399
State General Funds
$18,174,399
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$17,490,026
$19,742,141
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$270,063
$270,063
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$85,278
$85,278
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$6,836
$6,836
Transfer funds, four filled positions, and four vacant positions from the Parks, Recreation and Historic Sites program to continue the consolidation of law enforcement activities.
$322,196
$322,196
Amount appropriated in this Act
$18,174,399
$20,426,514
33.7. 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
$48,867,583
Federal Funds and Grants
$1,704,029
Federal Funds Not Specifically Identified
$1,704,029
1341
1342
JOURNAL OF THE HOUSE
Other Funds
$32,391,791
Other Funds - Not Specifically Identified
$32,391,791
State Funds
$14,771,763
State General Funds
$14,771,763
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$14,710,117
$48,034,137
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$49,244
$49,244
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$87,528
$87,528
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$1,566
$1,566
Reflect debt service payments from the North Georgia Mountains Authority for bonds to be sold in 2016.
$0
$771,800
Replace payments from the North Georgia Mountain Authority with state general funds to reflect fulfilled debt service obligations.
$793,504
$793,504
Transfer funds, four filled positions, and four vacant positions to the Law Enforcement program to continue the consolidation of law enforcement activities.
($322,196)
($322,196)
Eliminate one-time funds for outdoor recreational facilities.
($548,000)
($548,000)
Amount appropriated in this Act
$14,771,763
$48,867,583
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
$2,720,775
State Funds
$2,720,775
State General Funds
$2,720,775
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 promulgate
statewide hunting, fishing, trapping, and coastal commercial fishing
regulations; to operate the state's archery and shooting ranges; to license
hunters and anglers; and to register boats.
Total Funds
$37,918,914
Federal Funds and Grants
$11,461,866
THURSDAY, FEBRUARY 26, 2015
Federal Funds Not Specifically Identified
$11,461,866
Other Funds
$8,697,991
Other Funds - Not Specifically Identified
$8,697,991
State Funds
$17,759,057
State General Funds
$17,759,057
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$17,164,685
$37,324,542
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$207,360
$207,360
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$80,074
$80,074
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$6,938
$6,938
Increase funds for nongame conservation projects focused on at-risk species assessment and recovery.
$300,000
$300,000
Amount appropriated in this Act
$17,759,057
$37,918,914
1343
Section 34: Pardons and Paroles, State Board of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds
$56,704,119 $806,050 $806,050
$55,898,069 $55,898,069
34.1. Board Administration
Purpose: The purpose of this appropriation is to provide administrative support for the agency.
Total Funds
$5,162,055
State Funds
$5,162,055
State General Funds
$5,162,055
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$5,085,089
$5,085,089
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$53,117
$53,117
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$24,651
$24,651
1344
JOURNAL OF THE HOUSE
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Reflect an adjustment in Teamworks billings.
Amount appropriated in this Act
$2,755
($3,557) $5,162,055
$2,755
($3,557) $5,162,055
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
$12,457,329
State Funds
$12,457,329
State General Funds
$12,457,329
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$12,179,555
$12,179,555
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$190,329
$190,329
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$87,445
$87,445
Amount appropriated in this Act
$12,457,329
$12,457,329
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
$38,602,625
Federal Funds and Grants
$806,050
Federal Funds Not Specifically Identified
$806,050
State Funds
$37,796,575
State General Funds
$37,796,575
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$36,434,405
$37,240,455
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$509,299
$509,299
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$234,417
$234,417
THURSDAY, FEBRUARY 26, 2015
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Increase funds for one reentry housing coordinator position.
Increase funds to provide intensive supervision at six targeted pilot sites as part of the Georgia Prison Reentry Initiative.
Increase funds to recalibrate the existing offender supervision risk assessment tool to reflect changes resulting from Criminal Justice reform.
Amount appropriated in this Act
$7,394 $68,928 $467,132 $75,000 $37,796,575
$7,394 $68,928 $467,132 $75,000 $38,602,625
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
$482,110
State Funds
$482,110
State General Funds
$482,110
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$472,496
$472,496
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$6,884
$6,884
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$2,730
$2,730
Amount appropriated in this Act
$482,110
$482,110
1345
Section 35: Properties Commission, State Total Funds Other Funds Other Funds - Not Specifically Identified Prior Year Funds - Other
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.
$1,750,000 $1,750,000 $1,699,337
$50,663
1346
JOURNAL OF THE HOUSE
Total Funds Other Funds
Other Funds - Not Specifically Identified Prior Year Funds - Other
$1,750,000 $1,750,000 $1,699,337
$50,663
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 appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as
$0
$0
amended
Eliminate the payment to the Office of the State Treasurer. (Total Funds: $845,934) (H:Yes)
$0
$0
Amount appropriated in this Act
$0
$0
Section 36: Public Defender Standards Council, Georgia Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds
$49,126,168 $340,000 $340,000
$48,786,168 $48,786,168
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
$7,426,469
Other Funds
$340,000
Other Funds - Not Specifically Identified
$340,000
State Funds
$7,086,469
State General Funds
$7,086,469
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$6,564,859
$6,904,859
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$81,210
$81,210
THURSDAY, FEBRUARY 26, 2015
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. Reflect an adjustment in Teamworks billings. Increase funds for contracts for capital conflict cases.
Amount appropriated in this Act
$35,810
$29,590 $375,000 $7,086,469
$35,810
$29,590 $375,000 $7,426,469
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
$41,699,699
State Funds
$41,699,699
State General Funds
$41,699,699
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$36,107,805
$36,107,805
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$515,650
$515,650
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$223,973
$223,973
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$136
$136
Increase funds for contracts for conflict cases.
$3,625,000
$3,625,000
Annualize funds for two Assistant Public Defenders to reflect the new judgeships in the Coweta and Waycross Judicial Circuits as provided in HB 744 (2014 Session).
$72,176
$72,176
Provide funds for an Assistant Public Defender to reflect the new judgeship in the Western Judicial Circuit starting April 1, 2016.
$18,044
$18,044
Increase funds for a $15,000 salary enhancement to Circuit Public Defenders salaries.
$1,136,915
$1,136,915
Amount appropriated in this Act
$41,699,699
$41,699,699
1347
Section 37: Public Health, Department of Total Funds Federal Funds and Grants Maternal and Child Health Services Block Grant (CFDA 93.994) Preventive Health and Health Services Block Grant (CFDA 93.991) Temporary Assistance for Needy Families Block Grant (CFDA 93.558) Federal Funds Not Specifically Identified
$650,121,627 $396,102,084
$16,514,606 $2,403,579 $10,404,529 $366,779,370
1348
JOURNAL OF THE HOUSE
Other Funds Agency Funds Other Funds - Not Specifically Identified
State Funds Brain and Spinal Injury Trust Fund State General Funds Tobacco Settlement Funds
$13,816,542 $644,830
$13,171,712 $240,203,001
$1,458,567 $225,026,574
$13,717,860
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
$30,856,775
Federal Funds and Grants
$19,467,781
Maternal and Child Health Services Block Grant (CFDA
93.994)
$516,828
Preventive Health and Health Services Block Grant
(CFDA 93.991)
$149,000
Temporary Assistance for Needy Families Block Grant $10,404,529
(CFDA 93.558)
Federal Funds Not Specifically Identified
$8,397,424
Other Funds
$745,000
Other Funds - Not Specifically Identified
$745,000
State Funds
$10,643,994
State General Funds
$3,786,815
Tobacco Settlement Funds
$6,857,179
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$10,542,451
$30,755,232
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$15,493
$15,493
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$11,050
$11,050
Provide matching funds for the Georgiacancerinfo.org website.
$75,000
$75,000
Amount appropriated in this Act
$10,643,994
$30,856,775
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
$6,913,249
THURSDAY, FEBRUARY 26, 2015
Federal Funds and Grants Preventive Health and Health Services Block Grant
(CFDA 93.991)
State Funds Tobacco Settlement Funds
$300,000 $300,000 $6,613,249 $6,613,249
37.3. Departmental Administration
Purpose: The purpose of this appropriation is to provide administrative
support to all departmental programs.
Total Funds
$34,787,835
Federal Funds and Grants
$8,503,373
Preventive Health and Health Services Block Grant
(CFDA 93.991)
$1,266,938
Federal Funds Not Specifically Identified
$7,236,435
Other Funds
$3,945,000
Other Funds - Not Specifically Identified
$3,945,000
State Funds
$22,339,462
State General Funds
$22,207,667
Tobacco Settlement Funds
$131,795
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$21,816,322
$34,264,695
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$388,157
$388,157
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$173,557
$173,557
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($92,918)
($92,918)
Reflect an adjustment in Teamworks billings.
$54,344
$54,344
Amount appropriated in this Act
$22,339,462
$34,787,835
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
$29,266,227
Federal Funds and Grants
$23,675,473
Preventive Health and Health Services Block Grant
(CFDA 93.991)
$200,000
Federal Funds Not Specifically Identified
$23,475,473
Other Funds
$171,976
Other Funds - Not Specifically Identified
$171,976
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State Funds
$5,418,778
State General Funds
$5,418,778
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$2,531,764
$26,379,213
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$35,315
$35,315
Provide funds for merit-based pay adjustments and
$17,646
$17,646
employee recruitment and retention initiatives effective
July 1, 2015.
Increase funds to reflect the movement of statutory responsibilities from the GA Trauma Commission (SB 60, 2007 Session).
$2,834,053
$2,834,053
Amount appropriated in this Act
$5,418,778
$29,266,227
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
$11,187,121
Federal Funds and Grants
$6,749,343
Preventive Health and Health Services Block Grant
(CFDA 93.991)
$196,750
Federal Funds Not Specifically Identified
$6,552,593
Other Funds
$25,156
Agency Funds
$25,156
State Funds
$4,412,622
State General Funds
$4,296,985
Tobacco Settlement Funds
$115,637
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$4,382,990
$11,157,489
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$19,961
$19,961
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$9,671
$9,671
Amount appropriated in this Act
$4,412,622
$11,187,121
37.6. Immunization
Purpose: The purpose of this appropriation is to provide immunization,
consultation, training, assessment, vaccines, and technical assistance.
Total Funds
$9,238,894
Federal Funds and Grants
$2,061,486
THURSDAY, FEBRUARY 26, 2015
Federal Funds Not Specifically Identified
$2,061,486
Other Funds
$4,649,702
Other Funds - Not Specifically Identified
$4,649,702
State Funds
$2,527,706
State General Funds
$2,527,706
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$2,520,627
$9,231,815
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$4,659
$4,659
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$2,420
$2,420
Amount appropriated in this Act
$2,527,706
$9,238,894
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
$47,198,716
Federal Funds and Grants
$22,745,978
Maternal and Child Health Services Block Grant (CFDA
93.994)
$8,605,171
Preventive Health and Health Services Block Grant
(CFDA 93.991)
$132,509
Federal Funds Not Specifically Identified
$14,008,298
Other Funds
$3,618,978
Agency Funds
$9,403
Other Funds - Not Specifically Identified
$3,609,575
State Funds
$20,833,760
State General Funds
$20,833,760
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$20,750,225
$43,580,606
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$22,692
$22,692
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$10,843
$10,843
Increase funds for the Georgia Comprehensive Sickle Cell Center.
$50,000
$50,000
Utilize other funds to provide therapies for children with congenital disorders pursuant to O.C.G.A. 31-12-9.
$0
$3,534,575
Amount appropriated in this Act
$20,833,760
$47,198,716
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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
$276,529,312
Federal Funds and Grants
$263,629,246
Maternal and Child Health Services Block Grant (CFDA
93.994)
$7,392,607
Federal Funds Not Specifically Identified
$256,236,639
Other Funds
$86,587
Agency Funds
$49,137
Other Funds - Not Specifically Identified
$37,450
State Funds
$12,813,479
State General Funds
$12,813,479
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$12,760,063
$276,475,896
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$37,764
$37,764
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$15,652
$15,652
Amount appropriated in this Act
$12,813,479
$276,529,312
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
$79,637,061
Federal Funds and Grants
$47,927,661
Federal Funds Not Specifically Identified
$47,927,661
Other Funds
$13,009
Other Funds - Not Specifically Identified
$13,009
State Funds
$31,696,391
State General Funds
$31,696,391
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$31,510,791
$79,451,461
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$129,299
$129,299
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$56,301
$56,301
Amount appropriated in this Act
$31,696,391
$79,637,061
THURSDAY, FEBRUARY 26, 2015
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
$4,848,548
Federal Funds and Grants
$511,063
Preventive Health and Health Services Block Grant
(CFDA 93.991)
$158,382
Federal Funds Not Specifically Identified
$352,681
Other Funds
$561,134
Agency Funds
$561,134
State Funds
$3,776,351
State General Funds
$3,776,351
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$3,714,938
$4,787,135
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$43,098
$43,098
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$18,315
$18,315
Amount appropriated in this Act
$3,776,351
$4,848,548
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
$100,343,948
State Funds
$100,343,948
State General Funds
$100,343,948
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$93,242,955
$93,242,955
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$3,493,512
$3,493,512
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$2,086,175
$2,086,175
Increase funds for personal services.
$132,315
$132,315
Provide funds for the fifth year phase-in of the new grant-in-aid formula to hold harmless all counties.
$1,388,991
$1,388,991
Amount appropriated in this Act
$100,343,948
$100,343,948
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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
$4,316,933
Federal Funds and Grants
$530,680
Federal Funds Not Specifically Identified
$530,680
State Funds
$3,786,253
State General Funds
$3,786,253
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$3,729,971
$4,260,651
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$38,928
$38,928
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$17,354
$17,354
Amount appropriated in this Act
$3,786,253
$4,316,933
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
$1,458,567
State Funds
$1,458,567
Brain and Spinal Injury Trust Fund
$1,458,567
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,784,064
$1,784,064
Reduce funds to reflect FY 2014 collections.
($325,497)
($325,497)
Utilize prior year funds of $325,497 to maintain budget
$0
$0
at current level. (H:Yes)
Amount appropriated in this Act
$1,458,567
$1,458,567
37.14. Georgia Trauma Care Network Commission
Purpose: The purpose of this appropriation is to establish, maintain, and administer a trauma center network, to coordinate the best use of existing trauma facilities and to direct patients to the best available facility for treatment of traumatic injury and participate in the accountability mechanism
THURSDAY, FEBRUARY 26, 2015
for the entire Georgia trauma system, primarily overseeing the flow of funds
for system improvement.
Total Funds
$13,538,441
State Funds
$13,538,441
State General Funds
$13,538,441
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$16,360,468
$16,360,468
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$8,298
$8,298
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$3,728
$3,728
Transfer funds with associated statutory responsibilities under SB 60 (2007 Session) to the Office of Emergency Medical Services/Trauma.
($2,834,053)
($2,834,053)
Amount appropriated in this Act
$13,538,441
$13,538,441
1355
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
$206,204,066 $24,245,725 $24,245,725 $10,066,212 $10,066,212
$142,852,911 $142,852,911
$29,039,218 $29,039,218
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 transport, and to support local and federal agencies in public safety efforts with aerial surveillance and observation.
Total Funds
$11,447,437
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
$4,104,403
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JOURNAL OF THE HOUSE
State General Funds
$4,104,403
Intra-State Government Transfers
$7,000,000
Other Intra-State Government Payments
$7,000,000
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$3,898,799
$11,241,833
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$41,800
$41,800
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$15,624
$15,624
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($2,178)
($2,178)
Reflect an adjustment in Teamworks billings.
$358
$358
Provide matching funds for the Perry Airport hangar building.
$150,000
$150,000
Amount appropriated in this Act
$4,104,403
$11,447,437
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
$8,809,552
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
$8,664,471
State General Funds
$8,664,471
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$8,483,941
$8,629,022
THURSDAY, FEBRUARY 26, 2015
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Reflect an adjustment in Teamworks billings.
Amount appropriated in this Act
$110,194 $49,090
($8,977)
$30,223 $8,664,471
$110,194 $49,090
($8,977)
$30,223 $8,809,552
38.4. 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
$112,925,167
Federal Funds and Grants
$2,611,501
Federal Funds Not Specifically Identified
$2,611,501
Other Funds
$850,000
Other Funds - Not Specifically Identified
$850,000
State Funds
$101,816,760
State General Funds
$101,816,760
Intra-State Government Transfers
$7,646,906
Other Intra-State Government Payments
$7,646,906
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$89,881,107
$106,750,353
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$1,484,787
$1,484,787
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$561,635
$561,635
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($137,802)
($137,802)
Reflect an adjustment in Teamworks billings.
$884
$884
Increase funds for personal services and operating expenses to meet projected expenditures.
$2,357,184
$2,357,184
Replace other funds from the State Road and Tollway Authority contract with state funds to continue providing highway enforcement along metro-Atlanta corridors.
$6,100,000
$339,161
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Transfer funds, 15 positions, and 17 vehicles from the Troop J Specialty Units program.
Amount appropriated in this Act
$1,568,965 $101,816,760
$1,568,965 $112,925,167
38.5. 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
$21,505,078
Federal Funds and Grants
$2,591,061
Federal Funds Not Specifically Identified
$2,591,061
Other Funds
$7,678,514
Other Funds - Not Specifically Identified
$7,678,514
State Funds
$10,070,258
State General Funds
$10,070,258
Intra-State Government Transfers
$1,165,245
Other Intra-State Government Payments
$1,165,245
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$9,913,578
$21,348,398
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$110,883
$110,883
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$60,816
$60,816
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($18,825)
($18,825)
Reflect an adjustment in Teamworks billings.
$3,806
$3,806
Amount appropriated in this Act
$10,070,258
$21,505,078
38.6. 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
$0
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,568,965
$1,568,965
THURSDAY, FEBRUARY 26, 2015
Transfer funds, 15 positions, and 17 vehicles to the Field Offices and Services program.
Amount appropriated in this Act
($1,568,965) $0
($1,568,965) $0
The following appropriations are for agencies attached for administrative purposes.
38.7. Firefighter 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
$695,864
State Funds
$695,864
State General Funds
$695,864
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$679,657
$679,657
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$11,716
$11,716
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$4,537
$4,537
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($46)
($46)
Amount appropriated in this Act
$695,864
$695,864
38.8. 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
$21,389,288
Federal Funds and Grants
$17,358,120
Federal Funds Not Specifically Identified
$17,358,120
Other Funds
$337,102
Other Funds - Not Specifically Identified
$337,102
State Funds
$3,494,886
State General Funds
$3,494,886
Intra-State Government Transfers
$199,180
Other Intra-State Government Payments
$199,180
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
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Amount from previous Appropriations Act (HB 744) as amended
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Amount appropriated in this Act
State Funds $3,483,719
$7,690 $2,871
$606
$3,494,886
Total Funds $21,378,121
$7,690 $2,871
$606
$21,389,288
38.9. 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
$2,904,319
State Funds
$2,904,319
State General Funds
$2,904,319
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,860,222
$2,418,273
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$21,408
$21,408
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$11,784
$11,784
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$2,472
$2,472
Increase funds for personal services and operating expenses for one hearing officer.
$82,229
$82,229
Increase funds for personal services and operating expenses for one investigator.
$83,330
$83,330
Increase funds for personal services and operating expenses for two certification specialists.
$87,058
$87,058
Replace other funds with state funds for operating expenses.
$755,816
$197,765
Amount appropriated in this Act
$2,904,319
$2,904,319
38.10. Public Safety Training Center Purpose: The purpose of this appropriation is to develop, deliver, and facilitate
THURSDAY, FEBRUARY 26, 2015
training that results in professional and competent public safety services for
the people of Georgia.
Total Funds
$19,154,862
Federal Funds and Grants
$1,300,438
Federal Funds Not Specifically Identified
$1,300,438
Other Funds
$1,097,086
Other Funds - Not Specifically Identified
$1,097,086
State Funds
$11,101,950
State General Funds
$11,101,950
Intra-State Government Transfers
$5,655,388
Other Intra-State Government Payments
$5,655,388
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$10,886,888
$18,939,800
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$135,456
$135,456
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$64,824
$64,824
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$14,782
$14,782
Amount appropriated in this Act
$11,101,950
$19,154,862
1361
Section 39: Public Service Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds
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
$1,382,906
Federal Funds and Grants
$83,500
Federal Funds Not Specifically Identified
$83,500
State Funds
$1,299,406
State General Funds
$1,299,406
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
$9,930,498 $1,343,100 $1,343,100 $8,587,398 $8,587,398
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Amount from previous Appropriations Act (HB 744) as amended
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Provide one-time funds for information technology purchases.
Amount appropriated in this Act
State Funds $1,167,057
$19,136 $12,669
$544
$100,000 $1,299,406
Total Funds $1,250,557
$19,136 $12,669
$544
$100,000 $1,382,906
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
$2,279,828
Federal Funds and Grants
$1,231,100
Federal Funds Not Specifically Identified
$1,231,100
State Funds
$1,048,728
State General Funds
$1,048,728
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,008,888
$2,239,988
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$29,625
$29,625
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$9,128
$9,128
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$1,087
$1,087
Amount appropriated in this Act
$1,048,728
$2,279,828
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
$6,267,764
Federal Funds and Grants
$28,500
THURSDAY, FEBRUARY 26, 2015
Federal Funds Not Specifically Identified
$28,500
State Funds
$6,239,264
State General Funds
$6,239,264
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$5,881,051
$5,909,551
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$82,856
$82,856
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$62,806
$62,806
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$2,551
$2,551
Provide funds to annualize a utilities cost analyst position for the Plant Vogtle project.
$105,000
$105,000
Provide funds for personal services for an Energy, Efficiency and Renewable Energy (EERE) section analyst position.
$105,000
$105,000
Amount appropriated in this Act
$6,239,264
$6,267,764
1363
Section 40: Regents, University System of Georgia Total Funds Other Funds Agency Funds Other Funds - Not Specifically Identified Records Center Storage Fee Research Funds State Funds State General Funds Tobacco Settlement Funds
$6,788,370,543 $4,767,772,976 $2,656,297,691
$5,974,870 $582,288
$2,104,918,127 $2,020,597,567 $2,020,350,409
$247,158
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
$76,047,446
Other Funds
$37,552,919
Agency Funds
$15,552,919
Research Funds
$22,000,000
State Funds
$38,494,527
State General Funds
$38,494,527
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The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $36,858,936
$74,411,855
amended
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$241,710
$241,710
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$236,381
$236,381
Increase funds for the employer share of health
$637,500
$637,500
insurance ($431,760) and retiree health benefits
($205,740).
Provide personal services funding for research and scientist positions, to include: Agronomist ($180,000), Ornamental Horticulturalist ($180,000), and Cotton Physiologist ($160,000).
$520,000
$520,000
Amount appropriated in this Act
$38,494,527
$76,047,446
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
$5,785,273
Other Funds
$5,785,273
Agency Funds
$5,410,273
Research Funds
$375,000
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
$57,371,347
Other Funds
$25,083,929
Agency Funds
$20,856,177
Other Funds - Not Specifically Identified
$477,752
Research Funds
$3,750,000
State Funds
$32,287,418
State General Funds
$32,287,418
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$30,465,088
$55,549,017
THURSDAY, FEBRUARY 26, 2015
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Increase funds for the employer share of health insurance ($701,260) and retiree health benefits ($230,604).
Provide funds for six extension agents in Bryan County, Bulloch County, Carroll County, Crawford County, Colquitt County, and Decatur County. (H:Provide funds for six extension agents.)
Amount appropriated in this Act
$292,653 $237,813 $931,864 $360,000
$32,287,418
$292,653 $237,813 $931,864 $360,000
$57,371,347
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
$18,595,535
Other Funds
$10,475,000
Agency Funds
$10,475,000
State Funds
$8,120,535
State General Funds
$8,120,535
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$7,274,703
$17,749,703
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$17,337
$17,337
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$56,479
$56,479
Increase funds for the employer share of health insurance ($33,565) and retiree health benefits ($8,851).
$42,416
$42,416
Increase funds for three faculty positions and additional space for the Advanced Technology Development Center's (ATDC) Advanced Computing program ($393,603) and transfer funds from the Teaching program for ATDC operating costs ($22,309). (H:Increase funds for the Advanced Technology Development Center.)
$729,600
$729,600
Amount appropriated in this Act
$8,120,535
$18,595,535
40.5. Forestry Cooperative Extension Purpose: The purpose of this appropriation is to provide funding for faculty to
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support instruction and outreach about conservation and sustainable
management of forests and other natural resources.
Total Funds
$1,386,419
Other Funds
$575,988
Agency Funds
$100,000
Research Funds
$475,988
State Funds
$810,431
State General Funds
$810,431
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$502,941
$1,078,929
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$1,381
$1,381
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$3,445
$3,445
Increase funds for the employer share of health insurance.
$2,664
$2,664
Provide personal services funding for research positions to include: Forest Health ($100,000), Wildlife ($80,000), and Economics and Taxation ($120,000).
$300,000
$300,000
Amount appropriated in this Act
$810,431
$1,386,419
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
$12,910,812
Other Funds
$10,250,426
Agency Funds
$590,634
Other Funds - Not Specifically Identified
$659,792
Research Funds
$9,000,000
State Funds
$2,660,386
State General Funds
$2,660,386
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$2,651,747
$12,902,173
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$10,444
$10,444
THURSDAY, FEBRUARY 26, 2015
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. Adjust funds for the employer share of health insurance (($47,743)) and retiree health benefits ($27,768).
Amount appropriated in this Act
$18,170 ($19,975) $2,660,386
$18,170 ($19,975) $12,910,812
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
$5,335,533
Other Funds
$689,281
Agency Funds
$106,993
Records Center Storage Fee
$582,288
State Funds
$4,646,252
State General Funds
$4,646,252
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$4,627,469
$5,316,750
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$5,491
$5,491
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$10,492
$10,492
Adjust funds for the employer share of health insurance (($447)) and retiree health benefits ($3,247).
$2,800
$2,800
Amount appropriated in this Act
$4,646,252
$5,335,533
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
$4,837,326
Other Funds
$4,837,326
Other Funds - Not Specifically Identified
$4,837,326
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.
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Total Funds
$319,706,402
Other Funds
$314,011,962
Research Funds
$314,011,962
State Funds
$5,694,440
State General Funds
$5,694,440
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$5,629,947
$319,641,909
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$4,763
$4,763
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$27,495
$27,495
Increase funds for the employer share of health insurance ($29,300) and retiree health benefits ($2,935).
$32,235
$32,235
Amount appropriated in this Act
$5,694,440
$319,706,402
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
$1,243,710
Other Funds
$486,281
Agency Funds
$118,633
Research Funds
$367,648
State Funds
$757,429
State General Funds
$757,429
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$728,632
$1,214,913
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$4,345
$4,345
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$4,676
$4,676
Increase funds for the employer share of health insurance.
$19,776
$19,776
Amount appropriated in this Act
$757,429
$1,243,710
THURSDAY, FEBRUARY 26, 2015
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
$2,589,238
Other Funds
$1,345,529
Agency Funds
$745,529
Research Funds
$600,000
State Funds
$1,243,709
State General Funds
$1,243,709
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,214,511
$2,560,040
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$10,204
$10,204
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$9,970
$9,970
Increase funds for the employer share of health insurance.
$9,024
$9,024
Amount appropriated in this Act
$1,243,709
$2,589,238
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
$28,840,775
State Funds
$28,840,775
State General Funds
$28,840,775
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$28,569,119
$28,569,119
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$271,656
$271,656
Amount appropriated in this Act
$28,840,775
$28,840,775
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
$38,091,920
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Other Funds
$5,222,400
Agency Funds
$5,222,400
State Funds
$32,869,520
State General Funds
$32,869,520
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$32,310,084
$37,532,484
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$201,955
$201,955
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$194,660
$194,660
Increase funds for the employer share of health insurance.
$4,667
$4,667
Increase funds for the New Directions formula based on an increase in state population.
$158,154
$158,154
Amount appropriated in this Act
$32,869,520
$38,091,920
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
$32,491,972
State Funds
$32,491,972
State General Funds
$32,244,814
Tobacco Settlement Funds
$247,158
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$25,526,120
$25,526,120
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$155,643
$155,643
Transfer $5,097,451 in state general funds and $247,158 in tobacco settlement funds for the Georgia Research Alliance contract from the Innovation and Technology program at the Department of Economic Development.
$5,344,609
$5,344,609
Provide funds to continue the establishment and development of the Georgia Film Academy through a cooperative partnership between the University System and the Technical College System.
$2,565,600
$2,565,600
Increase funds for the Georgia Youth Science and Technology Center.
$300,000
$300,000
Reduce funds for film curriculum development.
($400,000)
($400,000)
Transfer funds for graduate medical education to the Georgia Board for Physician Workforce.
($1,000,000)
($1,000,000)
THURSDAY, FEBRUARY 26, 2015
Amount appropriated in this Act
$32,491,972
$32,491,972
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
$11,894,954
State Funds
$11,894,954
State General Funds
$11,894,954
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$11,549,268
$11,549,268
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$35,746
$35,746
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$26,941
$26,941
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$41,754
$41,754
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$19,798
$19,798
Increase funds for an evaluation and assessment specialist position to ensure that teacher and leader preparation programs within the University System of Georgia are training classroom ready teachers.
$96,000
$96,000
Increase funds for the employer share of health insurance ($65,775) and retiree health benefits ($32,472).
$98,247
$98,247
Increase funds to the Southern Regional Education Board to reflect FY 2016 dues and contract amounts.
$27,200
$27,200
Amount appropriated in this Act
$11,894,954
$11,894,954
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
$5,073,798
Other Funds
$3,800,620
Agency Funds
$1,050,000
Research Funds
$2,750,620
State Funds
$1,273,178
State General Funds
$1,273,178
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
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Amount from previous Appropriations Act (HB 744) as amended
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Increase funds for the employer share of health insurance.
Amount appropriated in this Act
State Funds $1,240,167
$8,401
$8,098
$16,512 $1,273,178
Total Funds $5,040,787
$8,401
$8,098
$16,512 $5,073,798
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
$6,129,409,486
Other Funds
$4,333,156,042
Agency Funds
$2,581,569,133
Research Funds
$1,751,586,909
State Funds
$1,796,253,444
State General Funds
$1,796,253,444
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $1,729,907,930 amended
$6,063,063,972
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$146,493
$146,493
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$15,109,363
$15,109,363
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$10,000,000
$10,000,000
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$1,672,799
$1,672,799
Adjust the debt service payback amount for projects constructed at the Georgia Institute of Technology ($522,717), Georgia State University ($400,378), Gordon College ($189,067), and Southern Polytechnic State University ($198,598).
$1,310,760
$1,310,760
Increase funds for the employer share of health insurance ($16,762,926) and retiree health benefits ($5,307,276).
$22,070,202
$22,070,202
THURSDAY, FEBRUARY 26, 2015
Increase funds to include the Marine Institute program's resident instruction square footage in the Teaching formula.
Increase funds to reflect the change in enrollment and square footage at University System of Georgia Institutions.
Provide funds for advanced manufacturing at Georgia Southern University.
Reduce funds for Georgia Gwinnett College (GGC) to reflect year two of the seven year plan to eliminate the GGC Special Funding Initiative.
Transfer funds for the Advanced Technology Development Center operating costs to the Enterprise Innovation Institute program.
Provide funds for the Military and Academic Training Center in Warner Robins.
Utilize existing funds from the North Georgia regional master plan ($75,000) and provide additional funds ($693,000) for the new University of North Georgia instructional campus site.
Provide funds for statewide economic extension activities.
Amount appropriated in this Act
$169,569 $14,520,637
$1,000,000 ($1,375,000)
($22,309) $1,000,000
$693,000
$50,000 $1,796,253,444
$169,569 $14,520,637
$1,000,000 ($1,375,000)
($22,309) $1,000,000
$693,000
$50,000 $6,129,409,486
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
$2,649,796
State Funds
$2,649,796
State General Funds
$2,649,796
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$2,618,043
$2,618,043
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$13,670
$13,670
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$21,887
$21,887
Adjust funds for the employer share of health insurance (($12,528)) and retiree health benefits ($8,724).
($3,804)
($3,804)
Amount appropriated in this Act
$2,649,796
$2,649,796
40.19. Veterinary Medicine Teaching Hospital Purpose: The purpose of this appropriation is to provide clinical instruction
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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
$14,917,163
Other Funds
$14,500,000
Agency Funds
$14,500,000
State Funds
$417,163
State General Funds
$417,163
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$393,117
$14,893,117
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$3,161
$3,161
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$1,889
$1,889
Increase funds for the employer share of health insurance.
$18,996
$18,996
Amount appropriated in this Act
$417,163
$14,917,163
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
$4,057,790
State Funds
$4,057,790
State General Funds
$4,057,790
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$2,329,780
$2,329,780
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$2,221
$2,221
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$25,614
$25,614
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$24,207
$24,207
THURSDAY, FEBRUARY 26, 2015
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Increase funds for the employer share of health insurance. Increase funds for enrollment growth and training and experience at the Georgia Military College Preparatory School. Provide one-time funds for the design of Historic Jenkins Hall renovation.
Amount appropriated in this Act
$101,350
$225,189 $849,429
$500,000 $4,057,790
$101,350
$225,189 $849,429
$500,000 $4,057,790
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
$15,133,848
State Funds
$15,133,848
State General Funds
$15,133,848
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$14,690,162
$14,690,162
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$99,533
$99,533
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$1,832
$1,832
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$45,375
$45,375
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($5,337)
($5,337)
Reflect an adjustment in Teamworks billings.
$16,883
$16,883
Provide funds for mobile production expenses.
$285,400
$285,400
Amount appropriated in this Act
$15,133,848
$15,133,848
1375
Section 41: Revenue, Department of Total Funds Federal Funds and Grants Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959) Federal Funds Not Specifically Identified State Funds State General Funds Tobacco Settlement Funds
$181,666,352 $819,087 $251,507 $567,580
$180,847,265 $180,413,482
$433,783
1376
JOURNAL OF THE HOUSE
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
$13,968,643
Federal Funds and Grants
$225,580
Federal Funds Not Specifically Identified
$225,580
State Funds
$13,743,063
State General Funds
$13,743,063
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$13,398,198
$13,623,778
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$97,554
$97,554
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$51,048
$51,048
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($11,736)
($11,736)
Reflect an adjustment in Teamworks billings.
$16,721
$16,721
Increase funds to reflect an adjustment in telecommunications expenses.
$191,278
$191,278
Amount appropriated in this Act
$13,743,063
$13,968,643
41.2. Departmental Administration
Purpose: The purpose of this appropriation is to administer and enforce the
tax laws of the State of Georgia and provide general support services to the
operating programs of the Department of Revenue.
Total Funds
$8,077,371
State Funds
$8,077,371
State General Funds
$8,077,371
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$7,916,507
$7,916,507
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$96,290
$96,290
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$44,664
$44,664
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($6,465)
($6,465)
THURSDAY, FEBRUARY 26, 2015
Reflect an adjustment in Teamworks billings. Increase funds to reflect an adjustment in telecommunications expenses.
Amount appropriated in this Act
$11,610 $14,765
$8,077,371
$11,610 $14,765
$8,077,371
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
$14,072,351
State Funds
$14,072,351
State General Funds
$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
$1,250,000
State Funds
$1,250,000
State General Funds
$1,250,000
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;
and conduct checkpoints in areas where reports indicate the use of dyed fuels
in on-road vehicles.
Total Funds
$6,419,856
Federal Funds and Grants
$371,507
Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959)
$251,507
Federal Funds Not Specifically Identified
$120,000
State Funds
$6,048,349
State General Funds
$5,614,566
Tobacco Settlement Funds
$433,783
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$5,943,212
$6,314,719
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$55,977
$55,977
1377
1378
JOURNAL OF THE HOUSE
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Increase funds to reflect an adjustment in telecommunications expenses.
Amount appropriated in this Act
$32,279 ($6,365) $23,246 $6,048,349
$32,279 ($6,365) $23,246 $6,419,856
41.6. Local Government Services
Purpose: The purpose of this appropriation is to assist local tax officials with
the administration of state tax laws and administer the unclaimed property
unit.
Total Funds
$4,873,457
State Funds
$4,873,457
State General Funds
$4,873,457
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$6,184,126
$6,184,126
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$54,091
$54,091
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$26,943
$26,943
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($4,373)
($4,373)
Increase funds to reflect an adjustment in telecommunications expenses.
$22,803
$22,803
Reduce funds for payments for unclaimed property recovery services based on updated payment methodology.
($1,410,133)
($1,410,133)
Amount appropriated in this Act
$4,873,457
$4,873,457
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
$13,011,424
State Funds
$13,011,424
State General Funds
$13,011,424
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$12,859,059
$12,859,059
THURSDAY, FEBRUARY 26, 2015
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reduce funds for the liability on local tax officials' retirement benefits to meet projected expenditures.
Amount appropriated in this Act
$1,189,218 ($1,036,853) $13,011,424
$1,189,218 ($1,036,853) $13,011,424
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
$18,566,913
State Funds
$18,566,913
State General Funds
$18,566,913
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$18,380,959
$18,380,959
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$84,998
$84,998
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$42,237
$42,237
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($11,935)
($11,935)
Increase funds to reflect an adjustment in telecommunications expenses.
$70,654
$70,654
Amount appropriated in this Act
$18,566,913
$18,566,913
41.9. Office of Special Investigations
Purpose: The purpose of this appropriation is to investigate fraudulent
taxpayer and criminal activities involving department efforts.
Total Funds
$3,955,313
State Funds
$3,955,313
State General Funds
$3,955,313
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$3,892,721
$3,892,721
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$45,145
$45,145
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$18,277
$18,277
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($4,277)
($4,277)
1379
1380
JOURNAL OF THE HOUSE
Increase funds to reflect an adjustment in telecommunications expenses.
Amount appropriated in this Act
$3,447 $3,955,313
$3,447 $3,955,313
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
$13,613,917
State Funds
$13,613,917
State General Funds
$13,613,917
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$13,398,047
$13,398,047
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$75,038
$75,038
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$36,577
$36,577
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($9,548)
($9,548)
Increase funds to reflect an adjustment in telecommunications expenses.
$113,803
$113,803
Amount appropriated in this Act
$13,613,917
$13,613,917
41.11. Tax Compliance
Purpose: The purpose of this appropriation is to audit tax accounts, ensure
compliance, and collect on delinquent accounts.
Total Funds
$55,407,645
Federal Funds and Grants
$222,000
Federal Funds Not Specifically Identified
$222,000
State Funds
$55,185,645
State General Funds
$55,185,645
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$52,663,327
$52,885,327
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$527,906
$527,906
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$262,436
$262,436
THURSDAY, FEBRUARY 26, 2015
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Increase funds to reflect an adjustment in telecommunications expenses.
Provide funds for personal services and operations for three pilot projects to maximize the use of data analytics capabilities and improve the efficiency of tax compliance.
By January 1, 2016, the Department of Revenue shall provide a report to the Georgia General Assembly on the progress of the new pilot projects. (H:Yes)
Amount appropriated in this Act
($49,509) $328,731 $1,452,754
$0 $55,185,645
($49,509) $328,731 $1,452,754
$0 $55,407,645
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
$3,127,866
State Funds
$3,127,866
State General Funds
$3,127,866
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$3,064,001
$3,064,001
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$35,662
$35,662
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$16,605
$16,605
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($2,291)
($2,291)
Increase funds to reflect an adjustment in telecommunications expenses.
$13,889
$13,889
Amount appropriated in this Act
$3,127,866
$3,127,866
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
$25,321,596
State Funds
$25,321,596
State General Funds
$25,321,596
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
1381
1382
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 744) as amended
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Increase funds to reflect an adjustment in telecommunications expenses.
Amount appropriated in this Act
State Funds $24,710,887
$166,354 $88,254
($8,852)
$364,953 $25,321,596
Total Funds $24,710,887
$166,354 $88,254
($8,852)
$364,953 $25,321,596
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
$29,339,513 $85,000 $85,000
$4,723,849 $4,723,849 $24,530,664 $24,530,664
42.1. 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
$4,718,558
Other Funds
$3,775,096
Other Funds - Not Specifically Identified
$3,775,096
State Funds
$943,462
State General Funds
$943,462
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$40,514
$3,815,610
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$20,327
$20,327
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$9,270
$9,270
Increase funds for operations to meet projected expenditures.
$873,351
$873,351
Amount appropriated in this Act
$943,462
$4,718,558
THURSDAY, FEBRUARY 26, 2015
42.2. 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
$5,503,942
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
$5,368,942
State General Funds
$5,368,942
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$5,226,157
$5,361,157
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$24,811
$24,811
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$12,158
$12,158
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($13,057)
($13,057)
Reflect an adjustment in Teamworks billings.
($3,245)
($3,245)
Provide funds for four positions and operating expenses to prepare for the future elections. (H:Provide funds for one attorney ($65,130) and one military liaison ($56,988) to prepare for future elections, and transfer two investigator positions ($137,827) to the Investigations program.)
$122,118
$122,118
Amount appropriated in this Act
$5,368,942
$5,503,942
42.3. Investigations
Purpose: The purpose of this appropriation is to enforce the laws and
regulations related to professional licenses, elections, and securities; to
investigate complaints; and to conduct inspections of applicants and existing
license holders.
Total Funds
$2,783,406
State Funds
$2,783,406
State General Funds
$2,783,406
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
1383
1384
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 744) as amended
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Reflect an adjustment in Teamworks billings. Create a new Investigations program and transfer 35 positions, 47 motor vehicles, and operations from the Office Administration program. Provide funds for two investigator positions to prepare for future elections.
Amount appropriated in this Act
State Funds $0
$40,415 $20,910
($25,460)
($5,898) $2,615,612
$137,827 $2,783,406
Total Funds $0
$40,415 $20,910
($25,460)
($5,898) $2,615,612
$137,827 $2,783,406
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
$3,318,228
Other Funds
$15,000
Other Funds - Not Specifically Identified
$15,000
State Funds
$3,303,228
State General Funds
$3,303,228
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$5,980,705
$5,995,705
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$38,800
$38,800
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$19,076
$19,076
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($19,584)
($19,584)
Reflect an adjustment in Teamworks billings.
($4,877)
($4,877)
Create a new Investigations program and transfer 35 positions, 47 motor vehicles, and operations from the Office Administration program.
($2,615,612)
($2,615,612)
Transfer one position and operations for the Georgia Athletic and Entertainment Commission to the Professional Licensing Boards program.
($95,280)
($95,280)
Amount appropriated in this Act
$3,303,228
$3,318,228
THURSDAY, FEBRUARY 26, 2015
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
$8,961,030
Other Funds
$813,753
Other Funds - Not Specifically Identified
$813,753
State Funds
$8,147,277
State General Funds
$8,147,277
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$6,818,847
$7,632,600
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$81,485
$81,485
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$40,619
$40,619
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($58,754)
($58,754)
Reflect an adjustment in Teamworks billings.
($13,816)
($13,816)
Increase funds for operations to meet projected expenditures.
$670,468
$670,468
Transfer one position and operations for the Georgia Athletic and Entertainment Commission from the Office Administration program.
$95,280
$95,280
Increase funds for five call center positions and five professional licensing positions to expedite processing and assist with complaint/compliance activities.
$513,148
$513,148
Amount appropriated in this Act
$8,147,277
$8,961,030
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
$778,645
Other Funds
$50,000
Other Funds - Not Specifically Identified
$50,000
State Funds
$728,645
State General Funds
$728,645
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$604,458
$654,458
1385
1386
JOURNAL OF THE HOUSE
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs. Reflect an adjustment in Teamworks billings.
Increase funds for operations to meet projected expenditures.
Amount appropriated in this Act
$8,792 $5,501
($9,139)
($2,177) $121,210 $728,645
$8,792 $5,501
($9,139)
($2,177) $121,210 $778,645
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
$284,236
Other Funds
$20,000
Other Funds - Not Specifically Identified
$20,000
State Funds
$264,236
State General Funds
$264,236
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$258,600
$278,600
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$3,552
$3,552
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$2,084
$2,084
Amount appropriated in this Act
$264,236
$284,236
42.8. 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
$2,991,468
State Funds
$2,991,468
State General Funds
$2,991,468
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
THURSDAY, FEBRUARY 26, 2015
Amount from previous Appropriations Act (HB 744) as amended
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Amount appropriated in this Act
State Funds $2,948,690
$34,147 $16,036
($7,405)
$2,991,468
Total Funds $2,948,690
$34,147 $16,036
($7,405)
$2,991,468
Section 43: Soil and Water Conservation Commission Total Funds
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
$0
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$724,705
$724,705
Transfer funds and eight positions to the Department of Agriculture to consolidate soil and water conservation activities. (H:Yes; Transfer funds and eight positions to the State Soil and Water Conservation Commission attached to the Department of Agriculture to consolidate soil and water conservation activities.)
($724,705)
($724,705)
Amount appropriated in this Act
$0
$0
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
$0
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$240,208
$1,623,127
1387 $0
1388
JOURNAL OF THE HOUSE
Transfer funds and ten positions to the Department of Agriculture to consolidate soil and water conservation activities. (H:Yes; Transfer funds and ten positions to the State Soil and Water Conservation Commission attached to the Department of Agriculture to consolidate soil and water conservation activities.)
Amount appropriated in this Act
($240,208)
($1,623,127)
$0
$0
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
$0
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,422,937
$1,897,082
Transfer funds and 33 positions to the Department of Agriculture to consolidate soil and water conservation activities. (H:Yes; Transfer funds and 33 positions to the State Soil and Water Conservation Commission attached to the Department of Agriculture to consolidate soil and water conservation activities. )
($1,422,937)
($1,897,082)
Amount appropriated in this Act
$0
$0
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
$0
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$98,502
$98,502
Transfer funds to the Environmental Protection Division in the Department of Natural Resources to consolidate soil and water conservation activities. (H:Yes)
($98,502)
($98,502)
Amount appropriated in this Act
$0
$0
THURSDAY, FEBRUARY 26, 2015
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
$0
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$133,720
$133,720
Transfer funds to the Environmental Protection Division in the Department of Natural Resources to consolidate soil and water conservation activities. (H:Yes)
($133,720)
($133,720)
Amount appropriated in this Act
$0
$0
1389
Section 44: Student Finance Commission, Georgia Total Funds Other Funds Other Funds - Not Specifically Identified State Funds Lottery Funds State General Funds
$710,375,748 $713,673 $713,673
$709,662,075 $656,476,828
$53,185,247
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
$21,392,039
State Funds
$21,392,039
State General Funds
$21,392,039
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$10,501,645
$10,501,645
Increase funds to meet the projected need.
$10,890,394
$10,890,394
Amount appropriated in this Act
$21,392,039
$21,392,039
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
$1,029,000
State Funds
$1,029,000
1390
JOURNAL OF THE HOUSE
State General Funds
$1,029,000
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$785,250
$785,250
Reduce funds to eliminate the scholarship program
$0
$0
while continuing awards to current scholarship
recipients and transfer savings to the Tuition Equalization Grant program. (H:No)
Provide funds to meet the projected need.
$243,750
$243,750
Amount appropriated in this Act
$1,029,000
$1,029,000
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
$1,203,240
State Funds
$1,203,240
State General Funds
$1,203,240
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,094,862
$1,094,862
Increase funds to meet the projected need.
$108,378
$108,378
Amount appropriated in this Act
$1,203,240
$1,203,240
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
$8,440,750
Other Funds
$230,950
Other Funds - Not Specifically Identified
$230,950
State Funds
$8,209,800
THURSDAY, FEBRUARY 26, 2015
Lottery Funds
$8,209,800
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$8,143,119
$8,374,069
Increase funds to reflect an adjustment in the employer
$59,679
$59,679
share of the Employees' Retirement System.
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$3,298
$3,298
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$44,193
$44,193
Reflect an adjustment to agency premiums for
($40,489)
($40,489)
Department of Administrative Services administered self insurance programs.
Amount appropriated in this Act
$8,209,800
$8,440,750
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
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
$109,059,989
State Funds
$109,059,989
Lottery Funds
$109,059,989
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $109,059,989 amended
$109,059,989
Increase HOPE Grant award amount by 3% (103% Factor Rate: $1,597,483). (H:Yes)
$0
$0
Increase the award amount for Zell Miller Grants for
$0
$0
students attending technical colleges ($465,260).
(H:Yes)
Utilize existing funds for the Strategic Industries
$0
$0
Workforce Development Grant to include Computer
Programming, Certified Engineer Assistant, Movie
Production and Set Design, and Precision
Manufacturing certificate and diploma programs
($504,980). (H:Yes)
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JOURNAL OF THE HOUSE
Amount appropriated in this Act
$109,059,989
$109,059,989
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
$47,916,330
State Funds
$47,916,330
Lottery Funds
$47,916,330
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$47,916,330
$47,916,330
Increase the award amount for HOPE Scholarships-
$0
$0
Private Schools by 3% (103% Factor Rate: $1,348,863).
(H:Yes)
Increase the award amount for Zell Miller Scholarships
$0
$0
for students attending private postsecondary institutions
by 3% ($27,058). (H:Yes)
Amount appropriated in this Act
$47,916,330
$47,916,330
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
$463,360,413
State Funds
$463,360,413
Lottery Funds
$463,360,413
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $446,598,286 amended
$446,598,286
Increase the award amount for HOPE ScholarshipsPublic Schools by 3% and increase funds to meet the projected need (103% Factor Rate: $10,050,559).
$16,762,127
$16,762,127
Increase the award amount for Zell Miller Scholarships
$0
$0
for students attending public postsecondary institutions
($1,353,982). (H:Yes)
Amount appropriated in this Act
$463,360,413
$463,360,413
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
THURSDAY, FEBRUARY 26, 2015
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
$17,000,000
State Funds
$17,000,000
Lottery Funds
$17,000,000
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$19,000,000
$19,000,000
Increase funds to meet the projected need. (H:Provide for HOPE funding gap.)
($2,000,000)
($2,000,000)
Amount appropriated in this Act
$17,000,000
$17,000,000
44.11. Low Interest Loans for Technical Colleges
Purpose: The purpose of this appropriation is to assist students with the
affordability of a technical college education.
Total Funds
$10,000,000
State Funds
$10,000,000
Lottery Funds
$9,000,000
State General Funds
$1,000,000
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$10,000,000
$10,000,000
Replace funds. (H:Yes)
$0
$0
Amount appropriated in this Act
$10,000,000
$10,000,000
44.12. 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
$2,308,168
Other Funds
$482,723
Other Funds - Not Specifically Identified
$482,723
State Funds
$1,825,445
State General Funds
$1,825,445
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,517,277
$2,000,000
Increase funds to meet the projected need.
$308,168
$308,168
Amount appropriated in this Act
$1,825,445
$2,308,168
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JOURNAL OF THE HOUSE
44.13. 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
$1,237,500
State Funds
$1,237,500
State General Funds
$1,237,500
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$875,000
$875,000
Increase funds to meet the projected need.
$362,500
$362,500
Amount appropriated in this Act
$1,237,500
$1,237,500
44.14. Public Safety Memorial 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
$600,000
State Funds
$600,000
State General Funds
$600,000
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$376,761
$376,761
Reflect a change in the program name. (H:Yes)
$0
$0
Increase funds to meet the projected need.
$223,239
$223,239
Amount appropriated in this Act
$600,000
$600,000
44.15. REACH Georgia Scholarship
Purpose: The purpose of this appropriation is to provide needs-based scholarships to selected students participating in the REACH Georgia mentorship and scholarship program, which encourages and supports academically promising middle and high school students in their educational pursuits.
Total Funds
$2,000,000
State Funds
$2,000,000
State General Funds
$2,000,000
THURSDAY, FEBRUARY 26, 2015
44.16. Tuition Equalization Grants
Purpose: The purpose of this appropriation is to promote the private segment
of higher education in Georgia by providing non-repayable grant aid to
Georgia residents who attend eligible private postsecondary institutions.
Total Funds
$21,224,952
State Funds
$21,224,952
State General Funds
$21,224,952
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$21,119,952
$21,119,952
Transfer funds from the Engineer Scholarship program ($105,000) and utilize existing funds to increase the award amount from $700 to $900 a year (Total Funds: $2,626,328). (H:Provide funds ($105,000) and utilize existing funds to increase the award amount from $700 to $900 a year (Total Funds: $2,626,328).)
$105,000
$105,000
Amount appropriated in this Act
$21,224,952
$21,224,952
The following appropriations are for agencies attached for administrative purposes.
44.17. 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
$873,071
State Funds
$873,071
State General Funds
$873,071
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$787,683
$787,683
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$6,860
$6,860
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$5,364
$5,364
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($4,836)
($4,836)
Increase funds for a Standards Administrator position to reduce caseload for regulatory oversight.
$78,000
$78,000
Amount appropriated in this Act
$873,071
$873,071
1395
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JOURNAL OF THE HOUSE
Section 45: Teachers' Retirement System Total Funds State Funds State General Funds Intra-State Government Transfers Retirement Payments
It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 14.27% for State Fiscal Year 2016.
$35,352,700 $317,000 $317,000
$35,035,700 $35,035,700
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
$317,000
State Funds
$317,000
State General Funds
$317,000
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$412,000
$412,000
Reduce funds due to the declining population of teachers who qualify for this benefit.
($95,000)
($95,000)
Amount appropriated in this Act
$317,000
$317,000
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.
Total Funds
$35,035,700
Intra-State Government Transfers
$35,035,700
Retirement Payments
$35,035,700
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$0
$34,356,709
Increase other funds for IT contracts ($417,700), computer software ($143,500) and telecommunications ($8,000).
$0
$569,200
Reduce other funds for computer equipment (($330,000)) and training (($10,000)).
$0
($340,000)
THURSDAY, FEBRUARY 26, 2015
Increase other funds for the Mid-Career Pre-retirement Campaign. Increase other funds to reflect an adjustment in the employer rate for the Employees' Retirement System. Reduce other funds for experience study.
Amount appropriated in this Act
$0
$10,000
$0
$499,791
$0
($60,000)
$0
$35,035,700
1397
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
$768,247,421 $80,482,813 $80,482,813
$346,781,463 $346,584,693
$196,770 $339,623,145 $339,623,145
$1,360,000 $1,360,000
46.1. Adult Education
Purpose: The purpose of this appropriation is to develop Georgia's workforce
by providing adult learners in Georgia with basic reading, writing,
computation, speaking, listening, and technology skills; to provide secondary
instruction to adults without a high school diploma; and to provide oversight
of GED preparation, testing, and the processing of diplomas and transcripts.
Total Funds
$39,558,650
Federal Funds and Grants
$18,428,331
Federal Funds Not Specifically Identified
$18,428,331
Other Funds
$6,637,876
Agency Funds
$6,637,876
State Funds
$14,492,443
State General Funds
$14,492,443
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$14,311,851
$39,378,058
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$4,537
$4,537
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$54,061
$54,061
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$116,629
$116,629
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JOURNAL OF THE HOUSE
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Amount appropriated in this Act
$5,365 $14,492,443
$5,365 $39,558,650
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
$9,020,669
Other Funds
$200,000
Agency Funds
$100,000
Other Funds - Not Specifically Identified
$100,000
State Funds
$8,710,669
State General Funds
$8,710,669
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 appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$8,478,091
$8,788,091
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$83,704
$83,704
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$9,357
$9,357
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$68,532
$68,532
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$56,515
$56,515
Reflect an adjustment in Teamworks billings.
$14,470
$14,470
Amount appropriated in this Act
$8,710,669
$9,020,669
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
$23,289,691
Federal Funds and Grants
$441,458
Federal Funds Not Specifically Identified
$441,458
Other Funds
$9,789,701
THURSDAY, FEBRUARY 26, 2015
Agency Funds
$9,789,701
State Funds
$13,058,532
State General Funds
$13,058,532
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$12,843,082
$23,074,241
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$47,040
$47,040
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$25,460
$25,460
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$72,437
$72,437
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$67,766
$67,766
Reflect an adjustment in Teamworks billings.
$2,747
$2,747
Amount appropriated in this Act
$13,058,532
$23,289,691
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
$696,378,411
Federal Funds and Grants
$61,613,024
Federal Funds Not Specifically Identified
$61,613,024
Other Funds
$330,153,886
Agency Funds
$330,057,116
Other Funds - Not Specifically Identified
$96,770
State Funds
$303,361,501
State General Funds
$303,361,501
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 appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $296,221,880 amended
$689,238,790
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$1,683,719
$1,683,719
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$1,208,640
$1,208,640
1399
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JOURNAL OF THE HOUSE
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Reflect an adjustment in Teamworks billings.
Increase funds for formula growth based on a 2.4% increase in square footage.
Utilize $500,000 in savings from the merger of Moultrie Technical College and Southwest Georgia Technical College to fund personal services and operating expenses for the precision manufacturing designation at West Georgia Technical College. (H:Yes)
Amount appropriated in this Act
$2,840,847 $48,418 $336,702
$1,214,337 ($193,042)
$303,361,501
$2,840,847 $48,418 $336,702
$1,214,337 ($193,042)
$696,378,411
Section 47: Transportation, Department of
Total Funds
$2,578,180,645
Federal Funds and Grants
$1,593,146,310
Federal Highway Administration Highway Planning and Construction
(CFDA 20.205)
Federal Funds Not Specifically Identified
$1,526,284,941 $66,861,369
Other Funds
$92,777,470
Agency Funds
$11,129,491
Other Funds - Not Specifically Identified
$77,676,979
Prior Year Funds - Motor Fuel Funds
$3,971,000
State Funds
$891,496,632
Motor Fuel Funds
$866,576,514
State General Funds
$24,920,118
Intra-State Government Transfers
$760,233
Other Intra-State Government Payments
$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
THURSDAY, FEBRUARY 26, 2015
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. Capital Construction Projects
Purpose: The purpose of this appropriation is to provide funding for Capital
Outlay road construction and enhancement projects on local and state road
systems.
Total Funds
$1,203,791,919
Federal Funds and Grants
$925,252,699
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$925,252,699
Other Funds
$55,300,430
Other Funds - Not Specifically Identified
$55,300,430
State Funds
$223,238,790
Motor Fuel Funds
$223,238,790
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $213,393,476 amended
$1,193,946,605
Increase funds for additional quick response contracts.
$3,923,005
$3,923,005
Increase funds for the I-285/GA 400 interchange project.
$5,922,309
$5,922,309
Amount appropriated in this Act
$223,238,790 $1,203,791,919
47.2. Capital Maintenance Projects
Purpose: The purpose of this appropriation is to provide funding for Capital
Outlay for maintenance projects.
Total Funds
$225,052,363
Federal Funds and Grants
$183,218,385
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$183,218,385
Other Funds
$350,574
Other Funds - Not Specifically Identified
$350,574
State Funds
$41,483,404
Motor Fuel Funds
$41,483,404
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
1401
1402
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 744) as amended Transfer funds to the Routine Maintenance program for additional service agreements.
Amount appropriated in this Act
State Funds $60,560,150
($19,076,746)
$41,483,404
Total Funds $244,129,109
($19,076,746)
$225,052,363
47.3. 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
$155,230,763
Federal Funds and Grants
$68,642,990
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$68,642,990
Other Funds
$4,298,619
Other Funds - Not Specifically Identified
$798,619
Prior Year Funds - Motor Fuel Funds
$3,500,000
State Funds
$82,124,154
Motor Fuel Funds
$82,124,154
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 appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$81,565,819
$151,172,428
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$558,335
$558,335
Recognize prior-year motor fuel funds.
$0
$3,500,000
Amount appropriated in this Act
$82,124,154
$155,230,763
47.4. 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
$13,390,860
Federal Funds and Grants
$10,270,257
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$10,270,257
Other Funds
$295,257
Agency Funds
$62,257
THURSDAY, FEBRUARY 26, 2015
Prior Year Funds - Motor Fuel Funds
$233,000
State Funds
$2,825,346
Motor Fuel Funds
$2,825,346
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$2,815,060
$13,147,574
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$10,286
$10,286
Recognize prior-year motor fuel funds.
$0
$233,000
Amount appropriated in this Act
$2,825,346
$13,390,860
47.5. Departmental Administration
Purpose: The purpose of this appropriation is to plan, construct, maintain, and
improve the state's roads and bridges; provide planning and financial support
for other modes of transportation such as mass transit, airports, railroads and
waterways.
Total Funds
$67,737,321
Federal Funds and Grants
$10,839,823
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$10,839,823
Other Funds
$1,136,970
Agency Funds
$898,970
Prior Year Funds - Motor Fuel Funds
$238,000
State Funds
$55,760,528
Motor Fuel Funds
$55,760,528
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$55,480,776
$67,219,569
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$279,752
$279,752
Recognize prior-year motor fuel funds.
$0
$238,000
Amount appropriated in this Act
$55,760,528
$67,737,321
47.6. Intermodal
Purpose: 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 Funds
$82,964,772
Federal Funds and Grants
$66,861,369
1403
1404
JOURNAL OF THE HOUSE
Federal Funds Not Specifically Identified
$66,861,369
Other Funds
$782,232
Agency Funds
$94,239
Other Funds - Not Specifically Identified
$687,993
State Funds
$15,321,171
State General Funds
$15,321,171
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$15,028,477
$82,672,078
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$45,012
$45,012
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$11,940
$11,940
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
($14,258)
($14,258)
Reduce state funds for Airport Aid grants and benefits to match anticipated federal funds. (H:No; Increase state funds for airport aid grants.)
$250,000
$250,000
Amount appropriated in this Act
$15,321,171
$82,964,772
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
$122,470,000
State Funds
$122,470,000
Motor Fuel Funds
$122,470,000
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
$96,597,611
Federal Funds and Grants
$91,655,917
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$91,655,917
State Funds
$4,346,461
Motor Fuel Funds
$4,346,461
Intra-State Government Transfers
$595,233
Other Intra-State Government Payments
$595,233
THURSDAY, FEBRUARY 26, 2015
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
$16,954,182
Federal Funds and Grants
$14,683,804
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$14,683,804
State Funds
$2,270,378
Motor Fuel Funds
$2,270,378
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$2,263,226
$16,947,030
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$7,152
$7,152
Amount appropriated in this Act
$2,270,378
$16,954,182
47.10. 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
$248,504,795
Federal Funds and Grants
$25,086,452
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$25,086,452
Other Funds
$5,078,904
Agency Funds
$642,602
Other Funds - Not Specifically Identified
$4,436,302
State Funds
$218,339,439
Motor Fuel Funds
$218,339,439
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $194,580,109 amended
$224,745,465
1405
1406
JOURNAL OF THE HOUSE
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015. Increase funds for additional service agreements. Transfer funds from the Capital Maintenance program for additional service agreements.
Amount appropriated in this Act
$734,872
$3,947,712 $19,076,746 $218,339,439
$734,872
$3,947,712 $19,076,746 $248,504,795
47.11. 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
$93,516,627
Federal Funds and Grants
$46,110,542
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$46,110,542
Other Funds
$25,534,484
Agency Funds
$9,431,423
Other Funds - Not Specifically Identified
$16,103,061
State Funds
$21,871,601
Motor Fuel Funds
$21,871,601
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$19,756,231
$91,401,257
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$115,370
$115,370
Increase funds to match federal funds for traffic management and control projects.
$2,000,000
$2,000,000
Amount appropriated in this Act
$21,871,601
$93,516,627
The following appropriations are for agencies attached for administrative purposes.
47.12. Payments to State Road and Tollway Authority
Purpose: The purpose of this appropriation is to fund debt service payments
and other finance instruments and for operations.
Total Funds
$251,969,432
Federal Funds and Grants
$150,524,072
THURSDAY, FEBRUARY 26, 2015
Federal Highway Administration Highway Planning and Construction (CFDA 20.205)
$150,524,072
State Funds
$101,445,360
Motor Fuel Funds
$91,846,413
State General Funds
$9,598,947
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$91,846,413
$242,370,485
Reflect a change in the program purpose statement. (H:Yes)
$0
$0
Utilize existing funds of $7,639,539 in the Georgia Transportation Infrastructure Bank program for debt service. (H:No; Provide new funding of $7,639,539 for the Georgia Transportation Infrastructure Bank program for debt service.)
$7,639,539
$7,639,539
Utilize existing funds of $1,959,408 for debt service. (H:No; Provide new funding of $1,959,408 for debt service.)
$1,959,408
$1,959,408
The General Assembly finds that at least 25 percent of
$0
$0
the Georgia Transportation Infrastructure Bank funds
should be utilized by qualified applicants of Tier 1 and
Tier 2 counties. If there are not enough qualified
applications from Tier 1 and Tier 2 counties, the
remainder of the 25 percent may be awarded to other
qualified applicants. (H:Yes)
Amount appropriated in this Act
$101,445,360
$251,969,432
1407
Section 48: Veterans Service, 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
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
$1,798,605
State Funds
$1,798,605
$41,360,804 $16,158,743 $16,158,743 $4,392,543 $2,392,543 $2,000,000 $20,809,518 $20,809,518
1408
JOURNAL OF THE HOUSE
State General Funds
$1,798,605
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$1,758,956
$1,758,956
Increase funds to reflect an adjustment in the employer
$21,334
$21,334
share of the Employees' Retirement System.
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$9,379
$9,379
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$6,114
$6,114
Reflect an adjustment in Teamworks billings.
$2,822
$2,822
Amount appropriated in this Act
$1,798,605
$1,798,605
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
$798,090
Federal Funds and Grants
$178,004
Federal Funds Not Specifically Identified
$178,004
State Funds
$620,086
State General Funds
$620,086
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$554,697
$732,701
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$11,769
$11,769
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$5,796
$5,796
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$824
$824
Remove one-time funds for pre-design expenses for cemetery expansion.
($35,000)
($35,000)
Transfer funds from the Georgia War Veterans Nursing Homes program for two positions.
$82,000
$82,000
Transfer funds from the Georgia War Veterans Nursing
$0
$0
Home program to cover one-time design expenses for
cemetery expansion. (H:No; Funding provided in the
Amended FY 2015 budget (HB 75, 2015 Session).)
Amount appropriated in this Act
$620,086
$798,090
THURSDAY, FEBRUARY 26, 2015
48.3. Georgia War Veterans Nursing Homes
Purpose: The purpose of this appropriation is to provide skilled nursing care
to aged and infirmed Georgia war veterans.
Total Funds
$27,738,194
Federal Funds and Grants
$13,353,299
Federal Funds Not Specifically Identified
$13,353,299
Other Funds
$2,392,543
Agency Funds
$2,392,543
State Funds
$11,992,352
State General Funds
$11,992,352
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$11,929,755
$27,805,249
Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
$50,426
$50,426
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$49,231
$49,231
Increase funds for the employer share of health insurance ($13,320) and retiree health benefits ($31,620).
$44,940
$44,940
Transfer funds to the Georgia Veterans Memorial Cemetery for two positions.
($82,000)
($211,652)
Transfer funds to the Georgia Veterans Memorial
$0
$0
Cemetery program to cover one-time design expenses
for cemetery expansion. (H:No; Utilize existing funds to
increase daily census.)
Amount appropriated in this Act
$11,992,352
$27,738,194
48.4. 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
$11,025,915
Federal Funds and Grants
$2,627,440
Federal Funds Not Specifically Identified
$2,627,440
Other Funds
$2,000,000
Other Funds - Not Specifically Identified
$2,000,000
State Funds
$6,398,475
State General Funds
$6,398,475
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
1409
1410
JOURNAL OF THE HOUSE
Amount from previous Appropriations Act (HB 744) as amended
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
Amount appropriated in this Act
State Funds $6,257,793
$91,019 $40,876
$8,787
$6,398,475
Total Funds $10,885,233
$91,019 $40,876
$8,787
$11,025,915
Section 49: Workers' Compensation, State Board of Total Funds Other Funds Agency Funds State Funds State General Funds
$22,671,574 $373,832 $373,832
$22,297,742 $22,297,742
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
$12,732,528
Other Funds
$308,353
Agency Funds
$308,353
State Funds
$12,424,175
State General Funds
$12,424,175
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$11,985,822
$12,444,175
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$189,858
$189,858
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$91,333
$91,333
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$7,162
$7,162
Transfer funds from the Board Administration program to properly align budget with expenditures.
$150,000
$150,000
Reduce other funds to reflect other funds received.
$0
($150,000)
Amount appropriated in this Act
$12,424,175
$12,732,528
THURSDAY, FEBRUARY 26, 2015
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
$9,939,046
Other Funds
$65,479
Agency Funds
$65,479
State Funds
$9,873,567
State General Funds
$9,873,567
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$10,543,894
$10,609,373
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
$33,809
$33,809
Provide funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
$17,510
$17,510
Reflect an adjustment to agency premiums for Department of Administrative Services administered self insurance programs.
$1,072
$1,072
Reflect an adjustment in Teamworks billings.
$2,709
$2,709
Reduce the payment to the Office of the State Treasurer from $4,728,320 to $4,152,893.
($575,427)
($575,427)
Transfer funds to the Administer the Workers' Compensation Laws program to properly align budget with expenditures.
($150,000)
($150,000)
Amount appropriated in this Act
$9,873,567
$9,939,046
1411
Section 50: General Obligation Debt Sinking Fund Total Funds Federal Recovery Funds Federal Recovery Funds Not Specifically Identified State Funds Motor Fuel Funds State General Funds
50.1. GO Bonds Issued Total Funds Federal Recovery Funds Federal Recovery Funds Not Specifically Identified State Funds Motor Fuel Funds State General Funds
$1,223,584,026 $18,260,833 $18,260,833
$1,205,323,193 $136,777,277
$1,068,545,916
$1,115,319,085 $18,260,833 $18,260,833
$1,097,058,252 $136,777,277 $960,280,975
1412
JOURNAL OF THE HOUSE
The above amounts include the following adjustments, additions, and deletions to the previous
appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as $1,018,202,703 $1,036,463,536
amended
Transfer $96,832,485 in state general funds and
$98,758,085
$98,758,085
$1,925,600 in motor fuel funds from GO Bonds New to
GO Bonds Issued to reflect the issuance of new bonds.
Reduce motor fuel funds for debt service to reflect
($19,902,536)
($19,902,536)
projected need.
Redirect $1,000,000 in 20-year unissued bonds from FY
$0
$0
2012 for the State Board of Education for the purpose of
financing educational facilities for county and
independent school systems through the Capital Outlay
Program Regular (HB 78, Bond 379.301) to be used
for the FY 2016 Capital Outlay Program Regular for local school construction, statewide. (H:Yes)
Redirect $1,463,000 in 20-year unissued bonds from FY
$0
$0
2012 for the State Board of Education for the purpose of
financing educational facilities for county and
independent school systems through the Capital Outlay
Program Regular Advance (HB 78, Bond 379.303) to
be used for the FY 2016 Capital Outlay Program
Regular for local school construction, statewide. (H:Yes;
Redirect $1,260,000 in 20-year unissued bonds from FY
2012 for the State Board of Education for the purpose of
financing educational facilities for county and
independent school systems through the Capital Outlay
Program Regular Advance (HB 78, Bond 379.303) to
be used for the FY 2016 Capital Outlay Program
Regular for local school construction, statewide.)
Redirect $7,536,631 in 20-year unissued bonds from FY
$0
$0
2013 for the State Board of Education for the purpose of
financing educational facilities for county and
independent school systems through the Capital Outlay
Program Regular (HB 742, Bond #1) to be used for
the FY 2016 Capital Outlay Program Regular for local school construction, statewide. (H:Yes; Redirect $4,320,000 in 20-year unissued bonds from FY 2013 for
the State Board of Education for the purpose of
financing educational facilities for county and
independent school systems through the Capital Outlay
Program Regular (HB 742, Bond #1) to be used for the FY 2016 Capital Outlay Program Regular for
local school construction, statewide.)
Redirect $1,199,842 in 20-year unissued bonds from FY
$0
$0
2013 for the State Board of Education for the purpose of
financing educational facilities for county and
independent school systems through the Capital Outlay
Program Growth (HB 742, Bond #2) to be used for the
FY 2016 Capital Outlay Program Regular for local school construction, statewide. (H:Yes; Redirect $1,190,000 in 20-year unissued bonds from FY 2013 for
the State Board of Education for the purpose of
financing educational facilities for county and
THURSDAY, FEBRUARY 26, 2015
independent school systems through the Capital Outlay Program Growth (HB 742, Bond #2) to be used for the FY 2016 Capital Outlay Program Regular for local school construction, statewide.)
Redirect $202,527 in 20-year unissued bonds from FY
$0
2013 for the State Board of Education for the purpose of
financing educational facilities for county and
independent school systems through the Capital Outlay
Program Regular Advance (HB 742, Bond #3) to be
used for the FY 2016 Capital Outlay Program Regular
for local school construction, statewide. (H:No)
Redirect $2,148,000 in 20-year unissued bonds from FY
$0
2014 for the State Board of Education for the purpose of
financing educational facilities for county and
independent school systems through the Capital Outlay
Program Regular (HB 106, Bond 362.301) to be used
for the FY 2016 Capital Outlay Program Regular for
local school construction, statewide. (H:Yes; Redirect
$2,145,000 in 20-year unissued bonds from FY 2014 for
the State Board of Education for the purpose of
financing educational facilities for county and
independent school systems through the Capital Outlay
Program Regular (HB 106, Bond 362.301) to be used
for the FY 2016 Capital Outlay Program Regular for
local school construction, statewide.)
Redirect $350,000 in 20-year unissued bonds from FY
$0
2014 for the State Board of Education for the purpose of
financing educational facilities for county and
independent school systems through the Capital Outlay
Program Low Wealth (HB 106, Bond 362.303) to be
used for the FY 2016 Capital Outlay Program Low-
Wealth for local school construction, statewide. (H:Yes)
Redirect $3,635,000 in 20-year issued bonds from FY
$0
2013 for the State Board of Education for the purpose of
financing educational facilities for county and
independent school systems through the Capital Outlay
Program Regular (HB 742, Bond #1) to be used for
the FY 2016 Capital Outlay Program Regular for local
school construction, statewide. (H:Yes)
Amount appropriated in this Act
$1,097,058,252
$0 $0
$0 $0 $1,115,319,085
50.2. GO Bonds New
Total Funds
$108,264,941
State Funds
$108,264,941
State General Funds
$108,264,941
The above amounts include the following adjustments, additions, and deletions to the previous appropriations act (as amended):
State Funds
Total Funds
Amount from previous Appropriations Act (HB 744) as amended
$98,758,085
$98,758,085
Transfer $96,832,485 in state general funds and $1,925,600 in motor fuel funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds.
($98,758,085)
($98,758,085)
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Increase funds for debt service.
$108,080,648
$108,080,648
Adjust funds for debt service.
$184,293
$184,293
Amount appropriated in this Act
$108,264,941
$108,264,941
Bond Financing Appropriated:
[Bond # 1] From State General Funds, $16,160,424 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 $188,790,000 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, $2,696,400 is specifically appropriated
for the purpose of financing educational facilities for county and independent
school systems through the State Board of Education (Department of
Education) through the issuance of not more than $31,500,000 in principal
amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of two hundred and forty months.
[Bond # 3] From State General Funds, $508,892 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 $5,945,000 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, $2,656,000 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 $20,000,000 in principal
amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of one hundred and twenty months.
[Bond # 5] From State General Funds, $694,200 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 $3,000,000 in principal
amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of sixty months.
[Bond # 6] From State General Funds, $68,480 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 $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 # 7] From State General Funds, $862,600 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,
THURSDAY, FEBRUARY 26, 2015
structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 8] From State General Funds, $1,027,200 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 $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 # 9] From State General Funds, $5,136,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $60,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 10] From State General Funds, $763,620 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 $3,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 11] From State General Funds, $1,016,072 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 $11,870,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 12] From State General Funds, $778,960 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,100,000 in principal amount of General Obligation Debt, the
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instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 13] From State General Funds, $1,452,800 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 $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 # 14] From State General Funds, $3,916,658 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 $43,135,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 15] From State General Funds, $1,543,600 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 $17,000,000 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, $323,960 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,400,000 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, $115,700 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
THURSDAY, FEBRUARY 26, 2015
[Bond # 18] From State General Funds, $439,660 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 $1,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 19] From State General Funds, $128,400 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 20] From State General Funds, $2,876,160 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 $33,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 21] From State General Funds, $492,200 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 $5,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 22] From State General Funds, $208,260 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 $900,000 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, $161,980 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,
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development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 24] From State General Funds, $404,950 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 $1,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 25] 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 # 26] From State General Funds, $353,956 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 $4,135,000 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, $419,440 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 $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 28] From State General Funds, $1,694,880 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
THURSDAY, FEBRUARY 26, 2015
not more than $19,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 29] From State General Funds, $419,440 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 $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 30] From State General Funds, $256,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 31] From State General Funds, $192,600 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 $2,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 32] From State General Funds, $145,520 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 33] From State General Funds, $925,600 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
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not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 34] From State General Funds, $80,990 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 $350,000 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, $62,478 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 $270,000 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, $2,661,100 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 $11,500,000 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, $1,897,720 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 $20,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 38] From State General Funds, $111,708 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 $1,305,000 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, $128,400 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of
THURSDAY, FEBRUARY 26, 2015
public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, 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 # 40] From State General Funds, $85,600 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, 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 # 41] From State General Funds, $74,900 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, through the issuance of not more than $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 # 42] From State General Funds, $231,400 is specifically appropriated for the purpose of financing public library facilities for boards of trustees of public libraries or boards of trustees of public library systems through the Board of Regents of the University System of Georgia, 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 # 43] From State General Funds, $712,712 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 $3,080,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 44] From State General Funds, $182,806 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 $790,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 45] From State General Funds, $35,867 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
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$155,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 46] From State General Funds, $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 sixty months.
[Bond # 47] From State General Funds, $259,234 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 $2,855,000 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, $2,892,500 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 $12,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 49] From State General Funds, $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 # 50] From State General Funds, $127,270 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 $550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 51] From State General Funds, $141,668 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,
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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 # 52] From State General Funds, $69,420 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 $300,000 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, $273,920 is specifically appropriated for the purpose of financing projects and facilities for the Department of Behavioral Health and Developmental Disabilities by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 54] From State General Funds, $163,496 is specifically appropriated for the purpose of financing projects and facilities for the Department of Behavioral Health and Developmental Disabilities by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,910,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 55] From State General Funds, $201,160 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 $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 # 56] From State General Funds, $2,443,880 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than
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$28,550,000 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, $2,152,020 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Health by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,300,000 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, $34,240 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Health by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 # 59] From State General Funds, $25,680 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Health by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 # 60] From State General Funds, $136,200 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 $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 # 61] 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 sixty months.
[Bond # 62] 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,
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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 # 63] From State General Funds, $582,080 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 $6,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 64] From State General Funds, $1,275,014 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,510,000 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, $897,516 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,485,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 66] From State General Funds, $592,384 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 $2,560,000 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, $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 # 68] From State General Funds, $39,376 is specifically appropriated for the purpose of financing projects and facilities for the Department of Defense
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by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 # 69] From State General Funds, $513,600 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 $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 70] From State General Funds, $45,123 is specifically appropriated for the purpose of financing projects and facilities for the Department of Driver Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $195,000 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, $208,840 is specifically appropriated for the purpose of financing projects and facilities for the Department of Driver Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 72] From State General Funds, $571,808 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 $6,680,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 73] From State General Funds, $254,540 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
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[Bond # 74] From State General Funds, $30,816 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 $360,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 75] From State General Funds, $293,878 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,270,000 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, $370,240 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,600,000 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, $11,570 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 $50,000 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, $678,002 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 $2,930,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 79] From State General Funds, $176,336 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
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$2,060,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 80] From State General Funds, $526,012 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,145,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 81] From State General Funds, $115,700 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 $500,000 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, $128,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 84] From State General Funds, $177,021 is specifically appropriated for the purpose of financing projects and facilities for the State Board of 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 $765,000 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, $1,808,391 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 $7,815,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 86] From State General Funds, $105,287 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,
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structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $455,000 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, $536,848 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 $2,320,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 88] From State General Funds, $86,775 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 $375,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 89] From State General Funds, $85,618 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 $370,000 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, $43,966 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 $190,000 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, $166,064 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 $1,940,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 92] From State General Funds, $43,966 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public
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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 $190,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 93] From State General Funds, $56,693 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 $245,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 94] From State General Funds, $578,500 is specifically appropriated for the purpose of financing projects and facilities for the State Accounting Office by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 95] From State General Funds, $92,560 is specifically appropriated for the purpose of financing projects and facilities for the Department of Banking and Finance by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 96] From State General Funds, $556,400 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 $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 # 97] From State General Funds, $428,000 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 $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.
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[Bond # 98] From State General Funds, $329,745 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 $1,425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 99] From State General Funds, $462,800 is specifically appropriated for the purpose of financing projects and facilities for the Office of the Governor by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 100] From State General Funds, $40,660 is specifically appropriated for the purpose of financing projects and facilities for the Department of Labor by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $475,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 101] From State General Funds, $66,340 is specifically appropriated for the purpose of financing projects and facilities for the Department of Labor by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 two hundred and forty months.
[Bond # 102] From State General Funds, $817,200 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 $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 103] From State General Funds, $115,700 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 $500,000 in
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principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 104] From State General Funds, $255,148 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 $2,810,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 105] From State General Funds, $181,600 is specifically appropriated for the Department of Economic Development for 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 $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.
[Bond # 106] From State General Funds, $2,088,400 is specifically appropriated for the Department of Economic Development for 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 $23,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty.
[Bond # 107] From State General Funds, $531,200 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 $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 # 108] From State General Funds, $13,696 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 $160,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 109] From State General Funds, $25,680 is specifically appropriated for the purpose of financing projects and facilities for the State Forestry
THURSDAY, FEBRUARY 26, 2015
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 $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 # 110] From State General Funds, $856,000 is specifically appropriated for the Georgia Environmental Finance Authority for the purpose of financing loans to local government and local government entities for water or sewerage facilities or systems, 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 # 111] From State General Funds, $856,000 is specifically appropriated for the Georgia Environmental Finance Authority for the purpose of financing loans to local government and local government entities for water or sewerage facilities or systems, 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 # 112] From State General Funds, $454,000 is specifically appropriated for the purpose of financing projects and facilities for the Jekyll Island State Park Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 # 113] From State General Funds, $219,830 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 $950,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 114] From State General Funds, $1,755,164 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 $19,330,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 115] From State General Funds, $410,416 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development,
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extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,520,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 116] From State General Funds, $408,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 # 117] From State General Funds, $1,157,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 118] From State General Funds, $256,800 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 $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 119] From State General Funds, $399,324 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 $4,665,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 120] From State General Funds, $809,900 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
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[Bond # 121] From State General Funds, $163,440 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 122] From State General Funds, $8,560,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $100,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 123] From State General Funds, $8,560,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $100,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Section 51: General Obligation Bonds Repealed, Revised, or Reinstated
Reserved.
Section 52: Salary Adjustments
The appropriations to budget units made above include funds for, and have the added purpose of, the following salary increases and adjustments, to be administered in conformity with the applicable compensation and performance management plans as provided by law:
1.) Additional funds for personal services for employees of the Executive, Judicial, and Legislative Branches, excluding Board of Regents faculty and Technical College System of Georgia teachers and support personnel, to be used for merit based pay increases for high performing employees in Fiscal Year 2015 and salary adjustments to attract new employees with critical skills or keep successful performers in critical jobs. The amount for this Item is
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calculated according to an effective date of July 1, 2015
2.) Before Item 1 above, but not in lieu of it, funds for supplementary salary adjustments to address employee retention needs for certain employees in the job titles specified in the appropriations stated above to the Department of Corrections, Department of Driver Services, Georgia Bureau of Investigation, and Department of Public Health. The amount for this Item is calculated according to an effective date of July 1, 2015.
3.) In lieu of other numbered items, funds for the State Board of Education for the Quality Basic Education program, such funds to be used by the Quality Basic Education program for the purpose of reducing or eliminating furlough days, increasing instructional days, and providing salary increases to teachers in local education authorities. The amount for this Item is calculated according to an effective date of July 1, 2015.
4.) In lieu of other numbered items, additional fund for personal services for non-faculty employees of the Board of Regents, to be used for merit based pay increases for high performing employees in Fiscal Year 2015 and salary adjustments to attract new employees with critical skills or to keep successful performers in critical jobs. The amount for this Item is calculated according to an effective date of July 1, 2015.
5.) In lieu of other numbered items, to provide funds for supplementary salary adjustments to address needs for the recruitment and retention of Board of Regents faculty, funded through the Teaching program appropriation stated above. The amount for this Item is calculated according to an effective date of July 1, 2015.
6.) In lieu of other numbered items, additional funds for personal services for public librarians, funded through the Public Libraries appropriation stated above, to be used for merit based pay increases for high performing employees in Fiscal Year 2015 and salary adjustments to attract new employees with critical skills or keep successful performers in critical jobs as administered by the Board of Regents. The amount for this Item is calculated according to an effective date of July 1, 2015.
7.) In lieu of other numbered items, additional funds for personal services for teachers and support personnel within the Technical College System of Georgia, to be used for merit based pay increases for high performing employees in Fiscal Year 2015 and salary adjustments to attract new employees with critical skills or to keep successful performers in critical jobs. The amount for this Item is calculated according to an effective date of July 1, 2015.
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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 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.
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
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detail for authorizations for general obligation debt in Section 50 shall be the authorizing paragraphs.
Section 56: Flex
Notwithstanding any other statement of purpose, the purpose of each appropriation of federal funds or other funds shall be the stated purpose or any other lawful purpose consistent with the fund source and the general law powers of the budget unit.
In the preceding sentence, "Federal Funds" means any federal funding source, whether specifically identified or not specifically identified; "Other Funds" means all other fund sources except State Funds or Federal Funds, including without limitation Intra-State 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," "Medicaid: Aged, Blind, and Disabled," and "PeachCare" 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 programs 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 three 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 76, designating Representative O'Neal of the 146th as Chairman thereof.
The Speaker called the House to order.
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The Committee of the Whole arose and through its Chairman reported HB 76 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.
The report of the Committee, which was favorable to the passage of the Bill, 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 N Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett E 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer E Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch E Weldon Y Werkheiser 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 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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By unanimous consent, the following Bills of the House were postponed until the next legislative day:
HB 71. By Representatives Tanner of the 9th, Golick of the 40th, Caldwell of the 131st, Atwood of the 179th, Oliver of the 82nd and others:
A BILL to be entitled an Act to amend Chapter 17 of Title 17 and Chapter 9 of Title 42 of the O.C.G.A., relating to the Crime Victims' Bill of Rights and pardons and paroles, respectively, so as to provide for input and transparency relative to the granting of a pardon or commutation of a death sentence to a life sentence; to change provisions relating to notifications by the State Board of Pardons and Paroles; to change provisions relating to the State Board of Pardons and Paroles procedure and information gathering when considering the grant of pardon, clemency, or commutation of a death sentence; to provide for exemptions from disclosure; to amend Code Section 50-13-9.1 of the O.C.G.A., relating to variance or waiver to rules, so as to correct an incorrect reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 118. By Representatives Tanner of the 9th, Powell of the 32nd, Lumsden of the 12th and Hitchens of the 161st:
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 amend certain provisions relative to the issuance of commercial drivers' licenses and commercial drivers' instruction permits so as to comply with federal law; to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to prohibit certain activities with wireless telecommunications devices by drivers of commercial motor vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 184. By Representatives Williamson of the 115th, Morris of the 156th, Fludd of the 64th, Knight of the 130th, Coomer of the 14th and others:
A BILL to be entitled an Act to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so to extensively revise said title; to provide for definitions relative to banking and finance; to provide for standards of notice for the Department of Banking and Finance; to provide for rules and regulations of the department; to provide for the deposit of funds in merchant acquirer limited purpose banks; to provide for related matters; to repeal conflicting laws; and for other purposes.
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HB 192. By Representatives Powell of the 32nd and Taylor of the 79th:
A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, so as to provide that elected officials of counties, municipal corporations, school districts, and consolidated governments shall be reimbursed for expenses only through the submission of expense reimbursement requests; to prohibit an elected official of a county, municipal corporation, school district, or consolidated government from being issued or authorized to use a government purchasing card or government credit card; to provide for the promulgation of certain policies; to provide for access to certain records; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 207. By Representatives Beskin of the 54th, Willard of the 51st, Pak of the 108th, Caldwell of the 131st, Quick of the 117th 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 change provisions relating to when a judge, judicial officer, grand juror, or trial juror may be disqualified from presiding or serving, as applicable, due to being related by consanguinity or affinity to a party; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 210. By Representatives Rogers of the 10th, Mayo of the 84th, Jasperse of the 11th, Dempsey of the 13th, Rice of the 95th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to provide for the dissemination of certain information by the Department of Driver Services; to provide for participation in an anatomical gift donation program when obtaining a personal identification card through the department; to provide for the designation of such participation on personal identification cards; to provide for the dissemination of identifying information for applicants making such election; to provide for legislative findings; to provide for the option of a voluntary contribution from applicants of personal identification cards to prevent blindness and preserve sight; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 325. By Representatives Hitchens of the 161st, Tanner of the 9th, Lumsden of the 12th, Wilkinson of the 52nd, Atwood of the 179th and others:
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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 the imposition of fines; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 362. By Representatives Clark of the 101st, Cooper of the 43rd, Fleming of the 121st, Coleman of the 97th, Carter of the 175th and others:
A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education; 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 albuterol sulfate for schools; to authorize pharmacists to fill such prescriptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative England of the 116th moved that the following Bill of the House be immediately transmitted to the Senate:
HB 76. 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 be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016; 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.
The motion prevailed.
Representative Powell of the 32nd moved that the following Bill of the House be withdrawn from the Committee on Judiciary and recommitted to the Committee on Banks & Banking:
HB 462. By Representatives Powell of the 32nd, Williams of the 168th, Greene of the 151st and Williamson of the 115th:
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A BILL to be entitled an Act to amend Part 1 of Article 2A of Title 11 of the Official Code of Georgia Annotated, relating to general provisions relative to leases, so as to provide for the classification of sale leaseback transactions under certain circumstances; to provide for related matters; 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 Banks & Banking and recommitted to the Committee on Judiciary:
HB 387. By Representatives Kelley of the 16th, Jacobs of the 80th, Willard of the 51st, Mabra of the 63rd, Fleming of the 121st and others:
A BILL to be entitled an Act to amend Titles 7 and 18 of the Official Code of Georgia Annotated, relating to banking and finance and debtor and creditor, respectively, so as to enact a new chapter in Title 7, to regulate providers of debt settlement and debt management services; to repeal Chapter 5 of Title 18, relating to debt adjustments; to provide for a legislative purpose; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The motion prevailed.
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 489 Do Pass HR 490 Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 489. By Representatives Stephens of the 164th and Petrea of the 166th:
A RESOLUTION recognizing and honoring the members of the St. Patrick's Day Parade Committee, Chairman Kevin Halligan and the Grand Marshal of the 2015 St. Patrick's Day Parade, Hugh Coleman on the upcoming occasion of the 2015 St. Patrick's Day Parade in Savannah, Georgia, and inviting them to be recognized by the House of Representatives; and for other purposes.
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HR 490. By Representatives Clark of the 147th, O`Neal of the 146th, Dickey of the 140th, Epps of the 144th and Harden of the 148th:
A RESOLUTION commending the Northside High School Football Team for their continued athletic excellence and inviting Coach Kevin Kinsler, Willie Jordan, Brandon Sandifer, Isaiah Johnson, and Josh Vickers to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 503. By Representatives Kaiser of the 59th, Ralston of the 7th, Abrams of the 89th, Randall of the 142nd, Thomas of the 56th and others:
A RESOLUTION honoring the life and memory of Alice M. Johnson; and for other purposes.
HR 504. By Representatives Smyre of the 135th and Hugley of the 136th:
A RESOLUTION congratulating Mrs. Daisy Marilyn Johnson Hardeman on the grand occasion of her 100th birthday; and for other purposes.
HR 505. By Representatives Spencer of the 180th and Corbett of the 174th:
A RESOLUTION recognizing and commending Jay Sheppard on his state title in wrestling; and for other purposes
HR 506. By Representatives Geisinger of the 48th, Smith of the 70th, Williams of the 119th, Dudgeon of the 25th, Brockway of the 102nd and others:
A RESOLUTION recognizing Monday, March 2, 2015, as Skin Cancer Awareness Day at the state capitol; and for other purposes.
HR 507. By Representatives Williams of the 119th, Frye of the 118th, Quick of the 117th, Rogers of the 29th, England of the 116th and others:
A RESOLUTION recognizing and commending Dr. Barbara L. Schuster for her instrumental role in the establishment of the medical partnership between Georgia Regents University and the University of Georgia; and for other purposes.
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HR 508. By Representatives Smyre of the 135th and Dukes of the 154th:
A RESOLUTION recognizing and commending Omega Psi Phi Fraternity, Inc.; and for other purposes.
HR 509. 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 honoring the life and memory of Helen DuBose; and for other purposes.
HR 510. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION commending Austin Keener, Heritage Academy's 2015 STAR Student; and for other purposes.
HR 511. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION commending Darlene Brown, Heritage Academy's 2015 STAR Teacher; and for other purposes.
HR 512. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION commending Candice Bowler, Jefferson Academy and Jefferson City School System 2014-2015 Teacher of the Year; and for other purposes.
HR 513. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION commending Christie Barker, Commerce Primary School and Commerce City Schools 2014-2015 Teacher of the Year; and for other purposes.
HR 514. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION commending Holly Canup, East Jackson Comprehensive High School and Jackson County School System 2014-2015 Teacher of the Year; and for other purposes.
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HR 515. By Representatives Spencer of the 180th and Corbett of the 174th:
A RESOLUTION recognizing and commending the Camden County High School wrestling team and coaches on winning the 2015 GHSA Class AAAAA Duals State Championship; and for other purposes.
HR 516. By Representatives Bentley of the 139th, Dickey of the 140th, Harden of the 148th and Holmes of the 129th:
A RESOLUTION honoring the life and memory of John David Duke Lane, Sr.; and for other purposes.
HR 517. By Representatives Corbett of the 174th and Shaw of the 176th:
A RESOLUTION commending Jean T. Roberts for her many years of excellent service at Echols County High School; and for other purposes.
HR 518. By Representatives Thomas of the 39th, Abrams of the 89th, Cooper of the 43rd, Hugley of the 136th, Jones of the 62nd and others:
A RESOLUTION recognizing the month of July, 2015, as Fibroid Awareness Month at the state capitol; and for other purposes.
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 348 Do Pass HB 368 Do Pass
HB 366 Do Pass, by Substitute HB 412 Do Pass, by Substitute
Respectfully submitted, /s/ Hamilton of the 24th
Chairman
Representative O'Neal of the 146th moved that the House stand in recess until 4:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, A.M. Monday, March 2, 2015.
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The Speaker announced the House in recess until 4:00 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 2, 2015.
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Representative Hall, Atlanta, Georgia
Monday, March 2, 2015
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:
Abrams Alexander Allison E Anderson Atwood E Ballinger Barr E Battles E Beasley-Teague Bell Belton Bennett Bentley Benton Beskin Broadrick Brockway Brooks Bruce Bryant Buckner Burns E Caldwell, J Caldwell, M Cantrell Carson Carter E Casas Chandler Cheokas Clark, D Clark, H Clark, V Coleman
Cooke Coomer Cooper Corbett E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Douglas Drenner Dudgeon E Dukes Dunahoo E Duncan Ealum Efstration Ehrhart England Epps E Evans Fleming Fludd Frazier E Frye Gasaway Geisinger Glanton Golick Gordon Gravley Greene Hamilton
Harbin Harden Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Howard E Hugley Jackson Jasperse Jones, J Jones, J.B. E Jones, L Jones, S E Jordan Kaiser Kelley Kendrick Kidd Knight LaRiccia Lumsden Mabra E Marin Martin Maxwell Mayo McCall McClain Meadows
Mitchell Morris Nimmer Nix Oliver O'Neal Pak Parrish Parsons Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick Raffensperger Rakestraw Ramsey Reeves Rhodes Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sims Smith, E
Smith, L Smith, M Smith, R E Smyre Spencer Stephens, M Stephens, R E Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, E Trammell Turner Waites Watson Welch E Weldon Werkheiser 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, Dollar of the 45th, Gardner of the 57th, Jacobs of the 80th, Kirby of the 114th, Mosby of the 83rd, Randall of the 142nd, Stephenson of the 90th, and Thomas of the 56th.
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They wished to be recorded as present.
Prayer was offered by Reverend Eric W. Lee, Pastor, Springfield Baptist Church, Conyers, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 3. By Representative Fleming of the 121st:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs, so as to provide sanctions for persons that enter into or solicit a transaction with a student-athlete that would result in sanctions to the student-athlete; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
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HB 40. By Representatives Waites of the 60th, Scott of the 76th, Jones of the 53rd, Brooks of the 55th and Stovall of the 74th:
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 revise provisions relating to bullying; to prohibit bullying and harassment of students and school employees; to require annual reporting of bullying and harassment incidents; to provide for definitions; to provide for requirements for local boards of education, state charter schools, and private schools; to provide for requirements for the Department of Education; to provide for statutory construction; to provide for legislative findings; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 503. By Representatives Fleming of the 121st, Hightower of the 68th, Mabra of the 63rd, Douglas of the 78th, Frye of the 118th and others:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs, so as to prohibit persons from entering into or soliciting a transaction with a student-athlete that would result in sanctions to the student-athlete; to provide for a right of action by a postsecondary institution; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 507. By Representatives Oliver of the 82nd, Willard of the 51st, Jacobs of the 80th, Fleming of the 121st and Ballinger of the 23rd:
A BILL to be entitled an Act to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to repeal certain provisions deemed unconstitutional regarding a central child abuse registry; to enact new provisions to provide for the establishment of a central child abuse registry; to provide for definitions; to provide for the reporting of convictions relating to child abuse to the Division of Family and Children Services; to provide for entry of reported convictions into the registry; to provide for a hearing to contest inclusion of a name in the registry; to limit access to information in the registry; to provide for
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confidentiality; to provide for immunity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 508. By Representatives Fleming of the 121st, Atwood of the 179th, Weldon of the 3rd, Hightower of the 68th, Williams of the 87th and others:
A BILL to be entitled an Act to amend Code Section 47-2-244 of the Official Code of Georgia Annotated, relating to optional benefits available to appellate court judges, notice of election of benefits, eligibility for benefits, disability benefits and survivors benefits, so as to decrease the age of eligibility for certain 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 509. By Representatives Petrea of the 166th, Stephens of the 164th, Tankersley of the 160th, Hitchens of the 161st and Williams of the 119th:
A BILL to be entitled an Act to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health care facilities, so as to implement initiatives to improve quality and delivery of patient centered and family focused palliative care in this state; to provide for legislative intent; to provide for definitions; to create the Georgia Palliative Care and Quality of Life Advisory Council; to establish a state-wide Palliative Care Consumer and Professional Information and Education Program; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 510. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Chapter 34 of Title 50 of the Official Code of Georgia Annotated, relating to the OneGeorgia Authority, so as to provide for the creation of the Georgia Sports Commission Fund; to define certain terms; to provide for gifts and contributions; to provide for a committee to manage such fund; to provide for members; to provide conditions for obtaining grants and loans from such fund; to provide for an accounting; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Economic Development & Tourism.
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HB 511. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to authorize pharmacy technicians to fill remote automated medication systems in skilled nursing facilities and hospices; to provide for certain requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 512. By Representatives Jasperse of the 11th and Dempsey of the 13th:
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 change certain terminology and provisions relating to the governing and regulation of mental health and to the administration of mental health as it relates to regional and local administration and services; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HB 513. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions, so as to revise provisions regarding the procedure for claims asserted against a person or entity arising from an act by that person or entity which could reasonably be construed as an act in furtherance of the right of free speech or the right to petition government for a redress of grievances; to revise definitions; to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to revise a cross-reference; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the Committees:
HB 515. By Representatives Mitchell of the 88th, Holcomb of the 81st and Henson of the 86th:
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A BILL to be entitled an Act to incorporate the City of Tucker in DeKalb County; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 519. By Representatives Brockway of the 102nd, Hawkins of the 27th and Gasaway of the 28th:
A BILL to be entitled an Act to amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide for notice of certain premium increases; to provide for definitions; to provide for disclosure; to provide for a mandatory statement; to provide for penalties; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 520. By Representatives Taylor of the 79th, Holcomb of the 81st, Fleming of the 121st and Rynders of the 152nd:
A BILL to be entitled an Act to incorporate the City of LaVista Hills in DeKalb County; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 519. By Representatives Roberts of the 155th, Houston of the 170th, Carter of the 175th, England of the 116th and LaRiccia of the 169th:
A RESOLUTION recognizing Mr. Harry Mixon and Mr. Brad Dorminy and naming a building in their honor; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
By unanimous consent, the following Bills and Resolution of the House 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 HB 500
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HB 501 HB 504 HB 506
HB 502 HB 505 HR 502
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 267 Do Pass, by Substitute HB 377 Do Pass, by Substitute
Respectfully submitted, /s/ Fleming of the 121st
Vice-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 276 Do Pass, by Substitute
Respectfully submitted, /s/ Maxwell of the 17th
Chairman
Representative Powell of the 171st District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
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HB 200 HB 275 HB 319 HR 397
Do Pass, by Substitute Do Pass Do Pass Do Pass
HB 237 HB 312 HB 339
Do Pass, by Substitute Do Pass Do Pass, by Substitute
Respectfully submitted, /s/ Powell of the 171st
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR MONDAY, MARCH 2, 2015
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 51 HB 99
HB 185
Taxes; amount payable at redemption of property; change provisions (Substitute)(Judy-Benton-31st) Property; joint tenants divorce or have marriage annulled under certain circumstances; provide tenancy in common (Substitute)(Judy-Lumsden12th) Insurance; Standard Valuation Law; extensively revise (Ins-Shaw-176th)
Modified Structured Rule
HB 18
HB 197 HB 233
Professional engineers and land surveyors; defense, aviation, space or aerospace companies from complying with provisions; exempt (RegISpencer-180th) Debtor-Creditor Uniform Law Modernization Act of 2015; enact (Substitute)(Judy-Jacobs-80th) Georgia Uniform Civil Forfeiture Procedure Act; enact (Substitute)(JudyAtwood-179th)
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HB 316
HB 340 HB 394
Professional corporations; practice of medicine and surgery and optometry shall be considered the practice of only one profession; provide (Substitute)(RegI-Reeves-34th) Alcoholic beverages; sales on Sunday during Saint Patrick's Day holiday period; change certain provisions (Substitute)(RegI-Petrea-166th) Georgia Board of Nursing; revise provisions relating to powers and duties; provisions (H&HS-Cooper-43rd)
Structured Rule
HB 234
Tax collection; days in which the Federal Reserve Bank is closed in the list of days that excuse late filing or payment; include (W&M-Rutledge-109th)
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. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 378. By Senators Orrock of the 36th, Miller of the 49th, Unterman of the 45th, Millar of the 40th, Lucas of the 26th and others:
A RESOLUTION honoring the life and memory of Eston Wycliffe "Wyc" Orr, Sr.; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 88. By Senators Jones of the 25th, Hill of the 6th, Mullis of the 53rd, Jeffares of the 17th, Burke of the 11th and others:
A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for the payment of wages by credit to a payroll card; to change certain
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provisions relating to payment of wages by lawful money, checks, or credit transfer and selection of payment dates by employers; to require employers to offer employees certain choices and information relating to the payment of wages; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 94. By Senators Bethel of the 54th and Cowsert of the 46th:
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 require a procedure for enhancing witness identification accuracy; to provide for definitions; to provide for written policies relating to witness identification protocol; to provide for policy requirements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 139. By Senators Harper of the 7th, Mullis of the 53rd, Wilkinson of the 50th, Tolleson of the 20th, Sims of the 12th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide that any regulation regarding the use, disposition, or sale or any imposition of any prohibition, restriction, fee imposition, or taxation of auxiliary containers shall be done only by general law; to provide for legislative findings; to provide for a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 480. By Representatives Dawkins-Haigler of the 91st, Quick of the 117th, Anderson of the 92nd, Chandler of the 105th, Stephenson of the 90th and others:
A RESOLUTION recognizing September 28-October 2, 2015, as Malnutrition Awareness Week in the State of Georgia; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 88.
By Senators Jones of the 25th, Hill of the 6th, Mullis of the 53rd, Jeffares of the 17th, Burke of the 11th and others:
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A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for the payment of wages by credit to a payroll card; to change certain provisions relating to payment of wages by lawful money, checks, or credit transfer and selection of payment dates by employers; to require employers to offer employees certain choices and information relating to the payment of wages; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
SB 94. By Senators Bethel of the 54th and Cowsert of the 46th:
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 require a procedure for enhancing witness identification accuracy; to provide for definitions; to provide for written policies relating to witness identification protocol; to provide for policy 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 Judiciary Non-Civil.
SB 139. By Senators Harper of the 7th, Mullis of the 53rd, Wilkinson of the 50th, Tolleson of the 20th, Sims of the 12th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide that any regulation regarding the use, disposition, or sale or any imposition of any prohibition, restriction, fee imposition, or taxation of auxiliary containers shall be done only by general law; to provide for legislative findings; to provide for a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Peake of the 141st, Beverly of the 143rd, Clark of the 101st et al., Bennett of the 94th, Nix of the 69th, Geisinger of the 48th, and Gravely of the 67th.
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Pursuant to HR 344, the House commended David Byers and invited him to be recognized by the House of Representatives.
Pursuant to HR 422, the House commended Lucas Teague and invited him to be recognized by the House of Representatives.
Pursuant to HR 342, the House commended the Sequoyah High School volleyball team for winning the 2014-2015 Class 5A State Championship and invited them 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 Health & Human Services:
HB 436. By Representatives Clark of the 101st, Cooper of the 43rd, Sims of the 123rd, Kaiser of the 59th, Hawkins of the 27th and others:
A BILL to be entitled an Act to amend Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to control of venereal disease, so as to require that physicians and health care providers offer HIV and syphilis testing of pregnant women in their third trimester of pregnancy; to provide for refusal of testing by a pregnant woman; 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 233. By Representatives Atwood of the 179th, Dudgeon of the 25th, Geisinger of the 48th, Dunahoo of the 30th and Jasperse of the 11th:
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; to amend Titles 3, 5, 7, 10, 12, 15, 17, 27, 36, 38, 40, 45, 46, 48, 49, and 52 of the O.C.G.A., relating to alcoholic beverages, appeal and error, banking and finance, commerce and trade, conservation and natural resources, courts, criminal procedure, game and fish, local government, military, emergency management, veterans affairs, motor vehicles and traffic, public officers and employees, public utilities and public transportation, revenue and taxation, social services, waters of the state, ports, and watercraft; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
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A BILL TO BE ENTITLED AN ACT
To amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide a comprehensive civil forfeiture procedure; to provide for a short title; to provide for definitions; to provide for jurisdiction and venue; to provide for innocent owners; to provide for seizure of property; to provide for notice and time frames for notice to interested parties; to provide for forfeiture liens; to provide for storage of property; to provide for quasi-judicial forfeiture, in rem forfeiture, and in personam forfeiture; to provide for temporary relief and stays of criminal proceedings; to provide for intervention by certain parties under certain circumstances; to provide for presumptions and the burden of proof; to provide for the disposition of seized property and reporting; to provide for the effect of federal law forfeitures; to amend Title 16 of the Official Code of Georgia Annotated, 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 Titles 3, 5, 7, 10, 12, 15, 17, 27, 36, 38, 40, 45, 46, 48, 49, and 52 of the Official Code of Georgia Annotated, relating to alcoholic beverages, appeal and error, banking and finance, commerce and trade, conservation and natural resources, courts, criminal procedure, game and fish, local government, military, emergency management, and veterans affairs, motor vehicles and traffic, public officers and employees, public utilities and public transportation, revenue and taxation, social services, and waters of the state, ports, and watercraft, respectively, 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I CIVIL FORFEITURE PROCEDURE
SECTION 1-1.
Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by adding a new chapter to read as follows:
"CHAPTER 16
9-16-1. This chapter shall be known and may be cited as the 'Georgia Uniform Civil Forfeiture Procedure Act.'
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9-16-2. As used in this chapter, the term:
(1)(A) 'Beneficial interest' means either of the following: (i) The interest of a person as a beneficiary under any written trust arrangement pursuant to which a trustee holds legal or record title to real property for the benefit of such person; or (ii) The interest of a person under any other written form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real property for the benefit of such person.
(B) Such term shall not include the interest of a stockholder in a corporation, the interest of a partner in either a general partnership or limited partnership, or an equitable interest. (2) 'Civil forfeiture proceeding' means a quasi-judicial forfeiture initiated pursuant to Code Section 9-16-11 or a complaint for forfeiture initiated pursuant to Code Section 9-16-12 or 9-16-13. (3) 'Costs' means, but shall not be limited to: (A) All expenses associated with the seizure, towing, storage, maintenance, custody, preservation, operation, or sale of property; and (B) Satisfaction of any security interest or lien not subject to forfeiture under this chapter. (4) 'Court costs' means, but shall not be limited to: (A) Charges and fees taxed by the court, including filing, transcription, and court reporter fees, and advertisement costs; and (B) Payment of receivers, conservators, appraisers, accountants, or trustees appointed by the court pursuant to Code Section 9-16-10 or 9-16-14. (5) 'Financial institution' means a bank, trust company, national banking association, industrial bank, savings institution, or credit union chartered and supervised under state or federal law. (6) 'Governmental agency' means any department, office, council, commission, committee, authority, board, bureau, or division of the executive, judicial, or legislative branch of a state, the United States, or any political subdivision thereof. (7) 'Interest holder' means a secured party within the meaning of Code Section 11-9102, the claim of a beneficial interest, or a perfected encumbrance pertaining to an interest in property. (8) 'Owner' means a person, other than an interest holder, who has an interest in property and is in compliance with any statute requiring its recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value. (9) 'Proceeds' means property derived directly or indirectly from, maintained by, or realized through an act or omission relating to criminal conduct and includes any benefit, interest, or property of any kind without reduction for expenses incurred for acquisition, maintenance, or any other purpose. (10) 'Property' means anything of value and includes any interest in anything of value, including real property and any fixtures thereon, and tangible and intangible
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personal property, including but not limited to currency, instruments, securities, or any other kind of privilege, interest, claim, or right. (11) 'Real property' means any real property situated in this state or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property. (12) 'State attorney' means a district attorney of this state or his or her designee or, when specifically authorized by law, the Attorney General or his or her designee.
(13)(A) 'Trustee' means either of the following: (i) Any person who holds legal or record title to real property for which any other person has a beneficial interest; or (ii) Any successor trustee or trustees to any of the foregoing persons.
(B) Such term shall not include the following: (i) Any person appointed or acting as: (I) A guardian, conservator, or personal representative under Title 29 or Chapters 1 through 11 of Title 53, the 'Revised Probate Code of 1998'; or (II) A personal representative under former Chapter 6 of Title 53 as such existed on December 31, 1997; or (ii) Any person appointed or acting as a trustee of any testamentary trust or as trustee of any indenture of trust under which any bonds are issued.
(14) 'United States' means the United States and its territories and possessions, the 50 states, and the District of Columbia.
9-16-3. (a) A civil forfeiture proceeding shall be filed by a state attorney in the name of the State of Georgia in any superior court of this state and may be brought:
(1) In the case of an in rem action, in the judicial circuit where the property is located; (2) In the case of an in personam action, in the judicial circuit in which the defendant resides; or (3) By the state attorney having jurisdiction over any offense which arose out of the same conduct which made the property subject to forfeiture. (b) If more than one state attorney has jurisdiction to file a civil forfeiture proceeding, the state attorney having primary jurisdiction over the conduct giving rise to the forfeiture shall, in the event of a conflict, have priority over any other state attorney. (c) A civil forfeiture proceeding may be compromised or settled in the same manner as other civil actions.
9-16-4. A complaint for forfeiture pursuant to Code Section 9-16-12 or 9-16-13 shall be tried:
(1) If the complaint for forfeiture is in rem against real property, in the county where the property is located, except where a single tract is divided by a county line, in which case the superior court of either county shall have jurisdiction;
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(2) If the complaint for forfeiture is in rem against tangible or intangible personal property, in any county where the property is located or will be located during the pendency of the action; or (3) If the complaint for forfeiture is in personam, as provided in Article VI, Section II of the Constitution.
9-16-5. If a seized vehicle is registered to a person or entity that was not present at the scene of the seizure and whose conduct did not give rise to the seizure, the seizing officer or his or her designee shall make a reasonable effort to determine the name of the registered owner of the seized vehicle and, upon learning such registered owner's telephone number or address, inform such registered owner that the vehicle has been seized.
9-16-6. (a) Property subject to forfeiture may be seized by any law enforcement officer of this state or any political subdivision thereof who has power to make arrests or execute process or a search warrant issued by any court having jurisdiction over the property. A court issued warrant authorizing seizure of property subject to forfeiture may be issued on an affidavit demonstrating that probable cause exists for its forfeiture or that the property has been the subject of a previous final judgment of forfeiture in the courts of the United States. The court may order that the property be seized on such terms and conditions as are reasonable. (b) Property subject to forfeiture may be seized without process if probable cause exists to believe that the property is subject to forfeiture or the seizure is incident to an arrest or search pursuant to a search warrant or to an inspection under an inspection warrant. (c) The court's jurisdiction over any civil forfeiture proceeding shall not be affected by a seizure in violation of the Constitution of Georgia or the Constitution of the United States made with process or in a good faith belief of probable cause.
9-16-7. (a) When property that is intended to be forfeited is taken by any law enforcement officer of this state, within 30 days thereof the seizing officer shall, in writing, report the fact of seizure and conduct an inventory and estimate the value of the property seized and provide such information to the district attorney of the judicial circuit having jurisdiction in the county where the seizure was made. (b) Within 60 days from the date of seizure, the state attorney shall:
(1) Initiate a quasi-judicial forfeiture as provided for in Code Section 9-16-11; or (2) File a complaint for forfeiture as provided for in Code Section 9-16-12 or 9-1613. (c) If the seizing officer fails to comply with subsection (a) of this Code section or the state attorney fails to comply with subsection (b) of this Code section, the property shall be released on the request of an owner or interest holder, pending a complaint for
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forfeiture pursuant to Code Section 9-16-12 or 9-16-13, unless the property is being held as evidence. When the court releases property pursuant to this subsection, upon application by the state attorney, it may impose conditions as specified in paragraph (1) of Code Section 9-16-14.
9-16-8. (a) A state attorney may file, without a filing fee, a forfeiture lien upon the initiation of any civil forfeiture proceeding or criminal proceeding or upon seizure for forfeiture. The forfeiture lien filing shall constitute notice to any person claiming an interest in the property owned by the named person. The forfeiture lien shall include the following information:
(1) The name of each person who has a known interest in the seized property and, in the discretion of the state attorney, any alias and any corporations, partnerships, trusts, or other entities, including nominees, that are either owned entirely or in part or controlled by such persons; and (2) A description of the property, the value of the property claimed by the state attorney, the name of the court where the civil forfeiture proceeding or criminal proceeding has been brought, and the case number of the civil forfeiture proceeding or criminal proceeding if known at the time of filing the forfeiture lien. (b) A forfeiture lien filed pursuant to this Code section shall apply to: (1) The described property; (2) Each named person and any aliases, fictitious names, or other names, including names of corporations, partnerships, trusts, or other entities that are either owned entirely or in part or controlled by each named person; and (3) Any interest in real property owned or controlled by each named person. (c) A forfeiture lien creates, upon filing, a lien in favor of the state as it relates to the seized property or to any named person or related entities with respect to such property. Such forfeiture lien secures the amount of potential liability for civil judgment and, if applicable, the fair market value of seized property relating to any civil forfeiture proceeding enforcing such lien. A forfeiture lien referred to in this Code section shall be filed in accordance with the provisions of the laws in this state pertaining to the type of property that is subject to the forfeiture lien. The state attorney may amend or release, in whole or in part, a forfeiture lien filed under this Code section at any time by filing, without a filing fee, an amended forfeiture lien in accordance with this Code section which identifies the forfeiture lien amended. The state attorney, as soon as practical after filing a forfeiture lien, shall furnish to any person named in the forfeiture lien a notice of the filing of the forfeiture lien. Failure to furnish such notice shall not invalidate or otherwise affect a forfeiture lien filed in accordance with this Code section. (d) Upon entry of judgment in favor of the state, the state attorney may proceed to execute on the forfeiture lien as in the case of any other judgment. (e) A trustee, constructive or otherwise, who has notice that a forfeiture lien, a notice of pending forfeiture, or a complaint for forfeiture has been filed against the property or
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against any person or entity for whom the person holds title or appears as the owner of record shall furnish, within ten days of receiving notice as provided by this subsection, to the state attorney the following information:
(1) The name and address of the person or entity for whom the property is held; (2) The names and addresses of all beneficiaries for whose benefit legal title to the seized property, or property of the named person or related entity, is held; and (3) A copy of the applicable trust agreement or other instrument, if any, under which the trustee or other person holds legal title or appears as the owner of record of the property. (f) A trustee, constructive or otherwise, who fails to comply with subsection (e) of this Code section shall be guilty of a misdemeanor.
9-16-9. (a) Property attached or seized under this chapter shall not be subject to replevin, conveyance, sequestration, or attachment. (b) The seizing law enforcement agency or the state attorney may authorize the release of the attached or seized property if the forfeiture or retention is unnecessary or may transfer the civil forfeiture proceeding to another agency or state attorney by discontinuing such proceeding in favor of a civil forfeiture proceeding initiated by another law enforcement agency or state attorney. (c) A complaint for forfeiture pursuant to Code Section 9-16-12 or 9-16-13 may be assigned to the same judge hearing any other complaint for forfeiture or criminal proceeding involving substantially the same parties or same property in accordance with the Uniform Superior Court Rules. (d) Property shall be deemed to be in the custody of the State of Georgia subject only to the orders and decrees of the superior court having jurisdiction over the civil forfeiture proceeding.
9-16-10. (a) If property is seized, the state attorney may:
(1) Remove the property to a place designated by the superior court having jurisdiction over a civil forfeiture proceeding; (2) Place the property under constructive seizure by giving notice of pending forfeiture to its owners and interest holders and filing notice of seizure in any appropriate public record relating to the property. Notice of a pending forfeiture may be posted in a prominent location in the courthouse for the jurisdiction having venue for the forfeiture if the owners' and interest holders' names are not known; (3) Remove the property to a storage area within the jurisdiction of the court for safekeeping; (4) Provide for another governmental agency, a receiver appointed by the court pursuant to Chapter 8 of this title, an owner, or an interest holder to take custody of the property and remove it to an appropriate location within the county where the property was seized; or
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(5) Require the sheriff or chief of police of the political subdivision where the property was seized to take custody of the property and remove it to an appropriate location for disposition in accordance with law. (b)(1) The court, upon motion of the state attorney, a claimant, or the custodian of the property, may order property or any portion thereof to be sold upon such terms and conditions as may be prescribed by the court if the expense of keeping such property which has been attached or seized is excessive or disproportionate to the value of such property or such property:
(A) Is a depreciating asset; (B) Is perishable or is liable to perish or waste; or (C) May be greatly reduced in value by keeping it. (2) The income from such sale shall be paid into the registry of the court pending final disposition of a civil forfeiture proceeding. (c)(1) If the property is currency and is not needed for evidentiary purposes, within 60 days of the seizure the seizing agency, or the state attorney if he or she has possession of such currency, shall deposit the currency into an account: (A) That is separate from other operating accounts; (B) That bears interest, if such account is available; and (C) At a financial institution that has a branch location within the county where the civil forfeiture proceeding is located, and if such financial institution is not available, at a financial institution approved by the chief superior court judge of the circuit in which such county is located. (2) If the property is a negotiable instrument and is not needed for evidentiary purposes, within 60 days of the seizure the seizing agency, or the state attorney if he or she has possession of such item, shall secure the negotiable instrument in a financial institution that has a branch location within the county where the civil forfeiture proceeding is located, and if such financial institution is not available, at a financial institution approved by the chief superior court judge of the circuit in which such county is located. If such instrument is converted to currency, it shall be deposited in accordance with paragraph (1) of this subsection. (3) The account holder shall annually pay any interest that accrues under this subsection into the County Drug Abuse Treatment and Education Fund established pursuant to Article 6 of Chapter 21 of Title 15 at the same time the account holder files its annual report in accordance with subsection (g) of Code Section 9-16-19.
9-16-11. (a) If the estimated value of personal property seized is $25,000.00 or less, the state attorney shall post a notice of the seizure of such property in a prominent location in the courthouse of the county in which the property was seized. Such notice shall include:
(1) A description of the property; (2) The date and place of seizure; (3) The conduct giving rise to forfeiture; (4) The alleged violation of law; and
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(5) A statement that the owner or interest holder of such property has 30 days within which a claim must be served on the state attorney by certified mail or statutory overnight delivery, return receipt requested, and that such claim shall be signed by the owner or interest holder and shall provide:
(A) The name of the claimant; (B) The address at which the claimant resides; (C) A description of the claimant's interest in the property; (D) A description of the circumstances of the claimant's obtaining an interest in the property and, to the best of the claimant's knowledge, the date the claimant obtained the interest and the name of the person or entity that transferred the interest to the claimant; (E) The nature of the relationship between the claimant and the person who possessed the property at the time of the seizure; (F) A copy of any documentation in the claimant's possession supporting his or her claim; and (G) Any additional facts supporting his or her claim. (b) The state attorney shall serve a copy of the notice specified in subsection (a) of this Code section upon an owner, interest holder, and person in possession of the property at the time of seizure as follows: (1) If the name and current address of the person in possession of the property at the time of the seizure, owner, or interest holder are known, provide notice by either personal service or mailing a copy of the notice by certified mail or statutory overnight delivery, return receipt requested, to that address; (2) If the name and address of the person in possession of the property at the time of seizure, owner, or interest holder are required by law to be on public record with a governmental agency to perfect an interest in the property but the owner's or interest holder's current address is not known, mail a copy of the notice by certified mail or statutory overnight delivery, return receipt requested, to any address on the record; or (3) If the current address of the person in possession of the property at the time of the seizure, owner, or interest holder is not known and is not on record as provided in paragraph (2) of this subsection or the name of the person in possession of the property at the time of the seizure, owner, or interest holder is not known, publish a copy of the notice of seizure once a week for two consecutive weeks in the legal organ for the county in which the seizure occurs. (c)(1) The owner or interest holder may serve a claim to the seized property within 30 days after being served or within 30 days after the second publication of the notice of seizure, whichever occurs last, by sending the claim to the state attorney by certified mail or statutory overnight delivery, return receipt requested. (2) The claim shall be signed by the owner or interest holder and shall provide: (A) The name of the claimant; (B) The address at which the claimant resides; (C) A description of the claimant's interest in the property;
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(D) A description of the circumstances of the claimant's obtaining an interest in the property and, to the best of the claimant's knowledge, the date the claimant obtained the interest and the name of the person or entity that transferred the interest to the claimant; (E) The nature of the relationship between the claimant and the person who possessed the property at the time of the seizure; (F) A copy of any documentation in the claimant's possession supporting his or her claim; and (G) Any additional facts supporting his or her claim. (3) If any claim is served, even when the state attorney determines that the information provided by the claimant pursuant to paragraph (2) of this subsection is insufficient, the state attorney shall file a complaint for forfeiture as provided in Code Section 9-16-12 or 9-16-13 within 30 days of the actual receipt of the claim. Such complaint shall be filed specifically as to the property claimed and the state attorney shall join as a party any person who serves the state attorney with a claim. (4) As to any property to which no claim is received within 30 days after service of the notice of seizure or the second publication of the notice of seizure, whichever occurs last, all right, title, and interest in the property shall be forfeited to the state by operation of law and the state attorney shall dispose of the property as provided in Code Section 9-16-19. The state attorney shall serve a copy of the order forfeiting the property by first-class mail upon any person who was served with a notice of seizure.
9-16-12. (a) In actions in rem, the property which is the subject of the complaint for forfeiture shall be named as the defendant. The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner consistent with Article 5 of Chapter 10 of this title. Such complaint shall describe the property with reasonable particularity; state that it is located within the county or will be located within the county during the pendency of the action; state its present custodian; state the name of the owner or interest holder, if known; allege the essential elements of the criminal violation which is claimed to exist; state the place of seizure, if the property was seized; and conclude with a prayer of due process to enforce the forfeiture.
(b)(1) A copy of the complaint and summons shall be served on any person known to be an owner or interest holder and any person who is in possession of the property. (2) Issuance of the summons, form of the summons, and service of the complaint and summons shall be as provided in subsections (a), (b), (c), and (e) of Code Section 911-4. (3) If real property is the subject of the complaint for forfeiture or the owner or interest holder is unknown or resides out of this state or departs this state or cannot after due diligence be found within this state or conceals himself or herself so as to avoid service, a copy of the notice of the complaint for forfeiture shall be published once a week for two consecutive weeks in the legal organ of the county in which the complaint for forfeiture is pending. Such publication shall be deemed notice to any
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and all persons having an interest in or right affected by such complaint for forfeiture and from any sale of the property resulting therefrom, but shall not constitute notice to an interest holder unless that person is unknown or resides out of this state or departs this state or cannot after due diligence be found within this state or conceals himself or herself to avoid service. (4) If tangible property which has not been seized is the subject of the complaint for forfeiture, the court may order the sheriff or another law enforcement officer to take possession of the property. If the character or situation of the property is such that the taking of actual possession is impracticable, the sheriff shall execute process by affixing a copy of the complaint and summons to the property in a conspicuous place and by leaving another copy of the complaint and summons with the person having possession or his or her agent. In cases involving a vessel or aircraft, the sheriff or other law enforcement officer shall be authorized to make a written request with the appropriate governmental agency not to permit the departure of such vessel or aircraft until notified by the sheriff or the sheriff's deputy that the vessel or aircraft has been released. (c)(1) An owner of or interest holder in the property may file an answer asserting a claim against the property in the action in rem. Any such answer shall be filed within 30 days after the service of the summons and complaint. If service is made by publication and personal service has not been made, an owner or interest holder shall file an answer within 30 days of the date of final publication. An answer shall be verified by the owner or interest holder under penalty of perjury. In addition to complying with the general rules applicable to filing an answer in civil actions as set forth in Article 3 of Chapter 11 of this title, the answer shall set forth:
(A) The name of the claimant; (B) The address at which the claimant resides; (C) A description of the claimant's interest in the property; (D) A description of the circumstances of the claimant's obtaining an interest in the property and, to the best of the claimant's knowledge, the date the claimant obtained the interest and the name of the person or entity that transferred the interest to the claimant; (E) The nature of the relationship between the claimant and the person who possessed the property at the time of the seizure; (F) A copy of any documentation in the claimant's possession supporting his or her answer; and (G) Any additional facts supporting the claimant's answer. (2) If the state attorney determines that an answer is deficient in some manner, he or she may file a motion for a more definite statement. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within 15 days after notice of the order, or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just. If a motion for a more definite statement
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is filed, the time requirements for a trial set forth in subsection (f) of this Code section shall not commence until a sufficient answer has been filed. (d) In addition to any injured person's right of intervention pursuant to Code Section 916-16, any owner or interest holder or person in possession of the property who suffers a pecuniary loss or physical injury due to a violation of Code Section 16-5-46, Article 4 or 5 of Chapter 8 of Title 16, or Chapter 14 of Title 16 may be permitted to intervene in any civil action brought pursuant to this Code section or Code Section 9-16-13 as provided by Chapter 11 of this title. (e) If at the expiration of the period set forth in subsection (c) of this Code section no answer has been filed, the state attorney may seek a default judgment as provided in Code Section 9-11-55 and, if granted, the court shall order the disposition of the seized property as provided for in Code Section 9-16-19. (f) If an answer is filed, a bench trial shall be held within 60 days after the last claimant was served with the complaint; provided, however, that such trial may be continued by the court for good cause shown. Discovery as provided for in Article 5 of Chapter 11 of this title shall not be allowed; however, prior to trial, any party may apply to the court to allow for such discovery, and if discovery is allowed, the court may provide for the scope and duration of discovery and may continue the trial to a date not more than 60 days after the end of the discovery period unless continued by the court for good cause shown. (g) An action in rem may be brought by the state attorney in addition to or in lieu of any other in rem or in personam action brought pursuant to this chapter.
9-16-13. (a) In actions in personam, the complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner consistent with Article 5 of Chapter 10 of this title. The complaint shall:
(1) Describe with reasonable particularity the property which is sought to be forfeited; (2) State the property's present custodian; (3) State the name of the owner or interest holder, if known; (4) Allege the essential elements of the criminal violation which is claimed to exist; (5) State the place of seizure, if the property was seized; and (6) Conclude with a prayer of due process to enforce the forfeiture. (b) Service of the complaint and summons shall be as follows: (1) Except as otherwise provided in this Code section, issuance of the summons, form of the summons, and service of the complaint and summons shall be as provided by subsections (a), (b), (c), and (d) of Code Section 9-11-4; and (2) If the defendant is unknown or resides out of this state or departs this state or cannot after due diligence be found within this state or conceals himself or herself so as to avoid service, notice of the complaint for forfeiture shall be published once a week for two consecutive weeks in the legal organ of the county in which the
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complaint for forfeiture is pending. Such publication shall be deemed sufficient notice to any such defendant. (c) A defendant shall file a verified answer within 30 days after the service of the summons and complaint. If service is made by publication and personal service has not been made, a defendant shall file such answer within 30 days of the date of final publication. In addition to complying with the general rules applicable to filing an answer in civil actions as set forth in Article 3 of Chapter 11 of this title, the answer shall contain all of the elements set forth in subsection (c) of Code Section 9-16-12. If the state attorney determines that an answer is deficient in some manner, he or she may file a motion for a more definite statement. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within 15 days after notice of the order, or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just. If a motion for a more definite statement is filed, the time requirements for a trial set forth in subsection (f) of this Code section shall not commence until a sufficient answer has been filed. (d) In addition to any injured person's right of intervention pursuant to Code Section 916-16, any owner or interest holder or person in possession of the property who suffers a pecuniary loss or physical injury due to a violation of Code Section 16-5-46, Article 4 or 5 of Chapter 8 of Title 16, or Chapter 14 of Title 16 may be permitted to intervene in any civil action brought pursuant to this Code section or Code Section 9-16-12 as provided by Chapter 11 of this title. (e) If at the expiration of the period set forth in subsection (c) of this Code section no answer has been filed, the state attorney may seek a default judgment as provided in Code Section 9-11-55 and, if granted, the court shall order the disposition of the seized property as provided for in Code Section 9-16-19. (f) If an answer is filed, a bench trial shall be held within 60 days after the last claimant was served with the complaint; provided, however, that such trial may be continued by the court for good cause shown. Discovery as provided for in Article 5 of Chapter 11 of this title shall not be allowed; however, prior to trial any party may apply to the court to allow for such discovery, and if discovery is allowed, the court may provide for the scope and duration of discovery and may continue the trial to a date not more than 60 days after the end of the discovery period unless continued by the court for good cause shown. (g) On a determination of liability of a person for conduct giving rise to forfeiture, the court shall enter a judgment of forfeiture of the property described in the complaint and shall also authorize the state attorney or his or her agent or any law enforcement officer or peace officer to seize all property ordered to be forfeited which was not previously seized or was not then under seizure. Following the entry of an order declaring the property forfeited, the court, on application of the state attorney, may enter any appropriate order to protect the interest of the state in the property ordered to be forfeited.
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9-16-14. In conjunction with any civil forfeiture proceeding or criminal proceeding involving forfeiture:
(1) The court, upon application of the state attorney, may enter any restraining order or injunction; require the execution of satisfactory performance bonds; appoint receivers, conservators, appraisers, accountants, or trustees; or take any action to seize, secure, maintain, or preserve the availability of property subject to forfeiture, including issuing a warrant for its seizure and writ of attachment, whether before or after the filing of a complaint for forfeiture; (2) A temporary restraining order under this Code section may be entered on application of the state attorney, without notice or an opportunity for a hearing, if the state attorney demonstrates that:
(A) There is probable cause to believe that the property subject to the order, in the event of final judgment or conviction, would be subject to forfeiture; and (B) Provision of notice would jeopardize the availability of the property for forfeiture; (3) Notice of the entry of a restraining order and an opportunity for a hearing shall be afforded to persons known to have an interest in the property. The hearing shall be held at the earliest possible date consistent with subsection (b) of Code Section 9-1165 and shall be limited to the issues of whether: (A) There is a probability that the state will prevail on the issue of forfeiture and that failure to enter the order will result in the property's being destroyed, conveyed, encumbered, removed from the jurisdiction of the court, concealed, or otherwise made unavailable for forfeiture; and (B) The need to preserve the availability of the property through the entry of the requested order outweighs the hardship on any owner or interest holder against whom the order is to be entered; (4) If property is seized for forfeiture or a forfeiture lien is filed without a previous judicial determination of probable cause or order of forfeiture or a hearing under paragraph (2) of this Code section, the court, on an application filed by an owner of or interest holder in the property within 30 days after notice of its seizure or forfeiture lien or actual knowledge of such seizure or lien, whichever is earlier, and complying with the requirements for an answer to an in rem complaint, and after five days' notice to the district attorney of the judicial circuit where the property was seized or, in the case of a forfeiture lien, to the state attorney filing such lien, may issue an order to show cause to the state attorney and seizing law enforcement agency for a hearing on the sole issue of whether probable cause for forfeiture of the property then exists. The hearing shall be held within 30 days unless continued for good cause on motion of either party. If the court finds that there is no probable cause for forfeiture of the property, the property shall be released. In determining probable cause, the court shall apply the rules of evidence; provided, however, that hearsay shall be admissible; and
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(5) The court may order property that has been seized for forfeiture to be sold to satisfy a specified interest of any interest holder, on motion of any party, and after notice and a hearing, on the conditions that:
(A) The interest holder has filed a proper claim and has an interest that the state attorney has stipulated is exempt from forfeiture, provided that if the interest holder is a financial institution, it is also authorized to do business in this state and is under the jurisdiction of a governmental agency which regulates financial institutions, securities, insurance, or real estate; (B) The interest holder shall dispose of the property by commercially reasonable public sale and apply the income first to its interest and then to its reasonable expenses incurred in connection with the sale or disposal; and (C) The balance of the income, if any, shall be returned to the actual or constructive custody of the court, in an interest bearing account, subject to further proceedings under this chapter.
9-16-15. (a) For good cause shown by the state or the owner or interest holder of the property, the court may stay civil forfeiture proceedings during the pendency of criminal proceedings resulting from a related indictment or accusation until such time as the criminal proceedings result in a plea of guilty, a conviction after trial, or an acquittal after trial or are otherwise concluded before the trial court. (b) An acquittal or dismissal in a criminal proceeding shall not preclude civil forfeiture proceedings. (c) A defendant convicted in any criminal proceeding shall be precluded from later denying the essential allegations of the criminal offense of which the defendant was convicted in any civil forfeiture proceeding against such defendant pursuant to this chapter, regardless of the pendency of an appeal from that conviction; provided, however, that the evidence of the pendency of an appeal shall be admissible. For the purposes of this subsection, the term 'conviction' means the result from a verdict or plea of guilty, including a plea of nolo contendere.
9-16-16. (a) As used in this Code section, the term 'injured person' means any person who suffers a pecuniary loss or physical injury due to a violation of Code Section 16-5-46, Article 4 or 5 of Chapter 8 of Title 16, or Chapter 14 of Title 16. In the event that such person is a child or deceased, the provisions of subparagraphs (B) and (C) of paragraph (11) of Code Section 17-17-3 shall apply. (b) If an injured person has provided contact information pursuant to Chapter 17 of Title 17, a state attorney shall serve every known injured person, if he or she has not previously been served, with a copy of the complaint for forfeiture and a notice of such person's right of intervention at least 30 days prior to the entry of a final judgment. (c) Notwithstanding the distribution of forfeiture proceeds as set forth in Code Section 9-16-19, any injured person shall have a right or claim to forfeited property or to the
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proceeds superior to any right or claim the state or local government has in the same property or proceeds other than for costs. To enforce such a claim, the injured person must intervene in the civil forfeiture proceeding prior to the entry of a final judgment.
9-16-17. (a)(1) The state's burden of proof shall be to show by a preponderance of the evidence that seized property is subject to forfeiture. (2) A property interest shall not be subject to forfeiture under this chapter if the owner of the interest or interest holder establishes that the owner or interest holder: (A) Is not privy to criminal conduct giving rise to its forfeiture; (B) Did not consent to the conduct giving rise to the forfeiture; (C) Did not know of the conduct giving rise to the forfeiture; (D) Did not know the conduct giving rise to the forfeiture was likely to occur; (E) Should not have reasonably known the conduct giving rise to the forfeiture was likely to occur; (F) Had not acquired and did not stand to acquire substantial proceeds from the conduct giving rise to its forfeiture other than as an interest holder in an arm's length commercial transaction; (G) With respect to conveyances for transportation only, did not hold the property jointly, in common, or in community with a person whose conduct gave rise to the forfeiture; (H) Does not hold the property for the benefit of or as nominee for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired the interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value without knowingly taking part in an illegal transaction; and (I) Acquired the interest: (i) Before the completion of the conduct giving rise to its forfeiture and the person whose conduct gave rise to its forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or (ii) After the completion of the conduct giving rise to its forfeiture: (I) As a bona fide purchaser for value without knowingly taking part in an illegal transaction; (II) Before the filing of a forfeiture lien on it and before the effective date of a notice of pending forfeiture relating to it and without notice of its seizure for forfeiture; and (III) At the time the interest was acquired, was reasonably without cause to believe that the property was subject to forfeiture or likely to become subject to forfeiture.
(b) There shall be a rebuttable presumption that any property of a person is subject to forfeiture under this chapter if the state attorney establishes by a preponderance of the evidence that:
(1) The person has engaged in conduct giving rise to forfeiture;
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(2) The property was acquired by the person during the period of the conduct giving rise to forfeiture or within a reasonable time after such period; and (3) There was no likely source for the property other than the conduct giving rise to forfeiture.
9-16-18. (a) All property declared to be forfeited vests in the state at the time of commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Any property or proceeds transferred later to any person remain subject to forfeiture and thereafter shall be ordered to be forfeited unless the transferee claims and establishes in a hearing under this chapter that the transferee is a bona fide purchaser for value and the transferee's interest is exempt under paragraph (2) of subsection (a) of Code Section 9-16-17. (b) On entry of judgment for a person claiming an interest in the property that is subject to a civil forfeiture proceeding, the court shall order that the property or interest in the property be released or delivered promptly to that person free of liens and encumbrances.
9-16-19. (a) As used in this Code section, the term:
(1) 'Entity' means and includes, but shall not be limited to, a law enforcement agency, multijurisdictional task force, or office, agency, authority, department, commission, board, body, division, instrumentality, or institution of the state or any political subdivision. (2) 'Law enforcement agency' means a governmental unit of one or more persons employed full time or part time by the state, a state agency or department, or a political subdivision for the purposes of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes or seize property while acting within the scope of their authority. (3) 'Multijurisdictional task force' means a cooperative law enforcement effort involving personnel from two or more law enforcement agencies who are employed by or acting under the authority of different governmental authorities. (4) 'Official law enforcement purpose' means expenditures associated with investigations; training; travel; the purchase, lease, maintenance, and improvement of equipment, law enforcement facilities, and detention facilities; capital improvements; victim assistance and witness assistance services; the costs of accounting, auditing, and tracking of expenditures for federally shared cash, proceeds, and tangible property; awards, museums, and memorials directly related to law enforcement; drug and gang education and awareness programs; the payment of matching funds for state or federal grant programs that enhance law enforcement services to the community or judicial circuit; and reimbursement to a governing authority for a pro rata share of the indirect costs incurred by the governing authority for a common or joint purpose
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benefiting the law enforcement agency and other local government agencies which are not readily assignable to any particular agency. (5) 'Official prosecutorial purpose' means expenditures associated with investigations; hearings; trials; appeals; forensic services; language interpreters or interpreters for the hearing impaired; travel expenses that conform to the provisions set forth in Code Sections 15-18-12 and 50-5B-5; training related to the official functions of the district attorney; the purchase, lease, maintenance, and improvement of equipment; victim assistance and witness assistance services; the payment of matching funds for state or federal grant programs that enhance prosecution, victim, or witness services to the community or judicial circuit; reimbursement to a governing authority for a pro rata share of the indirect costs incurred by the governing authority for a common or joint purpose benefiting the district attorney's office and other local government agencies which are not readily assignable to any particular agency; and the payment of salaries and benefits in conformity with subsection (e) of Code Section 15-18-19 and Code Section 15-18-20.1. (6) 'Prosecuting Attorneys' Council' means the Prosecuting Attorneys' Council of the State of Georgia. (b) Whenever property is forfeited under this chapter, any property which is required by order of the court or by law to be destroyed or which is harmful to the public shall, when no longer needed for evidentiary purposes, be destroyed or forwarded to the Division of Forensic Sciences of the Georgia Bureau of Investigation or any other agency of state or local government for destruction or for any medical or scientific use not prohibited under the laws of this state or of the United States. (c) When property, other than currency or real property, is forfeited under this chapter, the court may: (1) Order the property to be sold, with the income from the sale to be distributed as provided in subsection (f) of this Code section; or (2) Provide for the in-kind distribution of the property as provided for in subsection (f) of this Code section. (d) When real property is forfeited, the court may appoint a person to act as the receiver of such property for the limited purpose of holding and transferring title and may order that: (1) The title to the real property be placed in the name of the state; (2) The title to the real property be placed in the name of the political subdivision which will be taking charge of such property. Such political subdivision shall then:
(A) Sell the property with such conditions as the court deems proper and distribute the income as provided in subsection (f) of this Code section; or (B) Hold the property for use by one or more law enforcement agencies; (3) The real property be turned over to an appropriate political subdivision without restrictions; (4) The real property be deeded to a land bank authority as provided in Article 4 of Chapter 4 of Title 48; or
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(5) The real property be disposed of in any commercially reasonable manner as the court deems proper. (e) When property is to be sold pursuant to this Code section: (1) The court may direct that such property be sold by:
(A) Judicial sale as provided in Article 7 of Chapter 13 of this title; provided, however, that the court may establish a minimum acceptable price for such property; or (B) Any commercially feasible means, including, but not limited to, in the case of real property, listing such property with a licensed real estate broker, selected by a state attorney through competitive bids; and (2) The income from such sale shall be paid into the registry of the court or deposited into an account as specified in paragraph (1) of subsection (c) of Code Section 9-1610 as directed by the court. (f)(1) The state attorney shall submit a proposed order of distribution to the court and the court shall issue an order of distribution. Such order shall specify the time frame for the transfer of forfeited property and the entity responsible for effectuating the transfer of such property. The state attorney shall provide a copy of the order of distribution to any entity responsible for effectuating such transfer. The state attorney shall provide a copy of the order of distribution to the chief executive officer of each political subdivision whose law enforcement agency will receive a distribution pursuant to such order. (2) All property forfeited in the same civil forfeiture proceeding shall be pooled together and a fair market value shall be assigned to each item of property other than currency in such pool. A total value shall be established for the pool by adding together the fair market value of all such property in the pool, the amount of currency in the pool, and any accrued interest. (3)(A) The first distribution from the pool shall be to pay costs and court costs to the entity incurring the costs or court costs. (B) Except as provided in subparagraph (E) of this paragraph, the second distribution from the pool, upon the request of the district attorney, shall be 10 percent of such pool which shall be paid to the district attorney's office, in recognition of the district attorney's effort in completing the civil forfeiture proceeding, and shall be used by a district attorney for official prosecutorial purposes. Forfeited property and the sums held by a district attorney shall be in addition to the respective budgets of the state and the counties comprising the judicial circuit for a district attorney and shall not supplant such appropriations. (C) Except as provided in subparagraph (E) of this paragraph, the third distribution from the pool shall be pro rata to law enforcement agencies and multijurisdictional task forces according to the role each law enforcement agency or multijurisdictional task force played in the seizure and forfeiture of the forfeited property up to the limits set forth in division (4)(A)(ii) of this subsection.
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(D) If there remains currency in the pool after the distributions set forth in subparagraphs (A) through (C) of this paragraph, it may be distributed as further set forth in division (4)(A)(iii) or (4)(B)(ii) of this subsection, as applicable. (E) If the civil forfeiture proceeding results from criminal conduct in violation of Article 11 of Chapter 1 of Title 7, Code Section 16-5-46, Article 5 of Chapter 8 of Title 16, or Chapter 14 of Title 16, after satisfaction of the interest of any innocent party, the court may make any division of the pool among the state, political subdivisions, or agencies or departments of the state or political subdivisions commensurate with the assistance each contributed to the underlying criminal prosecution or civil forfeiture proceeding, or both such actions. (4) Property distribution shall be as follows: (A) With respect to political subdivisions:
(i) Property distributed in kind to a political subdivision or multijurisdictional task force for use by an agency, department, or officer of a political subdivision for official law enforcement purposes shall be designated in the order of distribution and shall be titled accordingly; provided, however, that property may be distributed for other purposes to any other entity so long as such designation is made in the order of distribution and reported in accordance with subsection (g) of this Code section. If real property is distributed to a political subdivision, the political subdivision may transfer the real property to a land bank authority as provided in Article 4 of Chapter 4 of Title 48. When in-kind property is no longer needed by the recipient, it shall be disposed of in accordance with the political subdivision's policy and procedure; (ii) Currency distributed to local law enforcement agencies or to multijurisdictional task forces shall be paid or credited to such agencies or task forces as provided in the order of distribution; provided, however, that such agency or task force shall not be eligible to receive more than 33 1/3 percent of the amount of local funds appropriated or otherwise made available to such agency or task force for the fiscal year in which such funds are distributed. Such currency may be used for any official law enforcement purpose at the discretion of the chief officer of the law enforcement agency receiving such distribution, provided that such distribution shall not be used to supplant any other local, state, or federal funds appropriated for staff or operations or to pay salaries or rewards to law enforcement personnel; (iii) Currency not distributed pursuant to division (ii) of this subparagraph shall be expended for any official law enforcement purpose; for the representation of indigents in criminal cases; for drug treatment, mental health treatment, rehabilitation, prevention, or education or any other program which deters drug or substance abuse or responds to problems created by drug or substance abuse; for use as matching funds for grant programs related to drug treatment or prevention; to fund victim assistance; or for any combination of the foregoing; and (iv) When a chief officer of a law enforcement agency does not qualify as a candidate for reelection or has been defeated in any election, he or she shall not
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transfer any currency or property received due to civil forfeiture proceedings to any other entity prior to leaving office; provided, however, that he or she may continue to expend such currency or make use of such property for any official law enforcement purpose within his or her law enforcement agency; and (B) With respect to the state: (i) Property distributed in kind to the state for use by a state agency, officer of the state, or district attorney shall be designated in the order of distribution; provided, however, that property may be distributed for other purposes to any other entity so long as such designation is made in the order of distribution and reported in accordance with subsection (g) of this Code section. When a state agency, officer of the state, or district attorney determines that in-kind property is no longer needed by the recipient, it shall be delivered over to the Department of Administrative Services for such use or disposition as may be determined by the commissioner of administrative services; (ii) Currency distributed to the state for use by a state agency, officer of the state, district attorney, or as further set forth in this division shall be paid as provided in the order of distribution. It is the intent of the General Assembly that the currency otherwise distributed to the state be used, subject to appropriation from the general fund in the manner provided by law, for funding of Article 2 of Chapter 12 of Title 17, the 'Georgia Indigent Defense Act of 2003,' for representation of indigents in criminal cases; for funding of the Georgia Crime Victims Emergency Fund; for law enforcement and prosecution agency programs and particularly for funding of advanced drug investigation and prosecution training for law enforcement officers and prosecuting attorneys; for drug treatment, mental health treatment, rehabilitation, prevention, or education or any other program which deters drug or substance abuse or responds to problems created by drug or substance abuse; for use as matching funds for grant programs related to drug treatment or prevention; or for financing the judicial system of the state; and (iii) When a district attorney does not qualify as a candidate for reelection or has been defeated in any election, he or she shall not transfer any currency or property received due to civil forfeiture proceedings to any other entity prior to leaving office; provided, however, that he or she may continue to expend such currency or make use of such property for any official prosecutorial purpose within his or her office. (g)(1) Property and proceeds forfeited pursuant to this chapter and any income resulting from the sale of forfeited property is government property. It is the intent of the General Assembly that there be accountability and transparency applicable to the distribution of forfeited property and income from the sale of forfeited property. The appropriate accounting and auditing standards shall be applicable to such distribution. (2) Any law enforcement agency, multijurisdictional task force, district attorney, or state agency receiving property and proceeds forfeited pursuant to this chapter and any income resulting from the sale of forfeited property, including property distributed in kind, shall submit an annual report specifying the property and proceeds
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forfeited pursuant to this chapter and any income resulting from the sale of forfeited property received during its reporting year and shall clearly identify the use of such property, proceeds, and income, including the specifics of all monetary expenditures and funds on deposit with a financial institution. Such report shall not include any information that is likely to disclose the identity of a confidential source, disclose confidential investigative or prosecution material which could endanger the life or physical safety of any person, disclose the existence of a confidential surveillance or investigation, or disclose techniques and procedures for law enforcement investigations or prosecutions. Such annual report shall be appropriately completed and legible. Such report shall be:
(A) With respect to law enforcement agencies, multijurisdictional task forces, and state agencies:
(i) Submitted on a form promulgated by the Prosecuting Attorneys' Council, as provided in subparagraph (A) of paragraph (3) of this subsection; (ii) Submitted by each local law enforcement agency to the political subdivision governing its jurisdiction; (iii) Submitted by multijurisdictional task forces to each political subdivision governing the jurisdictions involved; (iv) Submitted by state agencies to the state auditor; (v) Submitted by January 31 each year for the previous calendar year; and (vi) Copied and submitted to the Carl Vinson Institute of Government of the University of Georgia as provided in Code Section 36-80-21; and (B) With respect to district attorneys: (i) Submitted on a form promulgated by the Prosecuting Attorneys' Council, as provided in subparagraph (B) of paragraph (3) of this subsection; (ii) Submitted by district attorneys to the Prosecuting Attorneys' Council according to the rules and regulations adopted by the Prosecuting Attorneys' Council; (iii) Submitted to the state auditor; (iv) Submitted by January 31 each year for the previous calendar year; and (v) Copied and submitted to the Carl Vinson Institute of Government of the University of Georgia as provided in Code Section 36-80-21. (3)(A) The Prosecuting Attorneys' Council shall promulgate and from time to time amend as necessary and post on its website an annual reporting form for use by law enforcement agencies, multijurisdictional task forces, and state agencies to report the information required by this subsection. In creating this form, the Prosecuting Attorneys' Council shall consider input from the Georgia Peace Officer Standards and Training Council, the Georgia Sheriffs' Association, and the Georgia Association of Chiefs of Police. Such form shall include, but shall not be limited to, the following information: (i) As to property, other than currency, an itemization specifying:
(I) The date the property was received by the entity;
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(II) The make, model, and serial number, when relevant; provided, however, that such details shall not be required when such details would disclose the identification of property being used in a confidential investigation or would compromise an ongoing investigation; (III) The statutes upon which the property was subject to forfeiture; (IV) The estimated value of the property received; (V) If the property was sold, the date of the sale and the gross and net income received; (VI) If the property was retained, the purpose for which it was used; provided, however, that such details shall not be required when such details would disclose the identification of property being used in a confidential investigation or would compromise an ongoing investigation; and (VII) If the property was destroyed, the date of the destruction; (ii) As to currency, an itemization specifying: (I) The amount of currency forfeited and the date the currency was received; and (II) The statutes upon which the currency was subject to forfeiture; (iii) If property was returned to an owner or interest holder, by the seizing law enforcement agency or in the order of distribution, a description of such property and date of return of such property; (iv) The total for the reporting year of the amount of currency forfeited and net income from the sale of forfeited property which the entity received; (v) A description of the use and expenditure of forfeited funds for the reporting year, specifying for each expenditure the amount expended and the purpose for which each expenditure was made; and (vi) The total amount of forfeited currency held in a financial institution at the end of the reporting year, including the net income from the sale of forfeited property and interest earned. (B) The Prosecuting Attorneys' Council shall promulgate and from time to time amend as necessary and post on its website an annual reporting form for district attorneys to use to report the information required by this subsection. In creating this form, the Prosecuting Attorneys' Council shall consider input from the District Attorneys' Association of Georgia. Such form shall include, but shall not be limited to, the following information: (i) As to in-kind property received, an itemization specifying: (I) The date the property was received; (II) The make, model, and serial number, when relevant; provided, however, that such details shall not be required when such details would disclose the identification of property being used in a confidential investigation or would compromise an ongoing investigation; (III) The statutes upon which the property was subject to forfeiture; and (IV) A description of the purpose to which the property was put; (ii) As to currency received, an itemization specifying:
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(I) The amount of currency and the date the currency was received; and (II) A description of the use and expenditure of forfeited currency for the reporting year, specifying for each expenditure the amount expended and the purpose for which each expenditure was made; and (iii) The total amount of currency received by the district attorney during the reporting year and the amount remaining that has not been expended, including any interest earned. (4) The annual report required by this subsection may be submitted electronically, provided the submission complies with Chapter 12 of Title 10. (5)(A) The district attorney having jurisdiction where the local law enforcement agency or multijurisdictional task force is located shall be authorized to conduct an investigation and bring any criminal prosecution or civil action he or she deems necessary to ensure compliance with this subsection. The district attorney shall provide an entity required to comply with the reporting requirements of this subsection and found to have committed a violation of this subsection 60 days to demonstrate to the district attorney that such entity has come into compliance with this subsection. If, after 60 days, the entity has failed to correct all deficiencies, such entity shall be prohibited from being eligible to receive property derived or resulting from civil forfeiture proceedings until such time as the entity demonstrates to the district attorney that such entity has corrected all deficiencies and is in compliance with this subsection; provided, however, that if the chief officer of the entity has resigned or has been removed from office, the prohibition shall not apply so long as his or her successor in office corrects all deficiencies within 180 days of taking office. At any time after the district attorney finds an entity to be in violation of this subsection, such entity may seek administrative relief through the Office of State Administrative Hearings. If an entity seeks administrative relief, the time for correcting deficiencies shall be tolled, and any action to exclude the entity from receiving property derived or resulting from civil forfeiture proceedings shall be suspended until such time as a final ruling upholding the findings of the district attorney is issued. (B) If the district attorney is disqualified from conducting any investigation under this paragraph, the district attorney shall notify the Attorney General in accordance with Code Section 15-18-5. (6) If an audit concludes that a district attorney has used property in violation of this Code section and the auditor notifies the district attorney of such violation, he or she shall take appropriate action to remedy the audit's findings and repay or redistribute property improperly used. If the district attorney fails to remedy the audit's findings within 60 days of such notification, the auditor shall notify the Attorney General for further legal action. (7) Any person who knowingly and willfully makes a false, fictitious, or fraudulent annual report pursuant to this subsection shall be guilty of a violation of Code Section 16-10-20 and, upon conviction, shall be punished as provided in such Code section. Any entity that employed a person convicted of false statements based on a violation
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of this subsection shall be prohibited from being eligible to receive property derived or resulting from civil forfeiture proceedings for a period of two years commencing from the date of such conviction, unless such entity no longer employs such person.
9-16-20. (a) The court shall order the forfeiture of any property of a claimant or defendant up to the value of property found by the court to be subject to forfeiture if any of the forfeited property:
(1) Cannot be located; (2) Has been transferred or conveyed to, sold to, or deposited with a third party; (3) Is beyond the jurisdiction of the court; (4) Has been substantially diminished in value while not in the actual physical custody of the receiver or governmental agency directed to maintain custody of the property; or (5) Has been commingled with other property that cannot be divided without difficulty. (b) In addition to any other remedy provided for by law, a state attorney on behalf of the state may institute a civil action in any court of the United States against any person acting with knowledge or any person to whom notice of a forfeiture lien has been provided in accordance with Code Section 9-16-8; to whom notice of seizure has been provided in accordance with Code Section 9-16-11; or to whom notice of a civil forfeiture proceeding has been provided, if property subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of a forfeiture lien, filing of a complaint for forfeiture pursuant to Code Section 9-16-12 or 9-16-13, or the service of a notice of seizure pursuant to Code Section 9-16-11, as the case may be. The state may recover judgment in an amount equal to the value of the forfeiture lien but not to exceed the fair market value of the property or, if there is no forfeiture lien, in an amount not to exceed the fair market value of the property, together with reasonable investigative expenses and attorney's fees. (c) A state attorney may file and prosecute in any of the courts of the United States or as may be necessary to enforce any judgment rendered pursuant to this chapter. (d) No person claiming an interest in property subject to forfeiture may commence or maintain any civil action concerning the validity of the alleged interest other than as provided in this chapter. No person claiming an interest in property subject to forfeiture may file any counterclaim or cross-claim to any action brought pursuant to this chapter. Except as specifically authorized by subsection (d) of Code Section 9-1612, subsection (d) of Code Section 9-16-13, or Code Section 9-16-16, providing for intervention, no person claiming an interest in such property may intervene in any civil forfeiture proceeding. (e) A civil forfeiture proceeding shall be commenced within four years after the last conduct giving rise to forfeiture or to the claim for relief became known or should have become known, excluding any time during which either the property or defendant is out
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of the state or in confinement or during which criminal proceedings relating to the same conduct are in progress.
9-16-21. (a) Property seized or forfeited pursuant to federal law, and such property or proceeds, authorized by such federal law to be transferred to a cooperating law enforcement agency of this state or any political subdivision thereof shall be utilized by the law enforcement agency or political subdivision to which the property or proceeds are so transferred as authorized by such federal law and regulations or guidelines promulgated thereunder. If federal law and regulations or guidelines promulgated thereunder are silent as to the utilization of such property or proceeds, the property and proceeds shall be disposed of and utilized as set forth in Code Section 9-16-19. (b) Any law enforcement agency receiving property or proceeds pursuant to federal law shall also comply with subsection (g) of Code Section 9-16-19.
9-16-22. This chapter shall be liberally construed to effectuate its remedial purposes."
PART II CONFORMING TITLE 16 TO THE NEW CIVIL FORFEITURE PROCEDURE
SECTION 2-1.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subsection (e) of Code Section 16-5-44.1, relating to highjacking a motor vehicle, as follows:
"(e)(1) As used in this subsection, the terms 'proceeds' and 'property' shall have the same meanings as set forth in Code Section 9-16-2. (2) Any property which is, directly or indirectly, used, or intended for use, derived, or realized, directly or indirectly, from in any manner to facilitate a violation of this Code section is forfeited to the state and no property interest shall exist therein. Any action declaring such forfeiture shall be governed by the provisions of Code Section 16-13-49 and any proceeds are declared to be contraband and no person shall have a property right in them. (3) Any property subject to forfeiture pursuant to paragraph (2) of this subsection shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9."
SECTION 2-2. Said title is further amended by revising subsection (g) of Code Section 16-5-46, relating to trafficking of persons for labor or sexual servitude, as follows:
"(g)(1) As used in this subsection, the terms 'civil forfeiture proceedings,' 'proceeds,' and 'property' shall have the same meanings as set forth in Code Section 9-16-2. All real and personal property of every kind used or intended for use in the course of,
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derived from, or realized through a violation of this Code section shall be subject to forfeiture to the state. Forfeiture shall be had by the same procedure set forth in Code Section 16-14-7. Prosecuting attorneys and the Attorney General may commence forfeiture proceedings under this Code section. (2) Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this Code section and any proceeds are declared to be contraband and no person shall have a property right in them. (3) Any property subject to forfeiture pursuant to paragraph (2) of this subsection shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9. (4) The Attorney General shall be specifically authorized to commence civil forfeiture proceedings under this Code section."
SECTION 2-3. Said title is further amended by repealing in its entirety Code Section 16-6-13.2, relating to forfeiture and seizure of property involving pimping and pandering, and enacting a new Code Section 16-6-13.2 to read as follows:
"16-6-13.2. (a) As used in this Code section, the term 'motor vehicle' shall have the same meaning as set forth in Code Section 40-1-1. (b) Any motor vehicle used by a person to facilitate a violation of Code Section 16-611 when the offense involved the pimping of a person to perform an act of prostitution is declared to be contraband and no person shall have a property right in it. (c) Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9."
SECTION 2-4. Said title is further amended by repealing in its entirety Code Section 16-6-13.3, relating to proceeds from pimping, forfeiture, and distribution, and enacting a new Code Section 16-6-13.3 to read as follows:
"16-6-13.3. (a) As used in this Code section, the terms 'proceeds' and 'property' shall have the same meanings as set forth in Code Section 9-16-2. (b) Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of Code Section 16-6-11 and any proceeds are declared to be contraband and no person shall have a property right in them. (c) Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9."
SECTION 2-5. Said title is further amended by revising Code Section 16-7-95, relating to forfeiture and destruction or disposition of property, as follows:
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"16-7-95. (a) As used in this Code section, the terms 'proceeds' and 'property' shall have the same meanings as set forth in Code Section 9-16-2. All property which is subject to forfeiture pursuant to Code Section 16-13-49 which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article or any proceeds derived or realized therefrom shall be considered contraband. Except as provided in subsection (b) of this Code section, such property may be seized and shall be forfeited to the state as provided in Code Section 16-13-49. A property interest shall not be subject to forfeiture under this Code section if the owner of such interest or interest holder establishes any of the provisions of subsection (e) of Code Section 16-13-49. (b) Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article and any proceeds are declared to be contraband and no person shall have a property right in them. (c) Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9. (b)(d) On application of the seizing law enforcement agency, the superior court may authorize the seizing law enforcement agency to destroy or transfer to any agency of this state or of the United States which can safely store or render harmless any destructive device, explosive, poison gas, or detonator which is subject to forfeiture pursuant to this Code section if the court finds that it is impractical or unsafe for the seizing law enforcement agency to store such destructive device, explosive, poison gas, or detonator. Such application may be made at any time after seizure. Any destruction authorized pursuant to this subsection shall be made in the presence of at least one credible witness or shall be recorded on film, videotape, or other electronic imaging method. Any such film, videotape, or other electronic imaging method shall be admissible as evidence in lieu of such destructive device, explosive, poison gas, or detonator. The court may also direct the seizing agency or an agency to which such destructive device, explosive, poison gas, or detonator is transferred to make a report of the destruction, take samples, or both. (c)(e) The provisions of subsection (b) (d) of this Code section shall not prohibit an explosive ordnance technician, other law enforcement officer, or fire service personnel from taking action which will render safe an explosive, destructive device, poison gas, or detonator or any object which is suspected of being an explosive, destructive device, poison gas, or detonator without the prior approval of a court when such action is intended to protect lives or property."
SECTION 2-6. Said title is further amended by revising subsection (e) of Code Section 16-8-5.2, relating to retail property fencing and forfeiture, as follows:
"(e)(1) As used in this subsection, the terms 'proceeds' and 'property' shall have the same meanings as set forth in Code Section 9-16-2. (2) Any property constituting proceeds derived from or realized through which is, directly or indirectly, used or intended for use in any manner to facilitate a violation
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of this Code section shall be subject to forfeiture to the State of Georgia except that and any proceeds are declared to be contraband and no person shall have a property right in them; provided, however, that notwithstanding paragraph (2) of subsection (a) of Code Section 9-16-17, no property of any owner shall be forfeited under this subsection, to the extent of the interest of such owner, by reason of an act or omission established by such owner to have been committed or omitted without knowledge or consent of such owner. The procedure for forfeiture and disposition of forfeited property under this subsection shall be as provided for under Code Section 16-13-49. (3) Any property subject to forfeiture pursuant to paragraph (2) of this subsection shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9."
SECTION 2-7. Said title is further amended by revising subsection (f) of Code Section 16-8-60, relating to reproduction of recorded material, transfer, sale, distribution, circulation, and forfeiture, as follows:
"(f)(1) Any phonograph record, disc, wire, tape, videotape, film, or other article onto which sounds or visual images have been transferred shall be subject to forfeiture to the State of Georgia except that in violation of this Code section are declared to be contraband and no person shall have a property right in them; provided, however, that notwithstanding paragraph (2) of subsection (a) of Code Section 9-16-17, no property of any owner shall be forfeited under this paragraph, to the extent of the interest of such owner, by reason of an act or omission established by such owner to have been committed or omitted without knowledge or consent of such owner. (2) Any property subject to forfeiture pursuant to paragraph (1) of this subsection shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9. The procedure for forfeiture and disposition of forfeited property under this subsection shall be as provided for under Code Section 16-13-49."
SECTION 2-8. Said title is further amended by revising subsections (c) through (r) of Code Section 16-885, relating to forfeiture of personal property seized, as follows:
"(c)(1) Any motor vehicle, motor vehicle part, other conveyance, tool, implement, or instrumentality is not subject to forfeiture under this Code section by reason of any act or omission which the owner proves to have been committed or omitted without the owner's knowledge or consent. (2) Seizing agencies shall utilize their best efforts to identify any seized motor vehicle or motor vehicle part to determine ownership or the identity of any other person having a right or interest in a seized motor vehicle or motor vehicle part. In its reasonable identification and owner location attempts, the seizing agency shall cause the stolen motor vehicle files of the Georgia Bureau of Investigation to be searched for stolen or wanted information on motor vehicles similar to the seized motor vehicle or consistent with the seized motor vehicle part. (3)(c) If Where a motor vehicle part has an apparent value in excess of $1,000.00:
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(A)(1) The seizing agency shall consult with an expert of the type specified in paragraph (4) of Code Section 16-8-82; and (B)(2) The seizing agency shall also request searches of the on-line online and offline offline files of the National Crime Information Center and the National Automobile Theft Bureau when the Georgia Bureau of Investigation and Georgia Crime Information Center files have been searched with negative results. (d) Any property subject to forfeiture pursuant to this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9, except as specifically set forth in subsections (g) through (j) of this Code section. A forfeiture of a motor vehicle, motor vehicle part, or other conveyance encumbered by a bona fide security interest is subject to the interest of the secured party where the secured party neither had knowledge of nor consented to the act or omission forming the ground for the forfeiture. (e) Property, as described in subsection (a) of this Code section, which is seized and held for forfeiture shall not be subject to replevin and is subject only to the order and judgments of a court of competent jurisdiction hearing the forfeiture proceedings. (f)(1) A prosecutor in the county where the seizure occurs shall bring an action for forfeiture in a court of competent jurisdiction. The forfeiture action shall be brought within 60 days from the date of seizure except where the prosecutor in the sound exercise of discretion determines that no forfeiture action should be brought because of the rights of property owners, lienholders, or secured creditors or because of exculpatory, exonerating, or mitigating facts and circumstances. (2) The prosecutor shall give notice of the forfeiture proceeding by mailing a copy of the complaint in the forfeiture proceeding to each person whose right, title, or interest is of record in the Department of Revenue, the Department of Transportation, the Federal Aviation Agency, or any other department or agency of this state, any other state or territory of the United States, or of the federal government if such property is required to be registered with any such department or agency. (3) Notice of the forfeiture proceeding shall be given to any other such person as may appear, from the facts and circumstances, to have any right, title, or interest in or to the property. (4) The owner of the property or any person having or claiming right, title, or interest in the property may within 60 days after the mailing of such notice file a verified answer to the complaint and may appear at the hearing on the action for forfeiture. (5) The prosecutor shall show at a forfeiture hearing, by a preponderance of the evidence, that such property was used in the commission of a violation of Code Section 16-8-83 or was used or possessed to facilitate such violation. (6) The owner of such property may show by a preponderance of the evidence that the owner did not know, and did not have reason to know, that the property was to be used or possessed in the commission of any violation or that any of the exceptions to forfeiture are applicable.
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(7) Unless the prosecutor shall make the showing required of it, the court shall order the property released to the owner. Where the prosecutor has made such a showing, the court may order that:
(A) The property be destroyed by the agency which seized it or some other agency designated by the court; (B) The property be delivered and retained for use by the agency which seized it or some other agency designated by the court; or (C) The property be sold at public sale. (g)(e) A copy of a forfeiture order shall be filed with the sheriff of the county in which the forfeiture occurs and with each federal or state department or agency with which such property is required to be registered. Such order, when filed, constitutes authority for the issuance to the agency to whom the property is delivered and retained for use or to any purchaser of the property of a certificate of title, registration certificate, or other special certificate as may be required by law in consideration of the condition of the property. (h) Proceeds from sale at public auction, after payment of all reasonable charges and expenses incurred by the agency designated by the court to conduct the sale in storing and selling the property, shall be paid into the general fund of the county of seizure. (i)(f) No motor vehicle, either seized under Code Section 16-8-84 or forfeited under this Code section, shall be released by the seizing agency or used or sold by an agency designated by the court unless any altered, counterfeited, defaced, destroyed, disguised, falsified, forged, obliterated, or removed vehicle identification number is corrected by the issuance and affixing of either an assigned or replacement vehicle identification number plate as may be appropriate under laws or regulations of this state. (j)(g) No motor vehicle part having any altered, counterfeited, defaced, destroyed, disguised, falsified, forged, obliterated, or removed vehicle identification number may be disposed of upon forfeiture except by destruction thereof, except that this subsection shall not apply to any such motor vehicle part which is assembled with and constitutes part of a motor vehicle. (k)(h) No motor vehicle or motor vehicle part shall be forfeited under this Code section solely on the basis that it is unidentifiable. Instead of forfeiture, any seized motor vehicle or motor vehicle part which is unidentifiable shall be the subject of a written report sent by the seizing agency to the Department of Revenue, which report shall include a description of the motor vehicle or motor vehicle part, including its color, if any; the date, time, and place of its seizure; the name of the person from whose possession or control it was seized; the grounds for its seizure; and the location where the same is held or stored. (l)(i) When a seized unidentifiable motor vehicle or motor vehicle part has been held for 60 days or more after the notice to the Department of Revenue specified in subsection (k) (h) of this Code section has been given, the seizing agency, or its agent, shall cause the motor vehicle or motor vehicle part to be sold at a public sale to the highest bidder. Notice of the time and place of sale shall be posted in a conspicuous
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place for at least 30 days prior to the sale on the premises where the motor vehicle or motor vehicle part has been stored.
(m)(j)(1) When a seized unidentifiable motor vehicle or motor vehicle part has an apparent value of $1,000.00 or less, the seizing agency shall authorize the disposal of the motor vehicle or motor vehicle part, provided that no such disposition shall be made sooner than 60 days after the date of seizure. (n)(2) The proceeds of the public sale of an unidentifiable motor vehicle or motor vehicle part shall be deposited into the general fund of the state, county, or municipal corporation employing the seizing agency after deduction of any reasonable and necessary towing and storage charges. (o)(k) Seizing agencies shall utilize their best efforts to arrange for the towing and storing of motor vehicles and motor vehicle parts in the most economical manner possible. In no event shall the owner of a motor vehicle or a motor vehicle part be required to pay more than the minimum reasonable costs of towing and storage. (p)(l) A seized motor vehicle or motor vehicle part that is neither forfeited nor unidentifiable shall be held subject to the order of the court in which the criminal action is pending or, if a request for its release from such custody is made, until the prosecutor has notified the defendant or the defendant's attorney of such request and both the prosecution and defense have been afforded a reasonable opportunity for an examination of the property to determine its true value and to produce or reproduce, by photographs or other identifying techniques, legally sufficient evidence for introduction at trial or other criminal proceedings. Upon expiration of a reasonable time for the completion of the examination, which in no event shall exceed 14 days from the date of service upon the defense of the notice of request for return of property as provided in this subsection, the property shall be released to the person making such request after satisfactory proof of such person's entitlement to the possession thereof. Notwithstanding the foregoing, upon application by either party with notice to the other, the court may order retention of the property if it determines that retention is necessary in the furtherance of justice. (q)(m) When a seized vehicle is forfeited, restored to its owner, or disposed of as unidentifiable, the seizing agency shall retain a report of the transaction for a period of at least one year from the date of the transaction. (r)(n) When an applicant for a certificate of title or salvage certificate of title presents to the Department of Revenue proof that the applicant purchased or acquired a motor vehicle at public sale conducted pursuant to this Code section and such fact is attested to by the seizing agency, the Department of Revenue shall issue a certificate of title or a salvage certificate of title, as determined by the state revenue commissioner, for such motor vehicle upon receipt of the statutory fee, a properly executed application for a certificate of title or other certificate of ownership, and the affidavit of the seizing agency that a state assigned number was applied for and affixed to the motor vehicle prior to the time that the motor vehicle was released by the seizing agency to the purchaser."
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SECTION 2-9. Said title is further amended by revising Code Section 16-8-106, relating to forfeiture under the "Georgia Residential Mortgage Fraud Act," as follows:
"16-8-106. (a) As used in this Code section, the terms 'civil forfeiture proceedings,' 'proceeds,' and 'property' shall have the same meanings as set forth in Code Section 9-16-2. All real and personal property of every kind used or intended for use in the course of, derived from, or realized through a violation of this article shall be subject to forfeiture to the state. Forfeiture shall be had by the same procedure set forth in Code Section 16-14-7. District attorneys and the Attorney General may commence forfeiture proceedings under this article. (b) Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article and any proceeds are declared to be contraband and no person shall have a property right in them. (c) Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9. (d) The Attorney General shall be specifically authorized to commence civil forfeiture proceedings under this Code section."
SECTION 2-10. Said title is further amended by revising subsection (h) of Code Section 16-9-4, relating to manufacturing, selling, or distributing false identification documents, as follows:
"(h)(1) As used in this subsection, the terms 'proceeds' and 'property' shall have the same meanings as set forth in Code Section 9-16-2. Any property which is used, intended for use, or used in any manner to facilitate a violation of this Code section is contraband and forfeited to the state and no person shall have a property interest in it. Such property may be seized or detained in the same manner as provided in Code Section 16-13-49 and shall not be subject to replevin, conveyance, sequestration, or attachment. (2) Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this Code section and any proceeds are declared to be contraband and no person shall have a property right in them. Within 60 days of the date of the seizure of contraband pursuant to this Code section, the district attorney shall initiate forfeiture or other proceedings as provided in Code Section 1613-49. An owner or interest holder, as defined by subsection (a) of Code Section 1613-49, may establish as a defense to the forfeiture of property which is subject to forfeiture under this Code section the applicable provisions of subsection (e) or (f) of Code Section 16-13-49. Property which is forfeited pursuant to this Code section shall be disposed of and distributed as provided in Code Section 16-13-49. (3) Any property subject to forfeiture pursuant to paragraph (2) of this subsection shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9. If property subject to forfeiture cannot be located; has been transferred or conveyed to, sold to, or deposited with a third party; is beyond the jurisdiction of the court; has
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been substantially diminished in value while not in the actual physical custody of a receiver or governmental agency directed to maintain custody of the property; or has been commingled with other property that cannot be divided without difficulty, the court shall order the forfeiture of any property of a claimant or defendant up to the value of property found by the court to be subject to forfeiture under this subsection in accordance with the procedures set forth in subsection (x) of Code Section 16-13-49. (4) The provisions of paragraphs (3), (4), and (5) of subsection (x) and subsection (z) of Code Section 16-13-49 shall be applicable to any proceedings brought pursuant to this subsection."
SECTION 2-11. Said title is further amended by revising Code Section 16-11-11, relating to dissolution of subversive organizations and forfeiture, as follows:
"16-11-11. It shall be unlawful for any subversive organization or foreign subversive organization to exist or function in this state. Any organization which by a court of competent jurisdiction is found to have violated this Code section shall be dissolved and, if it is a corporation organized and existing under the laws of this state, a finding by a court of competent jurisdiction that it has violated this Code section shall constitute legal cause for forfeiture revocation of its charter and its charter shall be forfeited revoked. All funds, books, records, and files of every kind and all other property of any organization found to have violated this Code section shall be seized by and for this state, the funds to be deposited in the state treasury and the books, records, files, and other property to be turned over to the Attorney General."
SECTION 2-12. Said title is further amended by revising paragraph (3) of subsection (b) of Code Section 16-12-24, relating to possession, manufacture, or transfer of gambling devices or parts, as follows:
"(3) Any antique slot machine seized as a result of a violation of this Code section shall be contraband and subject to seizure and destruction as provided in Code Section 16-12-30 16-12-32. An antique slot machine seized for a violation of this Code section shall not be destroyed, altered, or sold until the owner has been afforded a reasonable opportunity to present evidence that the device was not operated for unlawful gambling or in violation of this Code section. If the court determines that the device is an antique slot machine and was not operated or possessed in violation of this or any other Code section, such device shall be returned to its owner."
SECTION 2-13. Said title is further amended by revising Code Section 16-12-30, relating to seizure and destruction of gambling devices, as follows:
"16-12-30. Reserved.
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(a) Except as provided in subsection (b) of Code Section 16-12-24, every gambling device is declared to be contraband and subject to seizure and confiscation by any state or local authority within whose jurisdiction the same may be found. (b) At such time as there shall be a final judgment entered in any case or cases in which a seized gambling device is necessary evidence or at such time as the state shall determine that the continued physical existence of the seized gambling device is no longer necessary, the same shall be turned over by that person having custody of the device to the sheriff of the county wherein the device was confiscated. The sheriff shall within ten days after receiving the device destroy the same in the presence of the district attorney of the circuit in which such county is located and shall forward to the state revenue commissioner a certificate so stating which shall include the serial number of the device so destroyed."
SECTION 2-14. Said title is amended by repealing in its entirety Code Section 16-12-32, relating to seizure and disposition of property used in or derived from a violation of the article proscribing gambling and related offenses, and enacting a new Code Section 16-12-32 to read as follows:
"16-12-32. (a) As used in this Code section, the terms 'proceeds,' 'property,' and 'United States' shall have the same meanings as set forth in Code Section 9-16-2, and 'enterprise' means any person, sole proprietorship, partnership, corporation, trust, association, or other legal entity created under the laws the United States or any foreign nation or a group of individuals associated in fact although not a legal entity and includes illicit as well as licit enterprises and governmental as well as other entities. (b) The following are declared to be contraband, and no person shall have a property right in them:
(1) Every gambling device except antique slot machines as provided for in subsection (b) of Code Section 16-12-24; (2) Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article and any proceeds; (3) Any property located in this state which was, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article or of the laws of the United States relating to gambling and any proceeds; (4) Any interest, security, claim, or property or contractual right of any kind affording a source of influence over any enterprise that a person has established, operated, controlled, conducted, or participated in the conduct of in violation of this article or any of the laws of the United States relating to gambling and any proceeds; and (5) Any property found in close proximity to any gambling device or other property subject to forfeiture under this Code section. (c) Any property declared as contraband pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9."
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SECTION 2-15.
Said title is further amended by revising subsections (e) through (g) of Code Section 1612-100, relating to sexual exploitation of children, as follows:
"(e)(1) As used in this subsection, the terms 'proceeds' and 'property' shall have the same meaning as set forth in Code Section 9-16-2. A person who is convicted of an offense under this Code section shall forfeit to the State of Georgia such interest as the person may have in:
(A) Any property constituting or directly derived from gross profits or other proceeds obtained from such offense; and (B) Any property used, or intended to be used, to commit such offense. (2) Any property which is, directly or indirectly, used or intended to be used in any manner to facilitate a violation of this Code section and any proceeds are declared to be contraband and no person shall have a property right in them. In any action under this Code section, the court may enter such restraining orders or take other appropriate action, including acceptance of performance bonds, in connection with any interest that is subject to forfeiture. (3) Any property subject to forfeiture pursuant to paragraph (2) of this subsection shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9. The court shall order forfeiture of property referred to in paragraph (1) of this subsection if the trier of fact determines, beyond a reasonable doubt, that such property is subject to forfeiture. (4) The provisions of subsection (u) of Code Section 16-13-49 shall apply for the disposition of any property forfeited under this subsection. In any disposition of property under this subsection, a convicted person shall not be permitted to acquire property forfeited by such person. (f)(1) The following property shall be subject to forfeiture to the State of Georgia: (A) Any material or equipment used, or intended for use, in producing, reproducing, transporting, shipping, or receiving any visual medium in violation of this Code section; (B) Any visual medium produced, transported, shipped, or received in violation of this Code section, or any material containing such depiction; provided, however, that any such property so forfeited shall be destroyed by the appropriate law enforcement agency after it is no longer needed in any court proceedings; or (C) Any property constituting or directly derived from gross profits or other proceeds obtained from a violation of this Code section; except that no property of any owner shall be forfeited under this paragraph, to the extent of the interest of such owner, by reason of an act or omission established by such owner to have been committed or omitted without knowledge or consent of such owner. (2) The procedure for forfeiture and disposition of forfeited property under this subsection shall be as provided for forfeitures under Code Section 16-13-49. (g)(f)(1) Except as otherwise provided in paragraphs (2) and (3) of this subsection, any person who violates a provision of this Code section shall be guilty of a felony
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and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years and by a fine of not more than $100,000.00; provided, however, that if the person so convicted is a member of the immediate family of the victim, no fine shall be imposed. (2) Any person who violates subsection (c) of this Code section shall be guilty of a misdemeanor. (3) Any person who violates paragraph (1), (5), (7), or (8) of subsection (b) of this Code section shall be guilty of a misdemeanor if:
(A) The minor depicted was at least 14 years of age at the time the visual medium was created; (B) The visual medium was created with the permission of the minor depicted; and (C) The defendant was 18 years of age or younger at the time of the offense and:
(i) The defendant's violation of such paragraphs did not involve the distribution of such visual medium to another person; or (ii) In the court's discretion, and when the prosecuting attorney and the defendant have agreed, if the defendant's violation of such paragraphs involved the distribution of such visual medium to another person but such distribution was not for the purpose of:
(I) Harassing, intimidating, or embarrassing the minor depicted; or (II) For any commercial purpose."
SECTION 2-16. Said title is further amended by revising subsection (f) of Code Section 16-13-30.1, relating to unlawful manufacture, delivery, distribution, possession, or sale of noncontrolled substances, as follows:
"(f)(1) As used in this subsection, the terms 'proceeds' and 'property' shall have the same meanings as set forth in Code Section 9-16-2. (2) Any property which is, directly or indirectly, used or intended for use in any manner All property which would be subject to forfeiture under the provisions of subsection (d) of Code Section 16-13-49 for a violation of this article which is used, or intended for use, to facilitate, or is derived from, a violation of this Code section, and any proceeds, and any noncontrolled substance which is manufactured, distributed, dispensed, possessed with the intent to distribute, or sold in violation of this Code section are declared to be contraband and there shall be no property interest therein no person shall have a property right in them. (3) Any property or noncontrolled substance which is subject to the provisions of forfeiture pursuant to paragraph (2) of this subsection shall be forfeited in accordance with the procedures of Code Section 16-13-49 set forth in Chapter 16 of Title 9."
SECTION 2-17. Said title is further amended by revising subsection (d) of Code Section 16-13-30.2, relating to unlawful manufacture, distribution, or possession with intent to distribute imitation controlled substances, as follows:
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"(d) All materials which are manufactured, distributed, or possessed in violation of this Code section and any proceeds are declared to be contraband and no person shall have a property right in them and shall be forfeited according to the procedure described in Code Section 16-13-49 set forth in Chapter 16 of Title 9. As used in this subsection, the term 'proceeds' shall have the same meaning as set forth in Code Section 9-16-2."
SECTION 2-18. Said title is further amended by revising subsection (f) of Code Section 16-13-30.4, relating to licenses for sale, transfer, or purchase for resale of products containing pseudoephedrine, as follows:
"(f) Any All products containing pseudoephedrine that have been or that are intended to be sold, transferred, purchased for resale, possessed, or otherwise transferred in violation of a provision of this Code section shall be subject to forfeiture to the state and no property right shall exist in them and any proceeds are declared to be contraband and no person shall have a property right in them and shall be forfeited according to the procedure set forth in Chapter 16 of Title 9. As used in this subsection, the term 'proceeds' shall have the same meaning as set forth in Code Section 9-16-2."
SECTION 2-19. Said title is further amended by revising subsections (e) through (g) of Code Section 1613-32, relating to transactions in drug related objects and forfeitures, as follows:
"(e) All instruments, devices, and objects which are distributed or possessed in violation of this Code section and any proceeds are declared to be contraband and no person shall have a property right in them and shall be forfeited according to the procedure set forth in Chapter 16 of Title 9. As used in this subsection, the term 'proceeds' shall have the same meaning as set forth in Code Section 9-16-2. (f) After conviction and after all direct appeals from the conviction have been exhausted, any instruments, devices, or objects which are the subject of prosecution under this Code section may be destroyed by the state or any county or municipality thereof without court order. (g) Any instruments, devices, or objects which are seized after July 1, 1980, on condemnation as being distributed or possessed in violation of this Code section and which are not made the subject of prosecution under this Code section may be destroyed by the state or any county or municipality thereof if within 90 days after such seizures are made, the district attorney or the solicitor-general of any court that has jurisdiction to try misdemeanors in the county where the seizure occurred shall institute condemnation proceedings in the court by petition, a copy of which shall be served upon the owner of the seized items, if known; and if the owner is unknown, notice of such proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. The petition shall allege that the seized items were distributed or possessed in violation of this Code section; and, if no defense is filed within 30 days from the filing of the petition, judgment by default shall be entered by the court at chambers, and the court shall order the seized items to be
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destroyed; otherwise, the case shall proceed as other civil cases in the court. Should the state prove, by a preponderance of the evidence, that the seized items were distributed or possessed in violation of this Code section, the court shall order the seized items to be destroyed."
SECTION 2-20. Said title is further amended by revising subsection (e) of Code Section 16-13-32.1, relating to transactions in drug related objects, evidence, and forfeiture, as follows:
"(e) All objects and materials which are distributed or possessed in violation of this Code section and any proceeds are declared to be contraband and no person shall have a property right in them and shall be forfeited according to the procedure described in Code Section 16-13-49 set forth in Chapter 16 of Title 9. As used in this subsection, the term 'proceeds' shall have the same meaning as set forth in Code Section 9-16-2."
SECTION 2-21. Said title is further amended by repealing Code Section 16-13-48.1, relating to funds or property transferred to state or local agencies under federal drug laws, in its entirety.
SECTION 2-22. Said title is further amended by repealing in its entirety Code Section 16-13-49, relating to forfeitures, and enacting a new Code Section 16-13-49 to read as follows:
"16-13-49. (a) As used in this Code section, the term:
(1) 'Controlled substance' shall have the same meaning as set forth in Code Section 16-13-21 and shall include marijuana, as such term is defined in Code Section 16-1321. (2) 'Enterprise' means any person, sole proprietorship, partnership, corporation, trust, association, or other legal entity created under the laws of the United States or any foreign nation or a group of individuals associated in fact although not a legal entity and includes illicit as well as licit enterprises and governmental as well as other entities. (3) 'Proceeds' shall have the same meaning as set forth in Code Section 9-16-2. (4) 'Property' shall have the same meaning as set forth in Code Section 9-16-2. (5) 'United States' shall have the same meaning as set forth in Code Section 9-16-2. (b) Except as provided in subsection (d) of this Code section, the following are declared to be contraband and no person shall have a property right in them: (1) Any controlled substances, raw materials, or controlled substance analogs that have been manufactured, distributed, dispensed, possessed, or acquired in violation of this article; (2) Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article and any proceeds; (3) Any property located in this state which was, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article or the laws of the
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United States relating to controlled substances that is punishable by imprisonment for more than one year and any proceeds; (4) Any interest, security, claim, or property or contractual right of any kind affording a source of influence over any enterprise that a person has established, operated, controlled, conducted, or participated in the conduct of in violation of this article or the laws of the United States relating to controlled substances that is punishable by imprisonment for more than one year and any proceeds; (5) Any property found in close proximity to any controlled substance or other property subject to forfeiture under this Code section; and (6) Any weapon available for any use in any manner to facilitate a violation of this article. (c) Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9. (d) Property shall not be subject to forfeiture under this Code section for a violation involving only one gram or less of a mixture containing cocaine or four ounces or less of marijuana unless such property was used to facilitate a transaction in or a purchase of or sale of a controlled substance. (e) In addition to persons authorized to seize property pursuant to Code Section 9-16-6, property which is subject to forfeiture under this Code section may be seized by the director of the Georgia Drugs and Narcotics Agency or by any drug agent of this state or any political subdivision thereof who has power to make arrests or execute process or a search warrant issued by any court having jurisdiction over the property. (f) Controlled substances included in Schedule I which are contraband and any controlled substance whose owners are unknown shall be summarily forfeited to the state. The court may include in any judgment of conviction under this article an order forfeiting any controlled substance involved in the offense to the extent of the defendant's interest."
SECTION 2-23. Said title is further amended by revising Code Section 16-13-53, relating to pending proceedings, as follows:
"16-13-53. Reserved. (a) Prosecution for any violation of law occurring prior to July 1, 1974, is not affected or abated by this article. If the offense which was being prosecuted is similar to one set out in this article, then the penalties under this article apply if they are less than those under prior law. (b) Civil seizures or forfeitures and injunctive proceedings commenced prior to July 1, 1974, are not affected by this article. (c) All administrative proceedings pending under prior laws which were superseded by this article shall be continued and brought to a final determination in accord with the laws and rules in effect prior to July 1, 1974. Any substance controlled under prior law
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which is not listed within Schedules I through V is automatically controlled without further proceedings and shall be listed in the appropriate schedule. (d) This article applies to violations of law, seizures, forfeitures, injunctive proceedings, administrative proceedings, and investigations occurring after July 1, 1974."
SECTION 2-24. Said title is further amended by revising Code Section 16-13-58, relating to funds for development and maintenance of program, as follows:
"16-13-58. (a) The agency shall be authorized to apply for available grants and may accept any gifts, grants, donations, and other funds, including funds from the disposition of forfeited property, to assist in developing and maintaining the program established pursuant to Code Section 16-13-57; provided, however, that neither the board, agency, nor any other state entity shall accept a grant that requires as a condition of the grant any sharing of information that is inconsistent with this part. (b) The agency shall be authorized to grant funds to dispensers for the purpose of covering costs for dedicated equipment and software for dispensers to use in complying with the reporting requirements of Code Section 16-13-59. Such grants to dispensers shall be funded by gifts, grants, donations, or other funds, including funds from the disposition of forfeited property, received by the agency for the operation of the program established pursuant to Code Section 16-13-57. The agency shall be authorized to establish standards and specifications for any equipment and software purchased pursuant to a grant received by a dispenser pursuant to this Code section. Nothing in this part shall be construed to require a dispenser to incur costs to purchase equipment or software to comply with this part. (c) Nothing in this part shall be construed to require any appropriation of state funds."
SECTION 2-25. Said title is further amended by revising Chapter 14, the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," as follows:
"CHAPTER 14
16-14-1. This chapter shall be known and may be cited as the 'Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act.'
16-14-2. (a) The General Assembly finds that a severe problem is posed in this state by the increasing sophistication of various criminal elements and the increasing extent to which the state and its citizens are harmed as a result of the activities of these elements.
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(b) The General Assembly declares that the intent of this chapter is to impose sanctions against those who violate this chapter and to provide compensation to persons injured or aggrieved by such violations. It is not the intent of the General Assembly that isolated incidents of misdemeanor conduct or acts of civil disobedience be prosecuted under this chapter. It is the intent of the General Assembly, however, that this chapter apply to an interrelated pattern of criminal activity motivated by or the effect of which is pecuniary gain or economic or physical threat or injury. This chapter shall be liberally construed to effectuate the remedial purposes embodied in its operative provisions.
16-14-3. As used in this chapter, the term:
(1) 'Alien corporation' means a corporation organized under laws other than the laws of the United States or the laws of any state of the United States.
(2)(A) 'Beneficial interest' means either of the following: (i) The interest of a person as a beneficiary under any other trust arrangement pursuant to which a trustee holds legal or record title to real property for the benefit of such person; or (ii) The interest of a person under any other form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real property for the benefit of such person.
(B) 'Beneficial interest' does not include the interest of a stockholder in a corporation or the interest of a partner in either a general partnership or limited partnership. A beneficial interest shall be deemed to be located where the real property owned by the trustee is located. (3) 'Civil proceeding' means any civil proceeding commenced by an investigative agency under any provision of this chapter. (1) 'Civil forfeiture proceeding' shall have the same meaning as set forth in Code Section 9-16-2. (4)(2) 'Criminal proceeding' means any criminal proceeding commenced by an investigative agency the Department of Law or the office of any district attorney under any provision of this chapter. (5) 'Documentary material' means any book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item. (6)(3) 'Enterprise' means any person, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity; or any unchartered union, association, or group of individuals associated in fact although not a legal entity; and it includes illicit as well as licit enterprises and governmental as well as other entities. (7) 'Investigative agency' means the Department of Law or the office of any district attorney.
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(8)(4) 'Pattern of racketeering activity' means: (A) Engaging in at least two acts of racketeering activity in furtherance of one or more incidents, schemes, or transactions that have the same or similar intents, results, accomplices, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics and are not isolated incidents, provided at least one of such acts occurred after July 1, 1980, and that the last of such acts occurred within four years, excluding any periods of imprisonment, after the commission of a prior act of racketeering activity; or (B) Engaging in any one or more acts of domestic terrorism as described in subsection (a) of Code Section 16-4-10 or any criminal attempt, criminal solicitation, or criminal conspiracy related thereto. (9)(5)(A) 'Racketeering activity' means to commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit any crime which is chargeable by indictment under the following laws of this state involving: (i) Unlawful distillation, manufacture, and transportation of alcoholic beverages in violation of Code Section 3-3-27; (ii) Records and reports of currency transactions in violation of Article 11 of Chapter 1 of Title 7; (iii) The 'Georgia Uniform Securities Act of 2008' in violation of Chapter 5 of Title 10; (iv) Homicide in violation of Article 1 of Chapter 5 of this title; (v) Assault and battery in violation of Article 2 of Chapter 5 of this title; (vi) Kidnapping, false imprisonment, and related offenses in violation of Article 3 of Chapter 5 of this title; (vii) Prostitution, keeping a place of prostitution, pimping, pandering, and pandering by compulsion in violation of Code Sections 16-6-9 through 16-6-12 and 16-6-14; (viii) Burglary in violation of Code Section 16-7-1; (ix) Smash and grab burglary in violation of Code Section 16-7-2; (x) Arson and explosives in violation of Article 3 of Chapter 7 of this title; (xi) Bombs, explosives, and chemical and biological weapons in violation of Article 4 of Chapter 7 of this title; (xii) Theft in violation of Article 1 of Chapter 8 of this title; (xiii) Robbery in violation of Article 2 of Chapter 8 of this title; (xiv) Criminal reproduction and sale of recorded material in violation of Article 3 of Chapter 8 of this title; (xv) The 'Georgia Residential Mortgage Fraud Act' in violation of Article 5 of Chapter 8 of this title; (xvi) Forgery in any degree in violation of Code Section 16-9-1; (xvii) Illegal use of financial transaction cards in violation of Code Sections 16-931, 16-9-32, 16-9-33, and 16-9-34; (xviii) Use of an article with an altered identification mark in violation of Code Section 16-9-70;
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(xix) The 'Georgia Computer Systems Protection Act' in violation of Article 6 of Chapter 9 of this title; (xx) Identity fraud in violation of Article 8 of Chapter 9 of this title; (xxi) Bribery in violation of Code Section 16-10-2; (xxii) False statements and writings or false lien statements against public officers or public employees in violation of Code Section 16-10-20 or 16-10-20.1; (xxiii) Impersonating a public officer or employee in violation of Code Section 16-10-23; (xxiv) Attempted murder or threatening of witnesses in official proceedings in violation of Code Section 16-10-32; (xxv) Perjury and other related offenses in violation of Article 4 of Chapter 10 of this title; (xxvi) Embracery in violation of Code Section 16-10-91; (xxvii) Influencing witnesses in violation of Code Section 16-10-93; (xxviii) Tampering with evidence in violation of Code Section 16-10-94; (xxix) Intimidation or injury of grand or trial juror or court officer in violation of Code Section 16-10-97; (xxx) Terroristic threats and acts in violation of Code Section 16-11-37; (xxxi) The 'Georgia Firearms and Weapons Act' in violation of Part 2 of Article 4 of Chapter 11 of this title; (xxxii) Commercial gambling in violation of Code Section 16-12-22; (xxxiii) Distributing obscene materials in violation of Code Section 16-12-80; (xxxiv) The 'Georgia Controlled Substances Act' in violation of Article 2 of Chapter 13 of this title; (xxxv) The 'Dangerous Drug Act' in violation of Article 3 of Chapter 13 of this title; (xxxvi) Marijuana in violation of subsection (j) of Code Section 16-13-30; (xxxvii) Payday loans in violation of Chapter 17 of this title; (xxxviii) Insurance fraud in violation of Code Section 33-1-9; (xxxix) Certain felonies involving certificates of title, security interest, or liens in violation of Code Section 40-3-90; (xl) Removal or falsification of identification numbers in violation of Code Section 40-4-21; or (xli) Possession of motor vehicle parts from which the identification has been removed in violation of Code Section 40-4-22. (i) Article 2 of Chapter 13 of this title, relating to controlled substances; (ii) Article 3 of Chapter 13 of this title, known as the 'Dangerous Drugs Act'; (iii) Subsection (j) of Code Section 16-13-30, relating to marijuana; (iv) Article 1 of Chapter 5 of this title, relating to homicide; (v) Article 2 of Chapter 5 of this title, relating to bodily injury and related offenses; (vi) Articles 3 and 4 of Chapter 7 of this title, relating to arson and destructive devices, respectively;
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(vii) Code Section 16-7-1, relating to burglary, or Code Section 16-7-2, relating to smash and grab burglary; (viii) Code Section 16-9-1, relating to forgery in any degree; (ix) Article 1 of Chapter 8 of this title, relating to theft; (x) Article 2 of Chapter 8 of this title, relating to robbery; (xi) Code Sections 16-6-9 through 16-6-12 and 16-6-14, relating to prostitution and pandering; (xii) Code Section 16-12-80, relating to distributing obscene materials; (xiii) Code Section 16-10-2, relating to bribery; (xiv) Code Section 16-10-93, relating to influencing witnesses; (xv) Article 4 of Chapter 10 of this title and Code Sections 16-10-20, 16-10-20.1, 16-10-23, and 16-10-91, relating to perjury and other falsifications; (xvi) Code Section 16-10-94, relating to tampering with evidence; (xvii) Code Section 16-12-22, relating to commercial gambling; (xviii) Code Section 3-3-27, relating to distilling or making liquors; (xix) Part 2 of Article 4 of Chapter 11 of this title, known as the 'Georgia Firearms and Weapons Act'; (xx) Code Section 16-8-60, relating to unauthorized transfers and reproductions of recorded material; (xxi) Chapter 5 of Title 10, relating to violations of the 'Georgia Uniform Securities Act of 2008'; (xxii) Code Section 3-3-27, relating to the unlawful distillation, manufacture, and transportation of alcoholic beverages; (xxiii) Code Sections 16-9-31, 16-9-32, 16-9-33, and 16-9-34, relating to the unlawful use of financial transaction cards; (xxiv) Code Section 40-3-90, relating to certain felonies involving certificates of title, security interest, or liens concerning motor vehicles; (xxv) Code Section 40-4-21, relating to removal or falsification of identification numbers; (xxvi) Code Section 40-4-22, relating to possession of motor vehicle parts from which the identification has been removed; (xxvii) Code Section 16-9-70, relating to use of an article with an altered identification mark; (xxviii) Article 6 of Chapter 9 of this title, known as the 'Georgia Computer Systems Protection Act'; (xxix) Any conduct defined as 'racketeering activity' under 18 U.S.C. Section 1961 (1)(A), (B), (C), and (D); (xxx) Article 3 of Chapter 5 of this title, relating to kidnapping, false imprisonment, and related offenses, except for Code Section 16-5-44, relating to aircraft hijacking; (xxxi) Code Section 16-11-37, relating to terroristic threats and acts; (xxxii) Code Section 16-5-44.1, relating to motor vehicle hijacking;
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(xxxiii) Code Section 16-10-32, relating to tampering with witnesses, victims, or informants; (xxxiv) Code Section 16-10-97, relating to intimidation of grand or trial juror or court officer; (xxxv) Article 11 of Chapter 1 of Title 7 and Sections 5311 through 5330 of Title 31 of the United States Code relating to records and reports of currency transactions; (xxxvi) Article 8 of Chapter 9 of this title, relating to identity fraud, and Section 1028 of Title 18 of the United States Code, relating to fraudulent identification documents and information; (xxxvii) Code Section 33-1-9, relating to insurance fraud; (xxxviii) Code Section 16-17-2, relating to payday loans; (xxxix) Code Section 16-9-101, relating to deceptive commercial e-mail; (xl) Code Section 16-8-102, relating to residential mortgage fraud; or (xli) Code Section 16-5-5, relating to assisted suicide. (B) 'Racketeering activity' shall also mean any act or threat involving murder, kidnapping, gambling, arson, robbery, theft, receipt of stolen property, bribery, extortion, obstruction of justice, dealing in narcotic or dangerous drugs, or dealing in securities which is chargeable under the laws of the United States or, any territory of the several states United States, or any state and which is punishable by imprisonment for more than one year. (C) 'Racketeering activity' shall also mean any conduct defined as 'racketeering activity' under 18 U.S.C. Section 1961 (1), any violation of 18 U.S.C. Section 1028, or any violation of 31 U.S.C. Sections 5311 through 5330. (10)(6) 'Real property' means any real property situated in this state or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property. (11) 'RICO lien notice' means the notice described in Code Section 16-14-13. (12)(A) 'Trustee' means either of the following: (i) Any person who holds legal or record title to real property for which any other person has a beneficial interest; or (ii) Any successor trustee or trustees to any of the foregoing persons. (B) 'Trustee' does not include the following: (i) Any person appointed or acting as a guardian or conservator under Title 29, relating to guardian and ward, or personal representative under former Chapter 6 of Title 53 as such existed on December 31, 1997, relating to the administration of estates, if applicable, or Chapter 6 of Title 53 and other provisions in Chapter 1 through 11 of Title 53, the 'Revised Probate Code of 1998,' relating to the administration of estates; or (ii) Any person appointed or acting as a trustee of any testamentary trust or as trustee of any indenture of trust under which any bonds are or are to be issued.
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16-14-4. (a) It is shall be unlawful for any person, through a pattern of racketeering activity or proceeds derived therefrom, to acquire or maintain, directly or indirectly, any interest in or control of any enterprise, real property, or personal property of any nature, including money. (b) It is shall be unlawful for any person employed by or associated with any enterprise to conduct or participate in, directly or indirectly, such enterprise through a pattern of racketeering activity. (c) It is shall be unlawful for any person to conspire or endeavor to violate any of the provisions of subsection (a) or (b) of this Code section. A person violates this subsection when:
(1) He or she together with one or more persons conspires to violate any of the provisions of subsection (a) or (b) of this Code section and any one or more of such persons commits any overt act to effect the object of the conspiracy; or (2) He or she endeavors to violate any of the provisions of subsection (a) or (b) of this Code section and commits any overt act to effect the object of the endeavor.
16-14-5. (a) Any person convicted of the offense of engaging in activity in violation of Code Section 16-14-4 is shall be guilty of a felony and shall be punished by not less than five nor more than 20 years' imprisonment or the fine specified in subsection (b) of this Code section, or both. (b) In lieu of any fine otherwise authorized by law, any person convicted of the offense of engaging in conduct in violation of Code Section 16-14-4 may be sentenced to pay a fine that does not exceed the greater of $25,000.00 or three times the amount of any pecuniary value gained by him or her from such violation. (c) The court shall hold a hearing to determine the amount of the fine authorized by subsection (b) of this Code section. (d) For the purposes of subsection (b) of this Code section, the term 'pecuniary value' means:
(1) Anything of value in the form of money, a negotiable instrument, a commercial interest, or anything else, the primary significance of which is economic advantage; or (2) Any other property or service that has a value in excess of $100.00.
16-14-6. (a) Any superior court may, after making due provisions for the rights of innocent persons, enjoin violations of Code Section 16-14-4 by issuing appropriate orders and judgments, including, but not limited to:
(1) Ordering any defendant to divest himself or herself of any interest in any enterprise, real property, or personal property; (2) Imposing reasonable restrictions upon the future activities or investments of any defendant, including, but not limited to, prohibiting any defendant from engaging in
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the same type of endeavor as the enterprise in which he or she was engaged in violation of Code Section 16-14-4; (3) Ordering the dissolution or reorganization of any enterprise; (4) Ordering the suspension or revocation of any license, permit, or prior approval granted to any enterprise by any agency of the state; or (5) Ordering the forfeiture of the charter of a corporation organized under the laws of this state or the revocation of a certificate authorizing a foreign corporation to conduct business within this state upon a finding that the board of directors or a managerial agent acting on behalf of the corporation, in conducting affairs of the corporation, has authorized or engaged in conduct in violation of Code Section 16-14-4 and that, for the prevention of future criminal activity, the public interest requires that the charter of the corporation be forfeited and that the corporation be dissolved or the certificate be revoked. (b) Any aggrieved person or the state may institute a proceeding civil action under subsection (a) of this Code section. In such proceeding civil action, relief shall be granted in conformity with the principles that govern the granting of injunctive relief from threatened loss or damage in other civil cases, provided that no showing of special or irreparable damage to the person shall have to be made. Upon the execution of proper bond against damages for an injunction improvidently granted and a showing of immediate danger of significant loss or damage, a temporary restraining order and a preliminary injunction may be issued in any such action before a final determination on the merits. (c) Any person who is injured by reason of any violation of Code Section 16-14-4 shall have a cause of action for three times the actual damages sustained and, where appropriate, punitive damages. Such person shall also recover attorneys' attorney's fees in the trial and appellate courts and costs of investigation and litigation reasonably incurred. The defendant or any injured person may demand a trial by jury in any civil action brought pursuant to this Code section. (d) Any injured person shall have a right or claim to forfeited property or to the proceeds derived therefrom superior to any right or claim the state or the county (other than for costs) has in the same property or proceeds. To enforce such a claim, the injured person must intervene in the forfeiture proceeding prior to its final disposition as set forth in Code Section 9-16-16. (e) A conviction in any criminal proceeding under this chapter shall estop the defendant in any subsequent civil action or civil forfeiture proceeding under this chapter as to all matters proved in the criminal proceeding.
16-14-7. (a) All property of every kind used or intended for use in the course of, derived from, or realized through a pattern of racketeering activity is shall be subject to forfeiture to the state. Forfeiture shall be had by a civil procedure known as a RICO forfeiture proceeding under the following rules. The Attorney General shall be specifically
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authorized to commence any civil forfeiture proceeding under this chapter in matters arising under Code Section 45-15-10. (b) Any property subject to forfeiture pursuant to subsection (a) of this Code section and any proceeds are declared to be contraband and no person shall have a property right in them and shall be forfeited in accordance with the procedure set forth in Chapter 16 of Title 9. A RICO forfeiture proceeding shall be governed by Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' except to the extent that special rules of procedure are stated in this chapter. (c) A RICO forfeiture proceeding shall be an in rem proceeding against the property. (d) A RICO forfeiture proceeding shall be instituted by complaint and prosecuted by the district attorney of the county in which the property is located or seized. The proceeding may be commenced before or after seizure of the property. (e) If the complaint is filed before seizure, it shall state what property is sought to be forfeited, that the property is within the jurisdiction of the court, the grounds for forfeiture, and the names of all persons known to have or claim an interest in the property. The court shall determine ex parte whether there is reasonable cause to believe that the property is subject to forfeiture and that notice to those persons having or claiming an interest in the property prior to seizure would cause the loss or destruction of the property. If the court finds that reasonable cause does not exist to believe the property is subject to forfeiture, it shall dismiss the complaint. If the court finds that reasonable cause does exist to believe the property is subject to forfeiture but there is not reasonable cause to believe that prior notice would result in loss or destruction, it shall order service on all persons known to have or claim an interest in the property prior to a further hearing on whether a writ of seizure should issue. If the court finds that there is reasonable cause to believe that the property is subject to forfeiture and to believe that prior notice would cause loss or destruction, it shall without any further hearing or notice issue a writ of seizure directing the sheriff of the county where the property is found to seize it. (f) Seizure may be effected by a law enforcement officer authorized to enforce the penal laws of this state prior to the filing of the complaint and without a writ of seizure if the seizure is incident to a lawful arrest, search, or inspection and the officer has probable cause to believe the property is subject to forfeiture and will be lost or destroyed if not seized. Within ten days of the date of seizure, the seizure shall be reported by the officer to the district attorney of the circuit in which the seizure is effected; and the district attorney shall, within a reasonable time after receiving notice of seizure, file a complaint for forfeiture. The complaint shall state, in addition to the information required in subsection (e) of this Code section, the date and place of seizure. (g) After the complaint is filed or the seizure effected, whichever is later, every person known to have or claim an interest in the property shall be served, if not previously served, with a copy of the complaint and a notice of seizure in the manner provided by Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' Service by publication may be ordered upon any party whose whereabouts cannot be determined.
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(h)(1) Any person claiming an interest in the property may become a party to the action at any time prior to judgment whether named in the complaint or not. Any party claiming a substantial interest in the property may upon motion be allowed by the court to take possession of the property upon posting bond with good and sufficient security in double the amount of the property's value conditioned to pay the value of any interest in the property found to be subject to forfeiture or the value of any interest of another not subject to forfeiture. Such a party taking possession shall not remove the property from the territorial jurisdiction of the court without written permission from the court. (2) The court may, upon such terms and conditions as prescribed by it, order that the property be sold by an innocent party who holds a lien on or security interest in the property at any time during the proceedings. Any proceeds from such sale over and above the amount necessary to satisfy the lien or security interest shall be paid into court pending final judgment in the forfeiture proceeding. No such sale shall be ordered, however, unless the obligation upon which the lien or security interest is based is in default. (3) Pending final judgment in the forfeiture proceeding, the court may make any other disposition of the property which is in the interest of substantial justice. (i) After service of process, all further proceedings shall be as provided in Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' except that any party may bring one motion to dismiss at any time and such motion shall be heard and ruled on within ten days. Any party may demand a jury trial. (j) The interest of an innocent party in the property shall not be subject to forfeiture. An innocent party is one who did not have actual or constructive knowledge that the property was subject to forfeiture. (k) Subject to the requirement of protecting the interest of all innocent parties, the court may, after judgment of forfeiture, make any of the following orders for disposition of the property: (1) Destruction of contraband, the possession of which is illegal; (2) Retention for official use by any agency of this state or any political subdivision thereof. When such agency or political subdivision no longer has use for such property, it shall be disposed of by judicial sale; (3) Transfer to the Division of Archives and History of property useful for historical or instructional purposes; (4) Retention of the property by any innocent party having an interest therein, upon payment or approval of a plan for payment into court of the value of any forfeited interest in the property. The plan may include, in the case of an innocent party who holds a lien on or security interest in the property, the sale of the property by the innocent party under such terms and conditions as may be prescribed by the court and the payment into court of any proceeds from such sale over and above the amount necessary to satisfy the lien or security interest; (5) Judicial sale of the property;
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(6) Transfer of the property to any innocent party having an interest therein equal to or greater than the value of the property; or (7) Any other disposition of the property which is in the interest of substantial justice and adequately protects innocent parties. (l) The net proceeds of any sale or disposition after satisfaction of the interest of any innocent party, less the greater of one-half thereof or the costs borne by the county in bringing the forfeiture action, shall be paid into the general fund of the state treasury. The costs borne by the county or one-half of the net proceeds of sale or disposition, whichever is greater, shall be paid into the treasury of the county where the forfeiture action is brought. Notwithstanding any other provision in this Code section, the court may, after satisfaction of the interest of any innocent party, make any other division of the proceeds among the state, county, or municipalities or agencies of the state, county, or municipalities, which is commensurate with the proportion of the assistance that each contributed to the underlying criminal action, forfeiture, or criminal action and forfeiture. (m) In lieu of the provisions of subsections (c) through (g) of this Code section, the state may bring an in personam action for the forfeiture of any property subject to forfeiture under subsection (a) of this Code section. (n)(1) Upon the entry of a final judgment of forfeiture in favor of the state, the title of the state to the forfeited property shall:
(A) In the case of real property or beneficial interest, relate back to the date of filing of the RICO lien notice in the official records of the county where the real property or beneficial trust is located and, if no RICO lien notice is filed, then to the date of the filing of any notice of lis pendens under Article 9 of Chapter 14 of Title 44 in the official records of the county where the real property or beneficial interest is located and, if no RICO lien notice or notice of lis pendens is so filed, then to the date of recording of the final judgment of forfeiture in the official records of the county where the real property or beneficial interest is located; and (B) In the case of personal property, relate back to the date the personal property was seized by the investigating agency. (2) If property subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of a RICO lien notice or after the filing of a civil proceeding or criminal proceeding, whichever is earlier, the investigative agency may, on behalf of the state, institute an action in the appropriate superior court against the person named in the RICO lien notice or the defendant in the civil proceeding or criminal proceeding; and the court shall enter final judgment against the person named in the RICO lien notice or the defendant in the civil proceeding or criminal proceeding in an amount equal to the fair market value of the property, together with investigative costs and attorney's fees incurred by the investigative agency in the action. If a civil proceeding is pending, such action shall be filed only in the court where such civil proceeding is pending.
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16-14-8. Notwithstanding any other provision of law setting forth a statute of limitations, a criminal proceeding or civil action or proceeding under this chapter may brought pursuant to Code Section 16-14-6 shall be commenced up until five years after the conduct in violation of a provision of this chapter terminates or the cause of action accrues. If a criminal prosecution proceeding or civil action forfeiture proceeding is brought by the state to punish or prevent any violation of pursuant to this chapter, then the running of this period of limitations, with respect to any cause of action arising under subsection (b) or (c) of Code Section 16-14-6 which is based upon any matter complained of in such prosecution criminal proceeding or action civil forfeiture proceeding by the state, shall be suspended during the pendency of the prosecution criminal proceeding or action civil forfeiture proceeding by the state and for two years thereafter.
16-14-9. The application of one civil remedy under this chapter shall not preclude the application of any other remedy, civil or criminal, under this chapter or any other provision of law. Civil remedies under this chapter are supplemental and not mutually exclusive.
16-14-10. (a) A Notwithstanding any other provision of law, a valid judgment rendered by a court of a jurisdiction having a law substantially similar to this chapter will shall be recognized and enforced by the courts of this state to the extent that a judgment rendered by a court of this state pursuant to this chapter would be enforced in such other jurisdiction. (b) The Attorney General is shall be authorized to enter into reciprocal agreements with the attorney general or chief prosecuting attorney of any jurisdiction having a law substantially similar to this chapter so as to further the purposes of this chapter.
16-14-11. In any criminal proceeding brought pursuant to this chapter, the crime shall be considered to have been committed in any county in which an incident of racketeering occurred or in which an interest or control of an enterprise or real or personal property is acquired or maintained.
16-14-12. The This state may, in any civil action or civil forfeiture proceeding brought pursuant to this chapter, file with the clerk of the superior court a certificate stating that the case is of special public importance. A copy of that such certificate shall be furnished immediately by such clerk to the chief judge or, in his or her absence, the presiding chief judge of the superior court in which such civil action or civil forfeiture proceeding is pending; and, upon receipt of such copy certificate, the judge shall immediately designate a judge to hear and determine the such civil action or civil forfeiture
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proceeding. The judge so designated shall promptly assign such civil action or civil forfeiture proceeding for hearing, participate in the hearings and determination, and cause the such civil action or civil forfeiture proceeding to be expedited.
16-14-13. (a) Upon the institution of any civil proceeding, the investigative agency then or at any time during the pendency of the proceeding may file in the official records of any one or more counties a RICO lien notice. No filing fee or other charge shall be required as a condition for filing the RICO lien notice; and the clerk of the superior court shall, upon the presentation of a RICO lien notice, immediately record it in the official records. (b) The RICO lien notice shall be signed by the Attorney General or his designee or by a district attorney or his designee. The notice shall be in such form as the Attorney General prescribes and shall set forth the following information:
(1) The name of the person against whom the civil proceeding has been brought. In its discretion, the investigative agency may also name in the RICO lien notice any other aliases, names, or fictitious names under which the person may be known. In its discretion, the investigative agency may also name in the RICO lien notice any corporation, partnership, or other entity that is either controlled by or entirely owned by the person; (2) If known to the investigative agency, the present residence and business addresses of the person named in the RICO lien notice and of the other names set forth in the RICO lien notice; (3) A reference to the civil proceeding stating that a proceeding under this chapter has been brought against the person named in the RICO lien notice, the name of the county or counties where the proceeding has been brought, and, if known to the investigative agency at the time of filing the RICO lien notice, the case number of the proceeding; (4) A statement that the notice is being filed pursuant to this chapter; and (5) The name and address of the investigative agency filing the RICO lien notice and the name of the individual signing the RICO lien notice. (c) A RICO lien notice shall apply only to one person and, to the extent applicable, any aliases, fictitious names, or other names, including names of corporations, partnerships, or other entities, to the extent permitted in paragraph (1) of subsection (b) of this Code section. A separate RICO lien notice shall be filed for any other person against whom the investigative agency desires to file a RICO lien notice under this Code section. (d) The investigative agency shall, as soon as practicable after the filing of each RICO lien notice, furnish to the person named in the notice either a copy of the recorded notice or a copy of the notice with a notation thereon of the county or counties in which the notice has been recorded. The failure of the investigative agency to so furnish a copy of the notice under this subsection shall not invalidate or otherwise affect the notice.
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(e) The filing of a RICO lien notice creates, from the time of its filing, a lien in favor of the state on the following property of the person named in the notice and against any other names set forth in the notice:
(1) Any real property situated in the county where the notice is filed then or thereafter owned by the person or under any of the names; and (2) Any beneficial interest situated in the county where the notice is filed then or thereafter owned by the person or under any of the names. (f) The lien shall commence and attach as of the time of filing of the RICO lien notice and shall continue thereafter until expiration, termination, or release pursuant to Code Section 16-14-14. The lien created in favor of the state shall be superior and prior to the interest of any other person in the real property or beneficial interest if the interest is acquired subsequent to the filing of the notice. (g) In conjunction with any civil proceedings: (1) The investigative agency may file without prior court order in any county a lis pendens and, in such case, any person acquiring an interest in the subject real property or beneficial interest, if the real property or beneficial interest is acquired subsequent to the filing of lis pendens, shall take the interest subject to the civil proceeding and any subsequent judgment of forfeiture; and (2) If a RICO lien notice has been filed, the investigative agency may name as defendants, in addition to the person named in the notice, any persons acquiring an interest in the real property or beneficial interest subsequent to the filing of the notice. If a judgment of forfeiture is entered in the proceeding in favor of the state, the interest of any person in the property that was acquired subsequent to the filing of the notice shall be subject to the notice and judgment of forfeiture. (h)(1) A trustee who acquires actual knowledge that a RICO lien notice or a civil proceeding or criminal proceeding has been filed against any person for whom he holds legal or record title to real property shall immediately furnish to the investigative agency the following:
(A) The name and address of the person, as known to the trustee; (B) The name and address, as known to the trustee, of all other persons for whose benefit the trustee holds title to the real property; and (C) If requested by the investigative agency, a copy of the trust agreement or other instrument pursuant to which the trustee holds legal or record title to the real property. (2) Any trustee who fails to comply with the provisions of this subsection is guilty of a misdemeanor. (i) Any trustee who conveys title to real property for which a RICO lien notice has been filed at the time of the conveyance in the county where the real property is situated naming a person who, to the actual knowledge of the trustee, holds a beneficial interest in the trust shall be liable to the state for the greater of: (1) The amount of proceeds received directly by the person named in the RICO lien notice as a result of the conveyance;
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(2) The amount of proceeds received by the trustee as a result of the conveyance and distributed to the person named in the RICO lien notice; or (3) The fair market value of the interest of the person named in the RICO lien notice in the real property so conveyed; however, if the trustee conveys the real property and holds the proceeds that would otherwise be paid or distributed to the beneficiary or at the direction of the beneficiary or his designee, the trustee's liability shall not exceed the amount of the proceeds so held for so long as the proceeds are held by the trustee. (j) The filing of a RICO lien notice shall not constitute a lien on the record title to real property as owned by the trustee except to the extent the trustee is named in the RICO lien notice. The investigative agency may bring a civil proceeding in any superior court against the trustee to recover from the trustee the amounts set forth in subsection (I), and the state shall also be entitled to recover investigative costs and attorney's fees incurred by the investigative agency. (k) The filing of a RICO lien notice shall not affect the use to which real property or a beneficial interest owned by the person named in the RICO lien notice may be put or the right of the person to receive any avails, rents, or other proceeds resulting from the use and ownership, but not the sale, of the property until a judgment of forfeiture is entered. (l)(1) The provisions of this Code section shall not apply to any conveyance by a trustee pursuant to a court order unless such court order is entered in an action between the trustee and the beneficiary. (2) Unless the trustee has actual knowledge that a person owning a beneficial interest in the trust is named in a RICO lien notice or is otherwise a defendant in a civil proceeding, the provisions of this Code section shall not apply to:
(A) Any conveyance by a trustee required under the terms of any trust agreement, which trust agreement is a matter of public record prior to the filing of any RICO lien notice; or (B) Any conveyance by a trustee to all of the persons who own a beneficial interest in the trust. (m) All forfeitures or dispositions under this Code section shall be made with due provision for the rights of innocent persons.
16-14-14. (a) The term of a RICO lien notice shall be for a period of six years from the date of filing unless a renewal RICO lien notice has been filed by the investigative agency; and, in such case, the term of the renewal RICO lien notice shall be for a period of six years from the date of its filing. The investigative agency shall be entitled to only one renewal of the RICO lien notice. (b) The investigative agency filing the RICO lien notice may release in whole or in part any RICO lien notice or may release any specific real property or beneficial interest from the RICO lien notice upon such terms and conditions as it may determine. Any release of a RICO lien notice executed by the investigative agency may be filed in the
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official records of any county. No charge or fee shall be imposed for the filing of any release of a RICO lien notice. (c) If no civil proceeding has been instituted by the investigative agency seeking a forfeiture of any property owned by the person named in the RICO lien notice, the acquittal in the criminal proceeding of the person named in the RICO lien notice or the dismissal of the criminal proceeding shall terminate the RICO lien notice; and, in such case, the filing of the RICO lien notice shall have no effect. In the event the criminal proceeding has been dismissed or the person named in the RICO lien notice has been acquitted in the criminal proceeding, the RICO lien notice shall continue for the duration of the civil proceeding. (d) If no civil proceeding is then pending against the person named in a RICO lien notice, the person named in a RICO lien notice may institute an action against the investigative agency filing the notice in the county where the notice has been filed seeking a release or extinguishment of the notice; and, in such case:
(1) The court shall, upon the motion of such person, immediately enter an order setting a date for hearing, which date shall be not less than five nor more than ten days after the action has been filed; and the order, along with a copy of the complaint, shall be served on the investigative agency within three days after the institution of the action. At the hearing, the court shall take evidence on the issue of whether any real property or beneficial interest owned by such person is covered by the RICO lien notice or otherwise subject to forfeiture under this chapter; and, if such person shows by the preponderance of the evidence that the RICO lien notice is not applicable to him or that any real property or beneficial interest owned by him is not subject to forfeiture under this chapter, the court shall enter a judgment extinguishing the RICO lien notice or releasing the real property or beneficial interest from the RICO lien notice; (2) The court shall immediately enter its order releasing from the RICO lien notice any specific real property or beneficial interest if a sale of the real property or beneficial interest is pending and the filing of the notice prevents the sale of the property or interest; however, the proceeds resulting from the sale of the real property or beneficial interest shall be deposited into the registry of the court, subject to the further order of the court; and (3) At the hearing set forth in paragraph (1), the court may release from the RICO lien notice any real property or beneficial interest upon the posting by such person of such security as is equal to the value of the real property or beneficial interest owned by such person. (e) In the event a civil proceeding is pending against a person named in a RICO lien notice, the court, upon motion by said person, may grant the relief set forth in this Code section.
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16-14-15. (a) Each alien corporation desiring to acquire of record any real property shall have, prior to acquisition, and shall continuously maintain in this state during any year thereafter in which such real property is owned by the alien corporation:
(1) A registered office; and (2) A registered agent, which agent may be either:
(A) An individual resident in this state whose business office is identical with such registered office; or (B) Another corporation authorized to transact business in this state having a business office identical with such registered office. (b) Each registered agent appointed pursuant to this Code section, on whom process may be served, shall file a statement in writing with the Secretary of State accepting the appointment as registered agent simultaneously with being designated. (c) Each alien corporation shall file with the Secretary of State an annual registration setting forth: (1) The name of the alien corporation and the country under whose law it is incorporated; (2) The mailing address of the principal office of the alien corporation; (3) The name and mailing address of each officer and each director of the alien corporation; (4) The name and street address of the registered agent and registered office of the alien corporation; and (5) The signature of the corporate president, vice-president, secretary, assistant secretary, or treasurer attesting to the accuracy of the report as of the date the annual registration is executed on behalf of the corporation. (d) The first annual registration must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the year following a calendar year in which an alien corporation filed its initial application pursuant to subsection (a) of this Code section. Subsequent annual registrations must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the following calendar years. (e) For filing reports required pursuant to this Code section, the Secretary of State shall collect a filing fee as set out in Code Section 14-2-122 for the filing of annual registrations. (f) If an annual registration does not contain the information required by this Code section, the Secretary of State shall promptly notify the reporting domestic, foreign, or alien corporation in writing and return the report to it for correction. If the report is corrected to contain the information required by this Code section and delivered to the Secretary of State within 30 days after the effective date of notice, it is deemed to be timely filed. (g) The Secretary of State shall record the status of any alien corporation that fails to comply with the requirements of this Code section.
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(h) Each alien corporation that fails to file a report as required by subsection (c) of this Code section or fails to maintain a registered office and a registered agent as required by subsection (a) of this Code section shall not be entitled to own, purchase, or sell any real property and shall not be entitled to bring an action or defend in the courts of the state until such requirements have been complied with. (i) The filing of a report by a corporation as required by subsection (c) of this Code section shall be solely for the purposes of this chapter and, notwithstanding Code Section 14-2-510 or any other relevant law, shall not be used as a determination of whether the corporation is actually doing business in this state."
SECTION 2-26. Said title is further amended by revising Code Section 16-15-5, relating to contraband, seizure, and forfeiture under the "Georgia Street Gang Terrorism and Prevention Act," as follows:
"16-15-5. (a) As used in this Code section, the terms 'proceeds' and 'property' shall have the same meanings as set forth in Code Section 9-16-2. The following are declared to be contraband and no person shall have a property interest in them: (1)(b) Any All property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this chapter; and proceeds are declared to be contraband and no person shall have a property right in them.
(2) Any property constituting or derived from gross profits or other proceeds obtained from a violation of this chapter. (b) In any action under this Code section, the court may enter such restraining orders or take other appropriate action, including acceptance of performance bonds, in connection with any interest that is subject to forfeiture. (c) Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with Chapter 16 of Title 9. Within 60 days of the date of the seizure of contraband pursuant to this Code section, the district attorney shall initiate a forfeiture proceeding as provided in Code Section 16-13-49. An owner or interest holder, as defined by subsection (a) of Code Section 16-13-49, may establish as a defense to the forfeiture of property which is subject to forfeiture under this Code section the applicable provisions of subsection (e) or (f) of Code Section 16-13-49. Property which is forfeited pursuant to this Code section shall be disposed of as provided in Code Section 16-13-49 and the proceeds of such disposition shall be paid to the Criminal Justice Coordinating Council for use in funding gang prevention projects."
SECTION 2-27. Said title is further amended by repealing in its entirety Code Section 16-16-2, relating to motor vehicles, tools, and weapons subject to forfeiture, and enacting a new Code Section 16-16-2 to read as follows:
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"16-16-2. (a) As used in this Code section, the terms 'proceeds' and 'property' shall have the same meanings as set forth in Code Section 9-16-2. (b) Any property which is, directly or indirectly, used or intended for use in any manner to facilitate the commission of a burglary, home invasion, or armed robbery and any proceeds are declared to be contraband and no person shall have a property right in them. (c) Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9."
PART III CONFORMING TITLES 3, 5, 7, 10, 12, 15, 17, 27, 36, 38, 40, 45, 46, 48, 49, AND 52 TO THE NEW CIVIL FORFEITURE PROCEDURE AND CORRECTING TERMINOLOGY
SECTION 3-1.
Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by revising Code Section 3-10-10, relating to existence of property rights in distilled spirits or vessels kept or used in violation of the chapter, as follows:
"3-10-10. No property rights of any kind shall exist in distilled spirits or in the vessels kept or used for the purpose of violating this chapter, or in any such liquors when received, possessed, or stored at any forbidden place or anywhere in a quantity forbidden by law or when kept, stored, or deposited for the purpose of sale or unlawful disposition, furnishing, or distribution. In all such cases the distilled spirits, the vessels and receptacles in which the distilled spirits are contained, and any property kept or used for the purpose of violating this chapter are declared to be contraband, and are to be forfeited to the state when seized, and may be condemned to be destroyed after seizure by order of the court that has acquired jurisdiction over them, or by order of the judge or court after conviction when the distilled spirits and property have been seized for use as evidence in accordance with the procedures set forth in Chapter 16 of Title 9."
SECTION 3-2. Said title is further amended by revising Code Section 3-10-11, relating to contraband apparatus and appliances, existence of property rights therein, summary destruction of contraband, and procedure for seizure and condemnation of vehicles and conveyances and boats and vessels, as follows:
"3-10-11. (a)(1) All apparatus or appliances which are used for the unlawful purpose of distilling or manufacturing any distilled spirits are declared to be contraband. (2) No person shall have any property right in or to the contraband specified in this subsection.
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(3) Whenever apparatus or appliances used or about to be used for the unlawful purpose of manufacturing, using, holding, or containing any distilled spirits are found or discovered by any sheriff, deputy sheriff, or other law enforcement officer of this state, the same shall be summarily destroyed and rendered useless by him or her without any formal order of the court. (b)(1) All vehicles and conveyances of every kind and description in this state and all boats and vessels of every kind and description in any of the waters of this state, which vehicles and vessels are used in conveying, removing, concealing, or storing any distilled spirits, the transportation, possession, or storing of which is in violation of law, are declared to be contraband and shall be seized and condemned by any sheriff or other arresting law enforcement officer. Such vehicles, conveyances, boats, and vessels contraband shall be subject to seizure and condemnation as specified in this Code section in any county or municipality of this state forfeiture in accordance with the procedures set forth in Chapter 16 of Title 9, including those counties and municipalities in which the sale of distilled spirits is lawful. The law enforcement officer making a seizure shall report the seizure within ten days after the seizure to the prosecuting attorney of the county, city, or superior court having jurisdiction in the county where the seizure was made. (2) Within 30 days from the time the prosecuting attorney receives the notice, he shall institute condemnation proceedings by petition, a copy of which shall be served upon the owner or lessee, if known, and, if the owner or lessee is unknown, notice of the proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. (3) If at the expiration of 30 days after the filing of a petition pursuant to paragraph (2) of this subsection no claimant has appeared to defend against the petition, the court shall order the disposition of the property as otherwise provided in this subsection. (4) Should it appear upon the trial of the case that the vehicle, conveyance, boat, or vessel was used as provided in paragraph (1) of this subsection with the knowledge of the owner or lessee, it shall be disposed of by order of the court after such advertisement as the court may direct. (5) Except as otherwise provided in this Code section, property forfeited pursuant to this subsection shall be disposed of by order of the court as follows:
(A) Upon application of the seizing law enforcement agency or any other law enforcement agency of state, county, or municipal government, the court shall permit the agency to retain the property for official use in law enforcement work; (B) That property which is not required to be destroyed by law and which is not harmful to the public shall be sold. The proceeds of such sale shall be used for payment of all proper expenses of the forfeiture and sale, including, but not limited to, the expenses of seizure, maintenance of custody, advertising, and court costs. The remainder of the proceeds of a sale of forfeited property, after the deductions authorized in this subparagraph for proper expenses, shall be paid into the general fund of the county in which the seizure is made.
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(c) Where the owner or lessee of any property seized for purposes of condemnation absconds or conceals himself so that actual notice of the condemnation proceeding cannot be served upon him, he shall be served by publication as provided for in paragraph (2) of subsection (b) of this Code section in the case of an unknown owner or lessee.
(d)(1) All condemnation proceedings against any vehicle, conveyance, boat, or vessel shall be proceedings in rem against the property seized. The property shall be described only in general terms, and it is no ground for defense that the person who had the property in possession at the time of its illegal use and seizure had not been convicted of such violation. (2) Any party at interest may appear, by answer under oath, and make defense. The owner or lessee shall be permitted to defend by showing that the property seized, if used illegally by another, was used without the knowledge, connivance, or consent, express or implied, of the owner or lessee and by showing also that the property seized, if a motor vehicle, was legally registered with the department in the true name and address of the owner or his predecessor in title, unless the vehicle is a new vehicle bought from a dealer within 30 days of the time of seizure. The holder of any bona fide lien on the property so seized shall be protected to the full extent of his lien if the holder shows that the illegal use of the property was without his knowledge, connivance, or consent, express or implied. (e) The court to whom a petition for condemnation is referred may at its discretion allow any party at interest to give bond and take possession of the vehicle seized. In such cases the court shall determine whether the bond shall be a forthcoming bond or an eventual condemnation money bond and shall also determine the amount of the bond. The enforcement of any bond so given shall be regulated by the general law applicable to such cases. (f) The court may permit a settlement between the parties at any stage of the proceeding by permitting the value of the vehicle or the value of the equity in the vehicle, as determined by the court, to be paid into court. Money so paid shall be distributed as provided by law in all cases of condemnation. (g) The agency, state, county, or municipality seizing any contraband article may use any vessel, vehicle, aircraft, or other conveyance described in subsection (b) of this Code section for covert police activity for a period of up to 60 days prior to the sale of such vessel, vehicle, aircraft, or other conveyance, except that no vessel, vehicle, aircraft, or other conveyance shall be utilized for covert police activity prior to final judicial adjudication of lawful seizure."
SECTION 3-3. Said title is further amended by revising Code Section 3-10-12, relating to raw materials or substances, fixtures, implements, or apparatus intended for use in unlawful distillation or manufacture of distilled spirits declared contraband, property rights in contraband, and procedures for seizure and disposition of contraband, as follows:
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"3-10-12. (a) Any raw materials or substances, including, but not limited to, sugar of any grade or type, and any fixture, implement, or apparatus used or intended for use in the unlawful distilling or manufacturing of any distilled spirits are declared to be contraband. (b) No person shall have any property right in or to any contraband specified in subsection (a) of this Code section. (c) Whenever any property item used or about to be used as specified in subsection (a) of this Code section is found or discovered, whether in transit, in storage, or at a site of unlawful distillation or manufacture, by any sheriff, deputy sheriff, revenue agent, or any other law enforcement officer, it is declared forfeited and shall be subject to the following dispositions, or any of them:
(1) When found or discovered at a site of unlawful distillation or manufacture, it may be summarily destroyed and rendered useless by any of the officers named in this subsection law enforcement officer without any formal order of the court or, in the event any of the raw materials or substances are fit for human consumption or if any of the fixtures, implements, or apparatus are of any beneficial use to the educational authorities of the county for use in any of their educational programs, they may be delivered to the public schools of the county in which seized for use in the schools. When any of the foregoing items are delivered to a public school system, the officer delivering the items shall obtain from the appropriate school authorities an itemized receipt detailing all items delivered to the system and report such information as provided in subsection (g) of Code Section 9-16-19. In the event any of the foregoing items are destroyed by a law enforcement officer, he the officer shall execute an affidavit of such fact in which he shall list all items destroyed by him shall be listed. The receipts and affidavits shall be maintained by the officer and shall be open to inspection by the public upon request; or (2) When found or discovered in transit or in storage by any of the officers named in this subsection, the property law enforcement officer, the items shall be seized by the officer and the procedures of notice, condemnation, and sale provided in Code Section 3-10-11, applicable to vehicles and conveyances, shall be followed forfeited in accordance with the procedures set forth in Chapter 16 of Title 9."
SECTION 3-4. Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by revising paragraph (8) of subsection (c) of Code Section 5-5-41, relating to requirements as to extraordinary motions for new trial generally, as follows:
"(8) If the court orders testing pursuant to this subsection, the court shall determine the method of testing and responsibility for payment for the cost of testing, if necessary, and may require the petitioner to pay the costs of testing if the court determines that the petitioner has the ability to pay. If the petitioner is indigent, the cost shall be paid from the fine and bond forfeiture fund as provided in Article 3 of Chapter 5 21 of Title 15."
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SECTION 3-5. Title 7 of the Official Code of Georgia Annotated, relating to banks and banking, is amended by revising Code Section 7-1-11, relating to registration of nonresident corporations, as follows:
"7-1-11. Whenever any financial institution or other corporation domiciled outside this state, including domestic international banking facilities, international bank agencies, international bank representative offices, and representative offices of federally and state chartered financial institutions, is required to register with the department as a prerequisite to the conduct of business in this state or for the purpose of taking title or liens against property located in this state, such registration shall be in lieu of further registration pursuant to Code Section 16-14-15 or any other provisions of law."
SECTION 3-6. Said title is further amended by revising Code Section 7-1-916, relating to forfeiture of property involved in illegal transactions, as follows:
"7-1-916. All property of every kind used or intended for use in the course of, derived from, or realized through a transaction which in fact involves the proceeds of unlawful activity specified in Chapter 14 of Title 16 or otherwise subject to the provisions of this article shall be subject to forfeiture to the state. Forfeiture shall be had by the same procedure as is set forth in Code Section 16-14-7 Chapter 16 of Title 9. As used in this Code section, the terms 'proceeds' and 'property' shall have the same meaning as set forth in Code Section 9-16-2."
SECTION 3-7. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by revising subsection (d) of Code Section 10-1-454, relating to forged or counterfeited trademarks, service marks, or copyrighted or registered designs, as follows:
"(d)(1) The State of Georgia finds and declares that the citizens of this state have a right to receive those goods and services which they reasonably believe they are purchasing or for which they contract. The state further finds that the manufacture and sale of counterfeit goods or goods which are not what they purport to be and the offering of services through the use of counterfeit service marks constitutes a fraud on the public and results in economic disruption to the legitimate businesses of this state. In order to protect the citizens and businesses of this state it is necessary to take appropriate actions to remove counterfeit goods from the channels of commerce and prevent the manufacture, sale, and distribution of such goods or the offering of such services through the use of counterfeit service marks. (2) As used in this subsection, the terms 'proceeds' and 'property' shall have the same meanings as set forth in Code Section 9-16-2.
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(3) Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this Code section and any proceeds are declared to be contraband and no person shall have a property right in them. (4) Any property subject to forfeiture pursuant to paragraph (3) of this subsection shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9. (2) For the purposes expressed in paragraph (1) of this subsection, a person who is convicted of or pleads nolo contendere to a felony offense under this Code section shall forfeit to the State of Georgia such interest as the person may have in:
(A) Any goods, labels, products, or other property containing or constituting forged or counterfeit trademarks, service marks, or copyrighted or registered designs or constituting or directly derived from gross profits or other proceeds obtained from such offense; (B) Any property or any interest in any property, including but not limited to any reproduction equipment, scanners, computer equipment, printing equipment, plates, dies, sewing or embroidery equipment, motor vehicle, or other asset, used to commit a violation of this Code section; and (C) Any property constituting or directly derived from gross profits or other proceeds obtained from a violation of this Code section. (3) In any action under this Code section, the court may enter such restraining orders or take other appropriate action, including acceptance of performance bonds, in connection with any interest that is subject to forfeiture. (4) The court shall order forfeiture of property referred to in paragraph (2) of this subsection if the trier of fact determines beyond a reasonable doubt that such property is subject to forfeiture. (5) The provisions of subsection (u) of Code Section 16-13-49 shall apply for the disposition of any property forfeited under this subsection, provided that any property containing a counterfeit trademark, service mark, or copyrighted or registered design shall be destroyed unless the owner of the trademark, service mark, or copyrighted or registered design gives prior written consent to the sale of such property or such trademark, service mark, or copyrighted or registered design is obliterated or removed from such property prior to the disposition thereof. Any forfeited goods which are hazardous to the health, welfare, or safety of the public shall be destroyed. In any disposition of property under this subsection, a person who has been convicted of or who has entered a plea of nolo contendere to a violation of this Code section shall not be permitted to acquire property forfeited by such person. (6) The procedure for forfeiture and disposition of forfeited property under this subsection shall be as provided for forfeitures under Code Section 16-13-49."
SECTION 3-8. Said title is further amended by revising subsection (b) of Code Section 10-13A-8, relating to suspension of distributor's license, as follows:
"(b) Any cigarettes that have been sold, offered for sale, or possessed for sale in this state in violation of Code Section 10-13A-5 shall be deemed contraband under Code
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Section 48-11-9 and such cigarettes shall be subject to seizure and forfeiture as provided in such Code section Chapter 16 of Title 9."
SECTION 3-9. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amending by revising subsection (e) of Code Section 12-4-48, relating to actions by director to enforce part relating to deep drilling for oil, gas, and other minerals, as follows:
"(e)(1) In addition to any other enforcement remedy available to the director under this part, all illegal minerals and illegal products are declared to be contraband and forfeited to the state and shall be confiscated and seized by any peace officer who shall forthwith deliver it in accordance with the procedures set forth in Chapter 16 of Title 9, except that:
(1) Any seizure of contraband shall be delivered to the director or his or her duly authorized agent within ten days of the seizure; (2) Illegal minerals shall only be forfeited as provided for in Code Section 9-16-12; and (3) Property seized pursuant to this subsection shall not be required to be stored in an area within the jurisdiction of the court if such storage is not possible. (2) The district attorney whose circuit includes the county in which the seizure is made, within 30 days after the seizure of any illegal minerals or illegal products, shall institute proceedings by petition in the superior court of any county where the seizure was made against the property so seized and against any and all persons known to have an interest in or right affected by the seizure or sale of such property. A copy of such petition shall be served upon the owner or lessee of such property, if known, and upon the person or persons having custody or possession of such property at the time of the confiscation or seizure. If the owner or lessee or person or persons having custody or possession of such property at the time of seizure is unknown, notice of such proceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriff's advertisements of the county are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and any sale of the property resulting therefrom. If no defense or intervention shall be filed within 30 days from the filing of the petition, judgment by default shall be entered by the court; otherwise the case shall proceed as civil cases. Should the mineral or mineral product be found to be illegal within the sense of this part, the same shall be decreed to be contraband and ordered sold under such terms as the judge in his order may direct. The judge may order the same sold in bulk, in lots, in parcels, or under such other regulations as may be deemed proper. The proceeds arising from such sale shall be applied:
(A) To the payment of proper costs and expenses, including expenses incurred in the seizure; (B) To the payment of the cost of the court and its officers;
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(C) To the payment of any cost incurred in the storage, advertisement, maintenance, or care of such property; and (D) If any money remains, to the state treasury to the credit of the general fund. (3) Where the owner or lessee of any property seized for purpose of condemnation shall abscond or conceal himself so that the actual notice of the condemnation proceedings cannot be served upon him, he shall be served by publication as is provided in this Code section in the case of an unknown owner or lessee. (4) All proceedings against any alleged illegal minerals or for the purpose of condemnation shall be proceedings in rem against the property, and the property shall be described only in general terms. It is the intent and purpose of the procedure provided by this Code section to provide a civil remedy for the condemnation and sale of contraband property. (5) The court shall have full discretion and authority to permit a settlement between the parties at any stage of the proceedings by permitting the value of the alleged illegal minerals or illegal products to be paid into court, as determined by the court, which money when so paid in shall be distributed as provided by law in all cases of condemnation. (6)(f) Nothing in this Code section shall deny or abridge any cause of action a royalty owner, lienholder, or other claimant may have against any persons whose acts result in the forfeiture of the illegal oil, illegal gas, or illegal product."
SECTION 3-10. Said title is further amended by revising subsection (a) of Code Section 12-5-133, relating to penalty and confiscation of equipment, as follows:
"(a) Any person who engages in or follows the business or occupation of, or advertises, holds himself or herself out, or acts, temporarily or otherwise, as a water well contractor without having first secured the required license or renewal thereof or any person who otherwise violates any provisions of this part shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100.00 and not more than $1,000.00. Each day during which such violation exists or continues shall constitute a separate offense. In addition to or in lieu of any fine imposed for acting without the required license, any person violating any provision of this part may have his or her drilling rigs and commercial vehicles confiscated in accordance with Code Section 12-5-137."
SECTION 3-11. Said title is further amended by revising Code Section 12-5-137, relating to the procedure for confiscation and sale of contraband equipment and defenses, as follows:
"12-5-137. (a) All drilling rigs or commercial vehicles used to drill any well and other equipment used to drill any well by a person who is not a licensed water well contractor or driller or who is not acting under the direction of a professional engineer or professional geologist as required by this part are declared to be contraband subject to forfeiture and
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confiscation and seizure by any peace officer, who shall forthwith deliver such rigs and equipment to the district attorney whose circuit includes the county in which a seizure is made or to his duly authorized agent within ten days of the seizure in accordance with Chapter 16 of Title 9. (b) The district attorney whose circuit includes the county in which the seizure is made, within 30 days after the seizure of any illegal drilling equipment, shall institute proceedings by petition in the superior court of any county where the seizure was made against the property so seized and against any and all persons known to have an interest in or right affected by the seizure or sale of such property. A copy of such petition shall be served upon the owner or lessee of such property, if known, and upon the person or persons having custody or possession of such property at the time of the confiscation or seizure. If the owner or lessee, or person or persons having custody or possession of such property at the time of seizure is unknown, notice of such proceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriff's advertisements of the county are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceedings and any sale of the property resulting therefrom. If no defense or intervention shall be filed within 30 days from the filing of the petition, judgment by default shall be entered by the court; otherwise the case shall proceed as in other civil cases. Should the drilling equipment be found to be illegal within the sense of this part, the same shall be decreed to be contraband and ordered sold under such terms as the judge in his order may direct. The proceeds arising from such sale shall be applied:
(1) To the payment of proper costs and expenses, including expenses incurred in the seizure; (2) To the payment of the cost of the court and its officers; (3) To the payment of any cost incurred in the storage, advertisement, maintenance, or care of such property; and (4) If any money remains, to the general funds of the county. (c) Where the owner or lessee of any property seized for purpose of condemnation shall abscond or conceal himself so that the actual notice of the condemnation proceedings cannot be served upon him, he shall be served by publication as is provided in this Code section in the case of an unknown owner or lessee. (d) All proceedings against any alleged illegal drilling equipment for the purpose of condemnation shall be proceedings in rem against the property, and the property shall be described only in general terms. It is the intent and purpose of the procedure provided by this Code section to provide a civil remedy for the condemnation and sale of contraband property. (e) Any party at interest may appear, by answer under oath, and make his defense. The owner, lessee, security interest holder, or lienholder shall be permitted to defend by showing that the property seized, if illegally used by another, was used without the knowledge, connivance, or consent, expressed or implied, of the owner, lessee, security interest holder, or lienholder. The holder of any bona fide lien on or security interest in the property shall be protected to the full extent of his lien or security interest,
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respectively; provided, however, that nothing contained in this Code section shall be construed to obligate the district attorney whose circuit includes the county in which a seizure is made beyond the proceeds of any such sale less the actual costs incurred by him."
SECTION 3-12. Said title is further amended by revising subsection (c) of Code Section 12-8-2, relating to dumping sanitary sewer, kitchen, or toilet wastes in storm or sanitary sewers prohibited, as follows:
"(c) Any motor vehicle, trailer, and all other articles property and contrivances instruments utilized in the hauling, transporting, dumping, placing, or disposition of any contents or matter in any public sewer in violation of subsection (a) of this Code section are declared to be contraband and shall be subject to seizure, confiscation, and forfeiture according to the terms, provisions, conditions, and procedures set out in Code Section 3-10-11, as far as such terms and procedures can be made to apply Chapter 16 of Title 9."
SECTION 3-13. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Code Section 15-6-95, relating to priorities of fines, forfeitures, surcharges, additional fees, and costs in partial payments into the court, as follows:
"15-6-95. Notwithstanding any law to the contrary, a clerk of any superior court of this state who receives partial payments, as ordered by the court, of criminal fines, bond forfeitures, or costs shall distribute said such sums in the order of priority set forth below:
(1) The amount provided for in Chapter 17 of Title 47 for the Peace Officers' Annuity and Benefit Fund; (2) The amount provided for in Chapter 14 of Title 47 for the Superior Court Clerks' Retirement Fund of Georgia; (3) The amount provided for in Chapter 16 of Title 47 for the Sheriffs' Retirement Fund of Georgia; (4) The amounts provided under subparagraphs (a)(1)(A) and (a)(2)(A) of Code Section 15-21-73; (5) The amounts provided for under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 15-21-73; (6) The amounts provided for in Code Section 15-21-93 for jail construction and staffing; (7) The amount provided for in Code Section 15-21-131 for funding local victim assistance programs; (8) The amount provided for in Code Section 36-15-9 for county law libraries; (9) The balance of the base fine owed to the county; (10) The amount provided for in cases of driving under the influence for purposes of the Georgia Crime Victims Emergency Fund under Code Section 15-21-112;
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(11) The application fee provided for in subsection (c) or (e) of Code Section 1521A-6; (12) The amount provided for in cases of driving under the influence for purposes of the Brain and Spinal Injury Trust Fund under Code Section 15-21-149; (13) The amount provided for in Code Section 15-21-100 for the Drug Abuse Treatment and Education Fund; and (14) The amounts provided for in subsection (d) of Code Section 42-8-34."
SECTION 3-14. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising Code Section 17-5-51, relating to forfeiture of weapons used in commission of crime, possession of which constitutes crime or delinquent act, or illegal concealment generally, motor vehicles, definitions, and return of firearm to innocent owner, as follows:
"17-5-51. (a) Any Except as provided in subsection (c) of this Code section, any device which is used as a weapon in the commission of any crime against any person or any attempt to commit any crime against any person, any weapon the possession or carrying of which constitutes a crime or delinquent act, and any weapon for which a person has been convicted of violating Code Section 16-11-126 are declared to be contraband and are shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9, notwithstanding the time frames set forth in Code Section 9-16-7. For the purposes of this article, a motor vehicle shall not be deemed to be a weapon or device and shall not be contraband or forfeited under this article; provided, however, that this exception shall not be construed to prohibit the seizure, condemnation, and sale of motor vehicles used in the illegal transportation of alcoholic beverages. (b) As used in this Code section, the term:
(1) 'Firearm' shall have the same meaning as set forth in Code Section 16-11-171. (2) 'Innocent owner' means a person who:
(A) Did not beforehand know or in the exercise of ordinary care would not have known of the conduct which caused his or her firearm to be forfeited, seized, or abandoned to any law enforcement agency of this state or a political subdivision of this state, including the Department of Natural Resources; (B) Did not participate in the commission of a crime or delinquent act involving his or her firearm; (C) Legally owned and presently owns the firearm forfeited, seized, or abandoned; and (D) Is authorized by state and federal law to receive and possess his or her firearm. (c) A firearm that is the property of an innocent owner shall be returned to such person when such firearm is no longer needed for evidentiary purposes. (d) The costs of returning the firearm to the innocent owner shall be borne by the innocent owner. Such costs shall be limited to the actual costs of shipping and
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associated costs from any transfer and background check fees charged when delivering the firearm to the innocent owner. (e) If six months elapse after notification to the innocent owner of the possession of the firearm by a political subdivision or state custodial agency and the innocent owner fails to bear the costs of return of his or her firearm or fails to respond to the political subdivision or state custodial agency, then the political subdivision or state custodial agency may follow the procedures under subsection (d) of Code Section 17-5-52.1."
SECTION 3-15. Said title is further amended by revising Code Section 17-5-52, relating to sale or destruction of weapons used in commission of crime or delinquent act involving possession, sale of weapons not the property of the defendant, disposition of proceeds of sale, and record keeping, as follows:
"17-5-52. (a) When a final judgment is entered finding a defendant guilty of the commission or attempted commission of a crime against any person or guilty of the commission of a crime or delinquent act involving the illegal possession or carrying of a weapon, any device which was used as a weapon in the commission of the crime or delinquent act shall be turned over by the person having custody of the weapon or device to the sheriff, chief of police, or other executive officer of the law enforcement agency that originally confiscated the weapon or device when the weapon or device is no longer needed for evidentiary purposes. Within one year With the exception of firearms, as such term is defined in Code Section 17-5-51, which shall be disposed of in accordance with Code Section 17-5-52.1, within 90 days after receiving the weapon or device, the sheriff, chief of police, or other executive officer of the law enforcement agency shall retain the weapon or device for use in law enforcement, destroy the same, or sell the weapon or device pursuant to judicial sale as provided in Article 7 of Chapter 13 of Title 9 or by any commercially feasible means, provided that if the weapon or device used as a weapon in the crime is not the property of the defendant, there shall be no forfeiture of such weapon or device return or sell the weapon as provided in Code Section 17-5-54, or if the weapon or device is subject to forfeiture, the procedures set forth in Chapter 16 of Title 9 shall be followed notwithstanding the time frames set forth in Code Section 9-16-7. A state attorney seeking forfeiture under this Code section shall commence civil forfeiture proceedings within 60 days of the entry of a final judgment as contemplated by this Code section; the remaining provisions of Chapter 16 of Title 9 shall be applicable. (b) The proceeds derived from all sales of such weapons or devices, after deducting the costs of the advertising and the sale, shall be turned in to the treasury of the county or the municipal corporation that sold the weapon or device. The proceeds derived from the sale of such weapons or devices confiscated by a state law enforcement agency shall be paid into the state treasury. (c) Any law enforcement agency that retains, destroys, or sells any weapon or device pursuant to this Code section shall maintain records that include an accurate description
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of each weapon or device along with records of whether each weapon or device was retained, sold, or destroyed."
SECTION 3-16. Said title is further amended by repealing in its entirety Code Section 17-5-52.1, relating to disposal of forfeited or abandoned firearms, innocent owners, auctions, record keeping, and liability of government entities.
SECTION 3-17. Said title is further amended by revising Code Section 17-5-54, relating to disposition of personal property in custody of law enforcement agencies, as follows:
"17-5-54. (a) As used in this Code section, the term:
(1) 'Civil forfeiture proceeding' shall have the same meaning as set forth in Code Section 9-16-2. (2) 'Firearm' means any handgun, rifle, shotgun, or similar device or weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge. (3) 'Law enforcement agency' means a law enforcement agency of this state or a political subdivision of this state, including the Department of Natural Resources. (4) 'Rightful owner' means a person claiming ownership of property which is the subject of a crime or has been abandoned. (b) This Code section shall not apply to: (1) Personal property which is the subject of any civil forfeiture proceeding; (2) Any property which is the subject of a disposition pursuant to Code Sections 175-50 through 17-5-53; and (3) Any abandoned motor vehicle for which the provisions of Chapter 11 of Title 40 are applicable. (a)(c)(1) Except as provided in Chapter 16 of Title 9, Code Sections 17-5-55 and 175-56, and subsections (d), (e), and (f) subsection (b) of this Code section, when a law enforcement agency assumes custody of any personal property which is the subject of a crime or has been abandoned or is otherwise seized, a disposition of such property shall be made in accordance with the provisions of this Code section. (2) When a final verdict and judgment is entered finding a defendant guilty of the commission of a crime, any personal property used as evidence in the trial shall be returned to the rightful owner of the property within 30 days following the final judgment; provided, however, that if the judgment is appealed or if the defendant files a motion for a new trial and if photographs, videotapes, or other identification or analysis of the personal property will not be sufficient evidence for the appeal of the case or new trial of the case, such personal property shall be returned to the rightful owner within 30 days of the conclusion of the appeal or new trial, whichever occurs last.
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(3) Any person claiming to be a rightful owner of property shall make an application to the entity holding his or her property and shall furnish satisfactory proof of ownership of such property and present personal identification. The person in charge of such property may return such property to the applicant. The person to whom property is delivered shall sign, under penalty of false swearing, a declaration of ownership, which shall be retained by the person in charge of the property. Such declaration, absent any other proof of ownership, shall be deemed satisfactory proof of ownership for the purposes of this Code section; provided, however, that with respect to motor vehicles, paragraph (3) of subsection (b) and subsection (f) of this Code section shall govern the return of motor vehicles. (4) If more than one person claims ownership of property, a court with jurisdiction over the property shall conduct a hearing to determine the ownership of such property. (d) After a period of 90 days following the final verdict and judgment, when All personal property that is in the custody of a law enforcement agency, including personal property was used as evidence in a criminal trial, which is unclaimed after a period of 90 days following its seizure, or following the final verdict and judgment in the case of property used as evidence, and which is no or was abandoned, it shall be subject to disposition as provided in subsection (e) of this Code section if the property is not a firearm and as provided in subsection (g) of this Code section if the property is a firearm if it is: (1) No longer needed in a criminal investigation or for evidentiary purposes in accordance with Code Section 17-5-55 or 17-5-56 shall be subject to disposition by the law enforcement agency; (2) Not claimed pursuant to Code Section 17-5-50; and (3) Not claimed pursuant to subsection (c) of this Code section. (e) For any unclaimed personal property that is not a firearm, the The sheriff, chief of police, or other executive officer of a law enforcement agency shall make application to the superior court for an order to retain, sell, or discard such property. In the application the officer shall state each item of personal property to be retained, sold, or discarded. Upon the superior court's granting an order for the law enforcement agency to retain such property, the law enforcement agency shall retain such property for official use. Upon the superior court's granting an order which authorizes that the property be discarded, the law enforcement agency shall dispose of the property as other salvage or nonserviceable equipment. Upon the superior court's granting an order for the sale of personal property, the officer shall provide for a notice to be placed once a week for four weeks in the legal organ of the county specifically describing each item and advising possible owners of items of the method of contacting the law enforcement agency; provided, however, that miscellaneous items having an estimated fair market value of $75.00 or less may be advertised or sold, or both, in lots. Such notice shall also stipulate a date, time, and place said items will be placed for public sale if not claimed. Such notice shall also stipulate whether said items or groups of items are to be sold in blocks, by lot numbers, by entire list of items, or separately.
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(2) Such unclaimed personal property Items not claimed by the owners shall be sold at a sale which shall be conducted not less than seven nor more than 15 days after the final advertised notice has been run. The sale shall be to the highest bidder. (3) If such personal property has not been bid on in two successive sales, the law enforcement agency may retain the property for official use or the property will be considered as salvage and disposed of as other county or municipal salvage or nonserviceable equipment. (4) With respect to unclaimed perishable personal property or animals or other wildlife, the an officer may make application to the superior court for an order authorizing the disposition of such property prior to the expiration of 90 days. (5)(f) With respect to a seized motor vehicle which is the subject of a crime or has been abandoned but which is not the subject of any civil forfeiture proceedings proceeding, the law enforcement agency shall be required to contact the Georgia Crime Information Center to determine if such motor vehicle has been stolen and to follow generally the procedures of Code Section 40-11-2 to ascertain the registered owner of such vehicle.
(g)(1) With respect to unclaimed firearms, if the sheriff, chief of police, agency director, or designee of such official certifies that a firearm is unsafe because of wear, damage, age, or modification or because any federal or state law prohibits the sale or distribution of such firearm, at the discretion of such official, it shall be transferred to the Division of Forensic Sciences of the Georgia Bureau of Investigation, a municipal or county law enforcement forensic laboratory for training or experimental purposes, or be destroyed. (2) Otherwise, an unclaimed firearm:
(A) Possessed by a municipal corporation shall be disposed of as provided for in Code Section 36-37-6; provided, however, that municipal corporations shall not have the right to reject any bids or to cancel any proposed sale of such firearms, and all sales shall be to persons who are licensed as firearms collectors, dealers, importers, or manufacturers under the provisions of 18 U.S.C. Section 921, et seq., and who are authorized to receive such firearms under the terms of such license; or (B) Possessed by the state or a political subdivision other than a municipal corporation, shall be disposed of by sale at public auction to persons who are licensed as firearms collectors, dealers, importers, or manufacturers under the provisions of 18 U.S.C. Section 921, et seq., and who are authorized to receive such firearms under the terms of such license. Auctions required by this subparagraph may occur online on a rolling basis or at live events, but in no event shall such auctions occur less frequently than once every 12 months during any time in which the political subdivision or state custodial agency has an inventory of five or more saleable firearms. (3) If no bids from eligible recipients are received within six months from when bidding opened on a firearm offered for sale pursuant to paragraph (2) of this subsection, the firearm shall be transferred to the Division of Forensic Sciences of the Georgia Bureau of Investigation, a municipal or county law enforcement forensic laboratory for training or experimental purposes, or be destroyed.
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(b)(h) Records will shall be maintained showing the manner in which each personal property item came into possession of the law enforcement agency, a description of the property, all efforts to locate the owner, any case or docket number, the date of publication of any newspaper notices, and the date on which the property was retained by the law enforcement agency, sold, or discarded. All agencies subject to the provisions of this Code section shall keep records of the firearms acquired and disposed of as provided by this Code section as well as records of the proceeds of the sales thereof and the disbursement of such proceeds in accordance with records retention schedules adopted in accordance with Article 5 of Chapter 18 of Title 50, the 'Georgia Records Act.' (c)(i) The proceeds from the sale of personal property by the sheriff or other county law enforcement agency pursuant to this Code section shall be paid into the general fund of the county treasury. The proceeds from the sale of personal property by a municipal law enforcement agency pursuant to this Code section shall be paid into the general fund of the municipal treasury. The proceeds from the sale of personal property by a state agency pursuant to this Code section shall be paid into the general fund of the state. (d) The provisions of this Code section shall not apply to personal property which is the subject of forfeiture proceedings as otherwise provided by law. (e) The provisions of this Code section shall not apply to any property which is the subject of a disposition pursuant to Code Sections 17-5-50 through 17-5-53. (f) The provisions of this Code section shall not apply to any abandoned motor vehicle for which the provisions of Chapter 11 of Title 40 are applicable. (j) Neither the state nor any political subdivision of the state nor any of its officers, agents, or employees shall be liable to any person, including the purchaser of a firearm, for personal injuries or damage to property arising from the sale of a firearm under subsection (g) of this Code section unless the state or political subdivision acted with gross negligence or willful or wanton misconduct."
SECTION 3-18. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by revising subparagraph (b)(3)(B) of Code Section 27-3-12, relating to unlawful substances and equipment relating to hunting, as follows:
"(B) Any equipment used or intended for use in a violation of this Code section, excluding motor vehicles, is declared to be contraband and shall be forfeited to the state in accordance with the procedures set forth in Chapter 16 of Title 9."
SECTION 3-19. Said title is further amended by revising subsection (c) of Code Section 27-3-26, relating to hunting bears, as follows:
"(c) Any person violating the provisions of this Code section is shall be guilty of a misdemeanor of a high and aggravated nature, and, upon conviction, may be punished by a fine of not less than $500.00 and not to exceed nor more than $5,000.00, or by
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confinement for a term not to exceed 12 months, or both. The court may order that restitution be paid to the department of not less than $1,500.00 for each bear or bear part which is the subject of a violation of this Code section. Any equipment which is used or intended for use in a violation of this Code section, excluding motor vehicles, is declared to be contraband and is forfeited to the state in accordance with the procedures set forth in Chapter 16 of Title 9. The hunting and fishing privileges of any person convicted of violating the provisions of this Code section shall be suspended for three years."
SECTION 3-20. Said title is further amended by revising subsection (a.1) of Code Section 27-4-133, relating to lawful net fishing for shrimp, as follows:
"(a.1)(1) It shall be unlawful to fish for shrimp for human consumption with any trawl or trawls having a total foot-rope length greater than 220 feet, not including the foot-rope length of a single trawl not greater than 16 feet when used as a try net. Foot-rope shall be measured from brail line to brail line, first tie to last tie on the bottom line. The provisions of this subsection shall not apply to vessels having a maximum draft of seven feet or less when fully loaded. The department is authorized to exempt trawls used by persons holding a valid scientific collection permit granted by the department. (2) A vessel operator who violates the provisions of this subsection shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $500.00 nor more than $2,500.00, or imprisoned for not longer than 30 days, or both, and any trawl on board the vessel shall be contraband and may be seized forfeited in accordance with the procedures set forth in Chapter 16 of Title 9."
SECTION 3-21. Said title is further amended by revising subsection (c) of Code Section 27-4-134, relating to the requirements for commercial fishing boat licenses, as follows:
"(c) Every breach or violation shall carry over to all succeeding bonds filed under this Code section. The aggregate liability shall not exceed the amount of the bond. However, in the event that the total amount of any bond is forfeited, the commercial fishing boat license shall be suspended until a new bond in the amount of $10,000.00 is filed covering the remainder of the period of the license. Until the new bond is filed, any commercial use of the boat shall be unlawful; and the owner shall be guilty of a misdemeanor of a high and aggravated nature. Nothing in this subsection shall be construed so as to alter or affect the seizure and condemnation civil forfeiture, under Code Section 27-4-137, of any boat not covered by the bonds provided for in paragraphs (1) and (2) of subsection (a) of this Code section."
SECTION 3-22. Said title is further amended by revising Code Section 27-4-137, relating to condemnation proceedings, as follows:
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"27-4-137. (a) Each boat, propulsion unit, net, door, boom, winch, cable, electronic device, or accessory equipment used in violation of Code Section 27-4-133 or 27-4-171 is declared to be contraband and forfeited to the state and shall be confiscated and seized by any peace officer, who shall impound it in the name of the district attorney whose circuit includes the county in which a seizure is made. The district attorney whose circuit includes the county in which a seizure is made, within 30 days after the seizure of any such equipment, shall institute proceedings by petition in the superior court of any county where the seizure was made against the property so seized and against any and all persons having an interest in or right affected by the seizure or sale of the equipment. A copy of the petition shall be served upon the owner or lessee of the equipment, if known, and upon the person having custody or possession of the equipment at the time of the confiscation or seizure. If the owner, lessee, or person having custody or possession of the equipment at the time of seizure is unknown, notice of such proceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriff's advertisements of the county are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceedings and any sale of the equipment resulting therefrom. If no defense or intervention shall be filed within 30 days from the filing of the petition, judgment by default shall be entered by the court; otherwise, the case shall proceed as other civil cases. Should it appear upon the trial of the case or upon default that such equipment was used in violation of the Code sections heretofore cited in this subsection, the equipment shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from the sale shall be applied:
(1) To the payment of proper costs and expenses, including expenses incurred in the seizure; (2) To the payment of the costs of the court and its officers; (3) To the payment of any costs incurred in the storage, advertisement, maintenance, or care of such property; and (4) If any money remains, to the general funds of the county. (b) Where the owner or lessee of any equipment seized for purposes of condemnation shall abscond or conceal himself so that actual notice of the condemnation proceedings cannot be served upon him, he shall be served by publication as is provided in subsection (a) of this Code section in the case of an unknown owner or lessee. (c) All proceedings against any such equipment for the purpose of condemnation shall be proceedings in rem against the equipment, and the equipment shall be described only in general terms. It shall be no ground for defense that the person who had the equipment in possession at the time of its use and seizure has not been convicted or acquitted of any criminal proceedings resulting from or arising out of such use. It is the intent and purpose of the procedure provided by this Code section to provide a civil remedy for the condemnation and sale of equipment used in violation of Code Section 27-4-133, notwithstanding the conviction or acquittal of the person having possession or custody of the equipment at the time of its seizure. The conviction or acquittal of
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any such person shall not be admissible as evidence in any proceeding under this Code section. (d) Any party at interest may appear, by answer under oath, and make his defense. in accordance with the procedures set forth in Chapter 16 of Title 9; provided, however, that:
(1) Forfeiture shall only be done in accordance with Code Section 9-16-12 and the property shall be described only in general terms; and (2) The holder of any bona fide lien on the property shall be protected to the full extent of his the lien, but only if the lien was perfected prior to the filing by the department of the affidavit provided for in paragraph (3) of subsection (a) of Code Section 27-4-134, provided that nothing contained in this Code section shall be construed to obligate the district attorney whose circuit includes the county in which a seizure is made the state shall not be obligated beyond the proceeds of any such sale less the actual costs incurred by him. (e) The court to which any such petition for condemnation may be referred may, in its discretion, allow any party at interest to give bond and take possession of the equipment seized. The court shall determine whether the bond shall be a forthcoming bond or an eventual condemnation money bond and shall determine the amount of such bond. The enforcement of any bond so given shall be regulated by the general law applicable in such cases. (f) The court shall have full discretion and authority to permit a settlement between the parties at any stage of the proceedings by permitting to be paid into court the value of the equipment or the value of the equity therein, as determined by the court, which money, when so paid in, shall be distributed as provided by law in all cases of condemnation. (g)(b) The Attorney General may, upon the request of the commissioner, aid the district attorney in the in rem proceeding arising from any seizure or confiscation of property."
SECTION 3-23. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising subsection (e) of Code Section 36-80-21, relating to electronic transmissions of budgets, as follows:
"(e) Concurrent with the submission of the annual report by local law enforcement agencies required by division (u)(4)(D)(iii) of Code Section 16-13-49 subsection (g) of Code Section 9-16-19, a copy of such report shall be electronically transmitted in a Portable Document Format (PDF) file to the Vinson Institute and posted on the website by the Vinson Institute as soon as practicable."
SECTION 3-24. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by revising Code Section 40-6-391.2, relating to seizure and forfeiture of motor vehicles operated by habitual violators, as follows:
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"40-6-391.2. (a) Any Except as provided in this Code section, any motor vehicle operated by a person who has been declared a habitual violator for three violations of Code Section 40-6-391 and, whose license has been revoked, and who is arrested and charged with a violation of Code Section 40-6-391, is declared to be contraband and subject to forfeiture to the state, as provided in this Code section, provided that said forfeiture shall not be absolute unless the defendant is finally convicted of such offense in accordance with the procedures set forth in Chapter 16 of Title 9. (b) Any motor vehicle subject to forfeiture under subsection (a) of this Code section shall be seized immediately upon discovery by any law enforcement officer, peace officer, or law enforcement agency of this state or any political subdivision thereof who has the power to make arrests and whose duty it is to enforce this article, that said motor vehicle has been declared contraband. Said motor vehicle shall be delivered within 20 days to the district attorney whose circuit includes the county in which a seizure is made or to his duly authorized agent. At any time subsequent to the seizure, the chief officer of the seizing agency, his designee, or the district attorney may release the vehicle upon bond being posted in like manner as authorized in subsection (e) of this Code section. (c) Within 60 days from the date of the seizure, the district attorney of the judicial circuit, or the director on his behalf, shall cause to be filed in the superior court of the county in which the motor vehicle is seized or detained an action for condemnation of such motor vehicle. The proceedings shall be brought in the name of the state by the district attorney of the circuit in which the motor vehicle was seized, and the action shall be verified by a duly authorized agent of the state in a manner required by the law of this state. The action shall describe the motor vehicle and state its location, present custodian, and the name of the owner, if known, to the duly authorized agent of the state; allege the essential elements of the violation which is claimed to exist; and conclude with a prayer of due process to enforce the forfeiture. Upon the filing of such an action, the court shall promptly cause process to issue to the present custodian in possession of the motor vehicle described in the action, commanding him to seize the motor vehicle in the action and to hold that motor vehicle for further order of the court. The owner, lessee, or any person having a duly recorded security interest in or lien on such motor vehicle shall be notified by any means of service provided for in Title 9 or by delivery of a copy of the complaint and summons by certified mail or statutory overnight delivery to said owner or lienholder or a person of suitable age or discretion having charge of said owner's premises. For purposes of this subsection, where forfeiture of a motor vehicle titled or registered in Georgia is sought, notice to the titleholder shall be deemed adequate if a copy of the complaint and summons is mailed by certified mail or statutory overnight delivery to the titleholder at the address set out in the title and an additional copy is mailed by certified mail or statutory overnight delivery to the firm, person, or corporation which holds the current registration for said motor vehicle, who shall be deemed agent for service for said titleholder, and said complaint is advertised once a week for two weeks as set out in this subsection. If the
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owner, lessee, or person having a duly recorded security interest in or lien on the contraband motor vehicle is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid notice, notice of the proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and any sale of the motor vehicle resulting therefrom, but shall not constitute notice to any person having a duly recorded security interest in or lien upon such motor vehicle and required to be served under this Code section unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself to avoid notice.
(d)(1) Any party at interest may appear, by answer under oath, and file an intervention or defense within 30 days from the date of service on the condemnee of the action for condemnation. The owner, lessee, security interest holder, or lienholder shall be permitted to defend by showing that the motor vehicle seized was not subject to forfeiture under this Code section. (2) A rented or leased vehicle shall not be subject to forfeiture unless it is established in the forfeiture proceedings that the owner of the rented or leased vehicle knew or should have known of or consented to the operation of such motor vehicle in a manner which would subject the vehicle to forfeiture. Upon learning of the address or phone number of the rental or leasing company which owns such vehicle, the district attorney shall immediately contact the company to inform it that the vehicle is available for the company to take possession. (e) The court to which any such petition for condemnation may be referred may, in its discretion, allow any party at interest, after making said defense under subsection (d) of this Code section, to give bond and take possession of the motor vehicle seized. Such motor vehicle shall not be sold or leased without prior approval of the court. In the event the court approves such sale or lease, the proceeds arising therefrom shall be deposited in the registry of the court, pending final adjudication of the forfeiture proceeding. The court shall determine whether the bond shall be a forthcoming bond or an eventual condemnation money bond and shall also determine the amount of the bond. The enforcement of any bond so given shall be regulated by the general law applicable to such cases. (f) If no defense or intervention is filed within 30 days from the date of service on the condemnee of the petition, judgment shall be entered by the court and the motor vehicle shall be sold. The court may direct that such property be sold by: (1) Judicial sale as provided in Article 7 of Chapter 13 of Title 9; provided, however, that the court may establish a minimum acceptable price for such property; or (2) Any commercially feasible means. (g) The proceeds arising from such sale shall be deposited into the general treasury of the state or any other governmental unit whose law enforcement agency it was that originally seized the motor vehicle. It is the intent of the General Assembly that, where possible, proceeds deposited into the state treasury should be used and that proceeds
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vested in any local governmental unit shall be applied to fund alcohol or drug treatment, rehabilitation, and prevention and education programs, after making the necessary expenditures for:
(1) Any costs incurred in the seizure; (2) The costs of the court and its officers; and (3) Any cost incurred in the storage, advertisement, maintenance, or care of the motor vehicle. (h) The interest of an owner, lessee, security interest holder, or lienholder shall not be subject to forfeiture unless the condemnor shows by a preponderance of evidence that such person knew or reasonably should have known that the operator was a habitual violator as set forth in subsection (a) of this Code section and knew or reasonably should have known that such person would operate or was operating the vehicle while in violation of Code Section 40-6-391. (i)(b) In any case where a vehicle which is the only family vehicle is determined to be subject to forfeiture, the court may, if it determines that the financial hardship to the family as a result of the forfeiture and sale outweighs the benefit to the state from such forfeiture, order the title to the vehicle transferred to such other family member who is a duly licensed operator and who requires the use of such vehicle for employment or family transportation purposes. Such transfer shall be subject to any valid liens and shall be granted only once."
SECTION 3-25. Said title is further amended by revising Article 2 of Chapter 11, relating to forfeiture of vehicles and components, as follows:
"ARTICLE 2
40-11-20. The following items are declared to be contraband and are subject to forfeiture in accordance with the procedures set forth in Chapter 16 of Title 9:
(1) Any motor vehicle the manufacturer's vehicle identification number of which has been removed, altered, defaced, falsified, or destroyed; and (2) Any component part of a motor vehicle the manufacturer's identification number of which has been removed, altered, defaced, falsified, or destroyed.
40-11-21. Property subject to forfeiture under Code Section 40-11-20 and in the possession of any state or local law enforcement agency shall not be subject to replevin but is deemed to be in the custody of the superior court of the county wherein the property is located subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings.
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40-11-22. The law enforcement agency having possession of any property subject to forfeiture under Code Section 40-11-20 shall report such fact, within ten days of taking possession, to the district attorney of the judicial circuit having jurisdiction in the county where the property is located. Within 30 days from the date he or she receives such notice, the district attorney of the judicial circuit shall file in the superior court of the county in which the property is located an action for condemnation of the property. The proceedings shall be brought in the name of the state, and the action shall be verified by a duly authorized agent of the state in the manner required by law. The action shall describe the property, state its location, state its present custodian, state the name of the owner, if known, to the duly authorized agent of the state, allege the essential elements which are claimed to exist, and shall conclude with a prayer of due process to enforce the forfeiture. Upon the filing of such an action, the court shall promptly cause process to issue to the present custodian in possession of the property described in the action, commanding him or her to seize the property described in the action and to hold that property for further order of the court. A copy of the action shall be served on the owner, if known. If the owner is known, a copy of the action shall also be served upon any person having a duly recorded security interest in or lien upon that property. If the owner is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom but shall not constitute notice to any person having a duly recorded security interest in or lien upon such property and required to be served under this Code section unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself to avoid service. At the expiration of 30 days after such filing, if no claimant has appeared to defend the action, the court shall order the disposition of the seized property as provided for in this Code section. If the owner of the property appears and defends the action and can show that he or she was unaware of the fact that the identification number had been removed, altered, defaced, falsified, or destroyed, the court shall order the property returned to the owner upon the owner's paying proper expenses relating to proceedings for forfeiture, including the expenses of the maintenance of custody, advertising, and court costs and upon the property's being assigned a new identification number as provided in this article.
40-11-23. Except as otherwise provided in this article, when property is forfeited under this article, the court may:
(1) Order that the property be retained by the law enforcement agency or the county in which the property is located; or
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(2) Order that the property be disposed of by sale, the proceeds of which shall be used to pay the proper expenses relating to the proceedings for forfeiture, including the expenses of maintenance of custody, advertising, and court costs, with the remaining funds to be paid into the general fund of the county.
40-11-24. 40-11-21. Prior to the property's being sold or returned to the owner or otherwise disposed of, the Department of Revenue shall assign it a new identification number. If the property is to be returned to the owner, the court shall order that such return is conditioned on the owner paying the expenses relating to the civil forfeiture, including the expenses of maintenance of custody, advertising, and court costs."
SECTION 3-26. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by revising Code Section 45-15-10, relating to the Attorney General's authority to prosecute officials, persons, firms, or corporations for violations while dealing with or for the state, as follows:
"45-15-10. The Attorney General, as the head of the Department of Law and the chief legal officer of the state, is authorized to prosecute in the criminal courts of this state any official, person, firm, or corporation which violates any criminal statute while dealing with or for the state or any official, employee, department, agency, board, bureau, commission, institution, or appointee thereof; and the Attorney General is authorized to call upon the district attorney or the prosecuting officer of any state court to assist in or to conduct such prosecution; and, when so requested by the Attorney General, it shall be the duty of any such district attorney or prosecuting officer of this state to assist in or to conduct such prosecution for and on behalf of the Attorney General and the state. The Attorney General shall be authorized to commence civil forfeiture proceedings, as such term is defined in Code Section 9-16-2, pursuant to Code Section 16-14-7 whenever he or she is authorized to prosecute a case pursuant to this Code section."
SECTION 3-27. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by revising Code Section 46-9-253, relating to transportation of gunpowder, dynamite, or other explosives, as follows:
"46-9-253. Any person who causes more than five pounds of gunpowder, or any amount of dynamite or other dangerous explosive, to be transported upon water, by railroad, or otherwise shall have the word 'Gunpowder,' 'Dynamite,' or other name of the explosive marked in large letters upon each package so transported. Gunpowder, dynamite, or other dangerous explosive transported in violation of said provision shall be liable to seizure and forfeiture by any officer who may execute a criminal warrant, under warrant for that purpose, issued by any officer who may issue such first-named
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warrants, one-half of the same to go to the informer, the other half to go to the military fund of the state, after public sale by order of the officer issuing the warrant, or one of like authority this Code section are declared contraband and shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9."
SECTION 3-28. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising subsection (b) of Code Section 48-4-61, relating to land bank authority established by interlocal cooperation agreement, as follows:
"(b) The authority shall be a public body corporate and politic with the power to sue and be sued, to accept and issue deeds in its name, including without limitation the acceptance of real property in accordance with the provisions of paragraph (2.1) of subsection (u) (f) of Code Section 16-13-49 9-16-19, and to institute quia timet actions and shall have any other powers necessary and incidental to carry out the powers granted by this article."
SECTION 3-29. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising Code Section 49-4-146.3, relating to forfeiture of property and proceeds obtained through Medicaid fraud, as follows:
"49-4-146.3. (a) As used in this Code section, the term:
(1) 'Civil forfeiture proceeding' shall have the same meaning as set forth in Code Section 9-16-2. 'Costs' means, but is not limited to:
(A) All expenses associated with the seizure, towing, storage, maintenance, custody, preservation, operation, or sale of the property; and (B) Satisfaction of any security interest or lien not subject to forfeiture under this Code section. (2) 'Court costs' means, but is not limited to: (A) All court costs, including the costs of advertisement, transcripts, and court reporter fees; and (B) Payment of receivers, conservators, appraisers, accountants, or trustees appointed by the court pursuant to this Code section. (3) 'Interest holder' means a secured party within the meaning of Code Section 11-9102 or the beneficiary of a perfected encumbrance pertaining to an interest in property. (4)(2) 'Medicaid fraud' means: (A) A violation of Code Section 49-4-146.1; or (B) A violation relating to the obtaining of medical assistance benefits or payments under this article of any provision of:
(i) Chapter 8 of Title 16, relating to offenses involving theft;
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(ii) Code Section 16-10-20, relating to false statements and writings, concealment of facts, and fraudulent documents in matters within jurisdiction of state or political subdivisions; or (iii) Code Section 16-10-21, relating to conspiracy to defraud the state or its political subdivisions. (5) 'Owner' means a person, other than an interest holder, who has an interest in property and is in compliance with any statute requiring its recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value. (6)(3) 'Proceeds' means property derived from or realized through, directly or indirectly, Medicaid fraud and includes property of any kind without reduction for expenses incurred for acquisition, maintenance, or any other purpose shall have the same meaning as set forth in Code Section 9-16-2. (7)(4) 'Property' means anything of value and includes any interest in anything of value, including real property and any fixtures thereon, and tangible and intangible personal property, including but not limited to currency, instruments, securities, or any kind of privilege, interest, claim, or right shall have the same meaning as set forth in Code Section 9-16-2. (8) 'Prosecutor' means a district attorney or his or her designee or the Attorney General or his or her designee. (b) Any property which is directly or indirectly All property and proceeds obtained by a person or entity through or as a result of Medicaid fraud in the provision of services or equipment under this article are and any proceeds shall be subject to civil forfeiture to the state by a Medicaid fraud forfeiture action brought by the state proceedings in accordance with this Code section Chapter 16 of Title 9. This Code section shall not apply to cases involving alleged fraud by Medicaid recipients in obtaining medical assistance benefits. (c) A Medicaid fraud forfeiture proceeding shall be initiated by a complaint filed in the name of the State of Georgia and may be brought in the case of: (1) An in rem action, by the prosecutor in the county in which the property is located or seized; or (2) An in personam action, by the prosecutor in the county in which the defendant resides. (d)(1) An action pursuant to this Code section may be commenced before or after the seizure of property. (2) Any Medicaid fraud forfeiture action filed under this Code section shall be limited to a civil action. (e) A property interest shall not be subject to forfeiture under this Code section if the owner of such interest or interest holder establishes that the owner or interest holder: (1) Is not legally accountable for the conduct giving rise to its forfeiture, did not consent to it, and did not know and there is no reason why he or she should have known of the conduct or that it was likely to occur;
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(2) Had not acquired and did not stand to acquire substantial proceeds from the conduct giving rise to its forfeiture other than as an interest holder in an arm's length commercial transaction; (3) With respect to conveyances for transportation only, did not hold the property jointly, in common, or in community with a person whose conduct gave rise to its forfeiture; (4) Does not hold the property for the benefit of or as nominee for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired the interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value without knowingly taking part in an illegal transaction; and (5) Acquired the interest:
(A) Before the completion of the conduct giving rise to its forfeiture, and the person whose conduct gave rise to its forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or (B) After the completion of the conduct giving rise to its forfeiture:
(i) As a bona fide purchaser for value without knowingly taking part in an illegal transaction; (ii) Before the filing of a lien on it and before the effective date of a notice of pending forfeiture relating to it and without notice of its seizure for forfeiture under this article; and (iii) At the time the interest was acquired, was reasonably without cause to believe that the property was subject to forfeiture or likely to become subject to forfeiture under this article. Upon the request of the owner or interest holder, for good cause shown, the court shall hold an expedited hearing to determine whether the property is subject to forfeiture under this Code section. (f) A rented or leased vehicle shall not be subject to forfeiture unless it is established in forfeiture proceedings that the owner of the rented or leased vehicle is legally accountable for the conduct which would otherwise subject the vehicle to forfeiture, consented to the conduct, or knew or reasonably should have known of the conduct or that it was likely to occur. Upon learning of the address or phone number of the company which owns any rented or leased vehicle which is present at the scene of an arrest or other action taken pursuant to this Code section, the duly authorized authorities shall immediately contact the company to inform it that the vehicle is available for the company to take possession. (g)(1) Property which is subject to forfeiture under this Code section may be seized by any law enforcement officer of this state or of any political subdivision thereof who has power to make arrests or execute process or a search warrant issued by any superior court having jurisdiction over the property. A search warrant authorizing seizure of property which is subject to forfeiture pursuant to this Code section may be issued at an ex parte hearing before a superior court judge of a county where the forfeiture action may be brought demonstrating that probable cause exists for its forfeiture or that the property has been the subject of a previous final judgment of
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forfeiture in the courts of this state, any other state, or the United States. The court may order that the property be seized on such terms and conditions as are reasonable. In entering any such seizure order, the court shall determine that appropriate conditions are included to ensure the physical safety and well-being of any recipients or patients who may be affected by such warrant and that sufficient steps will be taken to ensure that patient medical records are kept confidential. The property owner or interest holder, within ten days of the seizure of property taken pursuant to a search warrant, may make a written demand to the court with notice to the prosecutor for a hearing to determine if probable cause still exists for the seized property to be subject to forfeiture pursuant to this Code section. Said hearing shall be held within 20 days of said demand unless continued by the court for good cause. (2) At the ex parte hearing for the issuance of a search warrant authorizing the seizure of property under paragraph (1) of this subsection, a reasonable estimate of the approximate fair market value of the property sought to be seized shall be presented to the court. Based upon such evidence, the court shall establish a bond amount for the release of any property ordered seized, not to exceed double the fair market value of that property. The property owner or interest holder may file in the clerk's office of the court where the forfeiture action is brought, a bond with good security, conditioned for the payment of the bond amount established by the court. The bond shall be subject to approval by the clerk of the court. Upon receipt of a bond deemed acceptable by the clerk, the court which ordered the seizure of the property shall issue an order to the persons having custody of the seized property to release such property to the property owner or interest holder filing such bond, unless the property is being held as evidence. If the seized property so released is ordered to be forfeited, the state shall be entitled to entry of judgment upon such bond against the principal and sureties therein, as judgment may be entered against securities upon appeal. If the property seized is released pursuant to this paragraph and is later otherwise required to be released under any other provision of this Code section, the principal and sureties upon any bond given for the release of such property under this paragraph shall also be released from their obligations under that bond. (h)(1) When property is seized pursuant to this article, the sheriff or law enforcement officer seizing the same shall report the fact of seizure, in writing, within 20 days thereof to the prosecutor of the judicial circuit having jurisdiction in the county where the seizure was made. (2) Within 30 days from the date of seizure, a complaint for forfeiture shall be initiated as provided for in subsection (n), (o), or (p) of this Code section. (3) If the state fails to initiate forfeiture proceedings against property seized for forfeiture by notice of pending forfeiture within the time limits specified in paragraphs (1) and (2) of this subsection, the property must be released on the request of an owner or interest holder, pending further proceedings pursuant to this Code section, unless the property is being held as evidence.
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(i)(1) Seizure of property by a law enforcement officer constitutes notice of such seizure to any person who was present at the time of seizure who may assert an interest in the property. (2) When property is seized pursuant to this article, the prosecutor or the sheriff or law enforcement officer seizing the same shall give notice of the seizure to any owner or interest holder who is not present at the time of seizure by personal service, publication, or the mailing of written notice:
(A) If the owner's or interest holder's name and current address are known, by either personal service or mailing a copy of the notice by certified mail or statutory overnight delivery to that address; (B) If the owner's or interest holder's name and address are required by law to be on record with a government agency to perfect an interest in the property but the owner's or interest holder's current address is not known, by mailing a copy of the notice by certified mail or statutory overnight delivery, return receipt requested, to any address on the record; or (C) If the owner's or interest holder's address is not known and is not on record as provided in subparagraph (B) of this paragraph or the owner's or interest holder's interest is not known, by publication in two consecutive issues of a newspaper of general circulation in the county in which the seizure occurs. (3) Notice of seizure must include a description of the property, the date and place of seizure, the conduct giving rise to forfeiture, and the violation of law alleged. (j) A prosecutor may file, without a filing fee, a lien for forfeiture of property upon the initiation of any civil proceeding under this article or upon seizure for forfeiture. The filing constitutes notice to any person claiming an interest in the property owned by the named person. The filing shall include the following: (1) The lien notice must set forth: (A) The name of the person and, in the discretion of the state, any alias and any corporations, partnerships, trusts, or other entities, including nominees, that are either owned entirely or in part or controlled by the person; and (B) The description of the property, the civil proceeding that has been brought under this article, the amount claimed by the state, the name of the court where the proceeding or action has been brought, and the case number of the proceeding or action if known at the time of filing; (2) A lien under this subsection applies to the described property and to one named person and to any aliases, fictitious names, or other names, including names of corporations, partnerships, trusts, or other entities, that are either owned entirely or in part or controlled by the named person and any interest in real property owned or controlled by the named person. A separate lien for forfeiture of property must be filed for any other person; (3) The lien creates, upon filing, a lien in favor of the state as it relates to the seized property or to the named person or related entities with respect to said property. The lien secures the amount of potential liability for civil judgment and, if applicable, the fair market value of seized property relating to all proceedings under this article
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enforcing the lien. The forfeiture lien referred to in this subsection must be filed in accordance with the provisions of the laws in this state pertaining to the type of property that is subject to the lien. The state may amend or release, in whole or in part, a lien filed under this subsection at any time by filing, without a filing fee, an amended lien in accordance with this subsection which identifies the lien amended. The state, as soon as practical after filing a lien, shall furnish to any person named in the lien a notice of the filing of the lien; (4) Upon entry of judgment in favor of the state, the state may proceed to execute on the lien as in the case of any other judgment; (5) A trustee, constructive or otherwise, who has notice that a lien for forfeiture of property, a notice of pending forfeiture, or a civil forfeiture proceeding has been filed against the property or against any person or entity for whom the person holds title or appears as the owner of record shall furnish, within ten days, to the prosecutor or the prosecutor's designee the following information:
(A) The name and address of the person or entity for whom the property is held; (B) The names and addresses of all beneficiaries for whose benefit legal title to the seized property, or property of the named person or related entity, is held; and (C) A copy of the applicable trust agreement or other instrument, if any, under which the trustee or other person holds legal title or appears as the owner of record of the property; and (6) A trustee, constructive or otherwise, who fails to comply with this subsection shall be guilty of a misdemeanor. (k) Property taken or detained under this Code section is not subject to replevin, conveyance, sequestration, or attachment. The seizing law enforcement agency or the prosecutor may authorize the release of the property if the forfeiture or retention is unnecessary or may transfer the action to another agency or prosecutor by discontinuing forfeiture proceedings in favor of forfeiture proceedings initiated by the other law enforcement agency or prosecutor. An action under this Code section may be consolidated with any other action or proceeding under this article relating to the same property on motion by an interest holder and must be so consolidated on motion by the prosecutor in either proceeding or action. The property is deemed to be in the custody of the State of Georgia subject only to the orders and decrees of the superior court having jurisdiction over the forfeiture proceedings. (l)(1) If property is seized under this article, the prosecutor may: (A) Remove the property to a place designated by the superior court having jurisdiction over the forfeiture proceeding; (B) Place the property under constructive seizure by posting notice of pending forfeiture, by giving notice of pending forfeiture to its owners and interest holders, or by filing notice of seizure in any appropriate public record relating to the property; (C) Remove the property to a storage area, within the jurisdiction of the court, for safekeeping or, if the property is a negotiable instrument or money and is not needed for evidentiary purposes, the prosecutor may authorize its being deposited in
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an interest-bearing account in a financial institution in this state. Any accrued interest shall follow the principal in any judgment with respect thereto; (D) Provide for another governmental agency, a receiver appointed by the court pursuant to Chapter 8 of Title 9, an owner, or an interest holder to take custody of the property and remove it to an appropriate location within the county where the property was seized; or (E) Require the sheriff or chief of police of the political subdivision where the property was seized to take custody of the property and remove it to an appropriate location for disposition in accordance with law. (2) If any property which has been attached or seized pursuant to this Code section is perishable or is liable to perish, waste, or be greatly reduced in value by keeping or if the expense of keeping the same is excessive or disproportionate to the value thereof, the court, upon motion of the state, a claimant, or the custodian, may order the property or any portion thereof to be sold upon such terms and conditions as may be prescribed by the court; and the proceeds shall be paid into the registry of the court pending final disposition of the action. (m) As soon as possible, but not more than 30 days after the seizure of property, the seizing law enforcement agency shall conduct an inventory and estimate the value of the property seized. All reasonable steps shall be taken so as not to interfere with or disrupt the provision of medical care by the provider when such inventory is conducted. Such inventory shall be conducted in a manner which assures the confidentiality of patient medical records. (n) If the estimated value of personal property seized is $25,000.00 or less, the prosecutor may elect to proceed under the provisions of this subsection in the following manner: (1) Notice of the seizure of such property shall be posted in a prominent location in the courthouse of the county in which the property was seized. Such notice shall include a description of the property, the date and place of seizure, the conduct giving rise to forfeiture, a statement that the owner of such property has 30 days within which a claim must be filed, and the violation of law alleged; (2) A copy of the notice, which shall include a statement that the owner of such property has 30 days within which a claim must be filed, shall be served upon an owner, interest holder, or person in possession of the property at the time of seizure as provided in subsection (i) of this Code section and shall be published for at least three successive weeks in a newspaper of general circulation in the county where the seizure was made; (3) The owner or interest holder may file a claim within 30 days after the second publication of the notice of forfeiture by sending the claim to the seizing law enforcement agency and to the prosecutor by certified mail or statutory overnight delivery, return receipt requested; (4) The claim must be signed by the owner or interest holder under penalty of perjury and must substantially set forth:
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(A) The caption of the proceedings as set forth on the notice of pending forfeiture and the name of the claimant; (B) The address at which the claimant will accept mail; (C) The nature and extent of the claimant's interest in the property; (D) The date, identity of the transferor, and circumstances of the claimant's acquisition of the interest in the property; (E) The specific provision of this Code section relied on in asserting that the property is not subject to forfeiture; and (F) The precise relief sought; (5) If a claim is filed, the prosecutor shall file a complaint for forfeiture as provided in subsection (o) or (p) of this Code section within 30 days of the actual receipt of the claim. A person who files a claim shall be joined as a party; and (6) If no claim is filed within 30 days after the second publication of the notice of forfeiture, all right, title, and interest in the property are forfeited to the state and the prosecutor shall dispose of the property as provided in subsection (u) of this Code section. (o) In rem proceedings. (1) In actions in rem, the property which is the subject of the action shall be named as the defendant. The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner required by the laws of this state. Such complaint shall describe the property with reasonable particularity; state that it is located within the county or will be located within the county during the pendency of the action; state its present custodian; state the name of the owner or interest holder, if known; allege the essential elements of the violation which is claimed to exist; state the place of seizure, if the property was seized; and conclude with a prayer of due process to enforce the forfeiture. (2) A copy of the complaint and summons shall be served on any person known to be an owner or interest holder and any person who is in possession of the property. (A) Service of the complaint and summons shall be as provided in subsections (a), (b), (c), and (e) of Code Section 9-11-4. (B) If real property is the subject of the action or the owner or interest holder is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceeding shall be published once a week for two successive weeks in the newspaper in which the sheriff's advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom, but shall not constitute notice to an interest holder unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself to avoid service. (C) If tangible property which has not been seized is the subject of the action, the court may order the sheriff or another law enforcement officer to take possession of the property. If the character or situation of the property is such that the taking of
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actual possession is impracticable, the sheriff shall execute process by affixing a copy of the complaint and summons to the property in a conspicuous place and by leaving another copy of the complaint and summons with the person having possession or such person's agent. In cases involving a vessel or aircraft, the sheriff or other law enforcement officer is authorized to make a written request with the appropriate governmental agency not to permit the departure of such vessel or aircraft until notified by the sheriff or the sheriff's deputy that the vessel or aircraft has been released. (3) An owner of or interest holder in the property may file an answer asserting a claim against the property in the action in rem. Any such answer shall be filed within 30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, an owner or interest holder shall file an answer within 30 days of the date of final publication. An answer must be verified by the owner or interest holder under penalty of perjury. In addition to complying with the general rules applicable to an answer in civil actions, the answer must substantially set forth: (A) The caption of the proceedings as set forth in the complaint and the name of the claimant; (B) The address at which the claimant will accept mail; (C) The nature and extent of the claimant's interest in the property; (D) The date, identity of transferor, and circumstances of the claimant's acquisition of the interest in the property; (E) The specific provision of this Code section relied on in asserting that the property is not subject to forfeiture; and (F) The precise relief sought. (4) If at the expiration of the period set forth in paragraph (3) of this subsection no answer has been filed, the court shall order the disposition of the seized property as provided for in this Code section. (5) If an answer is filed, a hearing must be held within 60 days after service of the complaint unless continued for good cause and must be held by the court with a jury unless waived by the claimant. (6) An action in rem may be brought by the state in addition to or in lieu of any other in rem or in personam action brought pursuant to this article. (p) In personam proceedings. (1) The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner required by the laws of this state. It shall describe with reasonable particularity the property which is sought to be forfeited; state its present custodian; state the name of the owner or interest holder, if known; allege the essential elements of the violation which is claimed to exist; state the place of seizure, if the property was seized; and conclude with a prayer of due process to enforce the forfeiture. (2) Service of the complaint and summons shall be as follows:
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(A) Except as otherwise provided in this subsection, service of the complaint and summons shall be as provided by subsections (a), (b), (c), and (d) of Code Section 9-11-4; and (B) If the defendant is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceedings shall be published once a week for two successive weeks in the newspaper in which the sheriff's advertisements are published. Such publication shall be deemed sufficient notice to any such defendant. (3) A defendant shall file a verified answer within 30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, a defendant shall file such answer within 30 days of the date of final publication. In addition to complying with the general rules applicable to an answer in civil actions, the answer must contain all of the elements set forth in paragraph (3) of subsection (o) of this Code section. (4) Any interest holder or person in possession of the property may join any action brought pursuant to this subsection as provided by Chapter 11 of Title 9, known as the 'Georgia Civil Practice Act.' (5) If at the expiration of the period set forth in paragraph (3) of this subsection no answer has been filed, the court shall order the disposition of the seized property as provided for in this Code section. (6) If an answer is filed, a hearing must be held within 60 days after service of the complaint unless continued for good cause and must be held by the court with a jury unless waived by the claimant. (7) On a determination of liability of a person for conduct giving rise to forfeiture under this Code section, the court must enter a judgment of forfeiture of the property described in the complaint and must also authorize the prosecutor or the prosecutor's agent or any law enforcement officer or peace officer to seize all property ordered to be forfeited which was not previously seized or was not then under seizure. Following the entry of an order declaring the property forfeited, the court, on application of the state, may enter any appropriate order to protect the interest of the state in the property ordered to be forfeited. (q) In conjunction with any civil action brought pursuant to this article: (1) The court, on application of the prosecutor, may enter any restraining order or injunction; require the execution of satisfactory performance bonds; appoint receivers, conservators, appraisers, accountants, or trustees; or take any action to seize, secure, maintain, or preserve the availability of property subject to forfeiture under this article, including issuing a warrant for its seizure and writ of attachment, whether before or after the filing of a complaint for forfeiture; (2) A temporary restraining order under this Code section may be entered on application of the prosecutor, without notice or an opportunity for a hearing, if the prosecutor demonstrates that:
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(A) There is probable cause to believe that the property with respect to which the order is sought, in the event of final judgment or conviction, would be subject to forfeiture under this article; and (B) Provision of notice would jeopardize the availability of the property for forfeiture; (3) Notice of the entry of a restraining order and an opportunity for a hearing must be afforded to persons known to have an interest in the property. The hearing must be held at the earliest possible date consistent with the date set in subsection (b) of Code Section 9-11-65 and is limited to the issues of whether: (A) There is a probability that the state will prevail on the issue of forfeiture and that failure to enter the order will result in the property's being destroyed, conveyed, encumbered, removed from the jurisdiction of the court, concealed, or otherwise made unavailable for forfeiture; and (B) The need to preserve the availability of property through the entry of the requested order outweighs the hardship on any owner or interest holder against whom the order is to be entered; (4) If property is seized for forfeiture or a forfeiture lien is filed without a previous judicial determination of probable cause or order of forfeiture or a hearing under paragraph (2) of this subsection, the court, on an application filed by an owner of or interest holder in the property within 30 days after notice of its seizure or lien or actual knowledge of such seizure or lien, whichever is earlier, and complying with the requirements for an answer to an in rem complaint, and after five days' notice to the prosecutor of the judicial circuit where the property was seized or, in the case of a forfeiture lien, to the prosecutor filing such lien, may issue an order to show cause to the seizing law enforcement agency for a hearing on the sole issue of whether probable cause for forfeiture of the property then exists. The hearing must be held within 30 days unless continued for good cause on motion of either party. If the court finds that there is no probable cause for forfeiture of the property, the property must be released pending the outcome of a judicial proceeding which may be filed pursuant to this Code section; and (5) The court may order property that has been seized for forfeiture to be sold to satisfy a specified interest of any interest holder, on motion of any party, and after notice and a hearing, on the conditions that: (A) The interest holder has filed a proper claim and:
(i) Is authorized to do business in this state and is under the jurisdiction of a governmental agency of this state or of the United States which regulates financial institutions, securities, insurance, or real estate; or (ii) Has an interest that the prosecutor has stipulated is exempt from forfeiture; (B) The interest holder must dispose of the property by commercially reasonable public sale and apply the proceeds first to its interest and then to its reasonable expenses incurred in connection with the sale or disposal; and
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(C) The balance of the proceeds, if any, must be returned to the actual or constructive custody of the court, in an interest-bearing account, subject to further proceedings under this Code section. (r) An acquittal or a dismissal or a conviction in any criminal proceeding, either by a verdict or a plea of guilty or nolo contendere, shall be admissible in evidence in any proceeding pursuant to this Code section. (s) In hearings and determinations pursuant to this Code section: (1) The court may receive and consider, in making any determination of probable cause or reasonable cause, all evidence admissible in determining probable cause at a preliminary hearing or by a magistrate pursuant to Article 1 of Chapter 5 of Title 17, together with inferences therefrom; and (2) The fact that the state has established probable cause to believe that a person has engaged in conduct giving rise to forfeiture or that the property was acquired by a person during a period of the conduct giving rise to forfeiture or within a reasonable time thereafter shall not give rise to any presumption, rebuttable or otherwise, that the property is subject to forfeiture. The state shall, at all times, have the burden to prove, by a preponderance of the evidence, that the property is subject to forfeiture under this Code section. (t)(1) All property declared to be forfeited under this Code section vests in this state at the time of commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Any property or proceeds transferred later to any person remain subject to forfeiture and thereafter must be ordered to be forfeited unless the transferee claims and establishes in a hearing under this Code section that the transferee is a bona fide purchaser for value and the transferee's interest is exempt under subsection (e) of this Code section. (2) On entry of judgment for a person claiming an interest in the property that is subject to proceedings to forfeit property under this Code section, the court shall order that the property or interest in property be released or delivered promptly to that person free of liens and encumbrances, as provided under this article. (3) The court is authorized to order a claimant who files a frivolous claim to pay the reasonable costs relating to the disproving of the claim which were incurred by the state, including costs for investigation, prosecution, and attorney's fees. (u)(1) The court may, after judgment of forfeiture, make any of the following orders for disposition of the property: (A) Judicial sale of the property; (B) Retention of the property by any party having a property interest therein, as such interest is described in subsection (e) of this Code section, upon payment or approval of a plan for payment into court of the value of any forfeited interest in the property. The plan may include, in the case of a party having such a property interest who holds a lien on or security interest in the property, the sale of the property by any such party under such terms and conditions as may be prescribed by the court and the payment into court of any proceeds from such sale over and above the amount necessary to satisfy the lien or security interest; or
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(C) Destruction of any contraband, the possession of which is illegal. (2) The proceeds from any judicial sale or payments from a party having a property interest as described in paragraph (1) of this subsection shall be delivered to the Department of Community Health. The proceeds shall then be disbursed in accordance with the requirements of federal law. (v) An acquittal or dismissal in a criminal proceeding does not preclude civil proceedings under this article, provided that no property shall be forfeited after an acquittal or dismissal in a criminal proceeding unless the state obtains a civil judgment for forfeiture under this article. (w) For good cause shown, the court may stay civil forfeiture proceedings during the criminal trial resulting from a related indictment or information alleging a violation of this article. (x)(1) The court shall order the forfeiture of any property of a claimant or defendant up to the value of property found by the court to be subject to forfeiture under the provisions of this Code section if any of the forfeited property:
(A) Cannot be located; (B) Has been transferred or conveyed to, sold to, or deposited with a third party; (C) Is beyond the jurisdiction of the court; (D) Has been substantially diminished in value while not in the actual physical custody of the receiver or governmental agency directed to maintain custody of the property; or (E) Has been commingled with other property that cannot be divided without difficulty. (2) In addition to any other remedy provided for by law, a prosecutor on behalf of the state may institute an action in any court of this state or of the United States or any of the several states against any person acting with knowledge or any person to whom notice of a lien for forfeiture of property has been provided in accordance with subsection (j) of this Code section; to whom notice of seizure has been provided in accordance with subsection (i) of this Code section; or to whom notice of a civil proceeding alleging conduct giving rise to forfeiture under this Code section has been provided, if property subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of a forfeiture lien notice or notice of seizure or after the filing and notice of a civil proceeding alleging conduct giving rise to forfeiture under this Code section, as the case may be. The state may recover judgment in an amount equal to the value of the lien but not to exceed the fair market value of the property or, if there is no lien, in an amount not to exceed the fair market value of the property, together with reasonable investigative expenses and attorney's fees. If a civil proceeding is pending, the action must be heard by the court in which the civil proceeding is pending. (3) A prosecutor may file and prosecute in any of the courts of this state or of the United States or of any of the several states such civil actions as may be necessary to enforce any judgment rendered pursuant to this Code section.
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(4) No person claiming an interest in property subject to forfeiture under this article may commence or maintain any action against the state concerning the validity of the alleged interest other than as provided in this Code section. Except as specifically authorized by this Code section, no person claiming an interest in such property may file any counterclaim or cross-claim to any action brought pursuant to this Code section. (5) A civil action under this article must be commenced within five years after the last conduct giving rise to forfeiture or to the claim for relief became known or should have become known, excluding any time during which either the property or defendant is out of the state or in confinement or during which criminal proceedings relating to the same conduct are in progress. (y) In the event the state fails to prove that the property is subject to forfeiture under this Code section, the property may still be subject to lien, levy, and other processes in order to satisfy any judgment which orders the payment of restitution based upon a conviction or judgment of Medicaid fraud. (z) This Code section must be liberally construed to effectuate its remedial purposes."
SECTION 3-30. Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended by revising Code Section 52-7-7.3, relating to seizure of vessels without hull identification numbers, seizure of related property, and inspections, as follows:
"52-7-7.3. (a) If the hull identification number on a vessel required by Code Section 52-7-7.1 or 52-7-7.2 to have a hull identification number does not exist or has been altered, removed, destroyed, covered, or defaced or the real identity of the vessel cannot be determined, the vessel, and any items used while towing said such vessel, may be seized as contraband property by a law enforcement agency or the department and shall be subject to forfeiture in accordance with the procedures set forth in Chapter 16 of Title 9. (b) A vessel described in subsection (a) of this Code section Such vessel shall not be sold or operated on the waters of the state unless the department:
(1) Receives a request from a law enforcement agency providing adequate documentation for a replacement hull identification number; or (2) Is directed by written order of a court of competent jurisdiction to issue to the vessel a replacement hull identification number. Thereafter, the replacement HIN shall be used for identification purposes. No vessel shall be forfeited if the owner was unaware the vessel's HIN had been altered, removed, destroyed, covered, or defaced. (b)(c) The failure to have the hull identification number clearly displayed in compliance with this article shall be probable cause for any law enforcement officer to make further inspection of the vessel in question to ascertain the true identity thereof.
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(d) Prior to the vessel being sold or returned to the owner or otherwise disposed of, the department shall assign it a new hull identification number in accordance with federal law."
SECTION 3-31. Said title is further amended by revising Code Section 52-7-7.4, relating to property not subject to replevin, as follows:
"52-7-7.4. Reserved. (a) Property subject to forfeiture under Code Section 52-7-7.3 and in the possession of any state or local law enforcement agency shall not be subject to replevin but shall be deemed to be in the custody of the superior court of the county wherein the property is located subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. (b) The law enforcement agency having possession of any property subject to forfeiture under Code Section 52-7-7.3 shall report such fact within ten days of taking possession to the district attorney of the judicial circuit having jurisdiction in the county where the property is located. Within 30 days from the date he or she receives such notice, the district attorney of the judicial circuit shall file in the superior court of the county in which the property is located an action for condemnation of the property. The proceedings shall be brought in the name of the state, and the action shall be verified by a duly authorized agent of the state in the manner required by law. The action shall describe the property, state its location, state its present custodian, state the name of the owner, if known, state the duly authorized agent of the state, allege the essential elements which are claimed to exist, and shall conclude with a prayer of due process to enforce the forfeiture. Upon the filing of such an action, the court shall promptly cause process to issue to the present custodian in possession of the property described in the action, commanding him or her to seize the property described in the action and to hold that property for further order of the court. A copy of the action shall be served on the owner, if known. If the owner is known, a copy of the action shall also be served upon any person having a duly recorded security interest in or lien upon that property. If the owner is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom but shall not constitute notice to any person having a duly recorded security interest in or lien upon such property and required to be served under this Code section unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself to avoid service. At the expiration of 30 days after such filing, if no claimant has appeared to defend the action, the court shall order the disposition of the seized property as provided for in this
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Code section. If the owner of the vessel appears and defends the action and can show that he or she was unaware of the fact that the hull identification number had been removed, altered, defaced, falsified, or destroyed, the court shall order the property returned to the owner upon the owner's paying proper expenses relating to proceedings for forfeiture, including the expenses of the maintenance of custody, advertising, and court costs and upon the vessel being assigned a new hull identification number as provided in this article. (c) Except as otherwise provided in this article, when property is forfeited under this article, the court may:
(1) Order that the vessel be retained by the law enforcement agency or the county in which the vessel is located; or (2) Order that the vessel be disposed of by sale, the proceeds of which shall be used to pay the proper expenses relating to the proceedings for forfeiture, including the expenses of maintenance of custody, advertising, and court costs, with the remaining funds to be paid into the general fund of the county. (d) Prior to the vessel being sold or returned to the owner or otherwise disposed of, the department shall assign it a new hull identification number in accordance with federal law."
SECTION 3-32. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "fines and forfeitures" wherever such term occurs with "fines and bond forfeitures": (1) Code Section 15-21-2, relating to payment into county treasury of fines and forfeitures; (2) Code Section 15-21-3, relating to maintenance of moneys from fines and forfeitures in county treasury; (3) Code Section 15-21-4, relating to distribution of fines and forfeitures generally; (4) Code Section 15-21-5, relating to procedure for filing and payment of claims of officers of court where defendant acquitted or person liable for payment of costs is insolvent; (5) Code Section 15-21-7, relating to the report by county treasurer to grand jury as to fines and forfeitures received and disbursed; (6) Code Section 15-21-8, relating to applicability and effect of Code Sections 15-21-2 through 15-21-7; (7) Code Section 15-21-9, relating to lien of officers for payment of insolvent costs; (8) Code Section 15-21-13, relating to priority of payment of claims for fees of solicitors of city courts, sheriffs, clerks, and district attorneys; (9) Code Section 15-21-56, relating to proceedings by persons claiming interest in fine and forfeiture fund; (10) Code Section 15-21-57, relating to effect of article upon duty of prosecution officers and county treasurers relating to account for fines and forfeitures;
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(11) Code Section 15-21-58, relating to effect of article upon Acts pertaining to courts in particular counties or cities; (12) Code Section 27-1-14, relating to disposition of fines and forfeitures; (13) Code Section 36-30-9, relating to compensation of law enforcement officers; (14) Code Section 36-31-8, relating to transition periods for governmental functions; (15) Code Section 36-32-6, relating to relating to jurisdiction in marijuana possession cases; (16) Code Section 36-32-7, relating to jurisdiction in cases of operating a motor vehicle without effective insurance; (17) Code Section 36-32-8, relating to jurisdiction of cases of operating a motor vehicle without emission inspection; (18) Code Section 36-32-9, relating to jurisdiction of cases of shoplifting; (19) Code Section 36-32-10, relating to jurisdiction of cases of furnishing alcoholic beverages to and purchase and possession of alcoholic beverages by underage persons; (20) Code Section 36-32-10.1, relating to jurisdiction in counties without state court to try violations of Code Section 16-7-21; (21) Code Section 36-35-6, relating to limitation on home rule powers; (22) Code Section 38-2-464, relating to payment of fines; (23) Code Section 40-5-124, relating to jurisdiction of offenses; (24) Code Section 40-13-22, relating to jurisdiction over offenses under Code Section 40-2-8; (25) Code Section 40-16-7, relating to budget of the Department of Driver Services; and (26) Code Section 42-9-45, relating to general rule-making power of the State Board of Pardons and Paroles.
SECTION 3-33. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "fine and forfeitures fund", "fines and forfeitures fund", and "fine and forfeiture fund" wherever such terms occur with "fine and bond forfeiture fund": (1) Code Section 4-3-8, relating to return and disposition of proceeds of sale; (2) Code Section 15-21-5, relating to procedure for filing and payment of claims of officers of court where defendant acquitted or person liable for payment of costs is insolvent; (3) Code Section 15-21-50, relating to limitation period for claims against fine and forfeiture fund; (4) Code Section 15-21-51, relating to the procedure for extension of limitation period; (5) Code Section 15-21-52, relating to payment into county treasury of funds received as part of fine and forfeiture fund; (6) Code Section 15-21-54, relating to creation of claim for benefit of county against fine and forfeiture fund; (7) Code Section 15-21-55, relating to disposition of funds remaining after claims against fine and forfeiture fund paid or barred by limitation;
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(8) Code Section 15-21-56, relating to proceedings by persons claiming interest in fine and forfeiture fund; (9) Code Section 24-13-132, relating to appointment of counsel and payment of costs and expenses; (10) Code Section 36-15-9, relating to collection of additional costs in court cases; and (11) Code Section 40-16-7, relating to budget of the Department of Driver Services.
PART IV EFFECTIVE DATE, APPLICABILITY, AND REPEALER
SECTION 4-1.
This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure.
SECTION 4-2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison E Anderson Y Atwood Y Ballinger Y Barr E Battles E Beasley-Teague Y Bell Y Belton E Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon E Dukes Y Dunahoo E Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans Y Fleming
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard E Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan
Kaiser Y Kelley
Y Meadows Y Mitchell E Morris
Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall
Y Smith, E Y Smith, L Y Smith, M Y Smith, R E Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites
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E Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Floyd Y Fludd Y Frazier E Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra E Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Watson Y Welch E Weldon Y Werkheiser 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 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 340. By Representatives Petrea of the 166th, Stephens of the 164th, Hitchens of the 161st, Bryant of the 162nd and Gordon of the 163rd:
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 change certain provisions relating to such sales on Sunday during the St. Patrick's Day holiday period; 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 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 change certain provisions relating to such sales on Sunday during the St. Patrick's Day holiday period; 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 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, is amended by revising subsection (r) as follows:
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"(r) Notwithstanding any other provisions of law, in all counties or municipalities in which the sale of alcoholic beverages is lawful for consumption on the premises, the governing authority of the county or municipality, as appropriate, may by adoption of a resolution or ordinance authorize the sale of alcoholic beverages for consumption on the premises from 12:30 P.M. until 12:00 Midnight on any Sunday which occurs during the St. Patrick's Day holiday period. Any sales for consumption on the premises made pursuant to this subsection shall be subject to such terms and conditions as may be required by the governing authority of the county or municipality. As used in this subsection, the term 'St. Patrick's Day holiday period' means March 16 through March 18 of each year an annual period of consecutive calendar days, not exceeding five days, which shall include March 17 as part of such period, as specified in a resolution or ordinance adopted pursuant to this subsection."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
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 340.
The report of the Committee, which was favorable to the passage of the Bill, 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 E Anderson Y Atwood Y Ballinger Y Barr E Battles E Beasley-Teague Y Bell Y Belton E Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway
N Coomer Y Cooper N Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon E Dukes Y Dunahoo E Duncan Y Ealum Y Efstration
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes N Houston Y Howard E Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Y Meadows Y Mitchell E Morris
Mosby N Nimmer N Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett
Y Smith, E Y Smith, L Y Smith, M Y Smith, R E Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Stovall Y Stover Y Strickland Y Tankersley N Tanner Y Tarvin N Taylor, D Y Taylor, T Y Teasley
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Y Brooks Y Bruce Y Bryant Y Buckner N Burns E Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler
Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Ehrhart N England Y Epps E Evans Y Fleming Y Floyd Y Fludd Y Frazier E Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd N Kirby Y Knight N LaRiccia Y Lumsden Y Mabra E Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson
Welch E Weldon Y Werkheiser 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 140, nays 13.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 394. By Representatives Cooper of the 43rd, Clark of the 101st, Hatchett of the 150th, Smith of the 134th, Rynders of the 152nd and others:
A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to revise various provisions relating to the licensure of registered professional nurses and licensed practical nurses; to revise provisions relating to the powers and duties of the Georgia Board of Nursing; to provide for acceptance of nursing education programs located outside the United States; to provide for a time period for applicants who do not pass the licensing examination; to revise provisions relating to renewal of licensure; 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
E Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Y Meadows Y Mitchell E Morris
Mosby Y Nimmer
Y Smith, E Y Smith, L Y Smith, M Y Smith, R E Smyre
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Y Ballinger Y Barr E Battles E Beasley-Teague Y Bell Y Belton E Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns E Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon E Dukes Y Dunahoo E Duncan Y Ealum Y Efstration
Ehrhart Y England Y Epps E Evans Y Fleming Y Floyd Y Fludd Y Frazier E Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard
Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra E Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D
Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch E Weldon Y Werkheiser 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 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 99. By Representatives Lumsden of the 12th, Caldwell of the 131st, Willard of the 51st, Powell of the 171st, Quick of the 117th and others:
A BILL to be entitled an Act to amend Article 8 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to joint tenancy with survivorship, so as to provide for tenancy in common when joint tenants divorce or have their marriage annulled, under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
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To amend Article 8 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to joint tenancy with survivorship, so as to provide a procedure for tenancy in common when joint tenants divorce or have their marriage annulled, 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 8 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to joint tenancy with survivorship, is amended by revising Code Section 44-6-190, relating to creating joint tenancy with right of survivorship and severance, as follows:
"44-6-190. (a)(1) Deeds and other instruments of title, including any instrument in which one person conveys to himself or herself and one or more other persons, any instrument in which two or more persons convey to themselves or to themselves and another or others, and wills, taking effect after January 1, 1977, may create a joint interest with survivorship in two or more persons. (2) Any instrument of title in favor of two or more persons shall be construed to create interests in common without survivorship between or among the owners unless the instrument expressly refers to the takers as 'joint tenants,' 'joint tenants and not as tenants in common,' or 'joint tenants with survivorship' or as taking 'jointly with survivorship.' (3) Any instrument of title using one of the forms of expression referred to in the preceding sentence paragraph (2) of this subsection or language essentially the same as one of these forms of expression shall create a joint tenancy estate or interest that may be severed as to the interest of any owner by the recording of an instrument which results in his or her lifetime transfer of all or a part of his or her interest; provided, however, that, if all persons owning joint tenant interests in a property join in the same recorded lifetime transfer, no severance shall occur. (4) Unless the joint tenancy with the right of survivorship is otherwise disposed of in a final order of divorce or annulment, if either party to an instrument of title creating a joint tenancy with the right of survivorship files an affidavit in the real property records maintained by the clerk of superior court of the county in which the real property is located averring that the parties have been lawfully divorced or their marriage has been annulled and attaches a copy of the final order of divorce or annulment and a legal description of the property, the party's interests shall be converted into tenants in common.
(b) Neither this Code section nor Code Section 44-6-120 shall be: (1) Be construed to repeal, modify, or limit in any way either: (A) Code Section 14-5-8, relative to joint tenancy of shares and securities of corporations,; or
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(B) Article 8 of Chapter 1 of Title 7, relative to multiple-party accounts in financial institutions, or any other law relative to multiple-party accounts in financial institutions. Neither this Code section nor Code Section 44-6-120 shall apply; or (2) Apply to any document, transaction, or right to which Code Section 14-5-8 applies or to multiple-party deposit accounts in any financial institution."
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 E Battles E Beasley-Teague Y Bell Y Belton E Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns E Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas
Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon E Dukes Y Dunahoo E Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans Y Fleming Y Floyd Y Fludd Y Frazier E Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra E Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain
Y Meadows Y Mitchell E Morris
Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch E Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
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On the passage of the Bill, by substitute, the ayes were 155, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 185. By Representatives Shaw of the 176th, Efstration of the 104th, Taylor of the 173rd, Smith of the 134th, Williamson of the 115th and others:
A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to extensively revise the "Standard Valuation Law"; 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 E Battles E Beasley-Teague Y Bell Y Belton E Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns E Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon E Dukes Y Dunahoo E Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans Y Fleming Y Floyd Y Fludd Y Frazier E Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs
Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra E Marin Y Martin Y Maxwell E Mayo
Y Meadows Y Mitchell E Morris
Mosby Y Nimmer Y Nix Y Oliver Y O'Neal N Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch E Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
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Y Coleman E Cooke
Y Greene Y Hamilton
Y McCall Y McClain
Y Shaw Y Sims
Y Yates Ralston, Speaker
On the passage of the Bill, the ayes were 155, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 234. By Representatives Rutledge of the 109th, Powell of the 171st, Duncan of the 26th, Pak of the 108th, Strickland of the 111th and others:
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 administration and enforcement of tax collection, so as to include days on which the Federal Reserve Bank is closed in the list of days that excuse late filing or payment; 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 E Battles E Beasley-Teague Y Bell Y Belton E Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns E Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon E Dukes Y Dunahoo E Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans Y Fleming Y Floyd Y Fludd Y Frazier E Frye Y Gardner
Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia
Y Meadows Y Mitchell E Morris
Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, 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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch E Weldon Y Werkheiser Y Wilkerson
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E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Lumsden Y Mabra E Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain
Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 51. By Representatives Benton of the 31st, Stephens of the 164th and Werkheiser of the 157th:
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 following Committee substitute was read and adopted:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, is amended by revising Code Section 48-4-40, relating to persons entitled to redeem land sold under tax execution, as follows:
"48-4-40. Whenever any real property is sold under or by virtue of an execution issued for the collection of state, county, municipal, or school taxes or for special assessments, the defendant in fi. fa. or any person having any right, title, or interest in or lien upon such property may redeem the property from the sale by the payment of the redemption price or the amount required for redemption, as fixed and provided in Code Section 48-4-42:
(1) At any time within 12 months from the date of the sale; and
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(2) At any time after the sale until the right to redeem is foreclosed by the giving of the notice provided for in Code Section 48-4-45."
SECTION 2. Said article is further amended by revising Code Section 48-4-42, relating to the amount payable for redemption, as follows:
"48-4-42. (a) The amount required to be paid for redemption of property from any sale for taxes as provided in this chapter, or the redemption price, shall with respect to any sale made after July 1, 2002, be the amount paid for the property at the tax sale, as shown by the recitals in the tax deed, plus: any
(1) Any taxes paid on the property by the purchaser after the sale for taxes, plus any; (2) Any special assessments on the property, plus a; and (3) A premium of 20 percent of the amount for the first year or fraction of a year which has elapsed between the date of the sale and the date on which the redemption payment is made and 10 percent for each year or fraction of a year thereafter. (b) If redemption is not made until more than 30 days after the notice provided for in Code Section 48-4-45 has been given, there shall be added to the redemption price sums set forth in subsection (a) of this Code section the sheriff's cost in connection with serving the notice and the cost of publication of the notice, if any. (c) With respect to any sale made after July 1, 2015, there shall be added to the sums set forth in subsections (a) and (b) of this Code section any sums: (1) Paid from the date of the tax sale to the date of redemption to a property owners' association, as defined in Code Section 44-3-221, in accordance with Code Section 44-3-232; (2) Paid to a condominium association, as defined in Code Section 44-3-71, in accordance with Code Section 44-3-109; or (3) Paid to a homeowners' association established by covenants restricting land to certain uses related to planned residential subdivisions. (d) All of the amounts required to be paid by this Code section shall be paid in lawful money of the United States to the purchaser at the tax sale or to the purchaser's successors."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
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Y Abrams Y Alexander
Allison E Anderson Y Atwood Y Ballinger Y Barr E Battles E Beasley-Teague Y Bell Y Belton E Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns E Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman E Cooke
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon E Dukes Y Dunahoo E Duncan Y Ealum Y Efstration
Ehrhart Y England
Epps E Evans Y Fleming Y Floyd Y Fludd Y Frazier E Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra E Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain
Y Meadows Y Mitchell E Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sims
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley
Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch E Weldon Y Werkheiser 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.
HB 197. By Representatives Jacobs of the 80th, Willard of the 51st, Fleming of the 121st, Evans of the 42nd, Welch of the 110th and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 9, Title 11, and Chapter 2 of Title 18 of the O.C.G.A., relating to verdict and judgment, the commercial code, and debtor and creditor relations; to repeal the "Georgia Foreign Money Judgments Recognition Act" and enact the "Uniform Foreign-Country Money Judgments Recognition Act"; to amend Titles 7, 10, 40, and 52 of the O.C.G.A., relating to banking and finance, commerce and
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trade, motor vehicles and traffic, and waters of the state, ports, and watercraft; to amend Article 3 of Chapter 3 of Title 9 and Code Section 1714-17 of the O.C.G.A., relating to limitations on recovery for deficiencies connected with improvements to realty and resulting injuries and fraudulent transfers; 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 12 of Title 9, Title 11, and Chapter 2 of Title 18 of the Official Code of Georgia Annotated, relating to verdict and judgment, the commercial code, and debtor and creditor relations, respectively, so as to change provisions in uniform Acts relating to debts and other obligations; to repeal the "Georgia Foreign Money Judgments Recognition Act" and enact the "Uniform Foreign-Country Money Judgments Recognition Act"; to provide for definitions; to provide for applicability; to provide for standards for recognition of foreign-country judgments; to provide for jurisdiction; to provide for procedure; to provide for the effect of recognition of foreign-country judgments; to provide for a stay of proceedings pending an appeal; to provide for uniformity; to provide for situations not covered by the "Uniform Foreign-Country Money Judgments Recognition Act"; to update and modernize various statutes in the commercial code relating to commercial transactions in order to maintain uniformity in this state's statutes governing commercial transactions as recommended by the National Conference of Commissioners on Uniform State Laws; to revise, add, and move defined terms; to reorganize Article 1, relating to general provisions, of the "Uniform Commercial Code"; to make conforming amendments to other articles of the "Uniform Commercial Code" to provide for accurate cross-references to the revised "Uniform Commercial Code"; to amend Titles 7, 10, 40, and 52 of the Official Code of Georgia Annotated, relating to banking and finance, commerce and trade, motor vehicles and traffic, and waters of the state, ports, and watercraft, respectively, so as to make conforming cross-references to the revised "Uniform Commercial Code"; to revise the "Uniform Fraudulent Transfers Act" and enact the "Uniform Voidable Transactions Act"; to reform terminology and revise and add definitions; to provide the allocation of the burden of proof and define the standard of proof with respect to claims and defenses; to provide for governing law; to provide for the application to a series organization; to provide for uniformity of application and construction; to amend Article 3 of Chapter 3 of Title 9 and Code Section 17-14-17 of the Official Code of Georgia Annotated, relating to limitations on recovery for deficiencies connected with improvements to realty and resulting injuries and fraudulent transfers, respectively, so as to correct cross-references to the "Uniform Voidable Transactions Act"; to amend Article 6 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to the "Uniform Enforcement of
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Foreign Judgments Law," so as to provide for applicability of certain provisions in Chapter 11 of Title 9, the "Georgia Civil Practice Act"; to provide for a short title; to provide for legislative intent; 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:
PART I SHORT TITLE SECTION 1-1.
(a) This Act shall be known and may be cited as the "Debtor-Creditor Uniform Law Modernization Act of 2015." (b) It is the intent of the General Assembly to modernize certain existing uniform laws in the debtor-creditor arena and to adapt the most correct version promulgated by the National Conference of Commissioners on Uniform State Laws, known as the Uniform Law Commission.
PART II "UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT"
SECTION 2-1.
Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to verdict and judgment, is amended by revising Article 5, relating to the "Georgia Foreign Money Judgments Recognition Act," as follows:
"ARTICLE 5
9-12-110. This article shall be known and may be cited as the 'Uniform Foreign-Country Georgia Foreign Money Judgments Recognition Act.'
9-12-111. As used in this article, the term:
(1) 'Foreign country' means a government other than: (A) The United States; (B) Any state, district, commonwealth, territory, or insular possession of the United States; or (C) Any other government with regard to which the decision in this state as to whether to recognize a judgment of such government's court is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution.
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(1)(2) 'Foreign-country judgment' 'Foreign judgment' means any judgment of a foreign state granting or denying recovery of a sum of money other than a judgment for taxes, a fine or other penalty, or a judgment for support in matrimonial or family matters court of a foreign country. (2) 'Foreign state' means any governmental unit other than:
(A) The United States; (B) Any state, district, commonwealth, territory, or insular possession of the United States; or (C) The Trust Territory of the Pacific Islands.
9-12-112. (a) Except as otherwise provided in subsection (b) of this Code section, this This article applies to any foreign foreign-country judgment to the extent that such judgment:
(1) Grants or denies recovery of a sum of money; and (2) Under the law of the foreign country where rendered, is final, conclusive, and enforceable where rendered even though an appeal therefrom is pending or it is subject to appeal. (b) This article shall not apply to a foreign-country judgment, even if such judgment grants or denies recovery of a sum of money, to the extent that such judgment is: (1) A judgment for taxes; (2) A fine or other penalty; or (3) A judgment for divorce, support, or maintenance, or any other judgment rendered in connection with domestic relations. (c) A party seeking recognition of a foreign-country judgment has the burden of establishing that this article applies to such foreign-country judgment.
9-12-113. (a) Except as otherwise provided in Code Sections 9-12-114 and 9-12-115, a foreign subsections (b) and (c) of this Code section, a court of this state shall recognize a foreign-country judgment meeting the requirements of Code Section 9-12-112 is conclusive between the parties to the extent that it grants or denies recovery of a sum of money. The foreign judgment is enforceable in the same manner as the judgment of a sister state which is entitled to full faith and credit.
9-12-114. (b) A court of this state shall not recognize a foreign-country judgment A foreign judgment shall not be recognized if:
(1) The judgment was rendered under a judicial system which that does not provide impartial tribunals or procedures compatible with the requirements of due process of law; (2) The foreign court did not have personal jurisdiction over the defendant; or (3) The foreign court did not have jurisdiction over the subject matter;. (c) A court of this state may not recognize a foreign-country judgment if:
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(4)(1) The defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable him the defendant to defend; (5)(2) The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case; (6)(3) The judgment or cause of action on which the judgment is based is repugnant to the public policy of this state or of the United States; (7)(4) The judgment conflicts with another final and conclusive judgment; (8)(5) The proceedings in the foreign court were contrary to an agreement between the parties under which the dispute in question was to be settled determined otherwise than by proceedings in that such foreign court; (9)(6) In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action; or (10) The party seeking to enforce the judgment fails to demonstrate that judgments of courts of the United States and of states thereof of the same type and based on substantially similar jurisdictional grounds are recognized and enforced in the courts of the foreign state. (7) The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to such judgment; or (8) The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law. (d) A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (b) or (c) of this Code section exists.
9-12-115. 9-12-114. (a) A foreign foreign-country judgment shall not be refused recognition for lack of personal jurisdiction if:
(1) The defendant was served personally in the foreign state country; (2) The defendant voluntarily appeared in the proceedings other than for the purpose of protecting property seized or threatened with seizure in the proceedings or of contesting the jurisdiction of the court over him the defendant; (3) Prior to the commencement of the proceedings, the defendant had agreed expressly in writing to submit to the jurisdiction of the foreign court, with respect to the subject matter involved in such proceedings, in an action by the party seeking to enforce the judgment; (4) The defendant was domiciled in the foreign state country when the proceedings were instituted or, being a body corporate, then was a corporation or other form of business organization that had its principal place of business in or was incorporated in organized under the laws of the foreign state country; (5) The defendant had a business office in the foreign state country and the proceedings in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign state; provided, however, that a business office in the foreign state which it maintained for the transaction of
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business by a subsidiary corporation of the defendant but which is not held out as a business office of the defendant shall not be deemed to be a business office of the defendant country; or (6) The defendant operated a motor vehicle or airplane in the foreign state country and the proceedings involved a cause of action arising out of such operation. (b) The courts of this state may recognize other bases of personal jurisdiction; provided, however, that if the proceedings in the foreign court involved a cause of action arising out of business activities in the foreign state, the judgment shall not be recognized unless there is a basis for personal jurisdiction as specified other than those listed in subsection (a) of this Code section.
9-12-115. (a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of such foreign-country judgment. (b) If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or third-party claim. (c) Chapter 11 of this title shall apply to any claim, counterclaim, cross-claim, or thirdparty claim for recognition of a foreign-country judgment. 9-12-116. If the court in a proceeding under Code Section 9-12-115 finds that the foreign-country judgment is entitled to recognition under this article then, to the extent that the foreigncountry judgment grants or denies recovery of a sum of money, the foreign-country judgment is:
(1) Conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this state would be conclusive; and (2) Enforceable in the same manner and to the same extent as a judgment rendered in this state.
9-12-116. 9-12-117. If the defendant satisfies the court either a party establishes that an appeal from a foreign-country judgment is pending or that he is entitled and intends to appeal from the foreign judgment will be taken, the court may stay the proceedings with regard to the foreign-country judgment until the time for appeal expires or the appellant has had sufficient time been determined or until the expiration of a period of time sufficient to enable the defendant to prosecute the appeal and has failed to do so.
9-12-118. In applying and construing this article, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the 'Uniform Foreign-Country Money Judgments Recognition Act.'
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9-12-117. 9-12-119. This article does not prevent the recognition under principles of comity or otherwise of a foreign foreign-country judgment in situations not covered by not within the scope of this article."
PART IIIA NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS RECOMMENDED CHANGES TO THE COMMERCIAL CODE
SECTION 3A-1.
Title 11 of the Official Code of Georgia Annotated, relating to the commercial code, is amended by revising Article 1, relating to general provisions, as follows:
"ARTICLE 1 GENERAL PROVISIONS
Part 1 Short Title, Construction, Application, and Subject Matter of Title
General Provisions
11-1-101. Short title titles. (a) This Title 11 shall be known as and may be cited as the 'Uniform Commercial Code.' (b) This article shall be known as and may be cited as the 'Uniform Commercial Code General Provisions.'
11-1-102. Scope of article. This article shall apply to a transaction to the extent that it is governed by another article of this title.
11-1-102. 11-1-103. Rules of construction to promote purposes and policies; applicability of supplemental principles of law. Purposes; rules of construction; variation by agreement. (1)(a) This title shall be liberally construed and applied to promote its underlying purposes and policies. (2) Underlying purposes and policies of this title which are:
(a)(1) To simplify, clarify, and modernize the law governing commercial transactions; (b)(2) To permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and (c)(3) To make uniform the law among the various jurisdictions. (b) Unless displaced by the particular provisions of this title, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal
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and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause shall supplement its provisions. (3) The effect of provisions of this title may be varied by agreement, except as otherwise provided in this title and except that the obligations of good faith, diligence, reasonableness, and care prescribed by this title may not be disclaimed by agreement but the parties may by agreement determine the standards by which the performance of such obligations is to be measured if such standards are not manifestly unreasonable. (4) The presence in certain provisions of this title of the words 'unless otherwise agreed' or words of similar import does not imply that the effect of other provisions may not be varied by agreement under subsection (3) of this Code section. (5) In this title unless the context otherwise requires:
(a) Words in the singular number include the plural, and in the plural include the singular; (b) Words of the masculine gender include the feminine and the neuter, and when the sense so indicates words of the neuter gender may refer to any gender.
11-1-103. Supplementary general principles of law applicable. Unless displaced by the particular provisions of this title, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause shall supplement its provisions.
11-1-104. Construction against implicit repeal. This title being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
11-1-105. Severability. Territorial application of the title; parties' power to choose applicable law. If any provision or clause of this title or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this title which can be given effect without the invalid provision or application, and to this end the provisions of this title are declared to be severable.
(1) Except as provided hereafter in this Code section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties. Failing such agreement this title applies to transactions bearing an appropriate relation to this state. (2) Where one of the following provisions of this title specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law (including the conflict of laws rules) so specified: Rights of creditors against sold goods. Code Section 11-2-402.
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Applicability of the article of this title on leases (Article 2A of this title). Code Sections 11-2A-105 and 11-2A-106. Applicability of the article of this title on bank deposits and collections (Article 4 of this title). Code Section 11-4-102. Bulk transfers subject to the article of this title on bulk transfers (Article 6 of this title). Code Section 11-6-102. Applicability of the article of this title on investment securities (Article 8 of this title). Code Section 11-8-110. Law governing perfection, the effect of perfection or nonperfection, and the priority of security interests and agricultural liens. Code Sections 11-9-301 through 11-9-307. Governing law in the article on funds transfers (Article 4A of this title). Code Section 11-4A-507.
11-1-106. Use of singular and plural; gender. Remedies to be liberally administered. In this title unless the statutory context otherwise requires:
(1) Words in the singular number include the plural, and words in the plural include the singular; and The remedies provided by this title shall be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special nor penal damages may be had except as specifically provided in this title or by other rule of law. (2) Words of any gender also refer to any other gender. Any right or obligation declared by this title is enforceable by action unless the provision declaring it specifies a different and limited effect.
11-1-107. Section captions. Waiver or renunciation of claim or right after breach. Section captions are parts of this title. Any claim or right arising out of an alleged breach can be discharged in whole or in part without consideration by a written waiver or renunciation signed and delivered by the aggrieved party.
11-1-108. Relation to electronic signatures in Global and National Commerce Act. Severability. If any provision or clause of this title or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the title which can be given effect without the invalid provision or application, and to this end the provisions of this title are declared to be severable. This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but shall not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
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11-1-109. Section captions. Section captions are parts of this title.
Part 2 General Definitions and Principles of Interpretation
11-1-201. General definitions. (a) Unless the context otherwise requires, words or phrases defined in this Code section, or in the additional definitions contained in other articles of this title that apply to particular articles or parts thereof, have the meanings stated. (b) Subject to additional definitions contained in the subsequent other articles of this title which that are applicable to specific articles or parts thereof, and unless the context otherwise requires, in this title:
(1) 'Action' in the sense of a judicial proceeding includes recoupment, counterclaim, setoff, suit in equity, and any other proceedings in which rights are determined. (2) 'Aggrieved party' means a party entitled to resort to pursue a remedy. (3) 'Agreement,' as distinguished from 'contract,' 'Agreement' means the bargain of the parties in fact as found in their language or by implication inferred from other circumstances including course of performance, course of dealing, or usage of trade or course of performance as provided in this title (Code Sections 11-1-205 and 11-2208). Whether an agreement has legal consequences is determined by the provisions of this title, if applicable; otherwise by the law of contracts (Code Section 11-1-103) Code Section 11-1-303. (4) 'Bank' means any a person engaged in the business of banking. Wherever the word 'branch' is used in this title, with reference to a bank, it shall mean 'branch office' as that term is defined in Code Section 7-1-600 and includes a savings bank, savings and loan association, credit union, or trust company. (5) 'Bearer' means a person in control of a negotiable electronic instrument, document of title, or a person in possession of an instrument, a negotiable tangible document of title, or a certificated security payable to bearer or indorsed in blank. (6) 'Bill of lading' means a document of title evidencing the receipt of goods for shipment issued by a person engaged in the business of directly or indirectly transporting or forwarding goods. The term does not include a warehouse receipt. (7) 'Branch' includes a separately incorporated foreign branch of a bank. (8) 'Burden of establishing' a fact means the burden of persuading the triers trier of fact that the existence of the fact is more probable than its nonexistence. (9) 'Buyer in ordinary course of business' means a person that buys goods in good faith without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. A person buys goods in the ordinary course if the sale to the person comports with the usual or customary practices in the kind of business in which the seller is engaged or with the seller's own usual or customary practices. A person that sells oil, gas, or other minerals at the wellhead or minehead
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is a person in the business of selling goods of that kind. A buyer in the ordinary course of business may buy for cash, by exchange of other property, or on secured or unsecured credit, and may acquire goods or documents of title under a preexisting contract for sale. Only a buyer that takes possession of the goods or has a right to recover the goods from the seller under Article 2 of this title may be a buyer in ordinary course of business. A person that acquires goods in a transfer in bulk or as security for or in total or partial satisfaction of a money debt is not a buyer in ordinary course of business. (10) 'Conspicuous,' with reference to a term, means so written, displayed, or presented that a reasonable person against which it is to operate ought to have noticed it. Whether a term is 'conspicuous' or not is a decision for the court. Conspicuous terms include the following:
(A) A heading in capitals equal to or greater in size than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same or lesser size; and (B) Language in the body of a record or display in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the language. (11) 'Consumer' means an individual who enters into a transaction primarily for personal, family, or household purposes. (11)(12) 'Contract,' as distinguished from 'agreement,' means the total legal obligation which that results from the parties' agreement as affected determined by this title and any other applicable rules of law. (12)(13) 'Creditor' includes a general creditor, a secured creditor, a lien creditor and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator of an insolvent debtor's or assignor's estate. (13)(14) 'Defendant' includes a person in the position of defendant in a cross-action or counterclaim, cross-claim, or third-party claim. (14)(15) 'Delivery' with respect to an electronic instrument, document of title, or chattel paper means voluntary transfer of control and with respect to instruments, tangible documents of title, chattel paper, or certificated securities means voluntary transfer of possession. (15)(16) 'Document of title' means a record (a) that in the regular course of business or financing is treated as adequately evidencing that the person in possession or control of the record is entitled to receive, control, hold, and dispose of the record and the goods the record covers and (b) that purports to be issued by or addressed to a bailee and to cover goods in the bailee's possession which are either identified or are fungible portions of an identified mass. The term includes a bill of lading, transport document, dock warrant, dock receipt, warehouse receipt, and or order for delivery of goods. An electronic document of title means a document of title evidenced by a record consisting of information stored in an electronic medium. A tangible document of title means a document of title evidenced by a record consisting of
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information that is inscribed on a tangible medium and any other document which in the regular course of business or financing is treated as adequately evidencing that the person in possession of it is entitled to receive, hold, and dispose of the document and the goods it covers. To be a document of title, a document must purport to be issued by or addressed to a bailee and purport to cover goods in the bailee's possession which are either identified or are fungible portions of an identified mass. (16)(17) 'Fault' means a default, breach, or wrongful act, or omission, or breach. (17)(18) 'Fungible goods' with respect to goods or securities means goods or securities:
(A) Goods of which any unit is, by nature or usage of trade, the equivalent of any other like unit.; or (B) Goods which are not fungible shall be deemed fungible for the purposes of this title to the extent that under a particular by agreement or document unlike units are treated as equivalents equivalent. (18)(19) 'Genuine' means free of forgery or counterfeiting. (19)(20) 'Good faith,' except as otherwise provided in Article 5 of this title, means honesty in fact in the conduct or transaction concerned and the observance of reasonable commercial standards of fair dealing. (20)(21) 'Holder' means: (a)(A) The person in possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession; or (b)(B) The person in possession of a negotiable tangible document of title if the goods are deliverable either to bearer or to the order of the person in possession; or (c) The person in control of a negotiable electronic document of title. (21) To 'honor' is to pay or to accept and pay, or where a credit so engages to purchase or discount a draft complying with the terms of the credit. (22) 'Insolvency proceedings' proceeding' includes any assignment for the benefit of creditors or other proceedings proceeding intended to liquidate or rehabilitate the estate of the person involved. (23) 'Insolvent' means: (A) Having generally A person is 'insolvent' who either has ceased to pay his debts in the ordinary course of business other than as a result of bona fide dispute; or cannot pay his (B) Being unable to pay debts as they become due; or is insolvent (C) Being insolvent within the meaning of the federal bankruptcy law. (24) 'Money' means a medium of exchange authorized or adopted by a domestic or foreign government and includes a monetary unit of account established by an intergovernmental organization or by agreement between two or more nations countries. (25) Subject to subsection (27) of this Code section, a person has 'notice' of a fact if the person: (a) Has actual knowledge of it; (b) Has received a notice or notification of it; or
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(c) From all the facts and circumstances known to the person at the time in question, has reason to know that it exists. A person 'knows' or has 'knowledge' of a fact when the person has actual knowledge of it. 'Discover' or 'learn' or a word or phrase of similar import refers to knowledge rather than to reason to know. The time and circumstances under which a notice or notification may cease to be effective are not determined by this title. (26) A person 'notifies' or 'gives' a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in ordinary course, whether or not the other person actually comes to know of it. Subject to subsection (27) of this Code section, a person 'receives' a notice or notification when: (a) It comes to that person's attention; or (b) It is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications. (27) Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time when it is brought to the attention of the individual conducting that transaction, and in any event, from the time when it would have been brought to the individual's attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless such communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information. (28)(25) 'Organization' includes a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity means a person other than an individual. (29)(26) 'Party,' as distinct from 'third party,' means a person who has engaged in a transaction or made an agreement within subject to this title. (30)(27) 'Person' includes means an individual, or an organization (see Code Section 11-1-102) corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. (28) 'Present value' means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain by use of either an interest rate specified by the parties if that rate is not manifestly unreasonable at the time the transaction is entered into or, if an interest rate is not so specified, a commercially reasonable rate that takes into account the facts and circumstances at the time the transaction is entered into.
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(31) 'Presumption' or 'presumed' means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence. (31.1) 'Public sale' means a sale:
(A) Held at a place reasonably available to persons who might desire to attend and submit bids; and (B) At which those attending shall be given the opportunity to bid on a competitive basis; and (C) At which the sale, if made, shall be made to the highest and best bidder; and (D) Except as otherwise provided in this title for advertising or dispensing with the advertising of public sales, of which notice is given by advertisement once a week for two weeks in the newspaper in which the sheriff's advertisements are published in the county where the sale is to be held, and which notice shall state the day and hour, between 10:00 A.M. and 4:00 P.M., and the place of sale and shall briefly identify the goods to be sold. The provisions of this paragraph shall not be in derogation of any additional requirements relating to notice of and conduct of any such public sale as may be contained in other provisions of this title but shall be supplementary thereto. (32)(29) 'Purchase' includes means taking by sale, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property. (33)(30) 'Purchaser' means a person who takes by purchase. (31) '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. (34)(32) 'Remedy' means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal. (35)(33) 'Representative' means a person empowered to act for another, including includes an agent, an officer of a corporation or association, and a trustee, executor or administrator of an estate, or any other person empowered to act for another. (36)(34) 'Rights' includes remedies. (37)(35) 'Security interest' means an interest in personal property or fixtures which secures payment or performance of an obligation. The term also includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to Article 9 of this title. The term does not include the special property interest of a buyer of goods on identification of those goods to a contract for sale under Code Section 11-2-401, is not a 'security interest,' but a buyer may also acquire a 'security interest' by complying with Article 9 of this title. Except as otherwise provided in Code Section 11-2-505, the right of a seller or lessor of goods under Article 2 or 2A of this title to retain or acquire possession of the goods is not a 'security interest,' but a seller or lessor may also acquire a 'security interest' by complying with Article 9 of this title. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer (under Code Section 11-2-401) is limited in effect to a reservation of a 'security interest.'
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Whether a transaction creates in the form of a lease or creates a 'security interest' is shall be determined pursuant to Code Section 11-1-203. by the facts of each case; however, a transaction creates a security interest if the consideration the lessee is to pay the lessor for the right to possession and use of the goods is an obligation for the term of the lease not subject to termination by the lessee, and (a) The original term of the lease is equal to or greater than the remaining economic life of the goods, (b) The lessee is bound to renew the lease for the remaining economic life of the goods or is bound to become the owner of the goods, (c) The lessee has an option to renew the lease for the remaining economic life of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement, or (d) The lessee has an option to become the owner of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement. A transaction does not create a security interest merely because it provides that (a) The present value of the consideration the lessee is obligated to pay the lessor for the right to possession and use of the goods is substantially equal to or is greater than the fair market value of the goods at the time the lease is entered into, (b) The lessee assumes risk of loss of the goods, or agrees to pay taxes, insurance, filing, recording, or registration fees, or service or maintenance costs with respect to the goods, (c) The lessee has an option to renew the lease or to become the owner of the goods, (d) The lessee has an option to renew the lease for a fixed rent that is equal to or greater than the reasonably predictable fair market rent for the use of the goods for the term of the renewal at the time the option is to be performed, or (e) The lessee has an option to become the owner of the goods for a fixed price that is equal to or greater than the reasonably predictable fair market value of the goods at the time the option is to be performed. For purposes of this subsection (37): (x) Additional consideration is not nominal if (i) when the option to renew the lease is granted to the lessee the rent is stated to be the fair market rent for the use of the goods for the term of the renewal determined at the time the option is to be performed, or (ii) when the option to become the owner of the goods is granted to the lessee the price is stated to be the fair market value of the goods determined at the time the option is to be performed. Additional consideration is nominal if it is less than the lessee's reasonably predictable cost of performing under the lease agreement if the option is not exercised; (y) 'Reasonably predictable' and 'remaining economic life of the goods' are to be determined with reference to the facts and circumstances at the time the transaction is entered into; and (z) 'Present value' means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. The discount is determined by the
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interest rate specified by the parties if the rate is not manifestly unreasonable at the time the transaction is entered into; otherwise, the discount is determined by a commercially reasonable rate that takes into account the facts and circumstances of each case at the time the transaction was entered into. (38)(36) 'Send' in connection with a writing, record, or notice means:
(a)(A) To deposit in the mail or deliver for transmission by any other usual means of communication with postage or cost of transmission provided for and properly addressed and, in the case of an instrument, to an address specified thereon or otherwise agreed, or if there be none to any address reasonable under the circumstances; or (b)(B) In any other way to cause to be received any record or notice within the time it would have arrived if properly sent. (39)(37) 'Signed' includes using any symbol executed or adopted by a party with present intention to authenticate adopt or accept a writing. (38) '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 jurisdiction of the United States. (40)(39) 'Surety' includes a guarantor or other secondary obligor. (41) 'Telegram' includes a message transmitted by radio, teletype, cable, any mechanical method of transmission, or the like. (42)(40) 'Term' means that portion of an agreement which that relates to a particular matter. (43)(41) 'Unauthorized' signature' means one a signature made without actual, implied, or apparent authority. The term and includes a forgery. (44) 'Value': Except as otherwise provided with respect to negotiable instruments and bank collections (Code Sections 11-3-303, 11-4-208, and 11-4-209) a person gives 'value' for rights if he acquires them: (a) In return for a binding commitment to extend credit or for the extension of immediately available credit whether or not drawn upon and whether or not a chargeback is provided for in the event of difficulties in collection; or (b) As security for or in total or partial satisfaction of a preexisting claim; or (c) By accepting delivery pursuant to a preexisting contract for purchase; or (d) Generally, in return for any consideration sufficient to support a simple contract. (45)(42) 'Warehouse receipt' means a document of title receipt issued by a person engaged in the business of storing goods for hire. (46)(43) 'Written' or 'writing' includes printing, typewriting, or any other intentional reduction to tangible form.
11-1-202. Notice; knowledge. Prima-facie evidence by third party documents. A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party shall be
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prima-facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party. (a) Subject to subsection (f) of this Code section, a person has 'notice' of a fact if the person:
(1) Has actual knowledge of it; (2) Has received a notice or notification of it; or (3) From all the facts and circumstances known to the person at the time in question, has reason to know that it exists. (b) 'Knows' or 'knowledge' means actual knowledge. (c) 'Discover,' 'learn,' or words of similar import refer to knowledge rather than to reason to know. (d) A person 'notifies' or 'gives' a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in the ordinary course, whether or not the other person actually comes to know of it. (e) Subject to subsection (f) of this Code section, a person 'receives' a notice or notification when: (1) It comes to that person's attention; or (2) It is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications. (f) Notice, knowledge, or a notice or notification received by an organization shall be effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual's attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information.
11-1-203. Lease distinguished from security interest. Obligation of good faith. Every contract or duty within this title imposes an obligation of good faith in its performance or enforcement. (a) Whether a transaction in the form of a lease creates a security interest is determined by the facts of each case. (b) A transaction in the form of a lease creates a security interest if the consideration that the lessee is to pay to the lessor for the right to possession and use of the goods is an obligation for the term of the lease and is not subject to termination by the lessee, and:
(1) The original term of the lease is equal to or greater than the remaining economic life of the goods;
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(2) The lessee is bound to renew the lease for the remaining economic life of the goods or is bound to become the owner of the goods; (3) The lessee has an option to renew the lease for the remaining economic life of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement; or (4) The lessee has an option to become the owner of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement. (c) A transaction in the form of a lease does not create a security interest merely because: (1) The present value of the consideration the lessee is obligated to pay the lessor for the right to possession and use of the goods is substantially equal to or is greater than the fair market value of the goods at the time the lease is entered into; (2) The lessee assumes risk of loss of the goods; (3) The lessee agrees to pay, with respect to the goods, taxes, insurance, filing, recording, or registration fees, or service or maintenance costs; (4) The lessee has an option to renew the lease or to become the owner of the goods; (5) The lessee has an option to renew the lease for a fixed rent that is equal to or greater than the reasonably predictable fair market rent for the use of the goods for the term of the renewal at the time the option is to be performed; or (6) The lessee has an option to become the owner of the goods for a fixed price that is equal to or greater than the reasonably predictable fair market value of the goods at the time the option is to be performed. (d) Additional consideration is nominal if it is less than the lessee's reasonably predictable cost of performing under the lease agreement if the option is not exercised. Additional consideration is not nominal if: (1) When the option to renew the lease is granted to the lessee, the rent is stated to be the fair market rent for the use of the goods for the term of the renewal determined at the time the option is to be performed; or (2) When the option to become the owner of the goods is granted to the lessee, the price is stated to be the fair market value of the goods determined at the time the option is to be performed. (e) The 'remaining economic life of the goods' and 'reasonably predictable' fair market rent, fair market value, or cost of performing under the lease agreement must be determined with reference to the facts and circumstances at the time the transaction is entered into.
11-1-204. Value. Except as otherwise provided in Articles 3, 4, 5, and 6 of this title, a person gives value for rights if the person acquires them:
(1) In return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a chargeback is provided for in the event of difficulties in collection;
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(2) As security for, or in total or partial satisfaction of, a preexisting claim; (3) By accepting delivery under a preexisting contract for purchase; or (4) In return for any consideration sufficient to support a simple contract.
11-1-204. 11-1-205. Reasonable time; seasonableness. Time; reasonable time; 'seasonably.'
(1) Whenever this title requires any action to be taken within a reasonable time, any time which is not manifestly unreasonable may be fixed by agreement. (2) What is a reasonable (a) Whether a time for taking any action required by this title is reasonable depends on the nature, purpose, and circumstances of such action. (3)(b) An action is taken 'seasonably' when if it is taken at or within the time agreed, or if no time is agreed, at or within a reasonable time.
11-1-205. Course of dealing and usage of trade. (1) A course of dealing is a sequence of previous conduct between the parties to a particular transaction which is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct. (2) A usage of trade is any practice or method of dealing having such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question. The existence and scope of such a usage are to be proved as facts. If it is established that such a usage is embodied in a written trade code or similar writing the interpretation of the writing is for the court. (3) A course of dealing between parties and any usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware give particular meaning to and supplement or qualify terms of an agreement. (4) The express terms of an agreement and an applicable course of dealing or usage of trade shall be construed wherever reasonable as consistent with each other; but when such construction is unreasonable express terms control both course of dealing and usage of trade and course of dealing controls usage of trade. (5) An applicable usage of trade in the place where any part of performance is to occur shall be used in interpreting the agreement as to that part of the performance. (6) Evidence of a relevant usage of trade offered by one party is not admissible unless and until he has given the other party such notice as the court finds sufficient to prevent unfair surprise to the latter.
11-1-206. Presumptions. Statute of frauds for kinds of personal property not otherwise covered. Whenever this title creates a 'presumption' with respect to a fact, or provides that a fact is 'presumed,' the trier of fact must find the existence of the fact presumed unless and until evidence is introduced that supports a finding of its nonexistence. (1) Except in the cases described in subsection (2) of this Code section a contract for the sale of personal property is not enforceable by way of action or defense beyond
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$5,000.00 in amount or value of remedy unless there is some writing which indicates that a contract for sale has been made between the parties at a defined or stated price, reasonably identifies the subject matter, and is signed by the party against whom enforcement is sought or by his authorized agent. (2) Subsection (1) of this Code section does not apply to contracts for the sale of goods (Code Section 11-2-201) nor of securities (Code Section 11-8-113) nor to security agreements (Code Section 11-9-203).
11-1-207. Performance or acceptance under reservation of rights. (1) A party who, with explicit reservation of rights, performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as 'without prejudice,' 'under protest' or the like are sufficient. (2) Subsection (1) of this Code section does not apply to an accord and satisfaction.
11-1-208. Option to accelerate at will. A term providing that one party or his successor in interest may accelerate payment or performance or require collateral or additional collateral 'at will' or 'when he deems himself insecure' or in words of similar import shall be construed to mean that he shall have power to do so only if he in good faith believes that the prospect of payment or performance is impaired. The burden of establishing lack of good faith is on the party against whom the power has been exercised.
11-1-209. Subordinated obligations. An obligation may be issued as subordinated to payment of another obligation of the person obligated, or a creditor may subordinate his right to payment of an obligation by agreement with either the person obligated or another creditor of the person obligated. Such a subordination does not create a security interest as against either the common debtor or a subordinated creditor. This Code section shall be construed as declaring the law as it existed prior to the enactment of this Code section and not as modifying it.
Part 3 Territorial Applicability and General Rules
11-1-301. Territorial applicability; parties' power to choose applicable law. (a) Except as otherwise provided in this Code section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties. (b) In the absence of an agreement under subsection (a) of this Code section, and except as provided in subsection (c) of this Code section, this title applies to transactions bearing an appropriate relation to this state.
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(c) If one of the following provisions of this title specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law so specified:
(1) Code Section 11-2-402; (2) Code Sections 11-2A-105 and 11-2A-106; (3) Code Section 11-4-102; (4) Code Section 11-4A-507; (5) Code Section 11-5-116; (6) Code Section 11-6-103; (7) Code Section 11-8-110; or (8) Code Sections 11-9-301 through 11-9-307.
11-1-302. Variation by agreement. (a) Except as otherwise provided in subsection (b) of this Code section or elsewhere in this title, the effect of provisions of this title may be varied by agreement. (b) The obligations of good faith, diligence, reasonableness, and care prescribed by this title may not be disclaimed by agreement. The parties may by agreement determine the standards by which the performance of such obligations is to be measured if such standards are not manifestly unreasonable. Whenever this title requires an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement. (c) The presence in certain provisions of this title of the phrase 'unless otherwise agreed' or words of similar import does not imply that the effect of other provisions may not be varied by agreement under this Code section.
11-1-303. Course of performance, course of dealing, and usage of trade. (a) A 'course of performance' is a sequence of conduct between the parties to a particular transaction that exists if:
(1) The agreement of the parties with respect to the transaction involves repeated occasions for performance by a party; and (2) The other party, with knowledge of the nature of the performance and opportunity for objection to it, accepts the performance or acquiesces in it without objection. (b) A 'course of dealing' is a sequence of conduct concerning previous transactions between the parties to a particular transaction that is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct. (c) A 'usage of trade' is any practice or method of dealing having such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question. The existence and scope of such a usage must be proved as facts. If it is established that such a usage is embodied in a trade code or similar record, the interpretation of the record is a question of law. (d) A course of performance or course of dealing between the parties or usage of trade in the vocation or trade in which they are engaged or of which they are or should be
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aware is relevant in ascertaining the meaning of the parties' agreement, may give particular meaning to specific terms of the agreement, and may supplement or qualify the terms of the agreement. A usage of trade applicable in the place in which part of the performance under the agreement is to occur may be so utilized as to that part of the performance. (e) Except as otherwise provided in subsection (f) of this Code section, the express terms of an agreement and any applicable course of performance, course of dealing, or usage of trade shall be construed whenever reasonable as consistent with each other. If such a construction is unreasonable:
(1) Express terms prevail over course of performance, course of dealing, and usage of trade; (2) Course of performance prevails over course of dealing and usage of trade; and (3) Course of dealing prevails over usage of trade. (f) Subject to Code Section 11-2-209, a course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance. (g) Evidence of a relevant usage of trade offered by one party shall not be admissible unless that party has given the other party notice that the court finds sufficient to prevent unfair surprise to the other party.
11-1-304. Obligation of good faith. Every contract or duty within this title imposes an obligation of good faith in its performance and enforcement.
11-1-305. Remedies to be liberally administered. (a) The remedies provided by this title shall be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special damages nor penal damages may be had except as specifically provided in this title or by other rule of law. (b) Any right or obligation declared by this title shall be enforceable by action unless the provision declaring it specifies a different and limited effect.
11-1-306. Waiver or renunciation of claim or right after breach. A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in an authenticated record.
11-1-307. Prima-facie evidence by third party documents. A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party shall be prima-facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party.
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11-1-308. Performance or acceptance under reservation of rights. (a) A party who, with explicit reservation of rights, performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as 'without prejudice,' 'under protest,' or the like are sufficient. (b) Subsection (a) of this Code section shall not apply to an accord and satisfaction.
11-1-309. Option to accelerate at will. A term providing that one party or that party's successor in interest may accelerate payment or performance or require collateral or additional collateral 'at will' or when the party 'deems itself insecure' or words of similar import shall be construed to mean that the party shall have power to do so only if that party in good faith believes that the prospect of payment or performance is impaired. The burden of establishing lack of good faith is on the party against whom the power has been exercised.
11-1-310. Subordinated obligations. An obligation may be issued as subordinated to performance of another obligation of the person obligated, or a creditor may subordinate its right to performance of an obligation by agreement with either the person obligated or another creditor of the person obligated. Such a subordination does not create a security interest as against either the common debtor or a subordinated creditor."
PART IIIB CONFORMING CROSS-REFERENCES
IN THE UCC TO PART IIIA SECTION 3B-1.
Said title is further amended by revising subsection (1) of Code Section 11-2-103, relating to definitions and index of definitions, as follows:
"(1) In this article unless the context otherwise requires: (a) 'Buyer' means a person who buys or contracts to buy goods. (b) Reserved. 'Good faith' in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade. (c) 'Receipt' of goods means taking physical possession of them. (d) 'Seller' means a person who sells or contracts to sell goods."
SECTION 3B-2. Said title is further amended by revising Code Section 11-2-202, relating to final written expression and parol or extrinsic evidence, as follows:
"11-2-202. Final written expression; parol or extrinsic evidence. Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by
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evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented:
(a) By course of dealing or usage of trade (Code Section 11-1-205) or by course of performance, course of dealing, or usage of trade (Code Section 11-2-208 11-1-303); and (b) By evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement."
SECTION 3B-3. Said title is further amended by revising Code Section 11-2-208, relating to course of performance or practical construction, as follows:
"11-2-208. Course of performance or practical construction. Reserved. (1) Where the contract for sale involves repeated occasions for performance by either party with knowledge of the nature of the performance and opportunity for objection to it by the other, any course of performance accepted or acquiesced in without objection shall be relevant to determine the meaning of the agreement. (2) The express terms of the agreement and any such course of performance, as well as any course of dealing and usage of trade, shall be construed whenever reasonable as consistent with each other; but when such construction is unreasonable, express terms shall control course of performance and course of performance shall control both course of dealing and usage of trade (Code Section 11-1-205). (3) Subject to the provisions of Code Section 11-2-209 on modification and waiver, such course of performance shall be relevant to show a waiver or modification of any term inconsistent with such course of performance."
SECTION 3B-4. Said title is further amended by revising subsection (3) of Code Section 11-2A-103, relating to definitions and index of definitions, as follows:
"(3) The following definitions in other articles of this title apply to this article: 'Account.' Code Section 11-9-102(a). 'Between merchants.' Code Section 11-2-104(3). 'Buyer.' Code Section 11-2-103(1)(a). 'Chattel paper.' Code Section 11-9-102(a). 'Consumer goods.' Code Section 11-9-102(a). 'Document.' Code Section 11-9-102(a). 'Entrusting.' Code Section 11-2-403(3). 'General intangible.' Code Section 11-9-102(a). 'Good faith.' Code Section 11-2-103(1)(b). 'Instrument.' Code Section 11-9-102(a). 'Merchant.' Code Section 11-2-104(1). 'Mortgage.' Code Section 11-9-102(a).
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'Pursuant to commitment.' Code Section 11-9-102(a). 'Receipt.' Code Section 11-2-103(1)(c). 'Sale.' Code Section 11-2-106(1). 'Sale on approval.' Code Section 11-2-326. 'Sale or return.' Code Section 11-2-326. 'Seller.' Code Section 11-2-103(1)(d)."
SECTION 3B-5. Said title is further amended by revising Code Section 11-2A-207, relating to course of performance or practical construction, as follows:
"11-2A-207. Course of performance or practical construction. Reserved. (1) If a lease contract involves repeated occasions for performance by either party with knowledge of the nature of the performance and opportunity for objection to it by the other, any course of performance accepted or acquiesced in without objection is relevant to determine the meaning of the lease agreement. (2) The express terms of a lease agreement and any course of performance, as well as any course of dealing and usage of trade, must be construed whenever reasonable as consistent with each other; but if that construction is unreasonable, express terms control course of performance, course of performance controls both course of dealing and usage of trade, and course of dealing controls usage of trade. (3) Subject to the provisions of Code Section 11-2A-208 on modification and waiver, course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance."
SECTION 3B-6. Said title is further amended by revising subsection (4) of Code Section 11-2A-501, relating to default and procedure, as follows:
"(4) Except as otherwise provided in Code Section 11-1-106(1) 11-1-305(a) or this article or the lease agreement, the rights and remedies referred to in subsections (2) and (3) are cumulative."
SECTION 3B-7. Said title is further amended by revising subsection (2) of Code Section 11-2A-518, relating to cover and substitute goods, as follows:
"(2) Except as otherwise provided with respect to damages liquidated in the lease agreement (Code Section 11-2A-504) or otherwise determined pursuant to agreement of the parties (Code Sections 11-1-102(3) 11-1-302 and 11-2A-503), if a lessee's cover is by a lease agreement substantially similar to the original lease agreement and the new lease agreement is made in good faith and in a commercially reasonable manner, the lessee may recover from the lessor as damages (i) the present value, as of the date of the commencement of the term of the new lease agreement, of the rent under the new lease agreement applicable to that period of the new lease term which is comparable to the
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then remaining term of the original lease agreement minus the present value as of the same date of the total rent for the then remaining lease term of the original lease agreement, and (ii) any incidental or consequential damages, less expenses saved in consequence of the lessor's default."
SECTION 3B-8. Said title is further amended by revising subsection (1) of Code Section 11-2A-519, relating to lessee's damages for non-delivery, repudiation, default, and breach of warranty in regard to accepted goods, as follows:
"(1) Except as otherwise provided with respect to damages liquidated in the lease agreement (Code Section 11-2A-504) or otherwise determined pursuant to agreement of the parties (Code Sections 11-1-102(3) 11-1-302 and 11-2A-503), if a lessee elects not to cover or a lessee elects to cover and the cover is by lease agreement that for any reason does not qualify for treatment under Code Section 11-2A-518(2), or is by purchase or otherwise, the measure of damages for non-delivery or repudiation by the lessor or for rejection or revocation of acceptance by the lessee is the present value, as of the date of the default, of the then market rent minus the present value as of the same date of the original rent, computed for the remaining lease term of the original lease agreement, together with incidental and consequential damages, less expenses saved in consequence of the lessor's default."
SECTION 3B-9. Said title is further amended by revising subsection (2) of Code Section 11-2A-527, relating to lessor's rights to dispose of goods, as follows:
"(2) Except as otherwise provided with respect to damages liquidated in the lease agreement (Code Section 11-2A-504) or otherwise determined pursuant to agreement of the parties (Code Sections 11-1-102(3) 11-1-302 and 11-2A-503), if the disposition is by lease agreement substantially similar to the original lease agreement and the new lease agreement is made in good faith and in a commercially reasonable manner, the lessor may recover from the lessee as damages (i) accrued and unpaid rent as of the date of the commencement of the term of the new lease agreement, (ii) the present value, as of the same date, of the total rent for the then remaining lease term of the original lease agreement minus the present value, as of the same date, of the rent under the new lease agreement applicable to that period of the new lease term which is comparable to the then remaining term of the original lease agreement, and (iii) any incidental damages allowed under Code Section 11-2A-530, less expenses saved in consequence of the lessee's default."
SECTION 3B-10. Said title is further amended by revising subsection (1) of Code Section 11-2A-528, relating to lessor's damages for nonacceptance, failure to pay, repudiation, or other default, as follows:
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"(1) Except as otherwise provided with respect to damages liquidated in the lease agreement (Code Section 11-2A-504) or otherwise determined pursuant to agreement of the parties (Code Sections 11-1-102(3) 11-1-302 and 11-2A-503), if a lessor elects to retain the goods or a lessor elects to dispose of the goods and the disposition is by lease agreement that for any reason does not qualify for treatment under Code Section 112A-527(2), or is by sale or otherwise, the lessor may recover from the lessee as damages for a default of the type described in Code Section 11-2A-523(1) or 11-2A523(3)(a), or, if agreed, for other default of the lessee, (i) accrued and unpaid rent as of the date of default if the lessee has never taken possession of the goods, or, if the lessee has taken possession of the goods, as of the date the lessor repossesses the goods or an earlier date on which the lessee makes a tender of the goods to the lessor, (ii) the present value as of the date determined under clause (i) of the total rent for the then remaining lease term of the original lease agreement minus the present value as of the same date of the market rent at the place where the goods are located computed for the same lease term, and (iii) any incidental damages allowed under Code Section 11-2A530, less expenses saved in consequence of the lessee's default."
SECTION 3B-11. Said title is further amended by revising paragraphs (4) and (10) of subsection (a) of Code Section 11-3-103, relating to definitions, as follows:
"(4) Reserved. 'Good faith' means honesty in fact and the observance of reasonable commercial standards of fair dealing." "(10) 'Prove' with respect to a fact means to meet the burden of establishing the fact as 'burden of establishing' is defined in subsection (8) of within the meaning of Code Section 11-1-201(b)(8)."
SECTION 3B-12. Said title is further amended by revising subsection (c) of Code Section 11-4-104, relating to definitions and index of definitions, as follows:
"(c) 'Control' as provided in Code Section 11-7-106 and the following definitions in other articles of this title apply to this article:
'Acceptance.' Code Section 11-3-409. 'Alteration.' Code Section 11-3-407. 'Cashier's check.' Code Section 11-3-104. 'Certificate of deposit.' Code Section 11-3-104. 'Certified check.' Code Section 11-3-409. 'Check.' Code Section 11-3-104. 'Good faith.' Code Section 11-3-103. 'Holder in due course.' Code Section 11-3-302. 'Instrument.' Code Section 11-3-104. 'Notice of dishonor.' Code Section 11-3-503. 'Order.' Code Section 11-3-103. 'Ordinary care.' Code Section 11-3-103.
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'Person entitled to enforce.' Code Section 11-3-301. 'Presentment.' Code Section 11-3-501. 'Promise.' Code Section 11-3-103. 'Prove.' Code Section 11-3-103. 'Teller's check.' Code Section 11-3-104. 'Unauthorized signature.' Code Section 11-3-403."
SECTION 3B-13. Said title is further amended by revising paragraphs (6) and (7) of subsection (a) of Code Section 11-4A-105, relating to other definitions, as follows:
"(6) Reserved. 'Good faith' means honesty in fact and the observance of reasonable commercial standards of fair dealing. (7) 'Prove' with respect to a fact means to meet the burden of establishing the fact (Code Section 11-1-201(b)(8))."
SECTION 3B-14. Said title is further amended by revising subsection (a) of Code Section 11-4A-106, relating to time payment order is received, as follows:
"(a) The time of receipt of a payment order or communication canceling or amending a payment order is determined by the rules applicable to receipt of a notice stated in Code Section 11-1-201(27) 11-1-202. A receiving bank may fix a cut-off time or times on a funds-transfer business day for the receipt and processing of payment orders and communications canceling or amending payment orders. Different cut-off times may apply to payment orders, cancellations, or amendments, or to different categories of payment orders, cancellations, or amendments. A cut-off time may apply to senders generally or different cut-off times may apply to different senders or categories of payment orders. If a payment order or communication canceling or amending a payment order is received after the close of a funds-transfer business day or after the appropriate cut-off time on a funds-transfer business day, the receiving bank may treat the payment order or communication as received at the opening of the next fundstransfer business day."
SECTION 3B-15. Said title is further amended by revising subsection (b) of Code Section 11-4A-204, relating to refund of payment and duty of customer to report with respect to unauthorized payment order, as follows:
"(b) Reasonable time under subsection (a) of this Code section may be fixed by agreement as stated in subsection (b) of Code Section 11-1-204(1) 11-1-302, but the obligation of a receiving bank to refund payment as stated in subsection (a) of this Code section may not otherwise be varied by agreement."
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SECTION 3B-16. Said title is further amended by revising subsection (c) of Code Section 11-5-103, relating to scope, as follows:
"(c) With the exception of subsections (a), (b), and (d) of this Code section, paragraphs (9) and (10) of subsection (a) of Code Section 11-5-102, subsection (d) of Code Section 11-5-106, and subsection (d) of Code Section 11-5-114 and except to the extent prohibited in subsection (3) of Code Section 11-1-102 11-1-302 and subsection (d) of Code Section 11-5-117, the effect of this article may be varied by agreement or by a provision stated or incorporated by reference in an undertaking. A term in an agreement or undertaking generally excusing liability or generally limiting remedies for failure to perform obligations is not sufficient to vary obligations prescribed by this article."
SECTION 3B-17. Said title is further amended by revising paragraph (10) of subsection (a) of Code Section 11-8-102, relating to definitions, as follows:
"(10) Reserved. 'Good faith,' for purposes of the obligation of good faith in the performance or enforcement of contracts or duties within this article, means honesty in fact and the observance of reasonable commercial standards of fair dealing."
SECTION 3B-18. Said title is further amended by revising paragraph (44) of subsection (a) of Code Section 11-9-102, relating to definitions and index of definitions, as follows:
"(44) Reserved. 'Good faith' means honesty in fact and the observance of reasonable commercial standards of fair dealing."
SECTION 3B-19. Said title is further amended by revising Code Section 11-11-101, relating to effective date and definition, as follows:
"11-11-101. Effective date; definitions. (1) This Act shall become effective at 12:01 A.M. on July 1, 1978. (2) As used in this article:
(a) 'Old Article 9 of this title' means Code Sections 11-1-105, 11-1-201(9), 11-1201(37), 11-2-107, 11-5-116, and Article 9 of this title, as they are in effect on June 30, 1978, immediately prior to the effective date of this Act. (b) 'Revised Article 9 of this title' means Code Sections 11-1-105, 11-1-201(9), 11-1201(37), 11-1-209, 11-2-107, 11-5-116, and Article 9 of this title as said provisions are enacted pursuant to this Act."
PART IIIC CONFORMING CROSS-REFERENCES
IN THE CODE TO PART IIIA SECTION 3C-1.
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Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by revising paragraph (29) of Code Section 7-1-4, relating to definitions, as follows:
"(29) 'Public sale' means a sale as defined in paragraph (31.1) of Code Section 11-1201:
(A) Held at a place reasonably available to persons who might desire to attend and submit bids; (B) At which those attending shall be given the opportunity to bid on a competitive basis; (C) At which the sale, if made, shall be made to the highest and best bidder; and (D) Except as otherwise provided in Title 11 for advertising or dispensing with the advertising of public sales, of which notice is given by advertisement once a week for two weeks in the newspaper in which the sheriff's advertisements are published in the county where the sale is to be held, and which notice shall state the day and hour, between 9:00 A.M. and 5:00 P.M., and the place of sale and shall briefly identify the goods to be sold."
SECTION 3C-2. Said title is further amended by revising paragraph (23) of Code Section 7-1-680, relating to definitions, as follows:
"(23) 'Signed' shall have the same meaning as provided in paragraph (39) of Code Section 11-1-201."
SECTION 3C-3. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by revising paragraph (8) of Code Section 10-1-622, relating to definitions, as follows:
"(8) 'Good faith' means honesty in fact and the observation of reasonable commercial standards of fair dealing in the trade as defined and interpreted in Code Section 11-1203 11-1-201."
SECTION 3C-4. Said title is further amended by revising subsection (b) of Code Section 10-12-3, relating to the applicability to electronic records and signatures relating to a transaction, as follows:
"(b) This chapter shall not apply to a transaction to the extent it is governed by: (1) A law governing the creation and execution of wills, codicils, or testamentary trusts; (2) Title 11 other than Code Sections 11-1-107 and 11-1-206 Code Section 11-1-306, Article 2, and Article 2A; or (3) The Uniform Computer Information Transactions Act."
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SECTION 3C-5. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising subsection (a) of Code Section 40-11-6, relating to sale of vehicle pursuant to foreclosure, as follows:
"(a)(1) As used in this subsection, the term 'public sale' means a sale: (A) Held at a place reasonably available to persons who might desire to attend and submit bids; (B) At which those attending shall be given the opportunity to bid on a competitive basis; (C) At which the sale, if made, shall be made to the highest and best bidder; and (D) Except as otherwise provided in Title 11 for advertising or dispensing with the advertising of public sales, of which notice is given by advertisement once a week for two weeks in the newspaper in which the sheriff's advertisements are published in the county where the sale is to be held, and which notice shall state the day and hour, between 9:00 A.M. and 5:00 P.M., and the place of sale and shall briefly identify the goods to be sold.
(2) Upon order of the court, the person holding the lien on the abandoned motor vehicle shall be authorized to sell such motor vehicle at public sale, as defined by Code Section 11-1-201."
SECTION 3C-6. Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended by revising subsection (a) of Code Section 52-7-75, relating to public sale of vessel and disposition of excess proceeds, as follows:
"(a)(1) As used in this subsection, the term 'public sale' means a sale: (A) Held at a place reasonably available to persons who might desire to attend and submit bids; (B) At which those attending shall be given the opportunity to bid on a competitive basis; (C) At which the sale, if made, shall be made to the highest and best bidder; and (D) Except as otherwise provided in Title 11 for advertising or dispensing with the advertising of public sales, of which notice is given by advertisement once a week for two weeks in the newspaper in which the sheriff's advertisements are published in the county where the sale is to be held, and which notice shall state the day and hour, between 9:00 A.M. and 5:00 P.M., and the place of sale and shall briefly identify the goods to be sold.
(2) Upon order of the court, the person holding the lien on the abandoned vessel shall be authorized to sell such vessel at public sale, as defined by Code Section 11-1-201."
PART IVA UNIFORM VOIDABLE TRANSACTIONS ACT
SECTION 4A-1.
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Chapter 2 of Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor relations, is amended by revising Article 4, relating to the "Uniform Fraudulent Transfers Act," as follows:
"ARTICLE 4
18-2-70. This article, which was formerly known and cited as the 'Uniform Fraudulent Transfers Act,' shall be known and may be cited as the 'Uniform Fraudulent Transfers Voidable Transactions Act.'
18-2-71. As used in this article, the term:
(1) 'Affiliate' means: (A) A person who directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities: (i) As a fiduciary or agent without sole discretionary power to vote the securities; or (ii) Solely to secure a debt, if the person has not exercised the power to vote; (B) A corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote by the debtor or a person who directly or indirectly owns, controls, or holds with power to vote 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities: (i) As a fiduciary or agent without sole power to vote the securities; or (ii) Solely to secure a debt, if the person has not in fact exercised the power to vote; (C) A person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or (D) A person who operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets.
(2) 'Asset' means property of a debtor, but the term does not include: (A) Property to the extent it is encumbered by a valid lien; (B) Property to the extent it is generally exempt under nonbankruptcy law; or (C) An interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one tenant.
(3) 'Claim,' except for claim for relief, means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured. (4) 'Creditor' means a person who has a claim, regardless of when the person acquired the claim, together with any successors or assigns.
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(5) 'Debt' means liability on a claim. (6) 'Debtor' means a person who is liable on a claim. (7) 'Electronic' means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (7)(8) 'Insider' includes:
(A) If the debtor is an individual: (i) A relative of the debtor or of a general partner of the debtor; (ii) A partnership in which the debtor is a general partner; (iii) A general partner in a partnership described in division (ii) of this subparagraph; or (iv) A corporation of which the debtor is a director, officer, or person in control;
(B) If the debtor is a corporation: (i) A director of the debtor; (ii) An officer of the debtor; (iii) A person in control of the debtor; (iv) A partnership in which the debtor is a general partner; (v) A general partner in a partnership described in division (iv) of this subparagraph; or (vi) A relative of a general partner, director, officer, or person in control of the debtor;
(C) If the debtor is a partnership: (i) A general partner in the debtor; (ii) A relative of a general partner in, or a general partner of, or a person in control of the debtor; (iii) Another partnership in which the debtor is a general partner; (iv) A general partner in a partnership described in division (iii) of this subparagraph; or (v) A person in control of the debtor;
(D) An affiliate, or an insider of an affiliate as if the affiliate were the debtor; and (E) A managing agent of the debtor. (8)(9) 'Lien' means a charge against or an interest in property to secure payment of a debt or performance of an obligation and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien. (10) 'Organization' means a person other than an individual. (9)(11) 'Person' means an individual, partnership, public corporation, association, organization, government or governmental subdivision or agency or instrumentality, business trust or nonprofit entity, estate, trust, or any other legal or commercial entity. (10)(12) 'Property' means anything that may be the subject of ownership. (13) '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. (11)(14) 'Relative' means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a
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spouse within the third degree as so determined and includes an individual in an adoptive relationship within the third degree. (15) 'Sign' means, with present intent to authenticate or adopt a record:
(A) To execute or adopt a tangible symbol; or (B) To attach to or logically associate with the record an electronic symbol, sound, or process. (12)(16) 'Transfer' means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset and includes payment of money, release, lease, and creation of a lien or other encumbrance. (13)(17) 'Valid lien' means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings.
18-2-72. (a) A debtor is insolvent if, at a fair valuation, the sum of the debtor's debts is greater than all of the sum of the debtor's assets, at a fair valuation. (b) A debtor who is generally not paying his or her debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. The presumption imposes on the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence. (c) A partnership is insolvent under subsection (a) of this Code section if the sum of the partnership's debts is greater than the aggregate of all of the partnership's assets, at a fair valuation, and the sum of the excess of the value of each general partner's nonpartnership assets over the partner's nonpartnership debts. (d)(c) Assets under this Code section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this article. (e)(d) Debts under this Code section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.
18-2-73. (a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person. (b) For the purposes of paragraph (2) of subsection (a) of Code Section 18-2-74 and Code Section 18-2-75, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.
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(c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.
18-2-74. (a) A transfer made or obligation incurred by a debtor is fraudulent voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:
(1) With actual intent to hinder, delay, or defraud any creditor of the debtor; or (2) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
(A) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or (B) Intended to incur, or believed or reasonably should have believed that he or she would incur, debts beyond his or her ability to pay as they became due. (b) In determining actual intent under paragraph (1) of subsection (a) of this Code section, consideration may be given, among other factors, to whether: (1) The transfer or obligation was to an insider; (2) The debtor retained possession or control of the property transferred after the transfer; (3) The transfer or obligation was disclosed or concealed; (4) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit; (5) The transfer was of substantially all the debtor's assets; (6) The debtor absconded; (7) The debtor removed or concealed assets; (8) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred; (9) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred; (10) The transfer occurred shortly before or shortly after a substantial debt was incurred; and (11) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor. (c) If a creditor is a successor or assignee, a right of action under subsection (a) or (b) of this Code section is automatically assigned to such successor or assignee. (d) A creditor making a claim for relief under subsection (a) of this Code section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
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18-2-75. (a) A transfer made or obligation incurred by a debtor is fraudulent voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation. (b) A transfer made by a debtor is fraudulent voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent. (c) If a creditor is a successor or assignee, a right of action under subsection (a) or (b) of this Code section is automatically assigned to such successor or assignee. (d) Subject to subsection (b) of Code Section 18-2-72, a creditor making a claim for relief under subsection (a) or (b) of this Code section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
18-2-76. For the purposes of this article:
(1) A transfer is made: (A) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and (B) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this article that is superior to the interest of the transferee;
(2) If applicable law permits the transfer to be perfected as provided in paragraph (1) of this Code section and the transfer is not so perfected before the commencement of an action for relief under this article, the transfer is deemed made immediately before the commencement of the action; (3) If applicable law does not permit the transfer to be perfected as provided in paragraph (1) of this Code section, the transfer is made when it becomes effective between the debtor and the transferee; (4) A transfer is not made until the debtor has acquired rights in the asset transferred; and (5) An obligation is incurred:
(A) If oral, when it becomes effective between the parties; or (B) If evidenced by a writing record, when the writing executed record signed by the obligor is delivered to or for the benefit of the obligee.
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18-2-77. (a) In an action for relief against a transfer or obligation under this article, a creditor, subject to the limitations in Code Section 18-2-78, may obtain:
(1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim; (2) An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by Chapter 3 of this title; and (3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:
(A) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property; (B) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or (C) Any other relief the circumstances may require. (b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
18-2-78. (a) A transfer or obligation is not voidable under paragraph (1) of subsection (a) of Code Section 18-2-74 against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee. (b) To the extent a transfer is avoidable in an action by a creditor under paragraph (1) of subsection (a) of Code Section 18-2-77, the following rules apply:
(1) Except as otherwise provided in this Code section, to the extent a transfer is voidable in an action by a creditor under paragraph (1) of subsection (a) of Code Section 18-2-77, the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (c) of this Code section, or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment may be entered against:
(1)(A) The first transferee of the asset or the person for whose benefit the transfer was made; or (2) Any subsequent transferee other than a (B) An immediate or mediate transferee of the first transferee, other than:
(i) A good faith transferee or obligee who took for value; or from any subsequent transferee or obligee (ii) An immediate or mediate good faith transferee of a person described in division (i) of this subparagraph. (2) Recovery pursuant to paragraph (1) of subsection (a) or subsection (b) of Code Section 18-2-77 of or from the asset transferred or its proceeds, by levy or otherwise, is available only against a person described in paragraph (1) of this subsection.
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(c) If the judgment under subsection (b) of this Code section is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require. (d) Notwithstanding voidability of a transfer or an obligation under this article, a good faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to:
(1) A lien on or a right to retain any interest in the asset transferred; (2) Enforcement of any obligation incurred; or (3) A reduction in the amount of the liability on the judgment. (e) A transfer is not voidable under paragraph (2) of subsection (a) of Code Section 182-74 or Code Section 18-2-75 if the transfer results from: (1) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or (2) Enforcement of a security interest in compliance with Article 9 of the Uniform Commercial Code, other than acceptance of collateral in full or partial satisfaction of the obligation it secures. (f) A transfer is not voidable under subsection (b) of Code Section 18-2-75: (1) To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien; (2) If made in the ordinary course of business or financial affairs of the debtor and the insider; or (3) If made pursuant to a good faith effort to rehabilitate the debtor and the transfer secured the present value given for that purpose as well as an antecedent debt of the debtor. (g) The following rules determine the burden of proving matters referred to in this Code section: (1) A party that seeks to invoke subsection (a), (d), (e), or (f) of this Code section has the burden of proving the applicability of that subsection; (2) Except as otherwise provided in paragraphs (3) and (4) of this subsection, the creditor has the burden of proving each applicable element of subsection (b) or (c) of this Code section; (3) The transferee has the burden of proving the applicability to the transferee of subparagraph (b)(1)(B) of this Code section; and (4) A party that seeks adjustment under subsection (c) of this Code section has the burden of proving the adjustment. (h) The standard of proof required to establish matters referred to in this Code section is preponderance of the evidence.
18-2-79. A cause of action with respect to a fraudulent transfer or obligation under this article is extinguished unless action is brought:
(1) Under paragraph (1) of subsection (a) of Code Section 18-2-74, within four years after the transfer was made or the obligation was incurred or, if later, within one year
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after the transfer or obligation was or could reasonably have been discovered by the claimant; (2) Under paragraph (2) of subsection (a) of Code Section 18-2-74 or subsection (a) of Code Section 18-2-75, within four years after the transfer was made or the obligation was incurred; or (3) Under subsection (b) of Code Section 18-2-75, within one year after the transfer was made or the obligation was incurred.
18-2-80. (a) In this Code section, the following rules determine a debtor's location:
(1) A debtor who is an individual is located at the individual's principal residence; (2) A debtor that is an organization and has only one place of business is located at its place of business; and (3) A debtor that is an organization and has more than one place of business is located at its chief executive office. (b) A cause of action in the nature of a claim for relief under this article is governed by the law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.
18-2-81. (a) As used in this Code section, the term:
(1) 'Protected series' means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in paragraph (2) of this subsection. (2) 'Series organization' means an organization that, pursuant to the law under which it is organized, has the following characteristics:
(A) The organic record of the organization provides for creation by the organization of one or more protected series, however denominated, with respect to specified property of the organization, and for records to be maintained for each protected series that identify the property of or associated with the protected series; (B) Debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization; or (C) Debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a protected series of the organization. (b) A series organization and each protected series of the organization is a separate person for purposes of this article, even if for other purposes a protected series is not a person separate from the organization or other protected series of the organization.
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18-2-80. 18-2-82. (a) Unless displaced by the provisions of this article, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions. (b) The provisions of this article do not create a cause of action for a governmental entity or its agent or assignee with respect to a transaction which may otherwise constitute a fraudulent transfer or obligation under this article if the transaction complies with the applicable state and federal laws concerning transfers of property in the determination of eligibility for public benefits.
18-2-83. This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting the 'Uniform Voidable Transactions Act.'
18-2-84. This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but shall not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
18-2-81. 18-2-85. (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. (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 voidable only if it is established that a fraudulent voidable transfer has occurred as described in Code Section 18-2-74 or 18-2-75, and such charitable organization had actual or constructive knowledge of the fraudulent voidable nature of the transfer. (c) The statute of limitations for a civil action with respect to a voidable transfer to a charitable organization under this Code section shall be within two years after such transfer was made."
PART IVB CONFORMING CROSS-REFERENCES TO THE UNIFORM VOIDABLE TRANSACTIONS ACT
SECTION 4B-1.
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Article 3 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations on recovery for deficiencies connected with improvements to realty and resulting injuries, is amended by revising Code Section 9-3-35, relating to actions by creditors seeking relief under Uniform Fraudulent Transfers Act, as follows:
"9-3-35. An action by a creditor seeking relief under the provisions of Article 4 of Chapter 2 of Title 18, known as the 'Uniform Fraudulent Transfers Voidable Transactions Act,' shall be brought within the applicable period set out in Code Section 18-2-79."
SECTION 4B-2. Code Section 17-14-17 of the Official Code of Georgia Annotated, relating to fraudulent transfers, is amended by revising subsection (a) as follows:
"(a) The state or the victim of a crime may institute an action against an offender pursuant to Article 4 of Chapter 2 of Title 18, the 'Uniform Fraudulent Transfers Voidable Transactions Act,' to set aside a transfer of real, personal, or other property made voluntarily by the offender on or after the date of the crime committed by the offender against the victim with the intent to:
(1) Conceal the crime or the fruits of the crime; (2) Hinder, delay, or defraud any victim; or (3) Avoid the payment of restitution."
PART V UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS LAW
SECTION 5-1.
Article 6 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to the "Uniform Enforcement of Foreign Judgments Law," is amended by adding a new subsection to Code Section 9-12-133, relating to the affidavit concerning judgment creditor and debtor and notice to the judgment debtor of filing of judgment, as follows:
"(c) The provisions of Code Section 9-11-4 shall not apply to this article."
PART VI EFFECTIVE DATE; APPLICABILITY; AND REPEALER
SECTION 6-1.
(a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 2015. (b) Part 2 of this Act shall apply to all actions filed on or after July 1, 2015, in which the recognition of a foreign-country judgment is raised. (c) Parts 3A, 3B, and 3C of this Act shall become effective on January 1, 2016. (d) The amendments made by Parts 4A and 4B of this Act shall:
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(1) Apply to a transfer made or obligation incurred on or after July 1, 2015; (2) Not apply to a transfer made or obligation incurred before July 1, 2015; (3) Not apply to a right of action that has accrued before July 1, 2015; and (4) For purposes of this subsection, a transfer is made and an obligation is incurred at the time provided in Code Section 18-7-76.
SECTION 6-2. 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 E Battles E Beasley-Teague Y Bell Y Belton E Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns E Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon E Dukes Y Dunahoo E Duncan Y Ealum Y Efstration
Ehrhart Y England Y Epps E Evans Y Fleming Y Floyd Y Fludd Y Frazier E Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser
Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra E Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain
Y Meadows Y Mitchell E Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch E Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
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On the passage of the Bill, by substitute, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 18. By Representatives Spencer of the 180th, Pruett of the 149th, Stephens of the 164th, Atwood of the 179th, Werkheiser of the 157th and others:
A BILL to be entitled an Act to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to exempt defense, aviation, space, or aerospace companies and those who work for them and who provide engineering for certain products or services from complying with the provisions of said chapter; 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 E Battles E Beasley-Teague Y Bell Y Belton E Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns E Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon E Dukes Y Dunahoo E Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans Y Fleming Y Floyd Y Fludd Y Frazier E Frye
Gardner Y Gasaway
N Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden
Y Meadows Y Mitchell E Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch E Weldon Y Werkheiser Y Wilkerson Y Wilkinson
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Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Mabra E Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain
Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 155, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 316. By Representatives Reeves of the 34th, Meadows of the 5th, Smith of the 134th and Ehrhart of the 36th:
A BILL to be entitled an Act to amend Code Section 14-7-4 of the Official Code of Georgia Annotated, relating to professional services provided by professional corporations, so as to provide that the practice of medicine and surgery and optometry shall be considered the practice of only one profession for purposes of professional corporations; 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 14-7-4 of the Official Code of Georgia Annotated, relating to professional services provided by professional corporations, so as to provide that the practice of medicine and surgery and optometry shall be considered the practice of only one profession for purposes of professional corporations; 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 14-7-4 of the Official Code of Georgia Annotated, relating to professional services provided by professional corporations, is amended by revising subsection (a) as follows:
"(a) A professional corporation may practice only one profession, but for the purpose of this chapter, (1) the practice of architecture, professional engineering, and land surveying shall be considered the practice of only one profession to the extent that existing laws permit overlapping practices by members of those specific professions not inconsistent with the ethics of the professions involved, and (2) to the extent not
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inconsistent with the ethics of the professions involved or otherwise prohibited by law, physicians specializing in ophthalmology that are practicing within their scope of practice as established by law may organize and jointly own a professional corporation with optometrists that are practicing within their scope of practice as established by law; provided, however, that nothing in this paragraph shall authorize optometrists to attach the title 'physician' to such optometrists' names or to the name of the professional 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 Y Alexander Y Allison E Anderson Y Atwood Y Ballinger Y Barr E Battles E Beasley-Teague Y Bell Y Belton E Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks E Bruce Y Bryant Y Buckner Y Burns E Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon E Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans Y Fleming Y Floyd Y Fludd Y Frazier E Frye
Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra E Marin Y Martin Y Maxwell E Mayo
Y Meadows Y Mitchell E Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch E Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
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Y Coleman E Cooke
Y Greene Y Hamilton
Y McCall Y McClain
Y Shaw Y Sims
Y Yates Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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 210. By Representatives Rogers of the 10th, Mayo of the 84th, Jasperse of the 11th, Dempsey of the 13th, Rice of the 95th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to provide for the dissemination of certain information by the Department of Driver Services; to provide for participation in an anatomical gift donation program when obtaining a personal identification card through the department; to provide for the designation of such participation on personal identification cards; to provide for the dissemination of identifying information for applicants making such election; to provide for legislative findings; to provide for the option of a voluntary contribution from applicants of personal identification cards to prevent blindness and preserve sight; 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 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the dissemination of certain information by the Department of Driver Services; to provide for participation in an anatomical gift donation program when obtaining a personal identification card through the department; to provide for the designation of such participation on personal identification cards; to provide for the dissemination of identifying information for applicants making such election; to provide for legislative findings; to provide for the option of a voluntary contribution from applicants of personal identification cards to prevent blindness and preserve sight; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended in Code Section 40-5-2, relating to information which may be disseminated by the Department of Driver Services, by revising paragraph (5) of subsection (f) as follows:
"(5) The information required to be made available to organ procurement organizations pursuant to subsection (d) of Code Section 40-5-25 and subsection (e) of Code Section 40-5-100 and for the purposes set forth in such Code section sections;"
SECTION 2. Said chapter is further amended by revising Code Section 40-5-6, relating to forms for making anatomical gifts, as follows:
"40-5-6. (a) Whenever any person applies for or requests the issuance, reissuance, or renewal of any class of driver's license or personal identification card, the department shall furnish that such person with a form, sufficient under Article 6 of Chapter 5 of Title 44, the 'Georgia Revised Uniform Anatomical Gift Act,' for the gift of all or part of the donor's body conditioned upon the donor's death. If any such person, legally authorized to execute such a gift as provided for pursuant to Code Section 44-5-142, desires to execute a gift, the department shall provide that such person with appropriate assistance and the presence of the legally required number of witnesses. (b) A notation shall be affixed to or made a part of every driver's license and personal identification card issued in this state indicating whether or not the licensee or cardholder has executed, under Article 6 of Chapter 5 of Title 44, the 'Georgia Revised Uniform Anatomical Gift Act,' a gift, by will or otherwise, of all or part of his or her body conditioned upon the donor's death."
SECTION 3. Said chapter is further amended in Code Section 40-5-25, relating to indication of participation in voluntary programs on an application for a driver's license, by revising subsection (d) and paragraph (1) of subsection (e) as follows:
"(d)(1) The General Assembly finds that it is in the best interest of the this state to encourage improved public education and awareness regarding anatomical gifts of human organs and tissues and to address the ever increasing need for donations of anatomical gifts for the benefit of the citizens of Georgia. (2) The department shall make available to those federally designated organ procurement organizations or secure data centers maintained and managed at the direction of a procurement organization information provided for in Article 6 of Chapter 5 of Title 44, the 'Georgia Revised Uniform Anatomical Gift Act,' including the name, license number, date of birth, gender, and most recent address of any person eligible pursuant to Code Section 44-5-142 who obtains an organ donor driver's license; provided, however, that the gender information shall be made available only
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to a procurement organization or secure data center if such organization or center has sufficient funds to cover the associated costs of providing such information. Information so obtained by such organizations and centers shall be used for the purpose of establishing a state-wide organ donor registry accessible to organ tissue and eye banks authorized to function as such in this state and shall not be further disseminated.
(e)(1) The General Assembly finds that it is in the best interests interest of the this state to encourage improved public education and awareness regarding blindness and to address the need for blindness prevention screenings, and treatments, and rehabilitation for the benefit of the citizens of Georgia."
SECTION 4. Said chapter is further amended in Code Section 40-5-100, relating to the issuance of personal identification cards, by revising subsection (a) and adding new subsections to read as follows:
"(a) The department shall issue personal identification cards to all residents as defined in Code Section 40-5-1 who make application to the department in accordance with rules and regulations prescribed by the commissioner. Cards issued to applicants under 21 years of age shall contain the distinctive characteristics of drivers' licenses issued pursuant to Code Section 40-5-26. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers' licenses and may contain a recent color photograph of the applicant and include the following information:
(1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Sex; (6) Height; (7) Weight; (8) Eye color; (9) Signature of person identified or facsimile thereof; and (10) Designation of participation in an anatomical gift donation program when such person is eligible to make such gift pursuant to Code Section 44-5-142; and (11) Such other information or identification as required by the department; provided, however, that the department shall not require an applicant to submit or otherwise obtain from an applicant any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means upon application." "(e)(1) The General Assembly finds that it is in the best interest of this state to encourage improved public education and awareness regarding anatomical gifts of human organs and tissues and to address the ever increasing need for donations of anatomical gifts for the benefit of the citizens of Georgia.
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(2) The department shall make available to procurement organizations or secure data centers maintained and managed at the direction of a procurement organization information provided for in Article 6 of Chapter 5 of Title 44, the 'Georgia Revised Uniform Anatomical Gift Act,' including the name, personal identification card number, date of birth, gender, and most recent address of any person who obtains an organ donor identification card; provided, however, that the gender information shall be made available only to a procurement organization or secure data center if such organization or center has sufficient funds to cover the associated costs of providing such information. Information so obtained by such organizations and centers shall be used for a state-wide organ donor registry accessible to organ tissue and eye banks authorized to function as such in this state and shall not be further disseminated. (f)(1) The General Assembly finds that it is in the best interest of this state to encourage improved public education and awareness regarding blindness and to address the need for blindness prevention screenings, treatments, and rehabilitation for the benefit of the citizens of Georgia. (2) Each application form for issuance, reissuance, or renewal of a personal identification card under this Code section shall include language permitting the applicant to make a voluntary contribution of $1.00 to be used for purposes of preventing blindness and preserving the sight of residents of this state. Any such voluntary contribution shall be made at the discretion of the applicant at the time of application in addition to payment of the personal identification card fee prescribed by the commissioner. (3) Voluntary contributions made pursuant to this subsection shall be transmitted to the Department of Public Health for use thereby in providing the blindness education, screening, and treatment program provided by Code Section 31-1-23."
SECTION 5. This Act shall become effective on January 1, 2016.
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 E Anderson Y Atwood Y Ballinger
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson
Y Meadows Y Mitchell E Morris Y Mosby Y Nimmer Y Nix
Y Smith, E Y Smith, L Y Smith, M Y Smith, R E Smyre Y Spencer
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Y Barr E Battles E Beasley-Teague Y Bell Y Belton E Bennett Y Bentley Y Benton Y Beskin
Beverly Y Broadrick Y Brockway Y Brooks E Bruce Y Bryant Y Buckner Y Burns E Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon E Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans Y Fleming Y Floyd Y Fludd Y Frazier E Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra E Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain
Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch E Weldon Y Werkheiser 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 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 362. By Representatives Clark of the 101st, Cooper of the 43rd, Fleming of the 121st, Coleman of the 97th, Carter of the 175th and others:
A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education; 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 albuterol sulfate for schools; to authorize pharmacists to fill such prescriptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
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A BILL TO 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 authorize public and private schools to stock a supply of levalbuterol sulfate; 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 local board of education policies authorizing school personnel to administer levalbuterol sulfate to students who are in perceived respiratory distress; to provide for information for school personnel; 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 levalbuterol sulfate for schools; to authorize pharmacists to fill such prescriptions; 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 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, is amended by adding a new Code section to read as follows:
"20-2-776.3. (a) As used in this Code section, the term:
(1) 'Levalbuterol sulfate' means an orally inhaled medication that contains a premeasured single dose of levalbuterol sulfate or albuterol sulfate delivered by a nebulizer or compressor device or by a pressurized metered dose inhaler used to treat perceived respiratory distress including, but not limited to, wheezing, shortness of breath, and difficulty breathing. (2) 'Licensed practitioner' means a physician licensed to practice medicine in this state, an advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-25, and a physician assistant acting pursuant to the authority of subsection (e.1) of Code Section 43-34-103. (b) A public or private school in this state may acquire and stock a supply of levalbuterol sulfate pursuant to a prescription issued in accordance with Code Section 26-4-116.3. A public or private school may designate an employee or agent trained in the possession and administration of levalbuterol sulfate to be responsible for the storage, maintenance, and distribution of the levalbuterol sulfate stocked by the school. (c) Any school employee or agent of a public or private school who has completed training or received information pursuant to subsection (c) of Code Section 20-2-776.4 in recognizing the symptoms of respiratory distress and the correct method of administering the levalbuterol sulfate may:
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(1) Provide levalbuterol sulfate to any student such employee or agent believes in good faith is experiencing a perceived respiratory distress for immediate selfadministration; or (2) Administer levalbuterol sulfate to any student such employee or agent believes in good faith is experiencing a perceived respiratory distress, regardless of whether the student has a prescription for levalbuterol sulfate. (d) A public or private school may enter into arrangements with manufacturers of approved levalbuterol sulfate or third-party suppliers of levalbuterol sulfate to obtain the products free of charge or at fair market or reduced prices. (e) No later than July 1, 2015, the State Board of Education, in consultation with the Department of Public Health, shall adopt regulations as necessary to implement the provisions of this Code section. (f)(1) Any school personnel who in good faith administers or chooses not to administer levalbuterol sulfate to a student pursuant to this Code section shall be immune from civil liability for any act or omission to act related to the administration of levalbuterol sulfate, except that such immunity shall not apply to an act of willful or wanton misconduct. (2) Any licensed practitioner who prescribes levalbuterol sulfate pursuant to Code Section 26-4-116.3 for use by a school in accordance with this Code section shall be immune from civil liability for any act or omission to act related to the administration of such levalbuterol sulfate, except that such immunity shall not apply to an act of willful or wanton misconduct.
20-2-776.4. (a) As used in this Code section, the term 'levalbuterol sulfate' means an orally inhaled medication that contains a premeasured single dose of levalbuterol sulfate or albuterol sulfate delivered by a nebulizer or compressor device or by a pressurized metered dose inhaler used to treat perceived respiratory distress including, but not limited to, wheezing, shortness of breath, and difficulty breathing. (b) Each local board of education shall adopt a policy authorizing school personnel to administer levalbuterol sulfate, if available, to a student upon the occurrence of perceived respiratory distress by the student, whether or not such student has a prescription for levalbuterol sulfate. (c) Each local board of education shall provide information to school personnel on how to recognize the symptoms of respiratory distress and the correct method of administering the levalbuterol sulfate. (d) Any school personnel who in good faith administers or chooses not to administer levalbuterol sulfate to a student pursuant to this Code section shall be immune from civil liability for any act or omission to act related to the administration of levalbuterol sulfate, except that such immunity shall not apply to an act of willful or wanton misconduct."
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SECTION 2.
Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by adding a new Code section to read as follows:
"26-4-116.3. (a) A physician licensed to practice medicine in this state, an advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-25, and a physician assistant acting pursuant to the authority of subsection (e.1) of Code Section 43-34-103 may prescribe levalbuterol sulfate or albuterol sulfate in the name of a public or private school for use in accordance with Code Section 20-2-776.3. (b) A pharmacist may dispense levalbuterol sulfate or albuterol sulfate pursuant to a prescription issued in accordance with subsection (a) 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 E Anderson Y Atwood Y Ballinger Y Barr E Battles E Beasley-Teague Y Bell Y Belton E Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks E Bruce Y Bryant Y Buckner Y Burns E Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon E Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration
Ehrhart Y England Y Epps E Evans Y Fleming Y Floyd Y Fludd Y Frazier E Frye Y Gardner Y Gasaway
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden
Y Meadows Y Mitchell E Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch E Weldon Y Werkheiser Y Wilkerson Y Wilkinson
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Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Mabra E Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain
Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 325. By Representatives Hitchens of the 161st, Tanner of the 9th, Lumsden of the 12th, Wilkinson of the 52nd, Atwood of the 179th 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 the imposition of fines; 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 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 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
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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, 2015, and which, as of such date, did not have manufacturer installed seat safety belts."
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 E Anderson Y Atwood Y Ballinger
Barr E Battles E Beasley-Teague Y Bell Y Belton E Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick N Brockway Y Brooks E Bruce Y Bryant Y Buckner Y Burns E Caldwell, J N Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas N Clark, D N Clark, H Y Clark, V Y Coleman E Cooke
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner N Dudgeon E Dukes N Dunahoo N Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans Y Fleming Y Floyd Y Fludd Y Frazier E Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon N Gravley Y Greene Y Hamilton
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser N Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra E Marin Y Martin N Maxwell E Mayo N McCall Y McClain
Y Meadows Y Mitchell E Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett N Quick Y Raffensperger N Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice N Roberts
Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Smith, E Y Smith, L Y Smith, M Y Smith, R E Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall N Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch E Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
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JOURNAL OF THE HOUSE
On the passage of the Bill, by substitute, the ayes were 133, nays 24.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 207. By Representatives Beskin of the 54th, Willard of the 51st, Pak of the 108th, Caldwell of the 131st, Quick of the 117th 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 change provisions relating to when a judge, judicial officer, grand juror, or trial juror may be disqualified from presiding or serving, as applicable, due to being related by consanguinity or affinity to a party; 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 E Battles E Beasley-Teague Y Bell Y Belton E Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks E Bruce Y Bryant Y Buckner Y Burns E Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon E Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans Y Fleming Y Floyd Y Fludd Y Frazier E Frye N Gardner Y Gasaway Y Geisinger
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra
Y Meadows Y Mitchell E Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice Y Roberts N Rogers, C Y Rogers, T Y Rutledge
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E N Trammell Y Turner Y Waites Y Watson Y Welch E Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard
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Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
E Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain
Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Williams, A Y Williams, C Y Williams, E
Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 155, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
HB 184. By Representatives Williamson of the 115th, Morris of the 156th, Fludd of the 64th, Knight of the 130th, Coomer of the 14th and others:
A BILL to be entitled an Act to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so to extensively revise said title; to provide for definitions relative to banking and finance; to provide for standards of notice for the Department of Banking and Finance; to provide for rules and regulations of the department; to provide for the deposit of funds in merchant acquirer limited purpose banks; 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 E Battles E Beasley-Teague
Bell Y Belton E Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks E Bruce Y Bryant Y Buckner Y Burns
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon E Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans Y Fleming
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley
Y Meadows Y Mitchell E Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites
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E Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Floyd Y Fludd Y Frazier E Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra E Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain
Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Watson Y Welch E Weldon Y Werkheiser 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.
HB 118. By Representatives Tanner of the 9th, Powell of the 32nd, Lumsden of the 12th and Hitchens of the 161st:
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 amend certain provisions relative to the issuance of commercial drivers' licenses and commercial drivers' instruction permits so as to comply with federal law; to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to prohibit certain activities with wireless telecommunications devices by drivers of commercial motor vehicles; 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 N Allison E Anderson Y Atwood Y Ballinger Y Barr E Battles E Beasley-Teague
Bell Y Belton E Bennett Y Bentley
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson N Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley
Y Meadows Y Mitchell E Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea
Y Smith, E Y Smith, L Y Smith, M Y Smith, R E Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall N Stover Y Strickland Y Tankersley
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Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks E Bruce Y Bryant Y Buckner Y Burns E Caldwell, J N Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman E Cooke
E Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans Y Fleming Y Floyd Y Fludd Y Frazier E Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra E Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain
N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott N Setzler Y Sharper Y Shaw Y Sims
Y Tanner N Tarvin N Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch E Weldon Y Werkheiser 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 11.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bills of the House, having been previously postponed, were again postponed until the next legislative day:
HB 71. By Representatives Tanner of the 9th, Golick of the 40th, Caldwell of the 131st, Atwood of the 179th, Oliver of the 82nd and others:
A BILL to be entitled an Act to amend Chapter 17 of Title 17 and Chapter 9 of Title 42 of the O.C.G.A., relating to the Crime Victims' Bill of Rights and pardons and paroles, respectively, so as to provide for input and transparency relative to the granting of a pardon or commutation of a death sentence to a life sentence; to change provisions relating to notifications by the State Board of Pardons and Paroles; to change provisions relating to the State Board of Pardons and Paroles procedure and information gathering when considering the grant of pardon, clemency, or commutation of a death sentence; to provide for exemptions from disclosure; to amend Code Section 50-13-9.1 of the O.C.G.A., relating to variance or waiver to rules, so as to correct an incorrect reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
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JOURNAL OF THE HOUSE
HB 192. By Representatives Powell of the 32nd and Taylor of the 79th:
A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, so as to provide that elected officials of counties, municipal corporations, school districts, and consolidated governments shall be reimbursed for expenses only through the submission of expense reimbursement requests; to prohibit an elected official of a county, municipal corporation, school district, or consolidated government from being issued or authorized to use a government purchasing card or government credit card; to provide for the promulgation of certain policies; to provide for access to certain records; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 520. By Representatives Rogers of the 29th, Parrish of the 158th, Smyre of the 135th, Ehrhart of the 36th, Williams of the 119th and others:
A RESOLUTION commending Tom Daniel for his many years of service to the State of Georgia; congratulating him upon the grand occasion of his retirement; and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 527. By Representative Cooper of the 43rd:
A RESOLUTION recognizing and commending Ms. Patricia S. King, of the Department of Human Services, Division of Aging Services, Forensic Special Investigations Unit, based upon her contributions to the law enforcement profession in Georgia, and inviting her 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 527 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
MONDAY, MARCH 2, 2015
1629
HR 527. By Representative Cooper of the 43rd:
A RESOLUTION recognizing and commending Ms. Patricia S. King, of the Department of Human Services, Division of Aging Services, Forensic Special Investigations Unit, based upon her contributions to the law enforcement profession in Georgia, and inviting her to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House and Senate were read and adopted:
HR 521. By Representative Cheokas of the 138th:
A RESOLUTION recognizing and commending Ms. Julia Caroline Bailey, outstanding Georgia citizen and Georgia Youth Equine Champion; and for other purposes.
HR 522. By Representative Cheokas of the 138th:
A RESOLUTION recognizing and commending Ms. Morgan Weaver, outstanding Georgia citizen and Georgia Youth Equine Champion; and for other purposes.
HR 523. By Representative Yates of the 73rd:
A RESOLUTION recognizing and commending Major General Thomas R. Moore on the grand occasion of his retirement; and for other purposes.
HR 524. By Representative Efstration of the 104th:
A RESOLUTION congratulating the Hebron Christian Academy boys cross country team for their victorious performance in the 2014 GHSA Class A Cross Country Championship; and for other purposes.
HR 525. By Representative Allison of the 8th:
A RESOLUTION commending Rabun County and recognizing March 3, 2015, as Rabun County Day at the state capitol; and for other purposes.
HR 526. By Representatives Gravley of the 67th, Hitchens of the 161st, Atwood of the 179th, Maxwell of the 17th, Waites of the 60th and others:
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A RESOLUTION commending E-911 directors and personnel and recognizing March 4, 2015, as E-911 Directors Day at the state capitol; and for other purposes.
SR 378. By Senators Orrock of the 36th, Miller of the 49th, Unterman of the 45th, Millar of the 40th, Lucas of the 26th and others:
A RESOLUTION honoring the life and memory of Eston Wycliffe "Wyc" Orr, Sr.; and for other purposes.
Representative Stephens of the 164th moved that the following Bill of the House be withdrawn from the Committee on State Planning & Community Affairs and recommitted to the Committee on Judiciary Non-Civil:
HB 513. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions, so as to revise provisions regarding the procedure for claims asserted against a person or entity arising from an act by that person or entity which could reasonably be construed as an act in furtherance of the right of free speech or the right to petition government for a redress of grievances; to revise definitions; to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to revise a cross-reference; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The motion prevailed.
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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 395 Do Pass
Respectfully submitted, /s/ Dollar of the 45th
Chairman
MONDAY, MARCH 2, 2015
1631
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 103 HB 310 HB 328
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute
Respectfully submitted, /s/ Golick of the 40th
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 House and has instructed me to report the same back to the House with the following recommendation:
HB 268 Do Pass, by Substitute
Respectfully submitted, /s/ Quick of the 117th
Vice-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 170 Do Pass, by Substitute
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Respectfully submitted, /s/ Roberts of the 155th
Chairman
Representative O'Neal of the 146th moved that the House stand in recess until 4:00 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 4:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.
TUESDAY, MARCH 3, 2015
1633
Representative Hall, Atlanta, Georgia
Tuesday, March 3, 2015
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:
E Abrams E Alexander
Allison E Anderson
Atwood Ballinger Barr E Battles E Beasley-Teague Belton E Bennett Benton Beskin Beverly Broadrick Brockway Brooks E Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter E Casas Chandler E Cheokas Clark, D Clark, H Clark, V Coleman E Cooke
Coomer Cooper Corbett Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration E Ehrhart England Epps E Evans Fleming Fludd Frye Gardner Gasaway Geisinger Glanton Golick Gordon Gravley Greene
Hamilton Harbin Harden Harrell Hatchett Hawkins Hightower Hitchens Holcomb Holmes Houston Howard Jackson Jasperse Jones, J Jones, J.B. Jones, L Jones, S E Jordan Kaiser Kelley Kidd Kirby Knight LaRiccia Lumsden Mabra E Marin Martin Maxwell E Mayo McCall McClain
Meadows Mitchell Morris Nimmer Nix O'Neal Pak Parrish Parsons Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick Raffensperger Rakestraw Ramsey E Randall Reeves Rhodes Rice Roberts Rogers, C Rogers, T Rutledge Rynders Sharper Shaw Sims Smith, E
Smith, L Smith, R E Smyre Spencer Stephens, M Stephens, R E Stephenson Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner Waites Watson E Welch Weldon Werkheiser 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 Bentley of the 139th, Frazier of the 126th, Hugley of the 136th, Jacobs of the 80th, Kendrick of the 93rd, Mosby of the 83rd, Oliver of the 82nd, Scott of the 76th, and Stovall of the 74th.
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They wished to be recorded as present.
Prayer was offered by Reverend Brian Patrick, Pastor, Calvary's Grace Baptist Church, Ailey, 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.
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 514. By Representatives Bruce of the 61st, Fludd of the 64th, Kaiser of the 59th, Mabra of the 63rd, Jones of the 53rd and others:
A BILL to be entitled an Act to incorporate the City of South Fulton in Fulton County; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
TUESDAY, MARCH 3, 2015
1635
HB 516. By Representatives Hitchens of the 161st and Burns of the 159th:
A BILL to be entitled an Act to amend an Act to reconstitute the board of education for the Effingham County School District, approved March 26, 1987 (Ga. L. 1987, p. 4596), as amended, so as to change the compensation for members of the board; 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 517. By Representative Corbett of the 174th:
A BILL to be entitled an Act to amend an Act to provide for the election of the members of the board of education of Echols County, approved April 10, 1968 (Ga. L. 1968, p. 3514), so as to provide that the members of the board of education shall be elected in nonpartisan elections; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 518. By Representatives Corbett of the 174th, Spencer of the 180th and Shaw of the 176th:
A BILL to be entitled an Act to amend an Act creating the Satilla Regional Water and Sewer Authority, previously known as the Ware County Water and Sewer Authority, approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, so as to revise the manner of selection of the members of the authority; to repeal provisions regarding receipts for payments, late fees, service disconnection, and service reconnection; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 521. By Representatives Raffensperger of the 50th, Jones of the 47th, Willard of the 51st, Geisinger of the 48th, Martin of the 49th 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 two-year phase-in period; to provide for applicability; to provide for a referendum, effective
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dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 522. By Representatives Raffensperger of the 50th, Jones of the 47th, Willard of the 51st, Geisinger of the 48th, Beskin of the 54th and others:
A BILL to be entitled an Act to provide a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $30,000.00 of the assessed value of the homestead after a two-year phase in for certain residents of that county 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 523. By Representative Nimmer of the 178th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, so as to change the corporate limits of such city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 524. By Representative Fleming of the 121st:
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 trade name registry; to provide for duties of clerks of superior courts; to provide for fees; to correct cross-references; to provide for an automatic repeal; to provide for revised fees on and after January 1, 2021; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
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HB 525. By Representatives Mitchell of the 88th and Stephens of the 165th:
A BILL to be entitled an Act to amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to charter schools, so as to provide for certain accountability requirements for charter schools; to provide for legislative findings; to provide for disfavored practices with respect to assessments; to provide for transparency regarding assessments; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 526. By Representative Buckner of the 137th:
A BILL to be entitled an Act to reincorporate the City of Talbotton in Talbot County; to provide for a new charter for the City of Talbotton; to provide for severability; to repeal a specific law; 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 Willard of the 51st, Jones of the 47th, Bruce of the 61st, Wilkinson of the 52nd, Beskin of the 54th and others:
A BILL to be entitled an Act to repeal an Act entitled "An Act to repeal an Act entitled 'An Act to provide for a budget in all counties in this state having a population of two hundred thousand or more by the United States census of 1930, or by any future census; to define the word 'authorities' as used herein; for the publication of the proposed budget, the adoption of the budget and publication of the final budget as adopted... and for other purposes,' approved March 16, 1939, appearing in Georgia Laws 1939 pp. 272-276, and all Acts amendatory thereto; and for other purposes" approved March 2, 1953 (Ga. L. 1953, p. 2815), and all Acts amendatory thereto; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 528. By Representative Tarvin of the 2nd:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Chickamauga in Walker County, Georgia, approved April 10, 2014 (Ga. L. 2014, p. 4218), so as to revise the duties and responsibilities of the city manager and the chief of police; to provide for related matters; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Intragovernmental Coordination - Local.
HB 529. By Representatives Waites of the 60th, Fludd of the 64th, Thomas of the 56th and Gordon of the 163rd:
A BILL to be entitled an Act to amend Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services, so as to require the commissioning of a disparity study to determine the level of participation of women and minority businesses in state contracting; to require establishment of programs and goals based on the results of such study; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 528. By Representative Prince of the 127th:
A RESOLUTION honoring the life and memory of Mr. Ozzie M. Hannah and dedicating a road in his honor; and for other purposes.
Referred to the Committee on Transportation.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the Committees:
HB 538. By Representatives Turner of the 21st, Caldwell of the 20th, Drenner of the 85th, Floyd of the 99th, Raffensperger of the 50th and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 12 of Title 24 of the Official Code of Georgia Annotated, relating to medical and other confidential information, so as to provide an exception for confidentiality of veterinarian records necessary for medical treatment of an individual; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 539. By Representatives Dawkins-Haigler of the 91st, Kendrick of the 93rd, Anderson of the 92nd and Bennett of the 94th:
A BILL to be entitled an Act to incorporate the City of Stonecrest in DeKalb County; to provide for a charter for the City of Stonecrest; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates and transitional provisions governing the transfer of
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various functions and responsibilities from DeKalb County to the City of Stonecrest; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 540. By Representatives Dollar of the 45th, Ramsey of the 72nd, Kelley of the 16th and Petrea of the 166th:
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 clarify the number of members of the Senate Interstate Cooperation Committee and the House Committee on Interstate Cooperation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Interstate Cooperation.
HB 541. By Representatives Barr of the 103rd, Casas of the 107th, Kelley of the 16th, Caldwell of the 20th and Mabra of the 63rd:
A BILL to be entitled an Act to amend Code Section 46-5-1 of the Official Code of Georgia Annotated, relating to exercise of power of eminent domain by telephone companies, placement of posts and other fixtures, regulation of construction of fixtures, posts, and wires near railroad tracks, liability of telephone companies for damages, required information, and due compensation, so as to specify the accounts or portions thereof considered to be included as part of the term "actual recurring local service revenues"; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Code Revision.
By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:
HB 3 HB 503 HB 508 HB 510 HB 512 HB 515 HB 520 SB 88 SB 139
HB 40 HB 507 HB 509 HB 511 HB 513 HB 519 HR 519 SB 94
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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 House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 397 HB 450 SB 139
Do Pass, by Substitute Do Pass Do Pass, by Substitute
Respectfully submitted, /s/ McCall of the 33rd
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:
HB 16 HB 271 HB 372 SB 2
Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass
HB 131 HB 296 HR 303
Do Pass, by Substitute Do Pass, by Substitute 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:
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HB 34 HB 288 HB 436 HB 511
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass
HB 240 HB 416 HB 504
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute
Respectfully submitted, /s/ Cooper of the 43rd
Chairman
Representative Tankersley of the 160th 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 478 HB 489 HB 493
Do Pass Do Pass Do Pass
HB 479 HB 490 HB 495
Do Pass Do Pass Do Pass
Respectfully submitted, /s/ Tankersley of the 160th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR TUESDAY, MARCH 3, 2015
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
HB 82
Oconee River Greenway Authority; certain members to appoint a designee; allow (Substitute)(NR&E-Kidd-145th)
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Modified Open Rule
HB 147
HB 252 HB 315
Motor vehicles; initial two-year registration period for certain vehicles; provide (Substitute)(MotV-Powell-32nd) J. Calvin Hill, Jr., Act; enact (Substitute)(CR-Caldwell-20th) Technical and adult education; change name of Technical College System of Georgia to Georgia Career College System; provisions (HEd-Nimmer178th)
Modified Structured Rule
HB 183 HB 190
HB 195
Home Care Patient Protection Act; enact (Substitute)(H&HS-Knight-130th) Insurance; provide requirements for transportation network companies and their drivers; provisions (Substitute)(Ins-Golick-40th) Pharmacists and pharmacies; substitutions of interchangeable biological products; provide (Substitute)(H&HS-Cooper-43rd)
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 478. By Representative Parrish of the 158th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4975), so as to provide for staggered terms for the commissioners; to provide for currently serving commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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HB 479. By Representatives Dickey of the 140th and Peake of the 141st:
A BILL to be entitled an Act to create the City of Forsyth Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation, to have the responsibility and authority to promote tourism, trade, and conventions in the City of Forsyth, Georgia; to provide for creation and organization of the authority; to provide for a purpose; to provide for powers, duties, and authority; to provide for a board of directors, membership, terms of office, and removal from office; to provide for an executive director and his or her duties and powers; to provide for meetings; to limit liability; to provide for a budget and finances; to provide for oversight; to provide that the city not be bound; to provide definitions; to provide a short title; 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 489. By Representatives Ballinger of the 23rd, Carson of the 46th, Caldwell of the 20th, Cantrell of the 22nd and Turner of the 21st:
A BILL to be entitled an Act to amend an Act entitled "An Act to create the State Court of Cherokee County," approved April 15, 1996 (Ga. L. 1996, p. 4427), as amended, so as to provide for the appointment of solicitor-general investigators; to provide for qualifications; to provide for powers; to provide for a chief investigator; to 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 490. By Representatives Ballinger of the 23rd, Carson of the 46th, Caldwell of the 20th, Cantrell of the 22nd and Turner of the 21st:
A BILL to be entitled an Act to provide for the appointment of district attorney investigators in the Blue Ridge Judicial Circuit; to provide for qualifications; to provide for powers; to provide for a chief investigator; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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HB 493. By Representatives Jones of the 167th and Atwood of the 179th:
A BILL to be entitled an Act to authorize the City of Brunswick 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 495. By Representatives Ramsey of the 72nd, Mabra of the 63rd, Yates of the 73rd, Stover of the 71st and Fludd of the 64th:
A BILL to be entitled an Act to authorize the City of Peachtree City 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.
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 E Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr E Battles Y Beasley-Teague Y Bell Y Belton
Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler
Deffenbaugh Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard
Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T
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Y Brockway Y Brooks E Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler E Cheokas Y Clark, D Y Clark, H Y Clark, V E Coleman E Cooke
Y Efstration E Ehrhart Y England Y Epps E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra E Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain
Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sims
Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson E Welch
Weldon Y Werkheiser 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 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. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 101. By Senators Watson of the 1st, Jackson of the 2nd, Ligon, Jr. of the 3rd, Williams of the 19th, Tolleson of the 20th and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to the control of soil erosion and sedimentation, so as to provide for a buffer against coastal marshlands within which certain land-disturbing activities are prohibited; to provide for exceptions and variances; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
SB 108. By Senators Martin of the 9th, McKoon of the 29th, Harbison of the 15th, Jones of the 25th, Ramsey, Sr. of the 43rd and others:
A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to provide the requirements for maintaining a risk
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management framework and provide guidance and instructions for filing for an Own Risk and Solvency Assessment and report with the Commissioner; to provide for legislative intent; to provide for a purpose; to provide for definitions; to provide for standards and timing of reports; to provide for exemptions; to provide for confidentiality of reports; to provide for the Commissioner's duties and powers; to provide for penalties; to provide for the redesignation of certain code provisions and conforming changes; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 125. By Senators Beach of the 21st, Williams of the 19th, Gooch of the 51st and Mullis of the 53rd:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to authorize the collection of tolls for the management of traffic flow; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for definitions; to provide for the installation of managed lane signs, barriers, or gates; to prohibit entry or exit of a managed lane under certain conditions; to authorize the development of a system of managed lanes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 305. By Representative Jackson of the 128th:
A BILL to be entitled an Act to create the Sandersville School Building Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, and powers; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for the transfer of property; to repeal conflicting laws; and for other purposes.
HB 329. By Representatives Reeves of the 34th, Carson of the 46th, Evans of the 42nd, Setzler of the 35th, Thomas of the 39th and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved May 6, 2013 (Ga. L. 2013, p. 4234), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 4106), so as to
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1647
change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes.
HB 371. By Representatives Corbett of the 174th, Shaw of the 176th, Sharper of the 177th and Carter of the 175th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Lake Park, approved April 17, 1973 (Ga. L. 1973, p. 3074), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4123), so as to provide for the election and terms of office of the mayor and councilmen; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 379. By Representatives Dickerson of the 113th, Welch of the 110th, Rutledge of the 109th and Belton of the 112th:
A BILL to be entitled an Act to authorize the City of Porterdale 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.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 101. By Senators Watson of the 1st, Jackson of the 2nd, Ligon, Jr. of the 3rd, Williams of the 19th, Tolleson of the 20th and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to the control of soil erosion and sedimentation, so as to provide for a buffer against coastal marshlands within which certain land-disturbing activities are prohibited; to provide for exceptions and variances; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
SB 108. By Senators Martin of the 9th, McKoon of the 29th, Harbison of the 15th, Jones of the 25th, Ramsey, Sr. of the 43rd and others:
A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to provide the requirements for maintaining a risk
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management framework and provide guidance and instructions for filing for an Own Risk and Solvency Assessment and report with the Commissioner; to provide for legislative intent; to provide for a purpose; to provide for definitions; to provide for standards and timing of reports; to provide for exemptions; to provide for confidentiality of reports; to provide for the Commissioner's duties and powers; to provide for penalties; to provide for the redesignation of certain code provisions and conforming changes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
SB 125. By Senators Beach of the 21st, Williams of the 19th, Gooch of the 51st and Mullis of the 53rd:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to authorize the collection of tolls for the management of traffic flow; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for definitions; to provide for the installation of managed lane signs, barriers, or gates; to prohibit entry or exit of a managed lane under certain conditions; to authorize the development of a system of managed lanes; 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.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Teasley of the 37th, Taylor of the 79th et al., Roberts of the 155th, Anderson of the 92nd, Smyre of the 135th et al., Maxwell of the 17th, Jackson of the 128th, Dollar of the 45th, Prince of the 127th, Smith of the 70th, Golick of the 40th, Allison of the 8th, Harden of the 148th, Beskin of the 54th, Ralston of the 7th, and Coleman of the 97th.
Pursuant to HR 527, the House recognized and commended Ms. Patricia S. King, of the Department of Human Services, Division of Aging Services, Forensic Special Investigations Unit, based upon her contributions to the law enforcement profession in Georgia, and invited her to be recognized by the House of Representatives.
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Pursuant to HR 404, the House commended the Miss Georgia Peach Scholarship Pageant and the 2014 Georgia Peach Queens and invited them to be recognized by the House of Representatives.
Pursuant to HR 288, the House commended the College of Coastal Georgia, recognized March 3, 2015, as College of Coastal Georgia Day at the Capitol, and invited its faculty, staff, and students 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 195. By Representatives Cooper of the 43rd, Randall of the 142nd, Kelley of the 16th, Dempsey of the 13th, Rynders of the 152nd and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for substitutions of interchangeable biological products; to define certain terms; to provide for requirements and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for substitutions of interchangeable biological products; to define certain terms; to provide for requirements and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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 adding new paragraphs to read as follows:
"(1.1) 'Biological product' means a biological product as defined in subsection (i) of section 351 of the Public Health Service Act, 42 U.S.C. Section 262." "(18.2) 'Interchangeable biological product' means a biological product that the federal Food and Drug Administration has determined meets the standards set forth in subsection (k)(4) of 42 U.S.C. Section 262 or has been deemed therapeutically equivalent by the federal Food and Drug Administration."
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SECTION 2.
Said chapter is further amended by revising Code Section 26-4-81, relating to substitution of generic drugs for brand name drugs, as follows:
"26-4-81. (a) In accordance with this Code section, a pharmacist may substitute:
(1) A a drug with the same generic name in the same strength, quantity, dose, and dosage form as the prescribed brand name drug product which is, in the pharmacist's reasonable professional opinion, pharmaceutically equivalent; or (2) A biological product with an interchangeable biological product. (b) If a practitioner of the healing arts prescribes: (1) A a drug by its generic name, the pharmacist shall dispense the lowest retail priced drug product which is in stock and which is, in the pharmacist's reasonable professional opinion, pharmaceutically equivalent; or (2) A biological product by its nonproprietary name, the pharmacist shall dispense the lowest retail priced interchangeable biological product which is in stock. (c) Substitutions as provided for in subsections (a) and (b) of this Code section are authorized for the express purpose of making available to the consumer the lowest retail priced: (1) Drug drug product which is in stock and which is, in the pharmacist's reasonable professional opinion, both therapeutically equivalent and pharmaceutically equivalent; or (2) Interchangeable biological product which is in stock. (d)(1) Whenever a substitution is made, the pharmacist shall record on the original prescription the fact that there has been a substitution and the identity of the dispensed drug product or interchangeable biological product and its manufacturer. Such prescription shall be made available for inspection by the board or its representative in accordance with the rules of the board. (2) If a pharmacist substitutes a generic drug product for a brand name prescribed drug product when dispensing a prescribed medication, the brand name and the generic name of the drug product, with an explanation of 'generic for (insert name of brand name prescribed drug product)' or similar language to indicate substitution has occurred, must appear on the prescription label and be affixed to the container or an auxiliary label, unless the prescribing practitioner indicated that the name of the drug may not appear upon the prescription label; provided, however, that this paragraph shall not apply to medication dispensed for in-patient hospital services or to medications in specialty packaging for dosing purposes as defined by the board. (3) If a pharmacist substitutes an interchangeable biological product for a prescribed biological product when dispensing a prescribed medication, the name of the interchangeable biological product, with an explanation of 'interchangeable biological product for (insert name of prescribed biological product)' or similar language to indicate substitution has occurred, must appear on the prescription label and be affixed to the container or an auxiliary label, unless the prescribing practitioner indicated that the name of the biological product may not appear upon the prescription
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label; provided, however, that this paragraph shall not apply to biological products dispensed for in-patient hospital services, to hospital administered biological products for outpatients, or to biological products in specialty packaging for dosing purposes as defined by the board. This paragraph shall apply to hospital retail pharmacies and to any biological products dispensed by a hospital for a patient's use or administration at home. (e) The substitution of any drug or biological product by a registered pharmacist pursuant to this Code section does not constitute the practice of medicine. (f) A patient for whom a prescription drug or biological product order is intended may instruct a pharmacist not to substitute a generic name drug in lieu of a brand name drug or an interchangeable biological product in lieu of a prescribed biological product. (g) A practitioner of the healing arts may instruct the pharmacist not to substitute a generic name drug in lieu of a brand name drug or an interchangeable biological product in lieu of a prescribed biological product by including the words 'brand necessary' in the body of the prescription. When a prescription is a hard copy prescription drug or biological product order, such indication of brand necessary must be in the practitioner's own handwriting and shall not be printed, applied by rubber stamp, or any such similar means. When the prescription is an electronic prescription drug or biological product order, the words 'brand necessary' are not required to be in the practitioner's own handwriting and may be included on the prescription in any manner or by any method. When a practitioner has designated 'brand necessary' on an electronic prescription drug or biological product order, a generic drug or interchangeable biological product shall not be substituted without the practitioner's express consent, which shall be documented by the pharmacist on the prescription and by the practitioner in the patient's medical record. (h) Within 48 hours, excluding weekends and holidays, following the dispensing of a biological product, the dispensing pharmacist or the pharmacist's designee shall communicate to the prescriber the specific product provided to the patient, including the name of the biological product and the manufacturer. The communication shall be conveyed by making an entry into an interoperable electronic medical records system or through electronic prescribing technology or a pharmacy record that is electronically accessible by the prescriber. Otherwise, the pharmacist shall communicate the biological product dispensed to the prescriber by using facsimile, telephone, electronic transmission, or other prevailing means, provided that communication shall not be required where: (1) There is no interchangeable biological product approved by the federal Food and Drug Administration for the prescribed product; or (2) A refill prescription is not changed from the product dispensed on the prior filling of the prescription. (i) The board shall maintain a link on its website to the current list of all biological products determined by the federal Food and Drug Administration to be interchangeable with a specific biological product.
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(j) Code Section 26-4-118, 'The Pharmacy Audit Bill of Rights,' shall apply to biological products and interchangeable biological products dispensed pursuant to 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:
E Abrams E Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr E Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks
Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler E Cheokas Y Clark, D Y Clark, H Y Clark, V E Coleman E Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra E Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T E Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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 0.
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The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 183. By Representatives Knight of the 130th, Petrea of the 166th, Peake of the 141st, Dempsey of the 13th, Randall of the 142nd and others:
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 include contractual arrangements with licensed independent contractors; to revise exempt services; to provide for a short title; 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 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 provide for a short title; 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 "Home Care Patient Protection Act."
SECTION 2. Article 13 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to private home care providers, is amended by revising paragraph (4) of Code Section 31-7300, relating to definitions, as follows:
"(4) 'Private home care provider' means any person, business entity, corporation, or association, whether operated for profit or not for profit, that directly provides or makes provision for private home care services through:
(A) Its own employees or agents who provide nursing services, personal care tasks, or companion or sitter tasks; (B) Contractual arrangements with independent contractors who are health care professionals licensed pursuant to Title 43; or (C) Referral of other persons to render home care services, when the individual making the referral has ownership or financial interest in the delivery of those services by those other persons who would deliver those services."
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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
E Abrams E Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr E Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler E Cheokas Y Clark, D Y Clark, H Y Clark, V E Coleman E Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight
LaRiccia Y Lumsden Y Mabra E Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal N Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick N Raffensperger
Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T E Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 162, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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HB 190. By Representatives Golick of the 40th, Smith of the 134th, Maxwell of the 17th and Powell of the 32nd:
A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide insurance requirements for transportation network companies and their drivers; to provide for definitions; to provide for minimum liability limits; to provide for certain disclosures; to provide for certain notifications; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide insurance requirements for transportation network companies and their drivers; to provide for definitions; to provide for minimum liability limits; to provide for certain disclosures; to provide for certain notifications; 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 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding a new Code section to read as follows:
"33-1-24. (a) As used in this Code section, the term:
(1) 'Personal vehicle' means a registered motor vehicle that is used by a transportation network company driver in connection with providing services for a transportation network company. (2) 'Transportation network company' means a corporation, partnership, sole proprietorship, or other entity that uses a digital network or other means to connect customers to transportation network company drivers for the purposes of providing transportation for compensation including, but not limited to, payment, donation, or other item of value. The term shall not include emergency or nonemergency medical transports. (3) 'Transportation network company customer' or 'customer' means an individual who uses a transportation network company to connect with a driver to obtain services in such driver's personal vehicle, from an agreed upon point of departure to an agreed upon destination. (4) 'Transportation network company driver' or 'driver' means an individual who uses or permits to be used his or her personal vehicle to provide transportation network
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company services. Such driver need not be an employee of a transportation network company. (5) 'Transportation network company services' or 'services' means:
(A) The period of time a driver is logged on to the transportation network company's digital network until the driver is logged off, except for that time period described in subparagraph (B) of this paragraph; and (B) The period of time a driver accepts a ride request on the transportation network company's digital network until the driver completes the transaction or the ride is complete, whichever is later. Transportation network company services shall not include transportation provided using a taxi, a limousine carrier as defined in Code Section 40-1-151, or any other commercially registered motor vehicle and commercially licensed driver. (b) A transportation network company shall maintain or cause to be maintained a primary motor vehicle insurance policy that: (1) Recognizes the driver as a transportation network company driver and explicitly covers the driver's provision of transportation network company services as defined in paragraph (5) of subsection (a) of this Code section; (2) During the time period defined in subparagraph (a)(5)(A) of this Code section, provides a minimum of $300,000.00 for bodily injuries to or death of all persons in any one accident with a maximum of $100,000.00 for bodily injuries to or death of one person and $50,000.00 for loss of or damage to property of others, excluding cargo, in any one accident; (3) During the time period defined in subparagraph (a)(5)(B) of this Code section, provides a minimum of $1 million for death, personal injury, and property damage per occurrence and provides uninsured and underinsured motorist coverage of at least $1 million per incident; and (4) During the time period defined in subparagraphs (a)(5)(A) and (a)(5)(B) of this Code section, provides first-party coverage to a registered owner of the personal vehicle at not less than the same limits, deductibles, and coverage options purchased by the registered owner on his or her personal vehicle insurance policy. (c) The requirements of subsection (b) of this Code section may be satisfied by either: (1) A commercial motor vehicle insurance policy purchased by the transportation network company or the driver that provides coverage that meets the requirements set forth in subsection (b) of this Code section; or (2) An insurance rider to, an endorsement of, or an express provision of coverage for transportation network company services within the driver's personal private passenger motor vehicle insurance policy required by Code Section 40-9-34 which may be combined with an excess policy provided by the transportation network company to meet the requirements set forth in subsection (b) of this Code section. (d) A transportation network company that purchases an insurance policy to satisfy any of the requirements under subsection (b) of this Code section shall provide the insurance policy to the Commissioner.
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(e) An insurance policy required by subsection (b) of this Code section shall be placed with an insurer licensed under this title or with a surplus lines insurer eligible under Chapter 23 of this title. (f) To the extent the coverage requirements in subsection (b) of this Code section are met by a driver, then such driver shall submit verification of such coverage to the transportation network company. In the event that the insurance maintained by a driver to fulfill the requirements of subsection (b) of this Code section has lapsed or ceases to exist, then the transportation network company shall provide coverage which shall become primary beginning with the first dollar of a claim.
(g)(1) Nothing in this Code section shall be construed to require a personal vehicle insurance policy to provide primary or excess coverage for transportation network company services. (2) During the period of time transportation network company services are being provided, all of the following shall apply:
(A) The driver's personal vehicle insurance policy shall not provide any coverage to the driver or any third party, unless the policy expressly provides for such coverage during the time period specified in this paragraph, with or without a separate charge, or the policy contains an amendment or endorsement to provide such coverage, for which a separately stated premium is charged; (B) The driver's personal vehicle insurance policy shall not have the duty to defend or indemnify for transportation network company services, unless the policy expressly provides otherwise for the time period specified in this paragraph, with or without a separate charge, or the policy contains an amendment or endorsement to provide such coverage, for which a separately stated premium is charged; and (C) Notwithstanding any other law, a personal vehicle insurer may, at its discretion, offer a personal vehicle insurance policy, or an amendment or endorsement to an existing policy, that covers a driver's vehicle while being used for transportation network company services only if the policy expressly provides for such coverage during the time period specified in this paragraph, with or without a separate charge, or the policy contains an amendment or an endorsement to provide such coverage, for which a separately stated premium may be charged. (h) The transportation network company shall comply with the following requirements for each driver: (1) The driver shall be provided a disclosure from the transportation network company containing: (A) All information and documentation required for compliance with Code Section 40-6-10 if the transportation network company provides any insurance policy required by subsection (b) of this Code section; (B) Notice that the driver's personal vehicle insurance policy may exclude any and all coverage for injuries to the driver and to others and may exclude the duty to defend or indemnify any person or organization for liability for any loss or injury that occurs while providing transportation network company services; and
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(C) Notice that the driver's personal vehicle insurance policy may exclude coverage for damage to the personal vehicle, medical payments coverage, uninsured and underinsured motorist coverage, and other first-party claims; (2) Such transportation network company shall make the following disclosure to a driver in the driver's terms of service: 'If the vehicle with which you provide transportation network company services has a lien against it, you must notify the lienholder that you provide transportation network company services with such vehicle. Providing such transportation network company services may violate the terms of your contract with the lienholder.'; (3) The transportation network company shall include the disclosures required by this subsection in the driver's terms of service in a distinctive clause and shall require a separate acknowledgment by such driver of these terms by electronic signature or by handwritten signature; and (4) For purposes of claims coverage investigation and upon request of the transportation network company driver's personal vehicle insurer, the transportation network company shall provide, within 15 calendar days of such insurer's request, the date and times at which an accident occurred that involved a transportation network company driver and the precise times in the 24 hours preceding and following the accident that the driver logged on and off the transportation network company network or application or otherwise signified availability to provide transportation network company services. (i) In the event the transportation network company is providing primary insurance coverage under subsection (b) of this Code section, the transportation network company shall assume the costs of defense and indemnification for a claim in which a dispute exists as to whether the loss or injury giving rise to the claim occurred while a personal vehicle was available to provide transportation network company services. The transportation network company shall notify the driver and the driver's insurer of any such dispute within 25 business days of receiving notice of the accident that gives rise to such claim. (j) In the event the transportation network company is providing primary insurance coverage under subsection (b) of this Code section and the driver or the driver's insurer is named as a defendant in a civil action for any loss or injury that occurs while a personal vehicle is available to provide transportation network company services, the transportation network company shall have the duty to defend and indemnify the driver and the driver's insurer."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
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On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
E Abrams E Alexander N Allison N Anderson Y Atwood Y Ballinger Y Barr E Battles N Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler E Cheokas N Clark, D N Clark, H Y Clark, V Y Coleman E Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans N Fleming Y Floyd N Fludd Y Frazier N Frye N Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
N Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston N Howard Y Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. N Jones, L Y Jones, S Y Jordan N Kaiser N Kelley Y Kendrick Y Kidd N Kirby Y Knight Y LaRiccia Y Lumsden N Mabra E Marin Y Martin Y Maxwell E Mayo Y McCall N McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake N Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge
Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R
Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T E Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner
Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 141, nays 26.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 82. By Representative Kidd of the 145th:
A BILL to be entitled an Act to amend Code Section 12-3-402 of the Official Code of Georgia Annotated, relating to the Oconee River Greenway Authority, so as to allow certain members to appoint a designee; to repeal conflicting laws; and for other purposes.
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The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 12-3-402 of the Official Code of Georgia Annotated, relating to the Oconee River Greenway Authority, so as to add a member; to allow certain members to appoint a designee; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 12-3-402 of the Official Code of Georgia Annotated, relating to the Oconee River Greenway Authority, is amended by revising subsection (b) as follows:
"(b) The authority shall consist of the commissioner of natural resources or the designee thereof, the director of the State Forestry Commission or the designee thereof, the mayor of Milledgeville or the designee thereof, the president of Georgia Military College or the designee thereof, the president of Georgia College and State University or the designee thereof, the chairperson of the governing authority of each county which is in the geographic jurisdiction of the authority or the designee thereof, and no more than four residents of each county which is in the geographic jurisdiction of the authority who have training or experience in biology, botany, or environmental science and who shall be appointed by the chairperson of the governing authority of such county."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
E Abrams E Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr E Battles Y Beasley-Teague Y Bell Y Belton Y Bennett
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner
Y Harbin Y Harden
Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake
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
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Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler E Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra E Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain
Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T E Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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.
HB 147. By Representatives Powell of the 32nd, Knight of the 130th, Peake of the 141st and Hatchett of the 150th:
A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for an initial two-year registration period for certain vehicles; to provide for certain fees; 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 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for an initial two-year registration period for certain vehicles; to provide for certain fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by revising Code Section 40-2-20, relating to registration and license requirements, as follows:
"40-2-20. (a)(1)(A) Except as provided in subsection subsections (b) and (d) of this Code section and subsection (a) of Code Section 40-2-47, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, during the owner's registration period in each year, register such vehicle as provided in this chapter and obtain a license to operate it for the 12 month period until such person's next registration period. (B)(i) The purchaser or other transferee owner of every new or used motor vehicle, including tractors and motorcycles, or trailer shall register such vehicle as provided in Code Section 40-2-8 and obtain or transfer as provided in this chapter a license to operate it for the period remaining until such person's next registration period which immediately follows such initial registration period, without regard to whether such next registration period occurs in the same calendar year as the initial registration period or how soon such next registration period follows the initial registration period; provided, however, that this registration and licensing requirement does not apply to a dealer which acquires a new or used motor vehicle and holds it for resale. The commissioner may provide by rule or regulation for one 30 day extension of such initial registration period which may be granted by the county tag agent if the transferor has not provided such purchaser or other transferee owner with a title to the motor vehicle more than five business days prior to the expiration of such initial registration period. The county tag agent shall grant an extension of the initial registration period when the transferor, purchaser, or transferee can demonstrate by affidavit in a form provided by the commissioner that title has not been provided to the purchaser or transferee due to the failure of a security interest or lienholder to timely release a security interest or lien in accordance with Code Section 40-3-56. (ii) No person, company, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the last certificate of registration on such vehicle at the time of such sale or transfer; provided, however, that in the case of a salvage motor vehicle or a motor vehicle which is stolen but subsequently recovered by the insurance company after payment of a total loss claim, the salvage dealer or insurer, respectively, shall not be required to provide the certificate of registration for such vehicle; and provided, further, that in the case of a repossessed motor vehicle or a court ordered sale or other involuntary transfer, the lienholder or the transferor shall not be required to provide the certificate of registration for such vehicle but shall, prior to the sale of such
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vehicle, surrender the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail or statutory overnight delivery for cancellation. (2) An application for the registration of a motor vehicle may not be submitted separately from the application for a certificate of title for such motor vehicle, unless a certificate of title has been issued in the owner's name, has been applied for in the owner's name, or the motor vehicle is not required to be titled. An application for a certificate of title for a motor vehicle may be submitted separately from the application for the registration of such motor vehicle. (b) Subsection (a) of this Code section shall not apply: (1) To any motor vehicle or trailer owned by the state or any municipality or other political subdivision of this state and used exclusively for governmental functions except to the extent provided by Code Section 40-2-37; (2) To any tractor or three-wheeled motorcycle used only for agricultural purposes; (2.1) To any vehicle or equipment used for transporting cargo or containers between and within wharves, storage areas, or terminals within the facilities of any port under the jurisdiction of the Georgia Ports Authority when such vehicle or equipment is being operated upon any public road not part of The Dwight D. Eisenhower System of Interstate and Defense Highways by the owner thereof or his or her agent within a radius of ten miles of the port facility of origin and accompanied by an escort vehicle equipped with one or more operating amber flashing lights that are visible from a distance of 500 feet; (3) To any trailer which has no springs and which is being employed in hauling unprocessed farm products to their first market destination; (4) To any trailer which has no springs, which is pulled from a tongue, and which is used primarily to transport fertilizer to a farm; (5) To any electric powered personal transportation vehicle; (6) To any moped; or (7) To any golf car. (c) Any person who fails to register a new or used motor vehicle as required in subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $100.00. (d) Upon the payment of the requisite fee, the purchaser of a new motor vehicle passenger car, as such terms are defined in paragraphs (34) and (41) of Code Section 40-1-1, for which such purchaser has paid state and local title ad valorem taxes may choose to register such passenger car for an initial period of two years instead of the annual registration provided for in this Code section provided that the motor vehicle owner does not elect a prestige or special license plate. Thereafter, such passenger car shall be subject to the annual registration requirements of this Code section."
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SECTION 2.
Said chapter is further amended by adding a new subsection to Code Section 40-2-151, relating to annual license fees for operation of vehicles and fee for permanent licensing of certain trailers, to read as follows:
"(c) The fee for a new passenger car for which the purchaser has paid state and local title ad valorem taxes and that is being registered as provided in subsection (d) of Code Section 40-2-20 shall be $40.00 for the two-year registration period."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
E Abrams E Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr E Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler E Cheokas Y Clark, D Y Clark, H Y Clark, V
Y Coomer Y Cooper Y Corbett
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 Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra E Marin Y Martin Y Maxwell E Mayo
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick
Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T E Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
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Y Coleman E Cooke
Y Greene Y Hamilton
Y McCall Y McClain
Y Shaw Y Sims
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 252. By Representatives Caldwell of the 20th, Welch of the 110th, Pak of the 108th, Ramsey of the 72nd, Hatchett of the 150th and others:
A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated so as to enact the "J. Calvin Hill, Jr., Act"; to repeal obsolete and outdated provisions; to repeal provisions which have been deemed unconstitutional; to update obsolete and outdated terminology; to repeal certain provisions relating to preclearance requirements; 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 various titles of the Official Code of Georgia Annotated so as to enact the "J. Calvin Hill, Jr., Act"; to repeal obsolete and outdated provisions; to repeal provisions which have been deemed unconstitutional; to update obsolete and outdated terminology; to repeal certain provisions relating to preclearance requirements; 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 "J. Calvin Hill, Jr., Act."
PART II SECTION 2-1.
Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by repealing and reserving Code Section 12-5-41, relating to aid to pollution control and surface-water management water and sewage treatment facilities or systems for eligible planned communities.
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SECTION 2-2. Said title is further amended by revising subsection (b) of Code Section 12-5-235, relating to the Shore Protection Committee, as follows:
"(b) The committee, in the absence of an approved local shore protection program as provided by this part, shall act as permit-issuing authority and shall have the authority to issue orders and to grant, suspend, revoke, modify, extend, condition, or deny permits as provided in this part. Permits may, at the committee's discretion, be revoked, suspended, or modified upon a finding that the permittee is not in compliance with permit conditions or that the permittee is in violation of any rule or regulation promulgated pursuant to this part."
SECTION 2-3. Said title is further amended by repealing and reserving Code Section 12-5-241, relating to local shore assistance programs.
SECTION 2-4. Said title is further amended by revising subsections (d) and (g) of Code Section 12-5287, relating to the leasing of state owned marshland or water bottoms, as follows:
"(d) Each lease granted under this Code section shall be upon such provisions, requirements, and conditions as the committee shall make and shall, except as provided in subsections (g) and subsection (h) of this Code section, provide for a primary term of not more than ten years. Each lease, except as provided in subsections (g) and subsection (h) of this Code section, shall require the payment of an annual rental fee which, as of May 5, 2009, shall be $1,000.00 per acre, which acreage shall consist of the covered area of dock structures and a ten-foot buffer surrounding such dock structures; and the committee shall in each calendar year thereafter adjust the amount of the annual rental fee per acre to reflect the effect of annual inflation or deflation for the immediately preceding calendar year in accordance with rules and regulations adopted by the board, which rules and regulations may use for this purpose the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor or any other similar index established by the federal government, if the board determines that such federal index reflects the effect of inflation and deflation on the lessees. Except as provided in subsections (g) and subsection (h) of this Code section, an initial lease shall be for the annual fee in effect and established by the committee at the time such lease is entered into. Such lease shall be adjusted annually thereafter as provided in this subsection. Each lease may provide for two renewal terms, each of which shall not be for a term of more than equal duration to the primary term. Rental fees shall be paid in one installment to the department not later than July 15 of each year. A penalty of 10 percent of the annual rental shall be assessed for late payment. Failure to pay rental by August 1 of the year due shall result in the cancellation of the lease." "(g) Upon application of any eligible person who either is the owner of a marina in existence on March 1, 1989, or holds a permit subsequently granted by the committee
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under this part on an application for a permit filed with the committee prior to March 1, 1989, the committee shall grant to that eligible person a lease of the state owned marshland or water bottoms upon which such marina is actually located for a term of 20 years beginning March 1, 1989, with a nominal rental of $1.00 per year; provided, however, that any extensions of the dock space or expansion of the area of state owned marshland or water bottoms actually used in conjunction with the marina shall be subject to the provisions of subsection (d) of this Code section; and provided, further, that any such application made on or after January 1, 1999, shall be subject to the provisions of subsection (d) of this Code section. Reserved."
SECTION 2-5. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-2-553, relating to powers of the Georgia Education Authority (Schools), as follows:
"20-2-553. (a) The authority shall have the power:
(1) To have a seal and alter it at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, sell, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions, and in such manner as it may deem proper, or by condemnation in accordance with any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use them so long as its corporate existence shall continue and to lease or make contracts for the use of or dispose of them in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this part, except from the funds provided under the authority of this part. In any proceedings to condemn, such orders may be made by the court having jurisdiction of the action or proceeding as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired under this part upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance. If the authority shall deem it expedient to construct any project on lands which are subject to the control of the public school system of the state or of any county board of education, city board of education, or governing body of an independent or quasiindependent district or system or local unit of administration, the Governor, in the case of the state, or the boards of education of counties or cities, or the equivalent governing authorities of independent school districts or systems are authorized to execute for and in behalf of the state or the various county boards of education, city boards of education, or governing bodies of independent districts or systems, as the case may be, a lease upon such lands to the authority for such parcel or parcels as shall be needed for a period not to exceed 50 years, at a nominal rental of $1.00 per
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year. If the authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the state, the Governor is authorized to convey, for and in behalf of the state, title to such lands to the authority, upon payment into the state treasury for the credit of the general fund of the state of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairperson of the authority. Further, if the authority shall deem it expedient to construct any project on any other lands the title to which shall then be in any county, municipality, or other governmental subdivision of the state, the proper authorities of such county, municipality, or governmental subdivision are authorized to convey, for and in behalf of such county, municipality, or governmental subdivision, title to such lands to the authority, upon payment to the proper fiscal officer of the county, municipality, or other governmental subdivision of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon between such governmental authorities and the chairperson of the authority; (4) To appoint and select officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their compensation; (5) To make contracts, agreements of sale, and leases and to execute all instruments necessary or convenient, including contracts for construction of projects, agreements for the sale of projects, and leases of projects or contracts for the use of projects which the authority causes to be erected or acquired; and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of the foregoing, authority is specifically granted to the county boards of education, city boards of education, or governing bodies of independent districts or systems, for and on behalf of the units and institutions within their respective counties, cities, or districts, and to the authority to enter into contracts, agreements of sale, and lease agreements for the purchase or use of any structure, building, or facilities of the authority for a term not exceeding 50 years; and the board of education or equivalent governing body for and on behalf of the respective political subdivision may obligate itself and its successors to use only such structure, building, or facility and none other and so long as such property is used by such political subdivision to pay an amount to be determined from year to year for the use of such property so leased and also to obligate itself and its successors as a part of the lease contract to pay the cost of maintaining, repairing, and operating the property so leased from the authority; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in paragraph (4) of subsection (a) of Code Section 20-2-551, to be located on property owned by or leased by the authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority, from such proceeds and any grant
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from the United States or any agency or instrumentality thereof, or from any other source; (7) To accept loans or grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof upon such terms and conditions as the United States or such agency or instrumentality may impose; (8) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of such bonds and for the rights of the holders thereof; (9) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; (10) To issue various types of bonds with various federal tax consequences and to apply for and participate in any federal program which provides financial or other benefits or is supportive of functions of the authority. For purposes of federal law and without limiting the powers of the authority to issue other types of bonds and to participate in federal programs, the authority may act as the state education agency and may issue Qualified Zone Academy Bonds, Qualified School Construction Bonds, or Build America Bonds or, in its discretion, permit other authorized governmental bodies to issue Qualified Zone Academy Bonds, Qualified School Construction Bonds, or Build America Bonds. In participating in any federal program, the authority may apply for and receive funds, make certifications and designations, and do all other things necessary or convenient in the opinion of the authority to participate in or obtain the benefits of federal programs, including programs of bond finance provided under federal law; (11) Deposit, or arrange for, federal funds in any form to be deposited into the sinking fund provided for in Code Section 20-2-567; and (12) To do all things necessary or convenient to carry out the powers expressly given in this part. (b) The validity of any bonds issued by the authority for projects certified as eligible for state development assistance under Code Section 45-12-170 and issued prior to the time the first general obligation debt was incurred under Article VII, Section III, Paragraph I of the Constitution of 1945 shall not be impaired; but no future such bonds shall be issued."
SECTION 2-6. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by repealing and reserving Code Section 32-5-24, relating to authorization of expenditures for public roads serving planned communities.
SECTION 2-7. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by repealing and reserving Chapter 32, relating to peddlers and itinerant traders.
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SECTION 2-8. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by repealing and reserving Code Section 45-12-170, relating to the Office of Planning and Budget performing planning and development functions, powers and duties generally, and recommendations of planned communities for state development assistance.
SECTION 2-9. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by repealing and reserving Code Section 50-9-6, relating to authorization for projects and facilities on Confederate Soldiers' Home property.
SECTION 2-10. Said title is further amended by revising Code Section 50-32-5, relating to the Transit Governance Study Commission, as follows:
"50-32-5. (a) The State of Georgia, particularly the metropolitan Atlanta region, faces a number of critical issues relating to its transportation system and ever-increasing traffic congestion. In light of the dwindling resources available to help solve the problems, it is imperative that all available resources be used to maximum efficiency in order to alleviate the gridlock in and around the metropolitan Atlanta region. There exists a need for a thorough examination of our current transportation system and the methodical development of legislative proposals for a regional transit governing authority in Georgia. (b) In order to find practical, workable solutions to these problems, there is created the Transit Governance Study Commission to be composed of: four Senators from the Atlanta Regional Commission area to be appointed by the Lieutenant Governor, four Representatives from the Atlanta Regional Commission area to be appointed by the Speaker of the House of Representatives, the chairperson of the Metropolitan Atlanta Rapid Transit Oversight Committee, the chairperson of the Atlanta Regional Commission, the chairperson of the Regional Transit Committee of the Atlanta Regional Commission, one staff member from the Atlanta Regional Commission to be selected by the chairperson of the Atlanta Regional Commission, the executive director of the Georgia Regional Transportation Authority, the general manager of the Metropolitan Atlanta Rapid Transit Authority, and the directors of any other county transit systems operating in the Atlanta Regional Commission area. (c) The commission shall elect, by a majority vote, one of its legislative members to serve as chairperson of the commission and such other officers as the commission deems appropriate. The commission shall meet at least quarterly at the call of the chairperson. The commission may conduct such meetings and hearings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish its objectives and purposes as contained in this Code section.
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(d) All officers and agencies of the three branches of state government are directed to provide all appropriate information and assistance as requested by the commission. (e) The commission shall undertake a study of the issues described in this Code section and recommend specific legislation which the commission deems necessary or appropriate. Specifically, the commission shall prepare a preliminary report on the feasibility of combining all of the regional public transportation entities into an integrated regional transit body. This preliminary report shall be completed on or before December 31, 2010, and be delivered to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives. The commission shall make a final report of its findings and recommendations, with specific language for proposed legislation, if any, on or before August 1, 2011, to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives. The commission shall stand abolished on August 1, 2011, unless extended by subsequent Act of the General Assembly. (f) The Atlanta Regional Commission in conjunction with the Georgia Regional Transportation Authority and the department's director of planning shall utilize federal and state planning funds to continue the development of the Atlanta region's Concept 3 transit proposal, including assessment of potential economic benefit to the region and the state, prioritization of corridors based on highest potential economic benefit and lowest environmental impact, and completion of environmental permitting. Any new transit management instrumentality created as a result of the Transit Governance Study Commission created pursuant to this Code section shall participate in the Concept 3 development activities that remain incomplete at the time of the creation of the new regional transit body."
PART III SECTION 3-1.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by repealing and reserving Code Section 16-11-40, relating to criminal defamation.
SECTION 3-2. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by repealing and reserving Code Sections 45-2-7 and 45-2-8, relating to general prohibitions and exceptions and officials subject to removal for violation, respectively, with regard to the employment of aliens.
PART IV SECTION 4-1.
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The following Code sections of the Official Code of Georgia Annotated are amended by replacing "National Bureau of Standards" wherever such term occurs with "National Institute of Standards and Technology":
(1) Code Section 10-2-2, relating to recognized systems of weights and measures; (2) Code Section 10-2-3, relating to primary standards of weights and measures and prescribing and verifying secondary standards; (3) Code Section 10-2-4, relating to technical requirements for commercial weighing and measuring devices; (4) Code Section 10-2-5, relating to powers and duties of the Commissioner of Agriculture generally; and (5) Code Section 10-2-19, relating to manner of display of measurement of compressed natural gas on dispensing devices.
SECTION 4-2. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising Code Section 31-7-50, relating to authorization of grants-in-aid for construction and modernization of medical facilities, as follows:
"31-7-50. The state is authorized to make grants to any county, municipality, or any combination thereof or to any hospital authority to assist in the construction and modernization of publicly owned and publicly operated medical facilities, auxiliary medical facilities, mental retardation centers, and mental health centers as defined in Code Section 31-751. The amount of the grant shall be determined in accordance with Code Sections 317-52 and 31-7-53."
SECTION 4-3. Said title is further amended by revising Code Section 31-7-51, relating to definitions relative to grants for construction and modernization of medical facilities, as follows:
"31-7-51. (a) As used in this article, the term:
(1) 'Auxiliary medical facilities' means diagnostic and treatment facilities, nursing homes, chronic illness hospitals, and rehabilitation centers. (2) 'Construction project' means a program for the construction of any medical facility or auxiliary medical facility, mental retardation center, or mental health center, as evidenced by the approval of a project under Title VI or Title VII, of the federal Public Health Service Act, as now or hereafter amended. (3) 'Hospital authority' means any hospital authority created under the 'Hospital Authorities Law,' Article 4 of this chapter, as now or hereafter amended. (4) 'Medical facilities' means general hospitals, psychiatric hospitals, nurse training facilities, tuberculosis hospitals, and public health centers. (5) 'Mental health center' means a facility providing services for the prevention or diagnosis of mental illness, or care and treatment of mentally ill patients, or rehabilitation of such persons, which services are provided principally for persons
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residing in a particular community or communities in or near which the facility is situated. (6) 'Mental retardation center' means a facility specially designed for the diagnosis, treatment, education, training, or custodial care of the mentally retarded, including facilities for training specialists and sheltered workshops for the mentally retarded but only if such workshops are part of the facilities which provide or will provide comprehensive services for the mentally retarded. Reserved. (7) 'Modernization project' means the alteration, major repair, remodeling, replacement, and renovation of existing buildings (including original equipment thereof) and replacement of obsolete, built-in equipment of existing buildings, as evidenced by the approval of a project under Title VI or Title VII of the federal Public Health Service Act, as now or hereafter amended. (8) 'Publicly operated' means operated by a county, municipality, hospital authority, or any combination thereof. (9) 'Publicly owned' means that a county, municipality, hospital authority, or any combination thereof holds title to or has a long-term lease acceptable to the state agency on the property on which the construction or modernization is proposed. (10) 'State agency' means the State Health Planning and Development Agency or any successor designated as the agency of state government to administer the state construction and modernization plan and receive funds pursuant to Titles VI and VII of the federal Public Health Service Act, as amended. (b) The terms 'hospital,' 'psychiatric hospital,' 'nurse training facilities,' 'public health center,' 'rehabilitation facility,' 'nursing home,' 'chronic illness hospital,' 'long-term care facility,' 'mental retardation center,' 'mental health center,' 'construction,' 'cost of construction,' 'modernization,' and 'cost of modernization' shall have meanings consistent with those respectively ascribed to them in Titles VI and VII of the federal Public Health Service Act, as now or hereafter amended."
SECTION 4-4. Said title is further amended by revising subsection (c) of Code Section 31-7-53, relating to matching formula, priority system, use of earnings, and approval of federal grants for construction and modernization of medical facilities, as follows:
"(c) No part of the net earnings of publicly owned and publicly operated medical facilities, auxiliary medical facilities, mental retardation centers, and mental health centers constructed with the assistance of a grant under this article shall inure to the benefit of any private corporation or individual."
SECTION 4-5. Said title is further amended by revising Code Section 31-7-54, relating to manner of expenditure of construction funds for grants for construction and modernization of medical facilities, as follows:
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"31-7-54. In order to assist the several counties, municipalities, or any combination thereof or any hospital authorities created under the 'Hospital Authorities Law,' Article 4 of this chapter, such funds as are appropriated for each fiscal year for the construction of publicly owned and publicly operated medical facilities, auxiliary medical facilities, mental retardation centers, and mental health centers shall be expended in accordance with the provisions of this article."
SECTION 4-6. Said title is further amended by revising subsection (d) of Code Section 31-7-57, relating to procedures for grants to sponsors of construction projects and injunction of operation by transferee in violation of article, as follows:
"(d) If any publicly owned and publicly operated medical facility, auxiliary medical facility, mental retardation center, or mental health center for which funds have been paid under this Code section shall be leased to any corporation, person, organization, or body other than one eligible to receive a grant under this article or shall be sold or used for any purpose contrary to the provision under which the grant was made, at any time within 20 years after completion of construction, and such change in lease, sale, or use is not approved by the state agency, such agency may bring an equitable proceeding for writ of injunction against any person, firm, corporation, or organization operating in violation of this article. The proceedings shall be filed in the county in which such persons reside or, in the case of a firm or corporation, where such firm or corporation maintains its principal office; and, unless it is shown that such person, firm, or corporation which has leased such medical facility, auxiliary medical facility, mental retardation center, or mental health center would have been eligible to accept the grantin-aid from the state in the first instance and the lease has been approved by the state agency or the sale or use has been approved by such agency, the writ of injunction shall issue and such person, firm, or corporation shall be perpetually enjoined throughout the state from operating in violation of the provisions set out above of this subsection. It shall not be necessary in order to obtain the equitable relief provided in this subsection that the state agency show that such person, firm, or corporation is ineligible nor to prove that there is no adequate remedy at law. In addition, the state agency shall be entitled to bring an action and recover from the transferor and transferee of any facility specified above in this subsection such percentage of the value of the facility as the state grant bore toward the total construction cost of that facility as determined by agreement of the parties or by action brought in court."
SECTION 4-7. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by repealing Code Section 37-5-10, relating to the timetable for implementation of Chapter 5, relating to community services for the developmentally disabled.
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SECTION 4-8. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by revising Code Section 44-2-83, relating to conclusiveness of decrees relative to land registration, effect of disability on conclusiveness, and recourse of persons under a disability against assurance fraud, as follows:
"44-2-83. Every decree rendered as provided in this article shall bind the land and bar all persons claiming title thereto or interest therein, shall quiet the title thereto, and shall be forever binding and conclusive upon and against all persons, including this state, whether mentioned by name in the order of publication or included under the general description 'whom it may concern.' It shall not be an exception to the conclusiveness of the decree that the person is a minor, is incompetent by reason of mental illness or retardation intellectual disability, or is under any other disability; but said person may have an action against the assurance fund provided for in Part 6 of this article."
SECTION 4-9. Said title is further amended by revising Code Section 44-5-170, relating to effect of disabilities on commencement of prescription, as follows:
"44-5-170. Prescription shall not run against the rights of a minor during his or her minority, a person incompetent by reason of mental illness or retardation as intellectual disability so long as the mental illness or retardation intellectual disability lasts, or a person imprisoned during his or her imprisonment. After any such disability is removed, prescription shall run against the person holding a claim to realty or personalty."
SECTION 4-10. Said title is further amended by revising Code Section 44-6-161, relating to who may apply for partition, as follows:
"44-6-161. If the party desiring the writ of partition is of full age and free from disability, he or she may make the application either in person or by his or her agent or attorney in fact or at law. An application may be made for the benefit of a minor, a mentally ill or retarded intellectually disabled person, or the beneficiary of a trust by the guardian of such minor, the guardian of such mentally ill or retarded intellectually disabled person, or the trustee of such beneficiary, as the case may be."
SECTION 4-11. Said title is further amended by revising Code Section 44-6-162, relating to notice of intention to apply for writ of partition, as follows:
"44-6-162. The party applying for the writ of partition shall give the other parties concerned at least 20 days' notice of his or her intention to make the application. If any of the other parties is a minor, a mentally ill or retarded intellectually disabled person, or a
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beneficiary of a trust, the 20 days' notice shall be served on the guardian of such minor, the guardian of such mentally ill or retarded intellectually disabled person, or the trustee of such beneficiary. If any of the parties reside outside of this state, the court may order service by publication as in its judgment is right in each case."
SECTION 4-12. Said title is further amended by revising Code Section 44-6-171, relating to setting aside judgment by parties under disability, absent, or not notified, time limitations, conclusiveness of judgment, and effect of proceedings on bona fide purchaser, as follows:
"44-6-171. When proceedings have been instituted and judgment of the partition has been rendered according to the regulations prescribed in this part and if any one of the parties in interest is a minor or a mentally ill or retarded intellectually disabled person who has no guardian, or is absent from the state during such proceeding, or has not been notified thereof, such minor or mentally ill or retarded intellectually disabled person may, within 12 months after coming of age, after restoration of mind, or after having a guardian appointed, as the case may be, and such absent or unnotified party may, at any time within 12 months after rendition of the judgment, move the court to set aside the judgment on any of the grounds upon which a party notified and free from disabilities might have resisted the judgment upon the hearing as authorized by Code Section 44-6165. The issue shall be tried and the subsequent proceedings shall be the same as is provided for in cases of objections filed to the return of the partitioners before judgment. If such motion to set aside the judgment is not made within the time specified in this Code section, such judgment shall be as binding and conclusive upon such minor, mentally ill or retarded intellectually disabled person, or absent or unnotified party as if he or she had been notified, present, or free from disability. In no event shall such subsequent proceedings affect the title of a bona fide purchaser under a sale ordered by the court."
SECTION 4-13. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising subsection (i) of Code Section 49-4-193, relating to established drug testing, ineligibility for benefits based upon positive tests, drug treatment, impact of drug use by parents on children, confidentiality, and exceptions relative to temporary assistance for needy families, as follows:
"(i) No testing shall be required by the provisions of this Code section for any person whom the department determines is significantly hindered, because of a physical or mental handicap or developmental disability, from doing so or for any person enrolled in an enhanced primary care case management program operated by the Department of Community Health, Division of Medical Assistance to serve frail elderly and disabled beneficiaries to improve the health outcomes of persons with chronic health conditions by linking primary medical care with home and community based services. In addition, no testing shall be required by the provisions of this Code section for any individuals
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receiving or on a waiting list for long-term services and supports through a nonMedicaid home and community based services program or for any individual residing in a facility such as a nursing home, personal care home, assisted living community, intermediate care facility for the mentally retarded intellectually or developmentally disabled, community living arrangement, or host home."
SECTION 4-14. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by revising paragraph (8) of subsection (a) of Code Section 51-1-29.5, relating to definitions, limitation on health care liability claim to gross negligence in emergency medical care, and factors for jury consideration, as follows:
"(8) 'Health care institution' means: (A) An ambulatory surgical center; (B) A personal care home licensed under Chapter 7 of Title 31; (B.1) An assisted living community licensed under Chapter 7 of Title 31; (C) An institution providing emergency medical services; (D) A hospice; (E) A hospital; (F) A hospital system; (G) An intermediate care facility for the mentally retarded intellectually or developmentally disabled; or (H) A nursing home."
SECTION 4-15. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "mental retardation" wherever such term occurs with "intellectual disability":
(1) Code Section 9-3-73, relating to certain disabilities and exceptions applicable; (2) Code Section 9-3-90, relating to persons under disability or imprisoned when cause of action accrues; (3) Code Section 9-4-4, relating to declaratory judgments involving fiduciaries; (4) Code Section 15-9-30, relating to subject matter jurisdiction, powers and duties generally, and furnishing a copy of the Official Code of Georgia Annotated for each judge; (5) Code Section 15-12-163, relating to challenges for cause, hearing of evidence, and when objection may be made; and (6) Code Section 34-9-361, relating to employer's knowledge of employee's preexisting permanent impairment.
SECTION 4-16. The following Code section of the Official Code of Georgia Annotated is amended by replacing "mental retardation" wherever such term occurs with "intellectual disabilities":
(1) Code Section 34-6A-2, relating to definitions relative to the "Georgia Equal Employment for Persons With Disabilities Code."
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SECTION 4-17. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "a mentally retarded" and "mentally retarded" wherever either such term occurs with "an intellectually disabled" and "intellectually disabled," respectively:
(1) Code Section 13-3-24, relating to insane, mentally ill, mentally retarded, or mentally incompetent persons' capacity to enter into contracts; and (2) Code Section 48-8-3, relating to exemptions from sales and use taxes.
SECTION 4-18. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "mental retardation" wherever such term occurs with "developmental disability":
(1) Code Section 9-11-34, relating to the production of documents and things and entry upon land for inspection and other purposes, applicability to nonparties, and confidentiality; (2) Code Section 10-1-850, relating to definitions relative to unfair or deceptive practices toward the elderly; and (3) Code Section 43-10A-3, relating to definitions relative to professional counselors, social workers, and marriage and family therapists.
PART V SECTION 5-1.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Code Section 16-11-7, relating to special assistant attorney general for investigation and prosecution of subversive activities, as follows:
"16-11-7. The Governor, with the concurrence of the Attorney General, is authorized and directed to appoint a special assistant attorney general for investigating and prosecuting subversive activities, whose responsibility it shall be, under the supervision of the Attorney General, to assemble, arrange, and deliver to the district attorney of any county, together with a list of necessary witnesses for presentation to the next grand jury in the county, all information and evidence of matters within the county which have come to his or her attention relating in any manner to the acts prohibited by this part and relating generally to the purpose, processes, and activities of communists and any other or related subversive organizations, associations, groups, or persons. Such evidence may be presented by the Attorney General or the special assistant attorney general to the grand jury of any county directly, and he or she may represent the state on the trial of such a case, should he or she feel the ends of justice would be best served thereby, and the special assistant attorney general herein provided may testify before any grand jury as to matters referred to in this part as to which he or she may have information."
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SECTION 5-2. Said title is further amended by revising Code Section 16-11-10, relating to grand jury investigations regarding subversive activities, as follows:
"16-11-10. The judge of any court exercising general criminal jurisdiction, when in his or her discretion it appears appropriate or when informed by the Attorney General or district attorney that there is information or evidence of the character described in Code Section 16-11-7 to be considered by the grand jury, shall charge the grand jury to inquire into violations of this part for the purpose of proper action and further to inquire generally into the purposes, processes, and activities, and any other matters affecting communists or any related or other subversive organizations, associations, groups, or persons."
SECTION 5-3. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by revising Code Section 45-3-11, relating to persons required to take the loyalty oath, as follows:
"45-3-11. All persons who are employed by and are on the payroll of the state and are the recipients of wages, per diem, or salary of the state or its departments and agencies, with the exception of pages employed by the General Assembly, and all counties and cities, school districts, and local educational systems throughout the entire state, are required to take an oath that they will support the Constitution of the United States and the Constitution of Georgia, and that they are not members of the Communist Party."
SECTION 5-4. Said title is further amended by revising Code Section 45-3-13, relating to the form of the loyalty oath, as follows:
"45-3-13. The oath prescribed in Code Section 45-3-11 shall be in the following form:
'I, _________________ (Name) a citizen of ______________ and being an employee of ______________ and the recipient of public funds for services rendered as such employee, do hereby solemnly swear and affirm that I will support the Constitution of the United States and the Constitution of Georgia, and that I am not a member of the Communist Party.'"
PART VI SECTION 6-1.
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by repealing Code Section 20-2-75, relating to the failure of local school board members to fulfill certain obligations relating to preclearance.
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SECTION 6-2. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by revising subsection (c) of Code Section 21-2-226, relating to duties of county board in determining eligibility of voters, maps of municipal boundaries, notice of ineligibility, issuance of registration cards, and reimbursement for postage cost, as follows:
"(c) It shall be the duty of each incorporated municipality located wholly or partially within the boundaries of a county to provide a detailed map showing the municipal boundaries, municipal precinct boundaries, and voting district boundaries to the county board of registrars no later than January 1, 1995, and within 15 days after the preclearance of any changes in such municipal boundaries, precinct boundaries, or voting district boundaries pursuant to Section 5 of the federal Voting Rights Act of 1965 (42 U.S.C. Section 1973c), as amended. Upon receiving any changes in municipal boundaries, the county board of registrars shall provide to the municipal registrar a list of all voters affected by such changes with the street addresses of such electors for the purpose of verifying the changes with the municipality. Upon receiving the list of electors affected by changes in municipal boundaries, the municipal registrar shall immediately review the information provided by the county registrars and advise the county registrars of any discrepancies."
SECTION 6-3. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by repealing and reserving Code Section 36-31-6, relating to the responsibility of the Attorney General for preclearances.
SECTION 6-4. Said title is further amended by revising subsection (f) of Code Section 36-36-3, relating to report identifying annexed property, maps and surveys, technical assistance to municipalities, and preclearance, as follows:
"(f) The clerk, city attorney, or other person designated by the governing authority of any municipality annexing property shall also file a copy of the transmittal letter to the United States Department of Justice seeking preclearance, without the attachments to such letter, with the Department of Community Affairs and with the governing authority of the county in which the property being annexed is located. This subsection shall apply so long as a filing with the United States Department of Justice is required. Reserved."
SECTION 6-5. Said title is further amended by revising subsection (f) of Code Section 36-36-92, relating to annexation of unincorporated islands, procedures, provision of municipal services, and preclearance by the U.S. Justice Department, as follows:
"(f) The provisions of this article with regard to annexation of unincorporated islands is severable as to each city and to the annexation of each unincorporated island therein. The implementation of each annexation pursuant to this article is contingent upon
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preclearance of each annexation by the U.S. Justice Department pursuant to Section 5 of the Voting Rights Act of 1965, 42 U.S.C. 1973(c). Any city annexing an unincorporated island pursuant to this article shall submit such annexation to the U.S. Justice Department for preclearance not later than 90 days following the date of adoption of the annexation ordinance by the municipal governing authority."
SECTION 6-6. Said title is further amended by repealing and reserving Code Section 36-60-11, relating to the Attorney General to receive a copy of any submission to the United States Department of Justice pursuant to the federal Voting Rights Act of 1965.
SECTION 6-7. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by repealing Code Section 45-15-35.1, relating to the Governor's power to seek preclearance of any change affecting voting pursuant to Section 5 of the federal Voting Rights Act of 1965.
PART VII SECTION 7-1.
Code Section 37-2-6.1 of the Official Code of Georgia Annotated, relating to the executive director of community service boards, is amended by revising subsections (a), (b), and (g) as follows:
"(a)(1) Each The governing board of each community service board shall employ an executive director to serve as its chief executive officer and shall prescribe the duties thereof. The selection of the executive director and all terms of compensation shall be set by the governing board of each community service board and shall be subject to review and approval by the commissioner prior to any offer of employment or at any point thereafter where the terms of compensation are proposed to be substantially altered. Such contracts shall be reviewed by the commissioner every five years. Further, the commissioner shall be required to review and approve the selection of the executive director of each community service board for adherence to minimum qualifications for the position as prescribed by the department. The executive director shall direct the day-to-day operations of the community service board. Such executive director shall be appointed and removed by the community service board pursuant to this subsection and shall appoint other necessary staff pursuant to an annual budget adopted by the board, which budget shall provide for securing appropriate facilities, sites, and professionals necessary for the provision of disability and health services. Notwithstanding any other provision of law to the contrary, the governing board of the community service board may delegate any power, authority, duty, or function to its executive director or other staff. The executive director or other staff is authorized to exercise any power, authority, duty, or function on behalf of the governing board of the community service board.
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(1)(2) The executive director or any full-time or part-time employee of a community service board shall have a responsibility to avoid any conflict of interest in a manner that is consistent with the declarations found in Code Section 45-10-2 45-10-21. Such employees shall not transact any business with that community service board as prohibited in Code Section 45-10-23 unless any such transaction falls under the exceptions granted in Code Section 45-10-25. Transactions that fall under such exceptions shall be disclosed to the governing board of the community service board in the manner as such governing board shall determine and yearly to the Georgia Government Transparency and Campaign Finance Commission as prescribed in Code Section 45-10-26. The governing board of the community service board shall promulgate policies and procedures governing executive director and employee conflicts of interest and establish a code of ethics for the executive director and employees of the community service board. (b) Each The governing board of a each community service board or each community service board, under the jurisdiction of its governing board, shall perform duties, responsibilities, and functions and may exercise power and authority described in this subsection as follows: (1) Each The governing board of a each community service board shall adopt bylaws for the conduct of its affairs and the affairs of their respective community service boards; provided, however, that the governing board of a community service board shall meet at least quarterly, and that all such meetings and any bylaws shall be open to the public, as otherwise required under Georgia law; (2) Each The governing board of a each community service board shall be required to review and approve the annual budget of the community service board and shall be required to establish the general policies related to such budget to be followed by the community service board; (3) Each community service board shall provide an adequate range of disability services as prescribed by the department; (4) Each community service board may make and enter into all contracts necessary and incidental to the performance of its duties and functions; (5) Each community service board may acquire by purchase, gift, lease, or otherwise and may own, hold, improve, use, and sell, convey, exchange, transfer, lease, sublease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate purposes; (6) Each community service board may contract to utilize the services of the Department of Administrative Services, the state auditor, or any other agency of state, local, or federal government; (7) Each community service board may provide, either independently or through contract with appropriate state or local governmental entities, the following benefits to its employees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons:
(A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise, but medical and hospitalization benefits may
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only be provided through the Department of Community Health under the same conditions as provided for such benefits to state employees, and the Department of Community Health shall so provide if requested; (B) Life insurance coverage and coverage under federal old age and survivors' insurance programs; (C) Sick leave, annual leave, and holiday leave; and (D) Any other similar benefits including, but not limited to, death benefits; (8) Each community service board may cooperate with all units of local government in the counties where the community service board provides services as well as neighboring regions and with the programs of other departments, agencies, and regional commissions and regional planning boards; (9) Each community service board shall establish and maintain a personnel program for its employees and fix the compensation and terms of compensation of its employees; provided, however, that each community service board shall comply with the provisions of Chapter 20 of Title 45, for so long as and to the extent that each employee of such board remains subject to the rules and regulations of the State Personnel Board or as otherwise provided by law; (10) Each community service board may receive and administer grants, gifts, contracts, moneys, and donations for purposes pertaining to the delivery of disability services or of health services; (11) Each community service board may establish fees for the provision of disability services or health services according to the terms of contracts entered into with the department, Department of Human Services, Department of Public Health, or Department of Community Health, as appropriate; provided, however, that all fees collected shall be used solely in accordance with the statutory nonprofit and public purposes of community service boards as prescribed in Article 1 of Chapter 2 of Title 37; (12) Each community service board may accept appropriations, loans of funds, facilities, equipment, and supplies from local governmental entities in the counties where the community service board provides services; (13) Each member of the governing board of a community service board may, upon approval of the executive director, receive reimbursement for actual expenses incurred in carrying out the duties of such office; provided, however, that such reimbursement shall not exceed the rates and allowances set for state employees by the Office of Planning and Budget or the mileage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier; (14) Each The governing board of a each community service board shall elect a chairperson and vice chairperson from among its membership. The governing board members shall also elect a secretary and treasurer from among its membership or may designate the executive director of the community service board to serve in one or both offices. Such officers shall serve for such terms as shall be prescribed in the bylaws of the community service board or until their respective successors are elected
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and qualified. No governing board member shall hold more than one office of the governing board of a community service board; except that the same person may serve as secretary and treasurer. The bylaws of the governing board of a community service board shall provide for any other officers of such board and the means of their selection, the terms of office of the officers, and an annual meeting to elect officers; (15) Each community service board may have a seal and alter it; (16) Each community service board may establish fees, rates, rents, and charges for the use of facilities of the community service board for the provision of disability services or of health services, in accordance with the terms of contracts entered into with the department, Department of Human Services, Department of Public Health, or Department of Community Health, as appropriate; (17) Each community service board may borrow money for any business purpose and may incur debt, liabilities, and obligations for any business purpose. A debt, liability, or obligation incurred by a community service board shall not be considered a debt, liability, or obligation of the state or any county or any municipality or any political subdivision of the state. A community service board may not borrow money as permitted by this Code section if the highest aggregate annual debt service requirements of the then current fiscal year or any subsequent year for outstanding borrowings of the community service board, including the proposed borrowing, exceed 15 percent of the total revenues of the community service board in its fiscal year immediately preceding the fiscal year in which such debt is to be incurred. Interest paid upon such borrowings shall be exempt from taxation by the state or its political subdivisions. A state contract with a community service board shall not be used or accepted as security or collateral for a debt, liability, or obligation of a community service board without the prior written approval of the commissioner; (18) Each community service board, to the extent authorized by law and the contract for the funds involved, may carry forward without lapse fund balances and establish operating, capital, and debt reserve accounts from revenues and grants derived from state, county, and all other sources; and (19) Each community service board may operate, establish, or operate and establish facilities deemed by the community service board as necessary and convenient for the administration, operation, or provision of disability services or of health services by the community service board and may construct, reconstruct, improve, alter, repair, and equip such facilities to the extent authorized by state and federal law." "(g) Each community service board may provide reasonable reserves for the improvement, replacement, or expansion of its facilities and services. Reserves under this subsection shall be subject to the limitations in paragraph (15) (17) of subsection (b) of this Code section."
SECTION 7-2. Code Section 37-2-10 of the Official Code of Georgia Annotated, relating to the commissioner's emergency powers upon failure of a community service board, is amended by revising paragraph (5) of subsection (c) as follows:
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"(5) A manager or management team appoint appointed pursuant to this subsection shall be free from all liability, joint or several, for the manager or management team's acts, omissions, and conduct and for the acts, omissions, and conduct of their duly constituted agents in the administration of the community service board or its programs. The state shall indemnify and save them, and each of them, harmless from the effects and consequences of their acts, omissions, and conduct in their official capacity, except to the extent that such effects and consequences shall result from their own willful misconduct."
PART VIII SECTION 8-1.
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:
E Abrams E Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr E Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra
Y Meadows Y Mitchell
Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard
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E Cheokas Clark, D
Y Clark, H Y Clark, V Y Coleman E Cooke
Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
E Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain
Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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.
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 71. By Representatives Tanner of the 9th, Golick of the 40th, Caldwell of the 131st, Atwood of the 179th, Oliver of the 82nd and others:
A BILL to be entitled an Act to amend Chapter 17 of Title 17 and Chapter 9 of Title 42 of the O.C.G.A., relating to the Crime Victims' Bill of Rights and pardons and paroles, respectively, so as to provide for input and transparency relative to the granting of a pardon or commutation of a death sentence to a life sentence; to change provisions relating to notifications by the State Board of Pardons and Paroles; to change provisions relating to the State Board of Pardons and Paroles procedure and information gathering when considering the grant of pardon, clemency, or commutation of a death sentence; to provide for exemptions from disclosure; to amend Code Section 50-13-9.1 of the O.C.G.A., relating to variance or waiver to rules, so as to correct an incorrect reference; 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 17 of Title 17 and Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to the Crime Victims' Bill of Rights and pardons and paroles, respectively, so as to provide for input and transparency relative to the granting of a pardon or commutation of a death sentence to a life sentence; to change provisions relating to notifications by the State Board of Pardons and Paroles; to change provisions relating to the State Board of Pardons and Paroles procedure and information gathering when considering the grant of pardon, clemency, or commutation of a death sentence; to provide for exemptions from disclosure; to amend Code Section 50-13-9.1 of the Official
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Code of Georgia Annotated, relating to variance or waiver to rules, so as to correct an incorrect reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 17 of Title 17 of the Official Code of Georgia Annotated, relating to the Crime Victims' Bill of Rights, is amended by revising Code Section 17-17-13, relating to notification of impending parole or clemency proceedings, as follows:
"17-17-13. The State Board of Pardons and Paroles shall give 20 days' advance notification to a victim whenever it considers making a final decision to grant parole, or any other manner of executive clemency action to release a defendant for a period exceeding 60 days, or grant a pardon; and the board shall provide the victim with an opportunity to file a written objection to such action. Within 72 hours of receiving a request to commute a death sentence, the State Board of Pardons and Paroles shall provide notification to a victim of the date set for hearing such request and provide such victim an opportunity to file a written response to such request. No notification to the victim need be given unless the victim has expressed objection to release or has expressed a desire for such notification and has provided the State Board of Pardons and Paroles with a current mailing or e-mail address and telephone number. Failure of the victim to inform the board of a change of address or telephone number shall not void a decision of the board."
SECTION 2. Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, is amended by revising Code Section 42-9-20.1, relating to public access to information regarding paroled felons residing within this state, as follows:
"42-9-20.1. Notwithstanding the provisions of Article 4 of Chapter 18 of Title 50 or any provisions of this chapter relating to the confidentiality of records, the State Board of Pardons and Paroles shall develop and implement a system whereby any interested citizen of this state shall be permitted to contact the board through an electronic calling system or by other means and receive information relating to persons who have been convicted of a felony, who have been paroled, and whose current addresses are within the State of Georgia. With respect to each parolee, the board shall provide the parolee's name, sex, date of birth, current address, crime or crimes for which the parolee was convicted, and the beginning and ending dates of such person's parole. The board shall not release any information regarding a person who has previously been paroled and whose civil rights have been restored. The board shall be authorized to charge a reasonable fee to cover the costs of providing such information. The board shall be authorized to promulgate rules and regulations to carry out the provisions of this Code section."
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SECTION 3. Said chapter is further amended by revising subsection (b) of Code Section 42-9-42, relating to the procedure for granting relief from sentence, conditions, and prerequisites, as follows:
"(b)(1) A grant of clemency, pardon, parole, or other relief from sentence shall be rendered only by a written decision which shall be signed by at least the number of board members required for the relief granted and which shall become a part of the such individual's permanent record. (2) Notwithstanding the provisions of Article 4 of Chapter 18 of Title 50 or any provisions of this chapter relating to the confidentiality of records, a written decision relating to:
(A) A pardon shall: (i) Include the board's findings which reflect the board's consideration of the evidence offered that supports the board's decision; (ii) Indicate each board member's vote on the decision; and (iii) Be available for public inspection; and
(B) A commutation of a death sentence shall: (i) Include the board's findings which reflect the board's consideration of the evidence offered that supports the board's decision; (ii) Indicate the board's vote on the decision; and (iii) Be available for public inspection."
SECTION 4. Said chapter is further amended by revising Code Section 42-9-43, relating to information to be considered by the board generally, investigation, granting relief, and notice to victim, as follows:
"42-9-43. (a) The board, in considering any case within its power, shall cause to be brought before it all pertinent information on the person in question. Included therein shall be:
(1) A report by the superintendent, warden, or jailer of the jail or state or county correctional institution in which the person has been confined upon the conduct of record of the person while in such jail or state or county correctional institution; (2) The results of such physical and mental examinations as may have been made of the person; (3) The extent to which the person appears to have responded to the efforts made to improve his or her social attitude; (4) The industrial record of the person while confined, the nature of his or her occupations while so confined, and a recommendation as to the kind of work he or she is best fitted to perform and at which he or she is most likely to succeed when and if he or she is released; (5) The educational programs in which the person has participated and the level of education which the person has attained based on standardized reading tests; and
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(6) The written statements or oral testimony of the district attorney of the county in which the person was sentenced expressing views and making any recommendation as to a pardon or commutation of a death sentence; (6)(7) The written, oral, audiotaped, or videotaped testimony of the victim, the victim's family, or a witness having personal knowledge of the victim's personal characteristics, including any information prepared by the victim or the victim's family, for the purpose of the board's consideration of a pardon or commutation of a death sentence if the victim has provided such information to the board; and (8) If the person is or was required to register pursuant to Code Section 42-1-12, any court order issued releasing the person from registration requirements or residency or employment restrictions. (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. (c)(1) The board shall give at least 30 days' advance written notification to the district attorney of the circuit in which the person was sentenced whenever it considers making a final decision on a pardon and shall provide the district attorney an opportunity to submit information and file a written objection to such action. (2) Within 72 hours of receiving a request to commute a death sentence, the board shall provide written notification to the district attorney of the circuit in which the person was sentenced of the date set for hearing such request and shall provide the district attorney an opportunity to submit information and file a written response to such request. (3) The board may also make such other investigation as it may deem necessary in order to be fully informed about the person. (d)(1) Before releasing any person on parole, granting a pardon, or commuting a death sentence, the board may have the person appear before it and may personally examine him or her . Thereafter, upon consideration and consider any testimony it deems relevant or necessary. When objections to relief have been tendered, the board may hold a hearing and consider oral testimony. Upon consideration of the records, papers, documents, and oral testimony submitted, the board shall make its findings and determine whether or not such person shall be granted a pardon, parole, or other
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relief within the power of the board; and the board shall determine the terms and conditions thereof. When the decision involves a pardon or commutation of a death sentence, the decision shall be available for public inspection as provided in Code Section 42-9-42. (2) Notice of the board's determination shall be given to such person and to the person being considered, the correctional official having him or her in custody, if applicable, the district attorney who submitted any information or objection, and the victim in accordance with Code Section 17-17-13. (e) If a person in custody is granted a pardon or a parole, the correctional officials official having the such person in custody, upon notification thereof, shall inform him or her of the terms and conditions thereof and shall, in strict accordance therewith, release the person. (f) The board shall send written notification of the parole decision to the victim or, if the victim is no longer living, to the family of the victim."
SECTION 5. Said chapter is further amended by revising Code Section 42-9-46, relating to cases in which inmate has failed to serve time required for automatic initial consideration, as follows:
"42-9-46. Notwithstanding any other provisions of law to the contrary, if the board is to consider any case in which an inmate has failed to serve the time required by law for automatic initial consideration, the board shall notify in writing, at least ten days prior to consideration, the sentencing judge, the district attorney of the county in which the person was sentenced, and any victim of crimes against the person or, if such victim is deceased, the spouse, children, or parents of the deceased victim if such person's name and address are contact information is provided on the impact statement pursuant to Code Section 17-10-1.1 17-17-13. The sentencing judge, district attorney, or victim or, if such victim is deceased, the spouse, children, or parents of the deceased victim may appear at a hearing held by the board or make a written statement to the board expressing their views and making their recommendation as to whether the person should be paroled."
SECTION 6. Said chapter is further amended by revising Code Section 42-9-47, relating to notification of decision to parole inmate, as follows:
"42-9-47. Within 72 hours after the board reaches a final decision to parole an inmate, the district attorney, the presiding judge, the sheriff of each county in which the inmate was tried, convicted, and sentenced, the local law enforcement authorities of the county of the last residence of the inmate prior to incarceration, and the victim of crimes against the person shall be notified of the decision by the chairman of the board. Such notice to the victim shall be mailed or e-mailed to the victim's address as if such information is
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provided for in subsection (c) of pursuant to Code Section 17-10-1.1 17-17-13. Failure of the prosecuting attorney to provide an address of the victim or failure of the victim to inform the board of a change of address shall not void a parole date set by the board."
SECTION 7. Said chapter is further amended by revising subsection (b) of Code Section 42-9-53, relating to preservation of documents, classification of information and documents, divulgence of confidential state secrets, and conduct of hearings, as follows:
"(b)(1) Except as provided in paragraph (2) of this subsection and subsection (d) of this Code section, all 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. (2) The board shall be authorized to disclose, upon request:
(A) To 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 (B) 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; (C) Information as provided in paragraph (2) of subsection (b) of Code Section 429-42; and (D) To the public, all records, papers, and documents coming into the board's possession and considered by the board in granting or denying a pardon or commuting a death sentence, provided that such records, papers, and documents shall remain confidential and shall not be subject to subpoena or disclosure pursuant to Article 4 of Chapter 18 of Title 50 until after the board has reached a decision regarding such pardon or death sentence, and provided, further, that the following shall not be subject to subpoena or disclosure unless declassified by the board:
(i) Any written statements or information provided directly or indirectly by or on behalf of a victim that was created on or after the date the defendant was sentenced; (ii) Any information provided pursuant to Code Section 42-5-36; (iii) Any information provided by the Department of Corrections that would jeopardize the safety and security of a department facility, an employee of such facility, an inmate, or a probationer; and (iv) Any internal communication among board members."
SECTION 8. Code Section 50-13-9.1 of the Official Code of Georgia Annotated, relating to variance or waiver to rules, is amended by revising subsection (h) as follows:
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"(h) This Code section shall not apply, and no variance or waiver shall be sought or authorized, when:
(1) Any agency rule or regulation has been adopted or promulgated in order to implement or promote a federally delegated program; (2) Any rule or regulation is promulgated or adopted by the Department of Corrections concerning any institutional operations or inmate activities; (3) Any rule or regulation is promulgated or adopted by the State Board of Pardons and Paroles regarding clemency considerations and actions; (4)(3) Any rule or regulation is promulgated or adopted by the Department of Community Health; (5)(4) Any rule or regulation is promulgated or adopted by the Department of Agriculture; (6)(5) Any rules, regulations, standards, or procedures are adopted or promulgated by the Department of Natural Resources for the protection of the natural resources, environment, or vital areas of this state; or (7)(6) The granting of a waiver or variance would be harmful to the public health, safety, or welfare."
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
E Abrams E Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr E Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant
N Coomer N Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps
N Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan
Y Meadows Y Mitchell
Morris N Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince N Pruett Y Quick Y Raffensperger Y Rakestraw
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell
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Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler E Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra E Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain
Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw N Sims
Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 162, nays 8.
The Bill, having received the requisite constitutional majority, was passed, 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 192. By Representatives Powell of the 32nd and Taylor of the 79th:
A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, so as to provide that elected officials of counties, municipal corporations, school districts, and consolidated governments shall be reimbursed for expenses only through the submission of expense reimbursement requests; to prohibit an elected official of a county, municipal corporation, school district, or consolidated government from being issued or authorized to use a government purchasing card or government credit card; to provide for the promulgation of certain policies; to provide for access to certain records; 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 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, so as to provide for the limitation and regulation of the use of government
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purchasing cards and government credit cards by elected officials of counties, municipal corporations, local school systems, and consolidated governments; to provide for the promulgation of certain policies; to provide for access to certain records; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, is amended by adding a new Code section to read as follows:
"36-80-24. (a) An elected official of a county, municipal corporation, local school system, or consolidated government shall be prohibited from the use of a government purchasing card or a government credit card unless:
(1) Such purchases are solely for items or services that directly relate to such official's public duties; and (2) Such purchases are in accordance with guidelines adopted by the county, municipal corporation, local school system, or consolidated government. (b) Documents related to such purchases incurred by such elected officials shall be available for public inspection. (c) No such county, municipal corporation, local school system, or consolidated government shall issue government purchasing cards or government credit cards to elected officials on or after January 1, 2016, until the governing authority of such county, municipal corporation, local school system, or consolidated government, by public vote, has authorized such issuance and has promulgated specific policies regarding the use of such government purchasing cards or government credit cards for elected officials of such county, municipal corporation, local school system, or consolidated government. Such policies shall include the following: (1) Designation of officials who shall be authorized to be issued such government purchasing cards or government credit cards; (2) A requirement that authorized users must sign a cardholder agreement; (3) Transaction limits for the use of such cards; (4) A description of purchases that shall be authorized for use of such cards; (5) A description of purchases that shall not be authorized for use of such cards; (6) Designation of a government purchasing card or government credit card administrator; (7) A process for auditing and reviewing purchases made with such cards; and (8) Procedures for addressing a violation of such purchasing card policies and penalties for violations including, but not limited to, revocation of purchasing card or credit card privileges and misdemeanor prosecution."
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SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Powell of the 32nd offers the following amendment:
Amend the House Committee on Governmental Affairs substitute to HB 192 (LC 28 7516S) by striking line 33 and inserting in lieu thereof the following:
(2) A requirement that, before being issued a government purchasing card or government credit card, authorized users shall sign and accept an agreement with the county, municipal corporation, local school system, or consolidated government issuing the government purchasing card or government credit card that such users will use such cards only in accordance with the policies of the issuing governmental entity;
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
E Abrams E Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr E Battles Y Beasley-Teague Y Bell Y Belton Y Bennett N Bentley Y Benton Y Beskin Y Beverly 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 Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans Y Fleming Y Floyd Y Fludd
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
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Y Cantrell Y Carson Y Carter Y Casas Y Chandler E Cheokas Y Clark, D Y Clark, H Y Clark, V
Coleman E Cooke
Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra E Marin Y Martin Y Maxwell E Mayo Y McCall Y McClain
Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Weldon Y Werkheiser 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, as amended, the ayes were 167, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 315. By Representatives Nimmer of the 178th, Coomer of the 14th and Dickey of the 140th:
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 change the name of the Technical College System of Georgia to the Georgia Career College System; to change the name of the State Board of the Technical College System of Georgia to the State Board of the Georgia Career College System; to amend various provisions of the Official Code of Georgia Annotated to reflect such name change; to provide for related matters; to repeal conflicting laws; and for other purposes.
Pursuant to Rule 133, Representative Werkheiser of the 157th was excused from voting on HB 315.
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 E Alexander N Allison Y Anderson Y Atwood Y Ballinger Y Barr E Battles N Beasley-Teague N Bell Y Belton
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar N Douglas
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins N Henson N Hightower Y Hitchens Y Holcomb Y Holmes Y Houston
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer N Nix Y Oliver Y O'Neal N Pak Y Parrish Y Parsons
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre N Spencer N Stephens, M Y Stephens, R Y Stephenson Y Stovall N Stover
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N Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick N Brockway Y Brooks Y Bruce Y Bryant
Buckner Y Burns Y Caldwell, J N Caldwell, M N Cantrell Y Carson Y Carter Y Casas Y Chandler E Cheokas N Clark, D N Clark, H Y Clark, V
Coleman E Cooke
N Drenner N Dudgeon Y Dukes N Dunahoo N Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans E Fleming N Floyd
Fludd N Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon N Gravley Y Greene Y Hamilton
Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, J.B. Y Jones, L Y Jones, S Y Jordan N Kaiser N Kelley Y Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lumsden N Mabra E Marin
Martin Y Maxwell E Mayo
McCall Y McClain
Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett N Quick N Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. N Thomas, E Y Trammell N Turner N Waites Y Watson Y Welch Y Weldon
Werkheiser N Wilkerson Y Wilkinson Y Willard Y Williams, A N Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 122, nays 40.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 529. By Representatives Beskin of the 54th, Ralston of the 7th, Taylor of the 79th, Werkheiser of the 157th, Rynders of the 152nd and others:
A RESOLUTION commending Michael Joseph Egan, Jr., for his many years of dedicated public service to the State of Georgia and the United States 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 520 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
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HR 520. By Representatives Rogers of the 29th, Parrish of the 158th, Smyre of the 135th, Ehrhart of the 36th, Williams of the 119th and others:
A RESOLUTION commending Tom Daniel for his many years of service to the State of Georgia; congratulating him upon the grand 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 530. By Representative Thomas of the 56th:
A RESOLUTION commending Georgia State University student-athlete Ryann Austin Green for being selected as a candidate for the 2015 Senior CLASS Award; and for other purposes.
HR 531. By Representative Thomas of the 56th:
A RESOLUTION commending LisaRaye McCoy for empowering and inspiring women throughout the State of Georgia and the United States; and for other purposes.
HR 532. By Representatives Dempsey of the 13th, England of the 116th, Jones of the 47th, O`Neal of the 146th, Abrams of the 89th and others:
A RESOLUTION recognizing and commending the Boys & Girls Clubs of Georgia and Boys & Girls Clubs of Georgia's 2015 Military Youth of the Year, Andrew Brown; and for other purposes.
HR 533. By Representatives Dempsey of the 13th, England of the 116th, Jones of the 47th, O`Neal of the 146th, Abrams of the 89th and others:
A RESOLUTION recognizing and commending the Boys & Girls Clubs of Georgia and Boys & Girls Clubs of Georgia's 2015 Youth of the Year, Mikayla Taylor; and for other purposes.
HR 534. By Representatives Broadrick of the 4th, Dickson of the 6th and Tarvin of the 2nd:
A RESOLUTION congratulating Brian Suits upon being named Georgia's Middle School Principal of the Year; and for other purposes.
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HR 535. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION recognizing and commending Ms. Margaret Duncan Ward on her outstanding service to her community; and for other purposes.
HR 536. By Representatives Wilkinson of the 52nd and Willard of the 51st:
A RESOLUTION commending Samantha Stahlman; and for other purposes.
HR 537. By Representatives Gardner of the 57th and Thomas of the 56th:
A RESOLUTION commending the Juniper and Tenth Street High Rise Residents Association; and for other purposes.
HR 538. By Representatives Rogers of the 29th, Caldwell of the 131st, Dickey of the 140th, Knight of the 130th and Williams of the 119th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Amber Byous of Gordon State College on Academic Recognition Day for 2015; and for other purposes.
HR 539. By Representatives Duncan of the 26th, Dudgeon of the 25th, Mabra of the 63rd, Gasaway of the 28th, Cantrell of the 22nd and others:
A RESOLUTION commending Georgia Tech baseball head coach Danny Hall and congratulating the Georgia Tech baseball team upon winning the 2014 ACC Championship; and for other purposes.
HR 540.
By Representatives Dawkins-Haigler of the 91st, Stephenson of the 90th, Kendrick of the 93rd, Anderson of the 92nd, Randall of the 142nd and others:
A RESOLUTION recognizing and commending the National Council of Negro Women, Inc., and Chairwoman Ingrid Saunders Jones; and for other purposes.
HR 541. By Representatives Dawkins-Haigler of the 91st, Kendrick of the 93rd, Anderson of the 92nd, Stephenson of the 90th, Mosby of the 83rd and others:
A RESOLUTION commending Roderick Cunningham for his efforts to assist victims of domestic violence; and for other purposes.
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HR 542. By Representatives Teasley of the 37th, Carson of the 46th, Reeves of the 34th, Parsons of the 44th and Setzler of the 35th:
A RESOLUTION commending the Shiloh Hills Christian School basketball team for winning the 2015 Georgia Christian Athletic Association State Championship; and for other purposes.
HR 543. By Representatives Hawkins of the 27th, Rogers of the 29th and Dunahoo of the 30th:
A RESOLUTION honoring the life and memory of Jim Lofton; and for other purposes
HR 544. By Representative Kendrick of the 93rd:
A RESOLUTION commending Rachel Lazarus, Dr. Tommy Welch, and LaShawn Smith, award recipients of the Rho Kappa Lambda Education Foundation fifth annual Martin Luther King Unity Breakfast; and for other purposes.
HR 545.
By Representatives Dawkins-Haigler of the 91st, Stephenson of the 90th, Kendrick of the 93rd, Anderson of the 92nd, Randall of the 142nd and others:
A RESOLUTION commending the National Coalition of 100 Black Women; and for other purposes.
HR 546. By Representatives Reeves of the 34th, Teasley of the 37th, Ehrhart of the 36th, Parsons of the 44th, Dollar of the 45th and others:
A RESOLUTION recognizing and congratulating the Mount Paran Christian School varsity football team for winning the 2014 GHSA football state championship; and for other purposes.
Representative Jones of the 167th moved that the following Bill of the House be withdrawn from the Committee on Governmental Affairs and recommitted to the Committee on Intragovernmental Coordination:
HB 437. By Representatives Jones of the 167th and Atwood of the 179th:
A BILL to be entitled an Act to amend an Act creating the Brunswick-Glynn County Joint Water and Sewer Commission, approved April 19, 2006 (Ga. L. 2006, p. 3661), as amended, particularly by an Act approved April 11, 2012
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(Ga. L. 2012, p. 5287), so as to provide for a short title name change; to provide for nonpartisan election in conjunction with general primary; to provide for terms of elected members; to provide for a quorum; to provide for public access to annual budget; to provide for solicitation of donations; to provide for assistance to low-income customers; to provide for separate accounting for certain donations and the expenditure of excess funds; to provide for notices and hearings prior to any increase in water or waste-water rates; to repeal conflicting laws; and for other purposes.
The motion prevailed.
Representative Caldwell of the 131st moved that the following Bill of the House be withdrawn from the Committee on Governmental Affairs and recommitted to the Committee on Intragovernmental Coordination:
HB 343. By Representative Caldwell of the 131st:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Lamar County Board of Education, approved March 30, 1971 (Ga. L. 1971, p. 2710), as amended, particularly by an Act approved March 13, 2012 (Ga. L. 2012, p. 4416), so as to provide that members of the board of education shall be elected on a nonpartisan basis; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The motion prevailed.
Representative Hamilton of the 24th moved that the following Bill of the House be withdrawn from the Committee on Education and recommitted to the Committee on Ways & Means:
HB 243. By Representatives Hamilton of the 24th, Dudgeon of the 25th, Powell of the 171st, Glanton of the 75th, Setzler of the 35th 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 an education savings account program; to provide for a short title; to provide for definitions; to provide for qualifications and requirements; to provide for management of accounts; to provide for participating schools; to provide for responsibilities of parents; to provide for duties of the Office of Student Achievement in administering the program; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
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The motion prevailed.
Representative Dukes of the 154th moved that the following Bill of the Senate be withdrawn from the Committee on Governmental Affairs and recommitted to the Committee on Intragovernmental Coordination:
SB 93. By Senator Burke of the 11th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Seminole County shall be nonpartisan elections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The motion prevailed.
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 180 Do Pass
Respectfully submitted, /s/ Yates of the 73rd
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 204 Do Pass, by Substitute HB 347 Do Pass, by Substitute
HB 303 Do Pass, by Substitute HB 405 Do Pass, by Substitute
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1703
Respectfully submitted, /s/ Willard of the 51st
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 110 HB 225 HB 314
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute
Respectfully submitted, /s/ Maxwell of the 17th
Chairman
Representative Setzler of the 35th District, Chairman of the Committee on Science & Technology, submitted the following report:
Mr. Speaker:
Your Committee on Science & Technology has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 473 Do Pass
Respectfully submitted, /s/ Setzler of the 35th
Chairman
Representative Powell of the 171st District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
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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 81 HB 238 HB 289 HB 374 HB 457
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass, by Substitute
HB 94 HB 277 HB 369 HB 396 HB 464
Do Pass, by Substitute Do Pass Do Pass Do Pass, by Substitute Do Pass, by Substitute
Respectfully submitted, /s/ Powell of the 171st
Chairman
The following communications were received:
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 Mark Burkhalter 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 to fill the current vacancy for the remainder of the term expiring April 15, 2019.
/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
TUESDAY, MARCH 3, 2015
1705
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 18, 2015 in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Mark Burkhalter was elected as the member of the State Transportation Board from the 6th Congressional District to fill the current vacancy for the remainder of the term expiring April 15, 2019.
Respectfully submitted,
/s/ David Shafer Honorable David Shafer Senator, District 48 CHAIRMAN
/s/ Don Parsons Honorable Don Parsons Representative, District 44 SECRETARY
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
TO:
HONORABLE BRIAN KEMP
SECRETARY OF STATE
This is to certify that Honorable Rudy Bowen has been reelected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as the member of the State Transportation Board from the 7th Congressional District for the term expiring April 15, 2020.
/s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR
/s/ David Ralston HONORABLE DAVID RALSTON SPEAKER, HOUSE OF REPRESENTATIVES
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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 18, 2015 in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Rudy Bowen was elected as the member of the State Transportation Board from the 7th Congressional District to serve a term expiring April 15, 2020.
Respectfully submitted,
/s/ David Shafer Honorable David Shafer Senator, District 48 CHAIRMAN
/s/ Valerie Clark Honorable Valerie Clark Representative, District 101 SECRETARY
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
TO:
HONORABLE BRIAN KEMP
SECRETARY OF STATE
This is to certify that Honorable Jay Shaw has been reelected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as the member of the State Transportation Board from the 8th Congressional District for the term expiring April 15, 2020.
/s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR
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1707
/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 18, 2015 in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Jay Shaw was elected as the member of the State Transportation Board from the 8th Congressional District to serve a term expiring April 15, 2020.
Respectfully submitted,
/s/ Jay Roberts Honorable Jay Roberts Representative, District 155 CHAIRMAN
/s/ Tommie Williams Honorable Tommie Williams Senator, District 19 SECRETARY
Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.
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Representative Hall, Atlanta, Georgia
Wednesday, March 4, 2015
Twenty-Sixth Legislative Day
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:
E Abrams Alexander Allison Atwood Ballinger Barr Battles
E Beasley-Teague Bell Belton Bennett
E Bentley Benton Beskin Beverly Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter
E Casas Chandler Cheokas Clark, D Clark, H Clark, V Coleman Cooke
Coomer Cooper Corbett E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps E Evans Fleming Floyd Fludd Frazier Frye Gardner Gasaway Geisinger Glanton Golick Gordon Gravley Greene
Hamilton Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, L Jones, S Kaiser Kelley E Kendrick Kidd Knight LaRiccia Lumsden E Mabra E Marin Martin Maxwell Mayo E McCall McClain
Meadows Mitchell Morris Nimmer Nix Oliver O'Neal E Pak Parrish Parsons Peake Petrea Pezold Powell, A Powell, J Prince E Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw
Sims Smith, E Smith, L Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R Stovall Stover Strickland Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner Waites Watson Welch Weldon Werkheiser E 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 Anderson of the 92nd, Jacobs of the 80th, Jordan of the 77th, Kirby of the 114th, Mosby of the 83rd, and Stephenson of the 90th.
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They wished to be recorded as present.
Prayer was offered by Minister Marcus Jackson, St. James Christian Fellowship, Inc., Lithonia, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 530. By Representative Williamson of the 115th:
A BILL to be entitled an Act to amend Chapter 1 of Title 7 of the O.C.G.A., relating to financial institutions, so as to provide for definitions; to provide for the establishment of first-time homebuyer savings accounts; to provide for restrictions of use and requirements for maintaining such accounts; to authorize the charging of service fees for such accounts; to provide for penalties for providing false information; to provide for rule-making authority; to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income for Georgia income
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tax purposes, so as to provide for income tax exemptions; to provide for penalties for unauthorized withdrawals; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
HB 531. By Representatives Mabra of the 63rd, Fleming of the 121st, Willard of the 51st, Strickland of the 111th, Reeves of the 34th and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to personal jurisdiction over nonresidents, so as to change provisions relating to the grounds for exercising personal jurisdiction over nonresidents; to change provisions relating to effect of appearance; to change provisions relating to venue; to amend Code Sections 19-13-2 and 34-1-7 of the Official Code of Georgia Annotated, relating to jurisdiction of superior court and application for temporary restraining order and injunction, respectively, so as to correct crossreferences; 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 532. By Representatives Reeves of the 34th, Carson of the 46th, Cooper of the 43rd, Wilkerson of the 38th, Parsons of the 44th and others:
A BILL to be entitled an Act to amend an Act creating one or more community improvement districts in Cobb County and each municipality therein, approved March 20, 1985 (Ga. L. 1985, p. 4009), as amended, so as to add a certain provision relating to the powers of such districts; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 533. By Representative Greene of the 151st:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Randolph County, approved February 13, 1935 (Ga. L. 1935, p. 778), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3630), so as to change the compensation of the chairperson and other members of the board; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
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HB 534. By Representatives Chandler of the 105th, Caldwell of the 131st, Golick of the 40th, Efstration of the 104th, Weldon of the 3rd and others:
A BILL to be entitled an Act to amend Code Section 16-6-22 of the Official Code of Georgia Annotated, relating to incest, so as to change provisions relating to the relationships between relatives which constitute incest; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 535. By Representatives Harrell of the 106th, Powell of the 32nd, Kaiser of the 59th, Frye of the 118th, Peake of the 141st and others:
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 provide that governing authorities of counties and municipalities in which the sale of alcoholic beverages for consumption on the premises is lawful may authorize sales of such alcoholic beverages during a certain time on Sundays; to change the time on Sunday during which farm wineries may sell certain wine for consumption on the premises; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 536. By Representatives Nimmer of the 178th, Harbin of the 122nd, Dickson of the 6th and Hamilton of the 24th:
A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to hearings and appeals relative to workers' compensation, so as to change certain provisions relating to filing of claims with the State Board of Workers' Compensation and dismissal of stale claims; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 537. By Representatives Rogers of the 29th, Hawkins of the 27th, Cooper of the 43rd and Hatchett of the 150th:
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
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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 542. By Representatives Wilkerson of the 38th, Mosby of the 83rd, Bentley of the 139th and Bryant of the 162nd:
A BILL to be entitled an Act to amend Article 11 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the higher education savings plan, so as to provide for matching of contributions by the state for certain low-income contributors; to provide for purposes; to provide for authority of the board; to provide for operation of the program, terms, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 543. By Representatives Clark of the 147th, Gravley of the 67th, Tarvin of the 2nd, Clark of the 98th, Caldwell of the 20th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 12, Title 16, Title 27, and Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding parks, historic areas, memorials, and recreation, crimes and offenses, game and fish, and parking for persons with disabilities, respectively, so as to change provisions relating to the weapons carry license and the carrying of weapons; to provide for the carrying of weapons by certain persons and in certain places without a licensing requirement; to provide for definitions; to render it a voluntary and administrative action for certain persons to seek issuance of a weapons carry license for the lawful carrying of a weapon; to provide for a short title; to provide for findings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 544. By Representatives Clark of the 147th, Setzler of the 35th, Gravley of the 67th, Turner of the 21st, Cantrell of the 22nd and others:
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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 allow for weapons carry license holders to carry in or on real property or buildings owned by or leased to institutions of postsecondary education; to revise definitions; to clarify the rights of private institutions of postsecondary education to exclude or eject a person from its property who is in possession of a weapon or long gun; to provide a short title; 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 545. By Representative Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act entitled "An Act to incorporate the town of Sumner," approved August 9, 1883 (Ga. L. 1882-83, p. 291), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4331), so as to provide for four-year terms for the mayor and councilmembers; to provide for serving officers; to provide for elections; to provide for the filling of vacancies; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 546. By Representative Jones of the 167th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of elections and registration for McIntosh County," approved May 4, 2006 (Ga. L. 2006, p. 4171), so as to provide that the board shall consist of five members; to provide for appointment; to provide for terms; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 547. By Representatives Fleming of the 121st, Powell of the 171st and Willard of the 51st:
A BILL to be entitled an Act to amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to year's support, so as to change provisions relating to taxes and tax liens; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
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HB 548. By Representative Carson of the 46th:
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 alternative homestead option sales and use 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.
HR 547. By Representative Jones of the 167th:
A RESOLUTION recognizing United States military veterans and dedicating a highway in their honor; and for other purposes.
Referred to the Committee on Transportation.
By unanimous consent, the 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 551. By Representative Brockway of the 102nd:
A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salary deductions applicable to public officers and employees, so as to authorize local political subdivisions to provide for voluntary contributions by employees through payroll deductions to certain not for profit organizations; to provide for a definition; to authorize voluntary deductions from wages or salaries of employees of the State of Georgia and local units of administration for purchases of consumer offerings through an employee purchase program facilitated by and through the Department of Administrative Services; to change a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 552. By Representatives Williamson of the 115th, Shaw of the 176th, Smith of the 134th, Efstration of the 104th and Golick of the 40th:
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 changes to the captive insurance company provisions; to add certain definitions; to change
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prerequisites to transacting insurance; to amend provisions relating to directors; to revise the required amounts of capital or surplus for each captive insurance company; to provide for application of certain provisions to the examination of a captive insurance company and add confidentiality of certain information and documents provided to the Commissioner; to change the taxation requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HR 548. By Representative Kirby of the 114th:
A RESOLUTION honoring the life of Ethan Rutledge and dedicating an intersection in his 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 514 HB 517 HB 521 HB 523 HB 525 HB 527 HB 529 HB 539 HB 541 SB 101 SB 125
HB 516 HB 518 HB 522 HB 524 HB 526 HB 528 HB 538 HB 540 HR 528 SB 108
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 279 Do Pass, by Substitute
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Respectfully submitted, /s/ England of the 116th
Chairman
Representative Stephens of the 164th District, Chairman of the Committee on Economic Development and Tourism, submitted the following report:
Mr. Speaker:
Your Committee on Economic Development and Tourism has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 510 Do Pass
Respectfully submitted, /s/ Stephens of the 164th
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:
HB 93 HB 278 HB 492
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute
HB 123 HB 455 HB 494
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute
Respectfully submitted, /s/ Powell of the 32nd
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, MARCH 4, 2015
Mr. Speaker and Members of the House:
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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 412 HR 395
Workers' compensation; change certain provisions (Substitute)(I&L-Hamilton-24th) Joint Georgia-Alabama Study Committee; create (IntC-Greene-151st)
Modified Structured Rule
HB 348
Labor; create State Workforce Development Board; provisions (I&LDickey-140th)
Structured Rule
HB 275 HB 276
HB 312
HB 339
Income tax; claimant agency; revise definition (W&M-Strickland-111th) Alcoholic beverages; modernize certain terms; provisions (Substitute)(RegI-Harrell-106th) Tobacco products; manufacturers and importers; remove certain bonding requirements (W&M-Tankersley-160th) Income tax credit; film, video or digital production; extend (Substitute)(W&M-Burns-159th)
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. Cook, the Secretary thereof:
Mr. Speaker:
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The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 85. By Senators Beach of the 21st, Ginn of the 47th, Gooch of the 51st, Mullis of the 53rd and Albers of the 56th:
A BILL to be entitled an Act to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, so as to revise the definition of project as applicable to said chapter; to modify the tax exemption of development authorities; to correct cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 89. By Senators Albers of the 56th, Beach of the 21st, Hufstetler of the 52nd, Black of the 8th, Williams of the 19th and others:
A BILL to be entitled an Act to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks for elementary and secondary education, so as to require instructional materials and content to be in digital or electronic format after a certain date; to require local boards of education to provide wireless electronic devices for students to access instructional materials and content; to revise provisions for purposes of conformity; to provide for a short title; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 100. By Senators Harper of the 7th, Albers of the 56th, Williams of the 19th, Dugan of the 30th, Seay of the 34th and others:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for applicability with current federal regulations in the safe operations of motor carriers and commercial motor vehicles; to provide for definitions; to provide for registration and regulation of for-hire intrastate motor carriers and intrastate motor carriers; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
SB 104. By Senators Dugan of the 30th, Miller of the 49th, Kennedy of the 18th and Jackson of the 24th:
A BILL to be entitled an Act to amend Code Section 50-17-50 of the Official Code of Georgia Annotated, relating to the State Depository Board, so as to delete references to building and loan associations; to modify the board
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composition to reflect current practice; 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 405. By Senator Dugan of the 30th:
A RESOLUTION recognizing Lisa McDonald as 2015 Charter School Leader of the Year; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 307. By Representative Jackson of the 128th:
A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Sandersville, approved March 28, 1990 (Ga. L. 1990, p. 4823), as amended, particularly by an Act approved April 29, 2014 (Ga. L. 2014, p. 4290), so as to change the provisions regarding election of members of the city council; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 388. By Representative Harden of the 148th:
A BILL to be entitled an Act to provide that the judge of the Probate Court of Wilcox County shall also serve as the chief magistrate of the Magistrate Court of Wilcox County on or after June 1, 2015, or upon vacancy of the office of chief magistrate; to provide for the compensation of such judge for service as chief magistrate; to provide for the continuation in office and expiration of term of the current chief magistrate; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 403. By Representative Jackson of the 128th:
A BILL to be entitled an Act to create a board of elections and registration for Washington County and to provide for its powers and duties; to define certain terms; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
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HB 404. By Representative Jackson of the 128th:
A BILL to be entitled an Act to abolish the office of county treasurer of Glascock County; to repeal an Act entitled "An Act to fix the salary of the treasurer of Glascock County," approved August 4, 1917 (Ga. L. 1917, p. 363); to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 413. By Representatives Turner of the 21st, Caldwell of the 20th, Cantrell of the 22nd, Carson of the 46th and Ballinger of the 23rd:
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.
HB 425. By Representative Cheokas of the 138th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Americus, approved April 13, 1992 (Ga. L. 1992, p. 5985), as amended, so as to provide for a city manager; to provide for appointment, qualifications, terms, removal, and vacancies; to provide for duties, powers, and responsibilities; to provide for appointment of a city clerk and finance director; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 431. By Representatives Shaw of the 176th, Carter of the 175th, Corbett of the 174th and Sharper of the 177th:
A BILL to be entitled an Act to authorize the governing authority of Lowndes County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 85.
By Senators Beach of the 21st, Ginn of the 47th, Gooch of the 51st, Mullis of the 53rd and Albers of the 56th:
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A BILL to be entitled an Act to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, so as to revise the definition of project as applicable to said chapter; to modify the tax exemption of development authorities; to correct cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
SB 89.
By Senators Albers of the 56th, Beach of the 21st, Hufstetler of the 52nd, Black of the 8th, Williams of the 19th and others:
A BILL to be entitled an Act to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks for elementary and secondary education, so as to require instructional materials and content to be in digital or electronic format after a certain date; to require local boards of education to provide wireless electronic devices for students to access instructional materials and content; to revise provisions for purposes of conformity; to provide for a short title; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 100. By Senators Harper of the 7th, Albers of the 56th, Williams of the 19th, Dugan of the 30th, Seay of the 34th and others:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for applicability with current federal regulations in the safe operations of motor carriers and commercial motor vehicles; to provide for definitions; to provide for registration and regulation of for-hire intrastate motor carriers and intrastate motor carriers; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 104. By Senators Dugan of the 30th, Miller of the 49th, Kennedy of the 18th and Jackson of the 24th:
A BILL to be entitled an Act to amend Code Section 50-17-50 of the Official Code of Georgia Annotated, relating to the State Depository Board, so as to delete references to building and loan associations; to modify the board
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composition to reflect current practice; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
Pursuant to HR 343, the House commended John Andrew Smoltz for his contributions to the State of Georgia; recognized his outstanding achievements in the sport of baseball; and invited him to be recognized by the House of Representatives.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Williams of the 87th, Gravley of the 67th et al., Epps of the 144th, Deffenbaugh of the 1st, Houston of the 170th, Buckner of the 137th, Wilkinson of the 52nd et al., Rhodes of the 120th, and Jones of the 62nd.
Pursuant to HR 309, the House commended Maggie Bridges on her continued dedication to the State of Georgia, congratulated her for being crowned Miss Georgia 2014, and invited her to be recognized by the House of Representatives.
Pursuant to HR 428, the House recognized the month of April, 2015, 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.
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 3
Do Pass, by Substitute
HB 353 Do Pass, by Substitute
Respectfully submitted, /s/ Rogers of the 29th
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:
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HB 339. By Representatives Burns of the 159th, Stephens of the 164th, Strickland of the 111th, Rice of the 95th, 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 the imposition, rate, and computation of state income taxes, so as to extend the tax credit for film, video, or digital production in this state; 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 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of state income taxes, so as to extend the tax credit for film, video, or digital production in this state; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of state income taxes, is amended by revising subsection (e) of Code Section 48-7-40.26, relating to the tax credit for film, video, or digital production in this state, as follows:
"(e)(1) In no event shall the aggregate amount of tax credits allowed under this Code section for qualified interactive entertainment production companies and affiliates exceed $25 million for taxable years beginning on or after January 1, 2013, and before January 1, 2014. The maximum credit for any qualified interactive entertainment production company and its affiliates shall be $5 million for such taxable year. When the $25 million cap is reached, the tax credit for qualified interactive entertainment production companies shall expire for such taxable years. (2) For taxable years beginning on or after January 1, 2014, and before January 1, 2015, the amount of tax credits allowed under this Code section for qualified interactive entertainment production companies and affiliates shall not exceed $12.5 million. (3) For taxable years beginning on or after January 1, 2015, and before January 1, 2016, the amount of tax credits allowed under this Code section for qualified interactive entertainment production companies and affiliates shall not exceed $12.5 million. (4) The tax credits allowed under this Code section for qualified interactive entertainment production companies and affiliates shall not be available for taxable
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years beginning on or after January 1, 2016 For taxable years beginning on or after January 1, 2016, and before January 1, 2019, the amount of tax credits allowed under this Code section for qualified interactive entertainment production companies and affiliates shall not exceed $12.5 million for each taxable year. The tax credits allowed under this Code section for qualified interactive entertainment production companies and affiliates shall not be available for taxable years beginning on or after January 1, 2019. (5) The maximum allowable credit claimed for any qualified interactive entertainment production company and its affiliates shall not exceed $1.5 million in any single year. (6) The commissioner shall allow the tax credits for qualified interactive entertainment production companies on a first come, first served basis based on the date the credits are claimed. (7) No qualified interactive entertainment production company shall be allowed to claim an amount of tax credits under this Code section for any single year in excess of its total aggregate payroll expended to employees working within this state for the calendar year directly preceding the start of the year the qualified interactive entertainment production company claims the tax credits. Any amount in excess of such limit shall not be eligible for carry forward to the succeeding years' tax liability, nor shall such excess amount be eligible for use against the qualified interactive entertainment production company's quarterly or monthly payment under Code Section 48-7-103, nor shall such excess amount be assigned, sold, or transferred to any other taxpayer. (8) Before the Department of Economic Development issues its approval to the qualified interactive entertainment production company for the qualified production activities related to interactive entertainment, the qualified interactive entertainment production company must certify to the department that:
(A) The qualified interactive entertainment production company maintains a business location physically located in this state; and (B) The qualified interactive entertainment production company had expended a total aggregate payroll of $500,000.00 or more for employees working within this state during the calendar year directly preceding the start of the taxable year of the qualified interactive entertainment production company. The department shall issue a certification that the qualified interactive entertainment production company meets the requirements of this paragraph; provided, however, that the department shall not issue any certifications before July 1, 2014. The qualified interactive entertainment production company shall provide such certification to the Department of Economic Development. The Department of Economic Development shall not issue its approval until it receives such certification. (9)(A) For taxable years beginning on or after January 1, 2016, and before January 1, 2019, the qualified interactive entertainment production company shall report to the Department of Revenue on its Georgia income tax return the monthly average number of full-time employees subject to Georgia income tax withholding for the
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taxable year as provided in subparagraphs (A) and (B) of this paragraph. For purposes of this paragraph, a full-time employee shall mean a person who performs a job that requires a minimum of 35 hours a week, and pays at or above the average wage earned in the county with the lowest average wage earned in this state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. (B) For taxable years beginning on or after January 1, 2016, and before January 1, 2017, the qualified interactive entertainment production company shall report such number for such taxable year and separately for each of the prior two taxable years. (C) For taxable years beginning on or after January 1, 2017, and before January 1, 2019, the qualified interactive entertainment production company shall report such number for each respective taxable year. (D) Notwithstanding Code Sections 48-2-15, 48-7-60, and 48-7-61, for such taxable years, the commissioner shall report yearly to the House Committee on Ways and Means and the Senate Finance Committee. The report shall include the name, tax year beginning, and monthly average number of full-time employees for each qualified interactive entertainment production company. The first report shall be submitted by June 30, 2016, and each year thereafter by June 30."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Pursuant to Rule 133, Representative Dudgeon of the 25th was excused from voting on HB 339.
The report of the Committee, which was favorable to the passage of the Bill, 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 Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas
Drenner Dudgeon Y Dukes Y Dunahoo Y Duncan
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Y Meadows Y Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D
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Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Ealum Y Efstration Y Ehrhart Y England
Epps E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley E Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden E Mabra E Marin Y Martin Y Maxwell E Mayo E McCall Y McClain
Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves
Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser E 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 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 312. By Representatives Tankersley of the 160th, Houston of the 170th and Clark of the 101st:
A BILL to be entitled an Act to amend Code Section 48-11-4 of the Official Code of Georgia Annotated, relating to the 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, so as to remove certain bonding requirements pertaining to manufacturers and importers of tobacco products; 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:
E Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer
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Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H 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 Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley E Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden E Mabra E Marin Y Martin Y Maxwell E Mayo E McCall Y McClain
Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 395. By Representatives Greene of the 151st, Nix of the 69th, Pezold of the 133rd, Smith of the 134th, Smyre of the 135th and others:
A RESOLUTION creating the Joint Georgia-Alabama 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 Y Anderson
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler
Y Harbin Y Harden Y Harrell Y Hatchett
Y Meadows Y Mitchell Y Morris Y Mosby
Y Smith, E Y Smith, L Y Smith, M Y Smith, R
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Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D N Clark, H 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 Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S
Jordan Y Kaiser Y Kelley E Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden E Mabra E Marin Y Martin Y Maxwell E Mayo E McCall Y McClain
Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw
Sims
Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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 164, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 412. By Representatives Hamilton of the 24th, Nimmer of the 178th, Fleming of the 121st, Ehrhart of the 36th, Bryant of the 162nd 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 workers' compensation; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
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To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change certain provisions relating to workers' compensation; to change certain provisions relating to the exclusivity of rights and remedies granted to an employee under workers' compensation and immunity granted to construction design professionals; to eliminate the Conformed Panel of Physicians as a method by which an employer may satisfy the requirements for furnishing medical care; to increase the maximum weekly compensation for temporary total disability benefits; to increase the maximum weekly compensation for temporary partial disability benefits; to change provisions relating to compensation payable to a surviving spouse when there are no other dependents; to change certain provisions relating to payment of assessments to the Subsequent Injury Trust Fund by insurers and self-insurers and calculations applicable thereto; to provide for the transfer of the books, records, and property of the Subsequent Injury Trust Fund to the custody of the Insurance Department upon dissolution of the fund; to change the date by which the fund and members of its board of trustees shall be discharged from their duties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by revising subsection (a) of Code Section 34-9-11, relating to exclusivity of rights and remedies granted to employee under Chapter 9 and immunity granted to construction design professionals, as follows:
"(a) The rights and the remedies granted to an employee by this chapter shall exclude and be in place of all other rights and remedies of such employee, his or her personal representative, parents, dependents, or next of kin, and all other civil liabilities whatsoever at common law or otherwise, on account of such injury, loss of service, or death; provided, however, that no employee the employer may be liable to the employee for rights and remedies beyond those provided in this chapter by expressly agreeing in writing to specific additional rights and remedies; provided, further, however, that the use of contractual provisions generally relating to workplace safety, generally relating to compliance with laws or regulations, or generally relating to liability insurance requirements shall not be construed to create rights and remedies beyond those provided in this chapter. No employee shall be deprived of any right to bring an action against any third-party tort-feasor, other than an employee of the same employer or any person who, pursuant to a contract or agreement with an employer, provides workers' compensation benefits to an injured employee, notwithstanding the fact that no common-law master-servant relationship or contract of employment exists between the injured employee and the person providing the benefits, and other than a construction design professional who is retained to perform professional services on or in conjunction with a construction project on which the employee was working when injured, or any employee of a construction design professional who is assisting in the
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performance of professional services on the construction site on which the employee was working when injured, unless the construction design professional specifically assumes by written contract the safety practices for the project. The immunity provided by this subsection to a construction design professional shall not apply to the negligent preparation of design plans and specifications, nor shall it apply to the tortious activities of the construction design professional or the employees of the construction design professional while on the construction site where the employee was injured and where those activities are the proximate cause of the injury to the employee or to any professional surveys specifically set forth in the contract or any intentional misconduct committed by the construction design professional or his or her employees."
SECTION 2. Said chapter is further amended by revising subsections (b) and (c) of Code Section 34-9201, relating to selection of physician from panel of physicians, change of physician or treatment, and liability of employer for failure to maintain panel, as follows:
"(b) The employer may satisfy the requirements for furnishing medical care under Code Section 34-9-200 in one of the following manners:
(1) The employer shall maintain a list of at least six physicians or professional associations or corporations of physicians who are reasonably accessible to the employees; provided, however, that the board may grant exceptions to the required size of the panel where it is demonstrated that more than four physicians or groups of physicians are not reasonably accessible. This list shall be known as the 'Panel of Physicians.' At least one of the physicians must shall practice the specialty of orthopedic surgery. Not more than two industrial clinics shall be included on the panel. An employee may accept the services of a physician selected by the employer from the panel or may select another physician from the panel. The physicians selected under this subsection from the panel may arrange for any consultation, referral, and extraordinary or other specialized medical services as the nature of the injury shall require without prior authorization from the board; provided, however, that any medical practitioner providing services as arranged by a primary authorized treating physician under this subsection shall not be permitted to arrange for any additional referrals. The employee may make one change from one physician to another on the same panel without prior authorization of the board; or (2) The employer may maintain a list of physicians in conformity with the guidelines and criteria established and contained in the Rules and Regulations of the State Board of Workers' Compensation. This list shall be known as the 'Conformed Panel of Physicians.' An employee may obtain the services of any physician from the conformed panel and may thereafter also elect to change to another physician on the panel without prior authorization of the board. The physician so selected will then become the primary authorized treating physician in control of the employee's medical care and may arrange for any consultation, referral, and extraordinary or other specialized medical services as the nature of the injury shall require without prior authorization by the board; provided, however, that any of the physicians to
WEDNESDAY, MARCH 4, 2015
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whom the employee is referred by the primary authorized treating physician shall not be permitted to arrange for any additional referrals; or (3)(2) A self-insured employer or the workers' compensation insurer of an employer may contract with a managed care organization certified pursuant to Code Section 349-208 for medical services required by this chapter to be provided to injured employees. Medical services provided under this paragraph shall be known as 'Managed Care Organization Procedures.' Those employees who are subject to the contract shall receive medical services in the manner prescribed in the contract. Each such contract must shall comply with the certification standards provided in Code Section 34-9-208. Self-insured employers or workers' compensation insurers who contract with a managed care organization for medical services shall give notice to the employees of the eligible medical service providers and such other information regarding the contract and manner of receiving medical services as the board may prescribe. (c) Consistent with the method elected under subsection (b) of this Code section, the employer shall post the Panel of Physicians or Conformed Panel of Physicians or Managed Care Organization Procedures in prominent places upon the business premises and otherwise take all reasonable measures to ensure that employees: (1) Understand the function of the panel or managed care organization procedures and the employee's right to select a physician therefrom in case of injury; and (2) Are given appropriate assistance in contacting panel or managed care organization members when necessary."
SECTION 3. Said chapter is further amended by revising Code Section 34-9-261, relating to compensation for total disability, as follows:
"34-9-261. While the disability to work resulting from an injury is temporarily total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $525.00 $550.00 per week nor less than $50.00 per week, except that when the weekly wage is below $50.00, the employer shall pay a weekly benefit equal to the average weekly wage. The weekly benefit under this Code section shall be payable for a maximum period of 400 weeks from the date of injury; provided, however, that in the event of a catastrophic injury as defined in subsection (g) of Code Section 34-9-200.1, the weekly benefit under this Code section shall be paid until such time as the employee undergoes a change in condition for the better as provided in paragraph (1) of subsection (a) of Code Section 34-9-104."
SECTION 4. Said chapter is further amended by revising Code Section 34-9-262, relating to compensation for temporary partial disability, as follows:
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"34-9-262. Except as otherwise provided in Code Section 34-9-263, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter but not more than $350.00 $367.00 per week for a period not exceeding 350 weeks from the date of injury."
SECTION 5. Said chapter is further amended by revising subsection (d) of Code Section 34-9-265, relating to compensation for death resulting from injury and other causes, penalty for death from injury proximately caused by intentional act of employer, and payment of death benefits where no dependents found, as follows:
"(d) The total compensation payable under this Code section to a surviving spouse as a sole dependent at the time of death and where there is no other dependent for one year or less after the death of the employee shall in no case exceed $150,000.00 $220,000.00."
SECTION 6. Said chapter is further amended by revising Code Section 34-9-358, relating to payment of assessments to the Subsequent Injury Trust Fund by insurers and self-insurers and calculations, as follows:
"34-9-358. (a) Prior to January 1, 2010, each insurer and self-insurer under this chapter shall, under regulations prescribed by the board of trustees, make payments to the fund in an amount equal to that proportion of 175 percent of the total disbursement made from the fund during the preceding calendar year less the amount of the net assets in the fund as of December 31 of the preceding calendar year which the total workers' compensation claims paid by the insurer or self-insurer bears to the total workers' compensation claims paid by all insurers and self-insurers during the preceding calendar year. (b) On or and after January 1, 2010, but prior to January 1, 2016, each insurer and selfinsurer under this chapter shall, under regulations prescribed by the board of trustees, make payments to the fund in an amount equal to that proportion of 175 percent of the total disbursement made from the fund during the preceding calendar year as of December 31 of the preceding calendar year which the total workers' compensation claims paid by the insurer or self-insurer bears to the total workers' compensation claims paid by all insurers and self-insurers during the preceding calendar year but not to exceed $100 million. (c) On and after January 1, 2016, each insurer and self-insurer under this chapter shall, under regulations prescribed by the board of trustees, make payments to the fund in an amount equal to that proportion of $100 million the total workers' compensation claims paid by the insurer or self-insurer bears to the total workers' compensation claims paid
WEDNESDAY, MARCH 4, 2015
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by all insurers and self-insurers during the preceding calendar year but not to exceed $100 million. (d) The administrator is authorized to create and maintain a reserve of surplus moneys as may be deemed necessary by the board of trustees in order to ensure sufficient moneys will be available for the payment of all claims that are to be paid by the fund in accordance with Code Section 34-9-368. (c)(e) The administrator is authorized to reduce or suspend assessments for the fund when a completed actuarial survey shows further assessments are not needed for all bona fide claims that are to be paid by the fund.
(d)(f)(1) When further assessments are not needed as all eligible workers' compensation claims for which the fund is liable in accordance with Code Section 349-368 have been paid and all related administrative costs have been accrued or paid and a balance remains in the fund, all insurers and self-insurers in this state who have maintained workers' compensation insurance in this state for any time during the preceding three years from the date that the last claim has been paid shall be entitled to a pro rata refund of assessments previously collected and unexpended in the remaining fund balance. (2) The calculation for such pro rata refund to be paid by the fund to each individual insurer and self-insurer shall be determined by the following formula:
The balance remaining in the fund shall be the numerator and shall be divided by the total amount of assessments for workers' compensation coverage paid by all insurers and self-insurers during the three-year period, which shall be the denominator. The quotient of the numerator and denominator shall be multiplied by the total amount of assessments that are paid by the individual insurer or self-insurer during the three-year period. The product of those numbers shall represent the amount to be paid to such insurer or self-insurer as its pro rata refund from the balance remaining in the fund. (3) Nothing in this subsection shall preclude the board of trustees from authorizing a loss portfolio transfer of any unresolved claims. (e)(g) An employer who has ceased to be a self-insurer prior to the end of the calendar year shall be liable to the fund for the assessment of the calendar year. Such employer who has ceased to be a self-insurer shall continue to be liable to the fund for assessments in subsequent calendar years so long as payments are made on any workers' compensation claims made while in self-insured status. (f)(h) The initial assessment of each insurer or self-insurer for the purpose of generating revenue to begin operation of the fund shall be in the amount of one-half of 1 percent of the workers' compensation premiums collected by the insurer for the preceding calendar years from an employer who is subject to this chapter or the equivalent of such in the case of a self-insurer."
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SECTION 7.
Said chapter is further amended by revising subsection (c) of Code Section 34-9-368, relating to reimbursement of self-insured employers or insureds and dissolution of the Subsequent Injury Trust Fund, as follows:
"(c) Upon or in contemplation of the final payment of all claims filed for subsequent injuries for which claims are filed for injuries occurring on and prior to June 30, 2006, the board of trustees shall adopt and implement resolutions providing for the final dissolution of the Subsequent Injury Trust Fund. Such resolutions shall become effective when all claims made for injuries occurring on and prior to June 30, 2006, have been fully paid or otherwise resolved and shall include provisions for:
(1) The termination of assessments against insurers or self-insurers; (2) The pro rata refund of assessments previously collected and unexpended, consistent with the provisions of subsection (d) (f) of Code Section 34-9-358; (3) The termination of employment of the employees of the fund or the transfer of employment of any employees to any other state agency desiring to accept them; (4) A final accounting of the financial affairs of the fund; and (5) The transfer of the books, records, and property of the fund to the custody of the State Board of Workers' Compensation Insurance Department. Upon the completion of all matters provided for in such resolutions, but not later than December 31, 2020 December 31, 2023, the Subsequent Injury Trust Fund and the members of its board of trustees shall be discharged from their duties except for such personnel necessary to administer any remaining claims."
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:
E Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold
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 Tankersley Y Tanner
WEDNESDAY, MARCH 4, 2015
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Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley E Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden E Mabra E Marin Y Martin Y Maxwell E Mayo E McCall Y McClain
Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw
Sims
Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 348. By Representatives Dickey of the 140th, Nimmer of the 178th, Coomer of the 14th and Rogers of the 10th:
A BILL to be entitled an Act to repeal Chapter 14 of Title 34 of the Official Code of Georgia Annotated, relating to the Georgia Workforce Investment Board; to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to create the State Workforce Development Board; to provide for a Workforce Division within the Department of Economic Development; to provide for a deputy commissioner; to provide for policy development and implementation; to revise provisions for the administration and dispersal of funds; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
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E Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter N Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
N Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S
Jordan Y Kaiser Y Kelley E Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden E Mabra E Marin Y Martin Y Maxwell E Mayo E McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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 160, nays 7.
The Bill, having received the requisite constitutional majority, was passed.
HB 275. By Representatives Strickland of the 111th, Ramsey of the 72nd, Harrell of the 106th, Knight of the 130th, Maxwell of the 17th and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection relative to income taxes, so as to revise the definition of the term "claimant agency"; to provide for an effective date; to repeal conflicting laws; and for other purposes.
WEDNESDAY, MARCH 4, 2015
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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
E Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley E Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden E Mabra E Marin Y Martin Y Maxwell E Mayo E McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 276. By Representatives Harrell of the 106th, Maxwell of the 17th, Powell of the 32nd and Martin of the 49th:
A BILL to be entitled an Act to amend Title 3 of the O.C.G.A., relating to alcoholic beverages, so as to modernize certain terms, repeal certain obsolete
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provisions, and remove or correct certain inconsistent references; to amend Code Section 51-1-40 of the Official Code of Georgia Annotated, relating to liability for acts of intoxicated persons, so as to make a cross-reference consistent; to amend Code Section 52-7-8.3 of the Official Code of Georgia Annotated, relating to operation of watercraft, identification, and operation by minors, so as to make a cross-reference consistent; 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 modernize certain terms, repeal certain obsolete provisions, and remove or correct certain inconsistent references; to define and change certain definitions applicable to alcoholic beverages; to consolidate and revise certain provisions related to occupational license taxes; to change certain provisions relating to promulgation of rules and regulations governing advertising of distilled spirits and other alcoholic beverages; to repeal in its entirety Article 3 of Chapter 3, relating to prohibited conduct on licensed premises; to repeal certain provisions relating to certain forms and filings applicable to licenses or taxes; to change certain provisions relating to dispensing, serving, or selling alcoholic beverages to or taking orders for alcoholic beverages from persons under 18 years of age; to change certain provisions relating to the sale or furnishing of alcoholic beverages to patients or inmates of Central State Hospital and to the sale or possession of alcoholic beverages near or upon the grounds of such hospital; to repeal certain provisions relating to retail dealer's signs and signs advertising the Georgia lottery; to remove the requirement that a permit be issued by the commissioner of revenue for educational and promotional distillery tours and tastings; to change certain provisions relating to the production of malt beverages in private residences, consumption, transportation and delivery, and home-brew special events; to change certain provisions relating to required markings on certain containers of malt beverages; to change certain provisions applicable to brewpub licenses; to change certain provisions relating to annual permits for educational and promotional brewery tours; to change certain provisions relating to the household production of wine; to amend Code Section 51-1-40 of the Official Code of Georgia Annotated, relating to liability for acts of intoxicated persons, so as to make a cross-reference consistent; to amend Code Section 52-7-8.3 of the Official Code of Georgia Annotated, relating to operation of watercraft, identification, and operation by minors, so as to make a cross-reference consistent; 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:
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SECTION 1.
Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by revising Code Section 3-1-2, relating to definitions, as follows:
"3-1-2. As used in this title, the term:
(1) 'Alcohol' means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. (2) 'Alcoholic beverage' means and includes all alcohol, distilled spirits, beer, malt beverage beverages, wine wines, or fortified wine wines. (3) 'Beer' means any malt beverage. (4) 'Brewer' means any person engaged in manufacturing malt beverages. (5) 'Brewery' means any licensed premises used for the purpose of manufacturing malt beverages. (3)(6) 'Brewpub' means any eating dining establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in Code Section 3-5-36, for retail consumption on the premises and solely in draft form. As used in this paragraph, the term 'eating establishment' means an establishment which is licensed to sell distilled spirits, beer, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food; provided, however, that barrels of beer sold to licensed wholesale dealers for distribution to retailers and retail consumption dealers, as authorized pursuant to subparagraph (C) of paragraph (2) of Code Section 3-5-36, shall not be used when determining the total annual gross food and beverage sales. (4)(7) 'Broker' means any person who that purchases or obtains an alcoholic beverage from an importer, distillery, brewery distiller, brewer, or winery vintner and sells the alcoholic beverage to another broker, an importer, or a wholesaler without having custody of the alcoholic beverage or maintaining a stock of the alcoholic beverage. (5)(8) 'Commissioner' means the state revenue commissioner. (6)(9) 'County or municipality' or 'municipality or county' means those political subdivisions of this state as defined by law and includes any form of political subdivision consolidating a county with one or more municipalities. (10) 'Denaturants' means materials authorized for use pursuant to Chapter I of Title 27 of the Code of Federal Regulations. (11) 'Denatured alcohol' or 'denatured distilled spirits' means alcohol to which denaturants have been added to render the alcohol unfit for beverage purposes or internal human medicinal use. (7)(12) 'Department' means the Department of Revenue. (13) 'Dessert wine' means a wine having an alcoholic strength of more than 14 percent alcohol by volume but not more than 24 percent alcohol by volume. (14) 'Dining establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines, or a combination thereof, and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared
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meals or food; provided, however, that any barrels of malt beverages sold to licensed wholesalers, as authorized pursuant to subparagraph (C) of paragraph (2) of Code Section 3-5-36, shall not be included when determining the total annual gross food and beverage sales. (8)(15) 'Distilled spirits' means any alcoholic beverage obtained by distillation or containing more than 24 percent alcohol by volume. (16) 'Distiller' means any person engaged in distilling, rectifying, or blending any distilled spirits. The term 'distiller' shall not include a person that blends wine with distilled spirits to produce a fortified wine. (17) 'Distillery' means any licensed premises used for the purpose of manufacturing distilled spirits. (18) 'Farm winery' means a vintner that makes at least 40 percent of its annual production from agricultural produce grown in the state where the vintner's winery is located and such winery:
(A) Is located on premises, a substantial portion of which is used for agricultural purposes, including the cultivation of grapes, berries, or fruits to be utilized in the manufacture or production of wine by the vintner; or (B) Is owned and operated by persons that are engaged in the production of a substantial portion of the agricultural produce used in the vintner's annual production. For purposes of this paragraph, the commissioner shall determine what is a substantial portion of such premises or agricultural produce. (19) 'Fermented apple beverage' means any alcoholic beverage containing not more than 6 percent alcohol by volume made from the fermentation of the juice of apples. For purposes of this title, the term 'fermented apple beverage' shall be deemed a malt beverage. (9)(20) 'Fortified wine' means any alcoholic beverage containing not more than 24 percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. The term 'fortified wine' includes, but is not limited to, brandy. (21) 'Fruit grower' means any person that grows perishable fruits in this state and manufactures distilled spirits from such perishable fruits. (10)(22) 'Gallon' or 'wine gallon' means a United States gallon of liquid measure equivalent to the volume of 231 cubic inches or the nearest equivalent metric measurement. (10.1) 'Hard cider' means an alcoholic beverage obtained by the fermentation of the juice of apples, containing not more than 6 percent alcohol by volume, including, but not limited to flavored or carbonated cider. For purposes of this title, hard cider shall be deemed a malt beverage. The term does not include 'sweet cider.' (23) 'Georgia farm winery' means a farm winery that is licensed by the commissioner to manufacture wine in this state. (11)(24) 'Importer' means any person who that: (A) Imports imports an alcoholic beverage into this state from a foreign country;
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(B) Sells such and sells the alcoholic beverage to another importer, a broker, or a wholesaler; and (C) Maintains who maintains a stock of the such alcoholic beverage. (12) 'Individual' means a natural person. (25) 'Keg' means any brewer-sealed container or barrel containing, by liquid volume, more than two gallons of malt beverage. (26) 'Liquor' means any distilled spirits. (13)(27) 'Malt beverage' means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than 14 percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does 'malt beverage' shall not include sake, known as Japanese rice wine. (14)(28) 'Manufacturer' means any maker, producer, or bottler of an alcoholic beverage. The term 'manufacturer' also means: (A) In the case of distilled spirits, any person engaged in distilling, rectifying, or blending any distilled spirits; provided, however, that a vintner that blends wine with distilled spirits to produce a fortified wine shall not be considered a manufacturer of distilled spirits distiller; (B) In the case of malt beverages, any brewer; and (C) In the case of wine, any vintner. (15)(29) 'Military reservation' means a duly commissioned post, camp, base, or station of a branch of the armed forces of the United States located on territory within this state which has been ceded to the United States. (30) 'Nonprofit museum' means a museum whose mission includes educating the public about the local, state, and national history of the United States and that is owned and operated by a bona fide nonprofit civic organization which holds title to improved real property with a structure listed on the National Register of Historic Places. (16)(31) 'Package' means a bottle, can, keg, barrel, or other original consumer container. (17)(32) 'Person' means any individual, firm, partnership, cooperative, nonprofit membership corporation, joint venture, association, company, corporation, agency, syndicate, estate, trust, business trust, receiver, fiduciary, or other group or combination acting as a unit, body politic, or political subdivision, whether public, private, or quasi-public. (33) 'Proper identification' means any document issued by a governmental agency containing a description of an individual or an individual's photograph, or both, and giving such individual's date of birth and includes, without being limited to, a passport, military identification card, driver's license, or identification card authorized under Code Sections 40-5-100 through 40-5-104. The term 'proper identification' shall not include a birth certificate and any traffic citation and complaint form.
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(18)(34) 'Retail consumption dealer' 'Retail on premise liquor dealer' means any person who sells that:
(A) Sells distilled spirits for consumption on the premises at retail only to consumers and not for resale; or
(B)(i) Sells distilled spirits for consumption on the premises at retail only to consumers and not for resale: and (ii) Sells either malt beverages or wine, or both. (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 spirits, the term shall have the same meaning as the term 'retail package liquor store.' (19.1)(35) 'Retail package liquor store dealer' means a retail business establishment owned by an individual, partnership, corporation, association, or other business entity any person that: (A) Sells the following in original and unbroken packages at retail only to consumers, not for resale and not for consumption on the premises: (i) Distilled spirits; or
(ii)(I) Distilled spirits; and (II) Either malt beverages or wine, or both; and (A)(B) Primarily Is 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 such that at least 75 percent of its the total annual gross sales are derived from the sale of a combination of distilled spirits, malt beverages, and wine alcoholic beverages. (36) 'Retail wine-malt beverage dealer' means any person that: (A) Sells either malt beverages or wine, or both, either in unbroken packages or for consumption on the premises, or both, at retail only to consumers and not for resale; and (B) Does not sell distilled spirits. (20)(37) 'Shipper' means any person who that ships an alcoholic beverage from outside this state. (21)(38) 'Standard case' means: (A) In relation to wine or distilled spirits, six containers of 1.75 liters, 12 containers of 750 milliliters, 12 containers of one liter, 24 containers of 500 milliliters, 24 containers of 375 milliliters, 48 containers of 200 milliliters, or 120 containers of 50 milliliters; and (B) In relation to malt beverages, a box or receptacle containing not more than 288 ounces. (39) 'Table wine' means wine having an alcoholic strength of not more than 14 percent alcohol by volume.
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(22)(40) 'Taxpayer' means any person made liable by law to file a return or to pay tax. (41) 'Vintner' means any person engaged in the manufacturing of wine. (23)(42) 'Wholesaler' or 'wholesale dealer' means any person who that sells alcoholic beverages to other wholesale dealers, to retail dealers, or to retail consumption dealers retail wine-malt beverage dealers, retail on premise liquor dealers, retail package liquor store dealers, or other wholesalers.
(24)(43)(A) 'Wine' means any alcoholic beverage containing not more than 24 percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added or made from honey. The term includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines, and like products. The term does 'wine' shall not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. (B) A liquid shall first be deemed to be a wine at that point in the manufacturing process when it conforms to the definition of wine the term 'wine' contained in this Code section subparagraph (A) of this paragraph. (44) 'Winery' means any licensed premises used for the purposes of manufacturing wine."
SECTION 2. Said title is further amended by revising Code Section 3-1-3, relating to existing forms and filings, as follows:
"3-1-3. Every form of license or tax document or other license or tax related filing lawfully in use immediately prior to July 1, 1981, may continue to be so used or be effective until the commissioner, in accordance with this title, otherwise prescribes. Reserved."
SECTION 3. Said title is further amended by revising Code Section 3-1-5, relating to posting of warning by retailer that consumption of alcohol during pregnancy is dangerous, as follows:
"3-1-5. (a) All retail consumption dealers and retail dealers retail on premise liquor dealers and retail wine-malt beverage dealers in this state who that sell at retail any alcoholic beverages for consumption on the premises shall post, in a conspicuous place, a sign which clearly reads: 'Warning: Drinking alcoholic beverages during pregnancy can cause birth defects.' (b) The department shall make such warning signs available to such retailers of alcoholic beverages retail on premise liquor dealers and retail wine-malt beverage dealers and shall promulgate rules and regulations with respect to the form and the
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posting of said such signs. A fee may be charged by the department to cover printing, postage, and handling expenses. (c) Any person who that fails or refuses to post the sign as required in this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $100.00 for each violation."
SECTION 4. Said title is further amended by adding a new Code section to read as follows:
"3-2-5.1. (a) Annual occupational license taxes are imposed as follows:
(1) In the case of distilled spirits, upon each: (A) Distiller ..................................................................................................$...1..,000.00
(B) Distiller that is a fruit grower................................................................ 500.00
(C) Distiller that is a nonprofit museum ........................................................... 100.00
(D) Wholesaler ................................................................................................1,000.00
(E) Importer.....................................................................................................1..,000.00
(F) Broker.......................................................................................................... 100.00
(G) Retail package liquor dealer:
(i) For distilled spirits only.............................................................................. 100.00
(ii) For distilled spirits and malt beverages ..................................................... 150.00
(iii) For distilled spirits and wine ................................................................ 150.00
(iv) For distilled spirits, malt beverages, and wine ......................................... 200.00
(H) Retail on premise liquor dealer:
(i) For distilled spirits only............................................................................. 100.00
(ii) For distilled spirits and malt beverages .................................................... 150.00
(iii) For distilled spirits and wine ................................................................ 150.00
(iv) For distilled spirits, malt beverages, and wine ........................................ 200.00 (2) In the case of malt beverages, upon each:
(A) Brewer ...................................................................................................$...1..,000.00
(B) Dining establishment that is a brewpub....................................................1..,000.00
(C) Wholesaler ................................................................................................ 500.00
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(D) Importer ................................................................................................ 500.00
(E) Broker.......................................................................................................... 50.00
(F) Retail wine-malt beverage dealer:
(i) For malt beverages only ............................................................................ 50.00
(ii) For malt beverages and wine ................................................................ 100.00 (3) In the case of wines, upon each:
(A) Vintner ...................................................................................................$...1..,000.00
(B) Farm winery................................................................................................ 50.00
(C) Georgia farm winery................................................................................... 50.00
(D) Wholesaler ................................................................................................ 500.00
(E) Importer....................................................................................................... 500.00
(F) Broker.......................................................................................................... 50.00
(G) Retail wine-malt beverage dealer:
(i) For wine only............................................................................................. 50.00
(ii) For wine and malt beverages ................................................................ 100.00
(H) Special order shipping applicant ................................................................ 50.00 (b) An annual occupational license tax shall be paid by each applicant for each place of business operated.
(c)(1) Except as provided in paragraph (2) of this subsection, an application for a license required pursuant to this title along with the payment of the tax required by subsection (a) of this Code section shall be submitted to the department immediately upon assuming control of the place of business and annually thereafter for so long as the business is operated. (2) An application for a special order shipping license shall be submitted to the department along with the payment of the tax required by subsection (a) of this Code section and with each new application upon the expiration of such license."
SECTION 5. Said title is further amended by revising Code Section 3-2-6, relating to establishment and operation of reporting system for collection of taxes on malt beverages, distilled spirits, and wines and applicability to reporting system of provisions of law relating to revenue stamps, as follows:
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"3-2-6. (a) With respect to malt beverages and wine, the The commissioner shall provide, and with respect to distilled spirits, the commissioner may provide, by regulation rules and regulations, that the taxes on malt beverages, wine, and distilled spirits shall be collected by a reporting system. (b) Pursuant to the establishment of a reporting system authorized by subsection (a) of this Code section, the commissioner may promulgate rules and regulations which shall include, but shall not be limited to, provisions for:
(1) Records to be made and kept; (2) Penalties to be assessed for failure to comply with the reporting system; (3) Bonds or other security to be posted with the commissioner; and (4) Other matters relative to the administration and enforcement of collecting the tax under the reporting system. (c) In the event the commissioner prescribes a reporting system for collection of taxes imposed on distilled spirits by this title, all of the laws applicable to revenue stamps shall apply to the reporting system. (d)(c) There is established a reporting system for the collection of state excise taxes imposed by this title on all taxable wine. The reporting system shall be conducted as follows: (1) Every licensed wholesale dealer wholesaler, importer, and broker located within this state shall file a monthly report with the commissioner, on forms prescribed by the commissioner, setting forth his such person's taxable wine sales for the month and shall remit with the report the appropriate excise taxes on the wine. The reports and remittances shall be filed with the commissioner not later than the fifteenth day of the month next following the month of sale; and (2) Every licensed manufacturer, winery, producer vintner, shipper, importer, and broker shipping wines or causing wines to be shipped into the this state shall file a monthly report with the commissioner, on forms prescribed by the commissioner, which shall set forth the total quantity of wines shipped into the this state during the month and which shall have attached to it legible copies of all invoices covering the shipments. The monthly reports shall be filed with the commissioner not later than the fifteenth day of the month next following the month of shipment."
SECTION 6. Said title is further amended by revising subsection (a) of Code Section 3-2-7, relating to expiration and renewal of licenses generally, continuation of operations by licensee pending final approval or disapproval of application for renewal, penalty for late application for renewal, and temporary permits, as follows:
"(a)(1) Except as otherwise specifically provided in paragraph (2) of this subsection or elsewhere in this title, all licenses issued pursuant to this title shall expire on December 31 of each year and application for renewal shall be made annually on or before November 1.
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(2) On and after July 1, 2013, licenses for retailers and retail dealers Licenses for retail wine-malt beverage dealers, retail on premise liquor dealers, and retail package liquor dealers shall be issued for a 12 month period to be determined by the commissioner and provided by regulation rules and regulations. Applications for renewal of licenses for retailers and retail dealers retail wine-malt beverage dealers, retail on premise liquor dealers, and retail package liquor dealers shall be made not less than 60 nor more than 90 days prior to expiration."
SECTION 7. Said title is further amended by revising Code Section 3-2-11, relating to penalties for failure to file reports or returns or to pay tax or fee and procedure for assessment of taxes due, penalties, and interest, as follows:
"3-2-11. Except as otherwise provided in this title:
(1) When any person required to file a report as provided by this title fails to file the report within the time prescribed, he such person shall be assessed a penalty of $50.00 for each failure to file.; (2) In the event the commissioner determines, upon inspection of the invoices, books, and records of a licensed wholesale dealer wholesaler or importer or from any other information obtained by him or her or his or her authorized agents, that the licensed wholesale dealer wholesaler or importer has not paid the proper tax or the proper amount of taxes, the wholesale dealer such wholesaler or importer shall be assessed for the taxes due. After assessment, the person assessed shall be provided with notice and an opportunity for a hearing as provided for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'; (3) When any person fails to pay any tax or license fee due as provided by this title, the such person shall be assessed a penalty the same as that provided for in Code Section 48-2-44.; (4) When any person fails to file a return, or files a false or fraudulent return, or when a tax deficiency or any part of a tax deficiency is due to a fraudulent intent to evade any tax imposed or authorized by this title, the such person shall be assessed a specific penalty of 50 percent of the tax due.; (5) When any person fails to pay the tax or any part of the tax due as provided by this title, the such person shall pay interest on the unpaid tax at the rate of 1 percent per month from the time the tax became due until paid or at the rate specified in Code Section 48-2-40, whichever is greater. Interest shall be computed on a monthly basis for any portion of a month during which payment is delinquent.; and (6) All penalties and interest imposed by this title shall be payable to and collected by the commissioner in the same manner as if they were a part of the taxes imposed by this title."
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SECTION 8. Said title is further amended by revising Code Section 3-2-15, relating to promulgation of rules and regulations governing advertising of distilled spirits, as follows:
"3-2-15. The commissioner shall may issue rules and regulations governing all the advertising of distilled spirits alcoholic beverages within this state."
SECTION 9. Said title is further amended by repealing in its entirety Article 3 of Chapter 3, relating to prohibited conduct on licensed premises.
SECTION 10. Said title is further amended by revising Code Section 3-3-6, relating to maintenance of records as to manufacture, purchase, or sale of alcoholic beverages by manufacturers, importers, or dealers and disposal of records, as follows:
"3-3-6. (a) Each manufacturer, importer, wholesale dealer, retail dealer, and retail consumption dealer wholesaler, retail package liquor dealer, retail wine-malt beverage dealer, and retail on premise liquor dealer shall keep and preserve, as prescribed by the commissioner, records of all alcoholic beverages manufactured, purchased, or sold by him such person. The records shall be kept for a period of three years from the date of manufacture, purchase, or sale and shall at all times be open to inspection by the commissioner or any authorized agent or employee of the commissioner. (b) The commissioner may authorize by rule rules and regulations the disposal of records maintained pursuant to subsection (a) of this Code section, prior to the expiration of the specified three-year period, when he or she is satisfied as to their the contents of such records or otherwise determines that the maintenance of the such records is no longer necessary."
SECTION 11. Said title is further amended by revising subsections (p) and (q) of Code Section 3-3-7, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, as follows:
"(p)(1) Notwithstanding other laws, in each county or municipality in which package sales of malt beverages and wine by retailers retail wine-malt beverage dealers are lawful, but package sales of distilled spirits by retailers retail package liquor dealers are not lawful, the governing authority of the county or municipality, as appropriate, may authorize package sales by retailers of malt beverages and wine by retail winemalt beverage dealers on Sundays between the hours of 12:30 P.M. and 11:30 P.M., if such Sunday sales of both malt beverages and wine are approved by referendum as provided in paragraph (2) of this subsection. (2) Any governing authority desiring to permit and regulate package sales by retailers of both malt beverages and wine by retail wine-malt beverage dealers on Sundays
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between the hours 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 both malt beverages and wine by retail wine-malt beverage dealers 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 or, in the case of a municipality, in a newspaper of general circulation in the municipality. 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 both malt
( ) NO beverages and wine by retail wine-malt beverage dealers on Sundays between the hours of 12:30 P.M. and 11:30 P.M.?'
All persons individuals desiring to vote for approval of package sales by retailers of malt beverages and wine by retail wine-malt beverage dealers on Sundays between the hours of 12:30 P.M. and 11:30 P.M. shall vote 'Yes,' and all persons individuals desiring to vote for rejection of package sales by retailers of malt beverages and wine by retail wine-malt beverage dealers 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 and wine by retail wine-malt beverage dealers 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 and wine by retail wine-malt beverage dealers shall become effective upon the date so specified in that such resolution or ordinance. 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. (3) Whenever package sales of malt beverages and wine on Sundays between the hours of 12:30 P.M. and 11:30 P.M. are authorized by a county or municipality pursuant to this subsection, Sunday package sales by retailers of malt beverages and wine by retail wine-malt beverage dealers may be made only by licensed retailers retail wine-malt beverage dealers that are licensed to sell by the package. (4) The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title relative to the sale of malt beverages and wine by retailers retail wine-malt beverage dealers. (q)(1) Notwithstanding other laws, in each county or municipality in which package sales of malt beverages, wine, and distilled spirits by retailers retail wine-malt beverage dealers and retail package liquor dealers are all lawful, the governing
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authority of the county or municipality, as appropriate, may authorize package sales by retailers of malt beverages, wine, and distilled spirits by retail wine-malt beverage dealers and retail package liquor dealers on Sundays between the hours of 12:30 P.M. and 11:30 P.M., if such Sunday sales of malt beverages, wine, and distilled spirits are approved by referendum as provided in paragraph (2) of this subsection. If the governing authority seeks authorization for Sunday sales of alcoholic beverages pursuant to this subsection, the governing authority shall seek authorization of for Sunday package sales by retailers retail wine-malt beverage dealers and retail package liquor dealers of all alcoholic beverages, including malt beverages, wine, and distilled spirits, and not of only one type of alcoholic beverage. (2) Any governing authority desiring to permit and regulate package sales by retailers of malt beverages, wine, and distilled spirits by retail wine-malt beverage dealers and retail package liquor dealers on Sundays between the hours 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 by retail wine-malt beverage dealers and retail package liquor dealers 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 or, in the case of a municipality, in a newspaper of general circulation in the municipality. 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 by retail wine-malt beverage dealers and retail package liquor dealers on Sundays between the hours of 12:30 P.M. and 11:30 P.M.?'
All persons individuals desiring to vote for approval of package sales by retailers of malt beverages, wine, and distilled spirits by retail wine-malt beverage dealers and retail package liquor dealers on Sundays between the hours of 12:30 P.M. and 11:30 P.M. shall vote 'Yes,' and all persons individuals desiring to vote for rejection of package sales by retailers of malt beverages, wine, and distilled spirits by retail winemalt beverage dealers and retail package liquor dealers 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 by retail wine-malt beverage dealers and retail package liquor dealers 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
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beverages, wine, and distilled spirits by retail wine-malt beverage dealers and retail package liquor dealers shall become effective upon the date so specified in that such 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 by retail wine-malt beverage dealers and retail package liquor dealers 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 by retail wine-malt beverage dealers 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. (3) Whenever package sales of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M. are authorized by a county or municipality pursuant to this subsection, Sunday package sales by retailers of malt beverages, wine, and distilled spirits by retail wine-malt beverage dealers and retail package liquor dealers may be made only by licensed retailers retail wine-malt beverage dealers and retail package liquor dealers that are licensed to sell by the package. (4) The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title relative to the sale of alcoholic beverages by retailers retail wine-malt beverage dealers and retail package liquor dealers."
SECTION 12. Said title is further amended by revising subsections (d) and (i) of Code Section 3-3-23, relating to furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages; use of false identification; proper identification; dispensing, serving, selling, or handling by persons under 21 years of age in the course of employment; seller's actions upon receiving false identification; and immunity for seeking medical assistance for alcohol related overdose, as follows:
"(d) The prohibition contained in paragraph (1) of subsection (a) of this Code section shall not apply with respect to the sale of alcoholic beverages by a person when such person has been furnished with proper identification showing that the person individual to whom the alcoholic beverage is sold is 21 years of age or older. For purposes of this subsection, the term 'proper identification' means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and includes, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under Code Sections 40-5-100 through 40-5-104. 'Proper identification' shall not include a birth certificate and shall not include any traffic citation and complaint form." "(i) Any retailer or retail consumption dealer retail package liquor dealer, retail winemalt beverage dealer, or retail on premise liquor dealer, or any person acting on behalf
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of such retailer or retail consumption dealer retail package liquor dealer, retail winemalt beverage dealer, or retail on premise liquor dealer, who that upon requesting proper identification from a person an individual attempting to purchase alcoholic beverages from such retailer or retail consumption dealer retail package liquor dealer, retail wine-malt beverage dealer, or retail on premise liquor dealer pursuant to subsection (h) of this Code section is tendered a driver's license which indicates that such driver's license is falsified, or is not the driver's license of the person individual presenting it, or that such person individual is under the age of 21 years, the person to whom said such license is tendered shall be authorized to either write down the name, address, and license number or to seize and retain such driver's license and in either event shall immediately thereafter summon a law enforcement officer who shall be authorized to seize the license either at the scene or at such time as the license can be located. The procedures and rules connected with the retention of such license by the officer shall be the same as those provided for the acceptance of a driver's license as bail on arrest for traffic offenses pursuant to Code Section 17-6-11."
SECTION 13. Said title is further amended by revising Code Section 3-3-24, relating to dispensing, serving, selling, or taking orders for alcoholic beverages by persons under 18 years of age, as follows:
"3-3-24. (a) No person shall allow or require a person an individual in his such person's employment under 18 years of age to dispense, serve, sell, or take orders for any alcoholic beverages. (b) This Code section shall not prohibit persons individuals under 18 years of age who are employed in supermarkets, convenience stores, breweries, or drugstores by a retail wine-malt beverage dealer that is not licensed for the same premises as a retail on premise liquor dealer or a retail package liquor dealer from selling or handling alcoholic beverages which are sold for consumption off the premises."
SECTION 14. Said title is further amended by revising Code Section 3-3-24.2, relating to the posting of laws concerning sales to underage persons, contents of notice, and punitive action against violators, as follows:
"3-3-24.2. (a) Each retail business establishment in this state which is licensed to sell alcoholic beverages of any kind shall post in a conspicuous place or places a notice which shall contain the provisions of the laws of this state which deal with the unlawful sale of such items alcoholic beverages to underage persons individuals and the penalties for violating such laws. (b) The department shall prepare, print, and distribute make available the notices required by subsection (a) of this Code section. The notices shall contain those provisions of the law laws of this state which the department determines will best
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inform the citizens of this state of the relevant provisions of the law laws of this state regarding sale of alcoholic beverages to underage persons individuals. (c) The commissioner may take punitive action against violators, up to and including revocation of the state retail dealer's license to sell alcoholic beverages of any retail business establishment which fails to comply with this Code section. The undertaking of any punitive action allowed under this Code section shall not prohibit criminal prosecution for sale to underage persons individuals."
SECTION 15. Said title is further amended by revising Code Section 3-3-25, relating to furnishing alcoholic beverages to prisoners or inmates of places of confinement, possession on grounds or within 200 yards of certain buildings prohibited, and exceptions, as follows:
"3-3-25. (a) No person knowingly and intentionally shall:
(1) Offer for sale, sell, barter, exchange, give, provide, or furnish alcoholic beverages to:
(A) Any any person confined in any jail, penal institution, correctional facility, or other lawful place of confinement; or (B) Any person who is a patient or lawful inmate of the Central State Hospital; (2) Offer for sale any alcoholic beverages within 200 yards of any building of the Central State Hospital which was in existence on July 1, 1977; or (3)(2) Introduce or possess any alcoholic beverages upon the grounds of the Central State Hospital or in the buildings of the Georgia War Veterans Home operated for the use and care of disabled war veterans. (b) Nothing contained in this Code section shall prevent or prohibit: (1) The administration of alcohol by the staff of the above-mentioned institutions provided for in subsection (a) of this Code section to any prisoner, patient, or lawful inmate in strict compliance with the prescription of a licensed physician; or (2) The staff members of the Central State Hospital and the Georgia War Veterans Home who maintain their domicile on the grounds of these institutions such institution from possessing alcoholic beverages for their own consumption or for that of their families or persons invited to their homes, except patients or lawful inmates of these institutions such institution. (c) No person shall knowingly allow any other person to violate this Code section."
SECTION 16. Said title is further amended by revising Code Section 3-3-26, relating to breaking of a package on the premises, as follows:
"3-3-26. No retail dealer retail package liquor dealer shall knowingly and intentionally allow or permit the breaking of any package or packages containing alcoholic beverages on the premises where sold or allow or permit the drinking of the contents of such package or
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packages on the premises where sold. This Code section shall not apply with respect to sales pursuant to a license for consumption on the premises."
SECTION 17. Said title is further amended by revising Code Section 3-3-40, relating to definitions relative to prohibited conduct on licensed premises, as follows:
"3-3-40. As used in this article, the term:
(1) 'Licensed premises' means any premises in which alcoholic beverages are sold or dispensed for consumption on the premises and shall include any premises which are required by law to be licensed to sell or dispense alcoholic beverages for consumption on the premises. (2) 'Operator' means and includes the owner, license holder, operator, manager, and person in charge of any licensed premises Reserved."
SECTION 18. Said title is further amended by revising Code Section 3-4-1, relating to definitions relative to distilled spirits, as follows:
"3-4-1. As used in this chapter, the term:
(1) 'Denatured alcohol' or 'denatured distilled spirits' means alcohol, as defined in Code Section 3-1-2, to which denaturants have been added in order to render the alcohol unfit for beverage purposes or internal human medicinal use. As used in this paragraph, the term 'denaturants' means materials authorized for use pursuant to Chapter 1 of Title 27 of the Code of Federal Regulations, as the same may now or hereafter be amended. (2) 'Distiller' means a manufacturer. (3) 'Fruit grower' means any person who grows peaches, apples, pears, grapes, or other perishable fruits in this state and who manufactures distilled spirits from the perishable fruits grown in this state Reserved."
SECTION 19. Said title is further amended by revising Code Section 3-4-2, relating to inapplicability of chapter to ethyl alcohol used for certain purposes, as follows:
"3-4-2. (a) This chapter shall not apply to ethyl alcohol intended for use or used for the following purposes:
(1) For scientific, chemical, mechanical, industrial, medicinal, and culinary purposes; (2) For use by those authorized to procure ethyl alcohol tax free, as provided by federal law; (3) In the manufacture of denatured alcohol or denatured distilled spirits produced and used as provided by federal law;
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(4) In the manufacture of patented, patent, proprietary, medicinal, pharmaceutical, antiseptic, toilet, scientific, chemical, mechanical, and industrial preparations or products unfit for beverage purposes; or (5) In the manufacture of flavoring extracts and syrups unfit for beverage purposes. (b) Nothing contained in subsection (a) of this Code section shall prohibit the commissioner from promulgating reasonable rules and regulations with regard to ethyl alcohol intended for use or used for any of the above-mentioned purposes in subsection (a) of this Code section in order to ensure proper enforcement of this title."
SECTION 20. Said title is further amended by repealing Code Section 3-4-3, relating to retail dealer's signs and signs advertising the Georgia lottery, in its entirety as follows:
"3-4-3. (a) Except as otherwise provided in subsection (b) of this Code section, a licensed retail dealer in distilled spirits may display at the licensee's place of business unilluminated signs, using letters not larger than eight inches in height, flat against the outside of the building, below the roof line, bearing the words 'liquor,' 'beer,' 'wine,' 'champagne,' or any combination thereof, and 'package store' or 'liquor store,' together with the trade name of the retail dealer. In addition to such signs flat against the outside of the building, the retail dealer may display at a location on the tract of property upon which the business is located, but not affixed to the building, one unilluminated sign using letters not larger than eight inches in height bearing the words 'package store' or 'liquor store' and the trade name of the retail dealer. Subject to any more restrictive size limitations contained in the ordinances of the political subdivision in which the place of business is located, a sign not affixed to the building may be no larger than 16 square feet in area. (b) Notwithstanding the provisions of subsection (a) of this Code section, the commissioner shall be authorized by rules and regulations to permit licensed retail dealers in distilled spirits to display signs inside and outside their retail establishments which advertise or promote any lottery authorized under Chapter 27 of Title 50, the 'Georgia Lottery for Education Act,' provided that such signs are in compliance with said Chapter 27 of Title 50 and the rules and regulations of the board of directors of the Georgia Lottery Corporation."
SECTION 21. Said title is further amended by revising Code Section 3-4-20, relating to state license tax applicable to distilled spirits, as follows:
"3-4-20. (a) An annual occupational license tax is imposed upon each distiller, manufacturer, broker, importer, wholesaler, fruit grower, and retail dealer of distilled spirits in this state, as follows:
(1) Upon each distiller and manufacturer .......................................................$...1..,000.00
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(2) Upon each wholesale dealer .........................................................................1..,000.00
(3) Upon each importer ......................................................................................1..,000.00
(4) Upon each fruit grower .................................................................................. 500.00
(5) Upon each broker ........................................................................................... 100.00
(6) Upon each retail dealer................................................................................... 100.00
(7) Upon each special event use permit applicant ............................................... 100.00 (b) An annual occupational license tax shall be paid for each place of business operated. An application for the applicable license required pursuant to this title along with the payment of the tax required by subsection (a) of this Code section shall be submitted to the department immediately upon assuming control of the place of business and annually thereafter for so long as the business is operated Reserved."
SECTION 22. Said title is further amended by revising Code Section 3-4-21, relating to person not to be issued more than two retail dealer licenses, as follows:
"3-4-21. (a) No person shall be issued more than two retail dealer retail package liquor dealer licenses, nor shall any person be permitted to have a beneficial interest in more than two retail dealer retail package liquor dealer licenses issued under this chapter, regardless of the degree of such interest. (b) For purposes of this Code section:
(1) The term 'person' shall include all members of a retail dealer retail package liquor dealer licensee's family; and the term 'family' shall include any person individual related to the holder of the license within the first degree of consanguinity and affinity as computed according to the canon law. (2) The beneficiaries of a trust shall be considered to have a beneficial interest in any business forming a part of the trust estate. (c) Nothing contained in this Code section shall prohibit the reissuance of a valid retail dealer retail package liquor dealer license if the such license has been: (1) Held prior to the creation of any of the above relationships in subsection (b) of this Code section by marriage; or (2) Held prior to April 3, 1978."
SECTION 23. Said title is further amended by revising Code Section 3-4-21.1, relating to retail licenses, as follows:
"3-4-21.1. (a) A separate retail license for retail on premise liquor dealers and retail package liquor dealers shall be required for each place of business.
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(b) In cases where a retail licensee package liquor dealer is moving his package sales the business to a different location, he such licensee shall be authorized to make application to have the license for the location previously occupied apply to the new location. Anything contained in Code Section 3-4-21 to the contrary notwithstanding, if the retail such licensee complies with all other requirements of law, the commissioner shall authorize the existing license to apply to the new location."
SECTION 24. Said title is further amended by revising Code Section 3-4-22, relating to the filing of bonds by applicants for licenses, as follows:
"3-4-22. (a) All applicants for all licenses issued pursuant to this chapter shall file with the commissioner, along with each initial application, a bond:
(1) Conditioned to pay all sums which may become due by the applicant to this state as taxes, license fees, or otherwise, arising out of the operation of the business for which licensure is sought; and (2) Conditioned to pay all penalties which may be imposed upon the applicant for failure to comply with the laws and rules and regulations pertaining to distilled spirits. The surety for the bonds shall be a surety company licensed to do business in this state, and the bonds shall be in such form as may be required by the commissioner and may be for a term of up to five calendar years. (b) The bonds shall be in the following calendar year amounts: (1) For distillers and manufacturers, $10,000.00; (2) For wholesale dealers wholesalers and importers, $5,000.00; and (3) For retail dealers retail on premise liquor dealers, retail package liquor dealers, and brokers, $2,500.00. (c) All applicants for annual renewal of licenses issued pursuant to this chapter, other than retail licenses for retail on premise liquor dealers and retail package liquor dealers, shall file an annual bond or have a multiyear bond on file with the department that extends at least through the end of the calendar year for which renewal is sought. Such bonds shall meet the same conditions as those filed with the initial application."
SECTION 25. Said title is further amended by revising Code Section 3-4-23, relating to certificate of residence of applicant for license required and purpose of section, as follows:
"3-4-23. (a) No retail dealer's retail package liquor dealer license shall be issued to any person unless an application is filed with the commissioner, accompanied by a certificate by the judge of the probate court of the county of the applicant's residence certifying that the applicant has been a bona fide resident of the county or municipality for at least 12 months immediately preceding the application and is a resident of the county or municipality where distilled spirits may be legally sold under this chapter.
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(b) It is the purpose and intention of this Code section to prevent the sale of distilled spirits in any county or municipality other than those where distilled spirits may be legally sold under this chapter."
SECTION 26. Said title is further amended by revising Code Section 3-4-24, relating to issuance to fruit growers of license to manufacture distilled spirits, storage and disposition, limitations upon manufacture and sale, issuance of manufacturer's or distiller's license in certain counties or municipalities, educational and promotional tours, and tasting room limitations for certain licensees, as follows:
"3-4-24. (a) The commissioner may issue a license to a fruit grower authorizing the such fruit grower to manufacture distilled spirits from perishable fruits grown in this state. (b) If any distilled spirits are or alcohol is manufactured as permitted by this Code section in any county, municipality, or county area exclusive of certain incorporated areas, as the case may be, in which the such distilled spirits are or alcohol is not to be sold under the terms of this chapter, the licensee shall immediately store the distilled spirits or alcohol in a warehouse or warehouses designated by the commissioner to be sold or disposed of under the supervision of the commissioner in states, counties, or municipalities permitting the legal sale of distilled spirits or alcohol. (c) It shall be unlawful for the licensee to sell or dispose of any such distilled spirits or alcohol:
(1) In any municipality, county, or unincorporated area of a county in which the sale of distilled spirits or alcohol is prohibited by this chapter; or (2) To any person not holding an importer's, broker's, or wholesaler's license issued pursuant to this chapter or by another state. (d) A manufacturer's or distiller's license may be issued pursuant to this Code section to a fruit grower for the manufacture of distilled spirits in any county or municipality of this state that has approved either the package sale of distilled spirits or the sale of distilled spirits by the drink, or both, as provided in this chapter. (e) A manufacturer or distiller issued a license pursuant to this Code section may provide educational and promotional tours. (f) The commissioner may issue a license pursuant to this Code section to a fruit grower licensed as a farm winery authorizing such fruit grower to manufacture distilled spirits and fortified wines for sale exclusively through a licensed and designated wholesaler; provided, however, that the farm winery has no more than one tasting room located on its licensed premises. For purposes of this subsection, the term 'licensed premises' shall mean the premises for which the farm winery license is issued or property located contiguous to the farm winery such premises and owned by the farm winery."
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SECTION 27. Said title is further amended by revising Code Section 3-4-24.1, relating to license to manufacture distilled spirits from agricultural products other than perishable fruits grown in Georgia, as follows:
"3-4-24.1. (a) The commissioner may issue a distiller's license authorizing the manufacture of distilled spirits from agricultural products other than perishable fruits grown in this state. (b) If any distilled spirits are or alcohol is manufactured as permitted by this Code section in any county, municipality, or county area exclusive of certain incorporated areas, as the case may be, in which the such distilled spirits are or alcohol is not to be sold under the terms of this chapter, the licensee shall immediately store the distilled spirits or alcohol in a warehouse or warehouses designated by the commissioner to be sold or disposed of under the supervision of the commissioner in states, counties, or municipalities permitting the legal sale of distilled spirits or alcohol. (c) It is unlawful for the licensee to sell or dispose of any such distilled spirits or alcohol:
(1) In any municipality, county, or unincorporated area of a county in which the sale of distilled spirits or alcohol is prohibited by this chapter; or (2) To any person not holding an importer's, broker's, or wholesaler's license issued pursuant to this chapter or by another state. (d) A manufacturer's or distiller's license may be issued pursuant to this Code section for the manufacture of distilled spirits from agricultural products other than perishable fruits in any county or municipality of this state that has approved either the package sale of distilled spirits or the sale of distilled spirits by the drink, or both, as provided in this chapter. (e) A manufacturer or distiller issued a license pursuant to this Code section may provide educational and promotional tours."
SECTION 28. Said title is further amended by revising Code Section 3-4-25, relating to retail dealers to sell only unbroken packages, as follows:
"3-4-25. (a) A retail dealer's retail package liquor dealer license shall authorize the holder to sell distilled spirits only in the original and unbroken package or packages, which package or packages shall contain not less than 50 milliliters each. (b) The A retail package liquor dealer license shall not permit the breaking of the package or packages on the premises where sold and shall not permit the drinking of the contents of the package or packages on the premises where sold."
SECTION 29. Said title is further amended by revising Code Section 3-4-26, relating to advertisement of prices and sale at price less than cost, as follows:
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"3-4-26. (a) No person holding a retail dealer's license to deal in distilled spirits by the package shall display any advertisement of or information regarding the price or prices of any distilled spirits in any show window or other place visible from outside the licensee's place of business. (b)(a) No person licensed to sell distilled spirits by the package for carry-out purposes holding a retail package liquor dealer license shall sell such beverages distilled spirits at a price less than the cost which such licensee person pays for such distilled spirits. As used in this subsection, cost shall include the wholesale price plus the local excise tax imposed, as reflected in invoices which the commissioner of revenue may require to be maintained on said licensee's such person's place of business. (c)(b) The commissioner of revenue shall be authorized to adopt such rules and regulations as he or she deems necessary to provide for exception to the prohibition provided in subsection (b) (a) of this Code section for reasons relating to liquidation of inventory, close-out closeout of brands, outdated products, or any other reason the commissioner may determine to merit an exception."
SECTION 30. Said title is further amended by revising Code Section 3-4-27, relating to notice of intention to secure retail dealer license, as follows:
"3-4-27. (a) No application for a retail dealer retail package liquor dealer license for the sale of distilled spirits shall be acted upon until after the applicant has published in the newspaper which publishes the legal advertisements of the county wherein such person proposes to engage in business a notice of his intention to secure a retail package liquor dealer license. Such notice shall be published at least once during the 30 days immediately preceding the filing of the application for a license. Such notice shall be in large boldface type and shall state:
(1) The type of license for which application has been filed; (2) The exact location of the place of business for which a license is sought; (3) The names and addresses of each owner of the business; and (4) If the applicant is a corporation, the names and titles of all corporate officers. (b) Proof of publication of the notice required by this Code section shall be attached to an application for a retail dealer retail package liquor dealer license. (c) An applicant for a renewal license shall not be subject to the notice requirements of this Code section."
SECTION 31. Said title is further amended by revising Code Section 3-4-49, relating to municipalities and counties which may adopt regulations and determine location, as follows:
"3-4-49. (a) A municipality or county may adopt all reasonable rules and regulations, consistent with this title, as may fall within the police powers of the municipality or county to
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regulate any business described in this chapter; provided, however, that on and after July 1, 1997, no municipality or county shall authorize the location of a new retail package liquor dealer licensed place of business or the relocation of an existing retail package liquor dealer licensed place of business engaged in the retail package sales of distilled spirits within 500 yards of any other business licensed to sell package liquor distilled spirits at retail, as measured by the most direct route of travel on the ground; provided, however further, that this such limitation shall not apply to any hotel licensed under this chapter. The restriction provided for in this subsection shall not apply at to any location for which a license has been issued prior to July 1, 1997, nor to the renewal of such license. Nor shall In addition, the restriction of this subsection shall not apply to any location for which a new license is applied for if the sale of distilled spirits was lawful at such location at any time during the 12 months immediately preceding such application. (b) All municipal and county authorities issuing licenses shall within their respective jurisdictions have authority to determine the location of any distillery, wholesale business, or retail business licensed by them, not inconsistent with this title."
SECTION 32. Said title is further amended by revising Code Section 3-4-61, relating to the payment of state excise taxes by a licensed wholesale dealer in distilled spirits and the report of quantities of distilled spirits sold for the preceding month, as follows:
"3-4-61. (a) Except as may otherwise be authorized in this title, the state excise taxes imposed by this part shall be paid by the licensed wholesale dealer in wholesaler of distilled spirits. (b) The taxes shall be paid on or before the tenth day of the month following the calendar month in which the beverages distilled spirits are sold or disposed of within the particular municipality or county by the wholesale dealer wholesaler. (c) Each licensee responsible for the payment of the excise tax shall file a report itemizing for the preceding calendar month, by size and type of container, the exact quantities of distilled spirits sold during the month within the this state. The licensee shall file the report with the commissioner. (d) The wholesaler shall remit to the commissioner the tax imposed by the state on the tenth day of the month following the calendar month in which the sales were made. (e) In order to phase in the reporting system of excise tax payment for distilled spirits and alcohol:
(1) The commissioner shall direct that no later than January 31, 1993, all persons who made excise tax payments in respect of distilled spirits and alcohol sales in the State of Georgia during the calendar year 1992 shall make a one-time deposit equal to the amount of 25 percent of said tax payments. This one-time advance shall be repaid in full by the state in equal semiannual installments over the period of 24 months following August 1, 1993; except that, in the event wholesalers made payments as
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provided for in this paragraph, the commissioner shall repay such wholesalers in the form of semiannual credits against future tax liability; (2) On February 1, 1993, or as soon thereafter as practicable, the commissioner shall direct that an inventory be taken of stamped merchandise and tax stamps held by manufacturers, shippers, and wholesalers. The commissioner shall issue refunds to all manufacturers and shippers for the value of tax stamps in their possession on February 1, 1993, to be paid in 12 equal installments beginning on August 1, 1993. The commissioner shall issue tax credits to wholesalers for stamps in inventory on February 1, 1993, which shall be applied as credits against the wholesaler's future tax liability for the 12 month period beginning with the report due on August 10, 1993; (3) Nothing in this subsection shall be construed to impose an additional excise tax on distilled spirits and alcohol held in inventory by wholesalers and retailers above the excise tax paid prior to February 1, 1993; and (4) The commissioner shall adopt rules and regulations for the implementation of a reporting method of paying distilled spirits and alcohol excise taxes as well as the elimination of the use of any type of distilled spirits and alcohol stamp. The commissioner shall have full authority to allow credits or make refunds as provided for in this subsection."
SECTION 33. Said title is further amended by revising Code Section 3-4-90, relating to authorization by counties or municipalities of issuance of licenses for sale of distilled spirits by the drink generally and procedure, as follows:
"3-4-90. (a) Each county or municipality may authorize, through proper resolution or ordinance, the issuance of licenses to sell distilled spirits by the drink for consumption only on the premises where sold; except as provided in Code Section 3-9-11 for in-room service by hotels, retail consumption dealers retail on premise liquor dealers shall not buy or sell distilled spirits in packages of 50 milliliters.
(b)(1) Except as otherwise provided in this subsection, a county or municipality shall adopt such resolutions or ordinances only after the authority to do so has been authorized as provided in either Code Section 3-4-91 or 3-4-92.
(2)(A) The governing authority of every county having a population of not less than 50,000 nor more than 53,000 according to the United States decennial census of 1990 or any future such census and the governing authority of every municipality within every such county, through proper resolution or ordinance, may authorize the issuance of licenses to sell alcoholic beverages by the drink for consumption only on the premises where sold. Every such governing authority shall have full power and authority to adopt all reasonable rules and regulations governing the qualifications and criteria for the issuance of any such licenses and shall further have the power and authority to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this subparagraph, including, but not limited to, the regulation of hours of business, types of employees, and other
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matters which may fall within the police powers of such counties and municipalities. Those persons who that are duly licensed as wholesalers under this title shall be authorized to sell distilled spirits at wholesale prices to any person or persons licensed as provided in this subparagraph; and the person or persons licensed under this subparagraph shall be authorized to purchase distilled spirits from a licensed wholesaler at wholesale prices. (B) No resolution or ordinance adopted pursuant to subparagraph (A) of this paragraph shall become effective until the governing authority of the county or municipality submits to the qualified electors of the county or municipality the question of whether the such resolution or ordinance or resolution shall be approved or rejected. If in the election a majority of the electors voting on the question vote for approval, the resolution or ordinance or resolution shall become effective at such time as is provided for in the such resolution or ordinance; otherwise, it shall be of no force and effect."
SECTION 34. Said title is further amended by revising Code Section 3-4-111, relating to sale by wholesalers to licensees, purchase by licensees from wholesalers, and declaration of contraband, as follows:
"3-4-111. (a) Those persons who that are duly licensed as wholesalers of distilled spirits under this title may sell distilled spirits at wholesale prices to any person or persons licensed as provided in this article. Persons licensed under this article may purchase distilled spirits from a licensed wholesaler at wholesale prices. (b) Any distilled spirits possessed, sold, or offered for sale by a retail dealer or retail consumption dealer retail package liquor dealer or retail on premise liquor dealer which are purchased or otherwise acquired from any person other than a wholesale dealer wholesaler authorized to do business under this chapter are declared to be contraband and shall be seized and disposed of by the commissioner in the manner provided in this title."
SECTION 35. Said title is further amended by repealing Code Section 3-4-111.1, relating to the state license tax and the application for retail consumption dealer's license submitted to the Department of Revenue, as follows:
"3-4-111.1. (a) An annual occupational license tax in the amount of $100.00 is imposed upon each retail consumption dealer in this state. (b) The annual occupational license tax shall be paid for each place of business operated. An application for a retail consumption dealer's license required pursuant to this title along with the payment of the tax required by subsection (a) of this Code section shall be submitted to the department immediately upon assuming control of the place of business and annually thereafter for so long as the business is operated."
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SECTION 36. Said title is further amended by revising Code Section 3-4-133, relating to excise tax on sale by the drink and dealers collecting tax of allowed percentage of tax due, as follows:
"3-4-133. Dealers Retail on premise liquor dealers collecting the tax authorized by Code Sections 3-4-130 and 3-4-131 shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due, if the amount is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from state tax under Chapter 8 of Title 48."
SECTION 37. Said title is further amended by revising Code Section 3-4-180, relating to tastings of distilled spirits, definitions, and general provisions, as follows:
"3-4-180. (a) As used in this Code section, the term:
(1) 'Free tastings' means the provision of complimentary samples of distilled spirits to the public for consumption on the premises of a distiller. (2) 'Sample' means one-half of one ounce of distilled spirits. (b) The commissioner shall, upon proper application therefor, issue an annual permit to any distiller licensed in this state authorizing such distiller to conduct Any distiller that conducts educational and promotional distillery tours which pursuant to subsection (e) of Code Section 3-4-24 or 3-4-24.1 may, as a part of such tours, include free tastings on the premises by members of the public of tax-paid varieties of distilled spirits manufactured by such distiller. (c) No distiller conducting free tastings under this Code section shall provide, directly or indirectly, more than the one sample to a person in one calendar day. Free tastings shall be held in a designated tasting area on the premises of the distiller, and all open bottles shall be visible at all times."
SECTION 38. Said title is further amended by revising Code Section 3-5-1, relating to definitions relative to malt beverages, as follows:
"3-5-1. As used in this chapter, the term:
(1) 'Brewer' means a manufacturer of malt beverages. (2) 'Case' means a box or receptacle containing not more than 288 ounces of malt beverages on the average Reserved."
SECTION 39. Said title is further amended by revising subsections (a) and (e) of Code Section 3-5-4, relating to production of malt beverages in private residences, consumption, transportation and delivery, and home-brew special events, as follows:
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"(a)(1) Malt beverages may be produced by a person an individual 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 individual 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 individuals of legal drinking age living in such residence; provided, however, that no more than 50 gallons shall be produced in a 90 day period. (3) An individual who produces malt beverages in a private residence in compliance with this Code section shall not be required to be licensed as a brewer pursuant to this title." "(e)(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. Any governing authority desiring to allow home-brew special events to be held within its jurisdiction shall provide by resolution or ordinance for the issuance of home-brew special event permits and shall specify the events that shall qualify as home-brew special events. A home-brew special event permit shall not cost more than $50.00 and shall be valid for not more than six events per calendar year. (2) Home-brew special events shall not be held at any location licensed under this title. (3) 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."
SECTION 40. Said title is further amended by revising Code Section 3-5-5, relating to the conditions under which kegs of malt beverages may be sold at retail, as follows:
"3-5-5. (a) As used in this Code section, the term:
(1) 'Keg' means any brewery-sealed container or barrel containing, by liquid volume, more than two gallons of malt beverage. (2) 'Retail dealer,' 'retail licensee,' or 'licensee' 'Licensee' means a licensed alcoholic beverage caterer or a person holding either a retail dealer license, a retail package liquor dealer license, retail wine-malt beverage dealer license, retail on premise liquor dealer license, or a permit issued by the commissioner authorizing the sale of alcoholic beverages for consumption only on the premises for a period not to exceed one day, or a beverage alcohol caterer license. (b) No person licensed under this chapter shall sell malt beverages at retail by the keg except as provided in subsections (c), (d), and (e) of this Code section. The
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commissioner may take punitive action against violators, up to and including revocation of the state retail dealer's license of any licensed retail dealer licensee who fails to comply with this Code section. The undertaking of any punitive action allowed under this Code section shall not prohibit criminal prosecution for sale to underage persons individuals. (c) Each retail licensee selling kegs containing malt beverages for consumption off licensed premises shall require each keg purchaser to present a Georgia driver's license or other proper identification at the time of purchase. The licensee shall record on an identification form for each keg sale the following information: the date of sale; the size of keg; the keg identification number; the amount of container deposit; the name;, address;, and date of birth of the purchaser; and the form of proper identification presented by such purchaser. The purchaser shall sign a statement at the time of purchase attesting to the accuracy of the purchaser's name and address, the and location where the contents of the keg will be consumed, and acknowledging that a violation of Code Section 3-3-23, as it relates to furnishing alcoholic beverages to persons individuals under the age of 21 years, may result in civil liability, criminal prosecution, or both. The licensee shall retain the identification form and purchaser's signed statement attesting to the accuracy of the purchaser's name and address and acknowledging that a violation of Code Section 3-3-23, as it relates to furnishing alcoholic beverages to persons individuals under the age of 21 years, may result in civil liability, criminal prosecution, or both, for a minimum of six months following the sale of the keg. (d) Each keg sold at retail for consumption off licensed premises shall be labeled with the name and address of the retail licensee, the keg identification number, and the state alcohol license number of the business. The Department of Revenue department will prescribe the form of registration label or tag to be used for this purpose. The registration label or tag shall be supplied by the Department of Revenue department without fee and securely affixed to the keg by the licensee making the sale. In addition to the label or tag, the Department of Revenue department shall provide guidelines to the licensee on the information to be recorded on the identification form required under subsection (c) of this Code section. (e) The licensee shall record the date of return of the keg on the identification form required under subsection (c) of this Code section. If there is no label or tag affixed to the keg or if the identification number is not legible, the licensee shall indicate this fact on the identification form required under subsection (c) of this Code section. The licensee shall not refund a deposit for a keg that is returned without the required label or tag and identification number intact and legible. (f) The removal of the required label or tag shall be unlawful until such time that it is lawfully returned to the retailer licensee by the purchaser. Possession of a keg without the required label or tag and identification number shall be unlawful and subject to penalty pursuant to Code Section 3-3-9."
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SECTION 41. Said title is further amended by revising Code Section 3-5-20, relating to state license tax applicable to malt beverages, as follows:
"3-5-20. (a) An annual occupational license tax is imposed upon each brewer, manufacturer, broker, importer, wholesaler, and retail dealer of beer in this state, as follows:
(1) Upon each brewer......................................................................................$...1..,000.00
(2) Upon each wholesale dealer ........................................................................... 500.00
(3) Upon each importer ........................................................................................ 500.00
(4) Upon each broker ........................................................................................... 50.00
(5) Upon each retail dealer................................................................................... 50.00
(6) Upon each brewpub operator .......................................................................1..,000.00
(7) Upon each special event use permit applicant ............................................... 50.00 (b) An annual occupational license tax shall be paid for each place of business operated. An application for the applicable license required pursuant to this title along with the payment of the tax required by subsection (a) of this Code section shall be submitted to the department immediately upon assuming control of the place of business and annually thereafter for so long as the business is operated Reserved."
SECTION 42. Said title is further amended by revising Code Section 3-5-21, relating to bottles and cans to bear the wording "Georgia" or any of its abbreviations, such as "GA," on crowns or lids and alternate identification, as follows:
"3-5-21. (a) The commissioner may prescribe by regulation that no No person engaged in the business of selling, manufacturing, or distributing malt beverages specified in this chapter in bottles or cans may sell, offer for sale, or possess for the purpose of sale any shall be required to mark any bottles, or cans, containing such malt beverages unless the crowns, or lids contain with the word 'Georgia' or its abbreviation, such as 'GA.' 'GA'. (b) The commissioner may prescribe an alternate identification for certain bottles or containers of malt beverages manufactured in a foreign country and which have been imported into this state by a licensed importer, manufacturer, or wholesaler for resale."
SECTION 43. Said title is further amended by revising Code Section 3-5-25.1, relating to license for the manufacture of malt beverages and the bond required on application for license or renewal, as follows:
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"3-5-25.1. The commissioner may require, in addition to other bonds required by this title, a bond to be filed with the application for a license or the renewal of a license, conditioned to pay all sums which may become due by the applicant to this the state as taxes, license fees, or otherwise, by reason of or incident to, the operation of the business of the applicant and to comply with all the laws, rules, and regulations pertaining to malt beverages. The bond shall be in such form and in such amount approved by the commissioner, not to exceed $5,000.00 for brewers and $500.00 for retailers retail package liquor dealers, retail wine-malt beverage dealers, and retail on premise liquor dealers."
SECTION 44. Said title is further amended by revising Code Section 3-5-26, relating to persons to whom malt beverages may be sold by wholesale dealers, as follows:
"3-5-26. Licensed wholesale dealers may Wholesalers shall sell malt beverages only to other licensed wholesale dealers and to wholesalers, importers, retail package liquor dealers, retail wine-malt beverage dealers, and retail on premise liquor dealers and retail dealers licensed in this state."
SECTION 45. Said title is further amended by revising Code Section 3-5-27, relating to malt beverages acquired by retail dealers from persons other than licensed wholesale dealers declared contraband, as follows:
"3-5-27. Any malt beverage possessed, sold, or offered for sale by a retail dealer retail package liquor dealer, retail wine-malt beverage dealer, or retail on premise liquor dealer which was purchased or otherwise acquired from any person other than a wholesale dealer wholesaler authorized to do business under this chapter is declared to be contraband and shall be seized by the commissioner or the appropriate local authorities and disposed of by the commissioner in the manner provided in this title."
SECTION 46. Said title is further amended by revising Code Section 3-5-28, relating to delivery, receipt, and storage of malt beverages sold by wholesale dealers to retail dealers, as follows:
"3-5-28. All malt beverages sold by a wholesale dealer wholesaler to a retail dealer retail package liquor dealer, retail wine-malt beverage dealer, or retail on premise liquor dealer shall be delivered only to the premises of a licensed retail dealer retail package liquor dealer, retail wine-malt beverage dealer, or retail on premise liquor dealer and transported only by a conveyance owned, or leased, and operated by a wholesale dealer who wholesaler that is designated to deal in the brands of malt beverages sold and is
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licensed to make sales and deliveries within the municipality or county in which the sale or delivery is made. The malt beverages so sold shall not be delivered to, received, or stored at any place other than premises for which state and local retail licenses have been issued."
SECTION 47. Said title is further amended by revising Code Section 3-5-32, relating to distribution of malt beverages and limitations on business interests, as follows:
"3-5-32. No licensed registered brewer, broker, or importer authorized licensed to do business in this state nor any of his such brewer's, broker's, or importer's employees or members of such brewer's, broker's, or importer's immediate family shall have, own, or enjoy ownership interest in or partnership arrangement with the business of any wholesaler, or retailer licensee retail package liquor dealer, retail wine-malt beverage dealer, or retail on premise liquor dealer. Cooperative advertising and incentive programs shall not be deemed to constitute a partnership agreement."
SECTION 48. Said title is further amended by revising Code Section 3-5-36, relating to brewpubs and the limited exception to the prohibition against ownership and employment interests among persons involved in the manufacture, distribution, and sale of malt beverages, as follows:
"3-5-36. A limited exception to the provisions of Code Sections 3-5-29 through 3-5-32 providing a three-tier system for the distribution and sale of malt beverages shall exist for owners and operators of brewpubs, subject to the following terms and conditions:
(1) No individual person shall be permitted to own or operate a brewpub without first obtaining a proper license from the commissioner in the manner provided in this title, and each brewpub licenseholder license holder shall comply with all other applicable state and local license requirements; (2) A brewpub license authorizes the holder of such license to:
(A) Manufacture on the licensed premises not more than 10,000 barrels of beer malt beverages in a calendar year solely for retail sale on the premises; (B) Operate an eating a dining establishment that shall be the sole retail outlet for such beer and may offer malt beverages; (C) Offer for sale any other alcoholic beverages produced by other manufacturers which are authorized for retail sale under this title, including wine, distilled spirits, and malt beverages, wine, and distilled spirits, provided that such alcoholic beverages are purchased from a licensed wholesaler and sold for consumption on the premises only; and provided, further, that the appropriate licenses for such sales are obtained; and, provided, further, that in addition to draft beer manufactured on the premises, each brewpub licensee shall offer for sale commercially available canned or bottled malt beverages from licensed wholesalers; and
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(C)(D) Notwithstanding any other provision of this paragraph, sell up to a maximum of 5,000 barrels annually of such beer malt beverages to licensed wholesale dealers wholesalers for distribution to retailers and retail consumption dealers; (3) Possession of a brewpub license shall not prevent the The holder of such a brewpub license from obtaining a retail consumption dealer's license or a retailer's license shall obtain a retail on premise liquor dealer license or retail wine-malt beverage dealer license for the same premises in order to sell alcoholic beverages for consumption on the premises; (4) A brewpub license does not authorize the holder of such license to sell alcoholic beverages by the package for consumption off the premises; (5) A brewpub licensee shall not offer or permit any free sampling of beer by its customers on the premises of a brewpub; (6)(5) The commissioner shall not issue a brewpub license if the brewpub premises are located in a county or municipality in which the sale of alcoholic beverages is prohibited; and (7)(6) A brewpub licensee license holder shall: (A) Pay all state and local license fees and excise taxes applicable to individuals persons licensed by this state as manufacturers, retailers retail license holders, and, where applicable, wholesalers under this title; (B) At the request of the commissioner, provide an irrevocable letter of credit or an Irrevocable Standby Financial Guarantee Bond a bond in favor of the State of Georgia in an amount sufficient to guarantee such brewpub licensee's estimated tax liability for the first year of operation; and (C) Measure beer malt beverages manufactured on the premises and otherwise comply with applicable regulations respecting excise and enforcement tax determination of such beer malt beverages as required by this title."
SECTION 49. Said title is further amended by revising Code Section 3-5-38, relating to free tasting of malt beverages at a licensed brewery on the premises during educational and promotional tours, as follows:
"3-5-38. The commissioner shall, upon proper application therefor, issue an annual permit to any brewer licensed in this state authorizing such brewer to Any brewer licensed as a brewer pursuant to this title may conduct educational and promotional brewery tours which may include free tasting tastings on the premises of such brewery by members of the public of tax paid tax-paid varieties of malt beverages brewed manufactured by such brewer."
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SECTION 50. Said title is further amended by revising Code Section 3-5-43, relating to restriction on license fees charged by municipality or county other than that of where business is located, as follows:
"3-5-43. Where a wholesale dealer wholesaler is licensed to do business in more than one municipality or county of this state, no municipality or county other than that of the wholesale dealer's wholesaler's principal place of business shall charge a license fee exceeding $100.00."
SECTION 51. Said title is further amended by revising Code Section 3-5-81, relating to tax to be paid by wholesale dealer and when, as follows:
"3-5-81. (a) The excise taxes provided for in this part shall be imposed upon and shall be paid by the licensed wholesale dealer in wholesalers of malt beverages. (b) The taxes shall be paid on or before the tenth day of the month following the calendar month in which the malt beverages are sold or disposed of within the particular municipality or county by the wholesale dealer wholesaler. (c) Each licensee wholesaler responsible for the payment of the excise tax shall file a report itemizing for the preceding calendar month the exact quantities of malt beverages, by size and type of container, sold during the month within each municipality or county. The licensee wholesaler shall file the report with each municipality or county wherein the malt beverages are sold by the licensee such wholesaler. (d) The wholesaler shall remit to the municipality or county on the tenth day of the month following the calendar month in which the sales were made the tax imposed by the municipality or county."
SECTION 52. Said title is further amended by revising Code Section 3-5-82, relating to no marking to be required, as follows:
"3-5-82. No decal, stamp, or other marking shall be required on malt beverage containers designating the particular municipality or county in which a sale of malt beverages is made or in which resides a licensed retailer retail package liquor dealer, retail winemalt beverage dealer, or retail on premise liquor dealer to whom the malt beverages are delivered."
SECTION 53. Said title is further amended by revising Code Section 3-6-1, relating to definitions relative to wine, as follows:
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"3-6-1. As used in this chapter, the term:
(1) 'Dessert wine' means a wine having an alcoholic strength of more than 14 percent alcohol by volume but not more than 24 percent alcohol by volume. (2) 'Domestic winery' means any winery, manufacturer, maker, producer, or bottler of wine located within the state. (3) 'Foreign winery' means any winery, manufacturer, maker, producer, or bottler of wine located outside the state. (4) 'Table wine' means a wine having an alcoholic strength of not more than 14 percent alcohol by volume. (5) 'Winery' means a manufacturer of wine. (1) 'Affiliate' means any person controlling, controlled by, or under common control with a farm winery. (2) 'Permitted vintner' means any vintner, whether located in this state or any other state, that holds a valid federal basic wine manufacturing permit. (3) 'Tasting room' means an outlet for:
(A) The promotion of a farm winery's wine by providing free samples of such wine to the public; and (B) The sale of such wine at retail for consumption on the premises or in closed packages for consumption off the premises."
SECTION 54. Said title is further amended by revising Code Section 3-6-3, relating to household production of wine, as follows:
"3-6-3. (a) A head of a household may produce 200 gallons of wine in any one calendar year to be consumed within his own household without any requirement to be licensed for such purpose. Wine so produced shall not be subject to any excise tax imposed by this chapter. (b) For purposes of this Code section, a single individual who is not a dependent of another person for purposes of Georgia income taxation shall be considered a head of a household. (a) Wine may be produced by an individual in his or her private residence subject to the limitations provided in this Code section. (b) The total quantity of wine that may be produced in any private residence shall not exceed 200 gallons per calendar year irrespective of the number of individuals living in such residence. (c) An individual who produces wine in a private residence in compliance with this Code section shall not be required to be licensed as a vintner under this title. (d) Wine produced in compliance with this Code section shall not be subject to any excise tax imposed pursuant to this chapter."
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SECTION 55. Said title is further amended by revising Code Section 3-6-20, relating to state license tax applicable to wine, as follows:
"3-6-20. (a) An annual occupational license tax is imposed upon each winery, manufacturer, broker, importer, wholesaler, and retail dealer of wine in this state, as follows:
(1) Upon each winery and manufacturer ........................................................$...1..,000.00
(2) Upon each wholesale dealer ........................................................................... 500.00
(3) Upon each importer ........................................................................................ 500.00
(4) Upon each broker ........................................................................................... 50.00
(5) Upon each retail dealer................................................................................... 50.00
(6) Upon each special event use permit applicant ............................................... 50.00 (b) An annual occupational license tax shall be paid for each place of business operated. An application for the applicable license required pursuant to this title along with the payment of the tax required by subsection (a) of this Code section shall be submitted to the department immediately upon assuming control of the place of business and annually thereafter for so long as the business is operated Reserved."
SECTION 56. Said title is further amended by revising Code Section 3-6-21.1, relating to the license for manufacture and sale by farm wineries, as follows:
"3-6-21.1. (a) As used in this Code section, the term:
(1) 'Farm winery' means a winery which makes at least 40 percent of its annual production from agricultural produce grown in the state where the winery is located and:
(A) Is located on premises, a substantial portion of which is used for agricultural purposes, including the cultivation of grapes, berries, or fruits to be utilized in the manufacture or production of wine by the winery; or (B) Is owned and operated by persons who are engaged in the production of a substantial portion of the agricultural produce used in its annual production. For purposes of this paragraph, the commissioner shall determine what is a substantial portion of such winery premises or agricultural produce. (2) 'Georgia farm winery' means a farm winery which is licensed by the commissioner to manufacture wine in Georgia. (3) 'Tasting room' means an outlet for the promotion of a farm winery's wine by providing samples of such wine to the public and for the sale of such wine at retail for consumption on the premises and for sale in closed packages for consumption off the premises. Samples of wine can be given free of charge or for a fee.
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(b)(a) The commissioner may authorize any Georgia farm winery to offer wine samples and to make retail sales of its wine and the wine of any other Georgia farm winery in tasting rooms at the winery and at five additional locations in this state for consumption on the premises and in closed packages for consumption off the premises; provided, however, that notwithstanding any other provisions of this title to the contrary, if the licensee is also issued a license pursuant to Code Section 3-4-24, the commissioner shall not authorize more than one tasting room for such Georgia farm winery and shall require that such tasting room shall be located on the licensed premises of the Georgia farm winery; and provided, further, that the Georgia farm winery shall not sell its wine or the wine of any other farm winery in more than one tasting room, and such tasting room shall be located on the licensed premises of the Georgia farm winery. For purposes of this subsection, the term 'licensed premises' shall mean the premises for which the farm winery license is issued or property located contiguous to the farm winery and owned by the farm winery.
(c)(b)(1) The commissioner may authorize any licensee which is a farm winery to sell up to 24,000 gallons per calendar year of its wine at wholesale within the this state; provided, however, that the commissioner shall not authorize any licensed farm winery to sell its wine at wholesale unless such licensed farm winery shall have first offered its products for sale at a fair market wholesale price to a licensed Georgia wholesaler and such wholesaler does not accept the farm winery's product within 30 days of such offer. (2) A farm winery licensee shall also be authorized to sell, deliver, or ship its wine in bulk or in bottles, whether labeled or unlabeled, in accordance with the rules and regulations of the commissioner, to Georgia farm winery licensees and shall be authorized to acquire and receive deliveries and shipments of such wine made by Georgia farm winery licensees. (3) A Georgia farm winery licensee shall be authorized, in accordance with the rules and regulations of the commissioner, to acquire and receive deliveries and shipments of wine in bulk from out-of-state producers and shippers in an amount not to exceed 20 percent of its annual production, provided that the Georgia farm winery licensee receiving any such shipment or shipments files timely reports with the commissioner and keeps such records of the receipt of such shipment or shipments as may be required by the commissioner. (4) Any wine received in bulk pursuant to paragraph (3) of this subsection shall have levied thereon the requisite taxes as prescribed by Code Section 3-6-50, and such taxes shall be reported and remitted to the commissioner as provided in Code Section 3-2-6. (d) The annual license tax for each license issued pursuant to this Code section shall be $50.00. (e)(c) The surety bond required as a condition upon issuance of a license pursuant to this Code section shall be the same as that required pursuant to Code Section 3-6-21 with respect to wineries vintners.
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(f)(d) Wines sold at retail by a manufacturer as provided in subsection (b) (a) of this Code section shall have levied thereon an excise tax as prescribed by Code Section 3-650, and such tax shall be reported and remitted to the commissioner as provided in Code Section 3-2-6."
SECTION 57. Said title is further amended by revising Code Section 3-6-21.3, relating to sales by farm winery of wines and other alcoholic beverages for consumption on the premises or on contiguous property, as follows:
"3-6-21.3. (a) As used in this Code section, the term:
(1) 'Affiliate' means any person controlling, controlled by, or under common control with a farm winery. (2) 'Farm winery' means a farm winery as defined in Code Section 3-6-21.1 that is located in Georgia. (3) 'Tasting room' has the meaning provided by Code Section 3-6-21.1. (b)(1)(a) Notwithstanding any other provision of this title to the contrary, in all counties or municipalities in which the sale of wine is lawful, the commissioner may authorize any vintner licensed as a farm winery licensee to sell its wine and the wine of any other vintner licensed as a farm winery licensee for consumption on the premises at facilities located on the premises of the farm winery or on property located contiguous to the farm winery and owned by the farm winery or by an affiliate of the farm winery. (2)(b) Notwithstanding any other provisions of this title to the contrary, in all counties or municipalities in which the sale of distilled spirits, malt beverages, and wines is lawful, the commissioner further may authorize such licensee a farm winery to make sales of distilled spirits, malt beverages, and wines not produced by a such farm winery for consumption in its tasting rooms and at facilities located on the premises of the farm winery or on property located contiguous to the farm winery and owned by the farm winery or by an affiliate of the farm winery, provided that any alcoholic beverages sold pursuant to this paragraph subsection shall be purchased by the farm winery from a licensed wholesaler at wholesale prices."
SECTION 58. Said title is further amended by revising Code Section 3-6-21.5, relating to production of fortified wine, as follows:
"3-6-21.5. A winery vintner may purchase distilled spirits directly from a manufacturer of distilled spirits and blend with wine manufactured by the winery such vintner to produce fortified wine. Such distilled spirits shall not be used by the winery such vintner for any other purpose or used to create any other type of alcoholic beverage or product."
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SECTION 59. Said title is further amended by revising Code Section 3-6-23, relating to restriction upon licensed wholesale dealers as to whom they may sell and deliver wine, as follows:
"3-6-23. Except as provided in paragraph (5) of subsection (a) of Code Section 3-2-13, licensed wholesale dealers wholesalers shall sell wine only to other licensed wholesale dealers and to wholesalers, importers, and retail dealers retail wine-malt beverage dealers, retail on premise liquor dealers, and retail package liquor dealers licensed in this state."
SECTION 60. Said title is further amended by revising Code Section 3-6-24, relating to regulation of sales transactions involving wine, as follows:
"3-6-24. Each wholesale dealer wholesaler, at the time of any sale of wine, shall prepare and keep a copy of a sales invoice containing:
(1) The name of the wholesale dealer wholesaler; (2) The name, address, and license number of the licensed importer, wholesaler, or retailer retail package liquor dealer, retail wine-malt beverage dealer, or retail on premise liquor dealer making the purchase; (3) The quantity and container sizes of wine sold; (4) The date of the sale; and (5) Any other information the commissioner may require."
SECTION 61. Said title is further amended by revising Code Section 3-6-25, relating to wine acquired from anyone other than wholesale dealer authorized to do business declared contraband, as follows:
"3-6-25. Except as provided in Code Sections 3-6-21.1 through 3-6-21.3 and Code Section 3-621.5, wine possessed, sold, or offered for sale by a retail dealer retail package liquor dealer, retail wine-malt beverage dealer, or retail on premise liquor dealer which was purchased or otherwise acquired from any person other than a wholesale dealer wholesaler authorized to do business under this chapter is declared to be contraband and shall be seized and disposed of by the commissioner in the manner provided in this title."
SECTION 62. Said title is further amended by revising Code Section 3-6-25.1, relating to advertisement of prices of wine and selling of wine at a price less than its cost, as follows:
"3-6-25.1. (a) No person holding a retail dealer's license to deal in wine by the package shall display any advertisement of or information regarding the price or prices of any wine in any show window or other place visible from outside the licensee's place of business.
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(b)(a) No person licensed to sell wine by the package for carry-out purposes consumption off premises shall sell such beverages wine at a price less than the cost which such licensee person pays for such wine. As used in this subsection, cost shall include the term 'cost' means the wholesale price plus the local excise tax imposed, as reflected in invoices which the commissioner of revenue may require to be maintained on said licensee's such person's place of business. (c)(b) The commissioner of revenue shall be authorized to adopt such rules and regulations as he or she deems necessary to provide for an exception to the prohibition provided in subsection (b) (a) of this Code section for reasons relating to liquidation of inventory, close-out closeout of brands, outdated products, or any other reason the commissioner may determine to merit an exception."
SECTION 63. Said title is further amended by revising Code Section 3-6-26, relating to regulation of delivery, receipt, and storage of wines after sale, as follows:
"3-6-26. All wines sold by a wholesale dealer wholesaler to a retail package liquor dealer, retail wine-malt beverage dealer, or retail on premise liquor dealer shall be delivered only to the premises of a licensed retail package liquor dealer, retail wine-malt beverage dealer, or retail on premise liquor dealer and transported only by a conveyance owned, or leased, and operated by a wholesale dealer wholesaler, or owned, or leased, and operated by a wholesale dealer's wholesaler's employee, who is designated to deal in the brands of wines sold and is licensed to make sales and deliveries within the municipality or county in which the sale or delivery is made. The wine so sold shall not be delivered to, received, or stored at any place other than premises for which state and local retail licenses have been issued."
SECTION 64. Said title is further amended by revising Code Section 3-6-27, relating to registration of agents, representatives, salesmen, and employees of manufacturers, importers, producers, or brokers, as follows:
"3-6-27. Every agent, representative, salesman salesperson, and employee of each winery vintner, manufacturer, importer, producer, or broker shipping, or causing to be shipped, wines into the this state shall register with the commissioner on forms prepared by the commissioner before engaging in the selling, promoting, displaying, or advertising of wine."
SECTION 65. Said title is further amended by revising Code Section 3-6-31, relating to direct shipments to state residents and special order shipping licenses, as follows:
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"3-6-31. (a) For purposes of this Code section, the term 'winery' means any maker or producer of wine whether in this state or in any other state, who holds a valid federal basic wine manufacturing permit. (b)(a) Notwithstanding any other provision of this title to the contrary, any shipper which is also a winery permitted vintner may be authorized to make direct shipments of wine to consumers in this state, without complying with the provisions of Code Section 3-6-22, upon obtaining a special order shipping license from the commissioner pursuant to this Code section. (c)(b) A special order shipping license shall only be issued to a winery permitted vintner upon compliance with all applicable provisions of this title and the rules and regulations promulgated pursuant to this title, and upon payment of the occupational license fee designated for retail dealers tax in Code Section 3-6-20 3-2-5.1. (d)(c) A special order shipping license shall entitle the winery permitted vintner to ship wine upon order directly to consumers for personal or household use in this state without designating wholesalers as required by Code Section 3-6-22, provided that:
(1) The holder of a special order shipping license shall only ship brands of wine for which the holder has submitted labels to the commissioner; (2) No holder of a special order shipping license shall be permitted to ship in excess of 12 standard cases of wine of one brand or a combination of brands into this state to any one consumer or address per calendar year; (3) Before accepting an order from a consumer in this state, the holder of a special order shipping license shall require that the person individual placing the order state affirmatively that he or she is of the age required by Code Section 3-3-23 and shall verify the age of such person individual placing the order either by the physical examination of an approved government issued form of identification or by utilizing an Internet based age and identification service; (4) A special order shipping license shall not authorize the shipment of any wine to any premises licensed to sell alcoholic beverages pursuant to this title; and (5) Every shipment of wine by the holder of a special order shipping license shall be clearly marked 'Alcoholic Beverages, Adult Signature Required,' and the carrier delivering such shipment shall be responsible for obtaining the signature of an adult who is at least 21 years of age as a condition of delivery. (e)(d) The failure to comply strictly with the requirements of this Code section, Code Section 3-3-23, and all applicable provisions of this title and regulations promulgated pursuant to this title shall be grounds for the revocation of a special order shipping license or other disciplinary action by the commissioner. Upon revocation of a special order shipping license for shipment of wine to a person an individual not of age as required by Code Section 3-3-23, such winery permitted vintner shall not be issued any special order shipping license pursuant to this Code section for a period of five years from the date of revocation. (f)(e) The holder of a special order shipping license shall collect all excise taxes imposed by Code Section 3-6-50, shall remit such taxes in the same manner as licensed
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wine wholesalers, and shall accompany such remittance with such reports, documentation, and other information as may be required by the commissioner. In addition, an applicant for and a holder of a special order shipping license, as a condition of receiving and holding a valid license, shall:
(1) Agree to collect and to pay applicable Georgia state and local sales tax on each sale shipped to a consumer in Georgia this state; (2) Accompany each remittance with such sales tax reports, documentation, and other information as may be required by the commissioner; and (3) Consent to enforcement of the provisions of this Code section by the department and to the jurisdiction of the courts of Georgia this state for the collection of such taxes or other moneys owing, including interest and penalties. (g)(f) The commissioner may promulgate such rules and regulations as are necessary and appropriate for the enforcement of this Code section."
SECTION 66. Said title is further amended by revising Code Section 3-6-32, relating to shipment of wine by winery to consumers and circumstances, as follows:
"3-6-32. (a) Notwithstanding any other provision of this title to the contrary, a winery located within this state or outside this state that holds a federal basic wine manufacturing permit permitted vintner, whether licensed under this title or not and without regard to brand or label registrations or designations of wholesalers pursuant to Code Section 36-22, shall be permitted to ship wine directly to consumers in this state for personal or household use under the following circumstances:
(1) The consumer must purchase the wine while physically present on the premises of the winery permitted vintner; (2) The winery permitted vintner must verify that the consumer purchasing the wine is of the age required by Code Section 3-3-23 and is not licensed pursuant to this title; and (3) No winery permitted vintner shall ship in excess of five cases of any brand or combination of brands to any one consumer or any one address in this state in any calendar year. (b) The commissioner may promulgate such rules and regulations as are necessary and appropriate for the enforcement of this Code section."
SECTION 67. Said title is further amended by revising subsection (a) of Code Section 3-6-40, relating to dealing in wine at wholesale and retail prohibited without a county or municipal wine license; counties and municipalities granted powers to issue, refuse, and revoke local wine licenses; and revocation of local and state wine licenses, as follows:
"(a) Except as otherwise provided in this Code section, the businesses of manufacturing, distributing, and selling wine at wholesale or retail shall not be conducted in any county or incorporated municipality of this state without a license
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from the governing authority of the county or municipality. A farm winery, as defined in Code Section 3-6-21.1 3-6-1, which is qualified and licensed by the state shall need no county or municipal license to manufacture wine or to distribute such wine at wholesale in accordance with this chapter if the farm winery has given to the municipal or county governing authority 60 days' written notice of its intention to commence operations in the county or municipality and the county or municipal governing authority has not within said such 60 day period adopted a resolution prohibiting the farm winery from commencing operations in the county or municipality without a local license."
SECTION 68. Said title is further amended by revising Code Section 3-6-60, relating to the excise tax on wine which may be imposed by local governments and to the imposition of county excise taxes where municipalities already levied one, as follows:
"3-6-60. (a) The governing authority of each county or municipality or county where the sale of wine is permitted by this chapter, at its discretion, may levy an excise tax on the first sale or use of wine by the package, which tax shall not exceed 22 per liter and a proportionate tax at the same rate on all fractional parts of a liter. (b) The rate of taxation, the manner of its imposition, payment, and collection, and all other procedures related to the tax authorized by subsection (a) of this Code section shall be as provided for by each county or municipality electing to exercise the power conferred by subsection (a) of this Code section. (c) No county excise tax shall be imposed, levied, or collected in any portion of a county in which a municipality within the county is imposing the same tax on wine sold by the package."
SECTION 69. Said title is further amended by revising Code Section 3-7-21, relating to license fees
applicable to clubs, as follows: "3-7-21. The license fees for a club shall be the same fees amount as provided in subsection (a) of Code Section 3-4-111.1 for the sale of distilled spirits in licensed public places of business Code Section 3-2-5.1 for a retail on premise liquor dealer; and, in addition, a prelicense investigation fee of $100.00 shall be required."
SECTION 70. Said title is further amended by revising subsection (c) of Code Section 3-7-60, relating to sales within municipalities and excise tax, as follows:
"(c) Local excise taxes provided for in this Code section shall be imposed upon and shall be paid by the licensed wholesale dealer in wholesaler of distilled spirits."
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SECTION 71. Said title is further amended by revising Code Section 3-8-2, relating to sale of malt beverages, wine, and distilled spirits at public golf courses operated by counties or municipalities, as follows:
"3-8-2. The Department of Natural Resources or any county or municipality operating a public golf course and offering food or drink for retail sale as an incident to the operation of the golf course may sell at retail malt beverages, and wine, by the drink as an incident to the operation of the golf course upon obtaining a retail wine-malt beverage dealer license or a retail on premise liquor dealer license and may sell at retail distilled spirits by the drink as an incident to the operation of the golf course upon obtaining a retail consumption license retail on premise liquor dealer license."
SECTION 72. Said title is further amended by revising subsection (d) of Code Section 3-9-4, relating to special use temporary permits, as follows:
"(d) Bona A bona fide nonprofit civic organizations organization which hold holds a special use temporary permit issued pursuant to this Code section may auction for offpremises consumption wine in sealed containers, which has been donated to the bona fide nonprofit civic organization by a person who that does not currently hold a license that has been issued by the department pursuant to this title, wine which has been donated by a Georgia licensed retailer retail wine-malt beverage dealer or retail package liquor dealer, or wine which has been donated or purchased from a Georgia licensed wine wholesaler. The bona fide nonprofit civic organization may ship or otherwise transport to the location specified in the special use temporary permit wine donated by a person who that does not currently hold a license that has been issued by the department pursuant to this title or wine donated by a Georgia licensed retailer retail wine-malt beverage dealer or retail package liquor dealer. Georgia excise tax shall be paid to the department on any donated wine. If the bona fide nonprofit civic organization cannot verify, within ten days of the conclusion of the permitted event, that Georgia excise tax for the wine was previously paid to the department, the bona fide nonprofit civic organization shall pay to the department the appropriate excise tax as required by law."
SECTION 73. Said title is further amended by revising subsection (b) of Code Section 3-9-6, relating to limousine carriers and annual permits, as follows:
"(b) A permit issued in accordance with this Code section shall not authorize the wholesale purchase of alcoholic beverages by a limousine carrier and only authorizes purchase from a retail dealer retail wine-malt beverage dealer or retail package liquor dealer. A permit issued in accordance with this Code section shall be subject to any law regulating the time for selling such beverages."
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SECTION 74.
Said title is further amended by revising Code Section 3-9-7, relating to the issuance of a nonprofit distiller license to a nonprofit museum and requirements, as follows:
"3-9-7. (a) As used in this Code section, the term 'nonprofit museum' means a museum whose mission includes educating the public about the local, state, and national history of the United States and that is owned and operated by a bona fide nonprofit civic organization which holds title to improved real property with a structure listed on the National Register of Historic Places. (b)(a) Notwithstanding any other provision contained in this title or any other law, the commissioner may issue a nonprofit distiller license to a nonprofit museum, regardless of whether or not such nonprofit museum holds an annual license to sell malt beverages, wine, or distilled spirits for consumption on the premises, upon the filing of an application and payment of an annual occupational license tax of $100.00 as provided in Code Section 3-2-5.1. Such nonprofit distiller license shall entitle the nonprofit museum to produce distilled spirits, provided that:
(1) The nonprofit museum shall not produce more than 800 liters of distilled spirits each calendar year; (2) The nonprofit museum is located in a county or municipality where the production of distilled spirits is authorized, and the local governing authority of such county or municipality has issued a license to the nonprofit museum pursuant to Code Section 3-3-2 for the production of distilled spirits; (3) The production of distilled spirits, except as otherwise provided in this Code section, shall be used for educational purposes only; (4) The distilled spirits produced by the nonprofit museum shall be stored and aged only on the premises of the nonprofit museum for which the nonprofit distiller license has been issued and shall not be removed from such premises except through disposal methods consistent with federal and state law and any applicable rules or regulations promulgated thereunder; and (5) The distilled spirits produced by the nonprofit museum shall only be used on the premises of the nonprofit museum for which the nonprofit distiller license has been issued and only to provide samples pursuant to subsection (c) of this Code section. Such distilled spirits shall not be sold or offered for sale by the nonprofit museum to any person or entity. (c)(b) The nonprofit distiller license shall authorize the nonprofit museum to provide not more than one-half of one ounce as a complimentary sample of the distilled spirits produced at the nonprofit museum to a guest who has completed an educational tour of the distillery at the nonprofit museum and is of legal drinking age; provided, however, that the nonprofit museum shall not impose a separate charge for the sample and shall not provide, directly or indirectly, more than one sample to a guest in a calendar day. Such sample shall be provided in a designated tasting area on the premises of the nonprofit museum for which the nonprofit distiller license has been issued, and all open bottles shall be visible at all times.
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(d)(c) No bond shall be required to be filed with the commissioner for the initial application or the annual renewal application of a nonprofit distiller license. (e)(d) The annual license fee to be charged by a county or municipality for a nonprofit distiller license shall not be more than $100.00 for each license."
SECTION 75. Said title is further amended by revising Code Section 3-10-4, relating to limitation upon quantity of distilled spirits which may be possessed, as follows:
"3-10-4. It is not unlawful for any person to have and possess, for use and not for sale, in any county or municipality within the this state, one standard case of 1.75 liter, liter, or 750 milliliter size containers of distilled spirits, but not more than eight individual containers of distilled spirits of a size of 200 milliliters or four individual containers of distilled spirits of a size of 500 milliliters, which may have been purchased by the such person for use and consumption from a lawful and authorized retailer and properly stamped retail package liquor dealer."
SECTION 76. Said title is further amended by revising Code Section 3-11-1, relating to definitions applicable to sales off premises for catered functions, as follows:
"3-11-1. As used in this chapter, the term:
(1) 'Food caterer' means any person who prepares food for consumption off the premises. (2) 'Licensed alcoholic beverage caterer' means any retail dealer who retail wine-malt beverage dealer or retail package liquor dealer that has been licensed pursuant to Article 2 of Chapter 4, Article 2 of Chapter 5, or Article 2 of Chapter 6 of under this title. (3) 'Person' means any individual, company, corporation, association, partnership, or other legal entity."
SECTION 77. Said title is further amended by revising paragraph (2) of Code Section 3-13-1, relating to definitions applicable to sales of alcoholic beverages by a Regional Economic Assistance Project, as follows:
"(2) 'Licensee' shall mean the developer, owner, or operator of the REAP or the developer, owner, or operator of or any certified project or facility located in a REAP to whom a state retail consumption dealer retail on premise liquor dealer license or a state retail wine-malt beverage dealer license is issued."
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SECTION 78. Said title is further amended by revising Code Section 3-13-4, relating to rules and regulations applicable to sales of alcoholic beverages by a Regional Economic Assistance Project, as follows:
"3-13-4. The commissioner may promulgate such reasonable rules and regulations as are necessary and appropriate to regulate the issuance of state retail consumption dealer retail on premise liquor dealer licenses or state retail wine-malt beverage dealer licenses to developers, owners, or operators of a REAP and the developers, owners, or operators of any certified project or facility located in a REAP and to enforce the provisions of this chapter."
SECTION 79. Said title is further amended by revising Code Section 3-14-1, relating to commissioner's issuance of special event use permit and length of permit, as follows:
"3-14-1. The commissioner may issue a special event use permit for the sale of alcoholic beverages for certain events which would otherwise require a retailer or retail dealers retail wine-malt beverage dealer or retail package liquor dealer license. The commissioner shall specify by rule or regulation the events that shall qualify for a special event use permit; provided, however, that estate sales, the sale of inventory authorized under a bankruptcy proceeding, and activities that are similar in nature shall so qualify. Such permit shall not be valid for more than ten days."
SECTION 80. Code Section 51-1-40 of the Official Code of Georgia Annotated, relating to liability for acts of intoxicated persons, is amended by revising subsection (c) as follows:
"(c) In determining whether the sale, furnishing, or serving of alcoholic beverages to a person not of legal drinking age is done willfully, knowingly, and unlawfully as provided in subsection (b) of this Code section, evidence that the person selling, furnishing, or serving alcoholic beverages had been furnished with and acted in reliance on proper identification as defined in subsection (d) of Code Section 3-3-23 3-1-2 showing that the person to whom the alcoholic beverages were sold, furnished, or served was 21 years of age or older shall constitute rebuttable proof that the alcoholic beverages were not sold, furnished, or served willfully, knowingly, and unlawfully."
SECTION 81. Code Section 52-7-8.3 of the Official Code of Georgia Annotated, relating to operation of watercraft, identification, and operation by minors, is amended by revising paragraph (3) of subsection (g) as follows:
"(3) 'Proper identification' shall have the same meaning as in subsection (d) of Code Section 3-3-23 3-1-2, relating to furnishing of alcoholic beverages."
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SECTION 82. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2015. (b) Sections 21, 30, and 62 of this Act shall become effective on July 1, 2016.
SECTION 83. 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 276.
The report of the Committee, which was favorable to the passage of the Bill, 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 Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler
Cheokas Y Clark, D Y Clark, H Y Clark, V
N Coomer Y Cooper Y Corbett 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 Y Duncan Y Ealum Y Efstration Y Ehrhart N England Y Epps E Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley
Y Harbin Y Harden
Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley E Kendrick Y Kidd Y Kirby Y Knight N LaRiccia Y Lumsden E Mabra E Marin Y Martin Y Maxwell E Mayo
Y Meadows Y Mitchell
Morris Y Mosby Y Nimmer N Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw
Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser E Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
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Y Coleman Y Cooke
Y Greene Y Hamilton
E McCall Y McClain
Y Shaw Y Sims
Y Yates Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 158, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 549. By Representatives Williams of the 168th, Stephens of the 164th, Hitchens of the 161st, Gordon of the 163rd and Bryant of the 162nd:
A RESOLUTION commending the Third Infantry Division of the United States Army at Fort Stewart; recognizing March 9, 2015, as Third Infantry Division Day at the state capitol; and inviting Major General John M. Murray, Command Sergeant Major Christopher G. Gilpin, Brigadier General James R. Blackburn, Jr., Command Sergeant Major Stanley Varner, Colonel Kevin F. Gregory, Command Sergeant Major Myron J. Lewis, Mayor Edna B. Jackson of Savannah, and Mayor Jim Thomas, Jr., of Hinesville 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 487 HR 488 HR 529
Do Pass Do Pass Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 487. By Representatives Clark of the 98th, Barr of the 103rd, Peake of the 141st, Brockway of the 102nd, Williamson of the 115th and others:
A RESOLUTION honoring the life and memory of Representative Michael Brown and inviting his wife and children to be recognized by the House of Representatives; and for other purposes.
HR 488. By Representatives Chandler of the 105th, Clark of the 101st, Abrams of the 89th, Brooks of the 55th, Sims of the 123rd and others:
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A RESOLUTION commending Susan McCauley for honoring the memory of Rosa Parks through the book she authored, Our Auntie Rosa, remembering the legacy of Rosa Parks and the courageous role she played in the civil rights movement, and inviting Susan McCauley to be recognized by the House of Representatives; and for other purposes.
HR 529. By Representatives Beskin of the 54th, Ralston of the 7th, Taylor of the 79th, Werkheiser of the 157th, Rynders of the 152nd and others:
A RESOLUTION commending Michael Joseph Egan, Jr., for his many years of dedicated public service to the State of Georgia and the United States and inviting him to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House and Senate were read and adopted:
HR 550. By Representatives Anderson of the 92nd, Scott of the 76th, DawkinsHaigler of the 91st, Yates of the 73rd, Smith of the 125th and others:
A RESOLUTION recognizing and commending Georgia women veterans; and for other purposes.
HR 551. By Representatives Buckner of the 137th and Trammell of the 132nd:
A RESOLUTION commending Beth Neely for being selected as the recipient of the Boy Scout Distinguished Citizen Award; and for other purposes.
HR 552. By Representatives Houston of the 170th, Holmes of the 129th, Greene of the 151st, Parrish of the 158th, Sims of the 123rd and others:
A RESOLUTION honoring the life and memory of Linda Womack; and for other purposes.
HR 553. By Representatives McClain of the 100th, Smith of the 41st, Prince of the 127th, Thomas of the 39th and Randall of the 142nd:
A RESOLUTION commending Medicare on its 50th anniversary; and for other purposes.
HR 554. By Representatives Maxwell of the 17th, Battles of the 15th, Coleman of the 97th, Brooks of the 55th, Greene of the 151st and others:
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A RESOLUTION recognizing and commending Mell Scarbrough III on the occasion of his retirement; and for other purposes.
HR 555. By Representative Dollar of the 45th:
A RESOLUTION commending Nick Marine for his community involvement and volunteer efforts and congratulating him upon being named 2014 National Green Plumber of the Year; and for other purposes.
HR 556. By Representatives Randall of the 142nd, Williams of the 168th, Bentley of the 139th, Dickey of the 140th and Howard of the 124th:
A RESOLUTION honoring the life and memory of Pastor Curtis Raines, Sr.; and for other purposes.
HR 557. By Representatives Randall of the 142nd, Beverly of the 143rd, Peake of the 141st, Dickey of the 140th and Epps of the 144th:
A RESOLUTION recognizing March 22, 2015, as Women's History Celebration Day at Saint Mark CME Church; and for other purposes.
HR 558. By Representative Jones of the 53rd:
A RESOLUTION commending Na'Taki Osborne Jelks and congratulating her upon being honored as a Distinguished Servant Leader; and for other purposes.
HR 559. By Representatives Hugley of the 136th, Smyre of the 135th, Buckner of the 137th, Smith of the 134th and Pezold of the 133rd:
A RESOLUTION commending Fort Middle School Service Learning Magnet Academy and its principal, Sonja L. Coaxum; and for other purposes.
HR 560. By Representatives Hugley of the 136th, Smyre of the 135th, Buckner of the 137th, Smith of the 134th and Pezold of the 133rd:
A RESOLUTION commending the Martin Luther King, Jr., Outdoor Learning Center and Turn Around Columbus; and for other purposes.
HR 561. By Representatives Hugley of the 136th, Smyre of the 135th, Buckner of the 137th, Smith of the 134th and Pezold of the 133rd:
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A RESOLUTION congratulating Mbonya Myers and Rothschild Middle School Leadership Academy upon being honored with the 2015 Middle School Program of Excellence Award; and for other purposes.
HR 562. By Representatives Teasley of the 37th and Reeves of the 34th:
A RESOLUTION commending the Marietta High School Culinary Arts Program and Program Director Chef Ginger Pratt; and for other purposes.
HR 563. By Representatives Carter of the 175th, Roberts of the 155th, Watson of the 172nd, LaRiccia of the 169th, Houston of the 170th and others:
A RESOLUTION recognizing and commending Mr. Joe W. Sheffield, P.E., on his outstanding public service; and for other purposes.
SR 405. By Senator Dugan of the 30th:
A RESOLUTION recognizing Lisa McDonald as 2015 Charter School Leader of the Year; and for other purposes.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 292. By Representatives Knight of the 130th and Powell of the 171st:
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 an effective date and applicability; to repeal conflicting laws; and for other purposes.
Representative Casas of the 107th District, Chairman of the Committee on Code Revision, submitted the following report:
Mr. Speaker:
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Your Committee on Code Revision has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 541 Do Pass
Respectfully submitted, /s/ Casas of the 107th
Chairman
Representative Rynders of the 152nd District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 358 HB 386 HB 514 HB 520
Do Pass Do Pass Do Pass Do Pass
HB 385 HB 476 HB 515
Do Pass Do Pass Do Pass
Respectfully submitted, /s/ Rynders of the 152nd
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 505 Do Pass, by Substitute
Respectfully submitted, /s/ Cooper of the 43rd
Chairman
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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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 512 Do Pass, by Substitute HR 474 Do Pass
Respectfully submitted, /s/ Benton of the 31st
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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 439 Do Pass, by Substitute
Respectfully submitted, /s/ Smith of the 134th
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 House and has instructed me to report the same back to the House with the following recommendation:
HB 540 Do Pass
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Respectfully submitted, /s/ Dollar of the 45th
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 72 HB 196 HB 375
Do Pass Do Pass, by Substitute Do Pass
HB 182 Do Pass, by Substitute HB 280 Do Pass, by Substitute
Respectfully submitted, /s/ Hightower of the 68th
Secretary
Representative Sims of the 123rd 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 259 Do Pass HB 341 Do Pass
Respectfully submitted, /s/ Sims of the 123rd
Chairman
Representative Roberts of the 155th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
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Your Committee on Transportation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 21 HB 106 HB 174
Do Pass Do Pass, by Substitute Do Pass, by Substitute
Respectfully submitted, /s/ Roberts of the 155th
Chairman
Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.
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Representative Hall, Atlanta, Georgia
Thursday, March 5, 2015
Twenty-Seventh Legislative Day
The House met pursuant to adjournment at 10:00 o'clock, A.M.
The House stood at ease until 10:20 o'clock, A.M.
The Speaker called the House to order.
The roll was called and the following Representatives answered to their names:
Abrams Alexander Allison Anderson Atwood Ballinger Barr Battles E Beasley-Teague Bell Belton Bennett Bentley Benton Beskin Beverly Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter Casas Chandler Cheokas Clark, D Clark, H Clark, V Coleman Cooke
Coomer Cooper Corbett Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Floyd Fludd Frazier Frye Gardner Gasaway Geisinger Glanton Golick Gordon Gravley Greene Hamilton
Harbin Harden Harrell Hatchett Hawkins Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse E Jones, J Jones, J.B. Jones, L Jones, S E Jordan Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lumsden E Mabra Marin Martin Maxwell Mayo E McCall McClain Meadows
Mitchell Morris Mosby Nimmer Nix Oliver O'Neal Pak Parrish Parsons Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sims Smith, E
Smith, L Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R Stephenson Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner Waites Watson Welch Weldon Werkheiser Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker
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The following member was off the floor of the House when the roll was called:
Representative Jacobs of the 80th.
He wished to be recorded as present.
Prayer was offered by Reverend Dr. Clarence Williams, Jr., Pastor, Pilgrim Baptist Church of Savannah, Savannah, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 549. By Representative Rice of the 95th:
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 administration of the Department of Revenue, so as to provide that certain taxpayers shall file
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electronically; 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 550. By Representatives Frazier of the 126th, Fleming of the 121st, Jackson of the 128th and Prince of the 127th:
A BILL to be entitled an Act to repeal an Act creating the Burke County Economic Development Authority, approved February 13, 1991 (Ga. L. 1991, p. 4120); to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 553. By Representatives Dickey of the 140th, Peake of the 141st and Holmes of the 129th:
A BILL to be entitled an Act to provide a new charter for the City of Forsyth; to provide for incorporation, boundaries, and property of the city; service charges, and assessments; to provide for other matters relative to the foregoing; to provide an effective date; to provide a specific repealer; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 554. By Representatives Rutledge of the 109th, Stephenson of the 90th, Welch of the 110th, Yates of the 73rd, Strickland of the 111th and others:
A BILL to be entitled an Act to amend an Act entitled "An Act to amend an Act providing for a new Board of Commissioners of Henry County," approved March 24, 1974 (Ga. L. 1974, p. 3680), as amended, particularly by an Act approved April 4, 1990 (Ga. L. 1990, p. 5232), so as to further define the authority, roles, and responsibilities of the chairperson, the board of commissioners, and the county manager; to provide for compensation; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 555. By Representatives Chandler of the 105th, Taylor of the 173rd, Cantrell of the 22nd, Setzler of the 35th, Clark of the 101st and others:
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1797
A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the reporting of certain statistics regarding juveniles seeking abortions without parental notice; to amend Article 5 of Chapter 12 of Title 16 of the O.C.G.A., relating to abortion, so as to make reporting requirements applicable to all abortions performed; to amend Chapter 9A of Title 31 of the O.C.G.A., relating to the "Woman's Right to Know Act," so as to make reporting requirements applicable to all abortions performed; to amend Part 1 of Article 1 of Chapter 18 of Title 45 of the O.C.G.A., relating to State Employees' Health Insurance Plan, so as to clarify that elective abortions are not covered under the state health insurance plan; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 556. By Representative Parsons of the 44th:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telecommunications and competition development, so as to change certain provisions relating to the authority of the Public Service Commission to order certain contributions and distributions to the Universal Access Fund; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 557. By Representative Parsons of the 44th:
A BILL to be entitled an Act to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to emergency telephone number 9-1-1 system, so as to revise a definition; to provide for the manner of billing of certain fees; to provide for the centralization of collection of 9-1-1 fees; to provide for a single, state-wide 9-1-1 fee that is applicable to all telephone services and prepaid wireless services throughout the state; to increase the fee for prepaid wireless; to revise the manner of calculating the distribution of 9-1-1 revenues; 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.
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HR 564. By Representative Ralston of the 7th:
A RESOLUTION honoring the life and memory of Mr. James Howard "Bud" Holloway, Jr., and dedicating a bridge in his honor; and for other purposes.
Referred to the Committee on Transportation.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the Committees:
HB 564. By Representatives Jasperse of the 11th, Cooper of the 43rd, Clark of the 101st, Rogers of the 29th and Bennett of the 94th:
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 medical practice, so as to require physicians to complete continuing education training on prescribing controlled substances and the development of addiction; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 565. By Representatives Cheokas of the 138th, Williams of the 119th and Dunahoo of the 30th:
A BILL to be entitled an Act to amend Chapter 18 of Title 2 of the Official Code of Georgia Annotated, relating to the Tobacco Community Development Board, so as to eliminate the Georgia Tobacco Community Development Board Overview Committee; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Information and Audits.
HB 566. By Representatives Nix of the 69th, Rynders of the 152nd, Holmes of the 129th and Stephens of the 165th:
A BILL to be entitled an Act to amend an Act to provide for the composition and number of state house districts, approved August 24, 2011 (Ga. L. 2011, Ex. Sess., p. 3), as amended, particularly by an Act approved February 23, 2012 (Ga. L. 2012, p. 21), so as to revise the boundaries of certain state house districts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Legislative & Congressional Reapportionment.
HB 567. By Representatives Dempsey of the 13th, Ramsey of the 72nd, Willard of the 51st, Oliver of the 82nd, Weldon of the 3rd and others:
A BILL to be entitled an Act to amend Code Section 19-6-26 of the Official Code of Georgia Annotated, relating to jurisdiction in cases relating to alimony and child support, so as to expand the jurisdiction of courts that may hear contempt proceedings; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 568. By Representatives Dempsey of the 13th, Weldon of the 3rd, Oliver of the 82nd, Willard of the 51st, Atwood of the 179th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to revise provisions relative to paternity testing in certain cases; to provide for reimbursement of paternity testing costs incurred by the Department of Human Services; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 569. By Representatives Petrea of the 166th, Stephens of the 164th, Harbin of the 122nd and Nix of the 69th:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the licensure of durable medical equipment suppliers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 530 HB 532 HB 534 HB 536 HB 542
HB 531 HB 533 HB 535 HB 537 HB 543
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HB 544 HB 546 HB 548 HB 552 HR 548 SB 89 SB 104
HB 545 HB 547 HB 551 HR 547 SB 85 SB 100
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 209 HB 401 HB 474
Do Pass, by Substitute Do Pass Do Pass, by Substitute
HB 313 HB 414 HB 502
Do Pass Do Pass, by Substitute Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 97th
Chairman
Representative Tankersley of the 160th 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 516 HB 521 HB 526
Do Pass Do Pass Do Pass
HB 518 HB 522 HB 528
Do Pass Do Pass Do Pass
Respectfully submitted, /s/ Tankersley of the 160th
Chairman
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1801
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 352 Do Pass, by Substitute
Respectfully submitted, /s/ Golick of the 40th
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 263 HB 264 HB 361
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute
Respectfully submitted, /s/ Weldon of the 3rd
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 232 HB 461 HB 535
Do Pass, by Substitute Do Pass, by Substitute Do Pass
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Respectfully submitted, /s/ Maxwell of the 17th
Chairman
Representative Sims of the 123rd 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 50 Do Pass, by Substitute HB 255 Do Pass, by Substitute
Respectfully submitted, /s/ Sims of the 123rd
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 477 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 THURSDAY, MARCH 5, 2015
Mr. Speaker and Members of the House:
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1803
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 213
HB 214 HB 366 HB 368
Metropolitan Atlanta Rapid Transit Authority Act of 1965; permanent suspension of restrictions on use of sales and use tax proceeds upon submission of an independent management audit to certain officials; provide (Substitute)(Trans-Jacobs-80th) Metropolitan Atlanta Rapid Transit Authority Act of 1965; restoration of voting privileges to Commissioner of Department of Transportation until 2017; provide (Substitute)(Trans-Jacobs-80th) Employment of minors; issuance of employment certificates; change certain provisions (Substitute)(I&L-Strickland-111th) Construction; glass installations; repeal and reserve Part 5 of said article (I&L-Strickland-111th)
Modified Structured Rule
Pursuant to House Rule 33.3, debate shall be limited to no more than one hour on HB 170. Time to be allocated at the discretion of the Speaker.
HB 170
HB 328 HB 372 HB 504
Transportation Funding Act of 2015; enact (Substitute) (Trans-Roberts-155th) (Rules Committee Substitute LC 34 4595S) AM# 34 0676 Adult offenders; enact reforms recommended by Georgia Council on Criminal Justice Reform (Substitute)(JudyNC-Efstration-104th) Utopian Academy for the Arts Act; enact (Ed-Coomer-14th) Health; vaccination against meningococcal disease of college students; revise provisions (Substitute)(H&HS-Cooper-43rd)
Structured Rule
HB 200
Income tax credit; change amount of credit for electric vehicle chargers; provisions (Substitute)(W&M-Parsons-44th)
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Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 516. By Representatives Hitchens of the 161st and Burns of the 159th:
A BILL to be entitled an Act to amend an Act to reconstitute the board of education for the Effingham County School District, approved March 26, 1987 (Ga. L. 1987, p. 4596), as amended, so as to change the compensation for members of the board; 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 518. By Representatives Corbett of the 174th, Spencer of the 180th and Shaw of the 176th:
A BILL to be entitled an Act to amend an Act creating the Satilla Regional Water and Sewer Authority, previously known as the Ware County Water and Sewer Authority, approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, so as to revise the manner of selection of the members of the authority; to repeal provisions regarding receipts for payments, late fees, service disconnection, and service reconnection; 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 521. By Representatives Raffensperger of the 50th, Jones of the 47th, Willard of the 51st, Geisinger of the 48th, Martin of the 49th 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
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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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 522. By Representatives Raffensperger of the 50th, Jones of the 47th, Willard of the 51st, Geisinger of the 48th, Beskin of the 54th and others:
A BILL to be entitled an Act to provide a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $30,000.00 of the assessed value of the homestead after a two-year phase in for certain residents of that county who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 526. By Representative Buckner of the 137th:
A BILL to be entitled an Act to reincorporate the City of Talbotton in Talbot County; to provide for a new charter for the City of Talbotton; to provide for severability; to repeal a specific law; 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 528. By Representative Tarvin of the 2nd:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Chickamauga in Walker County, Georgia, approved April 10, 2014 (Ga. L. 2014, p. 4218), so as to revise the duties and responsibilities of the city manager and the chief of police; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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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 N Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague N Bell Y Belton N Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick
Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson
Jacobs Y Jasperse E Jones, J Y Jones, J.B. N Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden E Mabra Y Marin Y Martin Y Maxwell Y Mayo E McCall N McClain
Y Meadows Y Mitchell Y Morris N Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw
Sims
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
Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner N Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 Bills, the ayes were 155, nays 14.
The Bills, having received the requisite constitutional majority, were passed.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
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The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 112. By Senators Harper of the 7th, Tolleson of the 20th, Jeffares of the 17th, Williams of the 19th, Burke of the 11th and others:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the O.C.G.A.d, relating to general hunting provisions, so as to prohibit the removal, transportation, storage, or processing of game animal or game bird carcasses except in compliance with applicable harvest recording and reporting laws and regulations of the Board of Natural Resources; to amend Chapter 1 of Title 27 of the O.C.G.A., relating to general provisions relative to game and fish, so as to update provisions relating to applicability of regulations establishing criminal violations; to amend Part 2 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to deer hunting, so as to repeal obsolete provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 114. By Senators Hufstetler of the 52nd and Kirk of the 13th:
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 number of advanced practice registered nurses a delegating physician can enter into a protocol agreement with at any one time; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 119. By Senators Jeffares of the 17th, Jones of the 25th, Tolleson of the 20th, Gooch of the 51st and Ginn of the 47th:
A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to designate the first Monday in May of each year as "Water Professionals Appreciation Day" in Georgia; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 131. By Senators Dugan of the 30th, Jackson of the 24th, Kirk of the 13th, Jones of the 25th, Albers of the 56th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Behavioral Health and Developmental Disabilities, so as to provide for the certification, rather than licensing, of crisis stabilization units;
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to provide for policies and procedures; to remove certain provisions relating to the promulgation of rules and regulations; to repeal conflicting laws; and for other purposes.
SB 135. By Senators Bethel of the 54th, McKoon of the 29th, Cowsert of the 46th, Jones II of the 22nd, Thompson of the 5th and others:
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 the clerks of superior courts, so as to provide for the protection and disclosure of records held by the clerk of superior court; to provide for procedure for disclosure; to provide for penalties; to change provisions relating to back-up records; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 187. By Representatives Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended, particularly by an Act approved April 11, 2012 (Ga. L. 2012, p. 5132), so as to provide the corporate boundaries of such city; to change provisions relative to the filling of vacancies; to repeal conflicting laws; and for other purposes.
HB 398. By Representative Holmes of the 129th:
A BILL to be entitled an Act to amend an Act to incorporate and grant a new charter to the City of Monticello, approved March 10, 1959 (Ga. L. 1959, p. 2683), as amended, so as to dissolve the municipal court; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 400. By Representative Hawkins of the 27th:
A BILL to be entitled an Act to amend an Act incorporating the Town of Clermont in Hall County, approved April 5, 1994 (Ga. L. 1994, p. 4782), as amended, so as to completely revise such charter; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
THURSDAY, MARCH 5, 2015
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HB 447. By Representatives Epps of the 144th, Randall of the 142nd, Dickey of the 140th and Peake of the 141st:
A BILL to be entitled an Act to amend an Act known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, so as to change the compensation of members of the authority; to provide for future changes in compensation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 448. By Representatives England of the 116th, Quick of the 117th and Kirby of the 114th:
A BILL to be entitled an Act to amend an Act providing authority for members of the Board of Education of Barrow County, approved April 19, 1971 (Ga. L. 1971, p. 3919), as amended, particularly by an Act approved January 29, 1988 (Ga. L. 1988, p. 3501), so as to revise a provision relating to the time to appoint a member to a vacancy on the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 449. By Representatives England of the 116th, Quick of the 117th and Kirby of the 114th:
A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain Barrow County school district ad valorem taxes for educational purposes, approved May 1, 2006 (Ga. L. 2006, p. 3974), so as to eliminate the requirement to submit a new application for the exemption in the year following a reevaluation; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 453. By Representatives Spencer of the 180th and Corbett of the 174th:
A BILL to be entitled an Act to amend an Act to incorporate the City of Kingsland in Camden County, Georgia, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, so as to provide for election of the mayor and council by majority vote; to provide for related matters; to provide for a referendum; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
HB 454. By Representatives Spencer of the 180th and Corbett of the 174th:
A BILL to be entitled an Act to amend an Act to incorporate the City of Kingsland in Camden County, Georgia, approved August 15, 1927 (Ga. L.
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1927, p. 1241), as amended, particularly by an Act approved March 5, 1976 (Ga. L. 1976, p. 2833), so as to provide for the holding of elections in evennumbered years; to provide for related matters; to provide for a referendum; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
HB 465. By Representatives Kidd of the 145th and Rhodes of the 120th:
A BILL to be entitled an Act to authorize the governing authority of Putnam 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 468. By Representative Cooke of the 18th:
A BILL to be entitled an Act to provide a new charter for the City of Mount Zion; to provide for other matters relative to the foregoing; to provide for effective dates; to provide a specific repealer; 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 112. By Senators Harper of the 7th, Tolleson of the 20th, Jeffares of the 17th, Williams of the 19th, Burke of the 11th and others:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the O.C.G.A.d, relating to general hunting provisions, so as to prohibit the removal, transportation, storage, or processing of game animal or game bird carcasses except in compliance with applicable harvest recording and reporting laws and regulations of the Board of Natural Resources; to amend Chapter 1 of Title 27 of the O.C.G.A., relating to general provisions relative to game and fish, so as to update provisions relating to applicability of regulations establishing criminal violations; to amend Part 2 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to deer hunting, so as to repeal obsolete provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
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SB 114. By Senators Hufstetler of the 52nd and Kirk of the 13th:
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 number of advanced practice registered nurses a delegating physician can enter into a protocol agreement with at any one time; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
SB 119. By Senators Jeffares of the 17th, Jones of the 25th, Tolleson of the 20th, Gooch of the 51st and Ginn of the 47th:
A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to designate the first Monday in May of each year as "Water Professionals Appreciation Day" in Georgia; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
SB 131. By Senators Dugan of the 30th, Jackson of the 24th, Kirk of the 13th, Jones of the 25th, Albers of the 56th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Behavioral Health and Developmental Disabilities, so as to provide for the certification, rather than licensing, of crisis stabilization units; to provide for policies and procedures; to remove certain provisions relating to the promulgation of rules and regulations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
SB 135. By Senators Bethel of the 54th, McKoon of the 29th, Cowsert of the 46th, Jones II of the 22nd, Thompson of the 5th and others:
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 the clerks of superior courts, so as to provide for the protection and disclosure of records held by the clerk of superior court; to provide for procedure for disclosure; to provide
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for penalties; to change provisions relating to back-up records; 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 Welch of the 110th, Pak of the 108th, Waites of the 60th, Gravley of the 67th et al., Turner of the 21st, Bentley of the 139th et al., Carter of the 175th et al., Dawkins-Haigler of the 91st et al., Dickey of the 140th, Williamson of the 115th, Fludd of the 64th, Abrams of the 89th, Beskin of the 54th, and Coleman of the 97th.
Pursuant to HR 487, the House honored the life and memory of Representative Michael Brown and invited his wife and children to be recognized by the House of Representatives.
Pursuant to HR 488, the House commended Susan McCauley for honoring the memory of Rosa Parks through the book she authored, Our Auntie Rosa, remembering the legacy of Rosa Parks and the courageous role she played in the civil rights movement, and invited Susan McCauley 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 504. By Representatives Cooper of the 43rd, Broadrick of the 4th, Parrish of the 158th, Hawkins of the 27th, Stephens of the 164th and others:
A BILL to be entitled an Act to amend Code Section 31-12-3.2 of the Official Code of Georgia Annotated, relating to meningococcal disease vaccinations and disclosures, so as to revise provisions regarding vaccination against meningococcal disease of college students; to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to authorize the administration of vaccines by pharmacists or nurses pursuant to vaccine protocol agreements with physicians; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
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To amend Code Section 31-12-3.2 of the Official Code of Georgia Annotated, relating to meningococcal disease vaccinations and disclosures, so as to revise provisions regarding vaccination against meningococcal disease of college students; to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to authorize the administration of vaccines by pharmacists or nurses pursuant to vaccine protocol agreements with physicians; to provide for definitions; to provide requirements for the content of vaccine protocol agreements; to provide that a party to a vaccine protocol agreement shall not delegate his or her authority; to limit the number of vaccine protocol agreements into which a physician may enter at any one time; to prohibit certain entities from entering into vaccine protocol agreements; to provide for rules and regulations; to provide for limited liability; to provide for applicability; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 31-12-3.2 of the Official Code of Georgia Annotated, relating to meningococcal disease vaccinations and disclosures, is amended by revising subsection (b) as follows:
"(b) In accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, newly admitted students Students who are 18 years of age or older residing in campus housing as defined by the postsecondary educational institution or residing in sorority or fraternity houses shall be required to sign a document provided by the postsecondary educational institution stating that he or she has received a vaccination against meningococcal disease not more than five years prior to such admittance or reviewed the information provided as required by subsection (a) of this Code section. If a student is a minor, only a parent or guardian may sign such document."
SECTION 2. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, is amended by revising Code Section 43-34-26.1, relating to influenza vaccine protocol agreements, as follows:
"43-34-26.1. (a) As used in this Code section, the term:
(1) 'Administer' means the provision of a unit dose of influenza vaccine by a pharmacist or nurse pursuant to an influenza a vaccine order contained in an influenza a vaccine protocol agreement with a physician. (2) 'Adverse event' means an event that is a negative consequence of the administration of influenza vaccine by a pharmacist or nurse that results in an unintended reaction, injury, or illness, which may or may not have been preventable. (3) 'Board' means the Georgia Composite Medical Board.
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(4) 'Nurse' means a registered professional nurse as defined in paragraph (9) of Code Section 43-26-3. The term shall also mean a licensed practical nurse as defined in paragraph (5) of Code Section 43-26-32 who is regularly employed by a physician engaged in the active practice of medicine. (5) 'Pharmacist' means an individual licensed under Chapter 4 of Title 26 to engage in the practice of pharmacy in the State of Georgia. (6) 'Pharmacy intern' means a pharmacy intern as defined in paragraph (19) of Code Section 26-4-5. (7) 'Physician' means an individual licensed to practice medicine and surgery pursuant to this article and whose principal place of practice is located in this state. (4)(8) 'Vaccine' 'Influenza vaccine' means an inactivated virus administered by injection or a live attenuated virus administered by nasal spray that is prepared for the applicable season and that is administered to produce or increase a specially prepared antigen which upon administration to a person will result in immunity to influenza, pneumococcal disease, shingles, or meningitis. to the influenza virus; provided, however, that a live attenuated virus shall not be administered pursuant to this Code section to any individual younger than 13 or older than 49 years of age; and provided, further, that a No live attenuated virus shall not be administered pursuant to this Code section unless the patient or his or her parent, if a minor, has signed an informed consent that he or she does not have a contraindication to this vaccine. The informed consent form shall list the contraindications to the vaccine. (5)(9) 'Vaccine order' 'Influenza vaccine order' means a prescription drug order, contained in an influenza a vaccine protocol agreement, for influenza a vaccine issued by a physician for a group of patients who meet certain criteria and to be administered by a pharmacist or a nurse. An influenza A vaccine order shall also mean a prescription drug order, contained in an influenza a vaccine protocol agreement, for epinephrine issued by a physician for a group of patients who meet certain criteria and to be administered by a pharmacist or a nurse only upon the occurrence of an actual or perceived anaphylactic adverse reaction to the administered influenza vaccine provided that the influenza vaccine protocol agreement sets forth the signs and symptoms that warrant the administration of epinephrine. (6)(10) 'Vaccine protocol agreement' 'Influenza vaccine protocol agreement' means a written document mutually agreed upon and signed by a physician and a pharmacist or by a physician and a nurse, by which document the physician prescribes influenza a vaccine and epinephrine, if determined appropriate by the physician, by means of an influenza a vaccine order for administration by a pharmacist or a nurse. (7) 'Nurse' means a registered professional nurse as defined in paragraph (9) of Code Section 43-26-3. The term shall also mean a licensed practical nurse as defined in paragraph (5) of Code Section 43-26-32 who is regularly employed by a physician who actively engaged in the private practice of medicine. (8) 'Pharmacist' means an individual licensed under Chapter 4 of Title 26 to engage in the practice of pharmacy in the State of Georgia.
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(9) 'Pharmacy intern' means a pharmacy intern as defined in paragraph (19) of Code Section 26-4-5. (10) 'Physician' means an individual licensed to practice medicine and surgery pursuant to this article and whose principal place of practice is located in this state. (b) A physician engaged in the active practice of medicine may prescribe influenza a vaccine for a group of patients via an influenza a vaccine order contained in an influenza a vaccine protocol agreement to be administered by a pharmacist, provided the physician is registered with the vaccination registry established by the Department of Public Health pursuant to Code Section 31-12-3.1, commonly known as the Georgia Registry of Immunization Transactions and Services,; the pharmacist is located within the county of the physician's place of registration with the vaccination registry or a county contiguous thereto, and; the pharmacist holds current certification in Basic Cardiac Life Support and has completed a course of training accredited by the Accreditation Council for Pharmacy Education or similar health authority or professional body approved by the Georgia State Board of Pharmacy; and the pharmacist completes a training program approved by the Centers for Disease Control and Prevention in the basics of immunology which focuses on practice implementation and legal and regulatory issues, composed of at least 12 hours of self-study and an assessment exam, at least eight hours of live seminar with a final exam, and a hands-on assessment of intramuscular and subcutaneous injection technique. A physician who is a party to an influenza a vaccine protocol agreement may also prescribe epinephrine via an influenza a vaccine order contained in an influenza a vaccine protocol agreement for administration by a pharmacist upon the occurrence of an actual or perceived anaphylactic adverse reaction to the administered influenza vaccine provided that the influenza vaccine protocol agreement sets forth the signs and symptoms that warrant the administration of epinephrine. (c) A physician engaged in the active practice of medicine may prescribe influenza a vaccine for a group of patients via an influenza a vaccine order contained in an influenza a vaccine protocol agreement to be administered by a nurse, provided the physician is registered with the vaccination registry established by the Department of Public Health pursuant to Code Section 31-12-3.1, commonly known as the Georgia Registry of Immunization Transactions and Services, the nurse is located within the county of the physician's place of registration with the vaccination registry or a county contiguous thereto, and the nurse holds current certification in Basic Cardiac Life Support. A physician who is a party to an influenza a vaccine protocol agreement may also prescribe epinephrine via an influenza a vaccine order contained in an influenza a vaccine protocol agreement for administration by a nurse upon the occurrence of an actual or perceived anaphylactic adverse reaction to the administered influenza vaccine provided that the influenza vaccine protocol agreement sets forth the signs and symptoms that warrant the administration of epinephrine. (d) A An influenza vaccine protocol agreement between a physician and a pharmacist or a physician and a nurse pursuant to this Code section shall, without limitation:
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(1) Contain the current names, addresses, telephone numbers, and professional license numbers of the physician and the pharmacist or nurse; (2) Contain a provision for immediate consultation between the pharmacist or nurse and the physician. If the physician is not available, the physician for purposes of consultation may designate another physician who concurs with the terms of the influenza vaccine protocol agreement; (3) Require the pharmacist or nurse to take a complete case history and determine whether the patient has had a physical examination within the past year and shall not administer a vaccine to a patient with any condition for which such vaccine is contraindicated; (3)(4) Require the pharmacist or nurse to provide the influenza vaccine recipient with the appropriate and current Vaccine Information Statement (VIS) as provided by the federal Centers for Disease Control and Prevention; (5) Require the pharmacist or nurse to provide written information to be developed by the Department of Public Health to the vaccine recipient on the importance of having and periodically seeing a primary care physician; (6) Require the pharmacist or nurse to provide each new vaccine recipient with a personal immunization card on card stock paper containing the vaccine recipient's name, the pharmacist's or nurse's name and phone number, the name and dosage of the vaccine, the location of injection on the vaccine recipient, and the date of the administration of the vaccine in legible writing or printed type in a format made available by the Department of Public Health. The patient shall produce such card when he or she has subsequent vaccines and the pharmacist or nurse shall update such card, unless the patient does not have such card, in which case, a new card shall be provided. The written information required pursuant to paragraph (5) of this subsection may be included on the card provided pursuant to this paragraph; (4)(7) Require the pharmacist or nurse or his or her employer to retain documentation of each dose of influenza vaccine administered. Such documentation shall include, but not be limited to:
(A) The administering pharmacist's or nurse's name, address, telephone number, and professional license number; (B) The name, dose, manufacturer, and lot number of the influenza vaccine; (C) The vaccine recipient's name, address, date of birth, and telephone number; (D) The date of administration and injection site; (E) A signed and dated consent form by which the vaccine recipient acknowledges receipt of the VIS Vaccine Information Statement, and consents to the administration of the influenza vaccine, and authorizes the pharmacy or nurse to notify the vaccine recipient's primary care provider of the vaccine administered to the vaccine recipient; and (F) Any adverse events or complications that occur; (8) Require the pharmacist or nurse to make documented reasonable efforts to obtain the name of the vaccine recipient's primary care provider and to notify such primary
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care provider of the vaccine administered by the pharmacist or nurse within 72 hours of administration; (9) Require the pharmacist or nurse to administer the vaccine to a patient in a private room, area with a privacy screen, or other interior area in which the patient's privacy can be maintained. In no event shall a pharmacist or nurse administer a vaccine to a patient in a manner that is designed so that the patient can be served while remaining in their personal vehicle; (5)(10) Require the pharmacist or nurse to enter the patient's influenza vaccine information in the Georgia Registry of Immunization Transactions and Services within the registry's designated time frame, or as designated by the Department of Public Health. The Georgia Drugs and Narcotics Agency shall have the authority to impose sanctions in accordance with subsection (r) of this Code section on any person subject to the requirements of this paragraph who does not submit the information required by this paragraph and to notify the delegating physician and the applicable licensing board for such person of violations of this paragraph; (6)(11) Require, as a condition of administration of the influenza vaccine, the influenza vaccine recipient to remain under the observation of the administering pharmacist or nurse for a period of not less than 15 minutes immediately subsequent to the administration of the influenza vaccine; (7)(12) Contain procedures to follow up on the occurrence of an adverse event or complication including, if prescribed via an influenza a vaccine order contained in an influenza a vaccine protocol agreement, the administration of epinephrine; (8)(13) Provide for prioritization of influenza vaccine recipients in the event the supply of influenza a vaccine is limited; and (14) Require the pharmacist or nurse to maintain individual liability insurance coverage or be individually covered by his or her employer's liability insurance coverage in an amount not less than $250,000.00 to cover claims arising from administration of vaccines by the pharmacist or nurse pursuant to a vaccine protocol agreement and to provide proof of such coverage to the physician for submission to the board with the vaccine protocol agreement; (15) Require the pharmacist or nurse to post proof of the vaccine protocol agreement, including a list of the vaccines authorized by such protocol, in a conspicuous location within the pharmacy, local health department, or other setting in which the vaccine is being administered; and (9)(16) Be renewed and, if necessary, revised or updated biennially by the physician and the pharmacist or nurse. A An influenza vaccine protocol agreement that is not renewed biennially shall expire. (e) A pharmacist who is a party to an influenza a vaccine protocol agreement pursuant to this Code section shall not delegate the administration of influenza a vaccine to any individual other than a pharmacy intern under the direct supervision of the pharmacist whether or not any such other individual is under the supervision, direct or otherwise, of the pharmacist.
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(f) A nurse who is a party to an influenza a vaccine protocol agreement pursuant to this Code section shall not delegate the administration of influenza a vaccine to any individual, whether or not any such individual is under the supervision, direct or otherwise, of the nurse; provided, however, that notwithstanding the requirement of employment by a physician in paragraph (7)(4) of subsection (a) of this Code section, a registered professional nurse who is a party to an influenza a vaccine protocol agreement pursuant to this Code section may delegate the administration of influenza a vaccine to a licensed practical nurse under the direct on-site supervision of the registered professional nurse. (g) Notwithstanding any law to the contrary, a nurse acting pursuant to an influenza a vaccine protocol agreement as provided in this Code section may possess and transport influenza such vaccine and epinephrine. (h) A pharmacist or nurse administering influenza vaccines pursuant to an influenza a vaccine protocol agreement authorized by this Code section shall maintain policies and procedures for the handling and disposal of used or contaminated equipment and supplies. (i) Nothing in this Code section shall be construed to authorize a physician to prescribe any other vaccines or other drugs pursuant to an influenza a vaccine protocol agreement or influenza vaccine order contained in an influenza a vaccine protocol agreement other than influenza those vaccines and epinephrine specifically authorized in such vaccine protocol agreement or vaccine order. (j) A delegating physician may not enter into an influenza a vaccine protocol agreement with more than ten pharmacists or nurses, or any combination thereof, at any one time; provided, however, and notwithstanding the geographic limitations provided in subsections (b) and (c) of this Code section, a delegating physician may enter into an influenza a vaccine protocol agreement with more than ten pharmacists or nurses, or any combination thereof, at any one time so long as the pharmacists or nurses are in the same public health district as established pursuant to Code Section 31-3-15 and are employees or agents of the same corporate entity. (k) It shall be unlawful for a physician who is employed by a pharmacist or nurse to enter into an influenza a vaccine protocol agreement or otherwise delegate medical acts to such pharmacist or nurse. It shall be unlawful for a physician who is employed by a pharmacy to enter into an influenza a vaccine protocol agreement or otherwise delegate medical acts to a pharmacist or nurse who is also employed by such pharmacy. (l) The board shall have the authority to promulgate rules and regulations governing a physician who is a party to an influenza a vaccine protocol agreement in order to carry out the intent and purposes of this Code section. Further, the board shall:
(1) Require that the influenza vaccine protocol agreement be filed by the physician with the board and be made available by the board for public inspection. The physician shall submit proof of the liability insurance coverage required pursuant to paragraph (14) of subsection (d) of this Code section, verification that the pharmacist or nurse holds current certification in Basic Cardiac Life Support as required by subsections (b) and (c) of this Code section with the vaccine protocol agreement, and
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for pharmacists, verification of completion of immunology training as required by subsection (b) of this Code section; and (2) Promulgate by rule an approved standard protocol template that may be utilized as an influenza a vaccine protocol agreement and make such template available on the board's website. (m) Nothing in this Code section shall be construed to require a physician to enter into an influenza a vaccine protocol agreement. A public or private managed care system, health plan, hospital, insurance company, or similar entity shall not require a physician, pharmacist, or nurse to enter into an influenza a vaccine protocol agreement as a condition for participation in or reimbursement from such entity. (n) No physician who complies with the provisions of this Code section shall be subject to criminal or civil liability or discipline for unprofessional conduct for: (1) Entering into an influenza a vaccine protocol agreement with a pharmacist or nurse; (2) Issuing an influenza a vaccine order contained in an influenza a vaccine protocol agreement with a pharmacist or nurse; or (3) The acts or omissions of a pharmacist or nurse pursuant to an influenza a vaccine protocol agreement including the administration of influenza a vaccine or epinephrine. Nothing in this subsection shall be interpreted as altering liability of an employer for acts of his or her employees. (o) This Code section shall not apply to any activities conducted within a hospital, physician's office, nursing home, or other health care facility designated by the department or conducted within any other facility or entity owned, operated, or leased by a hospital. (p) This Code section shall not be interpreted as limiting the authority of any authorized person to dispense or administer influenza vaccine vaccines or other medications. (q) No influenza vaccine protocol agreement entered into pursuant to this Code section shall permit a pharmacist or nurse to administer an any of the following: (1) An influenza vaccine to any child under the age of 13 without an individual prescription from a physician,; (2) A pneumococcal disease vaccine to any child under the age of 18 without an individual prescription from a physician; (3) Any vaccines containing a live attenuated virus to a child under the age of 13; or (4) A meningitis vaccine to any child under the age of 18. and consent Consent of the child's parent or legal guardian shall be a condition precedent to the administration of an influenza a vaccine to a child under the age of 18. (r)(1) A pharmacist or nurse who knowingly does not comply with paragraph (14) of subsection (d) of this Code section may be assessed a fine of up to $2,500.00 by the board. (2) A pharmacist or nurse who knowingly administers a vaccine without a vaccine protocol agreement as required by this Code section may be assessed a fine of up to
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$2,500.00 and may be prohibited from administering vaccines pursuant to this Code section for up to one year as determined by the board. (3) A pharmacist or nurse who knowingly does not comply with paragraph (6) of subsection (d) of this Code section may be subject to the following sanctions by the board:
(A) Upon the first violation, the issuance of a warning: (B) Upon the second violation, a fine of up $500.00; and (C) Upon a third or subsequent violation, prohibited from administering vaccines pursuant to this Code section for up to one year. (4) A pharmacist or nurse who knowingly does not comply with paragraph (15) of subsection (d) of this Code section may be subject to the following sanctions by the board: (A) Upon the first or second violation, the issuance of a warning: (B) Upon a third or subsequent violation, prohibited from administering vaccines pursuant to this Code section for up to six months. (5) A pharmacist or nurse who knowingly does not comply with paragraph (10) of subsection (d) of this Code section may be subject to the following sanctions by the Georgia Drugs and Narcotics Agency: (A) Upon the first violation, the issuance of a warning; (B) Upon the second violation, a fine of up to $5,000.00; and (C) Upon a third or subsequent violation, prohibited from administering vaccines pursuant to this Code section. (6) The sanctions contained in this subsection shall be supplemental to any other sanctions or penalties to which a pharmacist or nurse may otherwise be subject."
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 Belton Y Bennett
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey
Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake
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
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Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman N Cooke
Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd
Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Hugley Y Jackson Y Jacobs Y Jasperse E Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden E Mabra Y Marin Y Martin Y Maxwell Y Mayo E McCall Y McClain
Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts
Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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 372. By Representatives Coomer of the 14th, Glanton of the 75th, Nimmer of the 178th, Dickey of the 140th, Coleman of the 97th and others:
A BILL to be entitled an Act to amend Code Section 20-2-2068.2 of the Official Code of Georgia Annotated, relating to a facilities fund for charter schools, so as to prohibit additional requirements of a charter school to operate that has passed state facility inspections and received a certificate of occupancy; to provide a short title; 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 Coomer Y Cooper Y Corbett Y Dawkins-Haigler
Deffenbaugh
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre
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Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd
Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse E Jones, J Y Jones, J.B. Y Jones, L
Jones, S E Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden E Mabra Y Marin Y Martin Y Maxwell Y Mayo E McCall Y McClain
Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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.
Sheila Jones Georgia State Representative District 53: Cobb County Fulton County
March 5, 2015
Please vote me "yes" on HB 372.
Thanks
Feel free to contact me if you are in need of additional information.
/s/ Sheila Jones State Representative Georgia House of Representatives, District 53
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HB 328. By Representatives Efstration of the 104th, Coomer of the 14th, Nimmer of the 178th, Dickey of the 140th, Golick of the 40th and others:
A BILL to be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10, Code Sections 17-10-7 and 42-9-45, Chapter 1 of Title 43, and Code Section 49-4-15 of the O.C.G.A., relating to the "Fair Business Practices Act of 1975," repeat offenders and the State Board of Pardons and Paroles general rule-making authority, general provisions for professions and businesses, and fraud in obtaining public assistance, food stamps, or Medicaid; 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 Part 2 of Article 15 of Chapter 1 of Title 10, Code Sections 17-10-7 and 42-945, Chapter 1 of Title 43, and Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," repeat offenders and the State Board of Pardons and Paroles general rule-making authority, general provisions for professions and businesses, and fraud in obtaining public assistance, food stamps, or Medicaid, respectively, so as to enact reforms recommended by the Georgia Council on Criminal Justice Reform involving adult offenders; to provide greater employment opportunities for individuals who have had interaction with the criminal justice system; to provide protection to consumers relating to consumer reports in connection with employment and licensing; to provide for definitions; to change provisions relating to certain inmates' parole eligibility; to provide for probationary licenses under certain conditions; to change provisions relating to the misdemeanor and felony threshold in certain fraud cases; to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, so as to change the name of the Georgia Public Defender Standards Council; to remove all references to standards within the chapter; to remove mandatory provisions and make them discretionary; to change provisions relating to the qualifications of the director; to revise the director's powers and authority; to require fewer council and legislative oversight meetings; to limit disclosure of information only upon request; to repeal provisions requiring the council to approve programs for the representation of indigent persons; to clarify representation of juveniles; to change provisions relating to appeals in alternative delivery systems; to amend Title 15 and Code Sections 35-6A-3 and 36-32-1 of the Official Code of Georgia Annotated, relating to courts, membership on the Criminal Justice Coordinating Council, and establishment of municipal courts, respectively, so as to correct cross-references; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," is amended by adding a new Code section to read as follows:
"10-1-393.14. (a) As used in this Code section, the term:
(1) 'Adverse action' means: (A) A denial of employment; (B) Any other decision for employment purposes that negatively affects any current or prospective employee; or (C) A denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of any license.
(2) 'Consumer report' means any written, oral, or other communication of any information bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for purposes of credit, insurance, or employment. (3) 'Consumer reporting agency' means any person or entity which, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties. (4) 'Employment purposes' means used for the purpose of evaluating a consumer for employment, promotion, reassignment, retention as an employee, or licensing. (b) A consumer reporting agency which furnishes a consumer report for employment purposes and which for that purpose compiles and reports items of information on consumers which are matters of public record and are likely to have an adverse action upon a consumer's ability to obtain employment shall: (1) At the time such public record information is reported to the user of such consumer report, notify the consumer of the fact that public record information is being reported by the consumer reporting agency, together with the name and address of the person to whom such information is being reported; or (2) Maintain strict procedures designed to ensure that whenever public record information which is likely to have an adverse action on a consumer's ability to obtain employment is reported it is complete and up to date. For purposes of this paragraph, items of public record relating to arrests, indictments, and convictions shall be considered up to date if the current public record status of the item at the time of the report is reported.
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(c) A consumer reporting agency shall be considered to be conducting business in this state if it provides information to any individual, partnership, corporation, association, or any other group however organized that is domiciled within this state or whose principal place of business is within this state."
PART II SECTION 2-1.
Code Section 17-10-7 of the Official Code of Georgia Annotated, relating to punishment of repeat offenders, is amended by revising subsection (c) as follows:
"(c) Except as otherwise provided in subsection (b) or (b.1) of this Code section and subsection (b) of Code Section 42-9-45, any person who, after having been convicted under the laws of this state for three felonies or having been convicted under the laws of any other state or of the United States of three crimes which if committed within this state would be felonies, commits a felony within this state shall, upon conviction for such fourth offense or for subsequent offenses, serve the maximum time provided in the sentence of the judge based upon such conviction and shall not be eligible for parole until the maximum sentence has been served."
SECTION 2-2. Code Section 42-9-45 of the Official Code of Georgia Annotated, relating to the State Board of Pardons and Paroles general rule-making authority, is amended by revising subsection (b) as follows:
"(b)(1) An inmate serving a misdemeanor sentence or misdemeanor sentences shall only be eligible for consideration for parole after the expiration of six months of his or her sentence or sentences or one-third of the time of his or her sentence or sentences, whichever is greater. (2) Except as otherwise provided in Code Sections 17-10-6.1 and 17-10-7 and paragraph (3) of this subsection, an inmate serving a felony sentence or felony sentences shall only be eligible for consideration for parole after the expiration of nine months of his or her sentence or one-third of the time of the sentences, whichever is greater. Except as otherwise provided in Code Sections 17-10-6.1 and 17-10-7 and paragraph (3) of this subsection, inmates serving sentences aggregating 21 years or more shall become eligible for consideration for parole upon completion of the service of seven years. (3) When an inmate was sentenced pursuant to subsection (d) of Code Section 16-1330 and subsection (c) of Code Section 17-10-7 to a term of at least 12 years and up to a life sentence, he or she may become eligible for consideration for parole if he or she:
(A) Has never been convicted of: (i) A serious violent felony as such term is defined in Code Section 17-10-6.1; (ii) An offense for which he or she was or could have been required to register pursuant to Code Section 42-1-12; provided, however, that this paragraph shall not
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apply to any felony that became punishable as a misdemeanor on or after July 1, 2006; (iii) A violation of paragraph (1) or (2) of subsection (b) of Code Section 16-5-21; (iv) A violation of Code Section 16-11-106; and (v) A violation of Code Section 16-11-131; (B) Has completed at least 12 years of his or her sentence; (C) Has obtained a low-risk for recidivism rating as determined by a validated risk assessment instrument approved by the Department of Corrections; (D) Has been classified as a medium or less than medium security risk for institutional housing classification purposes by the Department of Corrections; (E) Has completed all criminogenic programming requirements as determined by a validated risk assessment instrument approved by the Department of Corrections; (F) In the 12 months preceding consideration, has not been found guilty of any serious disciplinary infractions; and (G) Has a high school diploma or general educational development (GED) diploma, unless he or she is unable to obtain such educational achievement due to a learning disability or illiteracy. If the inmate is incapable of obtaining such education, he or she shall have completed a job skills training program, a literacy program, an adult basic education program, or a faith-based program."
PART III SECTION 3-1.
Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions for professions and businesses, is amended by adding a new subsection to Code Section 43-1-19, relating to grounds for refusing to grant or revoking licenses, to read as follows:
"(p)(1) Notwithstanding any other provision of this Code section or title, when an applicant submits his or her application for licensure or renewal, together with proof of completion of a drug court division program, as set forth in Code Section 15-1-15, a board shall issue the applicant a probationary license under the terms and conditions deemed appropriate by such board. (2) Paragraph (1) of this subsection shall not supersede a board's consideration of an applicant's other prior criminal history or arrests or convictions that occur subsequent to completion of a drug court division program."
PART IV SECTION 4-1.
Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to fraud in obtaining public assistance, food stamps, or Medicaid, is amended by revising subsection (a) as follows:
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"(a) Any person who by means of a false statement, failure to disclose information, or impersonation, or by other fraudulent device, obtains or attempts to obtain, or any person who knowingly or intentionally aids or abets such person in the obtaining or attempting to obtain:
(1) Any grant or payment of public assistance, food stamps, or medical assistance (Medicaid) to which he or she is not entitled; (2) A larger amount of public assistance, food stamp allotment, or medical assistance (Medicaid) than that to which he or she is entitled; or (3) Payment of any forfeited grant of public assistance; or any person who, with intent to defraud the department, aids or abets in the buying or in any way disposing of the real property of a recipient of public assistance shall be guilty of a misdemeanor unless the total amount of the value of public assistance, food stamps, and medical assistance (Medicaid) so obtained exceeds $500.00 $1,500.00, in which event such person 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. In determining the amount of value of public assistance, food stamps, and medical assistance (Medicaid) obtained by false statement, failure to disclose information, or impersonation, or other fraudulent device, the total amount obtained during any uninterrupted period of time shall be treated as one continuing offense."
PART V SECTION 5-1.
Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, is amended by revising subsection (b) of Code Section 17-12-1, relating to the Georgia Public Defender Standards Council, as follows:
"(b) The Georgia Public Defender Standards Council shall be an independent agency within the executive branch of state government."
SECTION 5-2. Said chapter is further amended by revising paragraphs (4), (5), and (7) of Code Section 17-12-2, relating to definitions, as follows:
"(4) 'Council' means the Georgia Public Defender Standards Council. (5) 'Director' means the director of the Georgia Public Defender Standards Council." "(7) 'Legislative oversight committee' means the Legislative Oversight Committee for the Georgia Public Defender Standards Council."
SECTION 5-3. Said chapter is further amended by revising subsections (a) and (e) of Code Section 1712-3, relating to the creation of the council, as follows:
"(a) There is created the Georgia Public Defender Standards Council to be composed of nine members. Other than county commission members, members of the council shall be individuals with significant experience working in the criminal justice system
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or who have demonstrated a strong commitment to the provision of adequate and effective representation of indigent defendants." "(e) In making the appointments of members of the council who are not county commissioners, the appointing authorities shall seek to identify and appoint persons who represent a diversity of backgrounds and experience and shall may solicit suggestions from the State Bar of Georgia, local bar associations, the Georgia Association of Criminal Defense Lawyers, the councils representing the various categories of state court judges in Georgia, and the Prosecuting Attorneys' Council of the State of Georgia, as well as from the public and other interested organizations and individuals within this state. The appointing authorities may solicit recommendations for county commissioners from the Association County Commissioners of Georgia. The appointing authorities shall not appoint a prosecuting attorney as defined in paragraph (6) of Code Section 19-13-51, any employee of a prosecuting attorney's office, or an employee of the Prosecuting Attorneys' Council of the State of Georgia to serve on the council."
SECTION 5-4. Said chapter is further amended by revising Code Section 17-12-5, relating to the director, qualifications, selection, salary, and responsibilities, as follows:
"17-12-5. (a) To be eligible for appointment as the director, a candidate shall be a member in good standing of the State Bar of Georgia with at least seven years' experience in the practice of law. The director shall be selected on the basis of training and experience and such other qualifications as the council deems appropriate. The director shall be appointed by the Governor and shall serve at the pleasure of the Governor.
(b)(1) The director shall work with and provide support services and programs for circuit public defender offices and other attorneys representing indigent persons in criminal or juvenile cases in order to improve the quality and effectiveness of legal representation of such persons and otherwise fulfill the purposes of this chapter. Such services and programs shall include, but shall not be limited to, technical, research, and administrative assistance; educational and training programs for attorneys, investigators, and other staff; assistance with the representation of indigent defendants with mental disabilities; assistance with the representation of juveniles; assistance with death penalty cases; and assistance with appellate advocacy. (2) The director may establish divisions within the office to administer the services and programs as may be necessary to fulfill the purposes of this chapter. The director shall establish a mental health advocacy division and the Georgia capital defender division. (3) The director may hire and supervise such staff employees and may contract with outside consultants on behalf of the office as may be necessary to provide the services contemplated by this chapter. (c) The director shall have and may exercise the following power and authority:
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(1) The power and authority to take or cause to be taken any or all action necessary to perform any indigent defense services or otherwise necessary to perform any duties, responsibilities, or functions which the director is authorized by law to perform and to exercise any power or authority which the council is authorized under subsection (a) of Code Section 17-12-4 to exercise; and (2) The power and authority to enforce or otherwise require compliance with any and all rules, regulations, procedures, or directives necessary to perform any indigent defense services; to carry into effect the minimum standards and policies promulgated by the council; and to perform any duties, responsibilities, or functions which the council is authorized under subsection (a) of Code Section 17-12-4 to perform or to exercise; and (3)(2) The power and authority to assist the council in the performance of its duties, responsibilities, and functions and the exercise of its power and authority. (d) The director shall: (1) Prepare and submit to the council a proposed budget for the council. The director shall also prepare and submit an annual report containing pertinent data on the operations, costs, and needs of the council and such other information as the council may require; (2) Develop such rules, procedures, and regulations as the director determines may be necessary to carry out the provisions of this chapter and submit these to the council for approval and comply with all applicable laws, standards, and regulations; (3) Administer and coordinate the operations of the council and supervise compliance with policies and standards adopted by the council; (4) Maintain proper records of all financial transactions related to the operation of the council; (5) At the director's discretion, solicit and accept on behalf of the council any funds that may become available from any source, including government, nonprofit, or private grants, gifts, or bequests; (6) Coordinate the services of the council with any federal, county, or private programs established to provide assistance to indigent persons in cases subject to this chapter and consult with professional bodies concerning the implementation and improvement of programs for providing indigent services; (7) Provide for the training of attorneys and other staff involved in the legal representation of persons subject to this chapter; (8) Attend all council meetings, except those meetings or portions thereof that address the question of appointment or removal of the director; (9) Ensure that the expenditures of the council are not greater than the amounts budgeted or available from other revenue sources; (10) Hire or remove a mental health advocate who shall serve as director of the division of the office of mental health advocacy; (11) Hire or remove the capital defender who shall serve as the director of the division of the office of the Georgia capital defender; and (12) Evaluate each circuit public defender's job performance.
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(e) The director shall not: (1) Provide direct legal representation to any person entitled to services pursuant to this chapter; and (2) Engage in the private practice of law for profit."
SECTION 5-5. Said chapter is further amended by revising Code Section 17-12-6, relating to assistance of council to public defenders, as follows:
"17-12-6. (a) The council shall may assist the public defenders throughout the state in their efforts to provide adequate legal defense to the indigent. Assistance may include:
(1) The preparation and distribution of a basic defense manual and other educational materials; (2) The preparation and distribution of model forms and documents employed in indigent defense; (3) The promotion of and assistance in the training of indigent defense attorneys; (4) The provision of legal research assistance to public defenders; and (5) The provision of such other assistance to public defenders as may be authorized by law. (b) The council: (1) Shall be the fiscal officer for the circuit public defender offices and shall account for all moneys received from each governing authority; and (2) May Shall collect, maintain, review, and publish in print or electronically records and statistics for the purpose of evaluating the delivery of indigent defense representation in Georgia."
SECTION 5-6. Said chapter is further amended by revising subsection (e) of Code Section 17-12-7, relating to councilmembers and meetings, as follows:
"(e) The council shall meet at least quarterly semiannually and at such other times and places as it deems necessary or convenient for the performance of its duties."
SECTION 5-7. Said chapter is further amended by revising Code Section 17-12-8, relating to the approval by the council of programs for representation of indigent persons, as follows:
"17-12-8. Reserved. (a) The council shall approve the development and improvement of programs which provide legal representation to indigent persons and juveniles. (b) The council shall approve and implement programs, services, policies, and standards as may be necessary to fulfill the purposes and provisions of this chapter and to comply with all applicable laws governing the rights of indigent persons accused of violations of criminal law.
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(c) All policies and standards that are promulgated by the council shall be publicly available for review and shall be posted on the council's website. Each policy and standard shall identify the date upon which such policy and standard took effect."
SECTION 5-8. Said chapter is further amended by revising Code Section 17-12-10, relating to annual reporting, as follows:
"17-12-10. (a) Upon request, the The council shall prepare annually a report of its activities in order to provide the General Assembly, the Governor, and the Supreme Court of Georgia with an accurate description and accounting of the preceding year's expenditures and revenue, including moneys received from cities and county governing authorities. Such report shall include a three-year cost projection and anticipated revenues for all programs defined in the General Appropriations Act. (b) Upon request, the The council shall provide to the General Assembly, the Governor, and the Supreme Court of Georgia a detailed analysis of all grants and funds, whether public or private, applied for or granted, together with how and in what manner the same are to be utilized and expended. (c) Upon request, the The director shall prepare annually a report in order to provide the General Assembly, the Supreme Court, and the Governor with information on the council's assessment of the delivery of indigent defense services, including, but not limited to, the costs involved in operating each program and each governing authority's indigent person verification system, methodology used, costs expended, and savings realized."
SECTION 5-9. Said chapter is further amended by revising Code Section 17-12-10.1, relating to the creation of the legislative oversight committee, as follows:
"17-12-10.1. (a) There is created the Legislative Oversight Committee for the Georgia Public Defender Standards Council which shall be composed of eight persons: three members of the House of Representatives appointed by the Speaker of the House of Representatives, three members of the Senate appointed by the Senate Committee on Assignments or such person or entity as established by Senate rule, and one member of the House of Representatives and one member of the Senate appointed by the Governor. The members of such committee shall be selected within ten days after the convening of the General Assembly in each odd-numbered year and shall serve until their successors are appointed. (b) The Speaker of the House of Representatives shall appoint a member of such committee to serve as chairperson, and the Senate Committee on Assignments or such person or entity as established by Senate rule shall appoint one member of the committee to serve as vice chairperson during each even-numbered year. The Senate Committee on Assignments or such person or entity as established by Senate rule shall
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appoint a member of such committee to serve as chairperson, and the Speaker of the House of Representatives shall appoint one member to serve as vice chairperson during each odd-numbered year. Such committee shall meet at least three times once each year and, upon the call of the chairperson, at such additional times as deemed necessary by the chairperson. (c) It shall be the duty of such committee to review and evaluate:
(1) Information on new programs submitted by the council; (2) Information on rules, regulations, policies, and standards proposed by the council; (3) The strategic plans for the council; (4) Program evaluation reports and budget recommendations of the council; (5) The fiscal impact of fees and fines on counties; (6) The reports submitted pursuant to Code Section 15-21A-7 in order to identify, among other things, opportunities to reduce or consolidate fees, fines, and surcharges; and (7) Such other information or reports as deemed necessary by such committee. (d) The council and director shall cooperate with such committee and provide such information or reports as requested by the committee for the performance of its functions. (e) The council shall submit its budget estimate to the director of the Office of Planning and Budget in accordance with subsection (a) of Code Section 45-12-78. (f) The legislative oversight committee shall make an annual report of its activities and findings to the membership of the General Assembly, the Chief Justice of the Supreme Court, and the Governor within one week of the convening of each regular session of the General Assembly. The chairperson of such committee shall deliver written executive summaries of such report to the members of the General Assembly prior to the adoption of the General Appropriations Act each year. (g)(f) The members of such committee shall receive the allowances authorized for legislative members of legislative committees. The funds necessary to pay such allowances shall come from funds appropriated to the House of Representatives and the Senate. (h)(g) The legislative oversight committee shall be authorized to request that a performance audit of the council be conducted."
SECTION 5-10. Said chapter is further amended by revising subsection (d) of Code Section 17-12-20, relating to the public defender selection panel, as follows:
"(d) A circuit public defender supervisory panel may convene at any time during its circuit public defender's term of office and shall convene at least annually for purposes of reviewing the circuit public defender's job performance and the performance of the circuit public defender office. The director and circuit public defender shall be notified at least two weeks in advance of the convening of the circuit public defender supervisory panel. The circuit public defender shall be given the opportunity to appear before the circuit public defender supervisory panel and present evidence and
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testimony. The chairperson shall determine the agenda for the annual review process, but, at a minimum, such review shall include information collected pursuant to subsection (c) of Code Section 17-12-24, usage of state and local funding, expenditures, and budgeting matters. The chairperson shall make an annual report on or before the thirtieth day of September of each year concerning the circuit public defender supervisory panel's findings regarding the job performance of the circuit public defender and his or her office to the director on a form provided to the panel by the director. If at any time the circuit public defender supervisory panel finds that the circuit public defender is performing in a less than satisfactory manner or finds information of specific misconduct, the circuit public defender supervisory panel may by majority vote of its members adopt a resolution seeking review of its findings and remonstrative action by the director. Such resolution shall specify the reason for such request. All evidence presented and the findings of the circuit public defender supervisory panel shall be forwarded to the director within 15 days of the adoption of the resolution. The director shall initiate action on the circuit public defender supervisory panel's resolution within 30 days of receiving the resolution. The director shall notify the circuit public defender supervisory panel, in writing, of any actions taken pursuant to submission of a resolution under this subsection."
SECTION 5-11. Said chapter is further amended by revising subsection (a) of Code Section 17-12-23, relating to cases in which public defender representation is required, as follows:
"(a) The circuit public defender shall provide representation in the following actions and proceedings:
(1) Any case prosecuted in a superior court under the laws of the State of Georgia in which there is a possibility that a sentence of imprisonment or probation or a suspended sentence of imprisonment may be adjudged; (2) A hearing on a revocation of probation in a superior court; (3) Any delinquency case prosecuted in juvenile court case where the juvenile may face a disposition of confinement, commitment, or probation; and (4) Any direct appeal of any of the proceedings enumerated in paragraphs (1) through (3) of this subsection."
SECTION 5-12. Said chapter is further amended by revising Code Section 17-12-36, relating to alternative delivery systems, as follows:
"17-12-36. (a) The council may permit a judicial circuit composed of a single county to continue in effect an alternative delivery system to the one set forth in this article if:
(1) The delivery system: (A) Has a full-time director and staff and had been fully operational for at least two years on July 1, 2003; or
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(B) Is administered by the county administrative office of the courts or the office of the court administrator of the superior court and had been fully operational for at least two years on July 1, 2003; (2) The council, by majority vote of the entire council, determines that the delivery system meets or exceeds its policies and standards, including, without limitation, caseload standards, as the council adopts; (3) The governing authority of the county comprising the judicial circuit enacts a resolution expressing its desire to continue its delivery system and transmits a copy of such resolution to the council not later than September 30, 2004; and (4) The governing authority of the county comprising the judicial circuit enacts a resolution agreeing to fully fund its delivery system. (b) A judicial circuit composed of a single county may request an alternative delivery system only one time; provided, however, that if such judicial circuit's request for an alternative delivery system was disapproved on or before December 31, 2004, such judicial circuit may make one further request on or before September 1, 2005. The council shall allow such judicial circuit to have a hearing on such judicial circuit's request. (c) The council shall make a determination with regard to continuation of an alternative delivery system not later than December 1, 2005, and if the council determines that such judicial circuit's alternative delivery system does not meet the standards requirements as established by the council, the council shall notify such judicial circuit of its deficiencies in writing and shall allow such judicial circuit an opportunity to cure such deficiencies. The council shall make a final determination with regard to continuation of an alternative delivery system on or before December 31, 2005. Initial and subsequent approvals of alternative delivery systems shall be by a majority vote of the entire council. (d) Any circuit whose alternative delivery system is disapproved at any time shall be governed by the provisions of this article other than this Code section. (e) In the event an alternative delivery system is approved, the council shall annually review the operation of such system and determine whether such system is meeting the standards requirements as established by the council and is eligible to continue operating as an approved alternative delivery system. In the event the council determines that such system is not meeting the standards requirements as established by the council, the council shall provide written notice to such system of the deficiencies and shall provide such system an opportunity to cure such deficiencies. (f) In the event an alternative delivery system is approved, it shall keep and maintain appropriate records, which shall include the number of persons represented; the offenses charged; the outcome of each case; the expenditures made in providing services; and any other information requested by the council. (g) In the event the council disapproves an alternative delivery system either in its initial application or annual review, such system may appeal such decision to the Supreme Court of Georgia council under such rules and procedures as shall be prescribed by the Supreme Court council.
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(h) An approved alternative delivery system shall be paid by the council, from funds available to the council, in an amount equal to the amount that would have been allocated to the judicial circuit for the minimum salary of the circuit public defender, the assistant circuit public defenders, the investigator, and the administrative staff, exclusive of benefits, if the judicial circuit was not operating an alternative delivery system."
SECTION 5-13. Said chapter is further amended by revising subsection (c) of Code Section 17-12-51, relating to repayment of attorney's fees as a condition of probation, as follows:
"(c) If a defendant who is represented by a public defender, who is paid for entirely by the state, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other costs of the defense if the payment does not impose a financial hardship upon such defendant or such defendant's dependent or dependents. Such defendant shall make such payment through the probation department to the Georgia Public Defender Standards Council for payment to the general fund of the state treasury."
SECTION 5-14. Said chapter is further amended by revising subsection (b) of Code Section 17-12-80, relating to the requirement for verification of indigency, as follows:
"(b) The council shall establish policies and standards to determine approval of an indigent person verification system and shall annually provide written notification to the Georgia Superior Court Clerks' Cooperative Authority as to whether or not a governing authority has an approved indigent person verification system."
PART VI SECTION 6-1.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising subsections (e) and (g) of Code Section 15-6-76.1, relating to investing or depositing funds, as follows:
"(e) When funds have been paid into the registry of the court and the order of the court relating to such funds does not state that such funds shall be placed in an interestbearing trust account for the benefit of one or more of the parties, the clerk shall deposit such funds in an interest-bearing trust account, and the financial institution in which such funds are deposited shall remit, after service charges or fees are deducted, the interest generated by said funds directly to the Georgia Superior Court Clerks' Cooperative Authority by the last day of the month following the month in which such funds were received for distribution to the Georgia Public Defender Standards Council for allotment to the circuit public defender offices. With each remittance, the financial institution shall send a statement showing the name of the court, the rate of interest
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applied, the average monthly balance in the account against which the interest rate is applied, the service charges or fees of the bank or other depository, and the net remittance. This subsection shall include, but not be limited to, cash supersedeas bonds for criminal appeal, other supersedeas bonds, and bonds or funds paid into the court registry in actions involving interpleader, condemnation, and requests for injunctive relief." "(g) Any interest earned on funds subject to this Code section or Code Section 15-7-49, 15-9-18, or 15-10-240 while in the custody of the Georgia Superior Court Clerks' Cooperative Authority shall be remitted to the Georgia Public Defender Standards Council."
SECTION 6-2. Said title is further amended by revising Code Section 15-7-49, relating to remittance of interest from interest-bearing trust account, as follows:
"15-7-49. When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Superior Court Clerks' Cooperative Authority in accordance with the provisions of subsections (c) through (i) of Code Section 15-6-76.1 for distribution to the Georgia Public Defender Standards Council."
SECTION 6-3. Said title is further amended by revising Code Section 15-9-18, relating to remittance of interest from cash bonds, as follows:
"15-9-18. Whenever the sheriff transfers cash bonds to the clerk of the court, pursuant to Code Section 15-16-27, the clerk shall deposit such funds into interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Superior Court Clerks' Cooperative Authority in accordance with the provisions of subsections (c) through (i) of Code Section 15-6-76.1 for distribution to the Georgia Public Defender Standards Council."
SECTION 6-4. Said title is further amended by revising Code Section 15-10-240, relating to remittance of interest from funds, as follows:
"15-10-240. When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Superior Court Clerks' Cooperative Authority in accordance with the provisions of subsections (c) through (i) of Code Section 15-6-76.1 for distribution to the Georgia Public Defender Standards Council."
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SECTION 6-5. Said title is further amended by revising subsection (b) of Code Section 15-16-27, relating to deposit of cash bonds and reserves of professional bondspersons in interestbearing accounts, as follows:
"(b) The financial institution in which the funds are deposited shall remit, after service charges or fees are deducted, the interest generated by such funds directly to the Georgia Superior Court Clerks' Cooperative Authority in accordance with the provisions of subsections (c) through (i) of Code Section 15-6-76.1 for distribution to the Georgia Public Defender Standards Council. With each remittance, the financial institution shall send a statement showing the name of the county, deposits and withdrawals from the account or accounts, interest paid, service charges or fees of the bank or other depository, and the net remittance."
SECTION 6-6. Said title is further amended by revising subsection (c) of Code Section 15-21A-7, relating to rules, regulations, reporting, and accounting, as follows:
"(c) The authority shall, on a quarterly basis, make a detailed report and accounting of all fines and fees collected and remitted by any court and shall submit such report and accounting to the Legislative Oversight Committee for the Georgia Public Defender Standards Council, the Office of Planning and Budget, the Chief Justice of the Supreme Court of Georgia, the House Budget and Research Office, and the Senate Budget and Evaluation Office no later than 60 days after the last day of the preceding quarter."
SECTION 6-7. Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to the membership on the Criminal Justice Coordinating Council, is amended by revising paragraph (1) of subsection (a) and subsection (c) as follows:
"(1) The chairperson of the Georgia Peace Officer Standards and Training Council, the director of homeland security, the chairperson of the Judicial Council of Georgia, the chairperson of the Prosecuting Attorneys' Council of the State of Georgia, the commissioner of corrections, the chairperson of the Board of Corrections, the vice chairperson of the Board of Public Safety, the chairperson of the State Board of Pardons and Paroles, the State School Superintendent, the commissioner of community affairs, the president of the Council of Juvenile Court Judges, the chairperson of the Georgia Public Defender Standards Council, the chairperson of the Governor's Office for Children and Families, and the commissioner of juvenile justice or their designees shall be ex officio members of the council, as full voting members of the council by reason of their office; and" "(c) The initial terms for all 19 original members shall begin July 1, 1981. The initial term for the member added in 1985 shall begin July 1, 1985. The initial term for the member added in 1988 shall begin July 1, 1988. The initial term for the member added in 1989 shall begin July 1, 1989. The State School Superintendent shall be a member
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effective on July 1, 1989. The chairperson of the Georgia Public Defender Standards Council shall become a member on December 31, 2003."
SECTION 6-8. Code Section 36-32-1 of the Official Code of Georgia Annotated, relating to establishment of municipal court, is amended by revising subsections (f) and (g) as follows:
"(f) Any municipal court operating within this state and having jurisdiction over the violation of municipal ordinances and over such other matters as are by specific or general law made subject to the jurisdiction of municipal courts shall not impose any punishment of confinement, probation, or other loss of liberty, or impose any fine, fee, or cost enforceable by confinement, probation, or other loss of liberty, as authorized by general law or municipal or county ordinance, unless the court provides to the accused the right to representation by a lawyer, and provides to those accused who are indigent the right to counsel at no cost to the accused. Such representation shall be subject to all applicable standards adopted by the Georgia Public Defender Standards Council for representation of indigent persons in this state. (g) Any municipal court operating within this state that has jurisdiction over the violation of municipal or county ordinances or such other statutes as are by specific or general law made subject to the jurisdiction of municipal courts, and that holds committal hearings in regard to such alleged violations, must provide to the accused the right to representation by a lawyer, and must provide to those accused who are indigent the right to counsel at no cost to the accused. Such representation shall be subject to all applicable standards adopted by the Georgia Public Defender Standards Council for representation of indigent persons in this state."
PART VII SECTION 7-1.
(a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2015. (b) Part II of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The provisions of Part II of this Act shall be given retroactive effect to those sentences imposed before the effective date of Part II of this Act.
SECTION 7-2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
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On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd
Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse E Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden E Mabra Y Marin Y Martin Y Maxwell
Mayo E McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons
Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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.
Representative Roberts of the 155th moved that the following Bill of the House be withdrawn from the Rules Calendar and recommitted to the Committee on Rules:
HB 170. By Representatives Roberts of the 155th, Burns of the 159th, Hamilton of the 24th, England of the 116th, Hatchett of the 150th and others:
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A BILL to be entitled an Act to amend various provisions of the O.C.G.A., so as to provide for additional revenue necessary for funding transportation purposes in this state; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic; to amend Chapter 12 of Title 45 of the O.C.G.A., relating to the Governor, so as to limit the Governor's power to suspend the collection of certain motor fuel taxes and require ratification by the General Assembly; to amend Title 48 of the O.C.G.A., relating to revenue and taxation; to amend Part 3 of Article 2 of Chapter 10 of Title 32 of the O.C.G.A., the "Georgia Transportation Infrastructure Bank Act," so as to provide new criteria for determination of eligible projects by the Transportation Infrastructure Bank; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The Speaker announced the House in recess until 1:30 o'clock, this afternoon.
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AFTERNOON SESSION
The Speaker called the House to order.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 568. By Representatives Gravley of the 67th, Hightower of the 68th, Bruce of the 61st, Alexander of the 66th and Jones of the 62nd:
A RESOLUTION honoring the life of Captain Herb Emory and inviting Mrs. Karen Emory, Sheriff Phil Miller, Deputy Chief Stan Copeland, Lt. Glenn Daniel, Lt. Elmer Horn, Chairman Tom Worthan, Chief Chris Womack, Mayor Harvey Persons, Chief Joe Whisenant, Clark Howard, Mark Arum, Doug Turnbull, Mark McKay, Pete Spriggs, Ashley Frasca, Jason Durden, Kim McCarthy, Sheriff Gary Gulledge, and Roger Leggett 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 549 Do Pass HR 568 Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 549. By Representatives Williams of the 168th, Stephens of the 164th, Hitchens of the 161st, Gordon of the 163rd and Bryant of the 162nd:
A RESOLUTION commending the Third Infantry Division of the United States Army at Fort Stewart; recognizing March 9, 2015, as Third Infantry Division Day at the state capitol; and inviting Major General John M. Murray, Command Sergeant Major Christopher G. Gilpin, Brigadier General James R. Blackburn, Jr., Command Sergeant Major Stanley Varner, Colonel Kevin F. Gregory, Command Sergeant Major Myron J. Lewis, Mayor Edna B. Jackson of Savannah, and Mayor Jim Thomas, Jr., of Hinesville to be recognized by the House of Representatives; and for other purposes.
HR 568. By Representatives Gravley of the 67th, Hightower of the 68th, Bruce of the 61st, Alexander of the 66th and Jones of the 62nd:
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A RESOLUTION honoring the life of Captain Herb Emory and inviting Mrs. Karen Emory, Sheriff Phil Miller, Deputy Chief Stan Copeland, Lt. Glenn Daniel, Lt. Elmer Horn, Chairman Tom Worthan, Chief Chris Womack, Mayor Harvey Persons, Chief Joe Whisenant, Clark Howard, Mark Arum, Doug Turnbull, Mark McKay, Pete Spriggs, Ashley Frasca, Jason Durden, Kim McCarthy, Sheriff Gary Gulledge, and Roger Leggett to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 567. By Representatives Nimmer of the 178th, Dickey of the 140th and Watson of the 172nd:
A RESOLUTION recognizing July 16, 2015, as Eat a Georgia Grown Fresh Fruit and Vegetable Day at the state capitol; and for other purposes.
HR 569. By Representative Brooks of the 55th:
A RESOLUTION honoring the life and memory of Reverend Dr. Joseph Lawrence Roberts, Jr.; and for other purposes.
HR 570. By Representatives Bell of the 58th, Bennett of the 94th, Kaiser of the 59th, Gardner of the 57th, Thomas of the 56th and others:
A RESOLUTION commending Atlanta Metropolitan State College and recognizing March 18, 2015, as Atlanta Metropolitan State College Day at the capitol; and for other purposes.
HR 571. By Representative Harden of the 148th:
A RESOLUTION recognizing and commending Miss Carla Penney, 2015 Georgia Watermelon Queen; and for other purposes.
HR 572. By Representatives Smith of the 41st, Wilkerson of the 38th, Thomas of the 39th and Floyd of the 99th:
A RESOLUTION commending Shauna Bristol, Smitha's 2014-2015 Teacher of the Year; and for other purposes.
HR 573. By Representatives Smith of the 41st, Wilkerson of the 38th, Evans of the 42nd, Thomas of the 39th and Floyd of the 99th:
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A RESOLUTION commending Tina Jenkins, Dowell's 2014-2015 Teacher of the Year; and for other purposes.
HR 574. By Representatives Smith of the 41st, Wilkerson of the 38th, Evans of the 42nd, Thomas of the 39th and Floyd of the 99th:
A RESOLUTION commending Randy Brooks, Osborne's 2014-2015 Teacher of the Year; and for other purposes.
HR 575. By Representative Marin of the 96th:
A RESOLUTION commending the 100 Influential Georgia American Muslims; and for other purposes.
HR 576. By Representatives Smith of the 41st, Wilkerson of the 38th, Evans of the 42nd, Thomas of the 39th and Floyd of the 99th:
A RESOLUTION commending Dwan C. Jones, Birney's 2014-2015 Teacher of the Year; and for other purposes.
HR 577. By Representatives Smith of the 41st, Wilkerson of the 38th, Evans of the 42nd and Thomas of the 39th:
A RESOLUTION commending Kathleen Fagan, Norton Park's 2014-2015 Teacher of the Year; and for other purposes.
HR 578. By Representative Greene of the 151st:
A RESOLUTION congratulating Grace Virginia Richardson Humphrey Cutts upon the grand occasion of her 103rd birthday; and for other purposes.
HR 579. By Representatives Smith of the 41st, Wilkerson of the 38th, Thomas of the 39th and Floyd of the 99th:
A RESOLUTION commending Valerie Wisniewski, Hollydale's 2014-2015 Teacher of the Year; and for other purposes.
HR 580. By Representatives Smith of the 41st, Wilkerson of the 38th, Thomas of the 39th and Floyd of the 99th:
A RESOLUTION commending Jzsanettae Webster, Milford's 2014-2015 Teacher of the Year; and for other purposes.
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HR 581. By Representatives Marin of the 96th, Mayo of the 84th and Mitchell of the 88th:
A RESOLUTION commending La Unidad Latina, Lambda Upsilon Lambda Fraternity, Incorporated, and recognizing March 26, 2015, as Lambda Day at the state capitol; and for other purposes.
HR 582. By Representatives Smith of the 41st, Wilkerson of the 38th, Evans of the 42nd and Thomas of the 39th:
A RESOLUTION commending Elsa Cheng, LaBelle's 2014-2015 Teacher of the Year; and for other purposes.
HR 583. By Representatives Hitchens of the 161st, Tanner of the 9th, Holmes of the 129th, Lumsden of the 12th, Gravley of the 67th and others:
A RESOLUTION recognizing and commending J. Dale Mann; and for other purposes.
HR 584. By Representatives Thomas of the 39th, Abrams of the 89th, Pezold of the 133rd, Peake of the 141st, Cantrell of the 22nd and others:
A RESOLUTION commending the dedication and hard work of Georgia's child welfare workers and foster parents and recognizing May 31, 2015, as Foster Kid's Day in Georgia; and for other purposes.
HR 585. By Representatives Scott of the 76th, Stovall of the 74th, Douglas of the 78th, Waites of the 60th, Glanton of the 75th and others:
A RESOLUTION recognizing and commending Angela Bokelman, Anderson Elementary School's Teacher of the Year; and for other purposes.
HR 586. By Representatives Scott of the 76th, Douglas of the 78th, Stephenson of the 90th, Stovall of the 74th, Waites of the 60th and others:
A RESOLUTION recognizing and commending Angela Stafford, Fairview Elementary School's Teacher of the Year; and for other purposes.
HR 587. By Representatives Scott of the 76th, Douglas of the 78th, Stephenson of the 90th, Stovall of the 74th, Waites of the 60th and others:
A RESOLUTION recognizing and commending Yvette McEwen Christian, Austin Road Middle School's Teacher of the Year; and for other purposes.
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HR 588. By Representatives Alexander of the 66th, Gravley of the 67th, Rakestraw of the 19th and Maxwell of the 17th:
A RESOLUTION honoring the life and memory of Katrina Monique Cook; and for other purposes.
HR 589. By Representatives Gardner of the 57th, Brooks of the 55th and Thomas of the 56th:
A RESOLUTION honoring the life and memory of John William Perdew and recognizing March 22, 2015, as John William Perdew Day; and for other purposes.
HR 590. By Representatives Hitchens of the 161st, Epps of the 144th, Tanner of the 9th, Lumsden of the 12th, Gravley of the 67th and others:
A RESOLUTION recognizing and commending Officer John K. Wilson; and for other purposes.
HR 591. By Representative Cheokas of the 138th:
A RESOLUTION recognizing and commending Ms. Tami Peavy-Owen, a Georgia Trend Magazine 2014 40 Under 40 selectee and outstanding Georgia citizen; 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 366. By Representatives Strickland of the 111th, Hamilton of the 24th, Bryant of the 162nd, Pruett of the 149th, Stephens of the 164th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to regulation of employment of minors, so as to change certain provisions related to the employment of minors; to change certain provisions relating to the issuance of employment certificates for minors; to change certain provisions related to identification cards required for the employment of minors; to provide for gender neutrality; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required, so as to provide that certain documents relating to the employment of minors as actors or performers shall be exempt from such disclosure; to provide for related matters; to repeal conflicting laws; and for other purposes.
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The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to regulation of employment of minors, so as to change certain provisions related to the employment of minors; to change certain provisions relating to the issuance of employment certificates for minors; to change certain provisions related to identification cards required for the employment of minors; to provide for gender neutrality; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required, so as to provide that certain documents relating to the employment of minors as actors or performers shall be exempt from such disclosure; 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 39 of the Official Code of Georgia Annotated, relating to regulation of employment of minors, is amended by revising Code Section 39-2-11, relating to required employment certificates and the requirements for issuance of such certificates, as follows:
"39-2-11. (a) No minor between the ages of 12 and 16 years Minors who are at least 12 years of age but less than 16 years of age shall not be employed by or permitted to work for any person, firm, or corporation unless a an employment certificate, showing the true age of such minor and that such minor is not less than 12 years of age and is physically fit to engage in the employment sought to be obtained, shall be is issued in writing by an appropriate issuing officer who shall be one of the following:
(1) If enrolled in a public school, the school superintendent or by some member of his or her staff authorized by him in writing or her, in the county or city where the minor resides; or, if a student at (2) If enrolled in a licensed private school, by the principal administrative officer thereof or by some member of his or her staff authorized by him or her; or (3) If enrolled in a home study program, the person, parent, or guardian providing the home study program. in writing. A certificate shall also be required for employment of minors between the ages of 16 and 18. (b) The certificate provided for in subsection (a) of this Code section must show that the minor is 16 years of age to qualify such minor to work between the hours of 9:00 P.M. and 6:00 A.M. and to be employed in any of the occupations covered by Code Section 39-2-2. (c)(b) No employment certificate shall be issued to any minor until he the minor shall have submitted to the issuing officer:
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(1) A certified copy of a birth certificate or birth registration card; and (2) A statement from the prospective employer describing the type of employment offered; and indicating that if he were furnished with a certificate from the school superintendent appropriate issuing officer as required by law, he in subsection (a) of this Code section, such prospective employer could employ the minor immediately and describing the type of employment offered. It shall be understood that the prospective employer, by furnishing such statement, does not undertake to employ the minor for any specific period of time. (d) A like certificate, a copy of which shall be made a part of the minor's school file, shall be issued in cases of all minors between the ages of 16 and 18. The certificate must show that the minor is fully 16 years of age in order to qualify the minor to work between the hours of 9:00 P.M. and 6:00 A.M. and to be employed in any of the occupations covered by Code Section 39-2-2. In addition to the certificate, the superintendent of schools, or some member of his staff authorized by him, shall issue an identification card to each minor in this category of employment. The identification card will certify that the minor is eligible for employment. The minor shall be exempt from future filings of employment certificates unless his certificate is revoked by the Commissioner of Labor. (e)(1)(c)(1) The employment certificate provided for in subsection (a) of this Code section shall be accompanied by a letter from the minor's school administrator appropriate issuing officer indicating that the minor is enrolled in a school or a home study program full-time and has an attendance record in good standing for the current academic year. The employer of a minor shall maintain a copy of such certificate and letter in the minor's employment file. Such letter shall be updated in January of each subsequent academic year during which the minor maintains his or her employment until such minor reaches the age of 18 16 years or receives a high school diploma, a general educational development (GED) diploma, a special education diploma, or a certificate of high school completion, or has terminated his or her secondary education and is enrolled in a postsecondary school. Any employer failing to comply with this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed $1,000.00, up to 12 months' imprisonment, or both, for each violation. (2) The State Board of Education shall promulgate rules and regulations to provide for the issuance of a waiver or exemption from the provisions of this subsection to a minor, upon such minor's petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minor's family or if there is clear and convincing evidence that the enforcement of the provisions of this subsection would act as a detriment to the health or welfare of the minor."
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SECTION 2. Said chapter is further amended by revising Code Section 39-2-11.1, relating to employment of minors 14 years of age or older during school vacation months for care of lawns, gardens, and shrubbery, as follows:
"39-2-11.1. Notwithstanding any other provision of this chapter or any rule or regulation of the Commissioner of Labor adopted pursuant to the provisions of Code Section 39-2-2 to the contrary, a minor 14 years of age or over may be employed during the months of vacation from school in the care and maintenance of lawns, gardens, and shrubbery owned or leased by the employer of such minor, including the operation of equipment in connection therewith, provided that the minor is covered by an accident and sickness insurance plan or a workers' compensation insurance policy or plan provided by the employer; that, the minor presents the employer with the employment certificate required by Code Section 39-2-11,; and that the minor is permitted by the employer to care for and maintain only those lawns, gardens, and shrubbery owned or leased by the employer. The work authorized by this Code section includes the care and maintenance of lawns, gardens, and shrubbery on the grounds of mills or factories described in Code Section 39-2-1 and on the grounds of any other factory, mill, or business where employment of the minor within the factory, mill, or business might be prohibited by this chapter or by rules and regulations of the Commissioner of Labor."
SECTION 3. Said chapter is further amended by revising subsection (b) of Code Section 39-2-12, relating to the contents of employment certificates, the furnishing of blank forms of employment certificates and identification cards, and the filing of duplicate copies, as follows:
"(b) Blank forms of employment certificates and identification cards shall be furnished made available by the Commissioner of Labor to the school superintendents of public schools in the respective cities and counties, to principal administrative officers of private schools, and to persons, parents, or guardians providing home study programs."
SECTION 4. Said chapter is further amended by revising Code Section 39-2-14, relating to revocation of employment certificates by the Commissioner of Labor, as follows:
"39-2-14. The Commissioner of Labor may at any time revoke any employment certificate if in his or her judgment the employment certificate was improperly issued. The Commissioner shall be authorized to investigate the true age of any minor employed, hear evidence, and require the production of relevant books or documents. If the employment certificate of a minor is revoked, the employer of the minor at the time of the revocation shall be notified and the minor shall not be employed or permitted to work thereafter until a new and valid employment certificate shall have been obtained."
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SECTION 5.
Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required, is amended in subsection (a) by striking "or" at the end of paragraph (47), by replacing the period at the end of paragraph (48) with "; or", and by adding a new paragraph to read as follows:
"(49) Data, records, or information acquired by the Commissioner of Labor or the Department of Labor as part of any investigation required pursuant to Code Section 39-2-18, relating to minors employed as actors or performers."
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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse E Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden E Mabra Y Marin Y Martin
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley E Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C
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Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Gordon Y Gravley Y Greene Y Hamilton
E Maxwell Y Mayo E McCall Y McClain
Y Setzler Y Sharper Y Shaw Y Sims
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 200. By Representatives Parsons of the 44th, Kaiser of the 59th and Rice of the 95th:
A BILL to be entitled an Act to amend Code Section 48-7-40.16 of the Official Code of Georgia Annotated, relating to an income tax credit for lowemission vehicles, so as to change the amount of the credit for electric vehicle chargers; 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 48-7-40.16 of the Official Code of Georgia Annotated, relating to an income tax credit for low-emission vehicles, so as to change the amount of the credit for electric vehicle chargers and compressed natural gas fueling appliances; 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 48-7-40.16 of the Official Code of Georgia Annotated, relating to an income tax credit for low-emission vehicles, is amended by adding a new paragraph to subsection (a) and revising subsections (d) and (e) as follows:
"(2.1) 'Compressed natural gas fueling appliance' means an appliance for fueling natural gas cylinders in motor vehicles that enables a business enterprise to refuel such motor vehicles." "(d) A tax credit is allowed against the tax imposed under this article to any business enterprise or business engaged in the ownership or operation of commercial office, residential, retail, or industrial real property for the purchase or lease of each electric vehicle charger or compressed natural gas fueling appliance that is located in the State of Georgia. The amount of the credit shall be:
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(1) Twenty 10 percent of the cost of the charger or compressed natural gas fueling appliance or $2,500.00, whichever is less, until June 30, 2018; and (2) Ten percent of the cost of the charger or compressed natural gas fueling appliance or $2,500.00, whichever is less, from July 1, 2018, until June 30, 2020. The total amount of income tax credits under this subsection shall not exceed $750,000.00 in any given year, and the total amount of income tax credits allowed to a single taxpayer shall not exceed $150,000.00. (e) The credits granted under this Code section shall be subject to the following conditions and limitations: (1) All claims for any credit provided by subsection (b) of this Code section shall be:
(A) Accompanied by a certification approved by the Environmental Protection Division of the Department of Natural Resources; and (B) Made only by a taxpayer who is the owner of a new clean fueled vehicle, as evidenced by the certificate of title issued for such vehicle; provided, however, that if a new clean fueled vehicle is leased to a taxpayer at retail, the taxpayer who is the lessee shall be entitled to claim the credit; provided, further, that only one taxpayer shall be eligible to claim any credit provided by subsection (b) of this Code section; (2) All claims for any credit provided by subsection (c) of this Code section must be accompanied by a certification issued by the Environmental Protection Division of the Department of Natural Resources; (3) All claims for any credit provided by subsection (d) of this Code section shall be: (A) Accompanied by a certification issued by the seller where the new electric vehicle charger was purchased or leased; and (B) Made only by a taxpayer who is the ultimate purchaser or lessee of a new electric vehicle charger at retail; (4)(A) In order to receive a tax credit under subsection (d) of this Code section, the taxpayer shall electronically notify the department, in a manner specified by the department, of the total amount of credit to be claimed before purchasing a charger or compressed natural gas fueling appliance. The commissioner shall preapprove or deny the requested amount within 15 days after receiving the request from the taxpayer. The taxpayer shall then certify with the Environmental Protection Division of the Department of Natural Resources the installation of the charger or compressed natural gas fueling appliance within 60 days after receiving notice from the department that the requested amount was preapproved. (B) The Environmental Protection Division of the Department of Natural Resources shall report to the department all taxpayers which have certified the installation of a charger or compressed natural gas fueling appliance and the date which each certification was given. (C) The department shall establish a web based approval process to implement this paragraph; (4)(5) Any credit claimed under this Code section but not used in any taxable year may be carried forward for five years from the close of the taxable year in which a new clean fueled vehicle was purchased or leased or a conventionally fueled vehicle
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was changed into a converted vehicle, provided that the applicable certification required in paragraph (1) or (2) of this subsection accompanies any such claim; (5)(6) In no event shall the amount of any tax credit provided in this Code section exceed the taxpayer's income tax liability; and (6)(7) Tax credits authorized in this Code section shall be granted to a taxpayer who purchased or leased and placed in service in Georgia a new low-emission vehicle or zero emission vehicle, which also is a low-speed vehicle, but only if such low-speed vehicle was placed in service during the taxable year ending December 31, 2001. For purposes of this paragraph, the term 'low-speed vehicle' means a low-speed vehicle as defined in paragraph (25.1) of Code Section 40-1-1. Any claim for such credit must be accompanied by a manufacturer's statement of origin issued to a dealer registered in Georgia which certifies that the low-speed vehicle was manufactured in compliance with those federal motor vehicle safety standards set forth in 49 C.F.R. Section 571.500 and in effect on January 1, 2001, as well as any other documentation deemed necessary by the commissioner to establish the date that delivery was made and such vehicle was placed in service. A taxpayer shall only be eligible to claim such credit with respect to a single low-speed vehicle."
SECTION 2. This Act shall become effective on July 1, 2015.
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 N Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick
Y Coomer Y Cooper Y Corbett 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 Y Duncan Y Ealum
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson E Jacobs Y Jasperse E Jones, J
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince
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 N Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T
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N Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cantrell Y Carson Y Carter N Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Jones, J.B. E Jones, L Y Jones, S E Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden E Mabra Y Marin Y Martin E Maxwell Y Mayo E McCall Y McClain
Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
N Teasley E Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson N Welch
Weldon Y Werkheiser 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 368. By Representatives Strickland of the 111th, Hamilton of the 24th, Bryant of the 162nd, Pruett of the 149th, Broadrick of the 4th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings relative to the standards and requirements for construction, alteration, and other matters, so as to repeal and reserve Part 5 of said article, relating to glass installations; 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 E Beasley-Teague Y Bell
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish
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
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Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse E Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden E Mabra Y Marin Y Martin E Maxwell Y Mayo E McCall Y McClain
Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey
Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley E Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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.
Representative Nimmer of the 178th moved that the following Bill of the House be withdrawn from the Committee on Public Safety & Homeland Security and recommitted to the Committee on Retirement:
HB 421. By Representatives Nimmer of the 178th, Coomer of the 14th, Dickey of the 140th and Rogers of the 10th:
A BILL to be entitled an Act to amend Code Section 47-2-221 of the Official Code of Georgia Annotated, relating to disability allowances payable to personnel for certain disabilities arising in the line of duty, so as to provide that community supervision officers employed by the Department of Community Supervision shall be entitled to certain disability benefits; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
The motion prevailed.
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The following Resolutions of the House were read and adopted:
HR 592. By Representatives Randall of the 142nd, Epps of the 144th, Beverly of the 143rd, Peake of the 141st and Dickey of the 140th:
A RESOLUTION commending Leadership Macon; and for other purposes.
HR 593. By Representatives Randall of the 142nd, Epps of the 144th, Beverly of the 143rd, Dickey of the 140th and Peake of the 141st:
A RESOLUTION commending Leadership Macon and co-founder Bob Hatcher; and for other purposes.
HR 594. By Representatives Dollar of the 45th, Geisinger of the 48th and Kidd of the 145th:
A RESOLUTION recognizing March 9, 2015, as Hemophilia of Georgia Day at the state capitol; and for other purposes.
HR 595. 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 Reverend James Calvin Harris, Sr., on the grand occasion of his retirement; and for other purposes.
HR 596. By Representatives Randall of the 142nd, Epps of the 144th, Beverly of the 143rd, Dickey of the 140th and Peake of the 141st:
A RESOLUTION commending Leadership Macon and co-founder Charles Jay; and for other purposes.
HR 597. By Representatives Glanton of the 75th, Smyre of the 135th, Abrams of the 89th, Dawkins-Haigler of the 91st, Stovall of the 74th and others:
A RESOLUTION recognizing March 25, 2015, as Caribbean-American Heritage Day at the state capitol; and for other purposes
HR 598. By Representatives Gordon of the 163rd, Stephens of the 165th, Williams of the 168th, Stephens of the 164th, Petrea of the 166th and others:
A RESOLUTION honoring the life and memory of Pastor Gregory A. Tyson, Sr.; and for other purposes.
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The following report of the Committee on Rules was read and adopted:
HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, MARCH 5, 2015
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
None
Modified Structured Rule
Pursuant to House Rule 33.3, debate shall be limited to no more than one hour on HB 170. Time to be allocated at the discretion of the Speaker.
HB 170 Transportation Funding Act of 2015; enact (Substitute) (Trans-Roberts-155th) (Rules Committee Substitute LC 34 4595S) (AM 34 0688) (AM 34 0689)
Structured Rule
None
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
Representative O'Neal of the 146th moved that amendment AM 34 0676 to the Committee Substitute to HB 170, LC 34 4586S, be withdrawn.
The motion prevailed.
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Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 170. By Representatives Roberts of the 155th, Burns of the 159th, Hamilton of the 24th, England of the 116th, Hatchett of the 150th and others:
A BILL to be entitled an Act to amend various provisions of the O.C.G.A., so as to provide for additional revenue necessary for funding transportation purposes in this state; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic; to amend Chapter 12 of Title 45 of the O.C.G.A., relating to the Governor, so as to limit the Governor's power to suspend the collection of certain motor fuel taxes and require ratification by the General Assembly; to amend Title 48 of the O.C.G.A., relating to revenue and taxation; to amend Part 3 of Article 2 of Chapter 10 of Title 32 of the O.C.G.A., the "Georgia Transportation Infrastructure Bank Act," so as to provide new criteria for determination of eligible projects by the Transportation Infrastructure Bank; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and withdrawn:
A BILL TO BE ENTITLED AN ACT
To amend various provisions of the Official Code of Georgia Annotated so as to provide for additional revenue necessary for funding transportation purposes in this state; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to define education transportation purposes; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to levy a registration fee on alternative fueled vehicles; to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to limit the Governor's power to suspend the collection of certain motor fuel taxes and require ratification by the General Assembly; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to reduce the state income tax credits for low-emission vehicles to zero; to provide for the elimination of sales and use taxes with respect to certain sales of motor fuels; to revise the exemption from sales and use taxes for jet fuel; to provide for revised definitions of certain terms relating to prepaid motor fuel taxes; to provide for an increase in the local cap on taxation; to change the rate and method of computation of the excise tax on motor fuels; to repeal the second motor fuel tax; to provide for editorial revision; to prohibit the levy of certain local sales and use taxes on motor fuel; to provide for the use of proceeds from the special purpose local option sales tax for transportation purposes; to define transportation purposes; to provide for the use of proceeds from the education special purpose local option sales tax for
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education transportation purposes; to define education transportation purposes; to amend Part 3 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, the "Georgia Transportation Infrastructure Bank Act," so as to provide revised criteria for determination of eligible projects by the Transportation Infrastructure Bank; to provide for a short title; 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 SECTION 1-1.
This Act shall be known and may be cited as the "Transportation Funding Act of 2015."
SECTION 1-2. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising Code Section 20-2-411, relating to the use of school funds, as follows:
"20-2-411. (a) When the public school fund shall be received and receipted for, it shall be the duty of the officers authorized by law to receive such fund and keep it separate and distinct from other funds. The school funds shall be used for educational purposes and may be used to pay the salaries of personnel and to pay for the utilization of school facilities, including school buses, for extracurricular and interscholastic activities, including literary events, music and athletic programs within individual schools and between schools in the same or in different school systems when such activities are sponsored by local boards of education as an integral part of the total school program, and for no other purpose. When taxes are paid into the state treasury, the comptroller general shall in no case receipt a tax collector for them until that part of the tax so paid in which was raised for school purposes is separated in amount from the gross amount paid in. It shall be lawful to invest school funds in securities of the states, United States, or municipalities of this state or in certificates of deposit.
(b)(1) In addition to the proper uses of school funds contained in subsection (a) of this Code section, it is the intention of the General Assembly, pursuant to the authority granted by Article VIII, Section VI, Paragraph IV of the Constitution of Georgia, to further define and implement by general law that education transportation purposes shall constitute a proper expenditure of school funds derived from proceeds from the levy of a sales tax for educational purposes. (2) As used in this subsection, the term 'education transportation purposes' means, for purposes of proceeds of a tax levied pursuant to Part 2 of Article 3 of Chapter 8 of Title 48, which proceeds are attributable to the sale of motor fuel as prepaid local tax as such term is defined in Code Section 48-8-2, pursuant to the authority granted to the General Assembly by Article VIII, Section VI, Paragraph IV of the Constitution
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of Georgia, transportation necessary to move students to and from educational facilities in this state and all accompanying infrastructure and support necessary to provide safe and efficient access to and egress from these educational facilities."
PART II SECTION 2-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising paragraph (7) of subsection (l) of Code Section 40-2-86.1, relating to certain special license plates, as follows:
"(7)(A) A special license plate to be issued for alternative fueled vehicles, which license plate shall be similar in design to the license plate issued to all other residents of the this state except that the commissioner shall place a distinctive logo or emblem on the license plate which shall distinguish the vehicle as an alternative fueled vehicle eligible to travel in travel lanes designated for such vehicles under paragraph (4) of subsection (a) of Code Section 32-9-4. The words 'alternative fueled vehicle' shall be imprinted on such special license plate in lieu of the county name decal. The funds raised by the sale of this license plate shall be deposited in the general fund. (B) As used in this paragraph, the term:
(i) 'Alternative fuel' means methanol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more or such other percentage, but not less than 70 percent, as determined by the United States secretary of energy, by rule as it existed on January 1, 1997, to provide for requirements relating to cold start, safety, or vehicle functions, by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal derived liquid fuels; fuels other than alcohol derived from biological materials; electricity including electricity from solar energy; and any other fuel the United States secretary of energy determined by rule as it existed on January 1, 1997, is substantially not petroleum and would yield substantial energy security benefits and substantial environmental benefits electricity, natural gas, and propane. (ii) 'Alternative fueled vehicle' means: (I) Any any vehicle fueled solely by alternative fuel as defined in division (i) of this subparagraph, bi-fuel, or dual fuel; or
(II) A hybrid vehicle, which means a motor vehicle which draws propulsion energy from onboard sources of stored energy which include an internal combustion or heat engine using combustible fuel and a rechargeable energy storage system; and, in the case of a passenger automobile or light truck, means for any 2000 and later model, a vehicle which has received a certificate of conformity under the Clean Air Act, 42 U.S.C. Section 7401, et seq., and meets or exceeds the equivalent qualifying California low-emission vehicle standard under Section 243(e)(2) of the Clean Air Act, 42 U.S.C. Section 7583(c)(2), for
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that make and model year or, for any 2004 and later model, a vehicle which has received a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the administrator of the Environmental Protection Agency under Section 202(i) of the Clean Air Act, 42 U.S.C. Section 7521(i), for that make and model year vehicle and which achieves a composite label fuel economy greater than or equal to 1.5 times the Model Year 2002 EPA composite class average for the same vehicle class and which is made by a manufacturer. (C) Pursuant to paragraph (19) of subsection (a) of Code Section 40-2-151, the applicant for a special license plate for any alternative fueled vehicle shall provide proof that he or she has paid the registration fee prescribed therein prior to the issuance of any special license plate under this paragraph."
SECTION 2-2. Said title is further amended by adding a new paragraph to subsection (a) of Code Section 40-2-151, relating to the annual license fees for the operation of vehicles, to read as follows:
"(19)(A)(i) Upon registration of an alternative fueled vehicle not operated for commercial purposes ................................................................ 200.00
(ii) Upon registration of an alternative fueled vehicle operated for commercial purposes ....................................................................................... 300.00 (B)(i) As used in this paragraph, the term 'alternative fueled vehicle' shall have the same meaning as in division (l)(7)(B)(ii) of Code Section 40-2-86.1; provided, however, that the fees in this paragraph shall not be assessed on vehicles which operate primarily on compressed natural gas, liquefied natural gas, or liquefied petroleum gas. (ii) The fees in this paragraph shall be in addition to any other fee imposed on the vehicle by this Code section. (iii) The fees in this paragraph shall be automatically adjusted on an annual basis by multiplying the percentage of increase or decrease in a given year in highway construction costs as measured by the National Highway Construction Cost Index published by the Office of Highway Policy Information of the Federal Highway Administration by the current fee. The resulting calculation shall be added to the fees assessed by this paragraph. The first adjustment shall be calculated and implemented on July 1, 2016."
PART III SECTION 3-1.
Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, is amended by revising Code Section 45-12-22, relating to the Governor's authority to suspend the collection of taxes, as follows:
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"45-12-22. (a) Except as provided in subsection (b) of this Code section, the The Governor may suspend the collection of taxes, or any part thereof, due the state until the meeting of the next General Assembly but no longer; but he or she shall not otherwise interfere with the collection of taxes. (b) Unless there has been a state of emergency declaration by the Governor, the Governor shall not suspend or modify in any manner the collection of any rate of state motor fuel under Code Section 48-9-3 as it applies to sales of motor fuel and aviation gasoline as such terms are defined in Code Section 48-9-2. Any suspension or modification of any rate of state motor fuel taxes under this subsection by the Governor shall be effective only until the next meeting of the General Assembly which must ratify such suspension or modification by a two-thirds' vote of both chambers. In the event the General Assembly fails to ratify the Governor's actions, state motor fuel taxes under this subsection shall be collected at the rate specified absent such suspension or modification and any amounts unpaid due to such suspension or modification shall be collected using such rate."
PART IV SECTION 4-1.
Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising subsection (b) of Code Section 48-7-40.16, relating to state income tax credits for low-emission vehicles, as follows:
"(b)(1) A tax credit is allowed against the tax imposed under this article to a taxpayer for the purchase or lease of a new low-emission vehicle or new zero emission vehicle that is registered in the State of Georgia. The amount of the credit shall be:
(1)(A) For any new low-emission vehicle, 10 percent of the cost of such vehicle or $2,500.00, whichever is less; and (2)(B) For any new zero emission vehicle, 20 percent of the cost of such vehicle or $5,000.00, whichever is less. (2) For any new low-emission vehicle or new zero emission vehicle purchased or leased on or after July 1, 2015, the amount of the credit shall be $0.00."
SECTION 4-2. Said title is further amended by revising paragraphs (23) and (24) of Code Section 48-82, relating to definitions regarding state sales and use taxes, as follows:
"(23) 'Prepaid local tax' means any local sales and use tax which is levied on the sale or use of motor fuel and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, known as the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; or by or pursuant to Article 2, 2A, 3, or 4 of this chapter. Such tax is based on the same average retail
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sales price as set forth in subparagraph (b)(2)(B) of Code Section 48-9-14 as compiled by the Energy Information Agency of the United States Department of Energy, the Oil Pricing Information Service, or a similar reliable published index less taxes imposed under Code Section 48-9-3 and all local sales and use or excise taxes levied on motor fuel. Such price shall be used to compute the prepaid sales tax rate for local jurisdictions by multiplying such retail price by the applicable rate imposed by the jurisdiction. The person collecting and reporting the prepaid local tax for the local jurisdiction shall provide a schedule as to which jurisdiction these collections relate. This determination shall be based upon the shipping papers of the conveyance that delivered the motor fuel to the dealer or consumer in the local jurisdiction. A seller may rely upon the representation made by the purchaser as to which jurisdiction the shipment is bound and prepare shipping papers in accordance with those instructions. (24) 'Prepaid state tax' means the tax levied under Code Section 48-8-30 in conjunction with Code Section 48-8-3.1 and Code Section 48-9-14 on the retail sale of motor fuels for highway use and collected prior to that retail sale. This tax is based upon the average retail sales price as set forth in Code Section 48-9-14 Reserved."
SECTION 4-2A. Said title is further amended by revising paragraph (33.1) of Code Section 48-8-3, relating to exemptions from state sales and use taxes, as follows:
"(33.1)(A) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport, to the extent provided in subparagraphs (B) and (C) of this paragraph.
(B)(i) For the period of time beginning July 1, 2011, and ending June 30, 2012, the sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall be exempt from state sales and use tax until the aggregate state sales and use tax liability of the taxpayer during such period with respect to jet fuel exceeds $20 million, computed as if the exemption provided in this division was not in effect during such period. Thereafter during such period, the exemption provided by this division shall not apply to the sale or use of jet fuel to or by the qualifying airline. For purposes of this division, the terms 'qualifying airline' and 'qualifying airport' shall have the same meanings as those terms were defined under the prior provisions of this paragraph as it existed immediately prior to July 1, 2012. (ii) For the period of time beginning July 1, 2012, and ending on June 30, 2015, the sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall be exempt from 1 percent of the 4 percent state sales and use tax. (C) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall be exempt at all times from the sales or use tax levied and imposed as authorized pursuant to Part 1 of Article 3 of this chapter. As used in this subparagraph, the term 'qualifying airport' means any airport in this state that has had more than 750,000 takeoffs and landings during a calendar year, and the term 'qualifying airline' shall have the same meaning as set forth in subparagraph (E) of this paragraph.
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(D) Except as provided for in subparagraph (C) of this paragraph, this exemption shall not apply to any other local sales and use tax levied or imposed at any time in any area consisting of less than the entire state, however authorized, not to exceed the rate at which such taxes were levied as of January 1, 2014, including, but not limited to, such taxes authorized by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' or such taxes as authorized by or pursuant to Part 2 of Article 3 or Article 2, 2A, or 4 of this chapter. (E) For purposes of division (ii) of subparagraph (B) of this paragraph and paragraph (2) of subsection (d) of Code Section 48-8-241, a 'qualifying airline' shall mean any person which is authorized by the Federal Aviation Administration or appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. (F) For purposes of division (ii) of subparagraph (B) of this paragraph and paragraph (2) of subsection (d) of Code Section 48-8-241, the term 'qualifying airport' means a certificated air carrier airport in Georgia. (G) No sales and use taxes realized pursuant to the provisions of this paragraph shall be used for a purpose that would result in the loss of any federal funding. (G)(H) The commissioner shall adopt rules and regulations to carry out the provisions of this paragraph;"
SECTION 4-3. Said title is further amended by revising subsections (a) and (b) of Code Section 48-8-3.1, relating to sales tax exemptions as applied to motor fuels, as follows:
"(a) Except as provided in subsection (b) of this Code section, sales of motor fuels as defined in paragraph (9) of Code Section 48-9-2 shall be exempt from the first 3 percent of the state sales and use taxes levied or imposed by this article and shall be subject to the remaining 1 percent of the sales and use taxes levied or imposed by this article. (b) Sales of motor fuel, other than gasoline, which motor fuel other than gasoline is purchased for purposes other than propelling motor vehicles on public highways as defined in Article 1 of Chapter 9 of this title shall be fully subject to the 4 percent state sales and use taxes levied or imposed by this article unless otherwise specifically exempted by this article."
SECTION 4-4. Said title is further amended by revising the introductory language of subsection (a) of Code Section 48-8-6, relating to the ceiling on local sales and use taxes, as follows:
"(a) There shall not be imposed in any jurisdiction in this state or on any transaction in this state local sales taxes, local use taxes, or local sales and use taxes in excess of 2 2.5 percent. For purposes of this prohibition, the taxes affected are any sales tax, use tax, or sales and use tax which is levied in an area consisting of less than the entire state,
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however authorized, including such taxes authorized by or pursuant to constitutional amendment, except that the following taxes shall not count toward or be subject to such 2 2.5 percent limitation:"
SECTION 4-5. Said title is further amended by revising subsection (k) of Code Section 48-8-30, relating to the imposition, rate, and collection of state sales tax, as follows:
"(k) The prepaid local tax shall be imposed at the time tax is imposed under subparagraph (b)(2)(B) of Code Section 48-9-14 under Code Section 48-9-3."
SECTION 4-6. Said title is further amended by revising paragraph (2) of subsection (b) of Code Section 48-8-49, relating to dealers' returns as gross proceeds of sales and purchases, as follows:
"(2) If the tax liability of a dealer in the preceding calendar year was greater than $60,000.00 excluding local sales taxes, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection shall not apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14."
SECTION 4-7. Said title is further amended by revising paragraphs (2), (3), and (4) of subsection (b) of Code Section 48-8-50, relating to compensation of dealers for reporting and paying tax, as follows:
"(2) With respect to each certificate of registration number on such return, a deduction of one-half of 1 percent of that portion exceeding $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location other than the taxes specified in paragraph (3) of this subsection; and (3) With respect to each certificate of registration number on such return, a deduction of 3 percent of the combined total amount due of all sales and use taxes on motor fuel as defined under paragraph (9) of Code Section 48-9-2, which are imposed under any provision of this title, including, but not limited to, sales and use taxes on motor fuel imposed under any of the provisions described in subsection (f) of this Code section. but not including Code Section 48-9-14; and (4) A deduction with respect to Code Section 48-9-14, as defined in Code Section 488-2, shall be at the rate of one-half of 1 percent of the total amount due of the prepaid state tax reported due on such return, so long as the return and payment are timely, regardless of the classification of tax return upon which the remittance is made."
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SECTION 4-8. Said title is further amended by revising Code Section 48-8-82, relating to authorization of counties and municipalities to impose a joint sales and use tax, as follows:
"48-8-82. (a) When the imposition of a joint county and municipal sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district and each qualified municipality located wholly or partially within the special district shall levy a joint sales and use tax at the rate of 1 percent. Except as to rate, the joint tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the tax levied pursuant to this article, except that the joint tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined in Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3. (b) The joint sales and use tax provided for in this article in a special district shall be applicable to sales of motor fuels as prepaid local tax as such term is defined in Code Section 48-8-2 through June 30, 2016. On or after July 1, 2016, such joint sales and use tax shall not be applicable to sales of motor fuels as defined in Code Section 48-92. (c) On or after July 1, 2016, such joint sales and use tax shall be levied at the rate of 1.25 percent."
SECTION 4-9. Said title is further amended by adding a new subsection to Code Section 48-8-96, relating to taxation of property in consolidated governments, to read as follows:
"(j) Any consolidated government which, pursuant to the provisions of this Code section, is levying a tax under this article at the rate of 2 percent shall levy such tax at 2.5 percent on or after July 1, 2016."
SECTION 4-10. Said title is further amended by revising subsection (b) of Code Section 48-8-102, relating to the creation of special districts and use of proceeds of the homestead option sales and use tax, as follows:
"(b)(1) When the imposition of a local sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district shall levy a local sales and use tax at the rate of 1 percent. Except as to rate, the local sales and use tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the sales and use tax levied pursuant to this article, except that the sales and use tax provided in this article shall be applicable to sales of motor
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fuels as prepaid local tax as that term is defined in Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3. (2) The sales and use tax provided for in this article in a special district shall be applicable to sales of motor fuels as prepaid local tax as such term is defined in Code Section 48-8-2 through June 30, 2016. On or after July 1, 2016, such sales and use tax shall not be applicable to sales of motor fuels as defined in Code Section 48-9-2. (3) On or after July 1, 2016, such sales and use tax shall be levied at the rate of 1.25 percent."
SECTION 4-11. Said title is further amended by adding a new paragraph to Code Section 48-8-110, relating to definitions regarding the county special purpose local option sales tax, to read as follows:
"(5)(A) 'Transportation purposes' means and includes roads, bridges, public transit, rails, airports, buses, seaports, including without limitation road, street, and bridge purposes pursuant to paragraph (1) of subsection (b) of Code Section 48-8-121, and all accompanying infrastructure and services necessary to provide access to these transportation facilities, including general obligation debt and other multiyear obligations issued to finance such purposes. (B) 'Education transportation purposes' means, for purposes of proceeds of a tax levied pursuant to Part 2 of this article, which proceeds are attributable to the sale of motor fuel as prepaid local tax as such term is defined in Code Section 48-8-2, pursuant to the authority granted to the General Assembly by Article VIII, Section VI, Paragraph IV of the Constitution of Georgia, transportation necessary to move students to and from educational facilities in this state and all accompanying infrastructure and support necessary to provide safe and efficient access to and egress from these educational facilities."
SECTION 4-12. Said title is further amended by revising subsection (c) of and by adding a new subsection to Code Section 48-8-110.1, relating to the authorization for a county special purpose local option sales tax, to read as follows:
"(c) Any tax imposed under this part shall be at the rate of 1 percent. Except as to rate, a tax imposed under this part shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this part, except that a tax imposed under this part shall apply to sales of motor fuels as prepaid local tax as that term is defined in Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages as provided for in Code Section 48-8-3. (d) On or after July 1, 2015, following the expiration in a special district of the authorization for the levy of the tax authorized in this part, any renewal or continuation of a levy of the tax authorized in this part shall include a provision authorizing the
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expenditure for transportation purposes of at least the amount collected, as determined by an average of the previous three calendar years, on the sales of motor fuels as prepaid local tax as such term is defined in Code Section 48-8-2 in the special district. Such provision shall be included in the referendum required by this part and list the specific transportation purposes to be authorized as required under this part."
SECTION 4-13. Said title is further amended by revising subparagraph (a)(1)(A) of Code Section 48-8111, relating to the procedure for the implementation of the county special purpose local option sales tax, as follows:
"(A) A capital outlay project consisting of road, street, and bridge purposes, which purposes may include sidewalks and bicycle paths transportation purposes;"
SECTION 4-14. Said title is further amended by revising Code Section 48-8-143, relating to distribution of the sales tax for educational purposes, as follows:
"48-8-143. (a) The net proceeds of the sales tax for educational purposes shall be distributed in the manner provided under Article VIII, Section VI, Paragraph IV(g) of the Constitution unless another distribution formula is provided for by the enactment of a local Act. Any such local Act providing for an alternate distribution formula shall not be amended during the time period for which the tax was imposed.
(b)(1) It is the intention of the General Assembly, pursuant to the authority granted by Article VIII, Section VI, Paragraph IV of the Constitution of Georgia, to further define and implement by general law that education transportation purposes shall constitute a proper expenditure of proceeds from the levy of a sales tax for educational purposes. (2) As used in this subsection, the term 'education transportation purposes' means, for purposes of a tax levied pursuant to this part which proceeds are attributable to the sale of motor fuel as prepaid local tax as such term is defined in Code Section 48-8-2, pursuant to the authority granted to the General Assembly by Article VIII, Section VI, Paragraph IV of the Constitution of Georgia, transportation necessary to move students to and from educational facilities in this state and all accompanying infrastructure and support necessary to provide safe and efficient access to and egress from these educational facilities."
SECTION 4-15. Said title is further amended by revising subsection (c) of and adding a new subsection to Code Section 48-8-201, relating to the intergovernmental agreement for the distribution of tax proceeds from the water and sewer projects sales tax, as follows:
"(c) In the event a tax imposed under this article is imposed only by the municipality:
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(1) No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to:
(A) Sales of motor fuels as prepaid local tax as that term is defined in Code Section 48-8-2 until the expiration of the current authorization for the tax in such municipality. On or after the date immediately following such expiration, such tax shall not be applicable to sales of motor fuels as defined in Code Section 48-9-2; (B) The sale of food and food ingredients and alcoholic beverages as provided for in Code Section 48-8-3; (C) The sale of natural or artificial gas used directly in the production of electricity which is subsequently sold, notwithstanding paragraph (70) of Code Section 48-8-3; and (D) The furnishing for value to the public of any room or rooms, lodgings, or accommodations which is subject to taxation under Article 3 of Chapter 13 of this title; and (2) A tax imposed under this article shall not apply to the sale of motor vehicles." "(e) After the expiration of the current authorization for any tax imposed under this article, any reauthorization for the levy of a tax imposed under this article shall be at the rate of 1.25 percent."
SECTION 4-16. Said title is further amended by revising Code Section 48-9-3, relating to an excise tax on motor fuel, as follows:
"48-9-3. (a)(1) An excise tax is imposed at the rate of 7 1/2 29.2 per gallon on distributors who sell or use motor fuel, other than diesel fuel, within this state. An excise tax is imposed at the rate of 33 per gallon on distributors who sell or use diesel fuel within this state. It is the intention of the General Assembly that the legal incidence of the tax be imposed upon the distributor. (1.1)(A) Beginning on July 1, 2016, and annually thereafter, the amount of this excise tax per gallon on distributors shall be automatically adjusted on an annual basis in accordance with this paragraph. (B) Using 2014 as a base year, the department shall determine the average miles per gallon of all new vehicles registered in this state pursuant to Code Section 48-5C-1 using the average of combined miles per gallon published in the United States Department of Energy Fuel Economy Guide. Beginning on July 1, 2016, and each year thereafter, the department shall calculate the average miles per gallon of all new vehicles registered in this state in the previous year. The excise tax rate shall be multiplied by the percentage increase or decrease in fuel efficiency from the previous year, and the resulting increase or decrease shall be added to the excise tax rate to determine the preliminary excise tax rate. (C) Once the preliminary excise tax rate is established, it shall be multiplied by the annual percentage of increase or decrease in highway construction costs as
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measured by the National Highway Construction Cost Index published by the Office of Highway Policy Information of the Federal Highway Administration. The resulting calculation shall be added to the preliminary excise tax rate, and the result of such calculation shall be the new excise tax rate for motor fuels for the next calendar year. (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 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 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. (b) No tax is imposed by this article upon or with respect to the following sales by duly licensed distributors: (1) Bulk sales to a duly licensed distributor; (2) Sales of motor fuel for export from this state when exempted by any provisions of the Constitutions of the United States or this state; (3) Sales of motor fuel to a licensed distributor for export from this state; (4) Sales of motor fuel to the United States for the exclusive use of the United States when the motor fuel is purchased and paid for by the United States;
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(5) Sales of aviation gasoline to a duly licensed aviation gasoline dealer, except for 1 per gallon of the tax imposed by paragraph (1) of subsection (a) of this Code section and all of the tax imposed by Code Section 48-9-14; (6) Bulk sales of compressed petroleum gas or special fuel to a duly licensed consumer distributor;
(7)(A) Sales of compressed petroleum gas or special fuel to a consumer who has no highway use of the fuel at the time of the sale and does not resell the fuel. Consumers of compressed petroleum gas or special fuel who have both highway and nonhighway use of the fuel and resellers of such fuel must be licensed as distributors in order for sales of the fuel to be tax exempt. Each type of motor fuel is to be considered separately under this exemption.
(B)(i) In instances where a sale of compressed petroleum gas has been made to an ultimate consumer who has both highway and nonhighway use of that type of motor fuel and no tax has been paid by the distributor on the sale, the consumer shall become licensed as a consumer distributor of that type of motor fuel. After the consumer is licensed as a consumer distributor and if it is demonstrated to the satisfaction of the commissioner that the motor fuel purchased prior to the licensee's becoming licensed as a consumer distributor was used for nonhighway purposes, such sales shall be exempt from the tax imposed by this article; provided, however, that, if at the time of demonstration the ultimate consumer does not have both highway and nonhighway use of such fuel but it can be demonstrated by the distributor to the satisfaction of the commissioner that the motor fuel was used for nonhighway purposes, the sales shall be exempt from the tax imposed by this article; and
(ii)(I) Any special fuel sold by a distributor to a purchaser who has a storage receptacle which has a connection to a withdrawal outlet that may be used for highway use, as defined in paragraph (8) of Code Section 48-9-2, is not exempt from the motor fuel and road taxes imposed by this article unless: (1) the purchaser is at the time of sale a valid licensed distributor of that type of motor fuel, or (2) an exemption certificate has been obtained from the purchaser on forms furnished by the Department of Revenue showing that the purchaser has no highway use of such fuels and is not a reseller of such fuels. Each exemption certificate shall be valid for a period of not more than three years and shall be kept by the distributor as one of the records specified in Code Section 48-9-8. It shall be the responsibility of the purchaser to notify the distributor when the purchaser is no longer qualified for the nonhighway exemption. All applicable taxes must be charged the purchaser until the purchaser is granted a valid distributor's license for that type of motor fuel. (II) Any such purchaser granted an exemption under subdivision (I) of this division who falsely claims the exemption or fails to rescind the purchaser's exemption certificate to the distributor in writing when he or she is no longer eligible for the exemption shall be deemed a distributor for purposes of taxation and is subject to all provisions of this article relating to distributors. This division in no way shall restrict
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the option of the purchaser to become licensed as a distributor. If the distributor sells special fuel to a purchaser who has a storage receptacle which has a connection to a withdrawal outlet that may be used for highway use, as defined in paragraph (8) of Code Section 48-9-2, and the purchaser is not a valid licensed distributor and has not executed a valid signed exemption certificate, the taxes imposed by this article are due from the distributor and not the purchaser on all sales of that type of fuel to that purchaser; (8) Sales of fuel oils, compressed petroleum gas, or special fuel directly to an ultimate consumer to be used for heating purposes only. The delivery of fuel oils, compressed petroleum gas, or special fuel directly to an ultimate consumer to be used for heating purposes only shall be made directly into the storage receptacle of the heating unit of the consumer by the licensed distributor. To qualify for this exemption, sales must be delivered into storage receptacles that are not equipped with any secondary withdrawal outlets for the motor fuel; (9) Sales of dyed fuel oils to a consumer for other than highway use as defined in paragraph (8) of Code Section 48-9-2;
(10)(A) During the period of July 1, 2012, through June 30, 2015, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for public mass transit vehicles which are owned by public transportation systems which receive or are eligible to receive funds pursuant to 49 U.S.C. Sections 5307 and 5311 for which passenger fares are routinely charged and which vehicles are used exclusively for revenue generating purposes which motor fuel sales occur at bulk purchase facilities approved by the department. (B) During the period of July 1, 2012, through June 30, 2015, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for vehicles operated by a public campus transportation system, provided that such system has a policy which provides for free transfer of passengers from the public transportation system operated by the jurisdiction in which the campus is located; makes the general public aware of such free transfer policy; and receives no state or federal funding to assist in the operation of such public campus transportation system and which motor fuel sales occur at bulk purchase facilities approved by the department. (C) For purposes of this paragraph, the term 'vehicle' or 'vehicles' means buses, vans, minibuses, or other vehicles which have the capacity to transport seven or more passengers; or (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. (c) Fuel oils, compressed petroleum gas, or special fuel used by a duly licensed distributor for nonhighway purposes is exempt from the tax imposed by this article. (d) No export from this state shall be recognized as being exempt from tax under paragraphs (2) and (3) of subsection (b) of this Code section unless the exporter informs the seller and the terminal operator of the intention to export and causes to be set out the minimum information specified in subsection (e) of Code Section 48-9-17 on the
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bill of lading or equivalent documentation under which the motor fuel is transported. In the event that the motor fuel is delivered to any point other than that which is set out on the bill of lading or equivalent documentation, the legal incidence of the tax shall continue to be imposed exclusively upon the exporter who caused the export documentation to be issued and no exemption shall be recognized until suitable proof of exportation has been provided to the commissioner."
SECTION 4-17. Said title is further amended by repealing in its entirety Code Section 48-9-14, relating to the second motor fuel tax, and designating said Code section as reserved.
PART V SECTION 5-1.
Said title is further amended by revising paragraphs (3.1), (4.1), and (5.1) of subsection (a) and subparagraph (b)(7)(A) of Code Section 48-13-51, relating to the excise tax on rooms, lodgings, and accommodations, as follows:
"(3.1) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) and the municipalities within a county in which a trade and convention center authority has been created by intergovernmental contract between a county and one or more municipalities located therein, and which trade and convention center authority is in existence on or before March 21, 1988, and which trade and convention center authority has not constructed or operated any facility before March 21, 1988, may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to at least 62 1/2 percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding, supporting, acquiring, constructing, renovating, improving, and equipping buildings, structures, and facilities, including, but not limited to, a trade and convention center, exhibit hall, conference center, performing arts center, accommodations facilities, including food service, or any combination thereof, for convention, trade show, athletic, musical, theatrical, cultural, civic, and performing arts purposes and other events and activities for similar and related purposes, acquiring the necessary property therefor, both real and personal, and funding all expenses incident thereto, and supporting, maintaining, and promoting such facilities owned, operated, or leased by or to the local trade and convention center authority; or (C) for some combination of such purposes; provided, however, that at least 50 percent of the total taxes collected at the rate of 6 percent shall be expended for the purposes specified in subparagraph (B) of this paragraph. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, a
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local building authority created by local constitutional amendment, and a trade and convention center authority created by intergovernmental contract between a county and one or more municipalities located therein, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities. The aggregate amount of all excise taxes imposed under this paragraph and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 13 13.5 percent. Any tax levied pursuant to this paragraph shall terminate not later than December 31, 2029, provided that during any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this paragraph, secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph shall not be diminished or impaired by the state, and no county or municipality levying the tax imposed by this paragraph shall cease to levy the tax in any manner that will impair the interests and rights of the holder of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a building authority created by local constitutional amendment, shall constitute a contract with the holder of such obligation. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph, the term: 'fund' or 'funding' shall include the cost and expense of all things deemed necessary by a building authority created by local constitutional amendment for the construction and operation of a facility or facilities, including, but not limited to, the study, operation, marketing, acquisition, construction, financing, including the payment of principal and interest on any obligation of the building authority created by local constitutional amendment and any obligation of the building authority created by local constitutional amendment to refund any prior obligation of the building authority created by local constitutional amendment, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities, and the repayment of any obligation incurred by an authority in connection therewith; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys and having an initial term of not more than 37 years; and 'facility' or 'facilities' shall mean means any of the buildings, structures, and facilities described in subparagraph (B) of this paragraph and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of such facility used for any purpose or purposes specified in subparagraph (B) of this paragraph by a building authority created by local constitutional amendment." "(4.1) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality within a county in which a coliseum authority has been created by local Act of the General Assembly and which authority is in existence on or before July 1, 1963, for the purpose of owning or operating a facility, may levy a tax under this Code section at a rate of 7 percent. A county or municipality levying a tax pursuant to this
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paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to at least 62 1/2 percent of the total taxes collected at the rate of 7 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding and supporting a facility owned or operated by such coliseum authority; or (C) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, a local coliseum authority, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purpose (B) may be so expended in any otherwise lawful manner without the necessity of a contract. The aggregate amount of all excise taxes imposed under this paragraph and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 12 12.5 percent. Any tax levied pursuant to this paragraph shall terminate not later than December 31, 2028, provided that during any period during which there remains outstanding any obligation which is incurred prior to January 1, 1995, issued to fund a facility as contemplated by this paragraph, and secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph shall not be diminished or impaired by the state, and no county or municipality levying the tax imposed by this paragraph shall cease to levy the tax in any manner that will impair the interest and rights of the holders of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a coliseum and exhibit hall authority, shall constitute a contract with the holder of such obligations. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph, the term: 'fund' and or 'funding' shall include the cost and expense of all things deemed necessary by a local coliseum authority for the construction, renovation, and operation of a facility, including, but not limited to, the study, operation, marketing, acquisition, construction, finance, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities, and the repayment of any obligation incurred by a local coliseum authority in connection therewith; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys incurred prior to January 1, 1995, and having an initial term of not more than 30 years; and 'facility' shall mean means a coliseum or other facility and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of a facility used for convention and trade show purposes or amusement purposes, educational purposes, or a combination thereof and for fairs, expositions, or exhibitions in connection therewith by a local coliseum authority." "(5.1) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) and the municipalities within a county in which a coliseum and exhibit hall authority has been
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created by local Act of the General Assembly for a county and one or more municipalities therein, and which local coliseum and exhibit hall authority is in existence on or before January 1, 1991, and which local coliseum and exhibit hall authority has not constructed or operated any facility before January 1, 1991, may levy a tax under this Code section at a rate of 8 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to at least 62 1/2 percent of the total taxes collected at the rate of 8 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding, supporting, acquiring, constructing, renovating, improving, and equipping buildings, structures, and facilities, including, but not limited to, a coliseum, exhibit hall, conference center, performing arts center, or any combination thereof, for convention, trade show, athletic, musical, theatrical, cultural, civic, and performing arts purposes and other events and activities for similar and related purposes, acquiring the necessary property therefor, both real and personal, and funding all expenses incident thereto, and supporting, maintaining, and promoting such facilities owned, operated, or leased by or to the local coliseum and exhibit hall authority or a downtown development authority; or (C) for some combination of such purposes; provided, however, that at least 50 percent of the total taxes collected at the rate of 8 percent shall be expended for the purposes specified in subparagraph (B) of this paragraph. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, a local coliseum and exhibit hall authority, a downtown development authority, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities, notwithstanding any provision of paragraph (8) of this subsection to the contrary. The aggregate amount of all excise taxes imposed under this paragraph and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 13 13.5 percent; provided, however, that any sales tax for educational purposes which is imposed pursuant to Article VIII, Section VI, Paragraph IV of the Constitution shall not be included in calculating such limitation. Any tax levied pursuant to this paragraph shall terminate not later than December 31, 2028, provided that during any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this paragraph, secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph shall not be diminished or impaired by the state, and no county or municipality levying the tax imposed by this paragraph shall cease to levy the tax in any manner that will impair the interests and rights of the holder of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a local coliseum and exhibit hall authority or a downtown development authority, shall constitute a contract with the holder of such obligation. Notwithstanding any other provision of this Code section
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to the contrary, as used in this paragraph, the term: 'fund' or 'funding' shall include the cost and expense of all things deemed necessary by a local coliseum and exhibit hall authority or a downtown development authority for the construction and operation of a facility or facilities, including, but not limited to, the study, operation, marketing, acquisition, construction, financing, including the payment of principal and interest on any obligation of the local coliseum and exhibit hall authority or the downtown development authority and any obligation of the local coliseum and exhibit hall authority or the downtown development authority to refund any prior obligation of the local coliseum and exhibit hall authority or the downtown development authority, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities, and the repayment of any obligation incurred by an authority in connection therewith; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys and having an initial term of not more than 37 years; 'facility' or 'facilities' shall mean means any of the buildings, structures, and facilities described in subparagraph (B) of this paragraph and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of such facility used for any purpose or purposes specified in subparagraph (B) of this paragraph by a local coliseum and exhibit hall authority or a downtown development authority; and 'downtown development authority' shall mean means a downtown development authority created by local Act of the General Assembly for a municipality pursuant to a local constitutional amendment."
"(7)(A) Any municipality which is levying an excise tax under paragraph (5) of subsection (a) of this Code section, so long as any obligation as described in division (a)(5)(A)(ii) or subparagraph (a)(5)(B) of this Code section remains outstanding, shall leave such excise tax in effect at the rate of 7 percent and may levy up to an additional 1 percent excise tax under this paragraph so long as the combined rate does not exceed 8 8.5 percent."
PART VI SECTION 6-1.
Part 3 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, the "Georgia Transportation Infrastructure Bank Act," is amended by revising subsection (b) of Code Section 32-10-127, relating to loans and other financial assistance and the determination of eligible projects, as follows:
"(b)(1) The board shall determine which projects are eligible projects and then select from among the eligible projects qualified projects. When determining eligibility, the board shall make every effort to balance any loans or other financial assistance among all regions of this state. (2) Preference for loans may be given to eligible projects which have local financial support in tier 1 and tier 2 counties, as defined in Code Section 48-7-40 and by the Department of Community Affairs.
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(3) Preference for grants and other financial assistance may be given to eligible projects which have local financial support."
PART VII SECTION 7-1.
(a) This Act shall become effective on July 1, 2015. (b) Tax, penalty, and interest liabilities and refund eligibility for prior taxable years shall not be affected by the passage of this Act and shall continue to be governed by the provisions of Title 48 of the Official Code of Georgia Annotated as it existed immediately prior to the effective date of this Act.
SECTION 7-2. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read:
A BILL TO BE ENTITLED AN ACT
To amend various provisions of the Official Code of Georgia Annotated so as to provide for additional revenue necessary for funding transportation purposes in this state; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to define education transportation purposes; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to levy a registration fee on alternative fueled vehicles; to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to limit the Governor's power to suspend the collection of certain motor fuel taxes and require ratification by the General Assembly; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to reduce the state income tax credits for low-emission vehicles to zero; to provide for the elimination of sales and use taxes with respect to certain sales of motor fuels; to revise the exemption from sales and use taxes for jet fuel; to provide for revised definitions of certain terms relating to prepaid motor fuel taxes; to provide for an increase in the local cap on taxation; to change the rate and method of computation of the excise tax on motor fuels; to repeal the second motor fuel tax; to provide for editorial revision; to prohibit the levy of certain local sales and use taxes on motor fuel; to provide for the use of proceeds from the special purpose local option sales tax for transportation purposes; to define transportation purposes; to provide for the use of proceeds from the education special purpose local option sales tax for education transportation purposes; to define education transportation purposes; to amend Part 3 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, the "Georgia Transportation Infrastructure Bank Act," so as to provide revised criteria for determination of eligible projects by the Transportation Infrastructure Bank; to provide
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for a short title; 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 SECTION 1-1.
This Act shall be known and may be cited as the "Transportation Funding Act of 2015."
SECTION 1-2. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising Code Section 20-2-411, relating to the use of school funds, as follows:
"20-2-411. (a) When the public school fund shall be received and receipted for, it shall be the duty of the officers authorized by law to receive such fund and keep it separate and distinct from other funds. The school funds shall be used for educational purposes and may be used to pay the salaries of personnel and to pay for the utilization of school facilities, including school buses, for extracurricular and interscholastic activities, including literary events, music and athletic programs within individual schools and between schools in the same or in different school systems when such activities are sponsored by local boards of education as an integral part of the total school program, and for no other purpose. When taxes are paid into the state treasury, the comptroller general shall in no case receipt a tax collector for them until that part of the tax so paid in which was raised for school purposes is separated in amount from the gross amount paid in. It shall be lawful to invest school funds in securities of the states, United States, or municipalities of this state or in certificates of deposit.
(b)(1) In addition to the proper uses of school funds contained in subsection (a) of this Code section, it is the intention of the General Assembly, pursuant to the authority granted by Article VIII, Section VI, Paragraph IV of the Constitution of Georgia, to further define and implement by general law that education transportation purposes shall constitute a proper expenditure of school funds derived from proceeds from the levy of a sales tax for educational purposes. (2) As used in this subsection, the term 'education transportation purposes' means, for purposes of proceeds of a tax levied pursuant to Part 2 of Article 3 of Chapter 8 of Title 48, which proceeds are attributable to the sale of motor fuel as prepaid local tax as such term is defined in Code Section 48-8-2, pursuant to the authority granted to the General Assembly by Article VIII, Section VI, Paragraph IV of the Constitution of Georgia, transportation necessary to move students to and from educational facilities in this state and all accompanying infrastructure and support necessary to provide safe and efficient access to and egress from these educational facilities."
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PART II
SECTION 2-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising paragraph (7) of subsection (l) of Code Section 40-2-86.1, relating to certain special license plates, as follows:
"(7)(A) A special license plate to be issued for alternative fueled vehicles, which license plate shall be similar in design to the license plate issued to all other residents of the this state except that the commissioner shall place a distinctive logo or emblem on the license plate which shall distinguish the vehicle as an alternative fueled vehicle eligible to travel in travel lanes designated for such vehicles under paragraph (4) of subsection (a) of Code Section 32-9-4. The words 'alternative fueled vehicle' shall be imprinted on such special license plate in lieu of the county name decal. The funds raised by the sale of this license plate shall be deposited in the general fund. (B) As used in this paragraph, the term:
(i) 'Alternative fuel' means methanol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more or such other percentage, but not less than 70 percent, as determined by the United States secretary of energy, by rule as it existed on January 1, 1997, to provide for requirements relating to cold start, safety, or vehicle functions, by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal derived liquid fuels; fuels other than alcohol derived from biological materials; electricity including electricity from solar energy; and any other fuel the United States secretary of energy determined by rule as it existed on January 1, 1997, is substantially not petroleum and would yield substantial energy security benefits and substantial environmental benefits electricity, natural gas, and propane. (ii) 'Alternative fueled vehicle' means: (I) Any any vehicle fueled solely by alternative fuel as defined in division (i) of this subparagraph, bi-fuel, or dual fuel; or
(II) A hybrid vehicle, which means a motor vehicle which draws propulsion energy from onboard sources of stored energy which include an internal combustion or heat engine using combustible fuel and a rechargeable energy storage system; and, in the case of a passenger automobile or light truck, means for any 2000 and later model, a vehicle which has received a certificate of conformity under the Clean Air Act, 42 U.S.C. Section 7401, et seq., and meets or exceeds the equivalent qualifying California low-emission vehicle standard under Section 243(e)(2) of the Clean Air Act, 42 U.S.C. Section 7583(c)(2), for that make and model year or, for any 2004 and later model, a vehicle which has received a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the administrator of the Environmental Protection Agency under Section 202(i) of the Clean Air Act, 42
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U.S.C. Section 7521(i), for that make and model year vehicle and which achieves a composite label fuel economy greater than or equal to 1.5 times the Model Year 2002 EPA composite class average for the same vehicle class and which is made by a manufacturer. (C) Pursuant to paragraph (19) of subsection (a) of Code Section 40-2-151, the applicant for a special license plate for any alternative fueled vehicle shall provide proof that he or she has paid the registration fee prescribed therein prior to the issuance of any special license plate under this paragraph."
SECTION 2-2. Said title is further amended by adding a new paragraph to subsection (a) of Code Section 40-2-151, relating to the annual license fees for the operation of vehicles, to read as follows:
"(19)(A)(i) Upon registration of an alternative fueled vehicle not operated for commercial purposes ................................................................ 200.00
(ii) Upon registration of an alternative fueled vehicle operated for commercial purposes ....................................................................................... 300.00 (B)(i) As used in this paragraph, the term 'alternative fueled vehicle' shall have the same meaning as in division (l)(7)(B)(ii) of Code Section 40-2-86.1; provided, however, that the fees in this paragraph shall not be assessed on vehicles which operate primarily on compressed natural gas, liquefied natural gas, or liquefied petroleum gas. (ii) The fees in this paragraph shall be in addition to any other fee imposed on the vehicle by this Code section. (iii) The fees in this paragraph shall be automatically adjusted on an annual basis by multiplying the percentage of increase or decrease in a given year in highway construction costs as measured by the National Highway Construction Cost Index published by the Office of Highway Policy Information of the Federal Highway Administration by the current fee. The resulting calculation shall be added to the fees assessed by this paragraph. The first adjustment shall be calculated and implemented on July 1, 2016."
PART III SECTION 3-1.
Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, is amended by revising Code Section 45-12-22, relating to the Governor's authority to suspend the collection of taxes, as follows:
"45-12-22. (a) Except as provided in subsection (b) of this Code section, the The Governor may suspend the collection of taxes, or any part thereof, due the state until the meeting of the
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next General Assembly but no longer; but he or she shall not otherwise interfere with the collection of taxes. (b) Unless there has been a state of emergency declaration by the Governor, the Governor shall not suspend or modify in any manner the collection of any rate of state motor fuel under Code Section 48-9-3 as it applies to sales of motor fuel and aviation gasoline as such terms are defined in Code Section 48-9-2. Any suspension or modification of any rate of state motor fuel taxes under this subsection by the Governor shall be effective only until the next meeting of the General Assembly which must ratify such suspension or modification by a two-thirds' vote of both chambers. In the event the General Assembly fails to ratify the Governor's actions, state motor fuel taxes under this subsection shall be collected at the rate specified absent such suspension or modification and any amounts unpaid due to such suspension or modification shall be collected using such rate."
PART IV SECTION 4-1.
Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising subsection (b) of Code Section 48-7-40.16, relating to state income tax credits for low-emission vehicles, as follows:
"(b)(1) A tax credit is allowed against the tax imposed under this article to a taxpayer for the purchase or lease of a new low-emission vehicle or new zero emission vehicle that is registered in the State of Georgia. The amount of the credit shall be:
(1)(A) For any new low-emission vehicle, 10 percent of the cost of such vehicle or $2,500.00, whichever is less; and (2)(B) For any new zero emission vehicle, 20 percent of the cost of such vehicle or $5,000.00, whichever is less. (2) For any new low-emission vehicle or new zero emission vehicle purchased or leased on or after July 1, 2015, the amount of the credit shall be $0.00."
SECTION 4-2. Said title is further amended by revising paragraphs (23) and (24) of Code Section 48-82, relating to definitions regarding state sales and use taxes, as follows:
"(23) 'Prepaid local tax' means any local sales and use tax which is levied on the sale or use of motor fuel and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, known as the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; or by or pursuant to Article 2, 2A, 3, or 4 of this chapter. Such tax is based on the same average retail sales price as set forth in subparagraph (b)(2)(B) of Code Section 48-9-14 as compiled by the Energy Information Agency of the United States Department of Energy, the Oil Pricing Information Service, or a similar reliable published index less taxes imposed
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under Code Section 48-9-3 and all local sales and use or excise taxes levied on motor fuel. Such price shall be used to compute the prepaid sales tax rate for local jurisdictions by multiplying such retail price by the applicable rate imposed by the jurisdiction. The person collecting and reporting the prepaid local tax for the local jurisdiction shall provide a schedule as to which jurisdiction these collections relate. This determination shall be based upon the shipping papers of the conveyance that delivered the motor fuel to the dealer or consumer in the local jurisdiction. A seller may rely upon the representation made by the purchaser as to which jurisdiction the shipment is bound and prepare shipping papers in accordance with those instructions. (24) 'Prepaid state tax' means the tax levied under Code Section 48-8-30 in conjunction with Code Section 48-8-3.1 and Code Section 48-9-14 on the retail sale of motor fuels for highway use and collected prior to that retail sale. This tax is based upon the average retail sales price as set forth in Code Section 48-9-14 Reserved."
SECTION 4-2A. Said title is further amended by revising paragraph (33.1) of Code Section 48-8-3, relating to exemptions from state sales and use taxes, as follows:
"(33.1)(A) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport, to the extent provided in subparagraphs (B) and (C) of this paragraph.
(B)(i) For the period of time beginning July 1, 2011, and ending June 30, 2012, the sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall be exempt from state sales and use tax until the aggregate state sales and use tax liability of the taxpayer during such period with respect to jet fuel exceeds $20 million, computed as if the exemption provided in this division was not in effect during such period. Thereafter during such period, the exemption provided by this division shall not apply to the sale or use of jet fuel to or by the qualifying airline. For purposes of this division, the terms 'qualifying airline' and 'qualifying airport' shall have the same meanings as those terms were defined under the prior provisions of this paragraph as it existed immediately prior to July 1, 2012. (ii) For the period of time beginning July 1, 2012, and ending on June 30, 2015, the sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall be exempt from 1 percent of the 4 percent state sales and use tax. (C) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall be exempt at all times from the sales or use tax levied and imposed as authorized pursuant to Part 1 of Article 3 of this chapter. As used in this subparagraph, the term 'qualifying airport' means any airport in this state that has had more than 750,000 takeoffs and landings during a calendar year, and the term 'qualifying airline' shall have the same meaning as set forth in subparagraph (E) of this paragraph. (D) Except as provided for in subparagraph (C) of this paragraph, this exemption shall not apply to any other local sales and use tax levied or imposed at any time in any area consisting of less than the entire state, however authorized, not to exceed the rate at which such taxes were levied as of January 1, 2014, including, but not
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limited to, such taxes authorized by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' or such taxes as authorized by or pursuant to Part 2 of Article 3 or Article 2, 2A, or 4 of this chapter. (E) For purposes of division (ii) of subparagraph (B) of this paragraph and paragraph (2) of subsection (d) of Code Section 48-8-241, a 'qualifying airline' shall mean any person which is authorized by the Federal Aviation Administration or appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. (F) For purposes of division (ii) of subparagraph (B) of this paragraph and paragraph (2) of subsection (d) of Code Section 48-8-241, the term 'qualifying airport' means a certificated air carrier airport in Georgia. (G) On or after July 1, 2017, revenue derived from the levy of sales and use taxes on jet fuel shall be used for a state aviation program or airport related purposes to the extent required to comply with 49 U.S.C. Sections 47107(b) and 47113. Any portion of such revenue so derived which is in excess of the amount required for purposes of such compliance with federal law may be appropriated by the General Assembly for other purposes. (G)(H) The commissioner shall adopt rules and regulations to carry out the provisions of this paragraph;"
SECTION 4-3. Said title is further amended by revising subsections (a) and (b) of Code Section 48-8-3.1, relating to sales tax exemptions as applied to motor fuels, as follows:
"(a) Except as provided in subsection (b) of this Code section, sales of motor fuels as defined in paragraph (9) of Code Section 48-9-2 shall be exempt from the first 3 percent of the state sales and use taxes levied or imposed by this article and shall be subject to the remaining 1 percent of the sales and use taxes levied or imposed by this article. (b) Sales of motor fuel, other than gasoline, which motor fuel other than gasoline is purchased for purposes other than propelling motor vehicles on public highways as defined in Article 1 of Chapter 9 of this title shall be fully subject to the 4 percent state sales and use taxes levied or imposed by this article unless otherwise specifically exempted by this article."
SECTION 4-4. Said title is further amended by revising the introductory language of subsection (a) of Code Section 48-8-6, relating to the ceiling on local sales and use taxes, as follows:
"(a) There shall not be imposed in any jurisdiction in this state or on any transaction in this state local sales taxes, local use taxes, or local sales and use taxes in excess of 2 2.5 percent. For purposes of this prohibition, the taxes affected are any sales tax, use tax, or sales and use tax which is levied in an area consisting of less than the entire state,
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however authorized, including such taxes authorized by or pursuant to constitutional amendment, except that the following taxes shall not count toward or be subject to such 2 2.5 percent limitation:"
SECTION 4-5. Said title is further amended by revising subsection (k) of Code Section 48-8-30, relating to the imposition, rate, and collection of state sales tax, as follows:
"(k) The prepaid local tax shall be imposed at the time tax is imposed under subparagraph (b)(2)(B) of Code Section 48-9-14 under Code Section 48-9-3."
SECTION 4-6. Said title is further amended by revising paragraph (2) of subsection (b) of Code Section 48-8-49, relating to dealers' returns as gross proceeds of sales and purchases, as follows:
"(2) If the tax liability of a dealer in the preceding calendar year was greater than $60,000.00 excluding local sales taxes, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection shall not apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14."
SECTION 4-7. Said title is further amended by revising paragraphs (2), (3), and (4) of subsection (b) of Code Section 48-8-50, relating to compensation of dealers for reporting and paying tax, as follows:
"(2) With respect to each certificate of registration number on such return, a deduction of one-half of 1 percent of that portion exceeding $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location other than the taxes specified in paragraph (3) of this subsection; and (3) With respect to each certificate of registration number on such return, a deduction of 3 percent of the combined total amount due of all sales and use taxes on motor fuel as defined under paragraph (9) of Code Section 48-9-2, which are imposed under any provision of this title, including, but not limited to, sales and use taxes on motor fuel imposed under any of the provisions described in subsection (f) of this Code section. but not including Code Section 48-9-14; and (4) A deduction with respect to Code Section 48-9-14, as defined in Code Section 488-2, shall be at the rate of one-half of 1 percent of the total amount due of the prepaid state tax reported due on such return, so long as the return and payment are timely, regardless of the classification of tax return upon which the remittance is made."
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SECTION 4-8. Said title is further amended by revising Code Section 48-8-82, relating to authorization of counties and municipalities to impose a joint sales and use tax, as follows:
"48-8-82. (a) When the imposition of a joint county and municipal sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district and each qualified municipality located wholly or partially within the special district shall levy a joint sales and use tax at the rate of 1 percent. Except as to rate, the joint tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the tax levied pursuant to this article, except that the joint tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined in Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3. (b) The joint sales and use tax provided for in this article in a special district shall be applicable to sales of motor fuels as prepaid local tax as such term is defined in Code Section 48-8-2 through June 30, 2016. On or after July 1, 2016, such joint sales and use tax shall not be applicable to sales of motor fuels as defined in Code Section 48-92. (c) On or after July 1, 2016, such joint sales and use tax shall be levied at the rate of 1.25 percent."
SECTION 4-9. Said title is further amended by adding a new subsection to Code Section 48-8-96, relating to taxation of property in consolidated governments, to read as follows:
"(j) Any consolidated government which, pursuant to the provisions of this Code section, is levying a tax under this article at the rate of 2 percent shall levy such tax at 2.5 percent on or after July 1, 2016."
SECTION 4-10. Said title is further amended by revising subsection (b) of Code Section 48-8-102, relating to the creation of special districts and use of proceeds of the homestead option sales and use tax, as follows:
"(b)(1) When the imposition of a local sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district shall levy a local sales and use tax at the rate of 1 percent. Except as to rate, the local sales and use tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the sales and use tax levied pursuant to this article, except that the sales and use tax provided in this article shall be applicable to sales of motor
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fuels as prepaid local tax as that term is defined in Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3. (2) The sales and use tax provided for in this article in a special district shall be applicable to sales of motor fuels as prepaid local tax as such term is defined in Code Section 48-8-2 through June 30, 2016. On or after July 1, 2016, such sales and use tax shall not be applicable to sales of motor fuels as defined in Code Section 48-9-2. (3) On or after July 1, 2016, such sales and use tax shall be levied at the rate of 1.25 percent."
SECTION 4-11. Said title is further amended by adding a new paragraph to Code Section 48-8-110, relating to definitions regarding the county special purpose local option sales tax, to read as follows:
"(5)(A) 'Transportation purposes' means and includes roads, bridges, public transit, rails, airports, buses, seaports, including without limitation road, street, and bridge purposes pursuant to paragraph (1) of subsection (b) of Code Section 48-8-121, and all accompanying infrastructure and services necessary to provide access to these transportation facilities, including general obligation debt and other multiyear obligations issued to finance such purposes. (B) 'Education transportation purposes' means, for purposes of proceeds of a tax levied pursuant to Part 2 of this article, which proceeds are attributable to the sale of motor fuel as prepaid local tax as such term is defined in Code Section 48-8-2, pursuant to the authority granted to the General Assembly by Article VIII, Section VI, Paragraph IV of the Constitution of Georgia, transportation necessary to move students to and from educational facilities in this state and all accompanying infrastructure and support necessary to provide safe and efficient access to and egress from these educational facilities."
SECTION 4-12. Said title is further amended by revising subsection (c) of and by adding a new subsection to Code Section 48-8-110.1, relating to the authorization for a county special purpose local option sales tax, to read as follows:
"(c) Any tax imposed under this part shall be at the rate of 1 percent. Except as to rate, a tax imposed under this part shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this part, except that a tax imposed under this part shall apply to sales of motor fuels as prepaid local tax as that term is defined in Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages as provided for in Code Section 48-8-3. (d) On or after July 1, 2015, following the expiration in a special district of the authorization for the levy of the tax authorized in this part, any renewal or continuation of a levy of the tax authorized in this part shall include a provision authorizing the
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expenditure for transportation purposes of at least the amount collected, as determined by an average of the previous three calendar years, on the sales of motor fuels as prepaid local tax as such term is defined in Code Section 48-8-2 in the special district. Such provision shall be included in the referendum required by this part and list the specific transportation purposes to be authorized as required under this part."
SECTION 4-13. Said title is further amended by revising subparagraph (a)(1)(A) of Code Section 48-8111, relating to the procedure for the implementation of the county special purpose local option sales tax, as follows:
"(A) A capital outlay project consisting of road, street, and bridge purposes, which purposes may include sidewalks and bicycle paths transportation purposes;"
SECTION 4-14. Said title is further amended by revising Code Section 48-8-143, relating to distribution of the sales tax for educational purposes, as follows:
"48-8-143. (a) The net proceeds of the sales tax for educational purposes shall be distributed in the manner provided under Article VIII, Section VI, Paragraph IV(g) of the Constitution unless another distribution formula is provided for by the enactment of a local Act. Any such local Act providing for an alternate distribution formula shall not be amended during the time period for which the tax was imposed.
(b)(1) It is the intention of the General Assembly, pursuant to the authority granted by Article VIII, Section VI, Paragraph IV of the Constitution of Georgia, to further define and implement by general law that education transportation purposes shall constitute a proper expenditure of proceeds from the levy of a sales tax for educational purposes. (2) As used in this subsection, the term 'education transportation purposes' means, for purposes of a tax levied pursuant to this part which proceeds are attributable to the sale of motor fuel as prepaid local tax as such term is defined in Code Section 48-8-2, pursuant to the authority granted to the General Assembly by Article VIII, Section VI, Paragraph IV of the Constitution of Georgia, transportation necessary to move students to and from educational facilities in this state and all accompanying infrastructure and support necessary to provide safe and efficient access to and egress from these educational facilities."
SECTION 4-15. Said title is further amended by revising subsection (c) of and adding a new subsection to Code Section 48-8-201, relating to the intergovernmental agreement for the distribution of tax proceeds from the water and sewer projects sales tax, as follows:
"(c) In the event a tax imposed under this article is imposed only by the municipality:
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(1) No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to:
(A) Sales of motor fuels as prepaid local tax as that term is defined in Code Section 48-8-2 until the expiration of the current authorization for the tax in such municipality. On or after the date immediately following such expiration, such tax shall not be applicable to sales of motor fuels as defined in Code Section 48-9-2; (B) The sale of food and food ingredients and alcoholic beverages as provided for in Code Section 48-8-3; (C) The sale of natural or artificial gas used directly in the production of electricity which is subsequently sold, notwithstanding paragraph (70) of Code Section 48-8-3; and (D) The furnishing for value to the public of any room or rooms, lodgings, or accommodations which is subject to taxation under Article 3 of Chapter 13 of this title; and (2) A tax imposed under this article shall not apply to the sale of motor vehicles." "(e) After the expiration of the current authorization for any tax imposed under this article, any reauthorization for the levy of a tax imposed under this article shall be at the rate of 1.25 percent."
SECTION 4-16. Said title is further amended by revising Code Section 48-9-3, relating to an excise tax on motor fuel, as follows:
"48-9-3. (a)(1) An excise tax is imposed at the rate of 7 1/2 29.2 per gallon on distributors who sell or use motor fuel, other than diesel fuel, within this state. An excise tax is imposed at the rate of 33 per gallon on distributors who sell or use diesel fuel within this state. It is the intention of the General Assembly that the legal incidence of the tax be imposed upon the distributor. (1.1)(A) Beginning on July 1, 2016, and annually thereafter, the amount of this excise tax per gallon on distributors shall be automatically adjusted on an annual basis in accordance with this paragraph. (B) Using 2014 as a base year, the department shall determine the average miles per gallon of all new vehicles registered in this state pursuant to Code Section 48-5C-1 using the average of combined miles per gallon published in the United States Department of Energy Fuel Economy Guide. Beginning on July 1, 2016, and each year thereafter, the department shall calculate the average miles per gallon of all new vehicles registered in this state in the previous year. The excise tax rate shall be multiplied by the percentage increase or decrease in fuel efficiency from the previous year, and the resulting increase or decrease shall be added to the excise tax rate to determine the preliminary excise tax rate. (C) Once the preliminary excise tax rate is established, it shall be multiplied by the annual percentage of increase or decrease in highway construction costs as
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measured by the National Highway Construction Cost Index published by the Office of Highway Policy Information of the Federal Highway Administration. The resulting calculation shall be added to the preliminary excise tax rate, and the result of such calculation shall be the new excise tax rate for motor fuels for the next calendar year. (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 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 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. (b) No tax is imposed by this article upon or with respect to the following sales by duly licensed distributors: (1) Bulk sales to a duly licensed distributor; (2) Sales of motor fuel for export from this state when exempted by any provisions of the Constitutions of the United States or this state; (3) Sales of motor fuel to a licensed distributor for export from this state; (4) Sales of motor fuel to the United States for the exclusive use of the United States when the motor fuel is purchased and paid for by the United States;
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(5) Sales of aviation gasoline to a duly licensed aviation gasoline dealer, except for 1 per gallon of the tax imposed by paragraph (1) of subsection (a) of this Code section and all of the tax imposed by Code Section 48-9-14; (6) Bulk sales of compressed petroleum gas or special fuel to a duly licensed consumer distributor;
(7)(A) Sales of compressed petroleum gas or special fuel to a consumer who has no highway use of the fuel at the time of the sale and does not resell the fuel. Consumers of compressed petroleum gas or special fuel who have both highway and nonhighway use of the fuel and resellers of such fuel must be licensed as distributors in order for sales of the fuel to be tax exempt. Each type of motor fuel is to be considered separately under this exemption.
(B)(i) In instances where a sale of compressed petroleum gas has been made to an ultimate consumer who has both highway and nonhighway use of that type of motor fuel and no tax has been paid by the distributor on the sale, the consumer shall become licensed as a consumer distributor of that type of motor fuel. After the consumer is licensed as a consumer distributor and if it is demonstrated to the satisfaction of the commissioner that the motor fuel purchased prior to the licensee's becoming licensed as a consumer distributor was used for nonhighway purposes, such sales shall be exempt from the tax imposed by this article; provided, however, that, if at the time of demonstration the ultimate consumer does not have both highway and nonhighway use of such fuel but it can be demonstrated by the distributor to the satisfaction of the commissioner that the motor fuel was used for nonhighway purposes, the sales shall be exempt from the tax imposed by this article; and
(ii)(I) Any special fuel sold by a distributor to a purchaser who has a storage receptacle which has a connection to a withdrawal outlet that may be used for highway use, as defined in paragraph (8) of Code Section 48-9-2, is not exempt from the motor fuel and road taxes imposed by this article unless: (1) the purchaser is at the time of sale a valid licensed distributor of that type of motor fuel, or (2) an exemption certificate has been obtained from the purchaser on forms furnished by the Department of Revenue showing that the purchaser has no highway use of such fuels and is not a reseller of such fuels. Each exemption certificate shall be valid for a period of not more than three years and shall be kept by the distributor as one of the records specified in Code Section 48-9-8. It shall be the responsibility of the purchaser to notify the distributor when the purchaser is no longer qualified for the nonhighway exemption. All applicable taxes must be charged the purchaser until the purchaser is granted a valid distributor's license for that type of motor fuel. (II) Any such purchaser granted an exemption under subdivision (I) of this division who falsely claims the exemption or fails to rescind the purchaser's exemption certificate to the distributor in writing when he or she is no longer eligible for the exemption shall be deemed a distributor for purposes of taxation and is subject to all provisions of this article relating to distributors. This division in no way shall restrict
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the option of the purchaser to become licensed as a distributor. If the distributor sells special fuel to a purchaser who has a storage receptacle which has a connection to a withdrawal outlet that may be used for highway use, as defined in paragraph (8) of Code Section 48-9-2, and the purchaser is not a valid licensed distributor and has not executed a valid signed exemption certificate, the taxes imposed by this article are due from the distributor and not the purchaser on all sales of that type of fuel to that purchaser; (8) Sales of fuel oils, compressed petroleum gas, or special fuel directly to an ultimate consumer to be used for heating purposes only. The delivery of fuel oils, compressed petroleum gas, or special fuel directly to an ultimate consumer to be used for heating purposes only shall be made directly into the storage receptacle of the heating unit of the consumer by the licensed distributor. To qualify for this exemption, sales must be delivered into storage receptacles that are not equipped with any secondary withdrawal outlets for the motor fuel; (9) Sales of dyed fuel oils to a consumer for other than highway use as defined in paragraph (8) of Code Section 48-9-2;
(10)(A) During the period of July 1, 2012, through June 30, 2015, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for public mass transit vehicles which are owned by public transportation systems which receive or are eligible to receive funds pursuant to 49 U.S.C. Sections 5307 and 5311 for which passenger fares are routinely charged and which vehicles are used exclusively for revenue generating purposes which motor fuel sales occur at bulk purchase facilities approved by the department. (B) During the period of July 1, 2012, through June 30, 2015, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for vehicles operated by a public campus transportation system, provided that such system has a policy which provides for free transfer of passengers from the public transportation system operated by the jurisdiction in which the campus is located; makes the general public aware of such free transfer policy; and receives no state or federal funding to assist in the operation of such public campus transportation system and which motor fuel sales occur at bulk purchase facilities approved by the department. (C) For purposes of this paragraph, the term 'vehicle' or 'vehicles' means buses, vans, minibuses, or other vehicles which have the capacity to transport seven or more passengers; or (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. (c) Fuel oils, compressed petroleum gas, or special fuel used by a duly licensed distributor for nonhighway purposes is exempt from the tax imposed by this article. (d) No export from this state shall be recognized as being exempt from tax under paragraphs (2) and (3) of subsection (b) of this Code section unless the exporter informs the seller and the terminal operator of the intention to export and causes to be set out the minimum information specified in subsection (e) of Code Section 48-9-17 on the
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bill of lading or equivalent documentation under which the motor fuel is transported. In the event that the motor fuel is delivered to any point other than that which is set out on the bill of lading or equivalent documentation, the legal incidence of the tax shall continue to be imposed exclusively upon the exporter who caused the export documentation to be issued and no exemption shall be recognized until suitable proof of exportation has been provided to the commissioner."
SECTION 4-17. Said title is further amended by repealing in its entirety Code Section 48-9-14, relating to the second motor fuel tax, and designating said Code section as reserved.
PART V SECTION 5-1.
Said title is further amended by revising paragraphs (3.1), (4.1), and (5.1) of subsection (a) and subparagraph (b)(7)(A) of Code Section 48-13-51, relating to the excise tax on rooms, lodgings, and accommodations, as follows:
"(3.1) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) and the municipalities within a county in which a trade and convention center authority has been created by intergovernmental contract between a county and one or more municipalities located therein, and which trade and convention center authority is in existence on or before March 21, 1988, and which trade and convention center authority has not constructed or operated any facility before March 21, 1988, may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to at least 62 1/2 percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding, supporting, acquiring, constructing, renovating, improving, and equipping buildings, structures, and facilities, including, but not limited to, a trade and convention center, exhibit hall, conference center, performing arts center, accommodations facilities, including food service, or any combination thereof, for convention, trade show, athletic, musical, theatrical, cultural, civic, and performing arts purposes and other events and activities for similar and related purposes, acquiring the necessary property therefor, both real and personal, and funding all expenses incident thereto, and supporting, maintaining, and promoting such facilities owned, operated, or leased by or to the local trade and convention center authority; or (C) for some combination of such purposes; provided, however, that at least 50 percent of the total taxes collected at the rate of 6 percent shall be expended for the purposes specified in subparagraph (B) of this paragraph. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, a
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local building authority created by local constitutional amendment, and a trade and convention center authority created by intergovernmental contract between a county and one or more municipalities located therein, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities. The aggregate amount of all excise taxes imposed under this paragraph and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 13 13.5 percent. Any tax levied pursuant to this paragraph shall terminate not later than December 31, 2029, provided that during any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this paragraph, secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph shall not be diminished or impaired by the state, and no county or municipality levying the tax imposed by this paragraph shall cease to levy the tax in any manner that will impair the interests and rights of the holder of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a building authority created by local constitutional amendment, shall constitute a contract with the holder of such obligation. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph, the term: 'fund' or 'funding' shall include the cost and expense of all things deemed necessary by a building authority created by local constitutional amendment for the construction and operation of a facility or facilities, including, but not limited to, the study, operation, marketing, acquisition, construction, financing, including the payment of principal and interest on any obligation of the building authority created by local constitutional amendment and any obligation of the building authority created by local constitutional amendment to refund any prior obligation of the building authority created by local constitutional amendment, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities, and the repayment of any obligation incurred by an authority in connection therewith; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys and having an initial term of not more than 37 years; and 'facility' or 'facilities' shall mean means any of the buildings, structures, and facilities described in subparagraph (B) of this paragraph and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of such facility used for any purpose or purposes specified in subparagraph (B) of this paragraph by a building authority created by local constitutional amendment." "(4.1) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality within a county in which a coliseum authority has been created by local Act of the General Assembly and which authority is in existence on or before July 1, 1963, for the purpose of owning or operating a facility, may levy a tax under this Code section at a rate of 7 percent. A county or municipality levying a tax pursuant to this
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paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to at least 62 1/2 percent of the total taxes collected at the rate of 7 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding and supporting a facility owned or operated by such coliseum authority; or (C) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, a local coliseum authority, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purpose (B) may be so expended in any otherwise lawful manner without the necessity of a contract. The aggregate amount of all excise taxes imposed under this paragraph and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 12 12.5 percent. Any tax levied pursuant to this paragraph shall terminate not later than December 31, 2028, provided that during any period during which there remains outstanding any obligation which is incurred prior to January 1, 1995, issued to fund a facility as contemplated by this paragraph, and secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph shall not be diminished or impaired by the state, and no county or municipality levying the tax imposed by this paragraph shall cease to levy the tax in any manner that will impair the interest and rights of the holders of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a coliseum and exhibit hall authority, shall constitute a contract with the holder of such obligations. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph, the term: 'fund' and or 'funding' shall include the cost and expense of all things deemed necessary by a local coliseum authority for the construction, renovation, and operation of a facility, including, but not limited to, the study, operation, marketing, acquisition, construction, finance, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities, and the repayment of any obligation incurred by a local coliseum authority in connection therewith; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys incurred prior to January 1, 1995, and having an initial term of not more than 30 years; and 'facility' shall mean means a coliseum or other facility and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of a facility used for convention and trade show purposes or amusement purposes, educational purposes, or a combination thereof and for fairs, expositions, or exhibitions in connection therewith by a local coliseum authority." "(5.1) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) and the municipalities within a county in which a coliseum and exhibit hall authority has been
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created by local Act of the General Assembly for a county and one or more municipalities therein, and which local coliseum and exhibit hall authority is in existence on or before January 1, 1991, and which local coliseum and exhibit hall authority has not constructed or operated any facility before January 1, 1991, may levy a tax under this Code section at a rate of 8 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to at least 62 1/2 percent of the total taxes collected at the rate of 8 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding, supporting, acquiring, constructing, renovating, improving, and equipping buildings, structures, and facilities, including, but not limited to, a coliseum, exhibit hall, conference center, performing arts center, or any combination thereof, for convention, trade show, athletic, musical, theatrical, cultural, civic, and performing arts purposes and other events and activities for similar and related purposes, acquiring the necessary property therefor, both real and personal, and funding all expenses incident thereto, and supporting, maintaining, and promoting such facilities owned, operated, or leased by or to the local coliseum and exhibit hall authority or a downtown development authority; or (C) for some combination of such purposes; provided, however, that at least 50 percent of the total taxes collected at the rate of 8 percent shall be expended for the purposes specified in subparagraph (B) of this paragraph. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, a local coliseum and exhibit hall authority, a downtown development authority, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities, notwithstanding any provision of paragraph (8) of this subsection to the contrary. The aggregate amount of all excise taxes imposed under this paragraph and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 13 13.5 percent; provided, however, that any sales tax for educational purposes which is imposed pursuant to Article VIII, Section VI, Paragraph IV of the Constitution shall not be included in calculating such limitation. Any tax levied pursuant to this paragraph shall terminate not later than December 31, 2028, provided that during any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this paragraph, secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph shall not be diminished or impaired by the state, and no county or municipality levying the tax imposed by this paragraph shall cease to levy the tax in any manner that will impair the interests and rights of the holder of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a local coliseum and exhibit hall authority or a downtown development authority, shall constitute a contract with the holder of such obligation. Notwithstanding any other provision of this Code section
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to the contrary, as used in this paragraph, the term: 'fund' or 'funding' shall include the cost and expense of all things deemed necessary by a local coliseum and exhibit hall authority or a downtown development authority for the construction and operation of a facility or facilities, including, but not limited to, the study, operation, marketing, acquisition, construction, financing, including the payment of principal and interest on any obligation of the local coliseum and exhibit hall authority or the downtown development authority and any obligation of the local coliseum and exhibit hall authority or the downtown development authority to refund any prior obligation of the local coliseum and exhibit hall authority or the downtown development authority, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities, and the repayment of any obligation incurred by an authority in connection therewith; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys and having an initial term of not more than 37 years; 'facility' or 'facilities' shall mean means any of the buildings, structures, and facilities described in subparagraph (B) of this paragraph and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of such facility used for any purpose or purposes specified in subparagraph (B) of this paragraph by a local coliseum and exhibit hall authority or a downtown development authority; and 'downtown development authority' shall mean means a downtown development authority created by local Act of the General Assembly for a municipality pursuant to a local constitutional amendment."
"(7)(A) Any municipality which is levying an excise tax under paragraph (5) of subsection (a) of this Code section, so long as any obligation as described in division (a)(5)(A)(ii) or subparagraph (a)(5)(B) of this Code section remains outstanding, shall leave such excise tax in effect at the rate of 7 percent and may levy up to an additional 1 percent excise tax under this paragraph so long as the combined rate does not exceed 8 8.5 percent."
PART VI SECTION 6-1.
Part 3 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, the "Georgia Transportation Infrastructure Bank Act," is amended by revising subsection (b) of Code Section 32-10-127, relating to loans and other financial assistance and the determination of eligible projects, as follows:
"(b)(1) The board shall determine which projects are eligible projects and then select from among the eligible projects qualified projects. When determining eligibility, the board shall make every effort to balance any loans or other financial assistance among all regions of this state. (2) Preference for loans may be given to eligible projects which have local financial support in tier 1 and tier 2 counties, as defined in Code Section 48-7-40 and by the Department of Community Affairs.
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(3) Preference for grants and other financial assistance may be given to eligible projects which have local financial support."
PART VII SECTION 7-1.
(a) This Act shall become effective on July 1, 2015. (b) Tax, penalty, and interest liabilities and refund eligibility for prior taxable years shall not be affected by the passage of this Act and shall continue to be governed by the provisions of Title 48 of the Official Code of Georgia Annotated as it existed immediately prior to the effective date of this Act.
SECTION 7-2. All laws and parts of laws in conflict with this Act are repealed.
Pursuant to Rule 133, Representative Belton of the 112th was excused from voting on HB 170.
The following amendment was read:
Representatives Ramsey of the 72nd and O'Neal of the 146th offer the following amendment:
Amend the substitute to HB 170 (LC 34 4595S) by replacing "29.2" on line 434 with "24".
By striking lines 435 and 436 and inserting in their place the following: sell or use motor fuel, other than diesel fuel, within this state. An excise tax is imposed at the rate of 28 per gallon on distributors who sell or use diesel fuel within this state.
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 E Beasley-Teague N Bell
Belton N Bennett N Bentley
N Coomer Y Cooper N Corbett N Dawkins-Haigler Y Deffenbaugh N Dempsey N Dickerson N Dickey N Dickson Y Dollar N Douglas N Drenner Y Dudgeon
N Harbin N Harden Y Harrell N Hatchett Y Hawkins N Henson Y Hightower Y Hitchens N Holcomb N Holmes Y Houston N Howard N Hugley
Y Meadows N Mitchell Y Morris N Mosby N Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea
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 N Strickland N Tankersley
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N Benton N Beskin N Beverly Y Broadrick Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson N Carter Y Casas N Chandler Y Cheokas Y Clark, D Y Clark, H N Clark, V N Coleman Y Cooke
N Dukes Y Dunahoo Y Duncan N Ealum Y Efstration Y Ehrhart N England Y Epps N Evans Y Fleming N Floyd N Fludd N Frazier N Frye N Gardner Y Gasaway N Geisinger N Glanton Y Golick N Gordon Y Gravley N Greene Y Hamilton
N Jackson N Jacobs Y Jasperse E Jones, J Y Jones, J.B. E Jones, L N Jones, S E Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby N Knight N LaRiccia N Lumsden E Mabra N Marin Y Martin N Maxwell N Mayo E McCall N McClain
Y Pezold Y Powell, A N Powell, J N Prince N Pruett Y Quick Y Raffensperger N Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice N Roberts Y Rogers, C N Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper N Shaw N Sims
Y Tanner Y Tarvin N Taylor, D N Taylor, T Y Teasley E Thomas, A.M. N Thomas, E N Trammell Y Turner N Waites N Watson N Welch Y Weldon Y Werkheiser N Wilkerson N Wilkinson N 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 77, nays 94.
The amendment was lost.
The following amendment was read:
Representatives Setzler of the 35, Ehrhart of the 36th, and Golick of the 40th offer the following amendment:
Amend the substitute to HB 170 (LC 34 4595S) by adding "to provide for a referendum to authorize construction of fixed guide-way transit" after "purposes;" on line 4.
By adding between lines 61 and 62 the following:
SECTION 1-3.
Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, is amended by adding a new Code section to read as follows:
"36-1-27. (a) In any county other than a county in which a referendum has been approved for the participation in a rapid transit system authorized by or pursuant to a local constitutional amendment and by or pursuant to an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' the governing authority of such county, any authority created by law, any agency, or any
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other political subdivision, special district, or instrumentality of this state shall be prohibited from receiving or expending any proceeds of any tax, any moneys from its general fund, or any other revenues from any county, state, or federal source or from incurring any general obligation debt, revenue debt, or other multiyear obligations for any fixed guide-way transit capital, maintenance and operations, or operational subsidy unless approved in a separate referendum question as provided in this Code section. (b) Whenever the governing authority of any such county wishes to submit to the electors of such county the question of whether county revenues may be expended for fixed guide-way transit, any such governing authority shall notify the election superintendent of such county by forwarding to the superintendent a copy of a resolution of the governing authority calling for a referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of authorizing such expenditure to the voters of the county 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 two weeks immediately preceding the date of the election in the official organ of such county. The ballot shall have written or printed thereon the following:
'( ) YES Shall the expenditure of revenues for fixed guide-way transit within ( ) NO ______________ County be approved?'
(c) All persons desiring to vote in favor of the question shall vote 'Yes,' and all persons desiring to vote against the question shall vote 'No.' If more than one-half of the votes cast are in favor of the question, then the expenditure of county revenues for such purpose shall be deemed approved; otherwise, such expenditures shall continue to be prohibited. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be the superintendent's further duty to canvass the returns, declare the result of the election, and certify the result to the Secretary of State. The expense of the election shall be borne by the county holding the election. (d) If such referendum is approved, the local delegation to the General Assembly from such county may, by passage of a local act, provide for the construction, governance, operations, maintenance, and expansion of the fixed guide-way transit system within the county."
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 Coomer Y Cooper N Corbett N Dawkins-Haigler Y Deffenbaugh Y Dempsey
N Harbin Y Harden Y Harrell N Hatchett Y Hawkins N Henson
N Meadows N Mitchell Y Morris N Mosby Y Nimmer Y Nix
N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer
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Y Barr N Battles E Beasley-Teague N Bell
Belton N Bennett N Bentley N Benton N Beskin N Beverly Y Broadrick Y Brockway N Brooks N Bruce N Bryant N Buckner N Burns N Caldwell, J Y Caldwell, M Y Cantrell Y Carson N Carter Y Casas Y Chandler N Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan N Ealum Y Efstration Y Ehrhart N England Y Epps N Evans Y Fleming N Floyd N Fludd N Frazier N Frye N Gardner N Gasaway Y Geisinger N Glanton Y Golick N Gordon Y Gravley N Greene Y Hamilton
Y Hightower Y Hitchens N Holcomb N Holmes N Houston N Howard N Hugley N Jackson N Jacobs Y Jasperse E Jones, J Y Jones, J.B. E Jones, L N Jones, S E Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby N Knight N LaRiccia Y Lumsden E Mabra N Marin Y Martin N Maxwell N Mayo E McCall N McClain
N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A N Powell, J N Prince Y Pruett Y Quick Y Raffensperger N Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Roberts N Rogers, C Y Rogers, T Y Rutledge N Rynders N Scott Y Setzler N Sharper N Shaw N Sims
N Stephens, M Y Stephens, R N Stephenson N Stovall Y Stover N Strickland N Tankersley Y Tanner Y Tarvin N Taylor, D Y Taylor, T Y Teasley E Thomas, A.M. N Thomas, E N Trammell Y Turner N Waites N Watson Y Welch Y Weldon Y Werkheiser N Wilkerson N Wilkinson N 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 84, nays 87.
The amendment was lost.
Representative Ramsey of the 72nd moved that HB 170 be placed upon the table.
On the motion, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison N Anderson Y Atwood N Ballinger Y Barr N Battles E Beasley-Teague N Bell
Belton Bennett Y Bentley N Benton
N Coomer N Cooper N Corbett N Dawkins-Haigler Y Deffenbaugh N Dempsey N Dickerson Y Dickey N Dickson Y Dollar N Douglas N Drenner Y Dudgeon N Dukes
Y Harbin N Harden Y Harrell N Hatchett N Hawkins N Henson Y Hightower N Hitchens N Holcomb N Holmes N Houston N Howard N Hugley N Jackson
N Meadows N Mitchell Y Morris N Mosby N Nimmer N Nix N Oliver Y O'Neal Y Pak Y Parrish N Parsons Y Peake Y Petrea Y Pezold
N Smith, E N Smith, L N Smith, M N Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R
Stephenson N Stovall Y Stover N Strickland N Tankersley N Tanner
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1901
N Beskin N Beverly N Broadrick Y Brockway N Brooks N Bruce N Bryant N Buckner N Burns Y Caldwell, J Y Caldwell, M N Cantrell
Carson N Carter Y Casas Y Chandler N Cheokas N Clark, D Y Clark, H N Clark, V N Coleman Y Cooke
Y Dunahoo Y Duncan N Ealum Y Efstration N Ehrhart N England N Epps N Evans Y Fleming N Floyd Y Fludd N Frazier N Frye N Gardner Y Gasaway
Geisinger N Glanton Y Golick N Gordon Y Gravley N Greene N Hamilton
N Jacobs N Jasperse E Jones, J Y Jones, J.B. E Jones, L N Jones, S E Jordan N Kaiser Y Kelley N Kendrick N Kidd Y Kirby N Knight N LaRiccia N Lumsden E Mabra N Marin Y Martin N Maxwell N Mayo E McCall N McClain
Y Powell, A N Powell, J N Prince N Pruett Y Quick Y Raffensperger N Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice N Roberts N Rogers, C N Rogers, T Y Rutledge N Rynders N Scott Y Setzler N Sharper N Shaw N Sims
N Tarvin N Taylor, D N Taylor, T Y Teasley E Thomas, A.M. N Thomas, E N Trammell Y Turner Y Waites N Watson N Welch Y Weldon Y Werkheiser N Wilkerson N Wilkinson N Willard N Williams, A Y Williams, C N Williams, E Y Williamson N Yates
Ralston, Speaker
On the motion, the ayes were 56, nays 111.
The motion was lost.
The Rules Committee substitute was adopted.
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 N Allison Y Anderson N Atwood Y Ballinger N Barr Y Battles E Beasley-Teague Y Bell
Belton Y Bennett N Bentley Y Benton Y Beskin Y Beverly Y Broadrick
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler N Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson N Dollar Y Douglas Y Drenner N Dudgeon Y Dukes N Dunahoo N Duncan Y Ealum
N Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens N Holcomb N Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse E Jones, J
Y Meadows Y Mitchell N Morris
Mosby Y Nimmer Y Nix Y Oliver N O'Neal Y Pak Y Parrish Y Parsons Y Peake N Petrea N Pezold N Powell, A Y Powell, J Y Prince
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 N Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T
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N Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M N Cantrell Y Carson Y Carter N Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
N Efstration Y Ehrhart Y England Y Epps Y Evans N Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner N Gasaway Y Geisinger Y Glanton N Golick Y Gordon N Gravley Y Greene Y Hamilton
N Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser N Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden E Mabra Y Marin N Martin Y Maxwell Y Mayo E McCall Y McClain
Y Pruett N Quick N Raffensperger Y Rakestraw N Ramsey Y Randall N Reeves N Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott N Setzler Y Sharper Y Shaw Y Sims
N Teasley E Thomas, A.M. Y Thomas, E Y Trammell N Turner
Waites Y Watson N Welch Y Weldon N Werkheiser 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 123, nays 46.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 213. By Representatives Jacobs of the 80th, Roberts of the 155th, Smyre of the 135th, Geisinger of the 48th, Mitchell of the 88th 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 provide for a permanent suspension of restrictions on the use of sales and use tax proceeds upon the submission of an independent management audit to certain officials; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act 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 provide for the rate of a sales and use tax; to provide for a permanent suspension of restrictions on the use of sales and use tax proceeds upon the submission of an independent management audit to certain officials; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
THURSDAY, MARCH 5, 2015
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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 paragraph (1) of subsection (b) and subsection (i) of Section 25 as follows:
"(b)(1) Rate of Tax. The tax when levied shall be at the rate of one (1%) percent until and including June 30, 2047 2057, and shall thereafter be reduced to one-half (1/2%) of one percent. Said tax shall be added to the State Sales and Use Tax imposed by Article 1 of Chapter 8 of Title 48 of the O.C.G.A., and the State Revenue Commissioner is hereby authorized and directed to establish a bracket system by appropriate rules and regulations to collect the tax herein imposed in the areas affected." "(i) Use of Proceeds. The proceeds of the tax levied pursuant to this Act shall be used solely by each local government to fulfill the obligations incurred in the contracts entered into with the Metropolitan Atlanta Rapid Transit Authority as contemplated in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended; provided, however, that no more than fifty percent (50%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection, until January 1, 2002. For the period beginning January 1, 2002, and ending June 30, 2002; and for each fiscal year commencing thereafter until December 31, 2008, no more than fiftyfive percent (55%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection; and for the period beginning January 1, 2009, and ending June 30, 2009, and each fiscal year commencing thereafter until July 1, 2032, no more than fifty percent (50%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. Such restrictions on the use of annual proceeds from local sales and use taxes shall be suspended through June 30, 2017. If the Board of the Metropolitan Atlanta Rapid Transit Authority shall fail to file with the Governor, the State Auditor, and the chairperson of the Metropolitan Atlanta Rapid Transit Overview Committee annually the original and 14 copies of every four years as provided in subsection (e) of Section 17 of this Act a report of the findings of a completed independent management performance audit of the Authority's current operations 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 four years beginning January 1, 2003, and ending June 30, 2003, and each fiscal year commencing thereafter until July 1, 2032, of the year immediately following the year in which the completed independent management audit was due but not submitted, no more than fifty percent
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(50%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. For each fiscal year commencing on or after July 1, 2032, no more than sixty percent (60%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection; and commencing with July 1, 2032, and for every year thereafter, the proceeds of the tax shall not be used to subsidize operations of the transportation system to an extent greater than fifty percent (50%) of the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. In adopting its annual budget, the Board of the Metropolitan Atlanta Rapid Transit Authority shall be authorized to rely upon estimates of all revenues, operating costs, patronage, and other factors which may affect the amount of the fare required to limit the operating subsidy herein provided for. If the results of any year's operations reflect that the proceeds of the tax were used to subsidize operations to an extent greater than herein provided, the Board shall adjust fares in order to make up the deficit in operations during a period of not to exceed three (3) succeeding years. If the results of operations in the Authority's fiscal year commencing July 1, 1980, or in any subsequent fiscal year reflect that the proceeds of the tax were not used to subsidize operations to the maximum extent herein provided, the Board shall reserve any amounts that could have been used to subsidize operations in that fiscal year and later use said reserved amounts and any interest earned on said reserved amounts to provide an additional subsidy for operations in any future fiscal year or years. The words 'operating costs of the system' for purposes of this subsection 25(i) are defined to include all of the costs of that division of the Authority directly involved and that portion of the nonoperating administrative costs of those divisions of the Authority indirectly involved, through the provision of support services, in providing mass transportation services for the metropolitan area, but 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.
THURSDAY, MARCH 5, 2015
1905
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 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 Y Alexander N Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner N Burns
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler
Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson N Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes N Dunahoo Y Duncan Y Ealum N Efstration N Ehrhart Y England Y Epps Y Evans Y Fleming
Y Harbin Y Harden Y Harrell
Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb
Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse E Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser N Kelley
Y Meadows Y Mitchell
Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince
Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall
Y Smith, E Smith, L
Y Smith, M Y Smith, R Y Smyre N Spencer N Stephens, M Y Stephens, R Y Stephenson Y Stovall N Stover Y Strickland Y Tankersley Y Tanner N Tarvin
Taylor, D Y Taylor, T Y Teasley E Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites
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Y Caldwell, J N Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman N Cooke
Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon N Gravley
Greene Y Hamilton
Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden E Mabra Y Marin N Martin Y Maxwell Y Mayo E McCall Y McClain
Y Reeves Y Rhodes
Rice Y Roberts Y Rogers, C Y Rogers, T N Rutledge N Rynders Y Scott N Setzler Y Sharper Y Shaw Y Sims
Y Watson Y Welch Y Weldon Y Werkheiser 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 144, nays 19.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 214. By Representatives Jacobs of the 80th, Geisinger of the 48th, Mitchell of the 88th, Taylor of the 79th, Gardner of the 57th 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 provide for the restoration of voting privileges to the Commissioner of the Department of Transportation until 2017; 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 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 provide for the restoration of voting privileges to the Executive Director of the Georgia Regional Transportation Authority until 2017; to provide for the staggering of new board members when a county joins the Authority; to provide for the process by which contracts for concessions shall be awarded; to provide for suspensions from the system and property for violations of rules and regulations; to provide for the inclusion of certain items in an independent management audit; to provide for the issuance of citations; to provide for an appeals process; to provide for the appointment of hearing officers; to provide for a hearing; to provide for the appeal of decisions to superior court; to provide for the authority to pursue legal action for the collection of fines; to provide for the retail sales
THURSDAY, MARCH 5, 2015
1907
and use tax rate when a county joins the Authority; 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), is amended by revising subsections (a) and (b) of Section 6 as follows:
"(a) On and after January 1, 2017, the Board of Directors of the Authority shall be reconstituted and composed of 11 voting members and two nonvoting 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 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 and one of such 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 the Fulton County Board of Commissioners, 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, 2017, shall serve initial terms of office as follows: two of the three appointees of the DeKalb County Board of Commissioners, two of the three appointees of the Mayor and City Council of Atlanta, and one of the two appointees of the caucus of mayors from municipalities lying north of the 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 December 1, 2016, all board members shall be appointed and 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.
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Those board members in office on May 31, 2014, shall serve until December 31, 2016. The Executive Director of the Georgia Regional Transportation Authority and the Commissioner of the Department of Transportation shall become be nonvoting members of the Board on the effective date of this sentence and shall serve while holding their State offices; provided, however, that notwithstanding any provisions of this Act to the contrary, the Executive Director of the Georgia Regional Transportation Authority shall be a voting member of the Board until December 31, 2016. 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 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, 2017, shall not be considered in calculating limits on length of service. Appointments to fill expiring terms shall be made by the 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) The local governing bodies of Clayton, Cobb, and Gwinnett 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 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 this Act. The local governing bodies of 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, 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 the county may then appoint two residents of the county to the Board of Directors of the Authority,. The local governing body shall designate one such resident to serve an initial term ending on the 31st day of December in the second full year after the year in which the referendum approving said rapid transit contract was held and one such resident to serve a an initial 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 such additional members. Upon the conclusion of the initial terms provided for in this subsection, the local governing body which appointed the member for that initial term shall appoint a successor thereto for a term of office of four years."
THURSDAY, MARCH 5, 2015
1909
SECTION 2. Said Act is further amended by revising subsections (f) and (g) of Section 14 as follows:
"(f) All concessions granted by the Authority for the sale of products or the rendition of services for a consideration on Authority property shall be awarded only pursuant to written specifications after competitive bidding procurement and to the highest responsible bidder respondent in a manner similar to that required in subsection (b)." "(g) Contracts for the sale, lease, or other disposition of real property owned by the Authority shall be awarded only after competitive bidding procurement and to the highest responsible bidder respondent in a manner similar to that required in subsection (b), provided that such competitive bidding procurement procedures may be waived, but only if the Board determines that the negotiation of a sale, lease, exchange, or other disposition of real property owned or to be acquired by the Authority is necessary to facilitate either of the following: (i) the location of an Authority transportation project within real property owned by another; or (ii) the passage of the public between an Authority transportation project and the property of another."
SECTION 3. Said Act is further amended by revising subsection (e) of Section 17 as follows:
"(e) Not later than December 31, 2016, and every four years thereafter, the Authority shall cause to be performed an independent management audit on the condition of management of the Authority, to be supervised and approved by the Metropolitan Atlanta Rapid Transit Overview Committee. Such management audit shall include the 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. 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."
SECTION 4. Said Act is further amended by revising subsection (a) of Section 20 as follows:
"(a)(1) The Board may promulgate reasonable rules and regulations, not inconsistent with law, for the control and management of its operations, properties, employees, and patrons. (2) Violations of such rules and regulations governing the conduct of the public in or upon the Authority's transportation system shall be punishable by a civil fine or penalty in an amount set by the Board. may be punished by a suspension from the use of Authority services and presence on Authority property for a period of time to be set by the Board or a civil fine or both, provided that such fine shall be no more than $300.00. (3) A citation shall be issued for violations of such rules and regulations which shall include notice of suspension from the use of Authority services and presence on
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Authority property or the civil fine amount or both, as applicable. Such citation shall also state at the top of the citation and in a print size no smaller than the largest print size used on the citation:
(A) That the suspension or civil fine or both may be appealed as provided for in paragraph (4) of this subsection; (B) The procedures by which such appeal shall be requested, including the mailing, overnight delivery, and hand delivery address to be used for such requests, specifying the required methods of delivery; (C) That such suspension or civil fine or both shall be deemed final if no appeal is made within 30 days; and (D) That if no appeal is made, use of Authority services or entry upon Authority property is forbidden and subsequent use of services or entry upon property during a period of suspension shall constitute criminal trespass under Code Section 16-7-21 of the O.C.G.A. (4) A citation may be appealed to the Authority by written request by registered or certified mail, statutory overnight delivery, or hand delivery within 30 days of the issuance of such citation. Within ten days of receipt of a request for a hearing, the Authority shall respond to the person requesting a hearing to schedule a hearing date, which shall be no later than 30 days from the receipt of the request. If no hearing is requested within 30 days of the issuance of a citation, the suspension or fine issued shall be deemed final and become effective immediately. (5) The Board shall hire a neutral licensed attorney to be known as the hearing officer to hear the appeal. Such attorney shall be a member in good standing with the State Bar of Georgia, have been in the practice of law for at least five years, and be appointed for one or more terms of two years subject to removal by majority vote of the Board only for good cause. The Board may appoint more than one neutral licensed attorney to serve as hearing officers subject to the requirements of this paragraph should the case load so require. (6) The hearing shall, with respect to rules of evidence and procedure, be conducted in accordance with Chapter 13 of Title 50 of the O.C.G.A, the 'Georgia Administrative Procedure Act.' (7) Within 30 days after the final decision from the hearing officer, a petition may be filed in superior court of the county where the alleged conduct occurred that resulted in a citation. A copy of the petition shall be served upon the Authority. The petition shall state that the petitioner is aggrieved by the decision and the grounds upon which the petitioner contends the decision should be reversed. The filing of a petition for judicial review in superior court does not itself stay enforcement of the citation. The court may reverse or modify the decision if substantial rights of the petitioner have been prejudiced because the decision was clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record. (8) The Authority may pursue any and all legal remedies for the collection of outstanding fines.
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(9) All rules and regulations governing the conduct of the public in or upon the Authority's transportation system and the length of suspension or civil fine or penalty for infraction of such rules and regulations shall be posted in a prominent location on the Authority's website."
SECTION 5.
Said Act is further amended by revising subparagraph (b)(2)(A) of Section 25 as follows: "(2)(A) A local governing body which, on January 1, 1988, is not a party to the Rapid Transit Contract and Assistance Agreement specified in subsection (k) of this Section may enter into a rapid transit contract to provide public transportation services and facilities other than any extension of or addition to the Authority's existing rail rapid transit system and may levy a retail sales and use tax authorized under subsection (a) of this Section at the rate of either one-half (1/2%) percent or one (1%) percent, as determined by that contract between such local governing body and the Authority. Such contract shall require that the costs of the transportation services and facilities contracted for, as determined by the Board of Directors on the basis of reasonable estimates, allocation of costs and capital, and projections shall be borne by one or more of the following: (i) Fares; (ii) The proceeds of the tax levied in accordance with this subparagraph; (iii) Other revenues generated by such services and facilities; and (iv) Any subsidy provided, directly or indirectly, by or on behalf of that local governing body which is the party to the contract. Notwithstanding any limitation in subsection (i) of this Section or any other provision of this Act, the proceeds of the retail sales and use tax levied pursuant to this subparagraph may be used in their entirety to pay the operating costs of the system, as defined in that subsection (i)."
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 N Allison
Y Coomer Y Cooper Y Corbett
Y Harbin Y Harden Y Harrell
N Meadows Y Mitchell N Morris
Y Smith, E Y Smith, L Y Smith, M
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Y Anderson Y Atwood Y Ballinger Y Barr N Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Dawkins-Haigler Deffenbaugh
Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum N Efstration N Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley
Greene Y Hamilton
Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb
Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse E Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden E Mabra Y Marin N Martin Y Maxwell Y Mayo E McCall Y McClain
Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince
Pruett Y Quick Y Raffensperger N Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice Y Roberts Y Rogers, C Y Rogers, T N Rutledge N Rynders Y Scott N Setzler Y Sharper Y Shaw Y Sims
Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall N Stover Y Strickland Y Tankersley N Tanner N Tarvin Y Taylor, D Y Taylor, T Y Teasley E Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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 19.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 292. By Representatives Knight of the 130th and Powell of the 171st:
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 an effective date and applicability; to repeal conflicting laws; and for other purposes.
THURSDAY, MARCH 5, 2015
1913
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 provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, 2013 2014, the provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 1, 2014 2015, 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, 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 shall be $500,000.00 for tax years beginning in 2014, and except that the limitations provided in Section 179(b)(2) shall be $800,000.00 for tax years beginning in 2010, 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 shall be $2 million for tax years beginning in 2014, and provided that
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Section 1106 of federal Public Law 112-95 as amended by federal Public Law 113243 shall be treated as if it is in effect, except the phrase 'Code Section 48-2-35 (or, if later, November 15, 2013 2015)' shall be substituted for the phrase 'section 6511(a) of such Code (or, if later, April 15, 2013 2015),' 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, 2014 2015, 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, 2013 2014, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2014 2015, 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. 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, 2014.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Knight of the 130th moved that the House agree to the Senate substitute to HB 292.
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 E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler
Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb
Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse E Jones, J
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T
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1915
Y Brockway Y Brooks
Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd
Frazier Y Frye Y Gardner Y Gasaway Y Geisinger
Glanton Golick Y Gordon Y Gravley Greene Y Hamilton
Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden E Mabra
Marin Y Martin Y Maxwell Y Mayo E McCall Y McClain
Y Pruett Y Quick
Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Teasley E Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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 0.
The motion prevailed.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, March 9, 2015, 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 9, 2015.
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Representative Hall, Atlanta, Georgia
Monday, March 9, 2015
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 Houston Berry, Interim Pastor, Second Memorial Baptist Church, Perry, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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:
MONDAY, MARCH 9, 2015
1917
HB 558. By Representative Gardner of the 57th:
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 restrictions on the issuance and use of instruction permits and graduated drivers' licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 559. By Representatives Fleming of the 121st and Jackson of the 128th:
A BILL to be entitled an Act to amend an Act to create a board of elections and registration for McDuffie County, approved March 22, 1990 (Ga. L. 1990, p. 4410), so as to increase the membership of the board; to provide for the manner of appointment and 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 560. By Representatives Holcomb of the 81st and Abrams of the 89th:
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 provide requirements for submitting certain evidence collected from a forensic medical examination to the Georgia Bureau of Investigation; to provide for a definition; to provide for procedure; to provide for reporting; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 561. By Representatives Wilkinson of the 52nd, Benton of the 31st, Henson of the 86th, Cooper of the 43rd, McCall of the 33rd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the adoptable dog as the official state dog; to provide legislative findings and declarations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
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HB 562. By Representatives Hawkins of the 27th, Taylor of the 173rd, Clark of the 101st, Rogers of the 29th, Gardner of the 57th and others:
A BILL to be entitled an Act to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician assistants, and others, so as to provide for the certification of polysomnographic technologists; to repeal a current law regarding polysomnography; to provide a short title; to provide legislative findings; to provide for definitions; to provide for applications to be made to the Georgia Composite Medical Board to obtain certification to practice polysomnography; 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 563. By Representatives Marin of the 96th, Kidd of the 145th, Floyd of the 99th, Chandler of the 105th, Scott of the 76th 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 plates for certain persons and vehicles, so as to provide for special decals issued to persons with disabilities to include a photograph of the person issued the decal; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 565. By Representatives Rogers of the 10th, Gasaway of the 28th, England of the 116th, Roberts of the 155th, Powell of the 32nd and others:
A RESOLUTION honoring the life of Mr. John Robert "Johnny" Mize and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 566. By Representatives Spencer of the 180th, Shaw of the 176th, Corbett of the 174th and Nimmer of the 178th:
A RESOLUTION honoring the life of Corporal Russell S. King and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
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By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee:
HB 578. By Representatives Weldon of the 3rd, Welch of the 110th, Oliver of the 82nd, Caldwell of the 131st, Jacobs of the 80th 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 change the offense of harassing phone calls to the offense of harassing communications; to provide for a definition; to provide for penalties; to provide for venue; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:
HB 549 HB 553 HB 555 HB 557 HB 565 HB 567 HB 569 SB 112 SB 119 SB 135
HB 550 HB 554 HB 556 HB 564 HB 566 HB 568 HR 564 SB 114 SB 131
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 443 Do Pass HB 500 Do Pass
Respectfully submitted, /s/ Hamilton of the 24th
Chairman
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Representative Tankersley of the 160th District, Chairman of the Committee on IntraGovernmental Coordination, submitted the following report:
Mr. Speaker:
Your Committee on Intra-Governmental Coordination has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 343 HB 517 SB 93
Do Pass Do Pass Do Pass
HB 437 Do Pass HB 527 Do Pass, by Substitute
Respectfully submitted, /s/ Tankersley of the 160th
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 17 HB 228 HB 322 HB 524
Do Pass, by Substitute Do Pass Do Pass, by Substitute Do Pass
HB 98 HB 295 HB 342
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute
Respectfully submitted, /s/ Willard of the 51st
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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
MONDAY, MARCH 9, 2015
1921
HR 519 Do Pass, by Substitute
Respectfully submitted, /s/ Pruett of the 149th
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 and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HB 411 HR 36 HR 215
Do Pass, by Substitute Do Pass, by Substitute Do Pass
Respectfully submitted, /s/ Roberts of the 155th
Chairman
Representative Powell of the 171st 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 221 HB 364 HB 428
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute
Respectfully submitted, /s/ Powell of the 171st
Chairman
The following report of the Committee on Rules was read and adopted:
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HOUSE RULES CALENDAR MONDAY, MARCH 9, 2015
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 28th Legislative Day as enumerated below:
DEBATE CALENDAR
Open Rule
None
Modified Open Rule
HB 385 HB 386
Health records; determining annual cost adjustment for providing medical records from Office of Planning and Budget to Department of Community Health; move responsibility (GAff-Nimmer-178th) Georgia Coordinating Committee for Rural and Human Services Transportation; Chapter 12 of Title 32; repeal (GAff-Nimmer-178th)
Modified Structured Rule
HB 110 HB 212
HB 296 HB 353 HB 397
Fireworks; provide for sale of consumer fireworks; provisions (Substitute)(RegI-Roberts-155th) Pain management clinics; health care professionals who must be on-site for the clinics to provide medical treatment or services; revise a provision (Substitute)(H&HS-Weldon-3rd) Scholarship program; special needs students; expand eligibility (Substitute)(Ed-Nix-69th) Nonpublic postsecondary educational institutions; revise definitions; revise provisions (Substitute)(HEd-Rogers-29th) State Soil and Water Conservation Commission; revise provisions; provisions (Substitute)(A&CA-Knight-130th)
Structured Rule
HB 492
Crimes and offenses; carrying in unauthorized locations; revise provisions (Substitute)(PS&HS-Jasperse-11th)
MONDAY, MARCH 9, 2015
1923
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. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 103. By Senators Jackson of the 2nd and Watson of the 1st:
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 allow for local authorization and regulation of the sale of alcoholic beverages for consumption on the premises on Sundays during the St. Patrick's Day holiday period; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 129. By Senators McKoon of the 29th, Ligon, Jr. of the 3rd, Crane of the 28th, Bethel of the 54th, Harbin of the 16th and others:
A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the preservation of religious freedom; to provide for legislative findings; to provide for definitions; to provide for the granting of relief; to provide for a short title; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 133. By Senators Miller of the 49th, Tippins of the 37th, Jeffares of the 17th, Sims of the 12th, Beach of the 21st and others:
A BILL to be entitled an Act to amend Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the Education Coordinating Council, so as to provide for the establishment of the Opportunity School District; to provide for conforming amendments; to provide for related matters; to provide
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for contingent effectiveness; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 287. By Senators Miller of the 49th, Tippins of the 37th, Jeffares of the 17th, Sims of the 12th, Gooch of the 51st and others:
A RESOLUTION proposing an amendment to the Constitution of Georgia so as to allow the General Assembly to authorize the establishment of an Opportunity School District to provide for state intervention for failing schools; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 478. By Representative Parrish of the 158th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4975), so as to provide for staggered terms for the commissioners; to provide for currently serving commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 489. By Representatives Ballinger of the 23rd, Carson of the 46th, Caldwell of the 20th, Cantrell of the 22nd and Turner of the 21st:
A BILL to be entitled an Act to amend an Act entitled "An Act to create the State Court of Cherokee County," approved April 15, 1996 (Ga. L. 1996, p. 4427), as amended, so as to provide for the appointment of solicitor-general investigators; to provide for qualifications; to provide for powers; to provide for a chief investigator; to repeal conflicting laws; and for other purposes.
HB 493. By Representatives Jones of the 167th and Atwood of the 179th:
A BILL to be entitled an Act to authorize the City of Brunswick 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
MONDAY, MARCH 9, 2015
1925
provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
HB 495. By Representatives Ramsey of the 72nd, Mabra of the 63rd, Yates of the 73rd, Stover of the 71st and Fludd of the 64th:
A BILL to be entitled an Act to authorize the City of Peachtree City 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.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees:
SB 103. By Senators Jackson of the 2nd and Watson of the 1st:
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 allow for local authorization and regulation of the sale of alcoholic beverages for consumption on the premises on Sundays during the St. Patrick's Day holiday period; 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.
SB 129. By Senators McKoon of the 29th, Ligon, Jr. of the 3rd, Crane of the 28th, Bethel of the 54th, Harbin of the 16th and others:
A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the preservation of religious freedom; to provide for legislative findings; to provide for definitions; to provide for the granting of relief; to provide for a short title; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 133. By Senators Miller of the 49th, Tippins of the 37th, Jeffares of the 17th, Sims of the 12th, Beach of the 21st and others:
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A BILL to be entitled an Act to amend Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the Education Coordinating Council, so as to provide for the establishment of the Opportunity School District; to provide for conforming amendments; to provide for related matters; to provide for contingent effectiveness; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SR 287. By Senators Miller of the 49th, Tippins of the 37th, Jeffares of the 17th, Sims of the 12th, Gooch of the 51st and others:
A RESOLUTION proposing an amendment to the Constitution of Georgia so as to allow the General Assembly to authorize the establishment of an Opportunity School District to provide for state intervention for failing schools; 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.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Nimmer of the 178th, Dollar of the 45th, Bentley of the 139th, Wilkerson of the 38th, Brooks of the 55th, Thomas of the 56th, and Burns of the 159th et al.
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 Belton Bennett Bentley Benton Beskin Broadrick Brockway Brooks
Coomer Cooper Corbett E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas E Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration
Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson E Jacobs Jasperse Jones, J Jones, J.B.
Meadows Mitchell Morris Nimmer Nix Oliver O'Neal Pak Parrish Parsons Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick
Smith, L Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R E Stephenson Stovall Stover Strickland Tanner Tarvin Taylor, D Taylor, T Teasley E Thomas, A.M. Thomas, E
MONDAY, MARCH 9, 2015
1927
Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter E Casas Chandler Cheokas Clark, D Clark, H Clark, V Coleman Cooke
Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway Geisinger E Glanton Golick Gordon Gravley Greene Hamilton
E Jones, L Jones, S
E Jordan Kaiser Kelley Kendrick Kidd Knight LaRiccia Lumsden Mabra Marin Martin Maxwell Mayo
E McCall McClain
Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sims Smith, E
Trammell Turner Waites Watson Welch Weldon Werkheiser 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, Kirby of the 114th, Mosby of the 83rd, and Rice of the 95th.
They wished to be recorded as present.
Pursuant to HR 549, the House commended the Third Infantry Division of the United States Army at Fort Stewart; recognized March 9, 2015, as Third Infantry Division Day at the state capitol; and invited Major General John M. Murray, Command Sergeant Major Christopher G. Gilpin, Brigadier General James R. Blackburn, Jr., Command Sergeant Major Stanley Varner, Colonel Kevin F. Gregory, Command Sergeant Major Myron J. Lewis, Mayor Edna B. Jackson of Savannah, and Mayor Jim Thomas, Jr., of Hinesville to be recognized by the House of Representatives.
Pursuant to HR 489, the House recognized and honored the members of the St. Patrick's Day Parade Committee, Chairman Kevin Halligan and the Grand Marshal of the 2015 St. Patrick's Day Parade, Hugh Coleman on the upcoming occasion of the 2015 St. Patrick's Day Parade in Savannah, Georgia, and invited them to be recognized by the House of Representatives.
Pursuant to HR 520, the House commended Tom Daniel for his many years of service to the State of Georgia; congratulated him upon the grand occasion of his retirement; 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:
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HB 296. By Representatives Nix of the 69th, Clark of the 101st, Dudgeon of the 25th, Beskin of the 54th, Kaiser of the 59th and others:
A BILL to be entitled an Act to amend Code Section 20-2-2114 of the Official Code of Georgia Annotated, relating to qualifications for the scholarship program for special needs students, so as to expand eligibility for the program to certain lawful refugees and asylees; 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 20-2-2114 of the Official Code of Georgia Annotated, relating to qualifications for the scholarship program for special needs students, so as to expand eligibility for the program to certain lawful refugees; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-2114 of the Official Code of Georgia Annotated, relating to qualifications for the scholarship program for special needs students, is amended by revising subsection (a) 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; provided, however, that the one-year requirement shall not apply if the student is a lawful refugee as defined by Title I of the federal Immigration and Nationality Act; (2) The student: (A) Has has one or more of the following disabilities: (A)(i) Autism; (B)(ii) Deaf/blind; (C)(iii) Deaf/hard of hearing; (D)(iv) Emotional and behavioral disorder; (E)(v) Intellectual disability; (F)(vi) Orthopedic impairment; (G)(vii) Other health impairment; (H)(viii) Specific learning disability; (I)(ix) Speech-language impairment; (J)(x) Traumatic brain injury; or (K)(xi) Visual impairment; or
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(B) Is limited-English proficient as defined in 20 U.S.C. Section 7801 and is a lawful refugee as defined by Title I of the federal Immigration and Nationality Act; (3) The student: (A) Has has spent the prior school year in attendance at a Georgia public school and has had an Individualized Education Program 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-bycase 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 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; or (B) Is a lawful refugee as defined by Title I of the federal Immigration and Nationality Act and the parent provides to the department:
(i) The student's valid I-94 documentation designating refugee status; and (ii) Proof that the student resides in the resident school system; (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. All laws and parts of laws in conflict 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 N Barr Y Battles
Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins Y Henson N Hightower Y Hitchens
Y Meadows Y Mitchell N Morris
Mosby Y Nimmer Y Nix Y Oliver Y O'Neal
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R
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E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas N Clark, D N Clark, H Y Clark, V Y Coleman Y Cooke
Y Dickson Y Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon N Gravley Y Greene Y Hamilton
Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs N Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett N Quick Y Raffensperger N Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Stephenson Y Stovall N Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 155, nays 16.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 212. By Representatives Weldon of the 3rd, Cooper of the 43rd, Hawkins of the 27th, Broadrick of the 4th and Spencer of the 180th:
A BILL to be entitled an Act to amend Code Section 43-34-283 of the Official Code of Georgia Annotated, relating to licensure requirements for pain management clinics, so as to revise a provision relating to the health care professionals who must be on-site at a pain management clinic in order for the clinic to provide medical treatment or services; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
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1931
To amend Code Section 43-34-283 of the Official Code of Georgia Annotated, relating to licensure requirements for pain management clinics, so as to revise a provision relating to the health care professionals who must be on-site at a pain management clinic in order for the clinic to provide medical treatment or services; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 43-34-283 of the Official Code of Georgia Annotated, relating to licensure requirements for pain management clinics, is amended by revising subsection (g) as follows:
"(g) No controlled substance shall be prescribed or dispensed in a 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. For purposes of this article, dispensing shall not include the administration of anesthesia pursuant to a physician's order."
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 E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley
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Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H
Clark, V Y Coleman Y Cooke
Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts
Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 385. By Representatives Nimmer of the 178th, Dickey of the 140th, Rogers of the 10th and Coomer of the 14th:
A BILL to be entitled an Act to amend Code Section 31-33-3 of the Official Code of Georgia Annotated, relating to costs of copying and mailing and patient's rights as to records, so as to move responsibility for determining the annual cost adjustment for providing medical records from the Office of Planning and Budget to the Department of Community 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 E Beasley-Teague Y Bell Y Belton
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons
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
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1933
Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway
Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin
Martin Maxwell Y Mayo Y McCall Y McClain
Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 110. By Representatives Roberts of the 155th, Turner of the 21st, McCall of the 33rd, Fleming of the 121st and LaRiccia of the 169th:
A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to provide for the sale of consumer fireworks; to provide for definitions; to provide for licensing; to revise penalties; to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to provide for an excise tax on the sale of consumer fireworks; to provide for criminal penalties; 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 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to provide for the sale of consumer fireworks; to provide
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for definitions; to provide for licensing; to revise penalties; to provide for enforcement of said chapter; to render certain devices unlawful that require a flame for propulsion or lighting; to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to provide for an excise tax on the sale of consumer fireworks; to provide for criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, is amended by revising Code Section 25-10-1, relating to definitions, as follows:
"25-10-1. (a) As used in this chapter, the term:
(1) 'Consumer fireworks' means any small fireworks devices containing restricted amounts of pyrotechnic composition, designed primarily to produce visible or audible effects by combustion, that comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission as provided for in Parts 1500 and 1507 of Title 16 of the Code of Federal Regulations, the United States Department of Transportation as provided for in Part 172 of Title 49 of the Code of Federal Regulations, and the American Pyrotechnics Association as provided for in the 2001 American Pyrotechnics Association Standard 87-1. (2) 'Consumer fireworks retail sales facility' shall have the same meaning as provided for by NFPA 1124. (1)(3) 'Fireworks' means any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, including blank cartridges, balloons requiring fire underneath to propel them, firecrackers, torpedos, skyrockets, Roman candles, bombs, sparklers, and other combustibles and explosives of like construction, as well as articles containing any explosive or flammable compound and tablets and other devices containing an explosive substance. (4) 'NFPA 1124' means the National Fire Protection Association Standard 1124, Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 Edition. (5) 'Nonprofit group' means any entity exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986. (6) 'Permanent building' shall have the same meaning as provided for by NFPA 1124. (2)(7) 'Proximate audience' means an audience closer to pyrotechnic devices than permitted by the National Fire Protection Association Standard 1123, Code for Fireworks Display, as adopted by the Safety Fire Commissioner. (3)(8) 'Pyrotechnics' means fireworks.
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(9) 'Store' shall have the same meaning as provided for by NFPA 1124. (10) 'Consumer fireworks retail sales stand' shall have the same meaning as provided for by NFPA 1124 and shall include a tent, canopy, or membrane structure. (b) As used in this chapter, the term 'consumer fireworks' or 'fireworks' shall not include: (1) Model rockets and model rocket engines designed, sold, and used for the purpose of propelling recoverable aero models, toy pistol paper caps in which the explosive content averages 0.25 grains or less of explosive mixture per paper cap or toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps; nor shall the term 'consumer fireworks' or 'fireworks' include ammunition consumed by weapons used for sporting and hunting purposes; and (2) Wire or wood sparklers of 100 grams or less of mixture per item; other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical compound per tube or a total of 200 500 grams or less for multiple tubes; snake and glow worms; smoke devices; or trick noise makers which include paper streamers, party poppers, string poppers, snappers, and drop pops each consisting of 0.25 grains or less of explosive mixture."
SECTION 2. Said chapter is further amended by revising Code Section 25-10-2, relating to prohibited fireworks activities, as follows:
"25-10-2. (a) It shall be unlawful for any person, firm, corporation, association, or partnership to offer for sale at retail or wholesale, to use or explode or cause to be exploded, or to possess, manufacture, transport, or store any consumer fireworks or fireworks, except as otherwise provided in this chapter.
(b)(1) Notwithstanding any provision of this chapter to the contrary, it shall be unlawful for any person, firm, corporation, association, or partnership to sell to any person under 18 years of age consumer fireworks or any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1 to any person under 18 years of age. (2) It shall be unlawful to sell consumer fireworks or any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1 to any person by any means other than an in-person, face-to-face sale. Such person shall provide proper identification to the seller at the time of such purchase. For purposes of this paragraph, the term 'proper identification' means any document issued by a governmental agency containing a description of the person, or such person's photograph, or both, and giving such person's date of birth and includes without being limited to, a passport, military identification card, driver's license, or an identification card authorized under Code Sections 40-5-100 through 40-5-104. (3) It shall be unlawful to use consumer fireworks or any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1 indoors.
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(4)(A) It shall be lawful for any person 18 years of age or older to use or explode or cause to be exploded or to possess, manufacture, transport, or store consumer fireworks. (B) It shall be lawful for any person who is 16 or 17 years of age to possess consumer fireworks, provided that such person is serving as an assistant to a licensee licensed under subsection (e) of Code Section 25-10-5.1 or the nonprofit group of which such licensee is acting as an agent or bona fide representative. (5)(A) It shall be lawful for any person 18 years of age or older to sell or to offer for sale at retail or wholesale any consumer fireworks, provided that such person first obtains a license from the Safety Fire Commissioner as provided for in Code Section 25-10-5.1. (B) It shall be lawful for any person who is 16 or 17 years of age to sell or to offer for sale at retail or wholesale any consumer fireworks, provided that such person is serving as an assistant to a licensee licensed under subsection (e) of Code Section 25-10-5.1 or the nonprofit group of which such licensee is acting as an agent or bona fide representative. (6) It shall be lawful to sell consumer fireworks from a permanent building, store, or temporary consumer fireworks retail sales stand if such permanent building, store, or temporary consumer fireworks retail sales stand is in compliance with the requirements for such a permanent building, store, or temporary consumer fireworks retail sales stand in the selling of consumer fireworks as provided for in NFPA 1124. It shall be unlawful to sell consumer fireworks from a motor vehicle or from a trailer towed by a motor vehicle. (7) It shall be unlawful for any person to offer for sale any consumer fireworks from a temporary consumer fireworks retail sales stand unless such person in so doing is acting as an agent or bona fide representative of a nonprofit group or as an assistant to such agent or bona fide representative."
SECTION 3. Said chapter is further amended by adding a new Code section to read as follows:
"25-10-5.1. (a) The Safety Fire Commissioner shall only issue a license to sell consumer fireworks to an applicant who:
(1) Complies with all the requirements of this chapter; (2) Has not been convicted of a violation of a felony involving consumer fireworks, fireworks, or explosives or has not been assessed a civil penalty pursuant to Code Section 48-13-132 within the five years preceding the date of his or her application; and (3) Maintains at all times public liability and product liability insurance with minimum coverage limits of $2 million to cover the losses, damages, or injuries that might ensue to persons or property as a result of the licensee selling consumer fireworks.
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(b) The initial license fee for any person offering consumer fireworks for sale on behalf of himself or herself or a firm, corporation, association, or partnership from a permanent consumer fireworks retail sales facility shall be $5,000.00 per year and location, payable to the Safety Fire Commissioner. Such initial license shall accrue to the benefit of the person offering consumer fireworks for sale at the permanent consumer fireworks retail sales facility location provided for by the license or, if on behalf of a firm, corporation, association, or partnership, to the benefit of such firm, corporation, association, or partnership at the permanent consumer fireworks retail sales facility location provided for by the license. Such initial license shall expire on January 31 of the year after such initial license was issued. After such initial license, such person on behalf of himself or herself or the firm, corporation, association, or partnership on whose behalf the initial license was issued, or another person on behalf of such firm, corporation, association, or partnership, may annually renew such initial license for $1,000.00 per year, payable to the Safety Fire Commissioner. Such annual license shall expire on January 31 of each year. (c) The license fee for a person offering consumer fireworks for sale from a temporary consumer fireworks retail sales stand as an agent or bona fide representative of a nonprofit group shall be $200.00 per location, payable to the Safety Fire Commissioner, and shall expire 90 days after the issuance of such license. Such license shall accrue to the benefit of such nonprofit group offering consumer fireworks for sale at the temporary consumer fireworks retail sales stand location provided for by the license. (d) The annual license fee for any person offering consumer fireworks for sale on behalf of himself or herself or a firm, corporation, association, or partnership from a store shall be $100.00 per year and location, payable to the Safety Fire Commissioner. Such annual license shall accrue to the benefit of the person offering consumer fireworks for sale at the store location provided for by the license or, if on behalf of a firm, corporation, association, or partnership, to the benefit of such firm, corporation, association, or partnership at the store location provided for by the license. Such annual license shall expire on January 31 of each year. (e) Any person issued a license under this Code section, whether on behalf of himself or herself or a firm, corporation, association, or partnership, may have assistants under his or her control conducting the sale of consumer fireworks, provided that such assistants are 16 years of age or older as provided for in Code Section 25-10-2."
SECTION 4. Said chapter is further amended by revising Code Section 25-10-6, relating to fireworks manufactured, sold, or stored in violation of this chapter declared contraband and seizure and disposition, as follows:
"25-10-6. The state fire marshal shall enforce the provisions of this chapter. All fireworks manufactured, offered for sale, exposed for sale, or stored in violation of this chapter are declared to be contraband and may be seized, taken, and removed, or caused to be
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removed and destroyed at the expense of the owner thereof by the state fire marshal, the Georgia State Patrol, or any sheriff or local police official."
SECTION 5. Said chapter is further amended by revising Code Section 25-10-9, relating to penalty for illegal sale of sparklers or other devices, as follows:
"25-10-9. Notwithstanding any provision of this chapter to the contrary, any person, firm, corporation, association, or partnership who or which that knowingly violates subsection (b) of Code Section 25-10-2 this chapter may be punished by a fine not to exceed $100.00 $2,500.00. Each sales transaction in violation of subsection (b) of Code Section 25-10-2 this chapter shall be a separate offense."
SECTION 6. Said chapter is further amended by adding a new Code section to read as follows:
"25-10-10. It shall be unlawful for any person, firm, corporation, association, or partnership to release or cause to be released any balloon, bag, parachute, or other similar device which requires fire underneath for propulsion or to release or cause to be released any floating water lantern or wish lantern which uses a flame to create a lighting effect in any public waterway, lake, pond, stream, or river."
SECTION 7. Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, is amended by adding a new article to read as follows:
"ARTICLE 7
48-13-130. As used in this article, the term:
(1) 'Consumer fireworks' shall have the same meaning as provided for in Code Section 25-10-1. (2) 'Seller' means the person who is issued a license pursuant to Code Section 25-105.1.
48-13-131. (a) An excise tax, in addition to all other taxes of every kind imposed by law, is imposed upon the sale of consumer fireworks and any items provided for in paragraph (2) of subsection (b) of Code Section 25-10-1 in this state at a rate of 5 percent per item sold. (b) The excise tax imposed by this article shall be paid by the seller and due and payable in the same manner as would be otherwise required under Article 1 of Chapter 8 of this title.
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48-13-132. A seller who knowingly and willfully violates the requirements of this article shall be assessed a civil penalty of not more than $10,000.00 in addition to the amount of tax due.
48-13-133. The department is authorized to adopt rules and regulations necessary for the enforcement and implementation of the provisions of this Code section."
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Hamilton of the 24th offers the following amendment:
Amend the House Committee on Regulated Industries substitute to HB 110 (LC 36 2743S) by inserting after "lightning;" on line 4 the following: 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 allow for local governments to further regulate or prohibit the sale of consumer fireworks from a temporary consumer fireworks retail sales stand;
By deleting line 44 and inserting in lieu thereof the following: by NFPA 1124.
By deleting line 101 and inserting in lieu thereof the following: to sell consumer fireworks from any tent, canopy, membrane structure, or motor vehicle or from a trailer towed by a motor
By deleting lines 103 through 106 and inserting in lieu thereof the following: (7)(A) It shall be unlawful for any person to offer for sale any consumer fireworks from a temporary consumer fireworks retail sales stand unless such person in so doing is acting as an agent or bona fide representative of a nonprofit group or as an assistant to such agent or bona fide representative. (B) It shall be unlawful for a nonprofit group or any agent or bona fide representative of a nonprofit group to lend the name of the nonprofit group or allow the identity of the nonprofit group to be used in the operation or advertising of a temporary consumer fireworks retail sales stand for which such nonprofit group is not directly participating in operating. (C) It shall be unlawful for any person other than a nonprofit group to benefit financially from the sales of consumer fireworks in a temporary consumer fireworks retail sales stand. No profits, revenues, or other financial benefits shall accrue to
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any person other than a nonprofit group from the sales of consumer fireworks in any temporary consumer fireworks retail sales stand."
By adding after the period at the end of line 138 the following: The Safety Fire Commissioner shall issue no more than two licenses per county per calendar year for the sale of consumer fireworks from a temporary consumer fireworks retail sales stand. No license for the sale of consumer fireworks from a temporary consumer fireworks retail sales stand shall be issued for a location if such location is within a county or municipal corporation that has prohibited sales from temporary consumer fireworks retail sales stands pursuant to Code Section 36-60-24.
By inserting between lines 177 and 178 the following:
SECTION 6A.
Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to provisions applicable to counties and municipal corporations, is amended by adding a new subsection and revising subsection (c) of Code Section 36-60-24, relating to the sale of products or services, as follows:
"(c) Notwithstanding subsections (a) and (b) of this Code section, the governing authority of a county or municipal corporation may further regulate or prohibit the sale of consumer fireworks from a temporary consumer fireworks retail sales stand. For purposes of this subsection, the terms 'consumer fireworks' and 'consumer fireworks retail sales stand' shall have the same meanings as provided in Code Section 25-10-1. (c)(d) Any ordinance enacted before, on, or after July 1, 2006, by a county or municipal corporation in violation of this Code section is void."
The Committee substitute, as amended, was adopted.
Pursuant to Rule 133, Representative Sharper of the 177th was excused from voting on HB 110.
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
Y Coomer N Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey
Dickerson Y Dickey
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower N Hitchens
N Meadows Y Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver Y O'Neal
Y Smith, E Y Smith, L N Smith, M N Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R
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E Beasley-Teague N Bell N Belton N Bennett
Bentley N Benton Y Beskin Y Beverly Y Broadrick Y Brockway
Brooks N Bruce Y Bryant N Buckner N Burns N Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler N Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Dickson N Dollar N Douglas E Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan N Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming N Floyd Y Fludd Y Frazier N Frye N Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
N Holcomb Y Holmes N Houston Y Howard N Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L N Jones, S Y Jordan N Kaiser Y Kelley Y Kendrick N Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra N Marin Y Martin Y Maxwell N Mayo Y McCall N McClain
Y Pak Y Parrish N Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes N Rice Y Roberts N Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler
Sharper Y Shaw Y Sims
Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin N Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. Y Thomas, E N Trammell Y Turner N Waites Y Watson Y Welch Y Weldon Y Werkheiser N Wilkerson N Wilkinson N 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 119, nays 49.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 397. By Representatives Knight of the 130th, Roberts of the 155th, Houston of the 170th, Nimmer of the 178th, McCall of the 33rd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to revise provisions relating to the State Soil and Water Conservation Commission; to provide for administrative attachment; to provide for appointment to the commission; to remove authority related to eminent domain; to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to erosion and sedimentation control, so as to provide for erosion manual publication oversight; 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:
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A BILL TO BE ENTITLED AN ACT
To amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to revise provisions relating to the State Soil and Water Conservation Commission; to provide for administrative attachment; to provide for appointment to the commission; to remove authority related to eminent domain; to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to erosion and sedimentation control, so as to provide for erosion manual publication oversight; 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 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, is amended by revising Code Section 2-6-23, relating to establishment of the State Soil and Water Conservation Commission, as follows:
"2-6-23. (a) There is established, to serve as an agency of the state and to perform the functions conferred upon it in this article, the State Soil and Water Conservation Commission. The commission shall be assigned to the Department of Agriculture for administrative purposes only, as prescribed in Code Section 50-4-3. (b) Five district soil and water conservation supervisors, who shall be appointed by the Governor as provided in this Code section, shall serve as members of the commission. Commencing with appointments for the year 1977, the Governor shall appoint to the commission one supervisor from each of the five Georgia Association of Conservation District Supervisors' groups. Commencing with appointments for the year 2015, the Governor shall appoint one at-large member from each of the five soil and water conservation district regions to serve on the commission. Such initial appointments were shall be for terms of office of one, two, three, four, and five years, respectively. Thereafter, successors shall be appointed for terms of office of five years and until their successors are duly appointed. (c) The following persons shall serve ex officio in an advisory capacity to the State Soil and Water Conservation Commission:
(1) The director of the Cooperative Extension Service; (2) The commissioner of natural resources; (3) The director of experiment stations of the College of Agricultural and Environmental Sciences of the University of Georgia; (4) The executive director of the Agricultural Stabilization Conservation Service; (5) The Georgia state director of the Farmer's Home Administration; (6) The director of the Southern Piedmont Conservation Research Center;
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(7) The president of the Georgia Association of Conservation District Supervisors; (8) The director of the State Forestry Commission; (9) The Georgia supervisor of national forests of the U.S. Forestry Service; (10) The state conservationist of the U.S. Soil Conservation Service; (11) The dean of the College of Agricultural and Environmental Sciences of the University of Georgia; (12) The state supervisor of agricultural education in this state; (13) The Commissioner of Agriculture; and (14) Such other representatives of state or federal agencies as the commission deems desirable. (d) The commission shall adopt a seal, which shall be judicially noticed. It may perform such acts, hold such public hearings, and promulgate such rules and regulations as may be necessary for the execution of its functions under this article."
SECTION 2. Said article is further amended by revising Code Section 2-6-27, relating to additional duties and powers of the commission, as follows:
"2-6-27. In addition to the duties and powers otherwise conferred upon the commission, it shall have the following duties and powers:
(1) To offer such assistance as may be appropriate to the supervisors of the soil and water conservation districts in the carrying out of any of their powers and programs; (2) To keep the supervisors of each of the districts informed of the activities and experiences of all the other districts and to facilitate an interchange of advice, experience, and cooperation between such districts; (3) To coordinate the programs of the districts so far as this may be done by advice and consultation; (4) To secure the cooperation and assistance of the United States and any of its agencies and of the agencies and counties of this state in the work of such districts; (5) To disseminate information throughout this state concerning the activities and programs of the districts and to encourage the formation of such districts in areas where their organization is desirable; (6) To receive gifts, appropriations, materials, equipment, land, and facilities and to manage, operate, and disperse the same; (7) To formulate such rules and regulations, to exercise such powers, and to perform such duties as are necessary to implement the administration of the federal Watershed Protection and Flood Prevention Act; (7.1) To formulate such rules and regulations in consultation with the Environmental Protection Division of the Department of Natural Resources, to exercise such powers, and to perform such duties as are necessary to implement the administration of the education and training program established under Code Section 12-7-19;
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(7.2) To formulate such rules and regulations and to exercise such powers as are necessary to perform its duties under subsection (m.1) of Code Section 12-5-31 and subsection (b.1) of Code Section 12-5-105; (8) To enter into contracts and agreements with the districts, municipalities, and counties of this state, other agencies of this state, the United States and any agencies thereof, any association, any landowner or land occupier, or any person in order to carry out the purposes of this article; and (9) To receive grants from any agency of the United States government or any agency of this state, and to make grants to districts, municipalities, or counties in this state, or other state agencies in order to:
(A) Fund up to 20 percent of the cost of obtaining permits for and constructing improvements to any dam that was originally constructed or financially assisted by the Natural Resources Conservation Service, formerly known as the Soil Conservation Service, of the United States Department of Agriculture; or (B) Fund up to 40 percent of the cost of obtaining a permit under Section 404 of the federal Clean Water Act, 33 U.S.C. Section 1344, for the construction of any new public water supply reservoir. In awarding any grants under this subparagraph, the commission shall consider regional effects and water supply yield of the proposed reservoir, anticipated population growth, and local government funding commitment; or (C) Carry out other purposes of this article."
SECTION 3. Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to erosion and sedimentation control, is amended in Code Section 12-7-3, relating to definitions, by redesignating paragraph (10.1) as paragraph (10.2) and by adding a new paragraph to read as follows:
"(10.1) 'Manual for Erosion and Sediment Control in Georgia' or 'manual' means the published guidance of the commission governing the design and practices to be utilized in the protection of this state's natural resources from erosion and sedimentation which shall be based foremost upon sound engineering principles and repeatable bench and field testing of structural and vegetative best management practices and which shall have the annual approval of the Erosion and Sediment Control Overview Council established pursuant to Code Section 12-7-7.1."
SECTION 4. Said chapter is further amended in Code Section 12-7-7.1, relating to erosion and sediment control plan preparation, completion, and implementation, by revising subsection (f) as follows:
"(f)(1) There shall be an Erosion and Sediment Control Overview Council which shall approve the Manual for Erosion and Sediment Control in Georgia prior to publication by the commission. In addition, the council shall provide guidance on the best management practices for implementing any erosion and sediment control plan
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for purposes of this Code section. The council shall be composed of nine members, including one member of the House of Representatives who shall be appointed by the Speaker of the House of Representatives and serve at the pleasure thereof; one member of the Senate who shall be appointed by the Lieutenant Governor and serve at the pleasure thereof; and seven members who shall be appointed by the Governor and serve at the pleasure thereof, including one employee each from the Department of Transportation, the Environmental Protection Division of the Department of Natural Resources, and the Georgia Regional Transportation State Road and Tollway Authority, a professional engineer licensed to practice in this state from a private engineering consulting firm practicing environmental engineering, two representatives of the highway contracting industry certified by the Department of Transportation, and a chairperson. The council shall meet prior to December 1, 2015, to approve the most current version of the manual and at all other times as necessary to approve any subsequent changes or updates to the manual prior to its implementation. Such meetings shall be held at the call of the chairperson. Each councilmember shall receive a daily allowance in the amount specified in subsection (b) of Code Section 45-7-21; provided, however, that any full-time state employee serving on the council shall draw no compensation but shall receive necessary expenses. The commissioner is authorized to pay such compensation and expenses from department funds. (2) The council may develop recommendations governing the preparation of plans and the installation and maintenance of best management practices. If a dispute concerning the requirements of this Code section should arise, the Erosion and Sediment Control Overview Council shall mediate the dispute."
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens
Y Meadows Y Mitchell
Morris Y Mosby Y Nimmer Y Nix N Oliver Y O'Neal
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R
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E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway
Brooks Y Bruce Y Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Dickson Y Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England N Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier N Frye Y Gardner
Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Holcomb N Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince
Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge N Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Stephenson Y Stovall N Stover Y Strickland Y Tankersley N Tanner N Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E N Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 156, nays 12.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Education:
HB 502. By Representatives Dudgeon of the 25th, Coleman of the 97th, Clark of the 101st, 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 Official Code of Georgia Annotated, relating to elementary and secondary education, so as to update and clarify provisions in law and to repeal obsolete provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Speaker announced the House in recess until 1:30 o'clock, this afternoon.
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AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 602. By Representatives Coleman of the 97th, Nix of the 69th, Holmes of the 129th, Ralston of the 7th, Burns of the 159th and others:
A RESOLUTION honoring the life and memory of C. Glenn Hartley and inviting his wife and children to be recognized by the House of Representatives; and for other purposes
HR 603. By Representatives Harden of the 148th, McCall of the 33rd, Epps of the 144th, Dickey of the 140th, Jasperse of the 11th and others:
A RESOLUTION congratulating Christopher and Ginger Martin upon being honored with the 2015 National Outstanding Young Farmer award and inviting them, their two children, Grantson and Wellsley, and Mark Freeman to be recognized by the House of Representatives; and for other purposes.
HR 604. By Representatives Willard of the 51st, Wilkinson of the 52nd, Jacobs of the 80th and Dollar of the 45th:
A RESOLUTION congratulating and commending Boy Scout Troop 463 of Sandy Springs, Georgia, on its 50th anniversary and inviting members of the troop to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 605. By Representatives Smyre of the 135th, Hugley of the 136th, Smith of the 134th, Buckner of the 137th, Pezold of the 133rd and others:
A RESOLUTION commending Gamma Psi Boule, a chapter of Sigma Pi Phi Fraternity, and recognizing March 11, 2015, as Gamma Psi Boule Recognition Day at the state capitol; and for other purposes.
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HR 606. By Representative Cheokas of the 138th:
A RESOLUTION recognizing and commending Ms. Laurene Guthas for her outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 607. By Representatives Smith of the 70th, Geisinger of the 48th, Martin of the 49th, Parsons of the 44th, Stephens of the 164th and others:
A RESOLUTION recognizing and commending the Consulate General of Canada in Atlanta, members of the Legislative Assembly from the Province of Saskatchewan, SaskPower, the Petroleum Technology Research Centre, and the Southern States Energy Board; and for other purposes.
HR 608. By Representative Cheokas of the 138th:
A RESOLUTION recognizing and commending Ms. Connie Gurley, RN, extraordinary nurse and outstanding Georgia citizen; and for other purposes.
HR 609. By Representatives Anderson of the 92nd, Chandler of the 105th, Randall of the 142nd, Hugley of the 136th, Beskin of the 54th and others:
A RESOLUTION commending the Georgia Legislative Women's Caucus Servant Leadership Award recipients and recognizing March as Women's History Month 2015 at the state capitol; and for other purposes.
HR 610. By Representatives Jordan of the 77th, Brooks of the 55th, Dickey of the 140th, Randall of the 142nd, Beverly of the 143rd and others:
A RESOLUTION recognizing and commending Bethel AME Church on the occasion of its 145th anniversary; and for other purposes.
HR 611. By Representative Reeves of the 34th:
A RESOLUTION commending Kennesaw Mountain High School's Justan Rivera for winning the Class AAAAAA Wresting State Championship; 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:
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HB 353. By Representative Rogers of the 29th:
A BILL to be entitled an Act to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to nonpublic postsecondary educational institutions; to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Administrative Procedure Act, so as to exempt the commission from the Georgia Administrative Procedure 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 Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to nonpublic postsecondary educational institutions, so as to revise definitions relative to said part; to revise provisions relating to educational institutions exempted from application of said part; to change the membership and rules of the Nonpublic Postsecondary Education Commission; to revise terminology; to revise procedures concerning applications to operate or conduct postsecondary activities; to revise surety bond requirements; to change provisions regarding the filing of a complaint against institutions or agents; to revise procedures for hearings and review by the commission; to revise provisions applicable to the Tuition Guaranty Trust Fund; to allow for the provision of consumer information to prospective and currently enrolled students; to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Administrative Procedure Act, so as to exempt the commission from the Georgia Administrative Procedure 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. Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to nonpublic postsecondary educational institutions, is amended in Code Section 20-3-250.2, relating to definitions, by revising paragraphs (11.1), (16), and (26), as follows:
"(11.1) 'Gross tuition' means the total amount collected by a postsecondary educational institution during the most recently completed 12 month fiscal year, reduced only by the amount of refunds paid during the fiscal year, for tuition, application fees, registration fees, and those other fees deemed appropriate by rule or regulation of the commission; provided, however, that for a postsecondary educational institution located outside of this state which is authorized only for the
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purpose of advertising and recruiting in this state, or is authorized only for the purpose of offering instruction by correspondence or any telecommunications or electronic media technology, or a combination of these purposes, 'gross tuition' means only the amount of such tuition and fees collected from residents of this state while such residents reside in this state." "(16) 'Postsecondary degree' means a credential conferring on the recipient thereof the title of 'Associate,' 'Bachelor,' 'Master,' 'Specialist,' or 'Doctor,' or an equivalent title, signifying educational attainment based on:
(A) Study; (B) A substitute for study in the form of equivalent experience or achievement testing; or (C) A combination of the foregoing, provided that 'postsecondary degree' shall not include any honorary degree or other so-called 'unearned' degree." "(26) 'To operate' an educational institution, or like term, means to establish, keep, or maintain any facility or location in this state where, from which, or through which education is offered or given or educational credentials are offered or granted and includes contracting with any person, group, or entity to perform any such act and to conduct postsecondary activities within this state or from a location outside of this state by correspondence or by any telecommunications or electronic media technology, provided that such educational institution specifically recruits persons located within this state or has a physical presence within this state."
SECTION 2. Said part is further amended in Code Section 20-3-250.3, relating to educational institutions exempted from application of part, by revising subsection (a) as follows:
"(a) The following education and postsecondary educational institutions are exempted from this part except as expressly provided to the contrary:
(1) Institutions exclusively offering instruction at any or all levels from preschool through the twelfth grade regardless of the age of the student; (2) Education sponsored by a bona fide trade, business, professional, or fraternal organization, so recognized by the commission, solely for that organization's membership or offered on a no-fee basis, not granting degrees; (3) Education solely avocational or recreational in nature, as determined by the commission, and institutions, not granting degrees, offering such education exclusively; (4) Postsecondary educational institutions established, operated, and governed, or licensed by this state, its agencies, or its political subdivisions, as determined by the commission; (5) Any flight school which holds an applicable federal air agency certificate issued by the administrator of the Federal Aviation Administration; (6) Nonpublic, nonprofit, postsecondary educational institutions which demonstrate annually to the satisfaction of the commission that their purposes are solely to provide programs of study in theology, divinity, religious education, and ministerial training,
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and that they do not grant postsecondary degrees of a nonreligious nature and that such institutions:
(A) Accept no federal or state funds; and (B) Accept no student who has a federal or state education loan to attend such institutions; (7) Subject to the requirements of subsection (c) of Code Section 20-3-250.6, nonpublic law schools not accredited by the American Bar Association which are subject to the regulations and standards established by the Georgia Supreme Court for such schools; (8) Nonpublic postsecondary educational institutions conducting postsecondary activity on the premises of military installations located in this state which are solely for military personnel stationed on active duty at such military installations, their dependents, or Department of Defense employees and other civilian employees of that installation; (9) A school where the sole purpose of the instructional program is review or preparation for a specific occupational examination recognized by a government agency or bona fide trade, business, or fraternal organization and where the student's occupational training received from another school already makes the student eligible to sit for the examination; (10) Subject to the requirements of subsection (c) of Code Section 20-3-250.6, any nonpublic, nonprofit college or university granting baccalaureate degrees whose principal office and campus are located in this state and its related graduate and professional programs, which have been in existence ten or more years as a nonpublic, nonprofit college or university prior to July 1, 1989, and is accredited by a national or regional accrediting agency recognized by the United States Department of Education; provided, however, that such nonpublic, nonprofit college or university shall be subject to the provisions of Code Section 20-3-250.14 for the purposes of satisfying the requirements of 34 C.F.R. Section 668.43(b) and shall designate the commission as the recipient of complaints from students of such nonpublic, nonprofit college or university as a prerequisite for such nonpublic, nonprofit college's or university's acceptance of federal student financial aid funds; and provided, further, that the designation provided for under this paragraph shall be provided solely to the extent necessary for institutional compliance of such nonpublic, nonprofit college or university with the laws and regulations governing federal student financial aid and shall not affect, rescind, or supersede any preexisting authorizations, charters, or recognition; (11) Subject to the requirements of subsection (c) of Code Section 20-3-250.6, any nonpublic institute of paper science and technology offering graduate degrees and which is allied with a public research university and accredited by a national or regional accrediting agency recognized by the United States Department of Education; (12)(11) Subject to the requirements of subsection (c) of Code Section 20-3-250.6, any liberal arts college or university whose principal office and campus are located in
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this state and its related graduate and professional programs, if any, which was chartered prior to 1955 as a nonpublic, nonprofit, degree-granting institution, provided that it is accredited by a regional or national accrediting agency recognized by the United States Department of Education; and provided, further, that such liberal arts college or university shall be subject to the provisions of Code Section 20-3250.14 for the purposes of satisfying the requirements of 34 C.F.R. Section 668.43(b) and shall designate the commission as the recipient of complaints from students of such liberal arts college or university as a prerequisite for such liberal arts college's or university's acceptance of federal financial aid funds; and provided, further, that the designation provided for under this paragraph shall be provided solely to the extent necessary for institutional compliance of such liberal arts college or university with the laws and regulations governing federal student financial aid and shall not affect, rescind, or supersede any preexisting authorizations, charters, or recognition; (13)(12) Any institution offering only education or training in income tax theory or income tax return preparation when the total contract price for such education or training does not exceed $400.00 $1,000.00, provided that the total charges incurred by any student for all instruction, other than instruction which is solely avocational or recreational in nature as provided in paragraph (3) of this subsection, do not exceed $400.00 $1,000.00 in any one calendar year; (14)(13) Subject to the requirements of subsection (c) of Code Section 20-3-250.6, any nonpublic medical school accredited by the Liaison Committee on Medical Education and a national or regional accrediting agency recognized by the United States Department of Education; and (15)(14) Any college or university that confers both associate and baccalaureate or higher degrees, that is accredited by the Southern Association of Colleges and Schools, College Division, that is operated in a proprietary status, that provides a $200,000.00 surety bond, and that contributes to the Tuition Guaranty Trust Fund pursuant to Code Section 20-3-250.27; provided, however, that such college or university shall be subject to the provisions of Code Section 20-3-250.14 for the purposes of satisfying the requirements of 34 C.F.R. Section 668.43(b) and shall designate the commission as the recipient of complaints from students of such college or university as a prerequisite for such college's or university's acceptance of federal student financial aid funds; and provided, further, that the designation provided for under this paragraph shall be provided solely to the extent necessary for institutional compliance of such college or university with the laws and regulations governing federal student financial aid and shall not affect, rescind, or supersede any preexisting authorizations, charters, or recognition."
SECTION 3. Said part is further amended in Code Section 20-3-250.4, relating to the Nonpublic Postsecondary Education Commission and membership, by revising subsections (a), (e), and (g) as follows:
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"(a) There is established the Nonpublic Postsecondary Education Commission consisting of 14 15 members who shall be appointed by the Governor and confirmed by the Senate. One member shall be appointed from each congressional district and the remaining members member shall be appointed as an at-large members member. The first members appointed to the commission shall be appointed for terms of office beginning July 1, 1991, with four of those members to serve initial terms of one year each, four of those members to serve initial terms of two years each, and four of those members to serve initial terms of three years each. The initial terms of office shall be specified in the appointment. After these initial terms, members Members serving a term of appointment on January 1, 2015, shall complete their terms of appointment, thereafter members of the commission shall be appointed for terms of three years each. Each member shall serve for the term of office to which the person is appointed and until a successor is appointed, confirmed, and qualified. Members may be appointed to succeed themselves but shall not serve for more than two full consecutive terms." "(e) The commission shall meet at least quarterly on the call of the chairperson or upon the written petition of at least seven members a majority of the commission." "(g) A majority of the currently appointed commission shall constitute a quorum for the conduct of business, but not less than seven voting members must concur in order for the commission to take official action."
SECTION 4. Said part is further amended in Code Section 20-3-250.5, relating to the administration of the Nonpublic Postsecondary Education Commission and general powers and duties, by revising subsection (d) as follows:
"(d) The commission shall establish separate divisions listings for degree-granting institutions and nondegree-granting institutions. All standards, rules, regulations, and policies adopted by the commission pursuant to this part shall identify the division listings to which such standards, rules, regulations, and policies are applicable."
SECTION 5. Said part is further amended in Code Section 20-3-250.8, relating to applications to operate or conduct postsecondary activities, by revising subsection (f) as follows:
"(f) The authorization to operate shall be issued to the owner or governing body of the applicant institution and shall be nontransferable. In the event of a change in ownership of the institution, a new owner or governing body must, shall within ten days after the change in ownership, apply notify the commission in writing and shall within 30 days after the change in ownership make application to the commission for a new authorization to operate; and in the event of failure to do so, the institution's authorization to operate shall terminate. Application for a new authorization to operate by reason of change in ownership of the institution shall, for purposes of subsection (b) of Code Section 20-3-250.12, be deemed an application for renewal of the institution's authorization to operate."
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SECTION 6.
Said part is further amended in Code Section 20-3-250.10, relating to filing of surety bond by institutions and agents, by revising subsections (b) and (f) as follows:
"(b)(1) The Except as otherwise provided in paragraph (2) of this subsection, the minimum amount of the bond required by subsection (a) of this Code section shall be based on the gross tuition of the nonpublic postsecondary educational institution during the previous year or on the estimated gross tuition for the current year, whichever is larger, and shall be as follows:
Gross Tuition
Minimum Bond
$
0.00 - $ 50,000.00 .........................................................................$.....2..0..,000.00
50,001.00 - 100,000.00 ..............................................................................3..0..,000.00
100,001.00 - 200,000.00 ..............................................................................5..0..,000.00
200,001.00 - 300,000.00 ..............................................................................7..5..,000.00
300,001.00 - 400,000.00 ............................................................................1..0..0..,000.00
400,001.00 - 500,000.00 ............................................................................1..5..0..,000.00
500,001.00 and over .....................................................................................2..0..0..,000.00
For situations where a nonpublic postsecondary educational institution is unable to secure a bond amount provided for by this subsection, a bank standby letter of credit secured from a federally insured financial institution shall be accepted pursuant to rules and regulations of the commission.
(2) As an alternative to the amount of the bond determined under paragraph (1) of this subsection, the nonpublic postsecondary educational institution shall have the option of filing a bond in an amount equal to the total income collected by the institution during the previous fiscal year or the estimated total income for the current year, whichever is larger; provided, however, the amount so determined shall be rounded off to the next highest $1,000.00." "(f) In lieu of the surety bond provided for in subsections (a) and (b) of this Code section, the commission by rule or regulation may authorize the executive director to accept a property bond when a principal of the nonpublic postsecondary educational institution owns property within the State of Georgia with sufficient equity therein to satisfy the requirements of subsection (b) of this Code section."
SECTION 7.
Said part is further amended in Code Section 20-3-250.14, relating to filing complaints against institutions or agents, as follows:
"20-3-250.14. (a) Any person claiming damage or loss as a result of any act or practice by a nonpublic postsecondary educational institution or its agent, or both, which is a
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violation of this part or of the rules and regulations promulgated pursuant thereto may file with the executive director a verified complaint against such institution or against its agent, or both. A complaint shall be filed with the executive director within a reasonable period of time, as determined by regulations of the commission, after the event giving rise to the complaint. The complaint shall set forth the alleged violation and shall contain such other information as may be required by the commission. A complaint may also be filed with the executive director by the commission's representatives or by the Attorney General. A complainant may also file with the executive director as a representative of a class of complainants. (b) The executive director shall investigate any such complaint and may, at his or her discretion, attempt to effectuate a settlement by persuasion and conciliation. The executive director may shall consider a complaint pursuant to rules, regulations, and procedures promulgated by the commission. after ten days' written notice sent by registered or certified mail or statutory overnight delivery, return receipt requested, to such institution or to such agent, or both, as appropriate, giving notice of a time and place for hearing thereon. Such hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c) If, based upon all the evidence at a hearing or other procedure, the executive director shall find that a nonpublic postsecondary educational institution or its agent, or both, have engaged in or are engaging in any act or practice which violates this part or the rules and regulations promulgated pursuant thereto, the executive director shall issue and cause to be served upon such institution or agent, or both, an order requiring such institution or agent, or both, to cease and desist from such act or practice. Additionally, if the executive director shall find that the complainant or class of complainants has suffered loss or damage as a result of such act or practice, the executive director may, at his or her discretion, award the complainant or class of complainants full or partial restitution for such damage or loss and may impose the penalties provided for in Code Section 20-3-250.21. The executive director may also, as appropriate, based on his or her own investigation or the evidence adduced at such hearing or on the basis of such investigation and evidence, commence an action to revoke an institution's authorization to operate or revoke an agent's permit."
SECTION 8. Said part is further amended in Code Section 20-3-250.15, relating to hearing and review by commission of denial of permit, by revising subsections (c) and (d) as follows:
"(c) Upon receiving such notice from the aggrieved party, the executive director, after consultation with the commission, shall within 30 days fix the time and place for a hearing by the commission within 30 days and shall notify the aggrieved party thereof. (d) At such hearing the party may employ counsel, shall have the right to hear the evidence upon which the action is based, and may present evidence in opposition or in extenuation. The commission as a whole may conduct such hearing and render a decision or the commission may appoint a hearing officer to conduct such hearing and render a decision on behalf of the commission. Such hearing officer may be a member
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of the commission or any other person, other than the executive director or his or her staff, as designated by the commission. The commission by rules and regulations shall provide for the rules of evidence and order and procedure which is to be followed for such hearings. Any member of the commission may participate in such hearing pursuant to this part except where a clear conflict of interest may be designated. The hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any member of the commission may preside except where a clear conflict of interest may be demonstrated."
SECTION 9. Said part is further amended in Code Section 20-3-250.27, relating to the Tuition Guaranty Trust Fund, by revising subsection (a), paragraph (3) of subsection (d), and subsection (e) as follows:
"(a) It is the purpose of this Code section to create a trust fund from participation fees from postsecondary educational institutions to enable such institutions, collectively, to protect students against financial loss when a postsecondary educational institution closes without reimbursing its students and without completing its educational obligations to its students and to provide consumer information, as necessary in the determination of the commission, to prospective and currently enrolled students."
"(3) If earnings from investments, participation fees required under paragraph (2) of this subsection, and claims experience ever cause the balance in the fund to exceed $5,025,000.00 $7,750,000.00, the commission, upon being notified by the board of trustees, shall make refunds to postsecondary educational institutions which have participated in the fund for at least five years, so that the fund balance is reduced to $5 $7.5 million. Any such refund shall be determined by the commission in proportion to the total participation fees paid by a postsecondary educational institution until the time of the refund; provided, however, no reimbursement shall be made to any postsecondary educational institution whose students have been reimbursed from the fund or from bond forfeiture as provided in subsection (g) of this Code section. The commission shall establish by regulation the time and other procedures and requirements for making any such refund, but refunds shall be issued no more than once during a fiscal year." "(e) The annual cost incurred by the commission and by the board of trustees in administering the Tuition Guaranty Trust Fund and providing consumer information as necessary for prospective and currently enrolled students, including expenses incurred in collecting from defaulting postsecondary educational institutions the amounts paid from the fund to or on behalf of students pursuant to the provisions of subsection (g) of this Code section, shall be paid from the fund; provided, however, such annual administrative costs shall not exceed 2.5 percent of the participation fees collected from postsecondary educational institutions fund during the fiscal year. The commission shall issue a report annually to each postsecondary educational institution participating in the fund. The report shall provide an evaluation of the financial condition of the
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fund and a summary of claims paid or other expenditures from the fund during the immediately preceding fiscal year."
SECTION 10. Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Administrative Procedure Act, is amended in Code Section 50-13-2, relating to definitions, by revising paragraph (1) as follows:
"(1) 'Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine contested cases, except the General Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commission; the State Properties Commission; the Board of Bar Examiners; the Board of Corrections and its penal institutions; the State Board of Workers' Compensation; all public authorities except as otherwise expressly provided by law; the State Personnel Board; the Department of Administrative Services or commissioner of administrative services; the Technical College System of Georgia; the Nonpublic Postsecondary Education Commission; the Department of Labor when conducting hearings related to unemployment benefits or overpayments of unemployment benefits; the Department of Revenue when conducting hearings relating to alcoholic beverages, tobacco, or bona fide coin operated amusement machines or any violations relating thereto; the Georgia Tobacco Community Development Board; the Georgia Higher Education Savings Plan; any school, college, hospital, or other such educational, eleemosynary, or charitable institution; or any agency when its action is concerned with the military or naval affairs of this state. The term 'agency' shall include the State Board of Education and Department of Education, subject to the following qualifications:
(A) Subject to the limitations of subparagraph (B) of this paragraph, all otherwise valid rules adopted by the State Board of Education and Department of Education prior to January 1, 1990, are ratified and validated and shall be effective until January 1, 1991, whether or not such rules were adopted in compliance with the requirements of this chapter; and (B) Effective January 1, 1991, any rule of the State Board of Education or Department of Education which has not been proposed, submitted, and adopted in accordance with the requirements of this chapter shall be void and of no effect."
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
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Y Abrams Y Alexander Y Allison
Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague
Bell Y Belton
Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway
Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson E Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway
Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden
Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain
Y Meadows Y Mitchell
Morris Mosby Y Nimmer Y Nix Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Sims
Y Smith, E Y Smith, L
Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Weldon Y Werkheiser 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 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 386. By Representatives Nimmer of the 178th, Dickey of the 140th, Rogers of the 10th and Coomer of the 14th:
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 repeal Chapter 12, relating to the Georgia Coordinating Committee for Rural and Human Services Transportation; to repeal conflicting laws; and for other purposes.
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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison
Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague
Bell Y Belton
Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway
Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson E Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway
Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain
Y Meadows Y Mitchell
Morris Mosby Y Nimmer Y Nix Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Sims
Y Smith, E Y Smith, L
Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Weldon Y Werkheiser 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 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 492. By Representatives Jasperse of the 11th, Powell of the 32nd, Meadows of the 5th, Hightower of the 68th, Ballinger of the 23rd and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and
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safety, so as to revise provisions regarding carrying in unauthorized locations; to amend Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, so as to provide for the disclosure of records relating to licensing and possession of firearms between the judges of the probate court; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to revise provisions regarding carrying in unauthorized locations; to clarify exemptions from weapons carry laws; to provide for a renewal period; to revise definitions; to revise persons to whom no weapons carry license shall be issued; to revise procedures in the renewal of a license; to revise procedures regarding the revocation, loss, or damage to a license; to clarify criteria for the verification of a weapons carry license; to revise provisions regarding preemption of local regulation and lawsuits; to amend Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, so as to provide for the disclosure of records relating to licensing and possession of firearms between the judges of the probate 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. Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, is amended in Code Section 16-11-126, relating to having or carrying handguns, long guns, or other weapons, license requirements, and exceptions for homes, motor vehicles, private property, and other locations and conditions, by adding a new subsection to read as follows:
"(j) Nothing in this Code section shall in any way operate or be construed to affect, repeal, or limit the exemptions provided for under Code Section 16-11-130."
SECTION 2. Said chapter is further amended in Code Section 16-11-127, relating to carrying weapons in unauthorized locations, by revising paragraphs (1) and (7) of subsection (b) and by adding a new subsection to read as follows:
"(1) In a government building as a nonlicense holder;" "(7) Within 150 feet of any polling place when elections are being conducted and such polling place is being used as a polling place as provided for in paragraph (27) of Code Section 21-2-2, except as provided in subsection (i) of Code Section 21-2-413."
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"(f) Nothing in this Code section shall in any way operate or be construed to affect, repeal, or limit the exemptions provided for under Code Section 16-11-130."
SECTION 3. Said chapter is further amended in Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on a bus or other transportation furnished by a school, by adding a new subsection to read as follows:
"(h) Nothing in this Code section shall in any way operate or be construed to affect, repeal, or limit the exemptions provided for under Code Section 16-11-130."
SECTION 4. Said chapter is further amended in Code Section 16-11-127.2, relating to weapons on premises of a nuclear power facility, by adding a new subsection to read as follows:
"(d) Nothing in this Code section shall in any way operate or be construed to affect, repeal, or limit the exemptions provided for under Code Section 16-11-130."
SECTION 5. Said chapter is further amended in Code Section 16-11-129, relating to weapons carry licenses, by revising subsection (a), paragraph (1) of subsection (b), subparagraph (b)(2)(A), paragraphs (1) and (2) of subsection (d), subsection (e), and subsection (l) as follows:
"(a) Application for weapons carry license or renewal license; term. The judge of the probate court of each county may shall, on application under oath, and on payment of a fee of $30.00, and on investigation of applicant pursuant to subsections (b) and (d) of this Code section, issue a weapons carry license or renewal license valid for a period of five years to any person whose domicile is in that county or who is on active duty with the United States armed forces and who is not a domiciliary of this state but who either resides in that county or on a military reservation located in whole or in part in that county at the time of such application. Such license or renewal license shall authorize that person to carry any weapon in any county of this state notwithstanding any change in that person's county of residence or state of domicile. Applicants shall submit the application for a weapons carry license or renewal license to the judge of the probate court on forms prescribed and furnished free of charge to persons wishing to apply for the license or renewal license. An application shall be considered to be for a renewal license if the applicant has a weapons carry license or renewal license with 90 or fewer days remaining before the expiration of such weapons carry license or renewal license or 30 or fewer days since the expiration of such weapons carry license or renewal license regardless of the county of issuance of the applicant's expired or expiring weapons carry license or renewal license. An applicant who is not a United States citizen shall provide sufficient personal identifying data, including without limitation his or her place of birth and United States issued alien or admission number, as the Georgia Bureau of Investigation may prescribe by rule or regulation. An applicant who is in nonimmigrant status shall provide proof of his or her qualifications
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for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). Forms shall be designed to elicit information from the applicant pertinent to his or her eligibility under this Code section, including citizenship, but shall not require data which is nonpertinent or irrelevant, such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant. The Department of Public Safety shall furnish application forms and license forms required by this Code section. The forms shall be furnished to each judge of each probate court within this state at no cost."
"(1) As used in this subsection, the term: (A) 'Armed forces' means active duty or a reserve component of the United States Army, United States Navy, United States Marine Corps, United States Coast Guard, United States Air Force, United States National Guard, Georgia Army National Guard, or Georgia Air National Guard. (A)(B) '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)(C) 'Convicted' means 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)(D) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71. (2) No weapons carry license shall be issued to or maintained by:
(A) Any person 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, which may be in the form of a written letter from his or her commander or a copy of his or her military orders, that he or she is actively serving in currently a member of the armed forces of the United States or has been honorably discharged from such service;"
"(1)(A) 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. (B) For requests for license renewals, the presentation of a weapons carry license issued by any probate judge in this state shall be evidence to the judge of the probate court to whom a request for license renewal is made that the fingerprints of the weapons carry license holder are on file with the judge of the probate court who issued the weapons carry license, and the judge of the probate court to whom a
MONDAY, MARCH 9, 2015
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request for license renewal is made shall, within five business days following the receipt of the request, direct the law enforcement agency to request a nonfingerprint 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 to whom a request for license renewal is made. (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, in the same manner as provided for in subparagraph (d)(1)(B) of this subsection, 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." "(e) Revocation, loss, or damage to license. (1) If, at any time during the period for which the weapons carry license was issued, the judge of the probate court of the county in which the license was issued shall learn or have brought to his or her attention in any manner any reasonable ground to believe the licensee is not eligible to retain the license, the judge may, after notice and hearing, revoke the license of the person upon a finding that such person is not eligible for a weapons carry license pursuant to subsection (b) of this Code section or an adjudication of falsification of application, mental incompetency, or chronic alcohol or narcotic usage. The judge of the probate court shall report such revocation to the Georgia Crime Information Center immediately but in no case later than ten days after such revocation. It shall be unlawful for any person to possess a license which has been revoked pursuant to this paragraph, and any person found in possession of any such revoked license, except in the performance of his or her official duties, shall be guilty of a misdemeanor. (2) If a person is convicted of any crime or involved in any matter which would make the maintenance of a weapons carry license by such person unlawful pursuant to subsection (b) of this Code section, the judge of the superior court or state court hearing such case or presiding over such matter shall inquire whether such person is the holder of a weapons carry license. If such person is the holder of a weapons carry license, then the judge of the superior court or state court shall inquire of such person the county of the probate court which issued such weapons carry license, or if such person has ever had his or her weapons carry license renewed, then of the county of the probate court which most recently issued such person a renewal license. The judge of the superior court or state court shall notify the judge of the probate court of such county of the matter which makes the maintenance of a weapons carry license by such person to be unlawful pursuant to subsection (b) of this Code section. The Council of Superior Court Judges of Georgia and The Council of State Court Judges of Georgia shall provide by rule for the procedures which judges of the superior court and the judges of the state courts, respectively, are to follow for the purposes of this paragraph.
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(3) Loss of any license issued in accordance with this Code section or damage to the license in any manner which shall render it illegible shall be reported to the judge of the probate court of the county in which it was issued within 48 hours of the time the loss or damage becomes known to the license holder. The judge of the probate court shall thereupon issue a replacement for and shall take custody of and destroy a damaged license; and in any case in which a license has been lost, he or she shall issue a cancellation order and notify by telephone and in writing each of the law enforcement agencies whose records were checked before issuance of the original license. The judge shall charge the fee specified in subsection (k) of Code Section 159-60 for such services." "(l) Verification of license. 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 of a license holder, pursuant to a subpoena or court order, or for public safety purposes, but to law enforcement agencies pursuant to paragraph (40) of subsection (a) of Code Section 50-18-72, and for licensing to a judge of a probate court or his or her designee pursuant to paragraph (40) of subsection (a) of Code Section 50-18-72; provided, however, that the judge of a probate court or his or her designee shall not be authorized to provide any further information regarding license holders."
SECTION 6. Said chapter is further amended in Code Section 16-11-173, relating to legislative findings and preemption of local regulation and lawsuits, by revising the introductory language to paragraph (1) of subsection (b), paragraph (1) of subsection (c), and subsection (f) as follows:
"(b)(1) Except as provided in subsection (c) of this Code section, no county or municipal corporation, by zoning, or by ordinance or resolution, or by any other means, nor any agency, board, department, commission, political subdivision, school district, or authority of this state, other than the General Assembly, by rule or regulation or by any other means shall regulate in any manner:" "(c)(1) A county or municipal corporation may regulate the transport, carrying, or possession of firearms by employees of the local unit of government, or by unpaid volunteers of such local unit of government, in the course of their employment or volunteer functions with such local unit of government; provided, however, that the sheriff or chief of police shall be solely responsible for regulating and determining the possession, carrying, and transportation of firearms and other weapons by employees under his or her respective supervision so long as such regulations comport with state and federal law." "(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 means any device designed or intended to be used, or capable of being used, for offense or defense, including but not limited to firearms, bladed devices, clubs, electric stun devices, and defense sprays."
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SECTION 7.
Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, is amended in Code Section 50-18-72, relating to when public disclosure not required, by revising paragraph (40) of subsection (a) as follows:
"(40) Any permanent records maintained by a judge of the probate court pursuant to Code Section 16-11-129, relating to weapons carry licenses, or pursuant to any other requirement for maintaining records relative to the possession of firearms, except to the extent that such records relating to licensing and possession of firearms are sought by law enforcement agencies or a judge of the probate court as provided by law;"
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:
N Abrams Y Alexander Y Allison
Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague
Bell Y Belton
Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway
Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson E Carter E Casas Y Chandler Y Cheokas
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye N Gardner Y Gasaway Y Geisinger E Glanton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard N Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts
Rogers, C Y Rogers, T Y Rutledge Y Rynders
Y Smith, E Y Smith, L
Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Waites Y Watson Y Welch Weldon Y Werkheiser Wilkerson Y Wilkinson Y Willard Williams, A
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Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Scott Y Setzler Y Sharper Y Shaw
Sims
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 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following report of the Committee on Rules was read and adopted:
HOUSE SUPPLEMENTAL RULES CALENDAR MONDAY, MARCH 9, 2015
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 28th Legislative Day as enumerated below:
DEBATE CALENDAR
Modified Open Rule
HB 16
HB 89 HB 253 HB 476 HB 477
Education; no high school which receives funding from Quality Basic Education Act shall participate in or sponsor interscholastic sports events unless students enrolled in magnet schools can participate under certain conditions; provide (Substitute)(Ed-Prince-127th) Drug-free commercial zones; date of incorporation of local ordinances by reference; change (JudyNC-Bruce-61st) Real estate appraisers; requirements for establishment and maintenance of a real estate appraisal management company; change certain provisions (RegI-Ballinger-23rd) Fulton County Industrial District; repeal amendment; provisions (GAff-Fludd-64th) Abandoned public road property; notice and right to acquire when located within a subdivision; provide (Substitute)(Trans-Jones-47th)
Modified Structured Rule
HB 106 HB 215
Highways; revise what constitutes part of the state highway system; provisions (Substitute)(Trans-Roberts-155th) Equalized Homestead Option Sales Tax Act of 2015; enact (Substitute) (W&M-Jacobs-80th)(AM 34 0692)
MONDAY, MARCH 9, 2015
1967
HB 255
State purchasing; equal credits be given to certain forestry certification systems when using green building standards in state construction operation, repair, and renovation projects; require (Substitute)(SPropCheokas-138th)
Pursuant to House Rule 33.3, debate shall be limited to one hour inclusive of the author's time on HB 514, HB 515, and HB 520. Time to be allocated by the Speaker.
HB 514 HB 515 HB 520
South Fulton, City of; Fulton County; incorporate (GAff-Bruce-61st) Tucker, City of; DeKalb County; incorporate (GAff-Mitchell-88th) LaVista Hills, City of; DeKalb County; incorporate (GAff-Taylor-79th) (AM 28 1388)
Structured Rule
HB 20 HB 277
State income tax; certain allocations to owners of certain entities shall be governed by Georgia law; clarify (W&M-Carson-46th) Sales and use tax; value all flooring samples at the same rate for purposes of fair market value (W&M-Broadrick-4th)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 253. By Representatives Ballinger of the 23rd, Benton of the 31st, Harrell of the 106th, Teasley of the 37th, Maxwell of the 17th and others:
A BILL to be entitled an Act to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to change certain provisions relating to requirements for the establishment and maintenance of a real estate appraisal management company; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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On the passage of the Bill, 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 E Beasley-Teague
Bell Y Belton
Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway
Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson E Carter E Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman Y Cooke
Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart
England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw
Sims
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Weldon Y Werkheiser 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, the ayes were 158, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 477. By Representative Jones of the 47th:
A BILL to be entitled an Act to amend Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to procedures for disposition of property formerly acquired for public road purposes but later abandoned, so as to provide for notice and right to acquire when such property is located within a subdivision; to provide an effective date; to repeal conflicting laws; and for other purposes.
MONDAY, MARCH 9, 2015
1969
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to procedures for disposition of property formerly acquired for public road purposes but later abandoned, so as to provide for notice and right to acquire when such property is located within a subdivision; to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to provide that newly incorporated municipalities shall assume ownership and control of county road rights of way located within the area incorporated; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to procedures for disposition of property formerly acquired for public road purposes but later abandoned, is amended by revising paragraph (1) of subsection (a) as follows:
"(a)(1) In disposing of property, as authorized under Code Section 32-7-3, the department, a county, or a municipality shall notify the owner of such property at the time of its acquisition or, if the tract from which the department, a county, or a municipality acquired its property has been subsequently sold, shall notify the owner of abutting land holding title through the owner from whom the department, a county, or a municipality acquired its property. In the event that all or a portion of the property subject to disposition is located in a subdivision with a duly formed property owner's association, the notice for that portion of the property within such subdivision may be provided to the association in lieu of the individual owners of abutting land. The notice shall be in writing delivered to the appropriate owner or association or by publication if his or her the owner's or association's address is unknown; and he or she the owner or the association, as applicable, shall have the right to acquire, as provided in this subsection, the property with respect to which the notice is given. Publication, if necessary, shall be in a newspaper of general circulation in the county where the property is located. If, after a search of the land and probate records, the address of any interested party cannot be found, an affidavit stating such facts and reciting the steps taken to establish the address of any such person shall be placed in the department, county, or municipal records and shall be accepted in lieu of service of notice by mailing the same to the last known address of such person. After properly completing and filing such affidavit, the department, county, or municipality may dispose of the property in accordance with the provisions of subsection (b) of this Code section."
1970
JOURNAL OF THE HOUSE
SECTION 2.
Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, is amended by adding a new Code section to read as follows:
"36-31-7.1. (a) When a new municipal corporation is created by Act of the General Assembly, the new municipality shall assume the ownership, control, care, and maintenance of county road rights of way located within the area incorporated unless the municipality and the county agree otherwise by joint resolution. (b) This Code section shall apply to any new municipal corporation created by Act of the General Assembly on or after April 15, 2005."
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
Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague
Bell Y Belton
Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway
Brooks Y Bruce Y Bryant Y Buckner Y Burns
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Y Harbin Y Harden
Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons
Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites
MONDAY, MARCH 9, 2015
1971
Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson E Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Watson Y Welch Y Weldon Y Werkheiser 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 255. By Representatives Cheokas of the 138th, Sims of the 123rd, Williams of the 119th, Greene of the 151st, Nimmer of the 178th and others:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to state purchasing, so as to require equal credits be given to certain forestry certification systems when using green building standards in state construction, operation, repair, and renovation projects; 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 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 require equal credits be given to certain forestry certification systems when using green building standards in state construction, operation, repair, and renovation projects; 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.
1972
JOURNAL OF THE HOUSE
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 50-5-63, relating to the exclusive use of Georgia forest products in state construction contracts, as follows:
"50-5-63. (a) As used in this Code section, the term:
(1) 'Green building standards' means any system or tool created to rate the environmental efficiency and sustainability of the design, construction, operation, and maintenance of a building. (2) 'State building' means any facility owned, constructed, or acquired by the State of Georgia or any department, board, commission, or agency thereof, including state supported institutions of higher learning. (a)(b) No contract for the construction of, addition to, or repair or renovation of any facility, the cost of which is borne by the this state or any department, agency, commission, authority, or political subdivision thereof, shall be let unless the contract contains a stipulation therein providing that the contractor or any subcontractor shall use exclusively Georgia forest products in the construction thereof, when forest products are to be used in such construction, addition, or repair, or renovation, and if Georgia forest products are available. (c) Whenever green building standards are applied to the new construction, operation, repair, or renovation of any state building, the entity applying the standards shall use only those green building standards that give certification credits equally to Georgia forest products grown, manufactured, and certified under the Sustainable Forestry Initiative, the American Tree Farm System, the Forest Stewardship Council, or other similar certifying organization approved by such entity. (b)(d) This Code section shall not apply when in conflict with federal rules and regulations concerning construction."
SECTION 2. This Act shall become effective on July 1, 2015, and shall apply to all contracts entered into on or after such date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Pursuant to Rule 133, Representative Duncan of the 26th was excused from voting on HB 255.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
MONDAY, MARCH 9, 2015
1973
N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague E Bell Y Belton N Bennett Y Bentley Y Benton Y Beskin N Beverly Y Broadrick Y Brockway
Brooks N Bruce Y Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson E Carter E Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar N Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo
Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd N Fludd N Frazier N Frye N Gardner Y Gasaway Y Geisinger E Glanton Y Golick N Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L N Jones, S N Jordan
Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo Y McCall N McClain
Y Meadows N Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold
Powell, A Y Powell, J N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sims
N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson
Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, E Y Trammell Y Turner N Waites Y Watson Y Welch Y Weldon Y Werkheiser N Wilkerson E 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 120, nays 44.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 20. By Representative Carson of the 46th:
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 clarify that certain allocations to owners of certain entities shall be governed by Georgia law; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
1974
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 E Beasley-Teague E Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly
Broadrick Y Brockway
Brooks Bruce Y Bryant Y Buckner Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson E Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Smith, E 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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E N Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson E Wilkinson Y Willard
Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 161, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 277. By Representatives Broadrick of the 4th, Dickson of the 6th, Meadows of the 5th and Battles of the 15th:
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,
MONDAY, MARCH 9, 2015
1975
rate, collection, and assessment of state sales and use taxes, so as to value all flooring samples at the same rate for purposes of fair market value; to 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 E Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway
Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson E Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard
Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson E 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 0.
The Bill, having received the requisite constitutional majority, was passed.
1976
JOURNAL OF THE HOUSE
HB 106. By Representatives Roberts of the 155th, Burns of the 159th, McCall of the 33rd and Cooke of the 18th:
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 revise what constitutes part of the state highway system; to provide for the appropriation of funds to the Department of Transportation; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for submission of electronic accident reports by law enforcement agencies; 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 revise what constitutes part of the state highway system; to provide for the appropriation of funds to the Department of Transportation; to provide for notice in the disposition of property; to provide for the determination of market value of property acquired by the department; to provide for the procedure for the sale of property when the right of acquisition is not exercised; to provide for the implementation of the federal Public Transportation Safety Program; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for submission of electronic accident reports by law enforcement agencies; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by revising Code Section 32-4-20, relating to the composition of the state highway system, as follows:
"32-4-20. The state highway system shall consist of an integrated network of arterials and of other public roads or bypasses serving as the major collectors therefor. No public road shall be designated as a part of the state highway system unless it meets at least one of the following requirements:
(1) Serves trips of substantial length and duration indicative of regional, state-wide, or interstate importance; (2) Connects adjoining county seats; (3) Connects urban or regional areas with outlying areas, both intrastate and interstate; or
MONDAY, MARCH 9, 2015
1977
(4) Serves as part of the principal collector network for the state-wide and interstate arterial public road system; or (5) Serves as part of a programmed road improvement project plan in which the department will utilize state or federal funds for the acquisition of rights of way."
SECTION 2. Said title is further amended by revising Code Section 32-5-2, relating to the appropriation of funds to the Department of Transportation, as follows:
"32-5-2. All federal funds received by the state treasurer under Code Section 32-5-1 are continually appropriated to the department for the purpose specified in the grants of such funds except as such funds may be directed by the federal government to the State Road and Tollway Authority, provided that no federal funds or funds appropriated to the department shall be expended for procurement of rights of way for a road to be constructed on a county road system except as otherwise provided by law or by agreement between the federal government and the department."
SECTION 3. Said title is further amended by revising Code Section 32-7-4, relating to procedure for the disposition of property by the Department of Transportation, as follows:
"32-7-4. (a)(1) In disposing of property, as authorized under Code Section 32-7-3, the department, a county, or a municipality, provided that such department, county, or municipality has held title to the property for no more than 30 years, shall notify the owner of such property at the time of its acquisition or, if the tract from which the department, a county, or a municipality acquired its property has been subsequently sold, shall notify the owner of abutting land holding title through the owner from whom the department, a county, or a municipality acquired its property. The notice shall be in writing delivered to the appropriate owner or by publication if his or her address is unknown; and he or she shall have the right to acquire, as provided in this subsection, the property with respect to which the notice is given. Publication, if necessary, shall be in a newspaper of general circulation in the county where the property is located. If, after a search of the land and probate available public records, the address of any interested party cannot be found, an affidavit stating such a record of the facts and reciting the steps taken to establish the address of any such person shall be placed in the department, county, or municipal records and shall be accepted in lieu of service of notice by mailing the same to the last known address of such person. After properly completing and filing such affidavit documenting the search, the department, county, or municipality may dispose of the property in accordance with the provisions of subsection (b) of this Code section. (2)(A) When an entire parcel acquired by the department, a county, or a municipality, or any interest therein, is being disposed of, it may be acquired under the right created in paragraph (1) of this subsection at such price as may be agreed
1978
JOURNAL OF THE HOUSE
upon, but in no event less than the price paid for its acquisition. When only remnants or portions of the original acquisition are being disposed of, they may be acquired for the market value thereof at the time the department, county, or municipality decides the property is no longer needed. The department shall use a real estate appraiser with knowledge of the local real estate market who is licensed in Georgia and not an employee of the department to establish the fair market value of the property prior to listing such property. (B) The provisions of subparagraph (A) of this paragraph notwithstanding, if the value of the property is $30,000.00 $75,000.00 or less as determined by department estimate, the department, county, or municipality may negotiate the sale. (3) If the right of acquisition is not exercised within 60 30 days after due notice, the department, county, or municipality may proceed to sell such property as provided in subsection (b) of this Code section. (4) When the department, county, or municipality in good faith and with reasonable diligence attempted to ascertain the identity of persons entitled to notice under this Code section and mailed such notice to the last known address of record of those persons or otherwise complied with the notification requirements of this Code section, the failure to in fact notify those persons entitled thereto shall not invalidate any subsequent disposition of property pursuant to this Code section. (b)(1)(A) Unless a sale of the property is made pursuant to paragraph (2) or (3) of this subsection, such sale shall be made to the bidder submitting the highest of the sealed bids received after public advertisement for such bids for two weeks. If the highest of the sealed bids received is less than but within 15 percent of the established market value, the department may accept that bid and convey the property in accordance with the provisions of subsection (c) of this Code section. The department or the county or municipality shall have the right to reject any and all bids, in its discretion, to readvertise, or to abandon the sale. (B) Such public advertisement shall be inserted once a week in such newspapers or other publication, or both, as will ensure adequate publicity, the first insertion to be at least two weeks prior to the opening of bids, the second to follow one week after the first publication. Such advertisement shall include but not be limited to the following items:
(i) A description sufficient to enable the public to identify the property; (ii) The time and place for submission and opening of sealed bids; (iii) The right of the department or the county or municipality to reject any one or all of the bids; (iv) All the conditions of sale; and (v) Such further information as the department or the county or municipality may deem advisable as in the public interest. (2)(A) Such sale of property may be made by the department or a county or municipality by listing the property through a real estate broker licensed under Chapter 40 of Title 43 who has a place of business located in the county where the property is located or outside the county if no such business is located in the county
MONDAY, MARCH 9, 2015
1979
where the property is located. Property shall be listed for a period of at least three months. Such property shall not be sold at less than its fair market value. The department shall use a real estate appraiser with knowledge of the local real estate market who is licensed in Georgia and not an employee of the department to establish the fair market value of the property prior to listing such property. All sales shall be approved by the commissioner on behalf of the department or shall be approved by the governing authority of the county or municipality at a regular meeting and that shall be open to the public at which meeting, and public comments shall be allowed at such meeting regarding such sale. (B) Commencing at the time of the listing of the property as provided in subparagraph (A) of this paragraph, the department, county, or municipality shall provide for a notice to be inserted once a week for two weeks in the legal organ of the county indicating the names of real estate brokers listing the property for the political subdivision. The department, county, or municipality may advertise in magazines relating to the sale of real estate or similar publications. (C) The department, county, or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1) of this subsection. (3)(A) Such sale of property may be made by the department, a county, or a municipality to the highest bidder at a public auction conducted by an auctioneer licensed under Chapter 6 of Title 43. Such property shall not be sold at less than its fair market value. (B) The department, county, or municipality shall provide for a notice to be inserted once a week for the two weeks immediately preceding the auction in the legal organ of the county including, at a minimum, the following items:
(i) A description sufficient to enable the public to identify the property; (ii) The time and place of the public auction; (iii) The right of the department or the county or municipality to reject any one or all of the bids; (iv) All the conditions of sale; and (v) Such further information as the department or the county or municipality may deem advisable as in the public interest. The department, county, or municipality may advertise in magazines relating to the sale of real estate or similar publications. (C) The department, county, or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1) or (2) of this subsection. (c) Any conveyance of property shall require the approval of the department, county, or municipality, by order approval of the commissioner on behalf of the department and, in the case of a county or municipality, by resolution, to be recorded in the minutes of its meeting. If the department or the county or municipality approves a sale of property, the commissioner, chairperson, or presiding officer may execute a quitclaim
1980
JOURNAL OF THE HOUSE
deed conveying such property to the purchaser. All proceeds arising from such sales shall be paid into and constitute a part of the funds of the seller."
SECTION 4. Said title is further amended in Code Section 32-9-10, relating to the implementation of the federal Intermodal Surface Transportation Efficiency Act of 1991, by revising subsection (a) and adding new subsections to read as follows:
"(a) The purpose of this Code section is to implement Section 3029 of Public Law 102240, the federal Intermodal Surface Transportation Efficiency Act of 1991, the federal Public Transportation Safety Program, 49 U.S.C. Section 5329, referred to in this Code section as the act." "(g) Nothing in this Code section is intended to conflict with any provision of federal law; and, in case of such conflict, such portion of this Code section as may be in conflict with such federal law is declared of no effect to the extent of the conflict. (h) The department is authorized to take the necessary steps to secure the full benefit of the federal-aid program and meet any contingencies not provided for in this Code section, abiding at all times by a fundamental purpose to perform all acts which are necessary, proper, or incidental to the efficient and safe operation and development of the department and the state highway system and of other modes and systems of transportation."
SECTION 5. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising Code Section 40-9-31, relating to the submission of accident reports to the Department of Driver Services and the Department of Transportation, as follows:
"40-9-31. Each state and local law enforcement agency shall submit to the Department of Transportation the original document of any accident report prepared by such law enforcement agency or submitted to such agency by a member of the public. If the Department of Driver Services receives a claim requesting determination of security, the Department of Transportation shall provide a copy or an electronic copy of any relevant accident reports to the Department of Driver Services. Any such law enforcement agency may shall transmit the information contained on the accident report form by electronic means, provided that the Department of Transportation has first given approval to the reporting agency for the electronic reporting method utilized. The law enforcement agency shall retain a copy of each accident report. Any The law enforcement agency that transmits the data by electronic means must shall transmit the data using a nonproprietary interchangeable electronic format and reporting method. For purposes of this Code section, the term 'nonproprietary' shall include commonly used report formats. All such reports shall be submitted to the Department of Transportation not more than 15 seven days following the end of the month in date which such report was prepared or received by such law enforcement agency. The
MONDAY, MARCH 9, 2015
1981
Department of Transportation is authorized to engage the services of a third party in fulfilling its responsibilities under this Code section."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague E Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway
Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson E Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum
Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin
Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson E 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.
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The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 215. By Representatives Jacobs of the 80th, Mayo of the 84th, Mosby of the 83rd, Taylor of the 79th, Drenner of the 85th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for an additional exemption to the ceiling on local sales and use taxes which may be levied by a political subdivision; to provide for a revised distribution of the proceeds from the levy of an equalized homestead option sales and use tax; to provide for the levy of a special purpose local options sales and use tax in certain counties; to provide for procedures, conditions, and limitations; to provide for a short title; 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 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 revised distribution of the proceeds from the levy of an equalized homestead option sales and use tax; to provide for the levy of a special purpose local options sales and use tax in certain counties; to provide for procedures, conditions, and limitations; to provide for a short title; 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 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended in Code Section 48-8-6, relating to the ceiling on local sales and use taxes, by revising paragraph (2) of subsection (a) as follows:
"(2) Any tax levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment; provided, however, that the exception provided for under this paragraph shall only apply:
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(A) In a county in which a tax is being imposed under subparagraph (a)(1)(D) of Code Section 48-8-111 in whole or in part for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, water and sewer projects and costs as defined under paragraph (4) of Code Section 48-8-200, or any combination thereof and with respect to which the county has entered into an intergovernmental contract with a municipality, in which the average waste-water system flow of such municipality is not less than 85 million gallons per day, allocating proceeds to such municipality to be used solely for water and sewer projects and costs as defined under paragraph (4) of Code Section 48-8-200. The exception provided for under this subparagraph shall apply only during the period the tax under said such subparagraph (a)(1)(D) is in effect. The exception provided for under this subparagraph shall not apply in any county in which a tax is being imposed under Article 2A of this chapter; or (B) In a county in which the tax levied for purposes of a metropolitan area system of public transportation is first levied after January 1, 2010, and before November 1, 2016. Such tax shall not apply to the following:
(i) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport. For purposes of this division, a 'qualifying airline' means any person which is authorized by the Federal Aviation Administration or another appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. For purposes of this division, a 'qualifying airport' means any airport in the this state that has had more than 750,000 takeoffs and landings during a calendar year; and (ii) The sale of motor vehicles; or (C) In a county in which a tax is levied and collected pursuant to Article 2A of this chapter;"
SECTION 2. Said chapter is further amended by revising Article 2A, relating to the homestead option sales and use tax, as follows:
"Part 1
48-8-100. This article part shall be known and may be cited as the 'Homestead Option Sales and Use Tax Act.'
48-8-101. As used in this article part, the term:
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(1) 'Ad valorem taxes for county purposes' means any and all ad valorem taxes for county maintenance and operation purposes levied by, for, or on behalf of the county, excluding taxes to retire general obligation bonded indebtedness of the county. (2) 'Existing municipality' means a municipality created prior to January 1, 2007, lying wholly within or partially within a county. (3) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (4) 'Qualified municipality' means a municipality created on or after January 1, 2007, lying wholly within or partially within a county.
48-8-101.1. It is the intent of the General Assembly that the proceeds of the homestead option sales and use tax be distributed equitably to the counties and qualified municipalities such that the residents of a new incorporated municipality will continue to receive a benefit from that tax substantially equal to the benefit they would have received if the area covered by the municipality had not incorporated. The provisions of this article part shall be liberally construed to effectuate such intent.
48-8-102. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, there are created within this state 159 special districts. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of one of the 159 special districts. (b) When the imposition of a local sales and use tax is authorized according to the procedures provided in this article part within a special district, the county whose geographical boundary is conterminous with that of the special district shall levy a local sales and use tax at the rate of 1 percent. Except as to rate, the local sales and use tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the sales and use tax levied pursuant to this article part, except that the sales and use tax provided in this article part shall be applicable to sales of motor fuels as prepaid local tax as that such term is defined in Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3.
(c)(1) Except as otherwise provided in paragraph (2) of this subsection, the proceeds of the sales and use tax levied and collected under this article part shall be used only for the purposes of funding capital outlay projects and of funding services within a special district equal to the revenue lost to the homestead exemption as provided in Code Section 48-8-104 and, in the event excess funds remain following the expenditure for such purposes, such excess funds shall be expended as provided in subparagraph (c)(2)(C) of Code Section 48-8-104.
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(2) Prior to January 1 of the year immediately following the first complete calendar year in which the sales and use tax under this article part is imposed, such proceeds may be used for funding all or any portion of those services which are to be provided by the governing authority of the county whose geographic boundary is conterminous with that of the special district pursuant to and in accordance with Article IX, Section II, Paragraph III of the Constitution of this state. (d) Such sales and use tax shall only be levied in a special district following the enactment of a local Act which provides for a homestead exemption of an amount to be determined from the amount of sales and use tax collected under this article part. Such exemption shall commence with taxable years beginning on or after January 1 of the year immediately following the first complete calendar year in which the sales and use tax under this article part is levied. Any such local Act shall incorporate by reference the terms and conditions specified under this article part. Any such local Act shall not be subject to the provisions of Code Section 1-3-4.1. Any such homestead exemption under this article part shall be in addition to and not in lieu of any other homestead exemption applicable to county taxes for county purposes within the special district. Notwithstanding any provision of such local Act to the contrary, the referendum which shall otherwise be required to be conducted under such local Act shall only be conducted if the resolution required under subsection (a) of Code Section 48-8-103 is adopted prior to the issuance of the call for the referendum under the local Act by the election superintendent. If such ordinance is not adopted by that date, the referendum otherwise required to be conducted under the local Act shall not be conducted. (e) No sales and use tax shall be levied in a special district under this article part in which a tax is levied and collected under Article 2 of this chapter.
48-8-103. (a) Whenever the governing authority of any county whose geographic boundary is conterminous with that of the special district wishes to submit to the electors of the special district the question of whether the sales and use tax authorized by Code Section 48-8-102 shall be imposed, any such governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of the governing authority calling for a referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of the imposition of the sales and use tax to the voters of the special district 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. Such election shall only be conducted on the date of and in conjunction with a referendum provided for by local Act on the question of whether to impose a homestead exemption within such county and based on the amount of proceeds from the sales and use tax levied and collected pursuant to this article part. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in
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the official organ of such county. The ballot shall have written or printed thereon the following statement which shall precede the ballot question specified in this subsection and the ballot question specified by the required local Act:
'NOTICE TO ELECTORS: Unless BOTH the homestead exemption AND the retail homestead option sales and use tax are approved, then neither the exemption nor the sales and use tax shall become effective.' Such statement shall be followed by the following:
'( ) YES ( ) NO
Shall a retail homestead option sales and use tax of 1 percent be levied within the special district within _____________ County for the purposes of funding capital outlay projects and of funding services to replace revenue lost to an additional homestead exemption of up to 100 percent of the assessed value of homesteads from county taxes for county purposes?'
Notwithstanding any other provision of law to the contrary, the statement, ballot question, and local Act ballot question referred to in this subsection shall precede any and all other ballot questions calling for the levy or imposition of any other sales and use tax which are to appear on the same ballot. (b) All persons desiring to vote in favor of levying the sales and use tax shall vote 'Yes,' and those persons opposed to levying the tax shall vote 'No.' If more than onehalf of the votes cast are in favor of levying the tax and approving the local Act providing such homestead exemption, then the tax shall be levied in accordance with this article part; otherwise, the sales and use tax may not be levied, and the question of the imposition of the sales and use tax may not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be the superintendent's further duty to canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be borne by the county whose geographical boundary is conterminous with that of the special district holding the election. (c) If the imposition of the sales and use tax provided in Code Section 48-8-102 is approved in a referendum election as provided by subsections (a) and (b) of this Code section, the governing authority of the county whose geographical boundary is conterminous with that of the special district shall adopt a resolution during the first 30 days following the certification of the result of the election imposing the sales and use tax authorized by Code Section 48-8-102 on behalf of the county whose geographical boundary is conterminous with that of the special district. The resolution shall be effective on the first day of the next succeeding calendar quarter which begins more than 80 days after the adoption of the resolution. With respect to services which are billed on a regular monthly basis, however, the resolution shall become effective with the first regular billing period coinciding with or following the otherwise effective date
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of the resolution. A certified copy of the resolution shall be forwarded to the commissioner so that it will be received within five days after its adoption.
48-8-104. (a) The sales and use tax levied pursuant to this article part shall be exclusively administered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter except that the sales and use tax provided in this article part shall be applicable to sales of motor fuels as prepaid local tax as that such term is defined in Code Section 48-8-2; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the sales and use tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50. (b) Each sales and use tax return remitting sales and use taxes collected under this article part shall separately identify the location of each retail establishment at which any of the sales and use taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all sales and use taxes imposed by this article part are collected and distributed according to situs of sale. (c) The proceeds of the sales and use tax collected by the commissioner in each special district under this article part shall be disbursed as soon as practicable after collection as follows:
(1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; (2) Except for the percentage provided in paragraph (1) of this subsection and the amount determined under subsections (d) and (e) of this Code section, the remaining proceeds of the sales and use tax shall be distributed to the governing authority of the county whose geographical boundary is conterminous with that of the special district; provided, however, that a county and any qualified municipality shall be authorized by intergovernmental agreement to waive the equalization amount otherwise required under subsections (d) and (e) of this Code section and provide for a different distribution amount. In the event of such waiver, except for the percentage provided in paragraph (1) of this subsection, the remaining proceeds of the sales and use tax shall be distributed to the governing authority of the county whose geographical boundary is conterminous with that of the special district. As a condition precedent for the authority to levy the sales and use tax or to collect any proceeds from the tax authorized by this article part for the year following the first complete calendar year in
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which it is levied and for all subsequent years except the year following the year in which the sales and use tax is terminated under Code Section 48-8-106, the county whose geographical boundary is conterminous with that of the special district shall, except as otherwise provided in subsection (c) of Code Section 48-8-102, expend such proceeds as follows:
(A) A portion of such proceeds shall be expended for the purpose of funding capital outlay projects as follows:
(i) The governing authority of the county whose geographical boundary is conterminous with that of the special district shall establish the capital factor which shall not exceed .200 and, for a county in which a qualified municipality is located, shall not be less than the level required by subsection (d) of this Code section; therefore, at a minimum, the county shall set the capital factor at a level that yields an amount of capital outlay proceeds that is equal to or greater than the sum of all equalization amounts due qualified municipalities and existing municipalities under subsection (e) of this Code section; and (ii) Capital outlay projects shall be funded in an amount equal to the product of the capital factor multiplied by the net amount of the sales and use tax proceeds collected under this article part during the previous calendar year, and this amount shall be referred to as capital outlay proceeds in subsections (d) and (e) of this Code section; (B) A portion of such proceeds shall be expended for the purpose of funding services within the special district equal to the revenue lost to the homestead exemption as provided in this Code section as follows: (i) The homestead factor shall be calculated by multiplying the quantity 1.000 minus the capital factor times an amount equal to the net amount of sales and use tax collected in the special district pursuant to this article part for the previous calendar year, and then dividing by the taxes levied for county purposes on only that portion of the county tax digest that represents net assessments on qualified homestead property after all other homestead exemptions have been applied, rounding the result to three decimal places; (ii) If the homestead factor is less than or equal to 1.000, the amount of homestead exemption created under this article part on qualified homestead property shall be equal to the product of the homestead factor multiplied times the net assessment of each qualified homestead remaining after all other homestead exemptions have been applied; and (iii) If the homestead factor is greater than 1.000, the homestead exemption created by this article part on qualified homestead property shall be equal to the net assessment of each homestead remaining after all other homestead exemptions have been applied; and (C) If any of such proceeds remain following the distribution provided for in subparagraphs (A) and (B) of this paragraph and subsections (d) and (e) of this Code section:
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(i) The millage rate levied for county purposes shall be rolled back in an amount equal to such excess divided by the net taxable digest for county purposes after deducting all homestead exemptions including the exemption under this article part; and (ii) In the event the rollback created by division (i) of this subparagraph exceeds the millage rate for county purposes, the governing authority of the county whose boundary is conterminous with the special district shall be authorized to expend the surplus funds for funding all or any portion of those services which are to be provided by such governing authorities pursuant to and in accordance with Article IX, Section II, Paragraph III of the Constitution of this state. (d)(1) The commissioner shall distribute to the governing authority of each qualified municipality located in the special district a share of the capital outlay proceeds calculated as provided in this subsection and subsection (e) of this Code section which proceeds shall be expended for the purpose of funding capital outlay projects of such municipality. (2) Both the tax commissioner and the governing authority for the county in which a qualified municipality is located shall cooperate with and assist the commissioner in the calculation of the equalization amounts under subsection (e) of this Code section and shall, on or before July 1 of each year, provide to the commissioner and the governing authority of each qualified municipality written certification of the following: (A) The capital factor set by the county for the current calendar year; provided, however, that the capital factor may not exceed 0.200; (B) The total amount, if any, due to be paid to existing municipalities from the capital outlay proceeds as required by any intergovernmental agreement between the county and such municipalities; (C) The incorporated county millage rate in each qualified municipality; (D) The net homestead digest for each qualified municipality; (E) The total homestead digest; and (F) The unincorporated county millage rate. If the tax commissioner and the governing authority of the county fail to provide such certification on or before July 1, the commissioner shall not distribute to such county any additional proceeds of the sales and use tax collected after July 1 unless and until such certification is provided. (3) The commissioner shall then calculate the equalization amount due each qualified municipality based on the certifications provided by the tax commissioner and the governing authority of the county and pay such amount to the governing authority of each qualified municipality in six equal monthly payments as soon as practicable during or after each of the last six months of the current calendar year. In the event an existing municipality that has entered into an intergovernmental agreement with a county at any time before January 1, 2007, to receive capital outlay proceeds of the homestead option sales and use tax and such intergovernmental agreement has become or does become null and void for any reason, such existing municipality shall
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be treated under this article part the same as if it were a qualified municipality as defined in paragraph (4) of Code Section 48-8-101 and therefore receive payment of equalization amounts under this article part as provided for under this article part. The commissioner shall distribute to the governing authority of the county each month the net sales and use tax remaining after payment of equalization amounts to the qualified municipalities. (e)(1) As used in this subsection, the term:
(A) 'Equalization amount' means for a qualified municipality the product of the equalization millage times the net homestead digest for that qualified municipality. (B) 'Equalization millage' means for each qualified municipality the product of the homestead factor calculated pursuant to division (c)(2)(B)(i) of this Code section times the difference between the unincorporated county millage rate and the incorporated county millage rate for that qualified municipality. (C) 'Incorporated county millage rate' means the millage rate for all ad valorem taxes for county purposes levied by the county in each of the qualified municipalities in the county. (D) 'Net homestead digest' means for each qualified municipality the total net assessed value of all qualified homestead property located in that portion of the qualified municipality located in the county remaining after all other homestead exemptions are applied. (E) 'Total homestead digest' means the total net assessed value of all qualified homestead property located in the county remaining after all other homestead exemptions are applied. (F) 'Unincorporated county millage rate' means the millage rate for all ad valorem taxes for county purposes levied by the county in the unincorporated areas of the county. (2) For illustration purposes, a hypothetical example of the calculation of the equalization amount is provided below.
First, calculate the homestead factor in accordance with division (c)(2)(B)(i) of this Code section as follows:
(A) Capital factor certified by county as required by subsection (d) of this Code section
0.150
(B) Net amount of sales and use tax collected in the special district pursuant to this article part for the previous calendar year
$ 50 million
(C) Taxes levied for county purposes on only that portion of the county tax digest that represents net assessments on qualified homestead property after all other homestead exemptions have been applied
$100 million
(D) Calculation of homestead factor using figures above
.425
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= [(1-.0150)($50 million/$100 million)]
Next, calculate the equalization amount in accordance with paragraph (1) of this subsection as follows:
(E) Unincorporated county millage rate
15.0 mills
(F) Minus the incorporated county millage rate for qualified municipality 'Y'
(10.0 mills)
Difference:
= 5.0 mills
(G) Times homestead factor (calculated above)
x .425
(H) Equals the equalization millage:
= 2.125 mills
(I) Times net homestead digest for qualified municipality 'Y'
$200 million
(J) Equals the equalization amount payable to municipality 'Y'
$ 425,000.00
(3) In the event the total amount payable in a calendar year to all existing municipalities as certified by the county pursuant to subparagraph (d)(2)(B) of this Code section plus the total equalization amount payable to all qualified municipalities in the special district exceeds the capital outlay proceeds calculated based on a maximum capital factor of 0.200, the commissioner shall pay to the governing authority of each qualified municipality a share of such proceeds calculated as follows:
(A) Determine the capital outlay proceeds based on a maximum capital factor of 0.200; (B) Subtract the amount certified by the county as payable to existing municipalities pursuant to subparagraph (d)(2)(B) of this Code section; (C) The remaining amount equals the portion of the capital outlay proceeds that may be used by the commissioner to pay equalization amounts to qualified municipalities. The commissioner shall calculate each qualified municipality's share of such remaining amount by dividing the net homestead digest for each qualified municipality by the total homestead digest for all municipalities. (4) In the event the incorporated county millage rate for a qualified municipality is greater than the unincorporated county millage rate, no payment shall be due from the governing authority of the qualified municipality to the governing authority of the county. (5) In the event the amount of capital outlay proceeds exceeds the sum of the equalization amounts due all qualified municipalities plus the total amount certified under subparagraph (d)(2)(B) of this Code section as due all existing municipalities, the commissioner shall distribute to each qualified municipality a portion of such
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excess equal to the net homestead digest for such municipality divided by the total homestead digest. (6) If any qualified municipality is located partially in the county then only that portion so located shall be considered in the calculations contained in this subsection.
48-8-105. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within the this state or in a tax jurisdiction outside the this state, the sales and use tax may be credited against the sales and use tax authorized to be imposed by this article part upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article part, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article part. The commissioner may require such proof of payment in another local tax jurisdiction as the commissioner deems necessary and proper. No credit shall be granted, however, against the sales and use tax imposed under this article part for tax paid in another jurisdiction if the sales and use tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the special district or in the county which is conterminous with the special district; and sales and use taxes so paid in another jurisdiction shall be credited first against the sales and use tax levied under this article part and then against the sales and use tax levied under Article 3 of this chapter, if applicable.
48-8-106. (a) Whenever the governing authority of any county whose geographic boundary is conterminous with that of the special district in which the sales and use tax authorized by this article part is being levied wishes to submit to the electors of the special district the question of whether the sales and use tax authorized by Code Section 48-8-102 shall be discontinued, the governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of the governing authority calling for the referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of discontinuing the levy of the sales and use tax to the voters of the special district 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. Such election shall only be conducted only on the date of and in conjunction with a referendum provided for by local Act on the question of whether to repeal the homestead exemption within such county which is funded from the proceeds of the sales and use tax levied and collected pursuant to this article part. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the
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official organ of such county. The ballot shall have written or printed thereon the following:
'( ) YES Shall the 1 percent retail homestead option sales and use tax being levied within the special district within ____________ County for the
( ) NO purposes of funding capital outlay projects and of funding services to replace revenue lost to an additional homestead exemption of up to 100 percent of the assessed value of homesteads from county taxes for county purposes be terminated?'
(b) All persons desiring to vote in favor of discontinuing the sales and use tax shall vote 'Yes,' and those persons opposed to discontinuing the tax shall vote 'No.' If more than one-half of the votes cast are in favor of discontinuing the sales and use tax and repealing the local Act providing for such homestead exemption, then the sales and use tax shall cease to be levied on the last day of the taxable year following the taxable year in which the commissioner receives the certification of the result of the election; otherwise, the sales and use tax shall continue to be levied, and the question of the discontinuing of the tax may not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be the superintendent's further duty to canvass the returns, declare and certify the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be borne by the county whose geographical boundary is conterminous with that of the special district holding the election.
48-8-107. No sales and use tax provided for in Code Section 48-8-102 shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the special district in which the sales and use tax is imposed under this article part regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier licensed by the Federal Motor Carrier Safety Administration or the Georgia Department of Public Safety.
48-8-108. (a) As used in this Code section, the term 'building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract. (b) No sales and use tax provided for in Code Section 48-8-102 shall be imposed in such a special district upon the sale or use of building and construction materials when
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the contract pursuant to which the materials are purchased or used was advertised for bid prior to approval of the levy of the sales and use tax by the county whose geographical boundary is conterminous with that of the special district and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to approval of the levy of the sales and use tax.
48-8-109. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the sales and use tax authorized to be imposed by this article part.
Part 2
48-8-109.1. This part shall be known and may be cited as the 'Equalized Homestead Option Sales Tax Act of 2015.'
48-8-109.2. In any county where a homestead option sales and use tax under Part 1 of this article and a sales tax for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment, are being levied, the county governing authority may choose to submit to the electors of the special district the question of whether to discontinue the sales and use tax authorized by Code Section 48-8-102 and replace such tax with a sales and use tax authorized by this part. Such referendum shall only be held in conjunction with a referendum submitting to the electors of the special district the question of whether to approve a special purpose local option sales and use tax pursuant to the provisions of Part 1 of Article 3 of this chapter. The electors of the special district must approve both of the sales and use taxes in order for either of them to be implemented. If either of the sales and use taxes is not approved by the electors, the homestead option sales and use tax under Part 1 of this article shall be continued in full force and effect.
48-8-109.3. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, there are created within this state 159 special districts. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of one of the 159 special districts. (b) When the imposition of a local sales and use tax is authorized according to the procedures provided in this part within a special district, the county whose geographical boundary is conterminous with that of the special district shall levy a local sales and use
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tax at the rate of 1 percent. Except as to rate and as otherwise provided in this part, the local sales and use tax shall correspond to the tax imposed and administered by Part 1 of this article. The local sales and use tax levied pursuant to this part shall apply to all items and transactions subject to taxation pursuant to Part 1 of this article. No item or transaction which is not subject to taxation pursuant to Part 1 of this article shall be subject to the tax levied pursuant to this part. (c) No sales and use tax shall be levied in a special district under this part in which a tax is levied and collected under Article 2 of this chapter.
48-8-109.4. (a) Whenever the governing authority of any county whose geographic boundary is conterminous with that of the special district wishes to submit to the electors of the special district the question of whether the sales and use tax authorized by this part shall be imposed, any such governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of the governing authority calling for a referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of the imposition of the sales and use tax to the voters of the special district 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 21-2540. Such election shall only be held in conjunction with a referendum submitting to the electors of the special district the question of whether to approve a special purpose local option sales and use tax pursuant to the provisions of Part 1 of Article 3 of this chapter. The electors of the special district must approve both of the sales and use taxes in order for either of them to be implemented. If either of the taxes is not approved by the electors, the homestead option sales and use tax under Part 1 of this article shall be continued in full force and effect. If the sales and use tax under Part 1 of Article 3 of this chapter is not renewed, the sales and use tax under Part 1 of this article shall replace the sales and use tax under this part upon expiration of the sales and use tax under Part 1 of Article 3 of this chapter. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of such county. The ballot shall have written or printed thereon the following statement which shall precede the ballot question specified in this subsection:
'NOTICE TO ELECTORS: Unless BOTH the equalized homestead option sales and use tax AND the special purpose local option sales and use tax are approved, then neither sales and use tax shall become effective.' Such statement shall be followed by the following:
'( ) YES Shall an equalized homestead option sales and use tax of 1 percent be levied within the special district within _____________ County for
( ) NO the purposes of reducing the ad valorem property tax millage rates
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levied by county and municipal governments on homestead properties?'
Notwithstanding any other provision of law to the contrary, the statement and ballot question referred to in this subsection shall precede any and all other ballot questions which are to appear on the same ballot. (b) All persons desiring to vote in favor of levying the sales and use tax shall vote 'Yes,' and those persons opposed to levying the tax shall vote 'No.' If more than onehalf of the votes cast are in favor of levying the tax, then the tax shall be levied in accordance with this part; otherwise, the sales and use tax may not be levied, and the question of the imposition of the sales and use tax may not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be the superintendent's further duty to canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be borne by the county whose geographical boundary is conterminous with that of the special district holding the election. (c) If the imposition of the sales and use tax provided in this part is approved in a referendum election as provided by subsections (a) and (b) of this Code section, the governing authority of the county whose geographical boundary is conterminous with that of the special district shall adopt a resolution during the first 30 days following the certification of the result of the election imposing the sales and use tax authorized in this part on behalf of the county whose geographical boundary is conterminous with that of the special district. The resolution shall be effective on the first day of the next succeeding calendar quarter which begins more than 80 days after the adoption of the resolution. With respect to services which are billed on a regular monthly basis, however, the resolution shall become effective with the first regular billing period coinciding with or following the otherwise effective date of the resolution. A certified copy of the resolution shall be forwarded to the commissioner so that it will be received within five days after its adoption.
48-8-109.5. (a) The sales and use tax levied pursuant to this part shall be exclusively administered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter except that the sales and use tax provided in this part shall be applicable to sales of motor fuels as prepaid local tax as such term is defined in Code Section 48-8-2, to the same extent that sales of motor fuels are subject to taxation pursuant to Part 1 of this article; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state.
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1997
Dealers shall be allowed a percentage of the amount of the sales and use tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50. (b) Each sales and use tax return remitting sales and use taxes collected under this part shall separately identify the location of each retail establishment at which any of the sales and use taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all sales and use taxes imposed by this part are collected and distributed according to situs of sale. (c) The proceeds of the sales and use tax collected by the commissioner in each special district under this part shall be disbursed as soon as practicable after collection as follows:
(1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; and (2) The remaining proceeds shall be disbursed to the governing authority of the county whose geographical boundary is conterminous with that of the special district, and each municipality located wholly or partially therein, and shall be utilized as follows:
(A) First, the proceeds shall be used to roll back, and eliminate if possible, the millage rates for any county ad valorem property tax line items levied uniformly throughout the county on homestead properties, including in all municipalities; and (B) Next, any remaining proceeds shall be used to roll back at an equal and uniform rate across both of the following categories, and eliminate if possible:
(i) The millage rates for any county ad valorem property tax line items levied only in unincorporated portions of the county on homestead properties; and (ii) The millage rates for any municipal ad valorem property tax line items levied in every municipality located wholly or partially in the county on homestead properties but not in unincorporated portions of the county. If any municipality is located partially in the county, then only that portion so located shall be considered in the calculations contained in this subsection. (d) Notwithstanding any provision of the law to the contrary, in any special district levying a tax under this part, a tax levied pursuant to the provisions of Part 1 of Article 3 of this chapter in such special district shall be divided between the county whose geographical boundary is conterminous with that of the special district and municipalities on a per capita basis, based on the most recent decennial census, unless altered by an intergovernmental agreement between the county and all municipalities within the special district. Notwithstanding any provision of law to the contrary, the department shall disburse directly to each municipality its share of the proceeds of the tax levied pursuant to Part 1 of Article 3 of this chapter. (e) The tax levied in the special district under Part 1 of Article 3 of this chapter shall not be levied within the boundaries of any municipality wholly or partially located
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within the special district that is levying a tax pursuant to Article 4 of this chapter. No proceeds from the tax levied in the special district under Part 1 of Article 3 of this chapter shall be disbursed to any such municipality. Upon the expiration of the tax levied under Article 4 of this chapter in such municipality, the tax in the special district under Part 1 of Article 3 of this chapter shall be levied within such municipality and proceeds shall be disbursed to such municipality in accordance with this part.
48-8-109.6. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within this state or in a tax jurisdiction outside this state, the sales and use tax may be credited against the sales and use tax authorized to be imposed by this part upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this part, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this part. The commissioner may require such proof of payment in another local tax jurisdiction as the commissioner deems necessary and proper. No credit shall be granted, however, against the sales and use tax imposed under this part for tax paid in another jurisdiction if the sales and use tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the special district or in the county which is conterminous with the special district; and sales and use taxes so paid in another jurisdiction shall be credited first against the sales and use tax levied under this part and then against the sales and use tax levied under Article 3 of this chapter, if applicable.
48-8-109.7. (a) Whenever the governing authority of any county whose geographic boundary is conterminous with that of the special district in which the sales and use tax authorized by this part is being levied wishes to submit to the electors of the special district the question of whether the sales and use tax authorized by this part shall be discontinued, the governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of the governing authority calling for the referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of discontinuing the levy of the sales and use tax to the voters of the special district 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. Such election shall be conducted only on the date of and in conjunction with an election to repeal the special purpose local option sales and use tax pursuant to the provisions of Part 1 of Article 3 of this chapter. If either such sales and use tax is repealed, then both such sales and use taxes shall be repealed. The election superintendent shall cause the date and purpose of the election to be published once a
MONDAY, MARCH 9, 2015
1999
week for two weeks immediately preceding the date of the election in the official organ of such county. The ballot shall have written or printed thereon the following:
'( ) YES ( ) NO
Shall the equalized homestead option sales and use tax of 1 percent being levied within the special district within _____________ County for the purposes of reducing the ad valorem property tax millage rates levied by county and municipal governments on homestead properties be terminated?'
(b) All persons desiring to vote in favor of discontinuing the sales and use tax shall vote 'Yes,' and those persons opposed to discontinuing the tax shall vote 'No.' If more than one-half of the votes cast are in favor of discontinuing the sales and use tax, then the sales and use tax shall cease to be levied on the last day of the taxable year following the taxable year in which the commissioner receives the certification of the result of the election; otherwise, the sales and use tax shall continue to be levied, and the question of discontinuing the tax may not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be the superintendent's further duty to canvass the returns, declare and certify the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be borne by the county whose geographical boundary is conterminous with that of the special district holding the election.
48-8-109.8. No sales and use tax provided for in this part shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the special district in which the sales and use tax is imposed under this part regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier licensed by the Federal Motor Carrier Safety Administration or the Georgia Department of Public Safety.
48-8-109.9. (a) As used in this Code section, the term 'building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract. (b) No sales and use tax provided for in this part shall be imposed in a special district upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to approval of
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the levy of the sales and use tax by the county whose geographical boundary is conterminous with that of the special district and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to approval of the levy of the sales and use tax.
48-8-109.10. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the sales and use tax authorized to be imposed by this part."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Willard of the 51st, Jacobs of the 80th, and Taylor of the 79th offer the following amendment:
Amend the substitute to HB 215 (LC 34 4500S) by deleting line 486 and inserting in lieu thereof the following: tax at the same rate as provided in Part 1 of this article. Except as otherwise provided in this part, the
By deleting "of 1 percent" on lines 523 and 648.
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 N Allison Y Anderson N Atwood Y Ballinger N Barr Y Battles E Beasley-Teague E Bell Y Belton Y Bennett
N Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson N Dollar Y Douglas E Drenner
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard
Meadows Y Mitchell N Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal N Pak Y Parrish Y Parsons Y Peake
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
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2001
Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick N Brockway
Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M N Cantrell Y Carson E Carter E Casas Y Chandler Y Cheokas N Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
N Dudgeon Y Dukes N Dunahoo N Duncan Y Ealum N Efstration N Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon N Gravley Y Greene Y Hamilton
Y Hugley Y Jackson Y Jacobs
Jasperse Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Kaiser N Kelley Y Kendrick Y Kidd N Kirby N Knight Y LaRiccia Y Lumsden Y Mabra Y Marin N Martin Maxwell Y Mayo Y McCall Y McClain
Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett N Quick N Raffensperger
Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Tankersley N Tanner N Tarvin Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch Y Weldon N Werkheiser 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 128, nays 35.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
By unanimous consent, the following Bills of the House were postponed until the next legislative day:
HB 16. By Representative Prince of the 127th:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain programs and activities under the "Quality Basic Education Act," so as to provide that no high school which receives funding under Article 6 of Chapter 2 of Title 20, the "Quality Basic Education Act," shall participate in or sponsor interscholastic sports events conducted by any athletic association unless the association allows students enrolled in magnet schools to tryout for and participate on athletic teams of their resident school under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 89. By Representatives Bruce of the 61st, Brooks of the 55th, Beasley-Teague of the 65th, Reeves of the 34th and Jones of the 53rd:
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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 476. By Representatives Fludd of the 64th, Bruce of the 61st, Bell of the 58th, Mabra of the 63rd, Kaiser of the 59th and others:
A BILL to be entitled an Act to repeal the amendment to the Constitution of Georgia creating within Fulton County the Fulton County Industrial District and prohibiting the governing authority of Fulton County from levying any tax for educational purposes within such district; to provide for a referendum with respect to the effectiveness of the foregoing; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes.
HB 514. By Representatives Bruce of the 61st, Fludd of the 64th, Kaiser of the 59th, Mabra of the 63rd, Jones of the 53rd and others:
A BILL to be entitled an Act to incorporate the City of South Fulton in Fulton County; to repeal conflicting laws; and for other purposes.
HB 515. By Representatives Mitchell of the 88th, Holcomb of the 81st and Henson of the 86th:
A BILL to be entitled an Act to incorporate the City of Tucker in DeKalb County; to repeal conflicting laws; and for other purposes.
HB 520. By Representatives Taylor of the 79th, Holcomb of the 81st, Fleming of the 121st and Rynders of the 152nd:
A BILL to be entitled an Act to incorporate the City of LaVista Hills in DeKalb County; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 614. By Representatives Shaw of the 176th, Nimmer of the 178th, Buckner of the 137th, Tankersley of the 160th, Frazier of the 126th and others:
A RESOLUTION commending the Georgia Rural Health Association and recognizing March 11, 2015, as Rural Health Day at the state capitol; and for other purposes.
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2003
HR 615. By Representative Greene of the 151st:
A RESOLUTION commending D & J Plastics, Inc., on their expansive growth; and for other purposes.
HR 616. By Representatives Greene of the 151st, Rynders of the 152nd, Cooper of the 43rd and Ealum of the 153rd:
A RESOLUTION recognizing the 10th anniversary of the Southwest Campus of the Medical College of Georgia; and for other purposes.
HR 617. By Representatives Thomas of the 56th, Jones of the 53rd, Alexander of the 66th and Stovall of the 74th:
A RESOLUTION commending the Atlanta Job Corps Center; congratulating the Job Corps on the grand occasion of its 50th anniversary; and recognizing March 24, 2015, as Job Corps Day at the state capitol; and for other purposes.
Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HB 502 HR 4 HR 394
Do Pass, by Substitute Do Pass Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 97th
Chairman
Representative Nix of the 69th District, Chairman of the Committee on Legislative and Congressional Reapportionment, submitted the following report:
Mr. Speaker:
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Your Committee on Legislative and Congressional Reapportionment has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 566 Do Pass, by Substitute
Respectfully submitted, /s/ Nix of the 69th
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 48 HB 393 HB 417
Do Pass, by Substitute Do Pass, by Substitute Do Pass
Respectfully submitted, /s/ Rice of the 95th
Chairman
Representative Powell of the 171st 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 243 HB 408 HB 496
Do Pass, by Substitute Do Pass Do Pass, by Substitute
HB 308 Do Pass, by Substitute HB 426 Do Pass, by Substitute
Respectfully submitted, /s/ Powell of the 171st
Chairman
MONDAY, MARCH 9, 2015
2005
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 11, 2015.
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 11, 2015.
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Representative Hall, Atlanta, Georgia
Wednesday, March 11, 2015
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 Atwood Ballinger Barr Battles E Beasley-Teague E Bell Belton Bennett E Bentley Benton Beskin Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter E Casas Chandler Cheokas Clark, D Clark, H Clark, V Coleman Cooke
Coomer Cooper Corbett E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway E Glanton Golick Gordon Gravley Greene Hamilton
Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Howard Jackson Jasperse Jones, J Jones, L Jones, S E Jordan Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lumsden Mabra Marin Martin Maxwell Mayo McCall McClain
Meadows E Mitchell
Morris Nimmer Nix O'Neal E Pak Parrish Parsons Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw
Sims Smith, E Smith, L Smith, R Spencer Stephens, M Stephens, R E Stephenson Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner Waites Watson Werkheiser Wilkerson E Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker
Due to a mechanical malfunction, Representative Jones of the 167th was not recorded on the attendance roll call. He wished to be recorded as present.
The following members were off the floor of the House when the roll was called:
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2007
Representatives Anderson of the 92nd, Beverly of the 143rd, Floyd of the 99th, Geisinger of the 48th, Hugley of the 136th, Jacobs of the 80th, Oliver of the 82nd, and Weldon of the 3rd.
They wished to be recorded as present.
Prayer was offered by Lieutenant Colonel Elise Whitworth, Georgia Wing Chaplain, Civil Air Patrol.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 570. By Representatives Jones of the 47th and Cantrell 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 7, 2013 (Ga. L.
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2013, p. 4401), so as to change the description of the election districts; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 571. By Representatives Willard of the 51st, Wilkinson of the 52nd, Jacobs of the 80th and Dollar of the 45th:
A BILL to be entitled an Act to authorize the governing authority of the City of Sandy Springs 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 provide for a conditional effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 572. By Representative Jones of the 53rd:
A BILL to be entitled an Act to amend Article 7 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to financial power of attorney, so as to revise the statutory form for financial power of attorney to provide additional protection for principals by allowing for the termination of the power of attorney upon the occurrence of specified disability, incapacity, or mental incompetence; to provide for additional duties of the agent in the event a court appoints a guardian for the principal or declares the principal to be mentally incompetent; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 573. By Representative Epps of the 144th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, so as to change the provisions regarding the compensation and expenses 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.
WEDNESDAY, MARCH 11, 2015
2009
HB 574. By Representative Epps of the 144th:
A BILL to be entitled an Act to amend an Act providing an annual salary for the Sheriff of Twiggs County in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2546), as amended, particularly by an Act approved March 31, 1992 (Ga. L. 1992, p. 5140), so as to change the manner of fixing the compensation of employees of the sheriff's office; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 575. By Representatives Beverly of the 143rd, Epps of the 144th, Dickey of the 140th, Randall of the 142nd and Peake of the 141st:
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), as amended, 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 repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 576. By Representatives LaRiccia of the 169th and Roberts of the 155th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee," approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5320), so as to provide for four-year terms for the mayor and members of the city council; to provide for elections; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 577.
By Representatives Dickerson of the 113th, Anderson of the 92nd, Stephenson of the 90th, Dawkins-Haigler of the 91st, Rutledge of the 109th and others:
A BILL to be entitled an Act to authorize Rockdale County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide for effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Intragovernmental Coordination - Local.
HB 579. By Representatives McCall of the 33rd, Dickey of the 140th, Taylor of the 173rd, England of the 116th, Roberts of the 155th 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 regarding uniform rules of the road, so as to provide for the operation of certain vehicles upon the highways when used in connection with agricultural pursuits; to provide for conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 580. By Representatives Smyre of the 135th, Smith of the 134th, Buckner of the 137th, Hugley of the 136th and Pezold of the 133rd:
A BILL to be entitled an Act to amend an Act authorizing the Recorder's Court of Columbus, Georgia, to impose and collect a technology fee for each fine imposed, approved May 7, 2013 (Ga. L. 2013, p. 4414), so as to increase the amount of such fee; to repeal an automatic repeal of such Act; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 581. By Representatives Hightower of the 68th, Cooke of the 18th and Roberts of the 155th:
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 provide for the formation of a metropolitan planning process for the Atlanta Urbanized Area and Atlanta Air Quality region; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 582. By Representatives Smith of the 70th, Stover of the 71st, Ramsey of the 72nd and Trammell of the 132nd:
A BILL to be entitled an Act to amend an Act creating the Coweta County Water and Sewerage Authority, approved March 20, 2001 (Ga. L. 2001, p. 3539), as amended, particularly by an Act approved May 16, 2007 (Ga. L.
WEDNESDAY, MARCH 11, 2015
2011
2007, p. 3668), so as to change the terms of members of the authority; to change the quorum; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 583. By Representatives Carson of the 46th, Reeves of the 34th, Setzler of the 35th, Jones of the 53rd, 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.
HB 584. By Representatives Carson of the 46th, Reeves of the 34th, Setzler of the 35th, Jones of the 53rd, Evans of the 42nd and others:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3691), so as to change the provisions relating to the compensation of the chairperson and the other commissioners of the board; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 585. By Representatives Powell of the 171st, Harbin of the 122nd, Harrell of the 106th, Kelley of the 16th, Houston of the 170th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide a sunset on a certain exemption from such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 586. By Representative Gardner of the 57th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Atlanta, approved April 15, 1996 (Ga. L. 1996, p. 4469), as
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amended, so as to change the corporate limits of such municipality; to provide for related matters; to provide for a referendum and contingent effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 587. By Representative Gardner of the 57th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Atlanta, approved April 15, 1996 (Ga. L. 1996, p. 4469), as amended, so as to change the corporate limits of such municipality; to provide for related matters; to provide for a referendum and contingent effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 588. By Representatives Clark of the 101st, Cooper of the 43rd, Broadrick of the 4th, Kidd of the 145th, Rynders of the 152nd and others:
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 revise 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.
HR 599. By Representative Battles of the 15th:
A RESOLUTION honoring the life of Mr. Hoyt D. "Slick" Tatum and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 600. By Representatives Kelley of the 16th, Ramsey of the 72nd, Martin of the 49th, Williamson of the 115th, Clark of the 98th and others:
A RESOLUTION encouraging the United States Congress to enact much needed tax reforms; and for other purposes.
WEDNESDAY, MARCH 11, 2015
2013
Referred to the Committee on Ways & Means.
HR 601. By Representatives Smith of the 70th, Stephens of the 164th, Petrea of the 166th and Bryant of the 162nd:
A RESOLUTION creating the House Study Committee on Saltwater Intrusion into Coastal Aquifers; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HR 612. By Representatives Cooper of the 43rd, Randall of the 142nd, Clark of the 101st, Bennett of the 94th, Stephenson of the 90th and others:
A RESOLUTION creating the House Study Committee on Fibroids Education and Awareness; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 613. By Representatives Martin of the 49th, Smith of the 70th, Parsons of the 44th, Williamson of the 115th, McClain of the 100th and others:
A RESOLUTION encouraging the United States Environmental Protection Agency (EPA) to withdraw the proposed Clean Power Plan; supporting the comments submitted to EPA by the Georgia Environmental Protection Division (EPD), the Georgia Public Service Commission (PSC), and the Attorney General of Georgia (Attorney General) on the Clean Power Plan; encouraging Congress and the President to enact legislation delaying implementation of the final Clean Power Plan until certain criteria are met; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HR 618. By Representatives Clark of the 101st, Benton of the 31st, Petrea of the 166th, Dempsey of the 13th, Chandler of the 105th and others:
A RESOLUTION creating the House Study Committee on Adult Day Services; and for other purposes.
Referred to the Committee on Human Relations & Aging.
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:
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HB 595. By Representatives Jones of the 47th, Geisinger of the 48th, Wilkinson of the 52nd, Golick of the 40th, Beskin of the 54th and others:
A BILL to be entitled an Act to amend an Act providing for the establishment of a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4347), so as to specify a name for the county-wide library system; to change membership, the number of members, and the selection of members of the library board of trustees; to provide for vacancies; to provide for the selection of the executive director of the library system and to whom the executive director shall report; 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 596. By Representatives Jacobs of the 80th, Taylor of the 79th, Kendrick of the 93rd, Holcomb of the 81st, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead, approved May 5, 2006 (Ga. L. 2006, p. 4636), as amended, so as to modify the time limitation on such exemption; 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.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 558 HB 560 HB 562 HB 578 HR 566 SB 129 SR 287
HB 559 HB 561 HB 563 HR 565 SB 103 SB 133
Representative Burns of the 159th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:
WEDNESDAY, MARCH 11, 2015
2015
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 475 Do Pass, by Substitute HB 483 Do Pass
Respectfully submitted, /s/ Burns of the 159th
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 Senate and has instructed me to report the same back to the House with the following recommendations:
HB 537 HB 564 SB 51
Do Pass Do Pass, by Substitute Do Pass, by Substitute
Respectfully submitted, /s/ Cooper of the 43rd
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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 54 Do Pass, by Substitute
Respectfully submitted, /s/ Rogers of the 29th
Chairman
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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 84 HB 429 HB 552
Do Pass, by Substitute Do Pass Do Pass, by Substitute
HB 409 Do Pass, by Substitute HB 470 Do Pass, by Substitute
Respectfully submitted, /s/ Smith of the 134th
Chairman
Representative Tankersley of the 160th 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 523 HB 533 HB 546 HB 553
Do Pass Do Pass Do Pass Do Pass
HB 532 HB 545 HB 550 HB 554
Do Pass Do Pass Do Pass Do Pass
Respectfully submitted, /s/ Tankersley of the 160th
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:
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2017
HB 381 HB 452 HB 547
Do Pass, by Substitute Do Pass Do Pass, by Substitute
HB 418 HB 531 HB 567
Do Pass, by Substitute Do Pass 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 230 Do Pass, by Substitute
Respectfully submitted, /s/ Pak of the 108th
Vice-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 House and has instructed me to report the same back to the House with the following recommendation:
HB 568 Do Pass, by Substitute
Respectfully submitted, /s/ Weldon of the 3rd
Chairman
Representative Maxwell of the 17th District, Chairman of the Committee on Regulated Industries, submitted the following report:
Mr. Speaker:
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Your Committee on Regulated Industries 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 152 HB 153 SB 103
Do Pass, by Substitute Do Pass, by Substitute Do Pass
Respectfully submitted, /s/ Maxwell of the 17th
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 219 Do Pass, by Substitute
Respectfully submitted, /s/ Pruett of the 149th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, MARCH 11, 2015
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
WEDNESDAY, MARCH 11, 2015
2019
Modified Open Rule
HB 259 HB 278
HB 304 HB 341 HB 347 HB 352 HB 439
Georgia Business Act; enact (SProp-Rogers-10th) Public Employee Hazardous Chemical Protection and Rights to Know Act of 1988; transfer responsibility to Safety Fire Commissioner; provisions (Substitute)(PS&HS-Clark-98th) Criminal procedure; fixing of sentence; clarify service of consecutive sentences (JudyNC-Hightower-68th) Buildings and housing; certain qualified inspectors may be certified by Building Officials' Association of Georgia; provide (SProp-Maxwell-17th) Interest and usury; interest on certain domestic relations cases; clarify provisions (Substitute)(Judy-Hightower-68th) Criminal procedure; change provisions relating to discovery in misdemeanor cases; provisions (Substitute)(JudyNC-Strickland-111th) Georgia New Markets Jobs Act; enact (Substitute)(Ins-Shaw-176th)
Modified Structured Rule
HB 72 HB 103 HB 114 HB 123 HB 204 HB 237
Crimes and offenses; protection of disabled adults and elder persons; expand and clarify (JudyNC-Willard-51st) Kelsey's Law; enact (Substitute)(JudyNC-Belton-112th) Drivers' licenses; provide for use of paper eye charts for testing of noncommercial driver's vision; provisions (Substitute)(PS&HS-Tanner-9th) Motor vehicles; use of safety chain or cable when operating a motor vehicle drawing a trailer; provide (Substitute)(PS&HS-Yates-73rd) Civil Practice Act; opposing affidavits shall be served in motions for summary judgment; change provisions (Substitute)(Judy-Beskin-54th) State income tax; angel investor tax credit; extend (Substitute)(W&MWilliamson-115th)
Structured Rule
HB 396
Revenue and taxation; clarify penalty for failure to file return or pay revenue held in trust for the state; provisions (Substitute)(W&M-Knight130th)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
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The Speaker Pro Tem assumed the Chair.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 523. By Representative Nimmer of the 178th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, so as to change 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 532. By Representatives Reeves of the 34th, Carson of the 46th, Cooper of the 43rd, Wilkerson of the 38th, Parsons of the 44th and others:
A BILL to be entitled an Act to amend an Act creating one or more community improvement districts in Cobb County and each municipality therein, approved March 20, 1985 (Ga. L. 1985, p. 4009), as amended, so as to add a certain provision relating to the powers of such districts; to 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 533. By Representative Greene of the 151st:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Randolph County, approved February 13, 1935 (Ga. L. 1935, p. 778), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3630), so as to change the compensation of the chairperson and other 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.
HB 545. By Representative Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act entitled "An Act to incorporate the town of Sumner," approved August 9, 1883 (Ga. L. 1882-83, p. 291), as
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2021
amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4331), so as to provide for four-year terms for the mayor and councilmembers; to provide for serving officers; to provide for elections; to provide for the filling of vacancies; to 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 546. By Representative Jones of the 167th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of elections and registration for McIntosh County," approved May 4, 2006 (Ga. L. 2006, p. 4171), so as to provide that the board shall consist of five members; to provide for appointment; to provide for 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 550. By Representatives Frazier of the 126th, Fleming of the 121st, Jackson of the 128th and Prince of the 127th:
A BILL to be entitled an Act to repeal an Act creating the Burke County Economic Development Authority, approved February 13, 1991 (Ga. L. 1991, p. 4120); to 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 Representatives Dickey of the 140th, Peake of the 141st and Holmes of the 129th:
A BILL to be entitled an Act to provide a new charter for the City of Forsyth; to provide for incorporation, boundaries, and property of the city; service charges, and assessments; to provide for other matters relative to the foregoing; to provide an effective date; to provide a specific repealer; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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HB 554. By Representatives Rutledge of the 109th, Stephenson of the 90th, Welch of the 110th, Yates of the 73rd, Strickland of the 111th and others:
A BILL to be entitled an Act to amend an Act entitled "An Act to amend an Act providing for a new Board of Commissioners of Henry County," approved March 24, 1974 (Ga. L. 1974, p. 3680), as amended, particularly by an Act approved April 4, 1990 (Ga. L. 1990, p. 5232), so as to further define the authority, roles, and responsibilities of the chairperson, the board of commissioners, and the county manager; to provide for compensation; 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.
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 Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson
Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra
Y Meadows E Mitchell
Morris Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge
Y Smith, E Y Smith, L
Smith, M Y Smith, R
Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard
WEDNESDAY, MARCH 11, 2015
2023
Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bills, the ayes were 165, nays 0.
The Bills, having received the requisite constitutional majority, were passed.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 69. By Senators Hill of the 32nd, Thompson of the 14th, Beach of the 21st, Hill of the 6th and Harper of the 7th:
A BILL to be entitled an Act to amend Part 3 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the State Defense Force, so as to remove restrictions regarding the rights of public officers and employees to be absent for service on the State Defense Force and regarding reemployment rights of persons after service on the State Defense Force; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 132. By Senators Dugan of the 30th, Tippins of the 37th, Millar of the 40th, Tate of the 38th, Sims of the 12th and others:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to revise provisions relating to the program for high school students to attend postsecondary institutions; to provide for a short title; to provide a program for eligible students to take dual credit courses; to repeal a statute relating to dual credit courses; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 134. By Senators Stone of the 23rd, Beach of the 21st, Jones II of the 22nd, Thompson of the 5th, Miller of the 49th and others:
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A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to speed detection devices, so as to provide for a rebuttable presumption for law enforcement agencies' use of speed detection devices when fines are less than a certain percent of the agencies' operating budgets; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 156. By Senators Tippins of the 37th, Wilkinson of the 50th, Millar of the 40th, Shafer of the 48th, Stone of the 23rd and others:
A BILL to be entitled an Act to amend Article 31A of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to state charter schools, so as to authorize the State Charter Schools Commission to establish a nonprofit foundation; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 168. By Senators Jones of the 25th and Harper of the 7th:
A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Old Governor's Mansion as the official state historic house; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 175. By Senators Black of the 8th, Wilkinson of the 50th and Ginn of the 47th:
A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to animal protection, so as to require inspection of certain animals entering into the state; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 182. By Senators Jeffares of the 17th and Ramsey, Sr. of the 43rd:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Newton County and in each municipality therein; to provide for a short title; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 90. 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, correct errors or omissions in, and reenact the statutory portion of said Code, as amended, in furtherance of the
WEDNESDAY, MARCH 11, 2015
2025
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 provide for other matters relating to revision, reenactment, and publication of said Code; to provide for effect in event of conflicts; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 251. By Representative Cheokas of the 138th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Americus, approved April 13, 1992 (Ga. L. 1992, p. 5985), as amended, so as to provide for a city manager; to provide for appointment, qualifications, terms, removal, and vacancies; to provide for duties, powers, and responsibilities; to provide for appointment of a city clerk and finance director; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 490. By Representatives Ballinger of the 23rd, Carson of the 46th, Caldwell of the 20th, Cantrell of the 22nd and Turner of the 21st:
A BILL to be entitled an Act to provide for the appointment of district attorney investigators in the Blue Ridge Judicial Circuit; to provide for qualifications; to provide for powers; to provide for a chief investigator; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 296. By Senators Henson of the 41st, Shafer of the 48th, Davenport of the 44th, Hill of the 4th, Butler of the 55th and others:
A RESOLUTION recognizing Senator Lawrence (Bud) Stumbaugh and dedicating a bridge in his honor; 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 69.
By Senators Hill of the 32nd, Thompson of the 14th, Beach of the 21st, Hill of the 6th and Harper of the 7th:
A BILL to be entitled an Act to amend Part 3 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the State Defense Force, so as to remove restrictions regarding the rights of public
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officers and employees to be absent for service on the State Defense Force and regarding reemployment rights of persons after service on the State Defense Force; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
SB 132. By Senators Dugan of the 30th, Tippins of the 37th, Millar of the 40th, Tate of the 38th, Sims of the 12th and others:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to revise provisions relating to the program for high school students to attend postsecondary institutions; to provide for a short title; to provide a program for eligible students to take dual credit courses; to repeal a statute relating to dual credit courses; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 134. By Senators Stone of the 23rd, Beach of the 21st, Jones II of the 22nd, Thompson of the 5th, Miller of the 49th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to speed detection devices, so as to provide for a rebuttable presumption for law enforcement agencies' use of speed detection devices when fines are less than a certain percent of the agencies' operating budgets; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 156. By Senators Tippins of the 37th, Wilkinson of the 50th, Millar of the 40th, Shafer of the 48th, Stone of the 23rd and others:
A BILL to be entitled an Act to amend Article 31A of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to state charter schools, so as to authorize the State Charter Schools Commission to establish a nonprofit foundation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
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2027
SB 168. By Senators Jones of the 25th and Harper of the 7th:
A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Old Governor's Mansion as the official state historic house; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 175. By Senators Black of the 8th, Wilkinson of the 50th and Ginn of the 47th:
A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to animal protection, so as to require inspection of certain animals entering into the state; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
SB 182. By Senators Jeffares of the 17th and Ramsey, Sr. of the 43rd:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Newton County and in each municipality therein; to provide for a short title; 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.
SR 296. By Senators Henson of the 41st, Shafer of the 48th, Davenport of the 44th, Hill of the 4th, Butler of the 55th and others:
A RESOLUTION recognizing Senator Lawrence (Bud) Stumbaugh and dedicating a bridge in his honor; 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 Rogers of the 10th, Hugley of the 136th, Martin of the 49th, and Harbin of the 122nd.
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The Speaker assumed the Chair.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Powell of the 32nd, Dawkins-Haigler of the 91st, Anderson of the 92nd, Holcomb of the 81st, Kendrick of the 93rd, Strickland of the 111th, Welch of the 110th et al., and Shaw of the 176th.
Pursuant to HR 607, the House recognized and commended the Consulate General of Canada in Atlanta, members of the Legislative Assembly from the Province of Saskatchewan, SaskPower, the Petroleum Technology Research Centre, and the Southern States Energy Board.
Pursuant to HR 283, the House commended Georgia Tech Football Head Coach Paul Johnson on being named 2014 Atlantic Coast Conference Coach of the Year and invited him to be recognized by the House of Representatives.
Pursuant to HR 292, the House recognized and commended Joseph Fitzgerald Hamilton 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 Bill of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
HB 520. By Representatives Taylor of the 79th, Holcomb of the 81st, Fleming of the 121st and Rynders of the 152nd:
A BILL to be entitled an Act to incorporate the City of LaVista Hills in DeKalb County; and for other purposes.
The following amendment was read and adopted:
Representative Powell of the 171st offers the following amendment:
Amend HB 520 (LC 28 7534ER) by striking lines 1411 through 1846 and inserting in lieu thereof the following: The corporate limits of the City of LaVista Hills shall include the areas specified as follows:
Plan: LaVista Hills-p1(corp)-2015 Plan Type: Local Administrator: :LaVista Hills User: bak
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District: LaVista Hills DeKalb County VTD: 089BC - BRIAR VISTA ELEMENTARY 021502: 2004 2007 2008 2009 2010 2011 2012 2013 2014 VTD: 089BD - BRIARLAKE ELEMENTARY VTD: 089BG - BRIARCLIFF VTD: 089CJ - CLAIRMONT HILLS 021602: 2026 2028 VTD: 089CW - CORALWOOD VTD: 089EC - EMBRY HILLS 021808: 2000 2001 2002 2003 2004 2006 2007 2008 2009 2010 2011 2012 2027 021812: 2012 2013 2014 2015 2016 2017 2018 2019 VTD: 089EF - EVANSDALE ELEM VTD: 089HB - HAWTHORNE ELEM 021705: 3006 3010 3011 021706: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 2002 2003 2004 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 4008 4009 VTD: 089HC - HENDERSON MILL VTD: 089HD - HERITAGE ED VTD: 089LA - LAKESIDE HIGH VTD: 089LB - LAVISTA ROAD 021602: 2021 021603: 1008 1010 1011 1012 1014 021604: 2021 2023 2024 VTD: 089LC - LAVISTA VTD: 089MJ - MONTCLAIR ELEM 021603: 2001 2002 2003 2004 2006 VTD: 089MP - MARGARET HARRIS VTD: 089MW - MIDVALE ROAD 021808: 1009 1010 1014 1015 1020 1024 1025 1026 1027
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021809: 5021 021810: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 VTD: 089ND - NORTHLAKE VTD: 089OA - OAK GROVE ELEM VTD: 089PF - PLEASANTDALE ELEM 021812: 1000 1001 1002 1003 1004 1007 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 021813: 1009 1012 021814: 2001 2002 2003 2004 2005 2006 2007 2008 VTD: 089PK - PLEASANTDALE ROAD 021813: 1001 1002 1003 1004 1005 1006 1008 1011 1013 1014 1015 1016 1017 1018 1019 021814: 1000 1001 1002 1003 1004 1005 1006 1008 1009 2000 2009 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 VTD: 089RD - REHOBOTH 021704: 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 022001: 2000 2001 2002 2003 2004 2007 2008 2009 2010 2011 2012 2013 2022 VTD: 089SA - SAGAMORE HILLS VTD: 089SN - SHAMROCK MIDDLE VTD: 089VB - VALLEY BROOK 022204: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 VTD: 089WI - WARREN TECH 021705: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 2012 2013 2015 2016 2017 2018 2019 2027 2028 2029 2030 2031 2032 2033 2034 021808: 2024
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For the purposes of this description, 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 the 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.
APPENDIX B
LEGAL DESCRIPTION COUNCIL DISTRICTS CITY OF LAVISTA HILLS, DEKALB COUNTY, GEORGIA
Plan: LaVista Hills-p1-2015 Plan Type: Local Administrator: LaVista Hills User: bak
District 001 DeKalb County VTD: 089BC - BRIAR VISTA ELEMENTARY 021502: 2004 2007 2008 2009 2010 2011 2012 2013 2014 VTD: 089BG - BRIARCLIFF 021503: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 021603: 1000 1001 1002 1003 1004 1005 1009 VTD: 089LC - LAVISTA VTD: 089MJ - MONTCLAIR ELEM 021603: 2001 2002 2003 2004 2006 VTD: 089MP - MARGARET HARRIS
District 002 DeKalb County VTD: 089BG - BRIARCLIFF 021603: 1006 1007 1013 VTD: 089CJ - CLAIRMONT HILLS 021602: 2026 2028 VTD: 089CW - CORALWOOD
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VTD: 089LB - LAVISTA ROAD 021602: 2021 021603: 1008 1010 1011 1012 1014 021604: 2021 2023 2024 VTD: 089ND - NORTHLAKE 021704: 3024 3025 3026 3028 3029 3030 VTD: 089RD - REHOBOTH 021704: 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 022001: 2000 2001 2002 2003 2004 2007 2008 2009 2010 2011 2012 2013 2022 VTD: 089SA - SAGAMORE HILLS 021604: 2007 2008 2009 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 VTD: 089SN - SHAMROCK MIDDLE VTD: 089VB - VALLEY BROOK 022204: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018
District 003 DeKalb County VTD: 089BD - BRIARLAKE ELEMENTARY 021703: 1001 1008 1009 1010 1011 1012 1013 1014 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 2009 2010 2011 2012 2023 2028 2029 2030 2031 2032 VTD: 089LA - LAKESIDE HIGH 021703: 1005 1006 1007 1015 1016 1017 1018 1019 1020 1021 1022 2000 2001 2002 2003 2004 2005 2006 2007 2008 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2025 2026 2027 VTD: 089ND - NORTHLAKE 021704: 2015 2016 2017 2018 2019 2020 2021 2022 2023 3000 3012 3013 3014 3015 3016 3021 3022 3023 3027 VTD: 089OA - OAK GROVE ELEM
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021604: 1000 1001 1002 1003 1004 1005 1012 021605: 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 3007 3008 3012 3013 3014 3015 021703: 2024 VTD: 089SA - SAGAMORE HILLS 021604: 1006 1007 1008 1009 1010 1011 1013 1014 1015 1016 1017 1018 1019 1020 1021 2000 2001 2002 2003 2004 2005 2006 2010 021704: 3001 3002 3003 3004 3005 3006 3007 3008 3009
District 004 DeKalb County VTD: 089BD - BRIARLAKE ELEMENTARY 021703: 1000 1002 1003 VTD: 089HB - HAWTHORNE ELEM 021705: 3006 3010 3011 021706: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 2002 2003 2004 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 4008 4009 VTD: 089HC - HENDERSON MILL 021706: 3001 3002 3003 3004 3005 3006 3007 3009 3010 3011 3012 3013 3014 3015 4010 4011 4012 VTD: 089HD - HERITAGE ED VTD: 089LA - LAKESIDE HIGH 021703: 1004 VTD: 089MW - MIDVALE ROAD 021809: 5021 021810: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 VTD: 089OA - OAK GROVE ELEM 021605: 1015 1016 2000 2001 2002 2017
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District 005 DeKalb County VTD: 089EC - EMBRY HILLS 021812: 2012 2013 2014 2015 2016 2017 2018 2019 VTD: 089EF - EVANSDALE ELEM 021705: 1000 1001 1002 1003 2001 2002 2003 2004 2005 2006 2008 2009 2020 2021 2022 2023 2024 2025 2026 021808: 1012 1013 2023 VTD: 089HC - HENDERSON MILL 021705: 3000 3001 3002 3003 3004 3005 3008 3009 021706: 3000 3008 4000 4001 4002 4003 4004 4005 4006 4007 4013 4014 VTD: 089MW - MIDVALE ROAD 021808: 1014 1015 VTD: 089PF - PLEASANTDALE ELEM 021812: 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 021813: 1009 1012 021814: 2001 2002 2003 2004 2005 2006 2007 VTD: 089PK - PLEASANTDALE ROAD 021813: 1001 1002 1003 1004 1005 1006 1008 1013 1014 1015 1016 1017 1018 1019 VTD: 089WI - WARREN TECH 021705: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 2012 2013 2015 2016 2017 2018 2019 2027 2028 2029 2030 2031 2032 2033 2034 021808: 2024
District 006 DeKalb County VTD: 089EC - EMBRY HILLS 021808: 2000 2001 2002 2003 2004 2006 2007 2008 2009 2010 2011 2012
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2027 VTD: 089EF - EVANSDALE ELEM 021808: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1011 1016 1017 1018 1019 1021 1022 1023 1028 1029 2005 2015 2016 2017 2018 2019 2020 2021 2022 2025 2026 2028 VTD: 089MW - MIDVALE ROAD 021808: 1009 1010 1020 1024 1025 1026 1027 VTD: 089PF - PLEASANTDALE ELEM 021812: 1000 1001 1002 1003 1004 1007 021814: 2008 VTD: 089PK - PLEASANTDALE ROAD 021813: 1011 021814: 1000 1001 1002 1003 1004 1005 1006 1008 1009 2000 2009 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013
For the purposes of this plan (LaVista Hills-p1-2015): (1) The term "VTD" shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; (2) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia; (3) Any part of the City of LaVista Hills which is not included in any district described in this plan (LaVista Hills-p1-2015) 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; and (4) Any part of the City of LaVista Hills which is described in this plan (LaVista Hills-p1-2015) as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia.
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The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison E Anderson N Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague N Bell Y Belton N Bennett E Bentley Y Benton Y Beskin N Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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
Ealum Y Efstration N Ehrhart Y England Y Epps N Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick N Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston N Howard N Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S N Jordan Y Kaiser Y Kelley N Kendrick N Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra N Marin Y Martin N Maxwell N Mayo Y McCall Y McClain
Y Meadows E Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sims
N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre N Spencer N Stephens, M Y Stephens, R N Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin
Taylor, D Y Taylor, T
Teasley Thomas, A.M. N Thomas, E N Trammell N Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser N 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, as amended, the ayes were 129, nays 37.
The Bill, having received the requisite constitutional majority, was passed, as amended.
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:
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HB 259. By Representatives Rogers of the 10th, Dickey of the 140th, Coomer of the 14th, Nimmer of the 178th, Hatchett of the 150th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide an exemption from competitive bidding procedures; to increase the exemption threshold for competitive bidding procedures; to change a short title; to change a definition relative to small business assistance; to revise legislative intent; to provide for a short title; to provide for applicability; 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 E Anderson Y Atwood Y Ballinger N Barr Y Battles E Beasley-Teague Y Bell N Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick
Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M N Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick N Gordon N Gravley
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston N Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell N Mayo
Y Meadows E Mitchell Y Morris
Mosby Y Nimmer
Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett N Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper
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 Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E
Williamson
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Y Coleman N Cooke
Y Greene Y Hamilton
Y McCall Y McClain
Y Shaw Y Sims
Y Yates Ralston, Speaker
On the passage of the Bill, the ayes were 153, nays 15.
The Bill, having received the requisite constitutional majority, was passed.
HB 278. By Representatives Clark of the 98th, Pruett of the 149th, Barr of the 103rd, Jones of the 167th, Cantrell of the 22nd and others:
A BILL to be entitled an Act to amend Chapter 22 of Title 45 of the Official Code of Georgia Annotated, the "Public Employee Hazardous Chemical Protection and Right to Know Act of 1988," so as to transfer responsibility under such chapter to the Safety Fire Commissioner; to define certain terms; to provide for rules and regulations; to provide for the provision of certain information relative to hazardous materials to the commissioner; to provide for grievances and judicial review; 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 22 of Title 45 of the Official Code of Georgia Annotated, the "Public Employee Hazardous Chemical Protection and Right to Know Act of 1988," so as to transfer responsibility under such chapter to the Safety Fire Commissioner; to define certain terms; to provide for rules and regulations; to provide for the provision of certain information relative to hazardous materials to the commissioner; to provide for grievances and judicial review; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 22 of Title 45 of the Official Code of Georgia Annotated, the "Public Employee Hazardous Chemical Protection and Right to Know Act of 1988," is amended by revising Code Section 45-22-2, relating to definitions, as follows:
"45-22-2. As used in this chapter, the term:
(1) 'Appointing authority' means a person or group of persons authorized by law or delegated authority to make appointments to fill employee positions in the legislative, judicial, or executive branch of state government.
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(1)(2) 'Article' means a finished product or manufactured item: (A) Which is formed to a specific shape or design during manufacture; (B) Which has end use functions dependent in whole or in part upon its shape or design during end use; and (C) Which has either no change of chemical composition during end use or only those changes of composition which have no commercial purpose separate from that of the article.
(2)(3) 'Chemical name' means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry or the system developed by the Chemical Abstracts Service. (3) 'Commissioner' means the Commissioner of Labor or his designee. (4) 'Common name' means any designation or identification such as a code name, code number, trade name, or brand name used to identify a chemical other than by its chemical name. (5) 'Contractor,' 'independent contractor,' or 'public contractor' means any person under a contract or agreement to provide labor or services to a public employer. (6) 'Department' means the Department of Labor office of the Safety Fire Commissioner. (7) 'Distributor' means an individual or employer, other than the manufacturer or importer, who supplies hazardous chemicals directly to users or to other distributors. (8) 'Employee' or 'public employee' means any person who is employed by any branch, department, board, bureau, commission, authority, or other agency of the state and any inmate under the jurisdiction of the Department of Corrections performing a work assignment which requires the handling of any hazardous chemicals. Such term shall not include those employees of the Environmental Protection Division of the Department of Natural Resources who are responsible for on-site response and assistance in the case of environmental emergencies while such employees are engaged in responding to such emergencies. (9) 'Employer' or 'public employer' means any branch, department, board, bureau, commission, authority, or other agency of the state which employs or appoints an employee or employees. An independent contractor or subcontractor shall be deemed the sole employer of its employees, even when such employees are performing work at the workplace of another employer. (10) 'Exposed' or 'exposure' means that an employee is required by a public employer to be subjected to a hazardous chemical in the course of employment through any route of entry, including but not limited to, inhalation, ingestion, skin contact, or absorption and includes potential or accidental exposure. (11) 'Hazardous chemical' means any chemical which is a physical hazard or a health hazard. (11.1)(12) 'Health hazard' means a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed employees and shall include all examples of hazardous chemicals to which reference
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is made in the definition of 'health hazard' under the Occupational Safety and Health Administration standard, 29 CFR Section 1910.1200 (1987). (12)(13) 'Importer' means the first individual or employer within the Customs Territory of the United States who receives hazardous chemicals produced in other countries for the purpose of supplying them to distributors or users within the United States. (13) 'Impurity' means a hazardous chemical which is unintentionally present with another chemical or mixture. (14) Reserved. (15)(14) 'Manufacturer' means a person who produces, synthesizes, extracts, or otherwise makes hazardous chemicals. (16)(15) 'Material safety data sheet' means the document prepared by manufacturers in accordance with the requirements of the Occupational Safety and Health Administration standard, 29 CFR Sections 1910.0000 through 1910.1500 (1987) and containing the following information:
(A) The chemical name and the common name of the hazardous chemical; (B) The hazards or other risks in the use of the hazardous chemical, including:
(i) The potential for fire, explosion, corrosivity, and reactivity; (ii) The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the hazardous chemical; and (iii) The primary routes of entry and the symptoms of overexposure; (C) The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the hazardous chemicals, including appropriate emergency treatment in case of overexposure; (D) The emergency procedures for spills, fire, disposal, and first aid; (E) A description in lay terms of the known specific potential health risks posed by the hazardous chemical intended to alert any person reading this information; and (F) The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. (17) 'Medical emergency' means a medical condition which poses an imminent threat to a person's health, caused or suspected to have been caused by exposure to a hazardous chemical, and which requires immediate treatment by a physician. (18)(16) 'Mixture' means any combination of two or more chemicals, if the combination is not, in whole or in part, the result of a chemical reaction. (19)(17) 'Occupational Safety and Health Administration standard' means the Hazard Communication Standard issued by the Occupational Safety and Health Administration, 29 CFR Sections 1910.0000 through 1910.1500 (1987). (20)(18) 'Person' means any individual, natural person, public or private corporation, incorporated association, government, government agency, partnership, or unincorporated association.
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(20.1)(19) 'Physical hazard' means a chemical for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive), or water reactive. (21)(20) 'Produce' means to manufacture, process, formulate, or repackage. (22) 'Specific chemical identity' means the chemical name, the Chemical Abstracts Service Registry Number, or any other specific information which reveals the precise chemical designation. (23)(21) 'Work area' means a room inside a building or structure, an outside area, or other defined space in a workplace where hazardous chemicals are produced, stored, or used and where employees are present in the course of their employment. (24)(22) 'Workplace' means an establishment or business at one geographic location at which work is performed by a state employee and which contains one or more work areas. In the case of an independent contractor or subcontractor, the workplace shall be defined as all work areas wholly owned or controlled by such independent contractor or subcontractor."
SECTION 2. Said chapter is further amended in Code Section 45-22-5, relating to exclusions from chapter, exclusions from labeling requirements, and dissemination of information, by revising subsection (c) as follows:
"(c) The department shall be responsible for the dissemination of appropriate information available on the nature and hazards of hazardous chemicals. The department shall promptly assist employers and employees with inquiries concerning the hazardous nature of such chemicals."
SECTION 3. Said chapter is further amended by revising Code Section 45-22-6, relating to assistance of the Governor's Employment and Training Council in reviewing and preparing rules and regulations, as follows:
"45-22-6. (a) The Governor's Employment and Training Council shall assist the department in reviewing and preparing department shall promulgate such rules and regulations as may be necessary to administer this chapter. For the purposes of this chapter, the council shall meet at the call of the Commissioner. When the council is meeting for the purposes of this chapter, it shall make a report of each meeting, which shall include a record of its discussions and recommendations. The department shall make such reports available to any interested person or group. (b) The Governor's Employment and Training Council or the Commissioner department shall be authorized to consult with persons knowledgeable in the field of hazardous chemicals and to create committees composed of such consultants and members of the council to assist the council and Commissioner department in carrying out their its duties under this chapter.
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(c) The department shall consider the advice and recommendations of the council in promulgating rules and regulations and their amendments. If the department rejects the advice and recommendations of the council, the department must provide written reasons for such rejection."
SECTION 4. Said chapter is further amended by revising Code Section 45-22-7, relating to material safety data sheets, notice to employees, and rights of employees, as follows:
"45-22-7. (a) The manufacturer, importer, or distributor of any hazardous chemical shall prepare and provide the direct purchasers of such hazardous chemicals and, upon request, the department, with a material safety data sheet which, to the best knowledge of the manufacturer, importer, or distributor, is current, accurate, and complete, based on information then reasonably available to the manufacturer, importer, or distributor, and provide a copy of the material safety data sheet to employers who purchase such hazardous chemicals and an electronic copy to the department annually. (b) Any person who produces a mixture may, for the purposes of this Code section, prepare and use a mixture material safety data sheet, subject to the provisions of subsection (j) of this Code section. (c) A manufacturer, importer, distributor, or employer may provide the information required by this Code section on an entire mixture, instead of on each hazardous chemical in it, when all of the following conditions exist:
(1) Toxicity test information exists on the mixture itself or adequate information exists to form a valid judgment of the hazardous properties of the mixture itself and the material safety data sheet indicates that the information presented and the conclusions drawn are from some source other than direct test data on the mixture itself, and that a material safety data sheet on each constituent hazardous chemical identified on the material safety data sheet is available upon request; (2) Provision of information on the mixture will be as effective in protecting employee health as information on the ingredients; (3) The hazardous chemicals in the mixture are identified on the material safety data sheet unless it is unfeasible to describe all the ingredients in the mixture, provided that the reason why the hazardous chemicals in the mixture are not identified shall be stated on the material safety data sheet; and (4) A single mixture material safety data sheet may be provided for more than one formulation of a product mixture if the information provided does not vary for the formulation. (d) A manufacturer, importer, or distributor who is responsible for preparing and transmitting a material safety data sheet under the provisions of this Code section shall revise such material safety data sheet on a timely basis, as appropriate to the importance of any new information which would affect the contents of the existing material safety data sheet, and in any event within three months of such information becoming available to the manufacturer, importer, or distributor. Each such manufacturer,
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importer, or distributor shall provide a copy of the material safety data sheet to employers who have purchased such hazardous chemicals and an electronic copy to the department. (e) Any person subject to the provisions of this Code section shall be relieved of the obligation to provide a direct purchaser of a hazardous chemical with a material safety data sheet if:
(1) If he He or she has a record of having provided the direct purchaser with the most recent version of the material safety data sheet; (2) If the The chemical is labeled pursuant to:
(A) The federal Atomic Energy Act; or (B) The federal Resource Conservation Recovery Act; or (3) If the The article is one sold at retail and is incidentally sold to an employer or the employer's employees in the same form, approximate amount, concentration, and manner as it is sold to consumers, and, to the seller's knowledge, employee exposure to the article is not significantly greater than the consumer exposure occurring during the principal consumer use of the article. (f) If an employer is not supplied with a material safety data sheet by a manufacturer, importer, or distributor for a hazardous chemical subject to this Code section, such employer shall, within a reasonable amount of time after discovering that a material safety data sheet has not been supplied, use diligent efforts to obtain such material safety data sheet from the manufacturer, importer, or distributor. For purposes of this subsection, 'diligent efforts' shall mean a prompt inquiry by the employer to the manufacturer, importer, or distributor of the hazardous chemicals; provided, however, that an independent contractor or subcontractor shall be responsible for obtaining the material safety data sheet for his employees in the workplace of another. (g) If after having used diligent efforts, an employer still fails to obtain a material safety data sheet, he such employer shall request notify the department of the employer's inability to obtain such material safety data sheet on his behalf. (h) An employer who has used diligent efforts and who has made a documented request notification to the department pursuant to this Code section shall not be found in violation of this Code section with respect to the material safety data sheet which was not supplied by the manufacturer, importer, or distributor as required by this Code section. (i) Every employer who manufactures, produces, uses, applies, or stores hazardous chemicals in the workplace shall post a notice as prescribed by rule or regulation promulgated by the department in a place where notices are normally posted, informing employees of their rights under this chapter. (j) Every employer who manufactures, produces, uses, applies, or stores hazardous chemicals in the workplace shall maintain a material safety data sheet for each hazardous chemical which is present in such workplace. All material safety data sheets shall be readily available in the workplace; provided, however, that employers who maintain one or more work areas which are not fixed at specific geographic locations
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shall be authorized to maintain material safety data sheets for each hazardous chemical used in such work area at a central location.
(k)(1) A material safety data sheet may be kept in any form, including operations procedures, and may be designed to cover groups of hazardous chemicals in a work area where it may be appropriate to address the hazards of a process rather than individual hazardous chemicals. The employer shall ensure that in all cases the required information is provided for each hazardous chemical, and is readily accessible during each workshift to employees when they are in their work area; provided, however, that employers who maintain one or more work areas which are not fixed at specific geographic locations shall be authorized to maintain material safety data sheets for each hazardous chemical used in such work area at a central location. (2) Any employee may request in writing and shall have the right to examine and obtain the material safety data sheets for the hazardous chemicals to which he is, has been, or may be exposed. The employer shall provide any material safety data sheet within its possession within five of the requesting employee's working days, subject to the provisions of subsection (g) of this Code section. The employer may adopt reasonable procedures for acting upon such requests to avoid interruption of normal work operations. (3) An independent contractor or subcontractor working in the workplace of another employer may request in writing and shall have the right to examine the material safety data sheets for the hazardous chemicals to which he or his employees are, have been, or may be exposed. The employer shall provide any material safety data sheet within its possession within five of the requesting independent contractor's or subcontractor's working days, subject to the provisions of subsection (g) of this Code section. The employer may adopt reasonable procedures for acting upon such requests to avoid interruption of normal work operations. (4) If an employee who has requested a material safety data sheet pursuant to this chapter has not received such material safety data sheet within five of the requesting employee's working days, subject to the provisions of subsection (g) of this Code section, that employee may refuse to work with the chemical for which he has requested the material safety data sheet until such material safety data sheet is provided by the employer; provided, however, that nothing contained in this paragraph shall be construed to permit any employee to refuse to perform essential services, as such term is defined by rule or regulation; provided, further, that nothing in this paragraph shall be construed to interfere with the right of the employer to transfer an employee who so refuses to work to other duties until such material safety data sheet is provided, such a transfer not to be considered as a discriminatory act under Code Section 45-22-10. No pay, position, seniority, or other benefits shall be lost for exercise of any right provided by this chapter as a result of such a transfer. (l) No employer shall discharge or otherwise discriminate against an employee for the employee's assertion of the employee's rights under this chapter.
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(m) For the purposes of this Code section, an employer, independent contractor, or subcontractor shall maintain material safety data sheets for their own workplaces only; provided, however, that employees of such independent contractor or subcontractor, insofar as they are exposed in the course of their employment to hazardous chemicals in other workplaces, shall have the right to examine material safety data sheets for those chemicals to which they are exposed from the workplace employer through a written request to their own employer as provided in paragraph (2) of subsection (k) of this Code section. Employers must advise employees that they can obtain further information from the department. Nothing contained in this chapter shall be construed to require an employer to conduct studies to develop new information."
SECTION 5. Said chapter is further amended in Code Section 45-22-8, relating to information and training standards, by revising subsection (c) as follows:
"(c) The department shall by rule and or regulation establish minimum information and training standards for compliance with this Code section. The Governor's Employment and Training Council shall be authorized to make recommendations to the department regarding the development and implementation of such standards."
SECTION 6. Said chapter is further amended by revising Code Section 45-22-11, relating to filing of employee grievances, termination of contract by employer for violation of Code Section 45-22-4, ability of employers to dismiss or discipline employees, and judicial review of grievances, as follows:
"45-22-11. (a) In order to enforce the provisions of this chapter, any employee adversely affected by a violation of this chapter by that employee's employer may file a grievance in accordance with the employer's established grievance procedures. Appointing authorities shall pursue all complaints concerning occupational exposure to hazardous chemicals. Employees dissatisfied with a final decision of an appointing authority may file a grievance with the Commissioner. (b) Upon any violation of Code Section 45-22-4 by a contractor, the employer under agreement with such contractor shall have the right to terminate the contract without liability. (c) Nothing in this chapter shall change or modify the right or ability of employers to dismiss or discipline employees in accordance with the laws of this state. (d) Any employee adversely affected by dissatisfied with a final decision of the Commissioner an appointing authority with regard to a grievance filed pursuant to subsection (a) of this Code section shall be entitled to judicial review in the same manner as provided for judicial review of contested cases in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
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SECTION 7. This Act shall become effective on January 1, 2016.
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 E Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague
Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly
Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows E Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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.
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The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 304. By Representatives Hightower of the 68th, Strickland of the 111th, Efstration of the 104th, Reeves of the 34th, Tanner of the 9th and others:
A BILL to be entitled an Act to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentence, so as to clarify service of consecutive sentences; 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 E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley
Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain
Y Meadows E Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw
Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
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On the passage of the Bill, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 396. By Representatives Knight of the 130th, Harrell of the 106th, Battles of the 15th, Williamson of the 115th and 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 clarify the penalty for failure to file return or pay revenue held in trust for the state; to prevent the obstruction of officials levying tax executions; to clarify the definition of prescription; 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 Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to clarify the penalty for failure to file return or pay revenue held in trust for the state; to prevent the obstruction of officials levying tax executions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Code Section 48-2-44, relating to the penalty for failure to file a return or pay revenue held in trust for the state, as follows:
"48-2-44. (a) In any instance in which any person willfully fails to file a report, return, or other information required by law or willfully fails to pay the commissioner any revenue held in trust for the state, he such person shall pay, in the absence of a specific statutory civil penalty for the failure, a penalty of 10 percent of the amount of revenue held in trust and not paid on or before the time prescribed by law, together with interest on the principal amount at the rate specified in Code Section 48-2-40 from the date the return should have been filed or the revenue held in trust should have been remitted until it is paid.
(b)(1) In any instance in which any person willfully fails, on or after July 1, 1981, to pay, within 90 days of the date when due, any ad valorem tax owed the state or any local government, he such person shall pay, in the absence of a specific statutory civil
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penalty for the failure, a penalty of 10 percent of the amount of tax due and not paid on or before the time prescribed by law at the time such penalty is assessed, together with interest as specified by law. This 10 percent penalty shall not, however, apply in the case of:
(A) Ad valorem taxes of $500.00 or less on homestead property as defined in Part 1 of Article 2 of Chapter 5 of this title; or (B) With respect to tax year 1986 and future tax years, ad valorem taxes of any amount on homestead property as defined in Part 1 of Article 2 of Chapter 5 of this title, if the homestead property was during the tax year acquired by a new owner who did not receive a tax bill for the tax year and who immediately before acquiring the homestead property resided outside the State of Georgia and if the taxes are paid within one year following the due date. (2) Any city or county authorized as of April 22, 1981, by statute or constitutional amendment to receive a penalty of greater than 10 percent for failure to pay an ad valorem tax is authorized to continue to receive that amount. (3) With respect to all penalties and interest received by the tax commissioner on or after July 1, 1998, unless otherwise specifically provided for by general law, the tax commissioner shall distribute penalties collected and interest collected or earned as follows: (A) Penalties collected for failure to return property for ad valorem taxation or for failure to pay ad valorem taxes, and interest earned by the tax commissioner on taxes collected but not yet disbursed, shall be paid into the county treasury in the same manner and at the same time the tax is collected and distributed to the county, and they shall remain the property of the county; and (B) Interest collected on delinquent ad valorem taxes shall be distributed pro rata based on each taxing jurisdiction's share of the total tax on which the interest was computed."
SECTION 2. Said title is further amended by revising Code Section 48-3-27, relating to the penalty for obstructing levying officers, as follows:
"48-3-27. (a) It is unlawful for any person knowingly and willfully to obstruct or hinder:
(1) The the commissioner or his or her authorized representatives in the levy of a state tax execution.; or (2) Any sheriff, ex officio sheriff, tax commissioner, or municipal levy officer in the levy of a state, county, or municipal tax execution. (b) Any person who violates this Code section shall be guilty of a misdemeanor."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
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SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison E Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain
Y Meadows E Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw
Sims
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 Tankersley Y Tanner
Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites
Watson Y Welch Y Weldon Y Werkheiser 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.
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HB 72. By Representatives Willard of the 51st, Jones of the 47th, Abrams of the 89th, Cooper of the 43rd, Hugley of the 136th and others:
A BILL to be entitled an Act to amend Title 16, Article 1 of Chapter 8 of Title 17, Chapter 5 of Title 30, and Title 31 of the O.C.G.A., relating to crimes and offenses, general provisions for trial, protection of disabled adults and elder persons, and health, respectively, so as to expand and clarify protection of disabled adults and elder persons; to provide for and revise definitions; to repeal provisions relating to exclusion of evidence obtained during the execution of an inspection warrant; 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 E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston
Howard Y Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby
Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo
Y Meadows E Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett
Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
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Y Coleman Y Cooke
Y Greene Y Hamilton
Y McCall Y McClain
Y Shaw Y Sims
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 439. By Representatives Shaw of the 176th, Abrams of the 89th, England of the 116th, Hatchett of the 150th, Knight of the 130th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to establish qualified low-income community investment; to provide for a short title; to provide for 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.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to establish qualified low-income community investment; to provide for a short title; to provide for 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, is amended by adding a new Code section to read as follows:
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"33-1-24. (a) This Code section shall be known and may be cited as the 'Georgia New Markets Jobs Act.' (b) As used in this Code section, the term:
(1) 'Affiliate' means an entity that directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control with the entity specified. (2) 'Applicable percentage' means 0 percent for the first two credit allowance dates, 12 percent for the next three credit allowance dates, and 11 percent for the next two credit allowance dates. (3) 'Credit allowance date' means with respect to any qualified equity investment:
(A) The date on which such investment is initially made; and (B) Each of the six anniversary dates of such date thereafter. (4) 'Department' means the Department of Community Affairs. (5) 'Letter ruling' means a written interpretation of law to a specific set of facts provided by the applicant requesting a letter ruling. (6) 'Long-term debt security' means any debt instrument issued by a qualified community development entity, at par value or a premium, with an original maturity date of at least seven years from the date of its issuance, with no acceleration of repayment, amortization, or prepayment features prior to its original maturity date. The qualified community development entity that issues the debt instrument may not make cash interest payments on the debt instrument during the period beginning on the date of issuance and ending on the final credit allowance date in an amount that exceeds the cumulative operating income, as defined by regulations adopted under Section 45D of the Internal Revenue Code of 1986, as amended, of the qualified community development entity for that period prior to giving effect to the expense of such cash interest payments. The foregoing shall in no way limit the holder's ability to accelerate payments on the debt instrument in situations where the qualified community development entity has defaulted on covenants designed to ensure compliance with this Code section or Section 45D of the Internal Revenue Code of 1986, as amended. (7) 'Purchase price' means the amount paid to the qualified community development entity that issues the qualified equity investment for such qualified equity investment. (8) 'Qualified active low-income community business' shall have the same meaning given such term in Section 45D of the Internal Revenue Code of 1986, as amended, and 26 C.F.R. Section 1.45D-1 but is limited to those businesses, including affiliates of such businesses, that have fewer than 250 employees and not more than $10 million in net income in the previous year at the time the qualified low-income community investment is made, provided that the employees and net income of affiliates of the business shall not be aggregated for purposes of satisfying this requirement if the affiliate business is classified under a different North American Industry Classification system code. A business shall be considered a qualified active low-income community business for the duration of the qualified community
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development entity's investment in, or loan to, the business if the entity reasonably expects, at the time it makes the investment or loan, that the business will continue to satisfy the requirements for being a qualified active low-income community business, other than the size and net income standards, throughout the entire period of the investment or loan. Such term excludes any business that derives or projects to derive 15 percent or more of its annual revenue from the rental or sale of real estate. This exclusion does not apply to a business that is controlled by, or under common control with, another business if the second business: (A) does not derive or project to derive 15 percent or more of its annual revenue from the rental or sale of real estate and (B) is the primary tenant of the real estate leased from the first business. (9) 'Qualified community development entity' shall have the same meaning given such term in Section 45D of the Internal Revenue Code of 1986, as amended, provided that such entity has entered into, for the current year or any prior year, an allocation agreement with the Community Development Financial Institutions Fund of the United States Treasury Department with respect to credits authorized by Section 45D of the Internal Revenue Code of 1986, as amended, which includes the State of Georgia within the service area set forth in such allocation agreement. Such term shall include subsidiary community development entities of any such qualified community development entity. (10) 'Qualified equity investment' means any equity investment in, or long-term debt security issued by, a qualified community development entity that:
(A) Is acquired after the effective date of this Code section at its original issuance solely in exchange for cash; (B) Has at least 85 percent of its cash purchase price used by the qualified community development entity to make qualified low-income community investments in qualified active low-income community businesses located in this state by the first anniversary of the initial credit allowance date; and (C) Is designated by the qualified community development entity as a qualified equity investment under this paragraph and is certified by the department as not exceeding the limitation contained in paragraph (6) of subsection (e) of this Code section. Such term shall include any qualified equity investment that does not meet the provisions of subparagraph (A) of this paragraph if such investment was a qualified equity investment in the hands of a prior holder. (11) 'Qualified low-income community investment' means any capital or equity investment in, or loan to, any qualified active low-income community business; but, with respect to any one qualified active low-income community business, the maximum amount of qualified low-income community investments made in such business, on a collective basis with all of the businesses' affiliates, with the proceeds of qualified equity investments certified pursuant to subsection (e) of this Code section is $4 million, exclusive of qualified low-income community investments made with repaid or redeemed qualified low-income community investments or interest or profits realized thereon.
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(12) 'State premium tax liability' means any liability incurred by any entity under Code Sections 33-3-26 and 33-8-4, or, if the tax liability under Code Sections 33-3-26 and 33-8-4 is eliminated or reduced, the term shall also mean any tax liability imposed on an insurance company or other person that had premium tax liability under the laws of this state. (c) Any entity that makes a qualified equity investment earns a vested right to credit against the entity's state premium tax liability on a premium tax report filed under this Code section that may be utilized as follows: (1) On each credit allowance date of such qualified equity investment, the entity, or subsequent holder of the qualified equity investment, shall be entitled to utilize a portion of such credit during the taxable year, including such credit allowance date; (2) The credit amount shall be equal to the applicable percentage for such credit allowance date multiplied by the purchase price paid to the qualified community development entity; and (3) The amount of the credit claimed by an entity shall not exceed the amount of such entity's state premium tax liability for the tax year for which the credit is claimed. Any amount of tax credit that the entity is prohibited from claiming in a taxable year as a result of this Code section may be carried forward for use in any subsequent taxable year. (d) No tax credit claimed under this Code section shall be refundable or saleable on the open market. Tax credits earned by or allocated to a partnership, limited liability company, or S-corporation may be allocated to the partners, members, or shareholders of such entity for their direct use in accordance with the provisions of any agreement among such partners, members, or shareholders. Such allocation shall be not considered a sale for purposes of this Code section. (e)(1) A qualified community development entity that seeks to have an equity investment or long-term debt security designated as a qualified equity investment and that is eligible for tax credits under this Code section shall apply to the department. The department shall begin accepting applications on August 1, 2015. The qualified community development entity shall include the following:
(A) Evidence of the applicant's certification as a qualified community development entity, including evidence of the service area of the entity that includes this state; (B) A copy of an allocation agreement executed by the applicant, or its controlling entity, and the Community Development Financial Institutions Fund; (C) A certificate executed by an executive officer of the applicant: (i) attesting that the allocation agreement remains in effect and has not been revoked or cancelled by the Community Development Financial Institutions Fund and (ii) stating the cumulative amount of allocations awarded to the applicant by the Community Development Financial Institutions Fund and by other state or states under their New Markets programs; (D) A description of the proposed amount, structure, and purchaser of the qualified equity investment;
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(E) Examples of the types of qualified active low-income businesses in which the applicant, its controlling entity, or affiliates of its controlling entity have invested under the federal New Markets Tax Credit Program. Applicants are not required to identify qualified active low-income community businesses in which they will invest when submitting an application; (F) A nonrefundable application fee of $5,000.00. This fee shall be paid to the department and shall be required of each application submitted; and (G) The refundable performance fee required by paragraph (1) of subsection (h) of this Code section. (2) A qualified community development entity, on an aggregate basis with all of its subsidiary qualified community development entities, may not apply to have equity investments or long-term debt instruments designated as qualified equity investments under this subsection in excess of the total amount of allocations awarded to such applicant and its subsidiary qualified community development entities by the Community Development Financial Institutions Fund under Section 45D of the Internal Revenue Code of 1986, as amended, and by any other state or states under their New Markets programs. (3) Within 30 days after receipt of a completed application containing the information set forth in paragraph (1) of this subsection, including the payment of the application fee and the refundable performance fee, the department shall grant or deny the application in full or in part. If the department denies any part of the application, it shall inform the qualified community development entity of the grounds for the denial. If the qualified community development entity provides any additional information required by the department or otherwise completes its application within 15 business days of the notice of denial, the application shall be considered completed as of the original date of submission. If the qualified community development entity fails to provide the information or complete its application within the 15 business day period, the application shall remain denied and must be resubmitted in full with a new submission date. (4) If the application is complete, the department shall certify the proposed equity investment or long-term debt security as a qualified equity investment that is eligible for tax credits under this Code section, subject to the limitations contained in paragraph (5) of this subsection. The department shall provide written notice of the certification to the qualified community development entity. The notice shall include the names of those entities who will earn the credits which may be further allocated pursuant to subsection (d) of this Code section and their respective credit amounts. If the names of the entities that are eligible to utilize the credits change due to a transfer of a qualified equity investment authority under paragraph (7) of this subsection or an allocation pursuant to subsection (d) of this Code section, the qualified community development entity shall notify the department of such change. (5) The department shall certify qualified equity investments in the order applications are received by the department. Applications received on the same day shall be deemed to have been received simultaneously. For applications that are complete and
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received on the same day, the department shall certify, consistent with remaining qualified equity investment capacity, the qualified equity investments in proportionate percentages based upon the ratio of the amount of qualified equity investment requested in an application to the total amount of qualified equity investments requested in all applications received on the same day. (6) The department shall certify $240 million in qualified equity investments. If a pending request cannot be fully certified due to this limit, the department shall certify the portion that may be certified unless the qualified community development entity elects to withdraw its request rather than receive partial certification. (7) An approved applicant may transfer all or a portion of its certified qualified equity investment authority to its controlling entity or any subsidiary qualified community development entity of the controlling entity, provided that the applicant provides the information required in the application with respect to such transferee and the applicant notifies the department of such transfer within 30 days of the transfer. The department shall acknowledge such transfer if requested by the approved applicant. (8) Within 30 days of the applicant receiving notice of certification, the qualified community development entity or any transferee under paragraph (7) of this subsection shall issue the qualified equity investment and receive cash in the certified amount. The qualified community development entity or transferee under paragraph (7) of this subsection must provide the department with evidence of the receipt of the cash investment within ten business days after receipt. If the qualified community development entity or any transferee under paragraph (7) of this subsection does not receive the cash investment and does not issue the qualified equity investment within 30 days following receipt of the certification notice, the certification shall lapse and the entity may not issue the qualified equity investment without reapplying to the department for certification. Lapsed certifications revert back to the department and shall be reissued, first, pro rata to other applicants whose qualified equity investment allocations were reduced under paragraph (5) of this subsection and, thereafter, in accordance with application process. (9) A qualified community development entity that issues qualified equity investments must notify the department of the names of the entities that are eligible to utilize tax credits pursuant to subsection (d) of this Code section. (f)(1) The department shall recapture from the entity that claimed the credit on a return the tax credit allowed under this Code section if:
(A) Any amount of a federal tax credit available with respect to a qualified equity investment that is eligible for a credit under this Code section is recaptured under Section 45D of the Internal Revenue Code of 1986, as amended. In such case, the department's recapture shall be proportionate to the federal recapture with respect to such qualified equity investment; (B) The qualified community development entity redeems or makes principal repayment with respect to a qualified equity investment prior to the seventh anniversary of the issuance of such qualified equity investment. In such case, the
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department's recapture shall be proportionate to the amount of the redemption or repayment with respect to such qualified equity investment; (C) The qualified community development entity fails to invest an amount equal to 85 percent of the purchase price of the qualified equity investment in qualified lowincome community investments in Georgia within 12 months of the issuance of the qualified equity investment and maintain at least 85 percent of such level of investment in qualified low-income community investments in Georgia until the last credit allowance date for the qualified equity investment. For purposes of this Code section, an investment shall be considered held by a qualified community development entity even if the investment has been sold or repaid if the qualified community development entity reinvests an amount equal to the capital returned to or recovered by the qualified community development entity from the original investment, exclusive of any profits realized, in another qualified low-income community investment within 12 months of the receipt of such capital. Periodic amounts received as repayment of principal pursuant to regularly scheduled amortization payments on a loan that is a qualified low-income community investment shall be treated as continuously invested in a qualified low-income community investment if the amounts are reinvested in one or more qualified lowincome community investments by the end of the following calendar year. A qualified community development entity shall not be required to reinvest capital returned from qualified low-income community investments after the sixth anniversary of the issuance of the qualified equity investment, the proceeds of which were used to make the qualified low-income community investment, and the qualified low-income investment community shall be considered held by the qualified community development entity through the seventh anniversary of the qualified equity investment's issuance; (D) Any distribution or debt payment in violation of paragraph (1) of subsection (k) of this Code section; or (E) Any violation of subsection (l), (m), or (n) of this Code section. (2) Recaptured or returned tax credits and the related qualified equity investment authority revert back to the department and shall be reissued, first, pro rata to other applicants whose qualified equity investment allocations were reduced under paragraph (5) of subsection (e) of this Code section and, thereafter, in accordance with the application process. (g) Enforcement of each of the recapture provisions in subsection (f) of this Code section shall be subject to a six-month cure period. No recapture shall occur until the qualified community development entity shall have been given notice of noncompliance and afforded six months from the date of such notice to cure the noncompliance. (h)(1) A qualified community development entity that seeks to have an equity investment or long-term debt security designated as a qualified equity investment and eligible for tax credits under this subsection shall pay a fee in the amount one-half of 1 percent of the amount of the equity investment or long-term debt security requested
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to be designated as a qualified equity investment to the department for deposit in the New Markets Performance Guarantee Account, which is hereby established. The entity shall forfeit the fee in its entirety without the benefit of subsection (g) of this Code section if:
(A) The qualified community development entity and its subsidiary qualified community development entities fail to issue the total amount of qualified equity investments certified by the administrator and receive cash in the total amount certified under paragraph (5) of subsection (e) of this Code section; or (B) The qualified community development entity or any subsidiary qualified community development entity that issues a qualified equity investment certified under this subsection fails to make qualified low-income community investments in qualified active low-income community businesses in this state equal to at least 85 percent of the purchase price of the qualified equity investment in compliance with subsection (l) of this Code section by the second credit allowance date of such qualified equity investment. (2) The fee required under paragraph (1) of this subsection shall be paid to the department and held in the New Markets Performance Guarantee Account until such time as compliance with the provisions of this subsection shall have been established. The qualified community development entity may request a refund of the fee from the department no sooner than 30 days after the qualified community development entity and all transferees under paragraph (7) of subsection (e) of this Code section have invested 85 percent of the purchase price of qualified equity investments issued by the qualified community development entity and such transferees by the second credit allowance date in compliance with subsection (l) of this Code section. The state treasurer shall have 30 days to comply with such request or give notice of noncompliance. (i)(1) The department shall issue letter rulings regarding the tax credit program authorized under this Code section, subject to the terms and conditions set forth in this Code section. (2) The department shall respond to a request for a letter ruling within 60 days of receipt of such request. The applicant may provide a draft letter ruling for the department's consideration. The applicant may withdraw the request for a letter ruling, in writing, prior to the issuance of the letter ruling. The department may refuse to issue a letter ruling for good cause but must list the specific reasons for refusing to issue the letter ruling. Good cause includes, but is not limited to: (A) The applicant requests the department to determine whether a statute is constitutional or a regulation is lawful; (B) The request involves a hypothetical situation or alternative plans; (C) The facts or issues presented in the request are unclear, overbroad, insufficient, or otherwise inappropriate as a basis upon which to issue a letter ruling; and (D) The issue is currently being considered in a rule-making procedure, contested case, or other agency or judicial proceeding that may resolve the issue.
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(3) Letter rulings shall bind the department and the department's agents and their successors until such time as the entity or its shareholders, members, or partners, as applicable, claim all of such credits on a Georgia tax return or report, subject to the terms and conditions set forth in properly published regulations. The letter ruling shall apply only to the applicant. (4) In rendering letter rulings and making other determinations under this Code section, to the extent applicable, the department and the Department of Revenue shall look for guidance to Section 45D of the Internal Revenue Code of 1986, as amended, and the rules and regulations issued thereunder. (j)(1) An entity claiming a credit under this Code section is not required to pay any additional retaliatory tax levied under Code Section 33-3-26 as a result of claiming that credit. (2) In addition to the exclusion in paragraph (1) of this subsection, an entity claiming a credit under this Code section shall not be required to pay any additional tax that may arise as a result of claiming that credit. (k)(1) Once certified under paragraph (4) of subsection (e) of this Code section, a qualified equity investment shall not be decertified unless all of the requirements of paragraph (2) of this subsection have been met. Until all qualified equity investments issued by a qualified community development entity are decertified under this subsection, the qualified community development entity shall not be entitled to distribute to its equity holders or make cash payments on long-term debt securities that have been designated as qualified equity investments in an amount that exceeds the sum of: (i) the cumulative operating income, as defined by regulations adopted under Section 45D of the Internal Revenue Code of 1986, as amended, earned by the qualified community development entity since issuance of the qualified equity investment, prior to giving effect to any expense from the payment of interest on long-term debt securities designated as qualified equity investments, and (ii) 50 percent of the purchase price of the qualified equity investments issued by the qualified community development entity. (2) To be decertified, a qualified equity investment shall:
(A) Be beyond its seventh credit allowance date; (B) Have been in compliance with subsection (f) of this Code section up through its seventh credit allowance date, including any cures under subsection (g) of this Code section; and (C) Have had its proceeds invested in qualified low-income community investments such that the total qualified low-income community investments made, cumulatively including reinvestments, exceeds 150 percent of its qualified equity investment. (3) A community development entity that seeks to have a qualified equity investment decertified under this subsection shall send notice to the department of its request for decertification along with evidence supporting the request. The provisions of subparagraph (B) of paragraph (2) of this subsection shall be deemed to be met if no recapture action has been commenced by the department as of the seventh credit
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allowance date. Such request shall not be unreasonably denied and shall be responded to within 30 days of receiving the request. If the request is denied for any reason, the burden of proof shall be on the department in any administrative or legal proceeding that follows. (l) No qualified community development entity shall be entitled to pay to any affiliate of such qualified community development entity any fees in connection with any activity under this subsection prior to the decertification under subsection (k) of this Code section of all qualified equity investments issued by such qualified community development entity and all transferees under paragraph (7) of subsection (e) of this Code section. The foregoing shall not prohibit a qualified community development entity from allocating or distributing income earned by it to such affiliates or from paying reasonable interest on amounts loaned to the qualified community development entity by such affiliates. (m) A qualified active low-income community business that receives a qualified lowincome community investment from a qualified community development entity that issues qualified equity investments pursuant to this chapter, or any affiliates of such a qualified active low-income community business, may not directly or indirectly: (1) Own or have the right to acquire an ownership interest in a qualified community development entity or member or affiliate of a qualified community development entity, including, but not limited to, a holder of a qualified equity investment issued by the qualified community development entity; or (2) Lend to or invest in a qualified community development entity or member or affiliate of a qualified community development entity, including, but not limited to, a holder of a qualified equity investment issued by a qualified community development entity where the proceeds of the loan or investment are directly or indirectly used to fund or refinance the purchase of a qualified equity investment hereunder. For purposes of this subsection, a qualified community development entity is not considered an affiliate of a qualified active low-income community business solely as a result of its qualified low-income community investment in the business. (n) For purposes of satisfying subparagraph (f)(1)(C) of this Code section, a qualified community development entity, together with all transferees under paragraph (7) of subsection (e) of this Code section, shall: (1) Invest an amount equal to at least 25 percent of the purchase price of all qualified equity investments issued by the qualified community development entity and such transferees in qualified active low-income community businesses located in nonmetropolitan counties in this state as identified by the Community Development Financial Institutions Fund in connection with Section 45D of the Internal Revenue Code of 1986, as amended; and (2) Maintain such level of investment set forth in paragraph (1) of this subsection in accordance with subparagraph (f)(1)(C) of this Code section. (o)(1) Qualified community development entities issuing qualified equity investments shall submit a report to the department within the first five business days after the first anniversary of the initial credit allowance date that provides
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documentation as to the investment of 85 percent of the purchase price in qualified low-income community investments in qualified active low-income community businesses located in this state. The report shall include:
(A) A bank statement of the qualified community development entity evidencing each qualified low-income community investment; (B) Evidence that the business was a qualified active low-income community business at the time of the qualified low-income community investment; and (C) Evidence of the qualified community development entity's compliance with subsection (l) of this Code section. (2) After submitting the annual report required pursuant to subparagraph (A) of paragraph (1) of this subsection, the qualified community development entity shall submit an annual report to the department within 60 days of the beginning of the calendar year during the compliance period. An annual report is not due before the first anniversary of the initial credit allowance date. The report shall include, but not be limited to, the following: (A) Number of employment positions created and retained as a result of qualified low-income community investments; and (B) Average annual salary of positions described in subparagraph (A) of this paragraph."
SECTION 2. This Act shall become effective on July 1, 2015, and shall be applicable to all taxable years beginning on or after January 1, 2016.
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 E Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey
Dickerson Y Dickey Y Dickson N Dollar Y Douglas Y Drenner N Dudgeon
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley
Y Meadows E Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea
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 Tankersley
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Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M N Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman Y Cooke
Y Dukes Y Dunahoo N Duncan Y Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon N Gravley Y Greene Y Hamilton
Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley
Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett N Quick N Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Tanner Y Tarvin Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson N Welch Y Weldon N Werkheiser 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 151, nays 18.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 341. By Representatives Maxwell of the 17th, Taylor of the 79th, Gravley of the 67th and Frye of the 118th:
A BILL to be entitled an Act to amend Code Section 8-2-26.1 of the Official Code of Georgia Annotated, relating to definitions and requirements regarding state building, plumbing, and electrical codes, so as to provide that certain qualified inspectors may be certified by the Building Officials' Association of Georgia; 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 Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson
Y Meadows E Mitchell Y Morris Y Mosby Y Nimmer Y Nix
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer
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Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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.
HB 123. By Representative Yates of the 73rd:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to equipment and inspection of motor vehicles, so as to provide for the use of a safety chain or cable when operating a motor vehicle drawing a trailer; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
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To amend Code Section 40-6-254 of the Official Code of Georgia Annotated, relating to operation of a vehicle without adequately securing a load, so as to provide that the provisions relating to loads shall include certain trailers; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 40-6-254 of the Official Code of Georgia Annotated, relating to operation of a vehicle without adequately securing a load, is amended as follows:
"40-6-254. No person shall operate any motor vehicle with a load on or in such vehicle unless the load on or in such vehicle is adequately secured to prevent the dropping or shifting of such load onto the roadway in such a manner as to create a safety hazard. For purposes of this Code section, a load shall include, but not be limited to, a trailer required to be registered under Chapter 2 of this title. Any person who operates a vehicle in violation of this Code section shall be guilty of a misdemeanor."
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 E Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J
Jones, J.B. Jones, L Y Jones, S Y Jordan
Y Meadows E Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell
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Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson
Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
House of Representatives Coverdell Legislative Office Building
Room 411 Atlanta, GA 30334
March 11, 2015
Bill Reilly, Clerk Office of the Clerk 309 State Capitol Atlanta, GA 30334
Dear Mr. Reilly:
I am writing to notify you that I was on the House floor on Wednesday, March 11, 2015 during the vote on House Bill 123. I was unable to return to my seat in time to cast my vote.
I would like to have my vote recorded in favor of HB 123. Thank you for your consideration with this matter.
Sincerely,
/s/ Jeff Jones House District, 167
WEDNESDAY, MARCH 11, 2015
2067
HB 352. By Representatives Strickland of the 111th, Reeves of the 34th, Pak of the 108th, Trammell of the 132nd, Gravley of the 67th and others:
A BILL To be entitled an Act to amend Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery, so as to change provisions relating to discovery in misdemeanor cases; to provide for a defendant to opt into reciprocal discovery similar to provisions in felony cases; to require the defendant to provide the prosecuting attorney with a list of witness and alibi information; to provide for procedure; to provide for sanctions; 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 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery, so as to change provisions relating to discovery in misdemeanor cases; to provide for a defendant to opt into reciprocal discovery similar to provisions in felony cases; to require the defendant to provide the prosecuting attorney with a list of witness and alibi information; to provide for procedure; to provide for sanctions; 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 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery, is amended by revising Article 2, relating to discovery in misdemeanor cases, as follows:
"ARTICLE 2
17-16-20. (a) The provisions of this article shall apply only to misdemeanor cases or to felony cases docketed, indicted, or in which an accusation was returned prior to January 1, 1995, if the prosecuting attorney and the defendant do not agree in writing that the provisions of Article 1 of this chapter shall apply when at or prior to arraignment, or at such time the court permits, the defendant provides written notice to the prosecuting attorney that such defendant elects to have this article apply to the defendant's case. When one defendant in a multidefendant case demands discovery under this article, the provisions of this article shall apply to all defendants in the case, unless a severance is granted. (b) Except as provided in subsection (c) of this Code section, this article shall not apply to juvenile court proceedings.
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(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 Part 8 of Article 6 of Chapter 11 of Title 15, or pursuant to the Uniform Rules for the Juvenile Courts of Georgia when 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. (d) This article is not intended to authorize discovery or inspection of attorney work product.
17-16-21. (a) Prior to or at arraignment, every person charged with a criminal offense the defendant shall be furnished with a copy of the indictment or accusation and, on demand, with a list of the witnesses on whose testimony the charge against such person is founded. Without the consent of the defendant, no witness shall be permitted to testify for the state whose name does not appear on the list of witnesses as furnished to the defendant unless the prosecuting attorney shall state that the evidence sought to be presented is newly discovered evidence which the state was not aware of at the time of its furnishing the defendant with a list of the witnesses. (b) If a defendant elects to have this article apply, the prosecuting attorney, not later than ten days before trial, or as otherwise ordered by the court, shall provide the defendant with a list of witnesses that the state intends to call as witnesses at trial. Such list shall include the names, address and current locations, dates of birth, and telephone numbers of the state's witnesses, unless for good cause the court allows an exception to this requirement, in which event the defendant shall be afforded an opportunity to interview such witnesses prior to the witnesses being called to testify. If the witness is a law enforcement officer, the prosecuting attorney shall furnish to the defendant such officer's current work location and work phone number. (c) Within ten days after the prosecuting attorney provides a list of witnesses, but no later than five days prior to trial, or as otherwise ordered by the court, the defendant shall furnish the prosecuting attorney a list of witnesses that the defendant intends to call at trial. Such list shall include the names, address and current locations, dates of birth, and telephone numbers of the defendant's witnesses, unless for good cause the court allows an exception to this requirement, in which event the prosecuting attorney shall be afforded an opportunity to interview such witnesses prior to the witnesses being called to testify. (d) If prior to or during trial the prosecuting attorney or defendant learns of additional witnesses whose identity, if known, should have been included in the information furnished pursuant to this Code section, the discovering party shall notify the other party of the existence and identity of such additional witnesses. (e) The prosecuting attorney or defendant may call as a witness any individual listed on either witness list.
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17-16-22. (a) At If the defendant elects to have this article apply, the prosecuting attorney shall, at least ten days prior to the trial of the case, disclose to the defendant shall be entitled to have a copy of any statement given by the defendant while in police custody. The defendant may make such request for a copy of any such statement, in writing, within any reasonable period of time prior to trial. (b) If the defendant's statement is oral or partially oral, the prosecution shall furnish, in writing, all relevant and material portions of the defendant's statement. (c) Failure of the prosecution to comply with a defendant's timely written request for a copy of such defendant's statement, whether written or oral, shall result in such statement being excluded and suppressed from the prosecution's use in its case-in-chief or in rebuttal. If the defendant elects to have this article apply, the prosecuting attorney shall, at least ten days prior to the trial of the case, make available for inspection or copying by the defendant copies of the police incident report and all supplemental police reports, if any, regarding the occurrence which forms the basis of the charges. (d) If the defendant's statement is oral, no relevant and material, incriminating or inculpatory, portion of the statement of the defendant may be used against the defendant unless it has been previously furnished to the defendant, if a timely written request for a copy of the statement has been made by the defendant. (e)(d) This Code section shall not apply to evidence information subject to disclosure pursuant to this Code section which is discovered after a request has been filed. If a request has been filed, such evidence information shall be produced as soon as possible after it has been discovered.
17-16-23. (a) As used in this Code section, the term 'written scientific reports' includes, but is not limited to, reports from the Division of Forensic Sciences of the Georgia Bureau of Investigation; an autopsy report by the coroner of a county or by a private pathologist; blood alcohol test results done by a law enforcement agency or a private physician; and similar types of reports that would be used as scientific evidence by the prosecution in its case-in-chief or in rebuttal against the defendant. (b) In all criminal trials the defendant shall be entitled to have If the defendant elects to have this article apply, the prosecuting attorney shall, at least ten days prior to trial of the case, disclose to the defendant a complete copy of any written scientific reports in the possession of the prosecution which will be introduced in whole or in part against the defendant by the prosecution in its case-in-chief or in rebuttal. The request for a copy of any written scientific reports shall be made by the defendant in writing at arraignment or within any reasonable time prior to trial. If such written request is not made at arraignment, it shall be within the sound discretion of the trial judge to determine in each case what constitutes a reasonable time prior to trial. If the scientific report is in the possession of or available to the prosecuting attorney, the prosecuting attorney must comply with this Code section at least ten days prior to the trial of the case.
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(c) Failure by the prosecution to furnish the defendant with a copy of any written scientific report, when a proper and timely written demand has been made by the defendant, shall result in such report being excluded and suppressed from evidence in the prosecution's case-in-chief or in rebuttal.
17-16-24. If the defendant elects to have this article apply, the prosecuting attorney shall permit the defendant at a time agreed to by the parties or ordered by the court to inspect and copy or photograph books, papers, documents, photographs, tangible objects, or copies or portions thereof and to inspect audio and visual tapes or copies or portions thereof that are within the possession, custody, or control of the state or prosecution and are intended for use by the prosecuting attorney as evidence in the prosecution's case-inchief or rebuttal at the trial.
17-16-25. (a) If the defendant elects to have this article apply, when the prosecuting attorney provides a discovery response that includes the time, date, and place at which the alleged offense was committed, the defendant shall serve upon the prosecuting attorney a written notice of the defendant's intention to offer a defense of alibi. Such notice by the defendant shall state the specific place or places at which the defendant claims to have been at the time of the alleged offense and the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the defendant, upon whom the defendant intends to rely to establish such alibi unless previously supplied. (b) The prosecuting attorney shall serve upon the defendant within five days of the defendant's written notice but no later than five days before trial, whichever is later, a written notice stating the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the state, upon whom the state intends to rely to rebut the defendant's evidence of alibi unless previously supplied. (c) If prior to or during trial a party learns of an additional witness whose identity, if known, should have been included in the information furnished under subsection (a) or (b) of this Code section, the party shall promptly notify the other party of the existence and identity of such additional witness. (d) Upon a showing that a disclosure required by this Code section would create a substantial threat of physical or economic harm to a witness, the court may grant an exception to any of the requirements of subsections (a) through (c) of this Code section. (e) If the defendant withdraws the notice of intention to rely upon an alibi defense, the notice and intention to rely upon an alibi defense are not admissible. However, the prosecuting attorney may offer any other evidence regarding alibi.
17-16-26. If at any time during the course of the proceedings it is brought to the attention of the court that the state has failed to comply with the requirements of this article, the court may order the state to permit the discovery or inspection, grant a continuance, or, upon
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a showing of prejudice and bad faith, prohibit the state from introducing the evidence not disclosed or presenting the witness not disclosed, or may enter such other order as it deems just under the circumstances. If at any time during the course of the proceedings it is brought to the attention of the court that the defendant has failed to comply with the requirements of this article, the court may order the defendant to permit the discovery or inspection, interview of the witness, grant a continuance, or, upon a showing of prejudice and bad faith, prohibit the defendant from introducing the evidence not disclosed or presenting the witness not disclosed, or may enter such other order as it 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.
17-16-27. Nothing in this article shall supersede the prosecuting attorney's duty to disclose all evidence, known or that may become known to him or her, favorable to the defendant and material either to guilt or punishment."
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 E Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England
Epps Y Evans
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser
Y Meadows E Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett N Quick Y Raffensperger Y Rakestraw Y Ramsey
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
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Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell
Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 347. By Representatives Hightower of the 68th, Meadows of the 5th, Quick of the 117th, Kelley of the 16th, Efstration of the 104th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, so as to clarify provisions relating to interest on certain domestic relations cases; 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 Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, so as to clarify provisions relating to interest on certain domestic relations cases; 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 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, is amended by revising Code Section 7-4-12.1, relating to interest on arrearage on child support, as follows:
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"7-4-12.1. (a) All awards of child support, court orders, decrees, or judgments rendered pursuant to Title 19 expressed in monetary amounts shall accrue interest at the rate of 7 percent per annum commencing 30 days from the day date such award, court order, decree, or judgment is entered or an installment payment is due, as applicable. The court may modify the date on which interest shall begin to accrue. This Code section shall apply to all awards, court orders, decrees, and judgments rendered pursuant to Title 19. It shall not be necessary for the party to whom the child support is due to reduce any such award to judgment in order to recover such interest. The court shall have discretion in applying or waiving past due interest. In determining whether to apply, waive, or reduce the amount of interest owed, the court shall consider whether:
(1) Good cause existed for the nonpayment of the child support; (2) Payment of the interest would result in substantial and unreasonable hardship for the parent owing the interest; (3) Applying, waiving, or reducing the interest would enhance or detract from the parent's current ability to pay child support, including the consideration of the regularity of payments made for current child support of those dependents for whom support is owed; and (4) The waiver or reduction of interest would result in substantial and unreasonable hardship to the parent to whom interest is owed. (b) Subsection (a) of this This Code section shall not be construed to abrogate the authority of a IV-D agency to waive, reduce, or negotiate a settlement of unreimbursed public assistance in accordance with subsection (b) of Code Section 19-11-5. (c) Notwithstanding Code Section 7-4-12, 7-4-15, 9-12-10, or 13-6-13, when an award, court order, decree, or judgment for alimony or equitable division of assets and liabilities is payable in installments, interest on such award, court order, decree, or judgment shall not begin to accrue until an installment is 30 days past due unless otherwise ordered by the court."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all civil actions pending 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:
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Y Abrams Y Alexander Y Allison E Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows E Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer
Stephens, M Y Stephens, R Y Stephenson N Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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.
The Speaker announced the House in recess until 1:45 o'clock, this afternoon.
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AFTERNOON SESSION
The Speaker called the House to order.
Representative Rynders of the 152nd District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 370 HB 432 HB 551
Do Pass, by Substitute Do Pass Do Pass, by Substitute
Respectfully submitted, /s/ Rynders of the 152nd
Chairman
Representative Cheokas of the 138th District, Chairman of the Committee on Information and Audits, submitted the following report:
Mr. Speaker:
Your Committee on Information and Audits has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 565 Do Pass
Respectfully submitted, /s/ Cheokas of the 138th
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 476 HR 602 HR 603
Do Pass Do Pass Do Pass
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The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 476. By Representatives Gardner of the 57th, Smyre of the 135th, Abrams of the 89th, Hugley of the 136th, Thomas of the 56th and others:
A RESOLUTION commending Dr. Valerie Montgomery Rice and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 602. By Representatives Coleman of the 97th, Nix of the 69th, Holmes of the 129th, Ralston of the 7th, Burns of the 159th and others:
A RESOLUTION honoring the life and memory of C. Glenn Hartley and inviting his wife and children to be recognized by the House of Representatives; and for other purposes
HR 603. By Representatives Harden of the 148th, McCall of the 33rd, Epps of the 144th, Dickey of the 140th, Jasperse of the 11th and others:
A RESOLUTION congratulating Christopher and Ginger Martin upon being honored with the 2015 National Outstanding Young Farmer award and inviting them, their two children, Grantson and Wellsley, and Mark Freeman to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 621. By Representatives Henson of the 86th, Mosby of the 83rd, Oliver of the 82nd, Mitchell of the 88th, Holcomb of the 81st and others:
A RESOLUTION honoring the life and memory of Linda Womack; and for other purposes.
HR 622. By Representatives Kaiser of the 59th, Roberts of the 155th, Shaw of the 176th, Burns of the 159th, McCall of the 33rd and others:
A RESOLUTION honoring the life and memory of Spencer Pass; and for other purposes.
HR 623. By Representative Powell of the 32nd:
A RESOLUTION commending Franklin County Middle School Technology Student Association; and for other purposes.
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HR 624. By Representatives Henson of the 86th, Drenner of the 85th, Abrams of the 89th, Holcomb of the 81st, Bennett of the 94th and others:
A RESOLUTION commending the DeKalb School of the Arts upon being named an Advanced Placement Honors School; and for other purposes.
HR 625. By Representatives Henson of the 86th, Drenner of the 85th, Abrams of the 89th, Holcomb of the 81st, Bennett of the 94th and others:
A RESOLUTION congratulating the Clarkston High School cross country team for their victorious performance in the 2014 Cross Country State Championship; and for other purposes.
HR 626. By Representatives Scott of the 76th, Stovall of the 74th, Waites of the 60th, Douglas of the 78th, Jordan of the 77th and others:
A RESOLUTION commending Lydia Holden, Roberta T. Smith Elementary School's 2015 Teacher of the Year; and for other purposes.
HR 627. By Representatives Fludd of the 64th and Mabra of the 63rd:
A RESOLUTION commending Robert L. Crutchfield for his dedicated service; and for other purposes.
HR 628. By Representatives Burns of the 159th, Tankersley of the 160th and Parrish of the 158th:
A RESOLUTION recognizing and commending the Bulloch Academy girls basketball team on winning their second consecutive GISA Class AAA State Championship; and for other purposes.
HR 629. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION commending the Jefferson High School AFJROTC cadets for winning the state championship; and for other purposes.
HR 630. By Representatives Fludd of the 64th, Mabra of the 63rd, Yates of the 73rd and Stover of the 71st:
A RESOLUTION commending Carter Ries upon being named a State Honoree in the Prudential Spirit of Community Awards; and for other purposes.
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HR 631. By Representatives LaRiccia of the 169th, Roberts of the 155th, Corbett of the 174th, Nimmer of the 178th, Spencer of the 180th and others:
A RESOLUTION commending the Annual FNB South Community Golf Classic Tournament; and for other purposes.
HR 632. By Representatives Smith of the 70th and Nix of the 69th:
A RESOLUTION recognizing and commending Ms. April Blizzard, Heard County Elementary School's Teacher of the Year; and for other purposes.
HR 633. By Representatives Smyre of the 135th and Wilkinson of the 52nd:
A RESOLUTION honoring the life and memory of Don Keough; and for other purposes.
HR 634. By Representatives Wilkerson of the 38th, Sharper of the 177th, Kidd of the 145th, Evans of the 42nd and Ealum of the 153rd:
A RESOLUTION commending Kiwanis International for its dedicated service to the citizens of the State of Georgia and congratulating it upon the grand occasion of its centennial anniversary; and for other purposes.
HR 635. By Representatives Powell of the 32nd, Jasperse of the 11th, Rogers of the 10th, O`Neal of the 146th, Dickson of the 6th and others:
A RESOLUTION recognizing March 18, 2015, as Law Enforcement Appreciation Day at the capitol and commending law enforcement officers in Georgia; and for other purposes.
HR 636. By Representatives Hawkins of the 27th, Rogers of the 29th, Dunahoo of the 30th and Barr of the 103rd:
A RESOLUTION commending Katie Dionne upon being named a Distinguished Finalist in the Prudential Spirit of Community Awards; and for other purposes.
HR 637. By Representatives Cooper of the 43rd, Clark of the 101st, Hatchett of the 150th, Jasperse of the 11th, Ramsey of the 72nd and others:
A RESOLUTION recognizing March 18, 2015, as Resurgens Orthopaedics Advocacy Day; and for other purposes.
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HR 638. By Representative Brooks of the 55th:
A RESOLUTION honoring the life and memory of Ralph George Ivey, Sr.; and for other purposes.
HR 639. By Representatives Brooks of the 55th and Beasley-Teague of the 65th:
A RESOLUTION honoring the life and memory of Earnest Jack Ingram; and for other purposes.
Representative Clark of the 101st moved that the following Bill of the House be withdrawn from the Committee on Judiciary Non-Civil and recommitted to the Committee on Health & Human Services:
HB 588. By Representatives Clark of the 101st, Cooper of the 43rd, Broadrick of the 4th, Kidd of the 145th, Rynders of the 152nd and others:
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 revise provisions relating to exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 114. By Representatives Tanner of the 9th, Powell of the 32nd, Lumsden of the 12th and Hitchens of the 161st:
A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the use of paper eye charts for the testing of noncommercial driver's vision; to provide for notice of certain information from the department to be sent by first-class mail; to provide for the issuance of limited driving permits to noncommercial drivers in certain instances; to provide for a waiver of the application fee for instruction permits in certain instances; to allow photographs on drivers' licenses and identification cards to be in black and
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white; to provide for the conditions under which limited driving permits shall be issued; 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 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the use of paper eye charts for the testing of noncommercial driver's vision; to provide for notice of certain information from the department to be sent by first-class mail; to provide for the issuance of limited driving permits to noncommercial drivers in certain instances; to provide for a waiver of the application fee for instruction permits in certain instances; to allow photographs on drivers' licenses and identification cards to be in black and white; to provide for the conditions under which limited driving permits shall be issued; to clarify requirements for notices of suspension of drivers' licenses; 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. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended in Code Section 40-5-21, relating to persons exempt from driver's license requirements, by revising paragraph (11) of subsection (a) as follows:
"(11) Any resident who is 15 years of age or over while taking actual in-car training in a training vehicle other than a commercial motor vehicle under the direct personal supervision of a driving instructor when such driving instructor and training vehicle are licensed by the department in accordance with the provisions of Chapter 13 of Title 43, 'The Driver Training School License Act.' As used in the previous sentence, the term 'commercial motor vehicle' shall have the meaning specified in Code Section 40-5-142. All vehicles utilized for the in-car training authorized under this paragraph shall be equipped with dual controlled brakes and shall be marked with signs in accordance with the rules of the department clearly identifying such vehicles as training cars belonging to a licensed driving school. A driving instructor shall test the eyesight of any unlicensed person who will be receiving actual in-car training prior to commencement of such training, and no unlicensed driver shall receive in-car training unless such person has at least the visual acuity and horizontal field of vision as is required for issuance of a driver's license in subsection (c) of Code Section 40-5-27; and"
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SECTION 2. Said chapter is further amended in Code Section 40-5-22, relating to school attendance requirements for the issuance, renewal, and expiration of instruction permits and drivers' licenses, by revising subsection (c) and adding a new subsection to read as follows:
"(c) Notwithstanding the provisions of subsection (d) of this Code section, the The department shall not issue any driver's license to nor renew the driver's license of any person:
(1) Whose license has been suspended during such suspension, or whose license has been revoked, except as otherwise provided in this chapter; (2) Whose license is currently under suspension or revocation in any other jurisdiction upon grounds which would authorize the suspension or revocation of a license under this chapter; (3) Who is a habitual user of alcohol or any drug to a degree rendering him or her incapable of safely driving a motor vehicle; (4) Who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law; (5) Who is required by this chapter to take an examination, unless such person shall have successfully passed such examination; (6) Who the commissioner has good cause to believe would not, by reason of physical or mental disability, be able to operate a motor vehicle with safety upon the highway; or (7) Whose license issued by any other jurisdiction is suspended or revoked by such other jurisdiction during the period such license is suspended or revoked by such other jurisdiction. (d) The department is authorized to issue a limited driving permit to an applicant whose license is currently under suspension or revocation in any other jurisdiction upon grounds which would authorize the suspension or revocation of a license under this chapter, provided that the applicant is otherwise eligible for such limited driving permit in accordance with paragraph (1) of subsection (a) of Code Section 40-5-64."
SECTION 3. Said chapter is further amended in Code Section 40-5-25, relating to application fees for drivers' licenses, by revising subsection (b) as follows:
"(b)(1) Each person applying for a Class P commercial or noncommercial instruction permit for a Class A, B, C, E, F, or M driver's license shall pay the applicable license fee prior to attempting the knowledge test for the instruction permit sought when the knowledge test is to be administered by the department. If said person fails to achieve a passing score on the knowledge test, the license fee paid shall be considered a testing fee and retained by the department. Any person failing to achieve a passing score on the knowledge test for an instructional permit shall pay the applicable license fee on each subsequent attempt until successful, at which time said fee shall be his or her license fee.
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(2) The department shall waive the license fee for each person applying for a Class P noncommercial instruction permit for a Class C driver's license when the noncommercial knowledge test is to be administered by a licensed driver training school or public or private high school authorized to administer such tests as provided for in subsection (d) of Code Section 40-5-27. (3) Each person applying for a Class A, B, or C commercial driver's license shall pay the applicable license fee at the time that he or she schedules his or her appointment for said skills test. If said person fails to appear for his or her scheduled skills test appointment or fails to achieve a passing score on the skills test, the license fee paid shall be considered a testing fee and retained by the department. The person shall pay the applicable license fee on each subsequent attempt until successful, at which time said fee shall be his or her license fee. All fees retained by the department pursuant to this Code section shall be remitted to the general fund."
SECTION 4. Said chapter is further amended in Code Section 40-5-27, relating to examination of driver's license applicants, by revising paragraph (1) of subsection (c) as follows:
"(c)(1) Except as provided in paragraphs (2), (3), and (4) of this subsection, no noncommercial driver's license shall be issued to any person who does not have a visual acuity of 20/60, corrected or uncorrected, in at least one eye or better and a horizontal field of vision with both eyes open of at least 140 degrees or, in the event that one eye only has usable vision, horizontal field of vision must be at least 70 degrees temporally and 50 degrees nasally."
SECTION 5. Said chapter is further amended in Code Section 40-5-28, relating to contents of drivers' licenses, by revising subsection (a) as follows:
"(a) Except as provided in subsection (c) of this Code section, the department shall, upon payment of the required fee, issue to every applicant qualifying therefor a driver's license indicating the type or general class of vehicles the licensee may drive, which license shall be upon a form prescribed by the department and which shall bear thereon a distinguishing number assigned to the licensee, a color photograph of the licensee, the licensee's full legal name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the department. No license shall be valid until it has been so signed by the licensee. The department shall not require applicants to submit or otherwise obtain from applicants any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means upon application."
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SECTION 6. Said chapter is further amended in Code Section 40-5-54.1, relating to denial or suspension of a driver's license for noncompliance with a child support order, by revising subsection (b) as follows:
"(b) The department shall suspend, as provided in Code Sections 19-6-28.1 and 19-119.3, the license of any driver upon receiving a record from the agency or a court of competent jurisdiction stating that such driver is not in compliance with an order for child support. The department shall send notice of any suspension imposed pursuant to this Code section. Such notice shall be sent via certified first-class mail to the address reflected on its records as the driver's mailing address. The mailing of such notice by the department shall be deemed conclusively to be notice to such driver of the suspension of his or her driver's license and shall be deemed to satisfy all notice requirements of law, and no further notice to the driver shall be required for the suspensions provided for in this Code section."
SECTION 7. Said chapter is further amended in Code Section 40-5-56, relating to suspension of driving privileges for failure to respond to a citation, by revising subsection (a) as follows:
"(a) Notwithstanding any other provisions of this chapter or any other law to the contrary, the department shall suspend the driver's license or privilege to operate a motor vehicle in this state of any person who has failed to respond to a citation to appear before a court of competent jurisdiction in this state or in any other state for a traffic violation other than a parking violation. Such suspension shall be effective on the twenty-ninth calendar day following notice to the department from the court of such person's failure to appear. The department shall include language in the uniform traffic citation stating that failure to appear and respond to such citation shall result in the suspension of the violator's driver's license or nonresident driving privilege on the twenty-ninth calendar day following notice to the department from the court of his or her failure to appear. The language reflected on a uniform traffic citation issued in this state shall be sufficient notice of said suspension deemed conclusively to be legal notice to such driver of the suspension of his or her driver's license and shall be deemed to satisfy all notice requirements of law, and no further notice to the driver shall be required for the suspension provided for in this Code section. Such notice shall be sufficient to support a conviction for a violation of Code Section 40-5-121 if such person drives subsequent to the imposition of such a suspension following his or her failure to appear and before complying with the reinstatement provisions in subsection (b) of this Code section. Notwithstanding the foregoing, the department shall send notice of any suspension imposed pursuant to this Code section. Such notice shall be sent via certified via first-class mail to the address reflected on its records as the person's mailing address. Proof of receipt of said notice shall be admissible to support a conviction for a violation of Code Section 40-5-121 if such person drives subsequent to the imposition of such a suspension following his or her failure to appear."
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SECTION 8.
Said chapter is further amended by revising Code Section 40-5-57.1, relating to suspension and reinstatement of drivers' licenses for persons under a certain age, as follows:
"(a) Notwithstanding any other provision of this chapter, the driver's license of any person under 21 years of age convicted of hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, any offense for which four or more points are assessable under subsection (c) of Code Section 40-557, purchasing an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23, or violation of paragraph (3) or (5) of subsection (a) of Code Section 3-3-23, or violation of Code Section 40-6-391 shall be suspended by the department operation of law as provided by this Code section; and the. A plea of nolo contendere shall be considered a conviction for the purposes of this subsection. The court in which such conviction is had shall require the surrender to it of the driver's license then held by the person so convicted, and the court shall thereupon forward such license and a copy of the disposition to the department within ten days after the conviction. The department shall send notice of any suspension imposed pursuant to this subsection via first-class mail to the address reflected on its records as the person's mailing address. (b) The driver's license of any person under 18 years of age who has accumulated a violation point count of four or more points under Code Section 40-5-57 in any consecutive 12 month period shall be suspended by the department as provided by subsection (c) of this Code section. A plea of nolo contendere shall be considered a conviction for purposes of this subsection. Notice of suspension shall be given by certified first-class mail or statutory overnight delivery, return receipt requested;, to the address reflected in the department's records as the driver's mailing address or, in lieu thereof, notice may be given by personal service upon such person. Such license shall be surrendered within ten days of notification of such suspension. Notice given by certified mail or statutory overnight delivery, return receipt requested, mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. (b)(c) A person whose driver's license has been suspended under subsection (a) or (b) of this Code section shall:
(1) Subject to the requirements of subsection (c)(d) of this Code section and except as otherwise provided by paragraph (2) of this subsection:
(A) Upon a first such suspension, be eligible to apply for license reinstatement and, subject to payment of required fees, have his or her driver's license reinstated after six months; and (B) Upon a second or subsequent such suspension, be eligible to apply for license reinstatement and, subject to payment of required fees, have his or her driver's license reinstated after 12 months; or
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(2)(A) Upon the first conviction of a violation of Code Section 40-6-391, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, have his or her license suspended for a period of six months unless the driver's blood alcohol concentration at the time of the offense was 0.08 grams or more or the person has previously been subject to a suspension pursuant to paragraph (1) of this subsection, in which case the period of suspension shall be for 12 months. (B) Upon the second conviction of a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, have his or her license suspended for a period of 18 months. (C) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, be considered a habitual violator, and such person's license shall be revoked as provided for in Code Section 40-5-58. (b.1)(c.1) In any case where a person's driver's license was administratively suspended as a result of a violation of Code Section 40-6-391 for which the person's driver's license has been suspended pursuant to subsection (c) of this Code section, the administrative license suspension period and the license suspension period provided by this Code section may run concurrently, and any completed portion of such administrative license suspension period shall apply toward completion of the license suspension period provided by this Code section. (c)(d)(1) Any driver's license suspended under subsection (a) or (b) of this Code section for commission of any offense other than violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a defensive driving course approved by the commissioner pursuant to Code Section 40-5-83 and pays the applicable reinstatement fee. Any driver's license suspended under subsection (a) of this Code section for commission of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays the applicable reinstatement fee. (2) The reinstatement fee for a first such suspension shall be $210.00 or $200.00 if paid by mail. The reinstatement fee for a second or subsequent such suspension shall be $310.00 or $300.00 if paid by mail. (d)(e) A suspension provided for in subsection (a) of this Code section shall be imposed based on the person's age on the date of the conviction giving rise to the suspension."
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SECTION 9.
Said chapter is further amended in Code Section 40-5-64, relating to limited driving permits for certain offenders, by revising subsections (c) and (c.1) as follows:
"(c) Standards for approval. The department shall issue a limited driving permit if the application indicates that refusal to issue such permit would cause extreme hardship to the applicant. Except as otherwise provided by subsection (c.1) of this Code section, for the purposes of this Code section, 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and therefore the applicant would be prohibited from:
(1) Going to his or her place of employment or performing the normal duties of his or her occupation; (2) Receiving scheduled medical care or obtaining prescription drugs; (3) Attending a college or school at which he or she is regularly enrolled as a student; (4) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; (5) Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver's license or by the commissioner; (6) Attending court, reporting to a probation office or officer, or performing community service; or (7) Transporting an immediate family member who does not hold a valid driver's license for work, medical care, or prescriptions or to school. (c.1) Exception to standards for approval. (1) The provisions of paragraphs (2), (3), (4), and (5) of subsection (c) of this Code section shall not apply and shall not be considered for purposes of granting a limited driving permit or imposing conditions thereon under this Code section in the case of a driver's license suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22. (2) An ignition interlock device limited driving permit shall be restricted to allow the holder thereof to drive solely for the following purposes:
(A) Going to his or her place of employment or performing the normal duties of his or her occupation; (B) Attending a college or school at which he or she is regularly enrolled as a student; (C) Attending regularly scheduled sessions or meetings of treatment support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; and (D) Going for monthly monitoring visits with the permit holder's ignition interlock device service provider."
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SECTION 10. Said chapter is further amended in Code Section 40-5-100, relating to contents of personal identification cards, by revising subsection (a) as follows:
"(a) The department shall issue personal identification cards to all residents as defined in Code Section 40-5-1 who make application to the department in accordance with rules and regulations prescribed by the commissioner. Cards issued to applicants under 21 years of age shall contain the distinctive characteristics of drivers' licenses issued pursuant to Code Section 40-5-26. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers' licenses and may contain a recent color photograph of the applicant and include the following information:
(1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Sex; (6) Height; (7) Weight; (8) Eye color; (9) Signature of person identified or facsimile thereof; and (10) Such other information or identification as required by the department; provided, however, that the department shall not require an applicant to submit or otherwise obtain from an applicant any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means upon application."
SECTION 11. Said chapter is further amended in Code Section 40-5-150, relating to contents of commercial drivers' licenses, by revising subsection (a) as follows:
"(a) The commercial driver's license shall be marked 'Commercial Driver's License' or 'CDL' and shall be, to the maximum extent practicable, tamperproof, and shall include, but not be limited to, the following information:
(1) The full legal name and residential address of the person; (2) The person's color photograph; (3) A physical description of the person, including sex, height, weight, and eye color; (4) Full date of birth; (5) The license number or identifier assigned by the department; (6) The person's signature; (7) The class or type of commercial motor vehicle or vehicles which the person is authorized to drive, together with any endorsements or restrictions; (8) The name of this state; and (9) The dates between which the license is valid."
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SECTION 12. Said chapter is further amended in Code Section 40-5-171, relating to contents of personal identification cards for persons with disabilities, by revising subsection (a) as follows:
"(a) The department shall issue personal identification cards to persons with disabilities who make application to the department in accordance with rules and regulations prescribed by the commissioner. The identification card for persons with disabilities shall contain a recent color photograph of the applicant and the following information:
(1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Date identification card expires; (6) Sex; (7) Height; (8) Weight; (9) Eye color; (10) Signature of person identified or facsimile thereof; and (11) Such other information as required by the department; provided, however, that the department shall not require an applicant to submit or otherwise obtain from an applicant any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means upon application."
SECTION 13. Said chapter is further amended in Code Section 40-5-121, relating to driving while license is suspended or revoked, by adding a new subsection to read as follows:
"(e) When a license or nonresident driving privilege has been suspended pursuant to Code Section 40-5-56, proof that a driver acknowledged service and receipt of a copy of a uniform traffic citation at the time it was issued shall be deemed conclusively to be legal notice to such driver of the suspension of his or her driver's license or nonresident driving privilege on the twenty-ninth calendar day following notice to the department from the court of his or her failure to appear and shall be deemed to satisfy all notice requirements of law. Such proof shall be sufficient to support a conviction for a violation of this Code section if such person drives subsequent to the imposition of a suspension under Code Section 40-5-56 and before complying with the reinstatement provisions in subsection (b) of Code Section 40-5-56."
SECTION 14. Code Section 42-8-112 of the Official Code of Georgia Annotated, relating to timing for issuance of ignition interlock device limited driving permits, is amended by revising paragraph (1) of subsection (a) as follows:
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"(a)(1) In any case where the court grants a certificate of eligibility for an ignition interlock device limited driving permit or probationary license pursuant to Code Section 42-8-111 to a person whose driver's license is suspended pursuant to subparagraph (b)(c)(2)(C) of Code Section 40-5-57.1 or paragraph (2) of subsection (a) of Code Section 40-5-63, the Department of Driver Services shall not issue an ignition interlock device limited driving permit until after the expiration of 120 days from the date of the conviction for which such certificate was granted."
SECTION 15. This Act shall become effective on July 1, 2015, except for Sections 7 and 13 which shall become effective on July 1, 2016.
SECTION 16. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Willard of the 51st and Ehrhart of the 36th offer the following amendment:
Amend the House Committee on Public Safety substitute to HB 114 (LC 41 0424S) by deleting lines 128 through 144 and inserting in lieu thereof the following:
parking violation. The department shall include language in the uniform traffic citation stating that failure to appear and respond to such citation shall result in the suspension of the violator's driver's license or nonresident driving privilege. The language reflected on a uniform traffic citation issued in this state shall be sufficient notice of said suspension to support a conviction for a violation of Code Section 40-5-121 if such person drives subsequent to the imposition of such a suspension following his or her failure to appear. Notwithstanding the foregoing, the department shall send notice of any suspension imposed pursuant to this Code section. Such notice shall be sent via certified mail to the address reflected on its records as the person's mailing address. Proof of receipt of said notice shall be admissible to support a conviction If the driver fails to appear before the charging court of competent jurisdiction as directed by the uniform traffic citation, the clerk of such court shall send notice via certified mail, return receipt requested, advising such person of his or her failure to appear at the specified date and time in the court in which the citation was to be heard. Such notice shall include the date, time, and location of the court in which the person failed to appear and shall notify the person of a date, no more than 30 days later, by which such person shall appear before the court for the person's failure to appear. If the person fails to appear before the court after such notice from the clerk of the court, a bench warrant may be issued for such failure to appear. If a bench warrant has been issued and the court concludes that such driver's license should be suspended, the court shall then notify the department of the issuance of a bench warrant for failure to appear. The
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department shall, upon being advised that a bench warrant has been issued for the person, send notice of intent to suspend a license pursuant to this Code section via firstclass mail to the address reflected in the department's records as the person's mailing address, informing the person that his or her driver's license will be suspended unless the pending charges under the citation and the bench warrant issued for the person's arrest are resolved within 30 days of the date of the notice and the department is notified by the charging court of such resolution. Such notice of intent to suspend shall support a conviction for a violation of Code Section 40-5-121.
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 E Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V
Y Coomer Y Cooper Y Corbett
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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L
Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo
Meadows E Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince
Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley
Thomas, A.M. Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E Y Williamson
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Y Coleman Y Cooke
Y Greene Y Hamilton
Y McCall Y McClain
Y Shaw Y Sims
Y Yates Ralston, Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 103. By Representatives Belton of the 112th, Dickerson of the 113th, Tanner of the 9th, Williams of the 119th, Peake of the 141st 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 prohibit any person from causing a minor to be identified as the individual in an obscene depiction; to provide for definitions; to provide for venue; to provide for exceptions; to provide for penalties; to provide for a short title; 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 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to prohibit any person from causing a minor to be identified as the individual in an obscene depiction; to provide for definitions; to provide for venue; to provide for exceptions; to provide for penalties; to provide for a short title; 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 "Kelsey's Law."
SECTION 2.
Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, is amended by adding a new Code section to read as follows:
"16-11-40.1. (a) As used in this Code section, the term:
(1) 'Minor' means an individual who is under the age of 18 years.
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(2) 'Nudity' shall have the same meaning as set forth in Code Section 16-11-90. (3) 'Obscene depiction' means a visual depiction of an individual displaying nudity or sexually explicit conduct. (4) 'Sexually explicit conduct' shall have the same meaning as set forth in Code Section 16-12-100. (b) No person shall intentionally cause a minor to be identified as the individual in an obscene depiction in such a manner that a reasonable person would conclude that the image depicted was that of such minor. Such identification shall include, without limitation, the minor's name, address, telephone number, e-mail address, username, or other electronic identification. Such identification shall also include the electronic imposing of the facial image of a minor onto an obscene depiction. (c) Any person convicted of violating this Code section shall be guilty of a misdemeanor; provided, however, that upon a second or subsequent violation of this Code section, he or she shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one nor more than five years, a fine of not more than $100,000.00, or both. (d) A person shall be subject to prosecution in this state pursuant to Code Section 17-21 for any conduct made unlawful by this Code section in which such person engages while: (1) Either within or outside of this state if, by such conduct, the person commits a violation of this Code section which involves an individual who resides in this state; or (2) Within this state if, by such conduct, the person commits a violation of this Code section which involves an individual who resides within or outside this state. (e) The provisions of subsection (b) of this Code section shall not apply to: (1) The activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses; or (2) An image and identification made pursuant to or in anticipation of a civil action. (f) Any violation of this Code section shall constitute a separate offense and shall not merge with any other crimes set forth in this title."
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 E Anderson
Y Coomer Y Cooper Y Corbett
Dawkins-Haigler
Y Harbin Y Harden Y Harrell Y Hatchett
Y Meadows E Mitchell Y Morris
Mosby
Y Smith, E Y Smith, L
Smith, M Y Smith, R
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Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H 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
Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden
Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince
Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley
Thomas, A.M. Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 237. By Representatives Williamson of the 115th, Dudgeon of the 25th, Hamilton of the 24th, Martin of the 49th, Ramsey of the 72nd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of and exemptions from state income tax, so as to extend the angel investor tax credit; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL TO BE ENTITLED AN ACT
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To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of and exemptions from state income tax, so as to extend the angel investor tax credit; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of and exemptions from state income tax, is amended by revising Code Section 48-7-40.30, relating to an income tax credit for certain qualified investments for a limited period of time, as follows:
"48-7-40.30. (a) The General Assembly finds that entrepreneurial businesses significantly contribute to the economy of the this state. The intent of this Code section is to achieve the following:
(1) To encourage individual investors to invest in early stage, innovative, wealthcreating businesses; (2) To enlarge the number of high quality, high paying jobs within the this state both to attract qualified individuals to move to and work within this state and to retain young people educated in Georgia's universities and colleges; (3) To expand the economy of Georgia by enlarging its base of wealth-creating businesses; and (4) To support businesses seeking to commercialize technology invented in Georgia's universities and colleges. (b) As used in this Code section, the term: (1) 'Allowable credit' means the credit as it may be reduced pursuant to subparagraph paragraph (3) of subsection (i) of this Code section. (2) 'Headquarters' means the principal central administrative office of a business located in this state which conducts significant operations of such business. (3) 'Net income tax liability' means income tax liability reduced by all other credits allowed under this chapter. (4) 'Pass-through entity' means a partnership, an S-corporation, or a limited liability company taxed as a partnership. (5) 'Professional services' means those services specified in paragraph (2) of Code Section 14-7-2 or any service which requires as a condition precedent to the rendering of such service the obtaining of a license from a state licensing board pursuant to Title 43. (6) 'Qualified business' means a registered business that:
(A) Is either a corporation, limited liability company, or a general or limited partnership located in this state; (B) Was organized no more than three years before the qualified investment was made;
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(C) Has its headquarters located in this state at the time the investment was made and has maintained such headquarters for the entire time the qualified business benefited from the tax credit provided for pursuant to this Code section; (D) Employs 20 or fewer people in this state at the time it is registered as a qualified business; (E) Has had in any complete fiscal year before registration gross annual revenue as determined in accordance with the Internal Revenue Code of $500,000.00 or less on a consolidated basis; (F) Has not obtained during its existence more than $1 million in aggregate gross cash proceeds from the issuance of its equity or debt investments, not including commercial loans from chartered banking or savings and loan institutions; (G) Has not utilized the tax credit described in Code Section 48-7-40.26; (H) Is primarily engaged in manufacturing, processing, online and digital warehousing, online and digital wholesaling, software development, information technology services, or research and development, or is a business providing services other than those described in subparagraph (I) of this paragraph; and (I) Does not engage substantially in:
(i) Retail sales; (ii) Real estate or construction; (iii) Professional services; (iv) Gambling; (v) Natural resource extraction; (vi) Financial, brokerage, or investment activities or insurance; or (vii) Entertainment, amusement, recreation, or athletic or fitness activity for which an admission or membership is charged. A business shall be substantially engaged in one of the above activities if its gross revenue from such activity exceeds 25 percent of its gross revenues in any fiscal year or it is established pursuant to its articles of incorporation, articles of organization, operating agreement, or similar organizational documents to engage in such activity as one of its primary purposes. (7) 'Qualified investment' means an investment by a qualified investor of cash in a qualified business for common or preferred stock or an equity interest or a purchase for cash of qualified subordinated debt in a qualified business; provided, however, that funds constituting a qualified investment cannot have been raised or be raised as a result of other tax incentive programs. Furthermore, no investment of common or preferred stock or an equity interest or purchase of subordinated debt shall qualify as a qualified investment if a broker fee or commission or a similar remuneration is paid or given directly or indirectly for soliciting such investment or purchase. (8) 'Qualified investor' means an accredited investor as that term is defined by the United States Securities and Exchange Commission who is: (A) An individual person who is a resident of this state or a nonresident who is obligated to pay taxes imposed by this chapter; or
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(B) A pass-through entity which is formed for investment purposes, has no business operations, has committed capital under management of equal to or less than $5 million, and is not capitalized with funds raised or pooled through private placement memoranda directed to institutional investors. A venture capital fund or commodity fund with institutional investors or a hedge fund shall not qualify as a qualified investor. (9) 'Qualified subordinated debt' means indebtedness that is not secured, that may or may not be convertible into common or preferred stock or other equity interest, and that is subordinated in payment to all other indebtedness of the qualified business issued or to be issued for money borrowed and no part of which has a maturity date less than five years after the date such indebtedness was purchased. (10) 'Registered' or 'registration' means that a business has been certified by the commissioner as a qualified business at the time of application to the commissioner. (c) A qualified business shall register with the commissioner for purposes of this Code section. Approval of such registration shall constitute certification by the commissioner for 12 months after being issued. A business shall be permitted to renew its registration with the commissioner so long as, at the time of renewal, the business remains a qualified business. (d) Any individual person making a qualified investment directly in a qualified business in the 2011, 2012, 2013, 2014, or 2015, 2016, 2017, 2018, 2019, or 2020 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, 2013, 2014, or 2015, 2016, 2017, 2018, 2019, or 2020 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 passthrough 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 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
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by a pass-through entity and allocated to such individual, shall not exceed $50,000.00; (3) In no event shall the amount of the tax credit allowed an individual under this Code section for a taxable year exceed such individual's net income tax liability. Any unused credit amount shall be allowed to be carried forward for five years from the close of the taxable year in which the qualified investment was made. No such credit shall be allowed against prior years' tax liability; (4) The qualified investor's basis in the common or preferred stock, equity interest, or subordinated debt acquired as a result of the qualified investment shall be reduced for purposes of this chapter by the amount of the allowable credit; 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. (g) The registration of a business as a qualified business shall be subject to the following conditions and limitations: (1) If the commissioner finds that any of the information contained in an application of a business for registration under this Code section is false, the commissioner shall revoke the registration of such business. The commissioner shall not revoke the registration of a business solely because it ceases business operations for an indefinite period of time, as long as the business renews its registration; (2) A registration as a qualified business may not be sold or otherwise transferred, except that, if a qualified business enters into a merger, conversion, consolidation, or other similar transaction with another business and the surviving company would otherwise meet the criteria for being a qualified business, the surviving company retains the registration for the 12 month registration period without further application to the commissioner. In such a case, the qualified business must provide the commissioner with written notice of the merger, conversion, consolidation, or similar transaction and such other information as required by the commissioner; and (3) The commissioner shall report to the House Committee on Ways and Means and the Senate Finance Committee each year all of the businesses that have registered with the commissioner as a qualified business. The report shall include the name and address of each business, the location of its headquarters, a description of the types of business in which it engages, the number of jobs created by the business during the period covered by the report, and the average wages paid by these jobs. (h) Any credit claimed under this Code section shall be recaptured in the following situations and shall be subject to the following conditions and limitations: (1) If within two years after the qualified investment was made, the qualified investor transfers any of the securities or subordinated debt received in the qualified investment to another person or entity, other than a transfer resulting from one of the following:
(A) The death of the qualified investor; (B) A transfer to the spouse of the qualified investor or incident to divorce; or (C) A merger, conversion, consolidation, sale of the qualified business's assets, or similar transaction requiring approval by the owners of the qualified business under
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applicable law, to the extent the qualified investor does not receive cash or tangible property in such merger, conversion, consolidation, sale, or other similar transaction; (2) Except as provided in paragraph (1) of this subsection, if within five years after the qualified investment was made, the qualified business makes a redemption with respect to the securities received or pays any principal of the subordinated debt; (3) If within two years after the qualified investment was made, the qualified investor participates in the operation of the qualified business. For the purpose of this paragraph, a qualified investor participates in the operation of a qualified business if the qualified investor, or the qualified investor's spouse, parent, sibling, or child, or a business controlled by any of these individuals, provides services of any nature to the qualified business for compensation, whether as an employee, a contractor, or otherwise. However, a person who provides uncompensated professional advice to a qualified business, whether as an officer, a member of the board of directors or managers or otherwise, or participates in a stock or membership option or stock or membership plan, or both, shall be eligible for the credit; (4) The amount of the credit recaptured shall apply only to the qualified investment in the particular qualified business in which the investment was made; (5) The amount of the recaptured tax credit determined under this subsection shall be added to the qualified investor's income tax liability for the taxable year in which the recapture occurs under this subsection; and (6) In the event the credit is recaptured because the qualified business ceases business operations, dissolves, or liquidates, the qualified investor may claim either the credit authorized under this Code section or any capital loss the qualified investor otherwise would be able to claim regarding that qualified business, but shall not be authorized to claim and be allowed both. (i)(1) A qualified investor seeking to claim a tax credit provided for under this Code section 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;
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(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; (F) The total aggregate amount of all tax credits allowed to qualified investors or pass-through entities for investments made in the 2016 calendar year and claimed and allowed in the 2018 taxable year shall not exceed $5 million in such year; (G) The total aggregate amount of all tax credits allowed to qualified investors or pass-through entities for investments made in the 2017 calendar year and claimed and allowed in the 2019 taxable year shall not exceed $5 million in such year; (H) The total aggregate amount of all tax credits allowed to qualified investors or pass-through entities for investments made in the 2018 calendar year and claimed and allowed in the 2020 taxable year shall not exceed $5 million in such year; (I) The total aggregate amount of all tax credits allowed to qualified investors or pass-through entities for investments made in the 2019 calendar year and claimed and allowed in the 2021 taxable year shall not exceed $5 million in such year; and (J) The total aggregate amount of all tax credits allowed to qualified investors or pass-through entities for investments made in the 2020 calendar year and claimed and allowed in the 2022 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 the tax credit applications filed with the commissioner exceed the maximum aggregate limit of tax credits under this subsection, then the tax credits shall be allocated among the qualified investors who filed a timely application on a pro rata basis based upon the amounts otherwise allowed by this Code section. Once the tax credit application has been approved and the amount approved has been communicated to the applicant, the qualified investor may then apply the amount of the approved tax credit to its tax liability for the tax year for which the approved application applies. (j) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
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The following amendment was read and adopted:
Representatives Williamson of the 115th and O'Neal of the 146th offer the following amendment:
Amend the substitute to HB 237 (LC 34 4509S) by replacing the underlined portion on line 99 with the following: , 2016, 2017, or 2018
By replacing the underlined portion on line 104 with the following: , 2016, 2017, or 2018
By adding "and" at the end of line 219.
By replacing ";" at the end of line 222 with "." and by deleting lines 223 through 228.
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 E Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly 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 Corbett
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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Y Meadows E Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley
Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
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Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Kirby Y Knight Y LaRiccia Y Lumsden
Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Weldon Y Werkheiser 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 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 204. By Representatives Beskin of the 54th, Willard of the 51st, Pak of the 108th, Caldwell of the 131st, Oliver of the 82nd 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 "Civil Practice Act," so as to change provisions relating to when opposing affidavits shall be served in motions for summary judgment; 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 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Civil Practice Act," so as to change provisions relating to when opposing affidavits shall be served generally and in motions for summary judgment; to provide for procedure; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Civil Practice Act," is amended by revising subsection (d) of Code Section 9-11-6, relating to time, as follows:
"(d) For motions; for affidavits. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than five days before the time specified for the hearing, unless a different period is fixed by this
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chapter or by order of the court. Such an order may for cause shown be made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion. Except as provided in Code Section 9-11-56, any opposing affidavits shall Opposing affidavits may be served not later than one business day before the hearing, unless the court permits them such affidavits to be served at some other another time."
SECTION 2. Said chapter is further amended by revising subsections (c) and (e) of Code Section 9-1156, relating to summary judgment, as follows:
"(c) Motion and proceedings thereon. The motion shall be served at least 30 days before the time fixed for the hearing. The adverse party prior to the day of hearing may serve opposing affidavits. A motion for summary judgment may be decided by the court without a hearing unless a hearing is requested by a party. A hearing on a motion for summary judgment shall be permitted if a written request for a hearing is filed with a motion for summary judgment or within five days of the filing of a response to such motion. If a request for a hearing is timely filed, a hearing shall be held not earlier than 45 days from the date of service of the motion for summary judgment. Opposing affidavits, if used, shall be served not later than seven days before the date set for a hearing, unless the court permits such affidavits to be served at another time. The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law; but nothing in this Code section shall be construed as denying to any party the right to trial by jury where when there are substantial issues of fact to be determined. A summary judgment may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damage." "(e) Form of affidavits; further testimony; defense required. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in the evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. All affidavits shall be filed with the court and copies thereof shall be served on the opposing parties as provided in subsection (c) of this Code section. When a motion for summary judgment is made and supported as provided in this Code section, an adverse party may not rest upon the mere allegations or denials of his such party's pleading, but his such party's response, by affidavits or as otherwise provided in this Code section, must shall set forth specific facts showing that there is a genuine issue for trial. If he an adverse party does not so respond, summary judgment, if appropriate, shall be entered against him such party."
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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 E Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell
Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett
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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows E Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea
Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley
Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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.
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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 89. By Representatives Bruce of the 61st, Brooks of the 55th, Beasley-Teague of the 65th, Reeves of the 34th and Jones of the 53rd:
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:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin
Martin
Y Meadows E Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
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 N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley
Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C
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N Clark, H Y Clark, V Y Coleman Y Cooke
Y Gordon Y Gravley Y Greene Y Hamilton
Y Maxwell Y Mayo Y McCall Y McClain
Y Setzler Y Sharper Y Shaw Y Sims
Y Williams, E Williamson
Y Yates Ralston, Speaker
On the passage of the Bill, the ayes were 167, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
The following communication was received:
House of Representatives Coverdell Legislative Office Building, Room 511 B
Atlanta, Georgia 30334
To: Whom It May Concern:
I would like to be recorded Yes on HB 72, HB 89, and HB 103, Thank you.
/s/ "Able" Mable Thomas
The following report of the Committee on Rules was read and adopted:
HOUSE SUPPLEMENTAL RULES CALENDAR WEDNESDAY, MARCH 11, 2015
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 314 HB 361
Professions and businesses; State Board of Barbers and State Board of Cosmetology; combine (Substitute)(RegI-Tankersley-160th) Juvenile Code; enact reforms as recommended by Georgia Council on Criminal Justice reforms; provisions (Substitute)(JuvJ-Welch-110th)
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HB 511 HB 540
Pharmacists and pharmacies; technicians to fill remote automated medication systems in skilled nursing facilities and hospices; authorize (H&HS-Stephens-164th) Interstate cooperation; Senate Interstate Cooperation Committee and House Committee on Interstate Cooperation; clarify number of members (IntC-Dollar-45th)
Modified Structured Rule
HB 98
HB 154 HB 225
HB 263 HB 279
HB 288 HB 310
HB 461 HB 512 HB 517 SB 103
Appellate courts; provide direct appeals and appeals requiring an application for appeals pertaining to courts-martial; provisions (Substitute)(Judy-Coomer-14th) Magistrate courts; fine amount for contempt of court; increase (Judy-Weldon-3rd) Local government; all for-hire drivers obtain a for-hire license endorsement before driving for hire; provide (Substitute)(RegI-Powell-32nd) (AM 28 1391) Criminal Justice Coordinating Council; advisory board to the council for juvenile justice issues; provide (Substitute)(JuvJ-Coomer-14th) Public officers and employees; annual salaries of Supreme Court Justices, Court of Appeals, superior court judges and district attorneys; repeal provisions (Substitute)(App-Powell-171st)(AM 29 2375) Behavioral Health Coordinating Council; two additional members to serve on council; provide (Substitute)(H&HS-Dempsey-13th) Penal institutions; create Board of Community Supervision, Department of Community Supervision, and Governor's Office of Transition, Support, and Reentry; provisions (Substitute)(JudyNC-Powell-32nd)(AM 29 2374-EC) Secondary metals recyclers; buying and selling regulated metal property; change certain provisions (Substitute)(RegI-Shaw-176th) Mental health; governing and regulation; change certain terminology and provisions (Substitute)(HumR-Jasperse-11th) Echols County; board of education; provide nonpartisan elections (IGC-Corbett-174th) Sales of Alcoholic Beverages on Sunday; allow for local authorization; consumption on the premises on Sundays during St. Patrick's Day holiday period (RegI-Petrea-166th) Jackson-2nd
Structured Rule
HB 319 HB 374
Taxes; provide for legislative findings concerning gasoline and aviation fuel; provisions (W&M-Nimmer-178th) Ad valorem tax; certain farm equipment held for sale in dealer inventory; exempt (W&M-Nix-69th)
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HB 408 HB 428
HB 457 HB 464 HB 566
Excise tax; rooms, lodging and accommodations; clarify application of certain provisions to certain municipalities (W&M-Willard-51st) Sales and use tax; materials to be used in certain construction projects of zoological institutions; extend exemption (Substitute)(W&M-Stephens164th) Ad valorem tax; watercraft held in inventory; exempt (Substitute) (W&M-Hawkins-27th) Income tax; water conservation facilities and a shift from ground-water usage; sunset tax credit (Substitute)(W&M-Williamson-115th) State house districts; boundaries of certain districts; revise (Substitute)(L&CR-Nix-69th)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 314. By Representatives Tankersley of the 160th and Rynders of the 152nd:
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 combine the State Board of Barbers and State Board of Cosmetology; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to combine the State Board of Barbers and State Board of Cosmetology; so as to repeal and reserve Chapter 7 of said title, relating to barbers; to provide for and change certain definitions; to create the State Board of Cosmetology and Barbers; to provide for members, meetings officers, and powers of the board; to change certain provisions relating to rules and regulations of the board as to sanitary requirements; inspections, and other matters; to change certain provisions relating to the issuance of certificates of registration; to provide for the issuance of certificates of registration
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relating to barbering; to change certain provisions relating to requirements of certificates of registrations; to change certain provisions relating to the application for certificates of registration, examinations, work permits, reciprocity, and study at technical college or public school; to provide for certificate of registration by endorsement; to change certain provisions relating to the display, renewal, and reinstatement of certificates of registration; to change and provide for continuing education requirements and exemptions thereto; to change certain provisions relating to the registration of certain shops, salons, and schools; to change certain provisions relating to the regulation and permits for schools; to change certain provisions relating to teachers and instructors; to change certain provisions relating to the registration of apprentices; to change certain provisions relating to the board setting the course of study for students and to applications for examination; to change certain provisions relating to the study by persons 16 years of age and older, registration certificates, and waiver of education requirements; to change certain provisions relating to the suspension, revocation, cancellation, or restoration of certificates of registration, reprimands, and fines; to amend other provisions for purposes of conformity; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by repealing and reserving Chapter 7, relating to barbers.
SECTION 2. Said title is further amended by revising Chapter 10, relating to cosmetologists, as follows:
"CHAPTER 10
43-10-1. As used in this chapter, the term:
(1) 'Barber apprentice' means an individual who practices barbering under the constant and direct supervision of a licensed master barber. (2) 'Barber II' means an individual who performs any one or more of the following services for compensation:
(A) Shaving or trimming the beard; (B) Cutting or dressing the hair; (C) Giving facial or scalp massages; or (D) Giving facial or scalp treatment with oils or cream or other preparations made for this purpose, either by hand or by means of mechanical appliances. (3) 'Barbering' means the occupation of shaving or trimming the beard, cutting or dressing the hair, giving facial or scalp massages, giving facial or scalp treatment with oils or cream or other preparations made for this purpose, either by hand or by means of mechanical appliances, singeing and shampooing the hair, coloring or dyeing the
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hair, or permanently waving or straightening the hair of an individual for compensation. (1)(4) 'Beautician' means 'cosmetologist' as such term is defined in this Code section. (2)(5) 'Beauty shop' or 'beauty salon' or 'barber shop' means any premises where one or more persons engage in barbering or in the occupation of cosmetology a cosmetologist. (3)(6) 'Board' means the State Board of Cosmetology and Barbers. (4)(7) 'Cosmetologist' means any person individual who performs any one or more of the following services for compensation:
(A) Cuts or dresses the hair; (B) Gives facial or scalp massage or facial and scalp treatment with oils or creams and other preparations made for this purpose, either by hand or mechanical appliance; (C) Singes and shampoos the hair, colors or dyes the hair, or does permanent waving of the hair; (D) Performs nail care, pedicure, or manicuring services as defined in paragraph (9) of this Code section; or (E) Performs the services of an esthetician as defined in paragraph (5) of this Code section. Such person individual shall be considered as practicing the occupation of a cosmetologist within the meaning of this Code section; provided, however, that such term shall not mean a person an individual who only braids the hair by hairweaving; interlocking; twisting; plaiting; wrapping by hand, chemical, or mechanical devices; or using any natural or synthetic fiber for extensions to the hair, and no such person individual shall be subject to the provisions of this chapter. Such term shall not apply to a person an individual whose activities are limited to the application of cosmetics which are marketed to individuals and are readily commercially available to consumers. (5)(8) 'Esthetician' or 'esthetics operator' means a person an individual who, for compensation, engages in any one or a combination of the following practices, esthetics, or cosmetic skin care: (A) Massaging the face, or neck, dcolletage, or arms of a person; (B) Trimming, tweezing, shaping, or threading eyebrows; (C) Dyeing eyelashes or eyebrows or applying eyelash extensions; or (D) Waxing, threading, stimulating, cleansing, or beautifying the face, neck, arms, shoulders, back, chest, or legs of a person by any method with the aid of the hands or any mechanical or electrical apparatus or by the use of a cosmetic preparation. Such practices of esthetics shall not include the diagnosis, treatment, or therapy of any dermatological condition or the use of lasers. Such term shall not apply to a person an individual whose activities are limited to the application of cosmetics which are marketed to individuals and are readily commercially available to consumers. (7)(9) 'Hair designer' means any person an individual who performs any one or more of the following services for compensation:
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(A) Cuts or dresses the hair; or (B) Singes and shampoos the hair, applies a permanent or relaxer to hair, or colors or dyes the hair. (6)(10) Reserved 'Master barber' means an individual who performs any one or more of the following services for compensation; (A) Shaving or trimming the beard; (B) Cutting or dressing the hair; (C) Giving facial or scalp massages; (D) Giving facial or scalp treatment with oils or cream or other preparations made for this purpose, either by hand or by means of mechanical appliances; or (E) Singeing and shampooing the hair, coloring or dyeing the hair, or permanently waving or straightening the hair. (8)(11) 'Master cosmetologist' means a cosmetologist who is possessed of the requisite skill and knowledge to perform properly all the services mentioned set forth in paragraph (4) (7) of this Code section for compensation. (9)(12) 'Nail technician' means a person an individual who, for compensation, performs manicures or pedicures, or trims, files, shapes, decorates, applies sculptured or otherwise artificial nails nail extensions, or in any way cares for the nails of another person. (13) 'Person' means any individual, proprietorship, partnership, corporation, association, or any other legal entity. (14) 'School of barbering' means any establishment that receives compensation for training more than one individual in barbering. Technical colleges whose programs have been approved by the Technical College System of Georgia or the Department of Education are not 'barbering schools' within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (10)(15) 'School of cosmetology' means any establishment that receives compensation for training more than one person individual in the occupation of cosmetology as defined in paragraph (4) of this Code section a cosmetologist. Technical colleges whose programs have been approved by the Technical College System of Georgia or the Department of Education are not 'schools of cosmetology' within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (11)(16) 'School of esthetics' means any establishment that receives compensation for training more than one person individual in the occupation of esthetics as defined in paragraph (5) of this Code section an esthetician. Technical colleges whose programs have been approved by the Technical College System of Georgia or the Department of Education are not 'schools of esthetics' within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (12) Reserved.
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(13)(17) 'School of hair design' means any establishment that receives compensation for training more than one person individual in the occupation of hair design as defined in paragraph (7) of this Code section a hair designer. Technical colleges whose programs have been approved by the Technical College System of Georgia or the Department of Education are not schools of hair design within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (14)(18) 'School of nail care' means any establishment that receives compensation for training more than one person in the occupation of nail care or manicuring as defined in paragraph (9) of this Code section nail technician. Technical colleges whose programs have been approved by the Technical College System of Georgia or the Department of Education are not 'schools of nail care' within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.'
43-10-2. (a) There is created the State Board of Cosmetology and Barbers. The board shall consist of nine members who shall be residents of this state. The board shall have the duty of carrying out and enforcing this chapter. (b) Members of the board shall be at least 25 years of age and have obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree;. and five Two of such members must have had at least five years of practical experience in the practice of cosmetology as a cosmetologist at the master level, a portion of which must have been as a beauty shop or beauty salon owner or manager. One member of the board must have had at least five years of practical experience in the practice of cosmetology as a cosmetologist at the esthetician level. One member of the board must have had at least five years of practical experience as a manicurist nail technician. Two members of the board must have had at least five years of practical experience as a master barber. One member must be an instructor at a school of barbering. One member must be an instructor at school of cosmetology. One member shall not have any connection with barbering or the practice of a cosmetologist or any business related thereto whatsoever but shall have a recognized interest in consumer affairs and in consumer protection concerns. (c) The board shall meet as necessary each year for the purpose of adopting rules and regulations and handling other matters pertaining to duties of the board. Board members may attend and observe all written and practical examinations held for certificates of registration pursuant to this chapter. (d) No member of the board shall be affiliated with any school of cosmetology. Two members shall not have any connection with the practice or business of cosmetology whatsoever but shall have a recognized interest in consumer affairs and in consumer protection concerns. No member of the board shall be affiliated or connected in any manner with any manufacturer or wholesale or jobbing house dealing with supplies sold to practitioners of cosmetology while in office Beginning on July 1, 2015, the Georgia
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State Board of Cosmetology and Barbers shall regulate barbering and the practice of cosmetologists in this state. The board shall operate under the rules and regulations of the Georgia State Board of Barbers and Georgia State Board of Cosmetology as they existed on June 30, 2015, until the board shall promulgate one set of rules and regulations governing both barbering and the practice of cosmetologists; such rules and regulations shall be adopted on or before July 1, 2016. (e) Any person who holds a certificate of registration issued under this chapter or Chapter 7 of this title as they existed on June 30, 2015, shall not be required to undergo recertification under this chapter but shall otherwise be subject to all applicable provisions of this chapter. Such certificates of registration issued on or before June 30, 2015, shall be considered certificates of registration issued under and subject to this chapter for all purposes. (e)(f) Board members shall be appointed by the Governor for a term of three years and until their successors are appointed and qualified. Vacancies shall be filled by the Governor for the unexpired portion of the term. The board may do all things necessary for carrying this chapter into effect and may, from time to time, promulgate necessary rules and regulations compatible with this chapter. The Governor may remove any board member for cause as provided in Code Section 43-1-17. (f)(g) Each year the members shall elect a chairman from among themselves. In the event the members cannot agree as to who shall be chairman, the Governor shall appoint one of such members as chairman. The chairman so elected or appointed shall be eligible to succeed himself or herself. The members of the board shall be considered public officers and shall take the oath required thereof. (g)(h) The board shall adopt a seal to be used to authenticate all its official papers and acts and shall have power to subpoena witnesses, administer oaths, and hear and take testimony in any matter over which it may have jurisdiction. (i) All investigative and disciplinary authority of the Georgia State Board of Cosmetology and Georgia State Board of Barbers as such boards existed on June 30, 2015, shall carry over to the board. This authority shall include, but shall not be limited to, the ability to:
(1) Enforce all fines issued by these boards or representatives thereof; (2) Enforce all orders entered by these boards; and (3) Access and keep all complaints, investigative records, and records of disciplinary deliberations of these boards.
43-10-3. Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.
43-10-4. Reserved.
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43-10-5. The division director shall keep a record of all proceedings of the board. Such records shall be prima-facie evidence of all matters required to be kept therein, and certified copies of the same or parts thereof shall be primary evidence of their contents. All such copies, other documents, or certificates lawfully issued upon the authority of the board shall, when authenticated under the seal of the board, be admitted in any investigation in any court or elsewhere without further proof.
43-10-6. (a) The board is authorized to adopt reasonable rules and regulations prescribing the sanitary requirements of beauty shops, beauty salons, barber shops, schools of cosmetology, schools of esthetics, schools of hair design, and schools of nail care, and schools of barbering subject to the approval of the Department of Public Health, and to cause the rules and regulations or any subsequent revisions to be in suitable form. The board shall make the rules and regulations available to the proprietor of each beauty shop, beauty salon, barber shop, school of cosmetology, school of esthetics, school of hair design, or school of nail care, and school of barbering. It shall be the duty of every proprietor or person operating a beauty shop, beauty salon, barber shop, school of cosmetology, school of esthetics, school of hair design, and school of nail care, and school of barbering in this state to keep a copy of such rules and regulations posted in a conspicuous place in his or her such business, so as to be easily read by his or her customers thereof. Posting such rules and regulations by electronic means shall be allowed. (b) The board is authorized to adopt reasonable rules and regulations requiring that persons licensed individuals issued certificates of registration under this chapter undergo instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome. (c) Any inspector employed by the Secretary of State shall have the power to enter and make reasonable examination of any beauty shop, beauty salon, barber shop, or school of cosmetology, school of hair design, school of esthetics, school of nail care, and school of barbering in the state during business hours for the purpose of enforcing the rules and regulations of the board and for the purpose of ascertaining the sanitary conditions thereof. (d) Any beauty shop, beauty salon, barber shop or school of cosmetology, school of hair design, school of esthetics, school of nail care, and school of barbering in which tools, appliances, and furnishings used therein are kept in an unclean and unsanitary condition so as to endanger health is declared to be a public nuisance.
43-10-7. It shall be the duty of the board to issue through the division director those certificates of registration for which provision is made in this chapter.
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43-10-8. (a) It shall be unlawful for any person individual to pursue barbering or the occupation of cosmetology in this state unless he or she has first completed the required hours for and obtained the appropriate certificate of registration as provided in this chapter. (b) It shall be unlawful for any person individual to hold himself or herself out as a master cosmetologist or hair designer without having first obtained the a certificate of registration for such. Such person as a master cosmetologist which certifies that the holder thereof shall be authorized to perform all the services mentioned in paragraph (4) (11) of Code Section 43-10-1. Nothing in this chapter shall prohibit any person individual who holds held a valid master cosmetologist license in this state on March 29, 1983, from practicing at the as a master cosmetologist level as defined in paragraph (8) of Code Section 43-10-1. (c) Reserved It shall be unlawful for any individual to hold himself or herself out as a master barber, barber II, barber instructor, or barber apprentice without having first obtained the certificate of registration for such. (d) Notwithstanding any other provisions of this chapter, any person individual desiring to perform solely hair design services shall be allowed to obtain a certificate of registration at the as a hair design level designer upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (7) (9) of Code Section 43-10-1. (e) Notwithstanding any other provisions of this chapter, any person individual desiring to perform solely cosmetic skin care services shall be allowed to obtain a certificate of registration at the as an esthetician level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (5) (8) of Code Section 43-10-1. (f)(1) Notwithstanding any other provisions of this chapter, any person individual desiring to perform solely cosmetic nail care services shall be allowed to obtain a certificate of registration at the as a nail technician level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (9) (12) of Code Section 43-10-1.
(2) Notwithstanding any other provisions of this chapter, any person who has actively engaged in the practice of cosmetology, hair design, esthetics, or nail care on a military installation in Georgia for three years prior to July 1, 1985, shall be eligible to receive a certificate of registration at the cosmetology, hair design, esthetics, or nail care level upon proper proof of experience, application, and appropriate fee being submitted to the board on or before September 1, 1985. (g)(1) Notwithstanding any other provisions of this chapter, any current or discharged member of the military or any spouse of a current or discharged member of the military may apply to the board for the immediate issuance of a certificate of registration issued pursuant to this chapter, provided that such individual holds a license or certification from another state for which the training, experience, and testing substantially meet or exceed the requirements in this state to obtain the certificate of registration for which such individual is applying.
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(2) As used in this paragraph, the term: (A) 'Discharge' means an honorable discharge or a general discharge from active military service. The term 'discharge' shall not mean a discharge under other than honorable conditions, a bad conduct discharge, or a dishonorable discharge. (B) 'Military' means any regular or reserve component of the United States armed forces, the Georgia Army National Guard, or the Georgia Air National Guard.
(g)(h) It shall also be unlawful for any person or persons to operate a beauty shop, beauty salon, barber shop, hair design salon, school of cosmetology, school of hair design, school of esthetics, or school of nail care, or school of barbering without first having obtained a certificate of registration for such shop, salon, or school as provided in this chapter. Any beauty shop, salon, or school beauty salon, barber shop, school of cosmetology, school of hair design, school of esthetics, school of nail care, or school of barbering shall register with the division director of the professional licensing boards prior to opening. (h)(i) This chapter shall have uniform application throughout the state so that no master cosmetologist, cosmetologist, hair designer, nail technician, esthetician, master barber, barber II, beauty shop, beauty salon, barber shop, school of cosmetology, school of hair design, school of esthetics, or school of nail care, or school of barbering shall be exempt from regulation.
43-10-9. (a)(1) Any person individual desiring to obtain a certificate of registration to enable him or her to engage in the occupation of cosmetology a cosmetologist shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,500 credit hour study course with at least nine months at a board approved school or has served as an apprentice in a beauty shop, or beauty salon, or barber shop for a period of at least 3,000 credit hours; has practiced or studied the occupation of cosmetology a cosmetologist; is possessed of the requisite skill in such occupation to perform properly all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services mentioned in paragraph (4) (7) of Code Section 43-10-1, and in all the duties and services incident thereto; and has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of as a master cosmetologist. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000.
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(b) Should an applicant under this Code section fail to pass the written or the practical examination, the board shall furnish the applicant a statement in writing, stating wherein the applicant was deficient. Nothing in this chapter shall be construed to prevent applicants from making subsequent applications to qualify under this Code section, provided they again pay the required examination fee.
(2) Notwithstanding any other provisions of this subsection, the board shall allow endorsement to an applicant who submits a complete application, along with a fee, and verification that he or she holds an active license or certificate of registration as a cosmetologist or an instructor or teacher of the occupation of a cosmetologist at that level in another state or territory of the United States. The board may establish requirements for endorsement by rules and regulations. (f)(1) (b)(1) Any person individual desiring to obtain a certificate of registration to enable him or her to engage in the occupation of a hair design designer shall make application through the division director and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,325 credit hour study course with at least seven months at a board approved school or has served as an apprentice in a beauty shop, beauty salon, or hair design salon barber shop for a period of at least 2,650 credit hours; has practiced or studied the occupation of a hair design designer; is possessed of the requisite skill in such occupation to perform properly all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services mentioned in paragraph (7) (9) of Code Section 43-10-1, and in all the duties and services incident thereto; and has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of a hair design designer. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2006. (2) Should an applicant under this subsection fail to pass the written or the practical examination, the board shall furnish the applicant a statement in writing, stating in what manner the applicant was deficient. Nothing in this chapter shall be construed to prevent applicants from making subsequent applications to qualify under this subsection, provided they again pay the required examination fee. (3) An approved applicant for examination under this subsection may be issued a work permit authorizing said applicant to practice such occupation until the release of the results of the written and the practical examination for which the applicant is scheduled. If the applicant fails to appear for the examination or fails any portion of the examination, the work permit shall be revoked unless the applicant provides just cause to the board as to why the applicant was unable to appear for the examination.
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(4) Should an applicant have a current hair design license in force from another state, country, territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid a fee and have submitted an application, the applicant may be issued, without examination, a certificate of registration at the appropriate level entitling him or her to practice the occupation of hair design or the teaching of hair design at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice hair design outside of this state and who desires to obtain a license or certificate at a level authorized under this subsection to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (2) Notwithstanding any other provisions of this subsection, the board shall allow endorsement to an applicant who submits a complete application, along with a fee, and verification that he or she holds an active license or certificate of registration as a hair designer or an instructor or teacher of the occupation of a hair designer in another state or territory of the United States. The board may establish requirements for endorsement by rules or regulations. (c) An approved applicant for examination under this Code section may be issued a work permit authorizing said applicant to practice such occupation until the release of the results of the written and the practical examination for which the applicant is scheduled. If the applicant fails to appear for the examination or fails any portion of the examination, the work permit shall be revoked unless the applicant provides just cause to the board as to why the applicant was unable to appear for the examination. (g)(c)(1) Any person individual desiring to obtain a certificate of registration at the esthetician level under the terms of this chapter to enable him or her to engage in the occupation of an esthetician shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,000 credit hour study course of at least nine months at a board approved school or has served as an apprentice in a beauty shop, or beauty salon, or barber shop for a period of at least 2,000 credit hours; has practiced or studied cosmetic skin care as defined in paragraph (5) (8) of Code Section 43-10-1; is possessed of the requisite skill to perform properly these services; and has passed a written and a practical examination approved by the board, a certificate of registration shall be issued to the applicant entitling the applicant to practice the occupation of cosmetology at the esthetician level an esthetician. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under
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such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (2) Should an applicant have a current esthetician license in force from another state, country, territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid a fee and have submitted an application, the applicant may be issued, without examination, a certificate of registration at the appropriate level entitling him or her to practice the occupation of esthetician or the teaching of esthetics at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice esthetics outside of this state and who desires to obtain a license or certificate at a level authorized under this subsection to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. Notwithstanding any other provisions of this subsection, the board shall allow endorsement to an applicant who submits a complete application, along with a fee, and verification that he or she holds an active license or certificate of registration as an esthetician or an instructor or teacher of the occupation of an esthetician in another state or territory of the United States. The board may establish requirements for endorsement by rules or regulations. (d) Should an applicant have a current cosmetology license in force from another state or country, or territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and pays a fee and submits an application, the applicant may be issued, without examination, a certificate of registration at the appropriate level, entitling the applicant to practice the occupation of cosmetology or the teaching of cosmetology at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice cosmetology outside of this state and who desires to obtain a license or certificate at a level authorized under this Code section to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (h)(d)(1) Any person individual desiring to obtain a certificate of registration at the nail technician level under the terms of this chapter to enable him or her to engage in the occupation of a nail technician shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational
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requirements; is of good moral character; has completed a 525 credit hour study course of at least four months at a board approved school or has served as an apprentice in a beauty shop, or beauty salon, or barber shop for a period of at least 1,050 credit hours; has practiced or studied nail care as defined in paragraph (12) of Code Section 43-10-1; is possessed of the requisite skill to perform properly these services; and has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to the applicant entitling the applicant to practice the occupation of cosmetology at the nail technician level. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (2) Should an applicant have a current nail technician license in force from another state, country, territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid a fee and have submitted an application, the applicant may be issued, without examination, a certificate of registration at the appropriate level entitling him or her to practice the occupation of nail technician or the teaching of nail care at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice nail care outside of this state and who desires to obtain a license or certificate at a level authorized under this subsection to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. Notwithstanding any other provisions of this subsection, the board shall allow endorsement to an applicant who submits a complete application, along with a fee, and verification that he or she holds an active license or certificate of registration as a nail technician or an instructor or teacher of the occupation of a nail technician in another state or territory of the United States. The board may pass requirements for endorsement by rule. (e)(1) Any person desiring to obtain a certificate of registration to enable him or her to engage in the occupation of a master barber shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 16 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,500 credit hour study course of at least nine months at a board approved school or has served as an apprentice in a beauty shop, beauty salon, or barbershop for a period of at least 3,000 credit hours; has practiced or studied barbering; is possessed of the requisite
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skill to perform properly these services; and has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to the applicant entitling the applicant to practice barbering as a master barber. (2) Any person desiring to obtain a certificate of registration to enable him or her to engage in the occupation of a barber II shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 16 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,140 credit hour study course of at least seven months at a board approved school or has served as an apprentice in a beauty shop, beauty salon, or barbershop for a period of at least 2,280 credit hours; has practiced or studied barbering; is possessed of the requisite skill to perform properly these services; and has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to the applicant entitling the applicant to practice the occupation of barbering at the barber II level. (3) Notwithstanding any other provisions of this subsection, the board shall allow endorsement to an applicant who submits a complete application, along with a fee, and verification that he or she holds an active license or certificate of registration as a master barber or barber II or an instructor or teacher of barbering in another state or territory of the United States. The board may establish requirements for endorsement by rules and regulations. (i)(f) Nothing in this Code section shall be construed as preventing a person an individual from obtaining a certificate of registration for the occupation of cosmetology a cosmetologist at the master level, the hair design level, the esthetician level, or the nail technician level or a certificate of registration for barbering at the master level or barber II level, if such person obtains his or her credit hour study at a State Board of Education approved school or a technical college under the jurisdiction of the Technical College System of Georgia or the Department of Education rather than at a board approved school. (g)(1) An individual issued a certificate of registration as a master cosmetologist in this state shall be eligible to take the master barber examination provided for in this Code section if that person completes a board approved 300 hour prescribed course in an approved cosmetology school, submits a completed application, and pays the proper fees established by the board. (j)(2) A person licensed to practice barbering under Chapter 7 of this title An individual issued a certificate of registration as a master barber in this state shall be eligible to take the master cosmetologist examination provided for in this Code section if that person completes a board approved 250 300 hour prescribed course in an approved cosmetology school, submits a completed application, and pays the proper fees established by the board.
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(k)(h) Board members may attend and observe all written and practical examinations held for certificates of registration pursuant to this Code section On and after July 1, 2015, any applicant applying for a certificate of registration pursuant to this Code section shall pass both a board approved written and the practical examination within a 24 month period after having obtained the required credit hours or shall be required to repeat all of such required credit hours before retaking the examination. Should an applicant fail to pass the written or the practical examination, the board or the board's designee shall furnish the applicant a statement in writing, stating in what manner the applicant was deficient. (i) On and after July 1, 2015, any applicant applying for a certificate of registration pursuant to this Code section who has graduated from an educational program which prepares cosmetologists in another country shall submit to the board a credentials evaluation from a board approved credentials evaluation provider along with his or her application. Upon the board's acceptance of the credentials evaluation, application, and appropriate fee, the applicant shall be approved to sit for the board approved examination, and upon passing the examination, he or she may be approved for a certificate of registration.
43-10-10. (a) The holder of any certificate of registration issued under Code Section 43-10-9 shall display the same in a conspicuous place in his or her beauty shop, beauty salon, or barber shop or place of business. Certificates of registration issued under Code Section 43-10-9 shall be renewable biennially for a period of up to four years as approved by the division director. The holder shall pay to the division director a renewal fee in such amount as shall be set by the board by regulation. Upon failure to renew such certificate of registration, it shall stand automatically revoked. The holder shall be disqualified from practicing the any occupation of cosmetology under this chapter until all fees to date of application for reinstatement shall be paid, an application for reinstatement shall be submitted along with a reinstatement fee in such amount as shall be set by the board by regulation, and documentation shall be submitted of completion of all required continuing education hours since the date the registration was automatically revoked. If the board is satisfied that the applicant for reinstatement meets all the qualifications set forth in this Code section and Code Section 43-10-9, the applicant shall be issued a new certificate of registration. (b) Notwithstanding subsection (a) of this Code section, at the time of renewal of any cosmetologist, master cosmetologist, hair designer, esthetician, nail technician, master barber, or barber II certificate of registration issued under Code Section 43-10-9, the holder of such certificate shall provide maintain proof, in a form approved by the board, of completion of five hours of continuing education in compliance with this Code section since the date of issuance of the latest renewal certificate biennially to be determined by the board. A licensee shall provide proof of completion of continuing education if audited by the board. A holder who is renewing a certificate of registration for the first time shall not be required to meet the continuing education requirement
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until the time of the second renewal. Further, the requirement for continuing education for the holder of any certificate of registration issued under this chapter shall become effective on January 1, 2003, provided that the board has adopted rules and regulations implementing this Code section pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' a master barber and barber II will become effective beginning January 1, 2018. (c) Three hours The board may require by rules or regulations that either three or four hours of continuing education shall be satisfied by a health and safety course or a review course of the board rules or regulations and applicable laws using a curriculum developed by the Technical College System of Georgia board or by a board approved provider. Such curriculum or course may be revised by the Technical College System of Georgia board or by a board approved provider as necessary to incorporate new developments. The Technical College System of Georgia board shall make the curriculum or course available to other board approved providers of continuing education. The board may charge a fee to providers for registration as a board approved provider. (d) The remaining two hours of The board may require by rules and regulations that the remaining one to two hours of continuing education may be satisfied by:
(1) Attendance at an industry or trade show registered with the board; or (2) A course or courses of study registered with the board in one or more of the following subjects: health and safety, industry trends, computer skills, business management, or the holder's area of practice. (e) To request registration of an industry or trade show for continuing education credit, a person or entity shall submit to the board the date and location of the industry or trade show. To request registration of a course of study for continuing education credit, the person or entity offering the course of study shall submit to the board an outline of the subject matter, a list of the persons teaching the course with a summary of their qualifications, the number of hours for each course, and the date and location where the course of study will be presented or has been presented, if applicable. Any certificate holder may request board approval of an unregistered industry or trade show or an unregistered course of study. A person or entity conducting an industry or trade show or a course of study shall provide written proof of attendance at the industry or trade show or completion of a course of study to all participants. (f) The board shall register and allow credit as continuing education for courses conducted via the Internet or other electronic means or home study courses. (g) Courses in cosmetology, hair design, nail technology, esthetics, computers, business, or health and safety issues offered by schools under the jurisdiction of the Board of Regents of the University System of Georgia, the Technical College System of Georgia, the Department of Education, or any accredited postsecondary institution shall satisfy the continuing education requirement without a request to the board for approval or registration. (h) In no event shall the testing of knowledge or skills be required as proof of the successful completion of a continuing education course.
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(i) For the first renewal period during which the continuing education requirement will be enforced, the board shall allow credit for continuing education hours which were board approved or which did not require prior approval by the board received between March 31, 2000, and January 1, 2002, for master cosmetologists and between August 31, 1999, and January 1, 2002, for nail technicians and estheticians. Thereafter, no excess hours from one renewal period shall be authorized to be credited toward the continuing education requirement for another renewal period. (j) The continuing education requirement shall not apply to certificate holders who:
(1) Have held a certificate for 25 or more years; or (2) Demonstrate a hardship based on a disability, age, illness, or such other circumstance as the board may identify by rule and determine on a case-by-case basis. Certificate holders who claim an exemption from the continuing education requirement on the basis of paragraph (2) of this subsection shall provide a sworn statement setting out the facts supporting such exemption.
43-10-11. All beauty shops, beauty salons, barber shops, schools of cosmetology, schools of hair design, schools of esthetics, and schools of nail care, and schools of barbering shall be registered with the division director by the owner or manager. Such registration shall be made by the filing of an application on forms furnished by the division director; shall include the name and location of the beauty shop, salon, or school, the name and address of the owner, and the names and addresses of all instructors of the shop, salon, or school at the time of registration; and shall be accompanied by a registration fee in such amount as shall be set by the board by regulation. The board may require salon, shop, or school owners to complete a board approved course covering health, sanitation, and safety, or rules and regulations of the board and applicable laws, or a combination thereof prior to issuing a registration to the owner. The board is authorized and directed to issue a certificate of registration to each shop, salon, or school so registering and paying such fee, which certificate shall be displayed in a conspicuous place in the registered shop, salon, or school.
43-10-12. (a)(1) All schools of barbering, schools of cosmetology, schools of esthetics, schools of hair design, or schools of nail care shall: (A) Cause to be registered with the board, at the time of opening, 15 bona fide students; (B) Have not less than one instructor for every 20 students or a fraction thereof; and (C) Keep permanently displayed a sign reading 'School of Cosmetology,' 'School of Hair Design,' 'School of Esthetics,' or 'School of Nail Care,' or 'School of Barbering' as the case may be; and all such signs shall also display the words 'Service by Students Only.' Where service is rendered by a student, no commissions or premiums shall be paid to such student for work done in the schools; nor shall any person be employed by the schools to render professional service to the public; and
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(D) Provide transcripts to students upon graduation or withdrawal from the school provided all tuition and fees due to the school have been satisfied. Student records shall be maintained by the schools for a minimum of five years. If a school closes its business, the owner is required to provide copies of student records, including transcripts, to the Non-Public Postsecondary Education Commission within thirty days of the school closure. (2) All schools of cosmetology, schools of hair design, schools of esthetics, and schools of nail care, and schools of barbering are required to keep in a conspicuous place in such schools a copy of the rules and regulations adopted by the board. (3) All master barbers and master cosmetologists who take an apprentice pursuant to Code Section 43-10-14 shall file immediately with the board through the division director the name and age of such apprentice; and the board shall cause such information to be entered on a register kept by the division director for that purpose. (b) Any person desiring to operate or conduct a school of cosmetology, school of hair design, school of esthetics, or school of nail care, or school of barbering prior to opening shall first secure from the board a permit to do so and shall keep the permit prominently displayed in the school. (c) The board shall have the right authority to pass upon the qualifications, appointments, courses of study, and hours of study in the school of cosmetology, school of hair design, school of esthetics, or school of nail care, or school of barbering, provided that: (1) All schools of cosmetology shall be required to teach the following courses: theory, permanent and cold waving, hair coloring and bleaching, hair and scalp treatments, hair and scalp conditioning, hair cutting and shaping, hairdressing, shampooing, styling, comb out, charm, reception, desk work, art and laboratory, facials, makeup and arching, skin care, nail care, state law, state rules and regulations, and any other subjects related to cosmetology and sanitation; (2) All schools of esthetics shall be required to teach the following courses: theory, skin care, facials, makeup and arching, eyelash extensions, charm, reception, desk work, art and laboratory, massaging the face, or neck, decolletage, or arms, trimming, tweezing, or threading eyebrows and other facial hair, dyeing, waxing, stimulating, cleansing, or beautifying, state law, state rules and regulations, and any other subjects related to esthetics and sanitation; and (3) All schools of nail care shall be required to teach the following courses: theory, trimming, filing, shaping, decorating, sculpturing and artificial nails, nail care, pedicuring, charm, reception, desk work, art and laboratory, state law, state rules and regulations, and any other subjects related to nail care and sanitation; and (4) All schools of barbering shall be required to teach the following courses: theory, hair and scalp treatments, shampooing and conditioning, shaving, coloring of hair, hair cutting and styling, facial hair design and waxing, permanent waving, relaxing, and chemical application. (d)(1) The board shall have the right to suspend or revoke the certificate, permit, or license of or to reprimand any such school of cosmetology, school of esthetics, or
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school of hair design, school of nail care, school of barbering or instructor or teacher therein, for the violation of this chapter. (2) The board shall have the same power and authority as to sanitary conditions over schools as it has over beauty shops, and beauty salons, and barber shops. (e)(1) All teachers or instructors shall devote their entire time to instruction of students. Any person individual desiring to teach or instruct in any school of cosmetology, school of esthetics, school of hair design, or school of nail care, or school of barbering shall first file his or her application with the division director for a license, shall pay a fee in such amount as shall be set by the board by regulation rules and regulations, and shall successfully pass both a written and a practical examination to become an instructor.
(2)(A) A person An individual desiring to teach at the master level shall satisfy the board that he or she:
(i) Holds a current cosmetology license master cosmetologist certificate of registration at the master level and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 750 hours of instructor training in cosmetology at a board approved school; and (iii) Has one year of work experience at the as a master level cosmetologist. (B) A person An individual holding a current cosmetology license master cosmetologist certificate of registration at the master level who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examination to become an instructor at the master level. (3)(A) A person An individual desiring to teach at the esthetician level shall satisfy the board that he or she: (i) Holds a current cosmetology license level certificate of registration as an esthetician or master cosmetologist and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 500 hours of board approved instructor training in esthetics of at least nine months; (iii) Has one year of work experience at the as an esthetician or master level cosmetologist; and (iv) Has passed both a written and a practical examination to become an instructor in esthetics. (B) A person An individual holding a current cosmetology license certificate of registration at the as an esthetician or master level cosmetologist who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board
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approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examination to become an instructor at the esthetician level. (4)(A) A person An individual desiring to teach at the nail technician level shall satisfy the board that he or she:
(i) Holds a current cosmetology license certificate of registration at the as a nail technician or master level cosmetologist and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 250 hours of board approved instructor training in nail care of at least four months; (iii) Has one year of work experience at the as a nail technician or master level cosmetologist; and (iv) Has passed both a written and a practical examination to become an instructor in nail care. (B) A person An individual holding a current cosmetology license certificate of registration at the as a nail technician or master level cosmetologist who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examination to become an instructor at the nail technician level. (5)(A) Reserved An individual desiring to teach barbering shall satisfy the board that he or she: (i) Holds a current certificate of registration as a master barber and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 750 hours of board approved instructor training in barbering; and (iii) Has passed both a written and a practical examination to become an instructor in barbering. (B) An individual holding a current certificate of registration as a master barber who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examinations to become an instructor for barbering. (6)(A) A person An individual desiring to teach at the hair designer level shall satisfy the board that he or she: (i) Holds a current cosmetology license certificate of registration at the as a hair designer or master level cosmetologist and is a high school graduate, has a general
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educational development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 750 hours of board approved instructor training in hair design of at least four months; (iii) Has one year of work experience as a hair designer or master level cosmetologist; and (iv) Has passed both a written and a practical examination to become an instructor in hair design. (B) A person An individual holding a current cosmetology license certificate of registration at the as a hair designer or master level cosmetologist who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examinations to become an instructor at the hair designer level. (7) Any teacher or instructor shall renew his or her license certificate of registration to teach cosmetology biennially in odd years in accordance with the rules and regulations of the division director governing expiration dates of certificates of registration by remitting with his or her application a renewal fee in such amount as shall be set by the board by regulation; provided, however, any teacher or instructor who fails to renew his or her certificate of registration to practice as a cosmetologist, esthetician, or nail technician on or before the date established by the board by regulation shall automatically have his or her license certificate of registration to teach or instruct suspended. A person failing to renew his or her instructor's license within two years after certificate of registration of a teacher or instructor at the end of the late renewal period following the expiration date shall be required to pay a reinstatement fee after board review. (8) Nothing in this Code section shall be construed as preventing a person an individual from obtaining a certificate of registration as teacher or instructor who is certified by the Department of Education to teach cosmetology in the state public schools. The certification is shall be limited to those persons individuals who hold a current cosmetology license certificate of registration as a master cosmetologist at the master level and also hold a diploma or certificate of 1,500 credit hours from a board approved school and have completed the three-year teachers training program required by the Department of Education. Such persons shall also pass both a written and a practical examination satisfactory to the board and, upon passage thereof, shall receive a license certificate of registration to teach cosmetology. (f) All teachers or instructors of cosmetology at all levels seeking renewal of licenses certificates of registration are required to submit to the board proof of completion of 15 hours of continuing education in the cosmetology profession approved by the board at least half of which consists of instruction in teaching methods.
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43-10-13. (a) The board shall have the right to set a course of study for all students of the schools of cosmetology, schools of hair design, schools of esthetics, and schools of nail care, and schools of barbering within this state. (b) Before a student shall be eligible to take the examination provided for in Code Section 43-10-9, he or she shall first file with his or her application for examination a transcript showing the number of hours and courses completed from the school or shop attended by the student.
43-10-14. (a) Nothing in this chapter shall prohibit any person individual at least 16 years of age from learning the occupation of cosmetology a cosmetologist under a master cosmetologist, provided that such cosmetologist has had at least 36 months' experience and has held a certificate of registration as a master cosmetologist for at least 36 months. In addition, nothing in this chapter shall prohibit any person individual at least 16 years of age from learning the occupation of cosmetology a cosmetologist under an instructor in a school of cosmetology who has been a cosmetologist for a period of at least one year and has registered under this chapter. Nothing in this chapter shall prohibit any person individual at least 16 years of age from learning the occupation of hair designer under a cosmetologist holding a master cosmetologist certificate of registration or a hair design certificate of registration as a hair designer, provided that such cosmetologist has had at least 36 months' experience or, under an instructor in a school of cosmetology or school of hair design who has held a certificate of registration as a cosmetologist for a period of at least one year, is qualified to teach such practices and has registered under this chapter. Nothing in this chapter shall prohibit any person individual at least 16 years of age from learning the occupation of esthetics under a cosmetologist holding a master cosmetologist certificate of registration or an esthetician a certificate of registration as an esthetician, provided that such cosmetologist has had at least 36 months' experience or, under an instructor in a school of cosmetology or school of esthetics who has held a certificate of registration as a cosmetologist for a period of at least one year, is qualified to teach said practices and has registered under this chapter. Nothing in this chapter shall prohibit any person individual at least 16 years of age from learning the occupation of a nail care or manicuring technician under a cosmetologist holding a master cosmetologist certificate of registration or a nail technician certificate of registration, provided that such cosmetologist has had at least 36 months' experience or, under an instructor in a school of cosmetology or school of nail care who has been a licensed held a certificate of registration as a cosmetologist for a period of at least one year, is qualified to teach such practices and has registered under this chapter. Any person registered as an apprentice under this Code section on June 30, 1997, shall be eligible to continue such apprenticeship under the person from whom that apprentice was learning the occupation of cosmetology, hair design, esthetics, or nail care or manicuring at the time of registration notwithstanding that the person under whom the apprentice was learning such occupation does not meet the 36
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months' experience otherwise required by this Code section. Nothing in this chapter shall prohibit any individual at least 16 years of age from learning barbering under a barber holding a master barber certificate of registration, provided that such master barber has had at least 18 months' experience or under an instructor in a school of barbering who has held a certificate of registration as a master barber for a period for at least one year, is qualified to teach said practices, and has registered under this chapter. (b) Every beauty shop, beauty salon, and barber shop owner shall have the responsibility for registering apprentices with the division director. The shop of salon owner shall file a statement in writing, showing the apprentice's name and the address of the shop. The board shall have the authority to require the shop or salon owner or master cosmetologist, hair designer, esthetician, nail technician, or master barber who is supervising the apprentice to furnish to the board the number of hours completed by the apprentice. The shop or salon owner shall remit to the division director a fee in such amount as shall be set by the board by regulation for the registration of the apprentice. The apprentice shall receive a certificate of registration showing the capacity in which he or she is permitted to practice cosmetology barbering or the occupation of a cosmetologist. The certificate of registration shall be effective for a period of two four years and may be renewed at the end of such period upon the filing of an application on forms furnished by the division director and the payment of a renewal fee in such amount as shall be set by the board by regulation. A certificate of registration authorizing a person to learn barbering or the occupation of cosmetology a cosmetologist under a cosmetologist, master cosmetologist, hair designer, esthetician, nail technician, or master barber shall not be renewed more than one time; and, upon the expiration of the last certificate of registration issued, such person shall not be permitted to practice in any capacity. (b)(c) Notwithstanding any other provisions of this Code section, the board shall be authorized to waive any education requirements under this Code section in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000.
43-10-15. (a) The board, acting upon its own knowledge or written or verified complaint filed by any person, shall have the power to reprimand or power to suspend, revoke, or cancel the certificate of registration of or refuse to grant, renew, or restore a certificate of registration to a holder of any certificate of registration issued pursuant to this chapter upon proof of any one of the following grounds:
(1) Willfully committing any false, fraudulent, or deceitful act or using any forged, false, or fraudulent document in connection with any requirement of this chapter or the rules and regulations of the board; (2) Willfully failing at any time to comply with the requirements for a certificate of registration under this chapter;
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(3) Practicing cosmetology barbering or the occupation of a cosmetologist under a false or assumed name; (4) Willfully permitting an unlicensed person to practice, learn, or teach cosmetology barbering or the occupation of a cosmetologist; (5) Knowingly performing an act which in any way assists an unlicensed person to practice, learn, or teach cosmetology barbering or the occupation of a cosmetologist; or (6) Violating, directly or indirectly, or assisting in the violation of this chapter or any rule or regulation of the board. (b) The board may impose a fine not to exceed $500.00 for each violation of any provision of subsection (a) of this Code section; provided, however, that the board shall not, for any violation of paragraph (6) of subsection (a) of this Code section on grounds not set forth in paragraphs (1) through (5) of such subsection, impose a fine for the first violation in an amount that exceeds $25.00, impose a fine for a second violation in an amount that exceeds $75.00, or impose a fine for each subsequent violation in an amount that exceeds $300.00. Such fines shall be listed in a schedule contained in the rules and regulations of the board. The licensee shall pay the fine within 30 days after receiving written notification a citation from either the board or a representative of the board unless the licensee requests in writing a hearing before the board. Such request for a hearing must be received by the board within 30 days after receipt of the written notification citation from the board or a representative of the board. Such hearings may be held by the board or a committee of the board. Decisions of a committee of the board entered pursuant to this paragraph shall be final decisions of the board. Failure either to pay the fine or request a hearing shall may result in immediate suspension of the license pending a hearing to determine whether revocation or other disciplinary action should be imposed on the licensee. (c) The board, for good cause shown and under such conditions as it may prescribe, may restore a certificate of registration to any person, beauty shop, or beauty salon, barber shop, or school or college of cosmetology, school of hair design, school of esthetics, school of nail care, or school of barbering whose certificate of registration has been suspended, revoked, or canceled. (d) Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall apply to any proceeding under this Code section.
43-10-16. The board may bring an action to enjoin any person, firm, or corporation from engaging in barbering or the occupation of cosmetology a cosmetologist if such person, firm, or corporation, without being licensed or registered to do so by the board, engages in or practices barbering or the occupation of cosmetology. The action shall be brought in the county in which such person individual resides or, in the case of a firm or corporation, where the firm or corporation maintains its principal office; and, unless it appears that such person, firm, or corporation so engaging or practicing cosmetology in barbering or the practice of a cosmetologist is licensed or registered, the injunction shall
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be issued, and such person, firm, or corporation shall be perpetually enjoined from engaging or practicing in such activities throughout the state. It shall not be necessary in order to obtain the equitable relief provided in this Code section for the board to allege and prove that there is no adequate remedy at law. It is declared that the unlicensed activities referred to in this Code section are a menace and a nuisance dangerous to the public health, safety, and welfare.
43-10-17. Notwithstanding any other provision of this chapter, a beauty shop, or beauty salon, and barber shop shall be authorized to employ persons to wash, shampoo, comb, and brush hair, and such persons shall not be required to be registered by the board.
43-10-18. (a) Nothing contained in this chapter nor any rule or regulation adopted in implementation hereof shall be construed to prohibit any person from operating a beauty shop, beauty salon or barber shop within his or her home or residence, provided that such shop meets and complies with all of the provisions of this chapter and the rules and regulations promulgated by the board. (b) It shall not be necessary for any person operating a beauty shop, beauty salon, or barber shop in a private home to post a sign denoting same to be a beauty shop, beauty salon, or barber shop unless the person elects to do so.
43-10-18.1. A beauty shop or salon licensed under this chapter shall be authorized to employ a barber licensed under Chapter 7 of this title. A beauty shop or salon employing such a barber shall not be subject to the licensure provisions of Chapter 7 of this title Reserved.
43-10-18.2. Notwithstanding any other provision of this chapter, premises made available for a beauty shop, beauty salon, or barber shop within a facility licensed as a nursing home pursuant to Article 1 of Chapter 7 of Title 31 shall not be required to be licensed or registered as a beauty shop, beauty salon, or barber shop under this chapter, or otherwise be subject to any provisions of this chapter except for inspections, investigations, or both, for alleged violations of this chapter by any person licensed under this chapter, if barbering or cosmetologist services in such premises are rendered only to residents of the nursing home.
43-10-18.3. (a) Notwithstanding any other provision of this chapter, cosmetology barbering or cosmetologist services may be performed by a licensed registered cosmetologist, master barber, or barber II in a client's residence, a nursing home, an assisted living community a personal care home, or a hospital, or similar facilities when the client for reasons of ill
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health, infirmity, or other physical disability is unable to go to the licensed beauty shop, or salon, or barber shop for regular cosmetology barbering or cosmetologist services. (b) The board is authorized to adopt reasonable rules and regulations prescribing requirements and conditions for the performance of the services authorized in subsection (a) of this Code section.
43-10-19. (a) If any person not lawfully entitled to a certificate of registration under this chapter shall practice the occupation of a barber or cosmetologist; or if any such person shall endeavor to learn the trade of a barber or cosmetologist by practicing the same under the instructions of a barber or cosmetologist or other person, other than as provided in this chapter; or if any such person shall instruct or attempt to instruct any person in such trade; or if any proprietor of or person in control of or operating any beauty shop, beauty salon, school of cosmetology, school of hair design, school of esthetics, or school of nail care, or school of barbering shall knowingly employ for the purpose of practicing such occupation any barber or cosmetologist not registered under this chapter; or if any person, beauty shop, salon, barber shop, or school of cosmetology, school of hair design, school of esthetics, school of nail care, or school of barbering shall engage in any of the acts covered in this chapter though not registered under the provisions of this chapter; or if any person shall falsely or fraudulently pretend to be qualified under this chapter to practice or learn such trade or occupation; or if any person shall violate any provision of the chapter for which a penalty is not specifically provided, he or she such person shall be guilty of a misdemeanor. (b) Any person who operates or manages a beauty shop, salon, barber shop, or school of cosmetology, school of hair design, school of esthetics, school of nail care, or school of barbering that employs a person an individual who does not possess a license as provided in this chapter shall be guilty of a misdemeanor.
43-10-20. (a) For the purposes of this chapter, the teachers and instructors of and courses of instruction or training in cosmetology barbering or the practice of a cosmetologist operated by the Department of Corrections shall be considered to be subject to the same standards and to be part of the cosmetology cosmetologist programs that are approved by the Technical College System of Georgia or the Department of Education as provided for by paragraphs (10), (11), (13), and (14) through (18) of Code Section 4310-1 and paragraph (8) of subsection (e) of Code Section 43-10-12. (b) The board shall be required to test an inmate who is an applicant for a certificate or registration under this chapter who has completed successfully a cosmetology barber or cosmetologist training program operated by the Department of Corrections and who meets the requirements stated in Code Section 43-10-9. If such inmate passes the applicable written and practical examinations, the board may issue the appropriate certificate of registration to such inmate after consideration of all requirements under Code Sections 43-10-9 and 43-1-19; provided, however, that the board shall not apply
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the provisions of paragraph (4) of subsection (a) of Code Section 43-1-19 to such inmate based solely upon such person's status as an inmate and shall apply such provisions in the same manner as would otherwise be applicable to an applicant who is not an inmate."
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 Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick N Brockway
Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman N Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows E Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge
Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites
Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
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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.
HB 517. By Representative Corbett of the 174th:
A BILL to be entitled an Act to amend an Act to provide for the election of the members of the board of education of Echols County, approved April 10, 1968 (Ga. L. 1968, p. 3514), so as to provide that the members of the board of education shall be elected in nonpartisan elections; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison N Anderson N Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton N Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick N Brockway Y Brooks Y Bruce N Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M N Cantrell Y Carson Y Carter N Casas Y Chandler Y Cheokas Y Clark, D
N Coomer Cooper
Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey
Dickerson Y Dickey Y Dickson N Dollar Y Douglas Y Drenner N Dudgeon Y Dukes N Dunahoo N Duncan Y Ealum Y Efstration N Ehrhart Y England Y Epps Y Evans N Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins Y Henson N Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs N Jasperse Y Jones, J Y Jones, J.B. Y Jones, L N Jones, S N Jordan Y Kaiser N Kelley Y Kendrick Y Kidd N Kirby
Knight Y LaRiccia Y Lumsden Y Mabra Y Marin N Martin
Y Meadows E Mitchell
Morris N Mosby Y Nimmer N Nix Y Oliver Y O'Neal N Pak Y Parrish Y Parsons Y Peake N Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett N Quick N Raffensperger N Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes N Rice Y Roberts Y Rogers, C Y Rogers, T N Rutledge N Rynders N Scott
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 N Stover Y Strickland Y Tankersley N Tanner N Tarvin Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites
Watson N Welch
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C
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Y Clark, H Y Clark, V Y Coleman N Cooke
Y Gordon N Gravley Y Greene N Hamilton
Y Maxwell Y Mayo Y McCall Y McClain
Y Setzler Y Sharper Y Shaw Y Sims
Y Williams, E N Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 122, nays 46.
The Bill, having received the requisite constitutional majority, was passed.
SB 103. By Senators Jackson of the 2nd and Watson of the 1st:
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 allow for local authorization and regulation of the sale of alcoholic beverages for consumption on the premises on Sundays during the St. Patrick's Day holiday period; 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 N Allison
Anderson N Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner N Burns Y Caldwell, J Y Caldwell, M N Cantrell
N Coomer Y Cooper Y Corbett 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 Ealum Y Efstration
Ehrhart N England Y Epps Y Evans N Fleming
Floyd Y Fludd Y Frazier
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes N Houston Y Howard Y Hugley N Jackson Y Jacobs N Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd N Kirby
Meadows E Mitchell N Morris Y Mosby N Nimmer N Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice
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 Stover Y Strickland Y Tankersley N Tanner Y Tarvin N Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson N Welch Y Weldon
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Y Carson Y Carter
Casas Y Chandler
Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Frye Gardner
N Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Knight N LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Roberts Y Rogers, C N Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Werkheiser Y Wilkerson Y Wilkinson
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 144, nays 21.
The Bill, having received the requisite constitutional majority, was passed.
Representative Bryant of the 162nd asked unanimous consent that SB 103 be immediately transmitted to the Senate.
It was so ordered.
HB 512. By Representatives Jasperse of the 11th and Dempsey of the 13th:
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 change certain terminology and provisions relating to the governing and regulation of mental health and to the administration of mental health as it relates to regional and local administration and services; 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 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change certain terminology and provisions relating to the governing and regulation of mental health and to the administration of mental health as it relates to regional and local administration and services; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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SECTION 1.
Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by revising Code Section 37-1-20, relating to obligations of the Department of Behavioral Health and Developmental Disabilities, as follows:
"37-1-20. The department shall:
(1) Establish, administer, and supervise the state programs for mental health, developmental disabilities, and addictive diseases; (2) Direct, supervise, and control the medical and physical care and treatment; recovery; and social, employment, housing, and community supports and services based on single or co-occurring diagnoses provided by the institutions, contractors, and programs under its control, management, or supervision; (3) Plan for and implement the coordination of mental health, developmental disability, and addictive disease services with physical health services, and the prevention of any of these diseases or conditions, and develop and promulgate rules and regulations to require that all health services be coordinated and that the public and private providers of any of these services that receive state support notify other providers of services to the same patients of the conditions, treatment, and medication regimens each provider is prescribing and delivering; (4) Ensure that providers of mental health, developmental disability, or addictive disease services coordinate with providers of primary and specialty health care so that treatment of conditions of the brain and the body can be integrated to promote recovery, health, and well-being; (5) Have authority to contract, including performance based contracts which may include financial incentives or consequences based on the results achieved by a contractor as measured by output, quality, or outcome measures, for services with community service boards, private agencies, and other public entities for the provision of services within a service area so as to provide an adequate array of services and choice of providers for consumers and to comply with the applicable federal laws and rules and regulations related to public or private hospitals; hospital authorities; medical schools and training and educational institutions; departments and agencies of this state; county or municipal governments; any person, partnership, corporation, or association, whether public or private; and the United States government or the government of any other state; (6) Establish and support programs for the training of professional and technical personnel as well as regional planning boards advisory councils and community service boards; (7) Have authority to conduct research into the causes and treatment of disability and into the means of effectively promoting mental health and addictive disease recovery; (8) Assign specific responsibility to one or more units of the department for the development of a disability prevention program. The objectives of such program shall include, but are not limited to, monitoring of completed and ongoing research related to the prevention of disability, implementation of programs known to be
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preventive, and testing, where practical, of those measures having a substantive potential for the prevention of disability; (9) Establish a system for regional local administration of mental health, developmental disability, and addictive disease services in institutions and in the community; (10) Make and administer budget allocations to regional offices established by the board pursuant to Code Section 37-2-4.1 to fund the operation of mental health, developmental disabilities, and addictive diseases facilities and programs; (11) Coordinate in consultation with providers, professionals, and other experts the development of appropriate outcome measures for client centered service delivery systems; (12) Establish, operate, supervise, and staff programs and facilities for the treatment of disabilities throughout this state; (13) Disseminate information about available services and the facilities through which such services may be obtained; (14) Supervise the regional local office's exercise of its responsibility and authority concerning funding and delivery of disability services; (15) Supervise the regional local offices concerning the receipt and administration of grants, gifts, moneys, and donations for purposes pertaining to mental health, developmental disabilities, and addictive diseases; (16) Supervise the administration of contracts with any hospital, community service board, or any public or private providers without regard to regional or state boundaries for the provision of disability services and in making and entering into all contracts necessary or incidental to the performance of the duties and functions of the department and the regional local offices; (17) Regulate the delivery of care, including behavioral interventions and medication administration by licensed staff, or certified staff as determined by the department, within residential settings serving only persons who are receiving services authorized or financed, in whole or in part, by the department; (18) Classify host homes for persons whose services are financially supported, in whole or in part, by funds authorized through the department. As used in this Code section, the term 'host home' means a private residence in a residential area in which the occupant owner or lessee provides housing and provides or arranges for the provision of food, one or more personal services, supports, care, or treatment exclusively for one or two persons who are not related to the occupant owner or lessee by blood or marriage. A host home shall be occupied by the owner or lessee, who shall not be an employee of the same community provider which provides the host home services by contract with the department. The department shall approve and enter into agreements with community providers which, in turn, contract with host homes. The occupant owner or lessee shall not be the guardian of any person served or of their property nor the agent in such person's advance directive for health care. The placement determination for each person placed in a host home shall be made according to such person's choice as well as the individual needs of such person in
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accordance with the requirements of Code Section 37-3-162, 37-4-122, or 37-7-162, as applicable to such person; (19) Provide guidelines for and oversight of host homes, which may include, but not be limited to, criteria to become a host home, requirements relating to physical plants and supports, placement procedures, and ongoing oversight requirements; (20) Supervise the regular visitation of disability services facilities and programs in order to assure contracted providers are licensed and accredited by the designated agencies prescribed by the department, and in order to evaluate the effectiveness and appropriateness of the services, as such services relate to the health, safety, and welfare of service recipients, and to provide technical assistance to programs in delivering services; (20)(21) Establish a unit of the department which shall receive and consider complaints from individuals receiving services, make recommendations to the commissioner regarding such complaints, and ensure that the rights of individuals receiving services are fully protected; (21)(22) With respect to housing opportunities for persons with mental illness and co-occurring disorders:
(A) Coordinate the department's programs and services with other state agencies and housing providers; (B) Facilitate partnerships with local communities; (C) Educate the public on the need for supportive housing; (D) Collect information on the need for supportive housing and monitor the benefit of such housing; and (E) Identify and determine best practices for the provision of services connected to housing; (22)(23) Exercise all powers and duties provided for in this title or which may be deemed necessary to effectuate the purposes of this title; (23)(24) Assign specific responsibility to one or more units of the department for the development of programs designed to serve disabled infants, children, and youth. To the extent practicable, such units shall cooperate with the Georgia Department of Education and the University System of Georgia in developing such programs; (24)(25) Have the right to designate private institutions as state institutions; to contract with such private institutions for such activities, in carrying out this title, as the department may deem necessary from time to time; and to exercise such supervision and cooperation in the operation of such designated private institutions as the department may deem necessary; and (25)(26) Establish policies and procedures governing fiscal standards and practices of community service boards and their respective governing boards; and. (27) Coordinate the establishment and operation of a data base and network to serve as a comprehensive management information system for disability services and programs."
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SECTION 2. Said title is further amended by revising Code Section 37-2-4.1, relating to regional mental health, developmental disabilities, and addictive diseases offices, as follows:
"37-2-4.1. (a) The department shall may create regional local mental health, developmental disabilities, and addictive diseases offices. The number of these offices may be modified from time to time as deemed necessary by the department. (b) The department shall create a separate regional mental health, developmental disabilities, and addictive diseases planning board for each regional office advisory council for each region of the department as established under subsection (a) of this Code section Section 37-2-3. Each board shall regional advisory council may provide and facilitate recommendations for the coordinated and comprehensive planning for its region in conformity with minimum standards and procedures established by the department. Each board shall be designated with such identifying words before the term 'regional mental health, developmental disabilities, and addictive diseases planning board' as that regional planning board may, from time to time, choose and designate by official action. (c) The powers, functions, obligations, and duties of the regional mental health, mental retardation, and substance abuse boards as they existed on June 30, 2002, are transferred to the department. The department shall succeed to all rights, privileges, entitlements, contracts, leases, agreements, and other transactions of the regional boards which were in effect on June 30, 2002, and none of those rights, privileges, entitlements, contracts, leases, agreements, and other transactions shall be impaired or diminished by reason of such transfer. In all such instances, the department shall be substituted for such regional board and the department shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions."
SECTION 3. Said title is further amended by revising Code Section 37-2-5, relating to regional planning boards, establishing policy and direction for disability services, membership, bylaws, meetings, and expenses, as follows:
"37-2-5. (a) Each regional planning board advisory council shall engage in disability services planning including job supports and housing within its region and shall may perform such other functions as may be provided or authorized by law, such as:.
(1) Informing the department of local needs and priorities; (2) Organizing natural supports; (3) Recommending community improvements; (4) Providing input to the department regarding the local perspective of consumers, families, and community stakeholders; and (5) Encouraging prevention programs. (b) Membership on the regional planning board advisory council within an established region shall be determined as follows:
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(1) Each county with a population of 50,000 or less according to the United States decennial census of 1990 or any future such census shall appoint one member to the board council; (2) Each county with a population of more than 50,000 according to the United States decennial census of 1990 or any future such census shall appoint one member for each population increment of 50,000 or any portion thereof; (3) The appointment or appointments for each county shall be made by the county governing authority; and (4) The county governing authority shall appoint a consumer of disability services, a family member of a consumer, an advocate for disability services, or a local leader or business person with an interest in mental health, developmental disabilities, and addictive diseases; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services. (b.1) A county governing authority may appoint the school superintendent, a member of the county board of health, a member of the local board of education, or any other elected or appointed official to serve on the regional planning board advisory council, provided that such person meets the qualifications of paragraph (4) of subsection (b) of this Code section, such person does not serve on a community service board, and such appointment does not violate the provisions of Chapter 10 of Title 45. (b.2)(1) A person shall not be eligible to be appointed to or serve on a regional planning board advisory council if such person is:
(A) A member of the community service board which serves that region; or (B) An employee or board member of a private or public entity which contracts with the department, the Department of Human Services, or the Department of Public Health to provide health, mental health, developmental disabilities, or addictive diseases services within the region; (C) An employee of such regional local office or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from such regional local office; or (D) An employee or board member of the department, the Department of Human Services, or the Department of Public Health. (2) A person shall not be eligible to be appointed to or serve on a regional planning board advisory council if such person's spouse, parent, child, or sibling is a member of that regional planning board advisory council or a member, employee, or board member specified in paragraph (1) of this subsection. No person who has served a full term or more on a regional board advisory council or regional planning board may be appointed to a community service board until a period of at least two years has passed since the time such person served on the regional board advisory council or the regional planning board. No person who has served on a regional planning board and who becomes a member of a regional planning board advisory council on after June 30, 2002 2015, may be appointed to a community service board until a period of at
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least two years has passed since the time such person has served on the regional planning board or regional advisory council. (c) In making appointments to the regional planning board advisory council, the various county governing authorities shall ensure that appointments are reflective of consider the cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the regional and county populations. The county governing authorities are further encouraged to ensure that each disability group is viably represented on the regional planning board advisory council, and in so doing the county governing authority may consider suggestions for appointments from clinical professional associations as well as advocacy groups, including but not limited to the Georgia Mental Health Consumer Network, People First of Georgia, the Georgia Parent Support Network, National Alliance for the Mentally Ill Georgia, the American Association for Retired Persons, Georgians for Children, Mental Health America of Georgia, Georgia ARC Network, and the Georgia Council on Substance Abuse and their local chapters and affiliates. (d)(1) In addition, members of the regional mental health, mental retardation, and substance abuse boards in office on June 30, 2002, shall become members of the regional planning board for the area in which they reside on July 1, 2002, and shall serve out the balance of their terms. (2)(d) The initial term of a new member of a regional planning board advisory council shall be determined by the commissioner in order to establish staggered terms on the board council. At such time as the terms of the members of the board council are equally staggered, the term of a member of the regional planning board advisory council shall be for a period of three years and until the member's successor is appointed and qualified. A member may serve no more than two consecutive terms. The term of a regional planning board advisory council member shall terminate upon resignation, death, or inability to serve due to medical infirmity or other incapacity or such other reasonable condition as the regional planning board advisory council may impose under its bylaws. Vacancies on the regional planning board advisory council shall be filled in the same manner as the original appointment. (e) Prior to August 1, 2002 2015, each regional planning board advisory council shall adopt bylaws governing its operation and management. At a minimum, the bylaws shall provide for staggered terms of the board council, requirements for an annual meeting to elect officers, a mechanism for ensuring that consumers of disability services and family members of consumers constitute a majority of the appointments to the board council, and a mechanism for ensuring that each disability service is equitably represented by appointments to the board council. Any board council member who serves an initial term of less than three years may be eligible to be reappointed for two full consecutive three-year terms. The chairperson and vice chairperson of the regional planning board advisory council shall be elected from among the members of the board council to serve a term of one year with the option of reelection for an additional oneyear term. The bylaws shall provide for any other officers and their means of selection, as well as any necessary committees or subcommittees of the board council. Prior to
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their adoption by the regional planning board advisory council, the bylaws shall be submitted to the department for review and approval. The regional planning board advisory council must have the written approval of the commissioner prior to the adoption of bylaws. (f) The regional planning board advisory council shall meet not less than once every two four months, beginning on July 1 and continuing through the next June 30, which time frame shall be the fiscal year for each regional planning board advisory council. (g) Each member of the regional planning board advisory council may, upon approval of the regional coordinator department, receive reimbursement for actual expenses incurred in carrying out the duties of such office in conformance with rates and allowances set for state employees by the Office of Planning and Budget and the same mileage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier. (h) Each regional planning board advisory council which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six members, notwithstanding the provisions of subsection (b) of this Code section, which members shall in all other respects be appointed as provided in this Code section."
SECTION 4. Said title is further amended by revising Code Section 37-2-5.1, relating to regional planning boards, regional coordinator, staff and personnel and allocation of funds, as follows:
"37-2-5.1. (a) Each region shall be served by a regional coordinator who shall be duly qualified and appointed by the commissioner. The regional coordinator shall serve as the supervisor of the regional office, which shall be a unit of the department. The regional coordinator shall serve at the pleasure of the commissioner. The commissioner shall be authorized to appoint an interim regional coordinator at any time that the position of regional coordinator is vacant and prior to the appointment of a duly qualified and approved successor. (b) The regional coordinator may appoint such other staff including a regional services administrator and personnel to work for the regional office as the department deems necessary and appropriate. The regional coordinator and such staff and personnel shall be employees of the department. Expenses for the regional office and planning board, the employment of the regional coordinator, other staff and personnel, and the operation of the regional office shall be funded by the department as funds are appropriated by the General Assembly. The department shall impose limits on the administrative and operating expenditures of the regional office and planning board. (c)(1)(a) State, federal, and other funds appropriated to the department and available for the purpose of funding the planning and delivery of disability services shall be distributed in accordance with this subsection. All funds associated with services to
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clients residing within a given region shall be managed through the department; the term 'all funds' shall include funding for hospitals, community service boards, private and public contracts, and any contracts relating to service delivery for clients within the given region. The department shall establish a funding amount for regions conditioned upon the amount of funds appropriated. The funding amount shall be determined, in part, based on consumer service needs, service and program history, population based funding needs, infrastructure mandates, program efficiency and effectiveness, geographic distances, and other factors affecting the cost and level of service needs within each region. (2)(b) The department shall establish guidelines to ensure that regions receive such funding based on client population, past and future service delivery needs and capabilities, and in consideration of special needs populations, such as homeless and transient populations. The department shall ensure that funds are managed based primarily on services to clients and in compliance with all federal, state, and regulatory requirements. (3)(c) The department, in compliance with the provisions of the General Appropriations Act and other applicable laws, is authorized to move funds to and between community and institutional programs based on need, and the department shall develop appropriate allocation and accounting mechanisms to move funds in a planned and rational manner between hospitals, community service boards, and other providers based on client needs and utilization."
SECTION 5. Said title is further amended by revising Code Section 37-2-5.2, relating to regional planning boards, duties and functions, power to contract, delegation of powers and duties, and books of accounts, as follows:
"37-2-5.2. Under the supervision of the department, each regional local office shall have the following duties and functions:
(1) To prepare, in consultation with consumers and families, community programs, hospitals, other public and private providers, its regional planning board, and appropriate advisory and advocacy groups, an annual plan identifying the needs and priorities for disability services in the region. The plan shall be submitted to the department at a time and in the manner specified by the department so as to ensure that the plan informs the annual appropriations request; (2) To provide, as funds become available, for consumer assessment and service authorization and coordination for each consumer receiving services within the region; (3) To exercise responsibility and authority as specified in this chapter within the region in all matters relating to the funding and delivery of disability services; (4)(1) To receive and administer grants, gifts, moneys, and donations for purposes pertaining to mental health, developmental disability, and addictive disease services;
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(5) To enter into contracts on behalf of the department with any hospital, community service board, or other public or private providers without regard to regional or state boundaries for the provision of disability services, and to enter into all contracts on behalf of the department necessary or incidental to the performance of duties and functions of the department and regional office; (6)(2) To encourage the development, in cooperation with the department, of private and public providers of programs and disability services which respond to the needs of consumers and families of consumers within the region; (7)(3) To serve as the representative of the citizens of the area in regard to disability services; (8)(4) To receive and consider complaints and grievances submitted by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, to seek resolution in coordination with the department, through processes which may include impartial mediation and alternative dispute resolution, of such complaints and grievances with the appropriate hospital, community service board, or other private or public provider of service; (9)(5) To assure the highest achievable level of public awareness and understanding of both available and needed disability services; (10)(6) To visit regularly disability services facilities and programs which serve the region in order to assure contracted providers are licensed and accredited by the designated agencies prescribed by the department, and in order to evaluate the effectiveness and appropriateness of the services, as such services relate to the health, safety, and welfare of service recipients, and to provide technical assistance to programs in delivering services; and (11)(7) To participate with other regional local offices and planning boards, the department, local, state, or federal government agencies, educational institutions, and public and private organizations in the coordination of planning, research, service development, and evaluation activities:
(A) To work cooperatively with all units of county and local government, including the county boards of health, within the region; and (B) To establish goals and objectives, not inconsistent with those established by the department, for its region.; and (C) To participate in the establishment and operation of a data base and network, coordinated by the department, to serve as a comprehensive management information system for disability services and programs. (b) It is the express intent of this chapter to confer upon the regional offices as the administrative entities of the department the flexibility, responsibility, and authority necessary to enter into contracts on behalf of the department with a wide range of public and private providers to ensure that consumers are afforded cost-effective, locally based, and quality disability services. Under the supervision of the department, regional offices are specifically authorized to enter into contracts on behalf of the department directly with any county governing authority, any disability services organization created or designated by such county governing authority, any county
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board of health, any private or public provider, or any hospital for the provision of disability services. (c) Each regional office shall account for all funds received, expended, and administered and shall make reports to the department regarding the funds received from the department. The audit of such activity shall be part of the annual audit of the department."
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 Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye
Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs
Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows E Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A
Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
WEDNESDAY, MARCH 11, 2015
2147
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 566. By Representatives Nix of the 69th, Rynders of the 152nd, Holmes of the 129th and Stephens of the 165th:
A BILL to be entitled an Act to amend an Act to provide for the composition and number of state house districts, approved August 24, 2011 (Ga. L. 2011, Ex. Sess., p. 3), as amended, particularly by an Act approved February 23, 2012 (Ga. L. 2012, p. 21), so as to revise the boundaries of certain state house districts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act to provide for the composition and number of state house districts, approved August 24, 2011 (Ga. L. 2011, Ex. Sess., p. 3), as amended, particularly by an Act approved February 23, 2012 (Ga. L. 2012, p. 21), so as to revise the boundaries of certain state house districts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to provide for the composition and number of state house districts, approved August 24, 2011 (Ga. L. 2011, Ex. Sess., p. 3), as amended, particularly by an Act approved February 23, 2012 (Ga. L. 2012, p. 21), is amended by amending the plan attached thereto and identified as "Plan: HSEPROP1 Plan Type: HOUSE Administrator: H167 User: STAFF" by revising the description of Districts 27, 30, 53, 55, 59, 60, 73, 104, 105, 109, 110, 111, 130, 165, 166, 176, and 177 as follows:
"District 027 Hall County VTD: 139015 - TADMORE 000102: 2059 2060 000701: 1000 1001 1002 1003 1004 1013 1014 1015 1016 1017 1018 1019 1020
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000702: 1004 1009 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 001202: 1000 1001 1002 1003 1004 1005 1023 1029 1035 VTD: 139016 - GLADE VTD: 139017 - LULA VTD: 139018 - CLERMONT VTD: 139019 - QUILLIANS VTD: 139020 - BARK CAMP VTD: 139021 - MURRAYVILLE VTD: 139022 - CHESTATEE VTD: 139023 - FORK VTD: 139024 - WHELCHEL VTD: 139028 - GAINESVILLE III 000400: 1035 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2023 2024 2028 2036 2037 2038 2039 2040 2041 001004: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1018 1019 1020 1025 1030 1031 1032 1034 1035 VTD: 139034 - GILLSVILLE VTD: 139035 - BIG HICKORY White County VTD: 311081 - SHOAL CREEK 950201: 1027 1051 1059 1060 1061 1062 1063 1064 1065 1067 1069 1070 1071 1072 1073 3048 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3094"
"District 030 Hall County VTD: 139002 - WILSON II 001002: 2017 2018 2019 2020 2021 2022 2023 2024 2025 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 VTD: 139003 - CHICOPEE 001102: 1031 1032 1035 1036 1038 1057 001301:
WEDNESDAY, MARCH 11, 2015
3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3058 3059 3062 3071 3072 3073 3089 3090 3091 3092 3093 3094 001403: 2000 VTD: 139004 - OAKWOOD I VTD: 139005 - OAKWOOD II VTD: 139006 - OAKWOOD III VTD: 139007 - FLOWERY BRANCH VTD: 139008 - FLOWERY BRANCH VTD: 139009 - ROBERTS 001502: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 2008 2009 2010 2011 2012 2013 2014 2025 2026 2033 2039 001607: 1003 1004 1005 1006 1007 1008 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1028 2006 2007 2009 2011 2012 2013 2014 2015 2016 2017 2018 2022 2023 2027 2028 2029 2030 2031 2032 2033 2035 2043 2047 VTD: 139011 - MORGAN II VTD: 139012 - MORGAN III VTD: 139013 - CANDLER VTD: 139014 - AGRICULTURE CENTER VTD: 139015 - TADMORE 000701: 1021 2035 2036 2037 2048 2049 2050 000702: 1000 1001 1002 1003 1005 1006 1007 1008 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1024 1025 2000 001201: 3061 001202: 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1024 1025 1026 1027 1028 1030 1031
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1032 1033 1034 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2038 VTD: 139032 - GAINESVILLE MILL VTD: 139038 - FRIENDSHIP III"
"District 053 Cobb County VTD: 067NJ01 - NICKAJACK 01 031205: 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 031206: 2000 2001 2002 2003 2004 2014 3014 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3034 3035 3036 3037 3044 3045 3068 3069 3070 3071 3072 3073 3075 3076 3078 3079 3080 3081 3082 3083 3084 3090 3097 3098 3099 VTD: 067OK01 - OAKDALE 01 031206: 1074 1075 1099 1100 3056 3057 3059 3060 3062 3063 3093 3094 3095 3096 VTD: 067SN7B - SMYRNA 7B 031206: 1030 1031 1032 1033 1034 1035 1062 1071 1072 1073 1076 1077 1078 1079 1083 1084 1085 1086 1087 1088 1089 1090 1091 1093 1094 1095 1096 2005 2006 2007 2008 2009 2010 2011 2015 3043 3046 3047 3048 3054 3055 3058 3061 3064 3065 3066 3067 3074 3077 3085 3086 3087 3088 3089 3091 3092 3100 3101 VTD: 067VG02 - VININGS 02 031205: 3017 VTD: 067VG03 - VININGS 03 Fulton County VTD: 12108E - 08E VTD: 12108F - 08F 008904: 3004 3005 3006 009700: 3006 VTD: 12109A - 09A VTD: 12109B - 09B VTD: 12109C - 09C
WEDNESDAY, MARCH 11, 2015
VTD: 12109D - 09D VTD: 12109E - 09E VTD: 12109F - 09F VTD: 12109K - 09K VTD: 12109L - 09L VTD: 12109M - 09M VTD: 12109N - 09N VTD: 12110D - 10D VTD: 12110E - 10E VTD: 12110F - 10F VTD: 12110H - 10H 008201: 1028 1029 1030 1031 1032 1033 1034 1035 1037 VTD: 12110P - 10P VTD: 12110R - 10R"
"District 055 Fulton County VTD: 12103H - 03H VTD: 12103M - 03M VTD: 12103R - 03R VTD: 12103S - 03S VTD: 12106L - 06L 000500: 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 VTD: 12107J - 07J VTD: 12107K1 - 07K1 VTD: 12108K - 08K VTD: 12108L - 08L VTD: 12108P - 08P VTD: 12109G - 09G VTD: 12110H - 10H 008102: 3000 3011 3012 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 008201: 1036 VTD: 12110L - 10L VTD: 12111A1 - 11A1 VTD: 12111A3 - 11A3
2151
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JOURNAL OF THE HOUSE
VTD: 12111B1 - 11B1 VTD: 12111B2 - 11B2 VTD: 12111C - 11C VTD: 12111E2 - 11E2 007706: 1010 1014 1015 1020 1021 1022 1023 1024 1025 3004 3005 3006 3009 VTD: 12111M - 11M VTD: 12111N - 11N VTD: 12111P - 11P VTD: 121SC02 - SC02 VTD: 121SC30 - SC30"
"District 059 Fulton County VTD: 12101A - 01A VTD: 12101B - 01B VTD: 12101C - 01C VTD: 12101E - 01E VTD: 12101G - 01G VTD: 12101J - 01J VTD: 12101P1 - 01P1 VTD: 12101P2 - 01P2 VTD: 12101R - 01R VTD: 12101T - 01T VTD: 12102E - 02E VTD: 12102F1 - 02F1 VTD: 12102G - 02G 003000: 2024 003100: 2002 003200: 1002 VTD: 12105A - 05A 003100: 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 2001 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 003200: 1000 1001 005200:
WEDNESDAY, MARCH 11, 2015
3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3025 3026 3027 3028 3029 VTD: 12112E1 - 12E1 VTD: 12112F - 12F VTD: 12112G - 12G VTD: 12112H - 12H 007400: 1009 1010 1011 1012 1015 1016 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1031 1032 VTD: 121EP04 - EP04 011100: 1000 1001 1002 1003 1014 1015 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2021 2022 2023 2024 2025 2026 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 VTD: 121EP05A - EP05A 011000: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2016 2017 2018 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 011100: 2019 2020 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 012300: 3000 3001 3002 3003 3004 3005 3006 3014 3018 3023 VTD: 121HP01 - HP01
District 060 Clayton County VTD: 063FP1 - FOREST PARK 1 VTD: 063FP2 - FOREST PARK 2 VTD: 063OAK1 - OAK 1 VTD: 063OAK2 - OAK 2 Fulton County VTD: 12101S - 01S VTD: 12111J - 11J
2153
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JOURNAL OF THE HOUSE
VTD: 12112D - 12D VTD: 12112E2 - 12E2 VTD: 12112H - 12H 007001: 1013 1014 1024 1025 1026 1031 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 3011 3012 007300: 1000 1001 1002 1003 1004 1005 1017 VTD: 12112J - 12J VTD: 12112M - 12M VTD: 12112T - 12T VTD: 121CP01B - CP01B VTD: 121CP02A - CP02A VTD: 121CP02B - CP02B VTD: 121CP04 - CP04 VTD: 121EP01 - EP01 VTD: 121EP03 - EP03 VTD: 121EP04 - EP04 011100: 1004 1005 1007 1008 1009 1010 1011 1012 1013 1016 011201: 3020 3021 3022 3026 3027 3030 3031 VTD: 121EP05A - EP05A 010800: 3079 3080 3081 3082 012300: 1000 2000 3007 3008 3009 3010 3011 3012 3013 3015 3016 3017 3019 3020 3021 3022 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3048 3050 3051 3052 3053 3054 3055 3056 3057 3059 VTD: 121EP05B - EP05B VTD: 121EP06 - EP06 VTD: 121EP07 - EP07 VTD: 121EP09 - EP09"
"District 073 Fayette County VTD: 11315 - WOOLSEY VTD: 11325 - HARPS CROSSING VTD: 11330 - MURPHY VTD: 11336 - ANTIOCH Henry County
WEDNESDAY, MARCH 11, 2015
VTD: 15130 - SOUTH HAMPTON VTD: 15131 - NORTH HAMPTON VTD: 15132 - MOUNT CARMEL 070305: 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1043 1044 1045 1046 1047 Spalding County VTD: 25505 - 05 GA EXP STATION 160500: 1014 1018 1037 1038 1039 1045 2014 2015 2016 2017 2018 2019 2022 2023 2024 2025 2026 VTD: 25508 - 08 BOY SCOUTS VTD: 25510 - 10 CARVER VTD: 25512 - 12 LIBERTY VTD: 25513 - 13 COUNTY LINE VTD: 25514 - 14 SUNNYSIDE VTD: 25515 - 15 BLALOCK VTD: 25516 - 16 GARY REID VTD: 25518 - 18 COMMUNITY VTD: 25519 - 19 FIRST ASSEMBLY 160100: 2024 2025 2026 2027 160500: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2033 2036 2054 2061 160600: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2097 2098 2099 2100 2111 2112 2115"
"District 104 Gwinnett County VTD: 135001 - HARBINS A 050608: 1011 1012 1016 1025 1026 1027 1028 1029 1030 1031 1032 1033 1035 1036 1037 1038 1039 1040 1041 1042 1064 1066 1067 1069 1070 1071 1072 1076 1077 1079 VTD: 135003 - DACULA
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JOURNAL OF THE HOUSE
VTD: 135008 - DUNCANS A VTD: 135027 - HOG MOUNTAIN B 050548: 1000 1001 1002 1003 1004 1005 1006 1020 1021 1024 1038 1047 050607: 1033 1051 1052 1053 1054 1055 2019 2020 2021 050608: 3037 3038 3039 3040 VTD: 135028 - ROCKYCREEK A VTD: 135060 - LAWRENCEVILLE D 050520: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2015 3000 3010 050523: 1001 1005 050545: 3016 3017 3018 3019 3020 3028 3029 050548: 1023 1030 1031 1036 1037 1039 1040 1045 1046 1048 1049 1050 1051 1052 VTD: 135129 - DUNCANS B VTD: 135133 - HARBINS B VTD: 135144 - LAWRENCEVILLE M 050545: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 2000 2001 2002 2003 2005 2006 2007 2008 2009 2010 2011 2012 2015 2016 2017 3000 3001 3021 3022 3023 VTD: 135152 - ROCKYCREEK C VTD: 135157 - DUNCANS C
District 105 Gwinnett County VTD: 135001 - HARBINS A 050608: 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2036 2037 2038 2039 2040 2041 2056 2057 2058 2059 VTD: 135060 - LAWRENCEVILLE D 050520: 2014 2016 3001 3002 3003 3004 3005 3006 3007 3008 3009 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 050523:
WEDNESDAY, MARCH 11, 2015
1003 1004 1015 1016 1017 1018 1019 1020 1031 1032 050545: 3015 3024 3025 3026 3027 3037 3038 3039 3040 3041 3042 050546: 2019 2020 2021 2022 2023 2024 VTD: 135071 - LAWRENCEVILLE F VTD: 135080 - BAYCREEK C VTD: 135091 - BAYCREEK D VTD: 135134 - BAYCREEK F VTD: 135144 - LAWRENCEVILLE M 050545: 1017 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3030 3031 3032 3033 3034 3035 3036 3043 050546: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2018 VTD: 135146 - BAYCREEK H 050726: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2025 050727: 2018 2019 2020 VTD: 135147 - BAYCREEK I VTD: 135151 - HARBINS C VTD: 135161 - BAYCREEK K"
"District 109 Henry County VTD: 15136 - MCMULLEN VTD: 15137 - EAST LAKE VTD: 15138 - HICKORY FLAT 070205: 1000 1001 1002 3000 3001 3002 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 VTD: 15139 - STOCKBRIDGE EAST 070114: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1022 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1044 1048 1049 1050 1053 1054 1055 1056 1057 1058 1062 1067 VTD: 15140 - STOCKBRIDGE WEST
2157
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JOURNAL OF THE HOUSE
VTD: 15141 - STAGECOACH VTD: 15153 - FLIPPEN 070114: 1039 1040 1041 1042 1043 1045 1046 1047 1052 1059 1060 1064 1065 1066 2029 2030 070205: 3009 3010 3011 3013 3014 3015 070309: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1037 VTD: 15155 - KELLEYTOWN VTD: 15158 - MT. BETHEL VTD: 15160 - LAKE HAVEN VTD: 15161 - MCDONOUGH CENTER 070304: 1039 1047 070307: 1002 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1044 1052 1053 1054 1055 1056 1057 1058 1062 070310: 2004 2005 2006 2007 2008 2009 2010 2011 2013 2014 2015 2016 2017 2039 2040 VTD: 15162 - TIMBERRIDGE Newton County VTD: 21710 - DOWNS 100901: 1040 1041 1042 1048 1049 1050 1054 2017 2018 2019 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 100903: 2018 2019 2020 2021 2022 2023 Rockdale County VTD: 247BA - BARKSDALE VTD: 247MA - MAGNET 060407: 2004 2005 2006 2007 2008 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011
District 110 Butts County VTD: 035JENK - JENKINSBURG VTD: 035STARK - STARK
WEDNESDAY, MARCH 11, 2015
VTD: 035WORTH - WORTHVILLE Henry County VTD: 15126 - TUSSAHAW 070402: 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2026 2029 2030 2031 2037 3008 3009 3010 3011 3012 3013 3014 3015 3018 3020 070403: 3000 3002 VTD: 15127 - SANDY RIDGE VTD: 15128 - WESTSIDE VTD: 15149 - SHILOH VTD: 15152 - LAKE DOW Newton County VTD: 21706 - BREWERS 100800: 1008 1016 1028 1029 1030 1031 1032 1042 1043 1044 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1116 2065 VTD: 21709 - LIVINGSTON 100901: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1018 1019 1020 1021 1051 1052 1053 VTD: 21710 - DOWNS 100901: 1016 1017 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1043 1044 1045 1046 1047 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2020 2021 3000 3001 VTD: 21718 - ROCKY PLAINS
District 111 Henry County VTD: 15126 - TUSSAHAW 070402: 2027 2028 2035 2036 070403: 1001 1002 1006 2000 2001 2002 2003 2004 2005 VTD: 15129 - LOWES VTD: 15132 - MOUNT CARMEL 070305:
2159
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JOURNAL OF THE HOUSE
1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1035 1036 1037 1038 1039 1040 1041 1042 VTD: 15134 - WESLEY LAKES VTD: 15135 - MCDONOUGH VTD: 15138 - HICKORY FLAT 070309: 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1032 1033 1034 1035 1036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2055 VTD: 15148 - UNITY GROVE VTD: 15150 - PATES CREEK VTD: 15151 - OAKLAND VTD: 15153 - FLIPPEN 070114: 1061 070309: 1010 1011 1012 1013 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 2050 2051 2052 2053 2054 VTD: 15157 - DUTCHTOWN VTD: 15159 - GROVE PARK VTD: 15161 - MCDONOUGH CENTER 070304: 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1071 070307: 1028 1029 1030 1031 1032 1033 1034 1048 1049 1060 1061 070310: 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2032 2041 2042 2043 2044 2047 2048 2049 070311: 3000"
"District 130 Henry County VTD: 15125 - LOCUST GROVE Lamar County VTD: 1711712A - CHAPPELL MILL VTD: 1711712B - SENIOR CITIZEN VTD: 1711714 - MILNER Spalding County
WEDNESDAY, MARCH 11, 2015
VTD: 25501 - 01 RESA ACADEMY VTD: 25502 - 02 FAIRMONT VTD: 25503 - 03 LIBRARY VTD: 25504 - 04 THIRD WARD VTD: 25505 - 05 GA EXP STATION 160400: 1012 1025 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 2040 2041 2042 2043 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2060 2061 2062 2063 2064 2065 5030 160500: 2020 2027 2028 2032 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2062 2063 2064 2065 2066 2067 2068 2069 2071 2073 2074 2075 2091 2092 160700: 1000 1005 3006 3011 3012 3020 3023 3024 3025 3027 3028 3029 3030 3031 3033 3034 3036 3038 3039 3041 3042 160800: 3000 3001 3002 3003 3005 3007 3057 VTD: 25506 - 06 CITY PARK VTD: 25507 - 07 FIRST METHODIST VTD: 25509 - 09 CABIN VTD: 25511 - 11 FIRST PRESBYTERIAN VTD: 25517 - 17 AMBUCS VTD: 25519 - 19 FIRST ASSEMBLY 160500: 2021 2029 2030 2031 2034 2035 2070 2072 2082 160700: 3004 3005 3007 3008 3013 VTD: 25520 - 20 ROBERTS VTD: 25521 - 21 SUN CITY"
"District 165 Chatham County VTD: 0511-14 VTD: 0511-16 VTD: 0512-11 VTD: 0512-4 VTD: 0512-6 VTD: 0512-7 VTD: 0512-9
2161
2162
JOURNAL OF THE HOUSE
VTD: 0513-1 VTD: 0513-10 VTD: 0513-11 VTD: 0513-12 VTD: 0513-13 VTD: 0513-14 VTD: 0513-15 VTD: 0513-3 VTD: 0513-4 VTD: 0513-5 VTD: 0513-8 VTD: 0513-9 VTD: 0516-2 004209: 1018 1019 3003 3004 3005 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 011500: 1000 1001 1002 1003 1011 1014 VTD: 0516-5 VTD: 0516-9 004212: 1000 1001 1002 1003 1004 1005 1006 1007 1018 2000 2001 2002 2003 2004 2006 2010 2011 2012 2013 2014 2016 3000 3001
District 166 Bryan County VTD: 0298 - HWY 144 EAST VTD: 0299 - KELLER Chatham County VTD: 0511-10 VTD: 0511-12 VTD: 0511-17 VTD: 0514-10 VTD: 0514-11 VTD: 0514-12 VTD: 0514-13 VTD: 0514-14 VTD: 0514-15 VTD: 0514-2 VTD: 0514-4 VTD: 0514-5 VTD: 0514-6 VTD: 0514-7
WEDNESDAY, MARCH 11, 2015
VTD: 0514-8 VTD: 0516-10 010901: 3021 3022 011500: 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1151 1152 1153 1156 1157 1161 1162 1164 990000: 0013 0014 0015 VTD: 0516-2 011500: 1004 1005 1006 1007 1008 1009 1010 1012 1013 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1154 1155 1158 1159 1160 1163 2001 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2017 2018 VTD: 0516-3 VTD: 0516-9 004212: 1010 1011 1012 1013 1014 1015 1017 1019 2005 2007 2008 2009 2015 2017 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 010901: 3007 3008 3009 3010 3011 3012 3013 3020 VTD: 051XFTPU - FORT PULASKI PREC"
"District 176 Atkinson County Lanier County Lowndes County VTD: 18503 - HAHIRA UNITED METHODIST VTD: 18504 - MT OLIVE CHURCH VTD: 18507 - PINE GROVE CHURCH VTD: 18508 - WATER TMT PLANT 010102: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
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1024 1025 1026 1027 1028 1029 1030 1031 1034 1035 1036 1037 1038 1039 1040 1041 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 4015 4016 4018 4019 4020 4021 4022 4023 4024 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 010604: 2007 2008 2016 VTD: 18513 - JAYCEE PARK ACT 010102: 1032 1033 010604: 2000 2001 2002 2003 2004 2005 2006 2009 2010 2011 2012 2013 2014 2015 2029 2030 2031 2032 2033 2034 2041 2043 2044 2045 2046 2047 2048 2049 2050 2051 2058 VTD: 18514 - NAYLOR CITY HALL VTD: 18515 - SENIOR CITIZENS 010700: 2025 2026 2027 2028 2029 2030 2031 2032 2033 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2063 2064 2065 2068 2069 2070 2077 2083 2089 3007 3008 Ware County VTD: 299100 - DISTRICT 1 950300: 3002 3003 3006 3007 3008 3009 3010 3011 3014 3015 3016 3017 3018 3019 3020 3021 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3067 3068 3070 3071 3072 950400: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1024 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1059 2000 2001 2010 2013 2014 2016 2021 2022 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058
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950500: 2025 2026 3004 3007 3008 3009 3037 3040 3041 3045 3046 3049 3050 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 5001 5003 5004 5005 5006 5007 5008 5010 5011 5012 5013 5014 5037 VTD: 299300 - 1231-150B VTD: 299404 - BEACH-BICKLEY VTD: 299405 - HAYWOOD VTD: 299406 - JAMESTOWN VTD: 299408 - MILLWOOD VTD: 299409 - WARESBORO
District 177 Lowndes County VTD: 18508 - WATER TMT PLANT 010102: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 010604: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3023 3024 3025 3026 3027 3028 3036 3044 VTD: 18509 - TRINITY PRESBYTARIAN 010301: 1026 1027 VTD: 18510 - MT ZION A.M.E. VTD: 18513 - JAYCEE PARK ACT 010402: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 010601: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 010604: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1013 1014 1015 1016 1017 1023 2017 2018 2019 2020 2021 2022 2023 2024 2025 2035 2036 2037 2038 2039 2040 2042 2057 3016 3017 3018 3019 3020 3021 3022 3029 3030 3031 3032 3033 3034 3035 3037 3038 3039 3040 3041 3042 3043 VTD: 18515 - SENIOR CITIZENS 010500: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
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2012 2013 010604: 1010 1011 1012 1018 1019 1020 1021 1022 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1039 1041 1042 1043 1044 1045 010700: 2059 2060 2061 2062 2066 2067 2071 2072 2073 2074 2085 2086 010800: 3000 3001 3002 3003 3004 3005 3006 3012 3013 3015 3016 3017 3018 3019 3020 3021 3022 3023 3032 3033 3036 3037 3089 011000: 1000 1001 1002 2000 2001 2002 2003 2004 2005 2006 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2027 2028 2029 2030 2031 2034 2035 2036 2041 2042 2048 2049 2050 2051 VTD: 18517 - MATHIS AUDITORIUM VTD: 18518 - ABUNDANT LIFE CHURCH VTD: 18521 - MESSIAH LUTHERAN VTD: 18522 - FIRST CHRISTIAN VTD: 18523 - GARDEN CENTER VTD: 18524 - RAINWATER CONFERENCE CENTER 010201: 2060 2061 011401: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1038 1039 1040 1042 1043 1044 1045 2012 2013 2014 2015 2016 2017 2020 2021 2022 2023 2025 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 VTD: 18525 - AZALEA CITY CHURCH VTD: 18526 - REMERTON CITY HALL VTD: 18527 - CRAIG RECREATION VTD: 18530 - SOUTHSIDE REC C VTD: 18531 - LOMAX PINEVALE VTD: 18532 - MILDRED HUNTER VTD: 18533 - AIRPORT CHURCH"
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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
Ealum E Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Gardner Y Gasaway Y Geisinger E Glanton
Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows E Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C
Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 288. By Representatives Dempsey of the 13th, Tanner of the 9th, Epps of the 144th, Gardner of the 57th, Reeves of the 34th and others:
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A BILL to be entitled an Act to amend Code Section 37-2-4 of the Official Code of Georgia Annotated, relating to the Behavioral Health Coordinating Council, membership, meetings and obligations, so as to provide for two additional members to serve on the behavioral health coordinating council; 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 37-2-4 of the Official Code of Georgia Annotated, relating to the Behavioral Health Coordinating Council, membership, meetings and obligations, so as to provide for two additional members to serve on the behavioral health coordinating council; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 37-2-4 of the Official Code of Georgia Annotated, relating to the Behavioral Health Coordinating Council, is amended by revising subsection (a) as follows:
"(a) There is created the Behavioral Health Coordinating Council. The council shall consist of the commissioner of behavioral health and developmental disabilities; the commissioner of community health; the commissioner of public health; the commissioner of human services; the commissioner of juvenile justice; the commissioner of corrections; the commissioner of community affairs; the Commissioner of Labor; the State School Superintendent; the chairperson of the State Board of Pardons and Paroles; two members, appointed by the Governor; the ombudsman appointed pursuant to Code Section 37-2-32; an adult consumer of public behavioral health services, appointed by the Governor; a family member of a consumer of public behavioral health services, appointed by the Governor; a parent of a child receiving public behavioral health services, appointed by the Governor; a member of the House of Representatives, appointed by the Speaker of the House of Representatives; and a member of the Senate, appointed by the Lieutenant Governor."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
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On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick
Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum E Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows E Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 N Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 263. By Representatives Coomer of the 14th, Nimmer of the 178th, Dickey of the 140th, Rogers of the 10th, Golick of the 40th and others:
A BILL to be entitled an Act to amend Chapter 6A of Title 35, Chapter 11 of Title 15, and Title 49 of the O.C.G.A., relating to the Criminal Justice Coordinating Council, the Juvenile Code, and social services, respectively, so
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as to provide for an advisory board to the council for juvenile justice issues; to amend Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, so as to remove the responsibility and duties of the Department of Human Resources for such shelters and require the Criminal Justice Coordinating Council to have such responsibility and duties; 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 6A of Title 35, Chapter 11 of Title 15, Article 2 of Chapter 13 of Title 19, and Title 49 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, the Juvenile Code, family violence shelters, and social services, respectively, so as to allow the Criminal Justice Coordinating Council to receive and distribute federal Department of Justice grants; to provide for an advisory board to the council for juvenile justice issues; to provide for the membership of the board; to provide for the board's duties; to provide that certain entities and agencies share information with the council; to remove the responsibility and duties of the Department of Human Resources for such shelters and require the Criminal Justice Coordinating Council to have such responsibility and duties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, is amended by revising Code Section 35-6A-7, relating to the functions and the authority of the council, as follows:
"35-6A-7. The council is vested with the following functions and authority:
(1) To cooperate with and secure cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this chapter; (2) To prepare, publish in print or electronically, and disseminate fundamental criminal justice information of a descriptive and analytical nature to all components of the criminal justice system of this state, including law enforcement agencies, the courts, juvenile justice agencies, and correctional agencies; (3) To serve as the state-wide clearing-house for criminal justice information and research;
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(4) To maintain a research program in order to identify and define significant criminal justice problems and issues and effective solutions and to publish in print or electronically special reports as needed; (5) In coordination and cooperation with all components of the criminal justice system of this state, to develop criminal justice legislative proposals and executive policy proposals reflective of the priorities of the entire criminal justice system of this state; (6) To serve in an advisory capacity to the Governor on issues impacting the criminal justice system of this state; (7) To coordinate high visibility criminal justice research projects and studies with a state-wide impact, which studies and projects cross traditional system component lines; (8) To convene periodically state-wide criminal justice conferences involving key executives in the criminal justice system of this state and elected officials for the purpose of developing, prioritizing, and publicizing a policy agenda for the criminal justice system of this state; (9) To provide for the interaction, communication, and coordination of all components of the criminal justice system of this state for the purpose of improving this state's response to crime and its effects; (10) To administer gifts, grants, and donations for the purpose of carrying out this chapter; (11) To promulgate rules governing the approval of victim assistance programs as provided for in Article 8 of Chapter 21 of Title 15; and (12) To supervise the preparation, administration, and implementation of the threeyear juvenile justice plan as provided by this chapter; and (12)(13) To 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 2. Said chapter is further amended by adding two new Code sections to read as follows:
"35-6A-11. (a) There is established an advisory board to the council which shall consist of at least 15 and not more than 33 members appointed by the Governor who have training, experience, or special knowledge concerning the prevention and treatment of juvenile delinquency, the administration of juvenile justice, or the reduction of juvenile delinquency and shall be composed of:
(1) At least three members of the council, two of whom are not full-time government employees or elected officials; (2) At least one locally elected official representing general purpose local government; (3) Representatives of law enforcement and juvenile justice agencies, including juvenile and family court judges, prosecuting attorneys, attorneys for children and youth, and probation workers;
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(4) Representatives of public agencies concerned with delinquency prevention or treatment, such as welfare, social services, mental health, education, special education, recreation, and youth services; (5) Representatives of private nonprofit organizations, including individuals with a special focus on preserving and strengthening families, parent groups and parent selfhelp groups, youth development, delinquency prevention and treatment, neglected or dependent children, the quality of juvenile justice, education, and social services for children; (6) Volunteers who work with delinquent children or potential delinquent children; (7) Youth workers involved with programs that are alternatives to incarceration, including programs providing organized recreation activities; (8) Individuals with special experience and competence in addressing problems related to school violence and vandalism and alternatives to suspension and expulsion; and (9) Individuals with special experience and competence in addressing problems related to learning disabilities, emotional difficulties, child abuse and neglect, and youth violence. (b)(1) A majority of the members of the advisory board, including the chairperson, shall not be full-time employees of the federal, state, or local government. (2) At least one-fifth of the members of the advisory board shall be under 24 years of age at the time of their appointment. (3) At least three members shall have been or shall currently be under the jurisdiction of the juvenile justice system of this state. (c) Membership on the advisory board shall not constitute public office and no member shall be disqualified from holding public office by reason of his or her membership. (d) The advisory board shall elect a chairperson from among its membership who must also be a member of the council. The advisory board may elect such other officers and committees as it considers appropriate. (e) Members of the advisory board shall serve without compensation, although each member of the advisory board shall be reimbursed for actual expenses incurred in the performance of his or her duties from funds available to the office. Such reimbursement shall be limited to all travel and other expenses necessarily incurred through service on the advisory board, in compliance with this state's travel rules and regulations. However, in no case shall a member of the advisory board be reimbursed for expenses incurred in the member's capacity as the representative of another state agency.
35-6A-12. The advisory board shall:
(1) Meet at such times and places as it shall determine necessary or convenient to perform its duties. The advisory board shall also meet on the call of the chairperson, the director of the council, the chairperson of the council, or the Governor; (2) Maintain minutes of its meetings;
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(3) Participate in the development and review of this state's juvenile justice plan prior to submission to the council for final action; (4) Be afforded the opportunity to review and comment, not later than 30 days after their submission to the advisory board, on all juvenile justice and delinquency prevention grant applications submitted to the council; (5) Using the combined expertise and experience of its members, provide regular advice and counsel to the director of the council to enable the council to carry out its statutory duties under this article; and (6) Carry out such duties that may be required by federal law or regulation so as to enable this state to receive and disburse federal funds for juvenile delinquency prevention and treatment."
SECTION 3. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile Code, is amended by revising subsection (f) of Code Section 15-11-504, relating to place of detention and data on child detained, as follows:
"(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, by the Criminal Justice Coordinating Council, and by the Council of Juvenile Court Judges. Such data shall be used by the inspecting agency for official purposes and shall not be subject to release by such agency pursuant to Article 4 of Chapter 18 of Title 50, nor subject to subpoena. 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."
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SECTION 4. Said chapter is further amended by revising subsection (d) of Code Section 15-11-704, relating to public inspection of court files and records, as follows:
"(d) A judge shall permit authorized representatives of DJJ, the Governor's Office for Children and Families, the Criminal Justice Coordinating Council, 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. Such data shall be used by the inspecting agency for official purposes and shall not be subject to release by such agency pursuant to Article 4 of Chapter 18 of Title 50, nor subject to subpoena."
SECTION 5. Said chapter is further amended by revising subsection (d) of Code Section 15-11-708, relating to separation of juvenile and adult records for law enforcement, as follows:
"(d) The court shall allow authorized representatives of DJJ, the Governor's Office for Children and Families, the Criminal Justice Coordinating Council, and the Council of Juvenile Court Judges to inspect and copy law enforcement records for the purpose of obtaining statistics on children. Such data shall be used by the inspecting agency for official purposes and shall not be subject to release by such agency pursuant to Article 4 of Chapter 18 of Title 50, nor subject to subpoena."
SECTION 6. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising paragraph (3) of subsection (b) of Code Section 49-4A-2, relating to the duties and responsibilities of the Board of Juvenile Justice, as follows:
"(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, the Criminal Justice Coordinating Council, and the Council of Juvenile Court Judges and ensure that such instruments are validated at least every five years;"
SECTION 7. Said title is further amended by revising subsection (n) of Code Section 49-4A-8, relating to commitment of delinquent children and records, as follows:
"(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, the
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Criminal Justice Coordinating Council, and public and private agencies in the collection of statistics and information regarding:
(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; (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 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."
SECTION 8. Said title is further amended by revising subsection (b) of Code Section 49-5-155, relating to the effect of Article 6 on the Department of Juvenile Justice office as recipient entity for federal grants, as follows:
"(b) Other than the Department of Juvenile Justice, the Governor's Office for Children and Families created pursuant to Code Section 49-5-132 and the Criminal Justice Coordinating Council shall be the only other authorized controlling recipient entity for grants under the United States Department of Justice Juvenile Justice Delinquency and Prevention Grants."
SECTION 9. Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, is amended by revising paragraphs (1) and (5) of Code Section 19-13-20, relating to definitions, as follows:
"(1) 'Council' means the Criminal Justice Coordinating Council. 'Department' means the Department of Human Services."
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"(5) 'Family violence shelter' means a facility approved by the department council 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 15-11-504."
SECTION 10. Said article is further amended by revising Code Section 19-13-21, relating to the powers and duties of the department, as follows:
"19-13-21. (a) It shall be the duty of the department council:
(1) To establish minimum standards for an approved family violence shelter to enable such shelter to receive state funds; (2) To receive applications for the development and establishment of family violence shelters; (3) To approve or reject each application within 60 days of receipt of the application; (4) To distribute funds to an approved shelter as funds become available; (5) To fund other family violence programs as funds become available, provided that such programs meet standards established by the department council; and (6) To evaluate annually each family violence shelter for compliance with the minimum standards. (b) Without using designated shelter funds, the department council may: (1) Formulate and conduct a research and evaluation program on family violence and cooperate with and assist and participate in programs of other properly qualified agencies, including any agency of the federal government, schools of medicine, hospitals, and clinics, in planning and conducting research on the prevention of family violence and the care, treatment, and rehabilitation of persons engaged in or subject to family violence; (2) Serve as a clearing-house for information relating to family violence; (3) Carry on educational programs on family violence for the benefit of the general public, persons engaged in or subject to family violence, professional persons, or others who care for or may be engaged in the care and treatment of persons engaged in or subject to family violence; and (4) Enlist the assistance of public and voluntary health, education, welfare, and rehabilitation agencies in a concerted effort to prevent family violence and to treat persons engaged in or subject to family violence."
SECTION 11. Said article is further amended by revising Code Section 19-13-22, relating to eligibility for licensing and funding, as follows:
"19-13-22. (a) In order to be approved and funded under this article, each shelter shall:
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(1) Provide a facility which will serve as a shelter to receive or house persons who are family violence victims; (2) Receive the periodic written endorsement of local law enforcement agencies; (3) Receive a minimum of 25 percent of its funding from other sources. Contributions in kind, whether materials, commodities, transportation, office space, other types of facilities, or personal services, may be evaluated and counted as part of the required local funding; and (4) Meet the minimum standards of the department council for approving family violence shelters; provided, however, that facilities not receiving state funds shall not be required to be approved. (b) The department council shall provide procedures whereby local organizations may apply for approval and funding. Any local agency or organization may apply to participate. (c) Each approved family violence shelter shall be designated to serve as a temporary receiving facility for the admission of persons subject to family violence. Each shelter shall refer such persons and their spouses to any public or private facility, service, or program providing treatment or rehabilitation services, including, but not limited to, the prevention of such violence and the care, treatment, and rehabilitation of persons engaged in or subject to family violence. (d) Family violence shelters and family violence programs may be established throughout the state as private, local, state, or federal funds are available. Any county or municipality in this state is authorized to make grants of county or municipal funds, respectively, to any family violence center approved as such in accordance with the minimum standards of the department council. (e) The family violence shelters shall establish procedures pursuant to which persons subject to family violence may seek admission to these shelters on a voluntary basis. (f) Each family violence shelter shall have a board composed of at least three citizens, one of whom shall be a member of a local, municipal, or county law enforcement agency."
SECTION 12. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Y Meadows E Mitchell Y Morris Y Mosby Y Nimmer
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre
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Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon
Dukes E Dunahoo Y Duncan Y Ealum E Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra
Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold
Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 361. By Representatives Welch of the 110th, Coomer of the 14th, Weldon of the 3rd, Rogers of the 10th, Dickey of the 140th and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the O.C.G.A., relating to the Juvenile Code, so as to enact reforms as recommended by the Georgia Council on Criminal Justice Reform with respect to juveniles; to revise defined terms; to clarify and harmonize statutory language; to clarify transfer criteria; to amend Code Section 17-1014 of the O.C.G.A., relating to committal of person under 17 convicted of felony, so as to correct a cross-reference; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for prosecuting attorneys to be involved in and prosecute cases wherein a child is alleged to be in need of services; to provide for related matters; to provide for
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an effective date and 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 Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile Code, so as to enact reforms as recommended by the Georgia Council on Criminal Justice Reform with respect to juveniles; to revise defined terms; to clarify and harmonize statutory language; to restrict jurisdiction of the Juvenile Court for the prosecution of juvenile traffic offenses to children under 17 years of age; to clarify transfer criteria; to amend Code Section 17-10-14 of the Official Code of Georgia Annotated, relating to committal of person under 17 convicted of felony, so as to correct a cross-reference; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for prosecuting attorneys to be involved in and prosecute cases wherein a child is alleged to be in need of 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:
PART I SECTION 1-1.
Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile Code, is amended by revising paragraphs (45) and (49) of Code Section 15-11-2, relating to definitions, as follows:
"(45) 'Mediation' means the procedure proceeding in which a mediator facilitates communication between the parties concerning the matters in dispute and explores possible solutions to promote reconciliation collaboration, understanding, and settlement." "(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 that are not hardware secured."
SECTION 1-2. Said chapter is further amended by revising Code Section 15-11-10, relating to exclusive original jurisdiction, as follows:
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"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)(E) 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 either prior to such child's seventeenth birthday if the order is entered as a disposition for an adjudication for delinquency or prior to such child's eighteenth birthday if the order is entered for an adjudication for a child in need of services; (G)(F) 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)(G) Requires a comprehensive services plan in accordance with Code Section 15-11-658; or
(2) Concerning any individual under the age of 17 years alleged to have committed a juvenile traffic offense as defined in Code Section 15-11-630; or (2)(3) 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 Chapter 4B of Title 49, the Interstate Compact for 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 4 of this chapter; provided, however, that such jurisdiction shall not affect the superior court's exclusive jurisdiction to terminate the legal parent-child relationship and the rights of a biological father who is not the legal father of the child 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;
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(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 (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."
SECTION 1-3. Said chapter is further amended by revising subsection (b) of Code Section 15-11-12, relating to dual designation of children and time limitations, as follows:
"(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 5, and 7 6 of this chapter."
SECTION 1-4. Said chapter is further amended by revising paragraph (3) of subsection (a) of Code Section 15-11-16, relating to commencement of pleadings, as follows:
"(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, 5, 6, 7, 8, and 10 of this chapter."
SECTION 1-5. Said chapter is further amended by revising subsection (a) of Code Section 15-11-24, relating to termination of mediation, as follows:
"(a) Any Either party in a mediation may withdraw from or terminate further participation in mediation at any time."
SECTION 1-6. Said chapter is further amended by revising paragraph (1) of subsection (b) of Code Section 15-11-146, relating to preliminary protective hearings and findings, as follows:
"(1) On finding that the complainant has not proved either proven neither 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;"
SECTION 1-7. Said chapter is further amended by revising subparagraph (D) of paragraph (8) of Code Section 15-11-231, relating to the permanency planning report, as follows:
"(D) In the case in which DFCS has documented a compelling reason that none of the foregoing options identified in subparagraphs (A) through (C) of this paragraph 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;"
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SECTION 1-8. Said chapter is further amended by revising paragraph (4) of subsection (b) of Code Section 15-11-232, relating to permanency planning hearing and findings, as follows:
"(4) In the case in which DFCS has documented a compelling reason that none of the options identified in paragraphs (1) through (3) of this subsection 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. 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."
SECTION 1-9. Said chapter is further amended by revising subsection (a) of Code Section 15-11-243, relating to notice and permanent guardianship hearing, as follows:
"(a) Notice of a guardianship petition pursuant to this part shall be given to a parent of the child who was adjudicated as a dependent child and shall also 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."
SECTION 1-10. Said chapter is further amended by revising subsection (b) of Code Section 15-11-441, relating to an adjudication hearing, as follows:
"(b) An adjudication hearing for a child alleged to be a child in need of services shall be conducted in accordance with Title 24. (c) At the conclusion of the adjudication hearing, the court shall determine whether such child is a child in need of services."
SECTION 1-11. Said chapter is further amended by revising subsections (b) and (c) of Code Section 1511-506, relating to a detention hearing, as follows:
"(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) Notwithstanding Code Section 15-11-5, if If the detention hearing cannot be held within two business days in accordance with paragraph (1) of subsection (b) of this
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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."
SECTION 1-12. Said chapter is further amended by revising subsection (e) of Code Section 15-11-560, relating to concurrent and original jurisdiction of superior court, as follows:
"(e)(1) 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. In considering the transfer of such case, the court shall consider the criteria set forth in Code Section 1511-562. 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. (2) 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."
SECTION 1-13. Said chapter is further amended by revising subsection (c) of Code Section 15-11-561, relating to waiver of juvenile court jurisdiction and transfer to superior court, as follows:
"(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. The court shall also consider the criteria listed in subsection (a) of Code Section 15-11-562."
SECTION 1-14. Said chapter is further amended by revising subsection (a) of Code Section 15-11-562, relating to transfer criteria, as follows:
"(a) The criteria which that the juvenile court shall consider in determining whether to transfer an alleged delinquent child as set forth in subsection (b) (a) of Code Section 15-11-560 15-11-561 to superior court and the criteria that the superior court shall consider in determining whether to transfer 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 to juvenile court as set forth in subsection (e) of Code Section 15-11-560 includes, but shall not be limited to:
(1) The age of such child;
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(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 impact of the alleged offense on the alleged victim, including the permanence of any physical or emotional injury sustained, health care expenses incurred, and lost earnings suffered; (5)(6) The culpability of such child including such child's level of planning and participation in the alleged offense; (6)(7) 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)(8) 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)(9) 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)(10) The program and facilities available to the juvenile court in considering disposition; and (10)(11) Whether or not a child can benefit from the treatment or rehabilitative programs available to the juvenile court."
SECTION 1-15. Said chapter is further amended by revising Code Section 15-11-630, relating to juvenile traffic offenses, as follows:
"15-11-630. (a) As used in this Code section, the term 'child' means an individual under 17 years of age. (a)(b) 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)(c) 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 punishable by four or more points, 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.
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(c)(d) A juvenile traffic offense shall not be an act of delinquency unless the case is transferred to the delinquency calendar. (d)(e) 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)(f) 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)(g) 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)(h) In lieu of the orders provided by subsection (f) (g) 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)(i) 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
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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."
SECTION 1-16. Code Section 17-10-14 of the Official Code of Georgia Annotated, relating to committal of person under 17 convicted of felony, is amended by revising subsection (b) as follows:
"(b) If a child is transferred to superior court according to subsection (b) of pursuant to Code Section 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."
PART II SECTION 2-1.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising subsection (a) of Code Section 15-11-390, relating to filing a complaint for a child in need of services, as follows:
"(a) A complaint alleging 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. A prosecuting attorney may file a complaint alleging a child is in need of services or intervene in such matter to represent the interest of the state as parens patriae."
SECTION 2-2. Said title is further amended by revising Code Section 15-11-405, relating to termination of proceedings relating to a runaway child, as follows:
"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 or a prosecuting attorney."
SECTION 2-3. Said title is further amended by revising Code Section 15-11-420, relating to the authority to file a petition, as follows:
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"15-11-420. A petition alleging that a child is a child in need of services may be filed by a parent, a guardian, a legal custodian, 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. Such petition, or a prosecuting attorney. Except when such petition has been filed by a prosecuting attorney, it shall not be accepted for filing 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. When such petition is filed by a prosecuting attorney, the prosecuting attorney shall be authorized to conduct the proceedings on behalf of the state as parens patriae."
SECTION 2-4. Said title is further amended by revising Code Section 15-11-440, relating to the standard of proof, as follows:
"15-11-440. The petitioner, or prosecuting attorney when representing the state, has the burden of proving the allegations of a child in need of services petition by clear and convincing evidence."
SECTION 2-5. Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section 15-11-443, relating to the duration of disposition orders, as follows:
"(1) A hearing is held prior to the expiration of the order upon motion of DFCS, DJJ, the petitioner, the prosecuting attorney, or on the court's own motion;"
SECTION 2-6. Said title is further amended by revising subsection (c) of Code Section 15-11-450, relating to comprehensive services plan for child found unrestorably incompetent to proceed, as follows:
"(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) A prosecuting attorney; (3)(4) Representatives of the public and private resources to be utilized in the plan; and (4)(5) Other persons who have demonstrated an ongoing commitment to the child."
SECTION 2-7. Said title is further amended by revising subsection (e) of Code Section 15-11-451, relating to hearing on mental health plan, as follows:
"(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
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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, the prosecuting attorney, or the plan manager may set a hearing for review of the comprehensive services plan and any proposed amendments to such plan. The court may issue an appropriate order incorporating an amended plan."
SECTION 2-8. Said title is further amended by revising Code Section 15-18-6.1, relating to the representation of the state in juvenile court cases, as follows:
"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 and may represent the state as parens patraie in cases involving a child in need of services. 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 and child in need of services 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 or being a child in need of services in the juvenile court of the county in which he or she serves as parttime prosecutor nor may he or she appear in any matter in which he or she has exercised jurisdiction.
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(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 and child in need of services 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 15-185 shall apply."
PART III SECTION 3-1.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
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 E Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon
Dukes E Dunahoo Y Duncan Y Ealum E Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight
Y Meadows E Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser
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Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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.
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 422 Do Pass
Respectfully submitted, /s/ Battles of the 15th
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 540. By Representatives Dollar of the 45th, Ramsey of the 72nd, Kelley of the 16th and Petrea of the 166th:
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 clarify the number of members of the Senate Interstate Cooperation Committee and the House Committee on Interstate Cooperation; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas
Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum E Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard
Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows E Mitchell Y Morris Y Mosby
Nimmer Y Nix Y Oliver Y O'Neal
Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 154. By Representatives Weldon of the 3rd, Willard of the 51st, Reeves of the 34th, Kelley of the 16th, Oliver of the 82nd and others:
A BILL to be entitled an Act to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to the jurisdiction of magistrate courts, so as to increase the fine amount for contempt of court; to provide for related matters; to repeal conflicting laws; and for other purposes.
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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
N Abrams N Alexander N Allison N Anderson Y Atwood N Ballinger N Barr Y Battles E Beasley-Teague N Bell Y Belton N Bennett E Bentley Y Benton Y Beskin N Beverly Y Broadrick N Brockway N Brooks N Bruce Y Bryant N Buckner Y Burns Y Caldwell, J N Caldwell, M N Cantrell Y Carson N Carter N Casas Y Chandler Y Cheokas N Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Coomer Y Cooper N Corbett N Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson N Dollar N Douglas N Drenner N Dudgeon Y Dukes E Dunahoo N Duncan N Ealum E Efstration N Ehrhart N England Y Epps Y Evans Y Fleming N Floyd N Fludd N Frazier N Frye Y Gardner
Gasaway Y Geisinger E Glanton Y Golick N Gordon N Gravley Y Greene N Hamilton
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins N Henson N Hightower Y Hitchens N Holcomb Y Holmes Y Houston N Howard N Hugley N Jackson Y Jacobs N Jasperse Y Jones, J Y Jones, J.B. E Jones, L
Jones, S E Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby N Knight Y LaRiccia N Lumsden N Mabra N Marin Y Martin Y Maxwell Y Mayo N McCall N McClain
Y Meadows E Mitchell N Morris N Mosby Y Nimmer Y Nix Y Oliver Y O'Neal N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J N Prince N Pruett N Quick N Raffensperger N Rakestraw E Ramsey N Randall Y Reeves Y Rhodes N Rice Y Roberts N Rogers, C Y Rogers, T N Rutledge N Rynders N Scott Y Setzler N Sharper N Shaw Y Sims
N Smith, E N Smith, L N Smith, M Y Smith, R N Smyre N Spencer N Stephens, M Y Stephens, R N Stephenson N Stovall N Stover Y Strickland Y Tankersley N Tanner N Tarvin Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M.
Thomas, E N Trammell N Turner N Waites N Watson Y Welch Y Weldon N Werkheiser N Wilkerson Y Wilkinson Y Willard
Williams, A N Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 76, nays 90.
The Bill, having failed to receive the requisite constitutional majority, was lost.
HB 279. By Representatives Powell of the 171st, Abrams of the 89th, Fleming of the 121st, Oliver of the 82nd, Willard of the 51st and others:
A BILL to be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state
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officials and cost-of-living adjustments, so as to repeal provisions relating to the annual salaries of Supreme Court Justices, Court of Appeals Judges, superior court judges and district attorneys; to enact provisions relating to the annual salaries of Supreme Court Justices, Court of Appeals Judges, superior court judges and district attorneys; 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 15, Article 2 of Chapter 12 of Title 17, and Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to courts, public defenders, and annual salaries of certain state officials, respectively, so as to change provisions relating to the compensation of superior court judges, district attorneys, circuit public defenders, Supreme Court Justices, and Court of Appeals Judges; to provide for state salary supplements for superior court judges, district attorneys, and circuit public defenders under certain circumstances; to provide for state salary supplements for superior court judges of drug court, mental health court, and veteran court divisions; to change provisions relating to county salary supplements for superior court judges, district attorneys, and circuit public defenders; to repeal provisions relating to the annual salaries of Supreme Court Justices and Court of Appeals Judges; to enact provisions relating to the annual salaries of Supreme Court Justices and Court of Appeals Judges; to provide for a contingent effective date and 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. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Code Section 15-6-29, relating to the salary of superior court judges, as follows:
"15-6-29. (a) The annual salary of the judges of the superior courts shall be as provided in Code Section Sections 45-7-4 and 15-6-29.1 and may be as provided in Code Section 15-629.2. The annual salary provided by Code Section 45-7-4 shall be paid by The Council of Superior Court Judges of Georgia in 12 equal monthly installments. (b) The annual salary so fixed shall be the total compensation to be paid by the state to the superior court judges and shall be in lieu of any and all other amounts to be paid from The Council of Superior Court Judges of Georgia, except as provided in Code Sections 15-6-29.1, 15-6-30, and 15-6-32. (c) When a new superior court judgeship is created by law for any judicial circuit, the new superior court judge shall upon taking office become entitled to and shall receive
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from the county or counties comprising the circuit the same county salary supplement, if any, then in effect for the other judge or judges of the judicial circuit. If the county salary supplement paid by the county or counties comprising the circuit varies between judges in the circuit, any newly appointed or elected superior court judge shall receive the lowest county supplement in effect on the day his or her initial term begins. Such county salary supplement supplements for such new judge shall be authorized by this subsection and no other legislation or local legislation shall be required in order to authorize such salary supplement, but nothing in this Code section shall be construed to prohibit the enactment of local legislation relating to such salary supplements. A publication of notice of intention to introduce local legislation as provided for in Code Section 28-1-14 shall be required for any local legislation granting, changing the amount of, or removing a salary supplement; but no publication of notice of intention shall be required for a bill creating one or more new superior court judgeships."
SECTION 2. Said title is further amended by adding a new Code section to read as follows:
"15-6-29.1. (a) As used in this Code section, the term 'county salary supplement' means the total supplement being paid to a superior court judge from all of the counties in such judge's circuit. (b) Notwithstanding Code Section 15-6-27, if on February 15, 2015, a superior court judge's county salary supplement was less than $30,000.00, then on and after January 1, 2016, the state shall pay to such judge an annual state salary supplement in an amount equal to the difference between the amount of such judge's county salary supplement and $30,000.00. Such state salary supplement shall be paid from state funds by The Council of Superior Court Judges of Georgia in equal monthly installments as regular compensation. The Council of Superior Court Judges of Georgia shall collect data relative to county salary supplements in order to determine the state salary supplement that shall be paid to each superior court judge. (c) Whatever county supplement is being paid to a superior court judge on February 15, 2015, if such supplement is:
(1) Thirty thousand dollars or more, it shall not be reduced in the future to an amount less than $30,000.00; and (2) Less than $30,000.00, it shall not be reduced in the future to an amount less than it was on February 15, 2015. (d) When a local law provides for a salary to be paid based on a percentage of, total compensation for, or similar mathematical relationship to a superior court judge's salary, the state salary supplement paid pursuant to this Code section shall not be included in the calculation of compensation to be paid by a county, municipality, or consolidated government."
SECTION 3. Said title is further amended by adding a new Code section to read as follows:
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"15-6-29.2. (a) As used in this Code section, the term 'accountability court' means a drug court division, mental health court division, or veterans court division. (b) On and after January 1, 2016, the state shall pay each judge regularly presiding in an accountability court an annual state supplement of $6,000.00. Such supplement shall be paid from state funds by The Council of Superior Court Judges of Georgia in equal monthly installments as regular compensation. The Administrative Office of the Courts shall certify to the council the time period for which a judge is serving as the presiding judge of an accountability court. (c) When a local law provides for a salary to be paid based on a percentage of, total compensation for, or similar mathematical relationship to a superior court judge's salary, the state salary supplement paid pursuant to this Code section shall not be included in the calculation of compensation to be paid by a county, municipality, or consolidated government."
SECTION 4. Said title is further amended by revising Code Section 15-18-10, relating to compensation of district attorneys, as follows:
"15-18-10. (a) Each district attorney shall receive an annual salary from state funds as prescribed by law. Such salary shall be paid as provided in Code Section Sections 15-18-19 and 15-18-10.1. (b) The county or counties comprising the judicial circuit may supplement the salary of the district attorney in such amount as is or may be authorized by local Act or in such amount as may be determined by the governing authority of such county or counties, whichever is greater. (c) All fees, fines, forfeitures, costs, and commissions formerly allowed district attorneys for their services as district attorney or as solicitor of any other court shall become the property of the county in which the services of the district attorney were rendered. The clerk of court shall collect any such fees, fines, forfeitures, costs, and emoluments and remit the same to the county treasury by the fifteenth day of each month. (d) No district attorney receiving an annual salary under this Code section shall engage in the private practice of law."
SECTION 5. Said title is further amended by adding a new Code section to read as follows:
"15-18-10.1. (a) As used in this Code section, the term 'county salary supplement' means the total supplement being paid to a district attorney from all of the counties in such district attorney's circuit. (b) Notwithstanding Code Section 15-18-19, if on February 15, 2015, a district attorney's county salary supplement was less than $15,000.00, then on and after January
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1, 2016, the state shall pay to such district attorney an annual state salary supplement in an amount equal to the difference between the amount of such district attorney's county salary supplement and $15,000.00. Such state salary supplement shall be paid from state funds by the Prosecuting Attorneys' Council of the State of Georgia in equal monthly installments as regular compensation. The Prosecuting Attorneys' Council of the State of Georgia shall collect data relative to county salary supplements in order to determine the state salary supplement that shall be paid to each district attorney. (c) Whatever county supplement is being paid to a district attorney on February 15, 2015, if such supplement is:
(1) Fifteen thousand dollars or more, it shall not be reduced in the future to an amount less than $15,000.00; and (2) Less than $15,000.00, it shall not be reduced in the future to an amount less than it was on February 15, 2015. (d) Notwithstanding Code Sections 15-18-14 and 15-18-14.2, the state salary supplement paid pursuant to this Code section shall not be included in any calculation of compensation paid to assistant district attorneys or victim assistance coordinators that is measured as a percentage of a district attorney's salary. (e) When a local law provides for a salary to be paid based on a percentage of, total compensation for, or similar mathematical relationship to a district attorney's salary, the state salary supplement paid pursuant to this Code section shall not be included in the calculation of compensation to be paid by a county, municipality, or consolidated government."
SECTION 6. Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to public defenders, is amended by revising subsection (a) of Code Section 17-12-25, relating to the salary of the public defender, as follows:
"(a) Each circuit public defender shall receive an annual salary of $87,593.58, and cost-of-living adjustments may be given by the General Assembly in the General Appropriations Act by a percentage not to exceed the average percentage of the general increase in salary as may from time to time be granted to employees of the executive, judicial, and legislative branches of government; provided, however, that any increase for such circuit public defender shall not include within-grade step increases for which classified employees as defined by Code Section 45-20-2 are eligible. Any increase granted pursuant to this subsection shall become effective at the same time that funds are made available for the increase for such employees. The Office of Planning and Budget shall calculate the average percentage increase. Each circuit public defender may also be entitled to a state salary supplement as set forth in Code Section 17-1225.1."
SECTION 7. Said article is further amended by adding a new Code section to read as follows:
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"17-12-25.1. (a) As used in this Code section, the term 'county salary supplement' means the total supplement being paid to a circuit public defender from all of the counties in such circuit public defender's circuit. (b) Notwithstanding Code Section 15-18-19, if on February 15, 2015, a circuit public defender's county salary supplement was less than $15,000.00, then on and after January 1, 2016, the state shall pay to such circuit public defender an annual state salary supplement in an amount equal to the difference between the amount of such circuit public defender's county salary supplement and $15,000.00. Such state salary supplement shall be paid from state funds by the Georgia Public Defender Standards Council in equal monthly installments as regular compensation. The Georgia Public Defender Standards Council shall collect data relative to county salary supplements in order to determine the state salary supplement that shall be paid to each circuit public defender. (c) Whatever county supplement is being paid to a circuit public defender on February 15, 2015, if such supplement is:
(1) Fifteen thousand dollars or more, it shall not be reduced in the future to an amount less than $15,000.00; and (2) Less than $15,000.00, it shall not be reduced in the future to an amount less than it was on February 15, 2015. (d) Notwithstanding Code Sections 17-12-27 and 17-12-28, the state salary supplement paid pursuant to this Code section shall not be included in any calculation of compensation paid to assistant public defenders or investigators that is measured as a percentage of a district attorney's salary."
SECTION 8. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials and cost-of-living adjustments, is amended by repealing in their entirety paragraphs (18) and (19) of subsection (a) and enacting new paragraphs (18) and (19) to read as follows:
"(18) Each Justice of the Supreme Court .......................................................1..7..9..,210.00
(19) Each Judge of the Court of Appeals......................................................1..7..8..,.186.00"
SECTION 9. (a) This Act shall become effective only if funds are appropriated for purposes of this Act in an appropriations Act enacted at the 2015 regular session of the General Assembly. (b) If funds are so appropriated, then this Act shall become effective on January 1, 2016. (c) If funds are not so appropriated, then this Act shall not become effective and shall stand repealed on July 1, 2015.
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SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Powell of the 171st and Ehrhart of the 36th offer the following amendment:
Amend the House Committee on Appropriations substitute to HB 279 (LC 29 6493S) by replacing lines 56 through 62 with the following:
be paid to each superior court judge. Whatever county salary supplement is being paid to a superior court judge on February 15, 2015, shall forever be the amount utilized to determine the amount of the state salary supplement irrespective of a county salary supplement being increased or reduced in the future; provided, however, that this subsection shall not authorize a county salary supplement to be decreased until an incumbent's successive term of office.
By replacing "(d)" with "(c)" on line 63.
By replacing lines 116 through 122 with the following: supplement that shall be paid to each district attorney. Whatever county salary supplement is being paid to a district attorney on February 15, 2015, shall forever be the amount utilized to determine the amount of the state salary supplement irrespective of a county salary supplement being increased or reduced in the future.
By replacing "(d)" and "(e)" with "(c)" and "(d)" on lines 123 and 127, respectively.
By replacing lines 161 through 167 with the following: supplement that shall be paid to each circuit public defender. Whatever county salary supplement is being paid to a circuit public defender on February 15, 2015, shall forever be the amount utilized to determine the amount of the state salary supplement irrespective of a county salary supplement being increased or reduced in the future.
By replacing "(d)" with "(c)" on line 168.
Pursuant to Rule 133, Representative Chandler of the 105th was excused from voting on HB 279.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
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Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger N Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick N Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M N Cantrell Y Carson Y Carter
Casas Chandler Y Cheokas Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler N Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson N Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L
Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick N Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin N Martin Y Maxwell Y Mayo Y McCall Y McClain
Meadows E Mitchell Y Morris Y Mosby
Nimmer N Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes N Rice Y Roberts Y Rogers, C Y Rogers, T N Rutledge N Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 142, nays 21.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 461. By Representatives Shaw of the 176th, Strickland of the 111th, Stephens of the 165th, Maxwell of the 17th, Watson of the 172nd and others:
A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals recyclers; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
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A BILL TO BE ENTITLED AN ACT
To amend Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals recyclers, so as to change certain provisions relating to the buying and selling of regulated metal property; to provide for and change certain definitions; to change certain provisions relating to verifiable documentation required; to provide for certain restrictions on the purchase of catalytic converters by secondary metals recyclers; to change certain provisions relating to requirements for purchase of burial objects; to change certain provisions relating to records of transactions, false statements in required affidavits, and penalty for making a false statement in execution of affidavit; to provide an exemption for used motor vehicle dealers and used motor vehicle parts dealers under certain circumstances; to change certain provisions relating to required information from secondary metals recyclers and role of the Georgia Bureau of Investigation; to provide for the information maintained in data base established by the Georgia Bureau of Investigation to be considered a trade secret and exempt from disclosure; to provide access to such data base by certain employees; to limit the use of the data base by such employees to certain purposes; to provide for penalties; to provide for the promulgation of certain rules and regulations by the Georgia Bureau of Investigation; to provide for 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. Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals recyclers, is amended by revising Code Section 10-1-350, relating to definitions, as follows:
"10-1-350. As used in this article, the term:
(1) 'Aluminum property' means aluminum forms designed to shape concrete. (2) 'Burial object' means any product manufactured for or used for identifying or permanently decorating a grave site, including, without limitation, monuments, markers, benches, and vases and any base or foundation on which they rest or are mounted. (3) 'Business license' means a business license, an occupational tax certificate, and other document required by a county or municipal corporation and issued by the appropriate agency of such county or municipal corporation to engage in a profession or business. (3)(4) 'Coil' means any copper, aluminum, or aluminum-copper condensing coil or evaporation coil including its tubing or rods. The term shall not include coil from a window air-conditioning system, if contained within the system itself, or coil from an automobile condenser.
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(4)(5) ' Copper property' means any copper wire, copper tubing, copper pipe, or any item composed completely of copper. (5)(6) 'Deliverer' means any individual who takes or transports the regulated metal property to the secondary metals recycler. (6)(7) 'Ferrous metals' means any metals containing significant quantities of iron or steel. (7)(8) 'Law enforcement officer' means any duly constituted peace officer of the State of Georgia or of any county, municipality, or political subdivision thereof. (8)(9) 'Nonferrous metals' means stainless steel beer kegs and metals not containing significant quantities of iron or steel, including, without limitation, copper, brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof. (9)(10) 'Person' means an individual, partnership, corporation, joint venture, trust, association, or any other legal entity. (10)(11) 'Personal identification card' means a current and unexpired driver's license or identification card issued by the Department of Driver Services or a similar card issued by another state, a military identification card, or a current work authorization issued by the federal government, which shall contain the individual's name, address, and photograph. (11)(12) 'Purchase transaction' means a transaction in which the secondary metals recycler gives consideration in exchange for regulated metal property. (12)(13) 'Regulated metal property' means any item composed primarily of any ferrous metals or nonferrous metals and includes aluminum property, copper property, and catalytic converters but shall not include batteries, aluminum beverage containers, used beverage containers, or similar beverage containers. (13)(14) 'Secondary metals recycler' means any person who is engaged, from a fixed location or otherwise, in the business in this state of paying compensation for regulated metal property that has served its original economic purpose, whether or not engaged in the business of performing the manufacturing process by which regulated metal property is converted into raw material products consisting of prepared grades and having an existing or potential economic value. (14)(15) 'Seller' means the rightful owner of the regulated metal property or the individual authorized by the rightful owner of the regulated metal property to conduct the purchase transaction."
SECTION 2. Said article is further amended by revising Code Section 10-1-351, relating to verifiable documentation required, as follows:
"10-1-351. (a) No secondary metals recycler shall purchase any coil unless it is purchased from:
(1) A contractor licensed pursuant to Chapter 14 of Title 43 who or by another state that provides a copy of his or her such valid license at the time of sale the purchase transaction that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied license is on file with the secondary metals recycler;
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(2) A seller with verifiable documentation, such as a receipt or work order, indicating that the coils are such coil is the result of a replacement of condenser coils or a heating or air-conditioning system performed by a contractor licensed pursuant to Chapter 14 of Title 43; or (3) A secondary metals recycler who provides the documentation required in paragraphs (1) and (2) of this subsection received from a contractor or seller proof of registration pursuant to Code Section 10-1-359.1 and a signed statement stating that the required information concerning the purchase transaction involving such coil was provided by such secondary metals recycler to the Georgia Bureau of Investigation pursuant to Code Section 10-1-359.5. (b) No secondary metals recycler shall purchase any copper wire which appears to have been exposed to heat, charred, or burned in an attempt to remove insulation surrounding it unless it is purchased from: (1) A contractor licensed pursuant to Chapter 14 of Title 43 who or by another state that provides a copy of his or her such valid license at the time of sale the purchase transaction that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied license is on file with the secondary metals recycler; (2) A seller with a copy of a police report showing that such seller's real property was involved in a fire; or (3) A secondary metals recycler who provides the documentation required in paragraphs (1) and (2) of this subsection received from a contractor or seller proof of registration pursuant to Code Section 10-1-359.1 and a signed statement stating that the required information concerning the purchase transaction involving such copper wire was provided by such secondary metals recycler to the Georgia Bureau of Investigation pursuant to Code Section 10-1-359.5. (c) No secondary metals recycler shall purchase a catalytic converter unless such catalytic converter is: (1) Attached to a vehicle; or (2) Purchased from:
(A) A used motor vehicle dealer or used motor vehicle parts dealer licensed pursuant to Chapter 47 of Title 43 or by another state that provides a copy of such valid license at the time of the purchase transaction that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied license is on file with the secondary metals recycler; (B) A new motor vehicle dealer that provides a copy of a valid business license at the time of the purchase transaction that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied business license is on file with the secondary metals recycler; (C) A motor vehicle repairer that provides a copy of a valid business license at the time of the purchase transaction that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied business license is on file with the secondary metals recycler;
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(D) A manufacturer or distributor of catalytic converters that provides a copy of a valid business license at the time of the purchase transaction that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied business license is on file with the secondary metals recycler; (E) A seller with:
(i) Verifiable documentation, such as a receipt or work order, indicating that the catalytic converter is the result of a replacement of a catalytic converter performed by a used motor vehicle dealer, new motor vehicle dealer, or motor vehicle repairer. Such documentation shall include a notation as to the make, model, and year of the vehicle in which such catalytic converter was replaced; and (ii) A copy of a certificate of title or registration showing ownership of or interest in the vehicle in which the catalytic converter was replaced; or (F) A secondary metals recycler who provides proof of registration pursuant to Code Section 10-1-359.1 and a signed statement stating that the required information concerning the purchase transaction involving such catalytic converter was provided by such secondary metals recycler to the Georgia Bureau of Investigation pursuant to Code Section 10-1-359.5."
SECTION 3. Said article is further amended by revising Code Section 10-1-352, relating to requirements for purchase of burial objects, as follows:
"10-1-352. No secondary metals recycler shall purchase a burial object unless it is purchased from:
(1) A funeral director licensed under the provisions of pursuant to Chapter 18 of Title 43 or by another state who provides a copy of his or her valid license at the time of sale the purchase transaction that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied license is on file with the secondary metals recycler; (2) A cemetery owner registered pursuant to Code Section 10-14-4 or with another state who that provides a copy of his or her such valid registration at the time of sale the purchase transaction that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied registration is on file with the secondary metals recycler; (3) A manufacturer or distributor of burial objects who that provides a copy of his or her a valid business license at the time of sale the purchase transaction that is scanned or photocopied by the secondary metals recycler and a letter from the owner or operator of the manufacturing or distributing business expressly recognizing the seller as an employee or authorized agent of the manufacturer or distributor or whose scanned or photocopied business license and letter are on file with the secondary metals recycler; (4) A seller with verifiable documentation, such as a receipt from or contract with a licensed funeral director, registered cemetery owner, or manufacturer or distributor of
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burial objects, evidencing that such person is the rightful owner of the burial object; or (5) A secondary metals recycler who provides the documentation required in paragraphs (1) through (4) of this Code section received from a funeral director, cemetery owner, manufacturer or distributor of burial objects, or a seller proof of registration pursuant to Code Section 10-1-359.1 and a signed statement stating that the required information concerning the purchase transaction involving such burial object was provided by such secondary metals recycler to the Georgia Bureau of Investigation pursuant to Code Section 10-1-359.5."
SECTION 4. Said article is further amended by revising Code Section 10-1-353, relating to record of transaction, false statements in required affidavits transactions, and penalty for making false statement in execution of affidavit, as follows:
"10-1-353. (a) A Except as provided in subsection (c), a secondary metals recycler shall maintain a legible record of all purchase transactions. Such record shall include the following information:
(1) The name and address of the secondary metals recycler; (2) The date of the transaction; (3) The weight, quantity, or volume and a description of the type of regulated metal property purchased in a purchase transaction. For purposes of this paragraph, the term 'type of regulated metal property' shall include a general physical description, such as wire, tubing, extrusions, or castings; (4) A digital photograph or photographs or a digital video image or images of the regulated metal property which shows the regulated metal property in a reasonably clear manner; (5) The amount of consideration given in a purchase transaction for the regulated metal property and a copy of the check or voucher or documentation evidencing the electronic funds transfer given as consideration for such purchase transaction; (6) A signed and sworn affidavit statement from the seller stating that such person is the rightful owner of the regulated metal property or has been authorized to sell the regulated metal property being sold; (7) A signed and sworn affidavit statement from the seller stating that he or she understands that: 'A secondary metals recycler is any person who is engaged, from a fixed location or otherwise, in the business in this state of paying compensation for regulated metal property that has served its original economic purpose, whether or not engaged in the business of performing the manufacturing process by which regulated metal property is converted into raw material products consisting of prepared grades and having an existing or potential economic value. No ferrous metals, nonferrous metals, aluminum property, copper property, or catalytic converters (batteries, aluminum (aluminum beverage containers, used beverage containers, or similar beverage containers are exempt) may be purchased by a secondary metals recycler
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unless such secondary metals recycler is a holder of a valid permit issued registered pursuant to Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated'; (8) A scanned or photocopied copy of a valid personal identification card of the seller and of the deliverer, if such person is different from the seller; (9) The type of and distinctive number from the personal identification card of the seller and of the deliverer, if such person is different from the seller; (10) The name and date of birth of the seller and of the deliverer, if such person is different from the seller; (9)(11) A photograph, videotape, or digital recording depicting a recognizable facial image of the seller and of the deliverer, if such person is different from the seller, employing technology allowing the image to be retained in electronic storage and in a transferable format; (10) The distinctive number from, and type of, the personal identification card of the seller and the deliverer, if such person is different from the seller; (11)(12) The vehicle license tag number or vehicle identification number, state of issue, and the type of vehicle, if available, make, model, and color of the vehicle used to deliver the regulated metal property to the secondary metals recycler. For purposes of this paragraph, the term 'type of vehicle' shall mean an automobile, pickup truck, van, or truck; and (12)(13) A scanned or photocopied copy of the verifiable documentation, reports, licenses, certificates, and registrations, required pursuant to Code Sections 10-1-351 and 10-1-352. (b) A secondary metals recycler shall maintain or cause to be maintained the information required by subsection (a) of this Code section for not less than two years from the date of the purchase transaction. (c) When the metal being purchased is a motor vehicle, the seller shall either provide the title to such motor vehicle or fully execute a statement on a form as promulgated by the Department of Revenue in accordance with Code Section 40-3-36. The secondary metals recycler shall forward the title or form to the Department of Revenue within 72 hours of receipt of the title or form. When the regulated metal property being purchased is a vehicle, the secondary metals recycler shall: (1) If Code Section 40-3-36 is applicable, purchase such vehicle in compliance with such Code section and shall not be required to maintain a record of the purchase transaction as provided in subsection (a) of this Code section or to provide such record to the Georgia Bureau of Investigation pursuant to Code Section 10-1-359.5; or (2) If Code Section 40-3-36 is not applicable, maintain a record of such purchase transaction as provided in subsection (a) of this Code section and provide such record to the Georgia Bureau of Investigation pursuant to Code Section 10-1-359.5. (d) It shall be unlawful to make a false statement in executing the affidavit required by either paragraph (6) or (7) of subsection (a) of this Code section, and the making of a false statement shall be punishable as an act of false swearing under Code Section 1610-71. It shall be a violation of this article to sign the statement required by either
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paragraph (6) or (7) of subsection (a) of this Code section knowing it to be false, and such violation shall subject the seller to the civil and criminal liability provided in Code Section 10-1-359.2."
SECTION 5. Said article is further amended by adding a new Code section to read as follows:
"10-1-358.1. The provisions of this article shall not apply to a vehicle purchased in compliance with Code Section 40-3-36 by a used motor vehicle dealer or used motor vehicle parts dealer licensed pursuant Chapter 47 of Title 43."
SECTION 6. Said article is further amended by revising Code Section 10-1-359.5, relating to required information from secondary metals recyclers and role of the Georgia Bureau of Investigation, as follows:
"10-1-359.5. (a) Each secondary metals recycler shall provide to the Georgia Bureau of Investigation or its designee for each purchase transaction which takes place on or after July 1, 2015, all of the information required by subsection (a) of Code Section 10-1353, for each transaction, except for the amount of consideration given in a purchase transaction for the regulated metal property specified in paragraph (5) of subsection (a) of such Code section, to the Georgia Bureau of Investigation. A secondary metals recycler who maintains on file with the Georgia Bureau of Investigation or its designee a copy of the statement forms such secondary metals recycler requires each seller to sign pursuant to paragraphs (6) and (7) of subsection (a) of Code Section 10-1-353 may satisfy the requirements of these paragraphs by providing to the Georgia Bureau of Investigation or its designee a copy of the individual seller's signature and shall not be required to provide the actual statement signed by each seller, provided the actual statements are maintained by the secondary metals recycler pursuant to subsection (b) of Code Section 10-1-353 and available for inspection pursuant to Code Section 10-1354. (b) The Georgia Bureau of Investigation or its designee shall establish and maintain a data base of all information required to be provided pursuant to subsection (a) of this Code section. Such information shall be considered to be a trade secret and shall be exempt from disclosure under the provisions of Article 4 of Chapter 18 of Title 50. (c) The data base shall be accessible and searchable by:
(1) All all law enforcement agencies in this state; and (2) Employees of electric suppliers, as defined in Code Section 46-3-3, and employees of telecommunications companies, as defined in Code Section 46-5-162, provided that such employees have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.'
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(d)(1) It shall be unlawful to use the data base established pursuant to subsection (b) of this Code section for any purpose other than the investigation of alleged crimes related to the theft of regulated metal property. (2) Any person who violates or conspires to violate paragraph (1) of this subsection shall be guilty of a felony and, upon conviction, shall receive the following punishment:
(A) Upon a first conviction, imprisonment for not less than one nor more than five years or a fine of not more than $5,000.00, or both; or (B) Upon a second or subsequent conviction, imprisonment for not less than five nor more than ten years or a fine of not more than $40,000.00, or both. (e) The Georgia Bureau of Investigation shall promulgate rules and regulations and establish procedures necessary to carry into effect, implement, and enforce the provisions of this Code section and ensure compliance with applicable federal and state laws. Such rules and regulations shall include, but shall not be limited to:, (1) The the time, manner, and method of the transmittal of the information by the secondary metals recyclers to the Georgia Bureau of Investigation; (2) The manner and method by which employees of electric suppliers and telecommunications companies may access and search the data base and any prerequisites thereto; and (3) The specific information the employees of the electric suppliers and telecommunications companies may access and search within the data base."
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 N Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly
Y Coomer Y Cooper Y Corbett 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 Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Y Meadows E Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J
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 Tankersley Y Tanner Y Tarvin Y Taylor, D
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Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin
Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey
Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 511. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to authorize pharmacy technicians to fill remote automated medication systems in skilled nursing facilities and hospices; to provide for certain 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
Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes
Y Meadows E Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish
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
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Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra
Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T
Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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 310. By Representatives Powell of the 32nd, Coomer of the 14th, Nimmer of the 178th, Rogers of the 10th, Dickey of the 140th and others:
A BILL to be entitled an Act to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions; to amend Titles 15, 16, 17, 19, 20, 21, 34, 35, 37, 40, 42, 43, 45, 48, and 49 of the O.C.G.A., relating to courts, crimes and offenses, criminal procedure, domestic relations, education, elections, labor and industrial relations, law enforcement officers and agencies, mental health, motor vehicles and traffic, penal institutions, professions and businesses, public officers and employees, revenue and taxation, and social services, respectively, so as to conform provisions to the new Chapter 3 of Title 42; 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:
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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 create the Board of Community Supervision, the Department of Community Supervision, and the Governor's Office of Transition, Support, and Reentry; to provide for the responsibilities of DCS with respect to supervision of adult and certain juvenile probationers and adult parolees; to enact reforms recommended by the Georgia Council on Criminal Justice Reform; to reassign responsibilities of the Advisory Council for Probation and the County and Municipal Probation Advisory Council to the Board of Community Supervision and repeal provisions relating to such councils; to transfer responsibility of certain functions of probation and parole supervision to DCS and make corresponding changes with respect to the jurisdiction and authority of the Department of Corrections, Department of Juvenile Justice, and the State Board of Pardons and Paroles; to provide for the selection, service, and powers and duties of the commissioner and employees of DCS; to provide for rules and regulations and forms; to provide for administration; to provide for transfer of prior appropriations; to provide for transfer of personnel, equipment, and facilities; to provide for defined terms; to provide for the revocation, modification, and tolling of sentences under certain circumstances; to provide for the conditions of probation; to provide for the assessment and collection of costs of probation; to revise certain standards for private corporations, private enterprises, and private agencies that enter into written contracts for probation services; to change provisions relating to confidentiality of records; to revise certain standards for counties, municipalities, or consolidated governments who enter into written agreements to provide probation services; to provide for management of probated sentences when a defendant wants to enter an accountability court as a condition of a probation revocation; to change provisions relating to informing a defendant regarding the first offender laws; to provide for retroactive first offender treatment under certain circumstances; to provide for the filing of a petition for retroactive first offender treatment; to amend Titles 15, 16, 17, 19, 20, 21, 34, 35, 37, 40, 42, 43, 45, 48, and 49 of the Official Code of Georgia Annotated, relating to courts, crimes and offenses, criminal procedure, domestic relations, education, elections, labor and industrial relations, law enforcement officers and agencies, mental health, motor vehicles and traffic, penal institutions, professions and businesses, public officers and employees, revenue and taxation, and social services, respectively, so as to so as to conform provisions to the new Chapter 3 of Title 42; to provide for certain changes in the administrative organization of the Department of Corrections, Department of Juvenile Justice, and the State Board of Pardons and Paroles and provide for conforming amendments; to correct cross-references and remove obsolete or improper references; to provide for legislative findings and intent; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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PART I BOARD OF COMMUNITY SUPERVISION, DEPARTMENT OF COMMUNITY SUPERVISION, AND GOVERNOR'S OFFICE OF TRANSITION, SUPPORT, AND REENTRY
SECTION 1-1.
Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising Chapter 3, which was previously reserved, as follows:
"CHAPTER 3 ARTICLE 1
42-3-1. Reserved. As used in this chapter, the term:
(1) 'Board' means the Board of Community Supervision. (2) 'Commissioner' means the commissioner of community supervision. (3) 'Community supervision officer' means an individual employed by DCS who supervises probationers or parolees. (4) 'DCS' means the Department of Community Supervision. (5) 'Split sentence' means any felony sentence that includes a term of imprisonment followed by a term of probation.
42-3-2. (a) There is created the Board of Community Supervision which shall establish the general policy to be followed by the Department of Community Supervision and the Governor's Office of Transition, Support, and Reentry. The powers, functions, and duties of the Board of Corrections as they exist on June 30, 2015, with regard to the probation division of the Department of Corrections and supervision of probationers unless otherwise provided in this chapter are transferred to the Board of Community Supervision effective July 1, 2015. The powers, functions, and duties of the State Board of Pardons and Paroles as they exist on June 30, 2015, with regard to the supervision of parolees, unless otherwise provided in this chapter are transferred to the Board of Community Supervision effective July 1, 2015. The powers, functions, and duties of the Board of Juvenile Justice and the Department of Juvenile Justice as they exist on June 30, 2016, with regard to the probation supervision of children who have been released from restrictive custody and who were adjudicated for a Class A designated felony act or Class B designated felony act, as such terms are defined in Code Section 15-11-2, are transferred to the Board of Community Supervision effective July 1, 2016. The powers, functions, and duties of the County and Municipal Probation Advisory Council as they exist on June 30, 2015, are transferred to the Board of Community Supervision effective July 1, 2015.
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(b) The board shall consist of nine members. The commissioner of corrections, commissioner of juvenile justice, chairperson and vice chairperson of the State Board of Pardons and Paroles, director of the Division of Family and Children Services of the Department of Human Services, and commissioner of behavioral health and developmental disabilities shall be members of the board and shall serve on the board so long as they remain in their appointed positions. The Governor shall appoint:
(1) A sheriff who shall serve an initial term ending June 30, 2019, each subsequent term being four years; (2) A mayor or city manager who shall serve an initial term ending June 30, 2018, each subsequent term being four years; and (3) A county commissioner or county manager who shall serve an initial term ending June 30, 2017, each subsequent term being four years. (c) Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant. An appointment to fill a vacancy, other than by expiration of a term of office, shall be for the balance of the unexpired term. (d) Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section 43-1-17. (e) There shall be a chairperson of the board, elected by and from the membership of the board, who shall be the presiding officer of the board. (f) The members of the board shall receive per diem and expenses as shall be set and approved by the Office of Planning and Budget and in conformance with rates and allowances set for members of other state boards. (g)(1) As used in this subsection, the term:
(A) 'Evidence based practices' means supervision policies, procedures, programs, and practices that scientific research demonstrates reduce recidivism among individuals who are under some form of correctional supervision. (B) 'Recidivism' means returning to prison or jail within three years of being placed on probation or being discharged or released from a Department of Corrections or jail facility. (2) The board shall adopt rules and regulations governing the management and treatment of probationers and parolees to ensure that evidence based practices, including the use of a risk and needs assessment and any other method the board deems appropriate, guide decisions related to managing probationers and parolees in the community. The board shall require DCS to collect and analyze data and performance outcomes relevant to the level and type of treatment given to a probationer or parolee and the outcome of the treatment on his or her recidivism and prepare an annual report regarding such information which shall be submitted to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House Committee on State Properties and the Senate State Institutions and Property Committee.
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(h) The board shall adopt rules and regulations and such rules and regulations shall be adopted, established, promulgated, amended, repealed, filed, and published in accordance with the applicable provisions and procedure as set forth in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The courts shall take judicial notice of any such rules or regulations. (i) As used in this Code section, the term 'rules and regulations' shall have the same meaning as the word 'rule' as defined in paragraph (6) of Code Section 50-13-2. (j) The board shall perform duties required of it by law and shall, in addition thereto, be responsible for promulgation of all rules and regulations not in conflict with this chapter that may be necessary and appropriate to the administration of DCS and the Governor's Office of Transition, Support, and Reentry, to the accomplishment of the purposes of this chapter and Chapters 8 and 9 of this title, and to the performance of the duties and functions of DCS and the Governor's Office of Transition, Support, and Reentry as set forth in this chapter and Chapters 8 and 9 of this title.
42-3-3. (a) There is created the Department of Community Supervision. DCS shall be the agency primarily responsible for:
(1) Supervision of all defendants who receive a felony sentence of straight probation; (2) Supervision of all defendants who receive a split sentence; (3) Supervision of all defendants placed on parole or other conditional release from imprisonment by the State Board of Pardons and Paroles; (4) Supervision of juvenile offenders when such offender had been placed in restrictive custody due to an adjudication for a Class A designated felony act or Class B designated felony act, as such terms are defined in Code Section 15-11-2, and is released from such custody; (5) Administration of laws, rules, and regulations relating to probation and parole supervision, as provided for by law; (6) Enforcement of laws, rules, and regulations relating to probation and parole supervision, as provided for by law; and (7) Administration of laws as provided in this chapter. (b) DCS shall ensure that community supervision officers who supervise juvenile offenders receive the same training to work specifically with children and adolescents as is provided for Department of Juvenile Justice probation officers. DCS shall offer the same array of services to juvenile offenders as are available to offenders who are committed to the Department of Juvenile Justice who are not placed in restrictive custody. With respect to the supervision of children, DCS shall be mindful of the purpose of Chapter 11 of Title 15 as set forth in Code Section 15-11-1.
42-3-4. (a) There shall be a commissioner of community supervision who shall be both appointed by and serve at the pleasure of the Governor. Subject to the policies, rules,
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and regulations established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions of DCS. (b) The commissioner shall receive an annual salary to be set by the Governor which shall be his or her total compensation for services as commissioner. The commissioner shall be reimbursed for all actual and necessary expenses incurred by him or her in carrying out his or her official duties. (c) The position of commissioner shall be a separate and distinct position from any other position in state government. The duties of the commissioner shall be performed by the commissioner and not by any other officer of state government, and the commissioner shall not perform the duties of any other officer of state government.
42-3-5. (a) The commissioner, with the approval of the board, may establish units within DCS as he or she deems proper for its administration and shall designate persons to be assistant commissioners of each unit and to exercise authority as he or she may delegate to them in writing. The commissioner shall establish a victim services unit within DCS to coordinate:
(1) Payment of court ordered restitution; and (2) Victim services, including, but not limited to, payments available to victims as provided by law and assisting victims with support services. (b) The commissioner shall have the authority to employ as many individuals as he or she deems necessary for the administration of DCS and for the discharge of the duties of his or her office. The commissioner shall issue all necessary directions, instructions, orders, and rules applicable to employees of DCS. The commissioner shall have authority, as the commissioner deems proper, to employ, assign, compensate, and discharge employees of DCS within the limitations of DCS's appropriation and the restrictions set forth by law. (c) No employee of DCS shall be compensated for services to DCS on a commission or contingent fee basis. (d) Neither the commissioner nor any community supervision officer or employee of DCS shall be given or receive any fee, compensation, loan, gift, or other thing of value in addition to the compensation and expense allowance provided by law for any service or pretended service either rendered or to be rendered as commissioner or as a community supervision officer or employee of DCS.
42-3-6. (a) The commissioner, with the approval of the board, shall have the power to make and publish reasonable rules and regulations not inconsistent with this title or other laws or with the Constitution of this state or of the United States for the administration of this chapter or any law which it is his or her duty to administer. (b) The commissioner may prescribe forms as he or she deems necessary for the administration and enforcement of this chapter and Chapters 8 and 9 of this title or any law which it is his or her duty to administer.
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(c) The commissioner may confer all powers of a police officer of this state, including, but not limited to, the power to make summary arrests for violations of any of the criminal laws of this state and the power to carry weapons, upon persons in the commissioner's employment as the commissioner deems necessary, provided that individuals so designated meet the requirements specified in all applicable laws. (d) The commissioner or his or her designee may authorize certain persons in the commissioner's employment to assist law enforcement officers or correctional officers of local governments in preserving order and peace when so requested by such local authorities. (e) The following rules and regulations shall remain in full force and effect as rules and regulations of DCS until amended, repealed, or superseded by rules or regulations adopted by the board:
(1) All rules and regulations previously adopted by the Advisory Council for Probation which relate to functions transferred under this chapter from the state-wide probation system to DCS; (2) All rules and regulations previously adopted by the Department of Corrections or the Board of Corrections which relate to functions transferred under this chapter from the Department of Corrections to DCS; (3) All rules and regulations previously adopted by the State Board of Pardons and Paroles which relate to functions transferred under this chapter from the State Board of Pardons and Paroles to DCS; (4) All rules and regulations previously adopted by the Department of Juvenile Justice or the Board of Juvenile Justice which relate to functions transferred under this chapter from the Department of Juvenile Justice to DCS; and (5) All rules and regulations previously adopted by the County and Municipal Probation Advisory Council which relate to functions transferred under this chapter from the County and Municipal Probation Advisory Council to DCS.
42-3-7. (a) Appropriations to the Department of Corrections, the Department of Juvenile Justice, the County and Municipal Probation Advisory Council, and the State Board of Pardons and Paroles for functions transferred to DCS pursuant to this chapter shall be transferred to DCS as provided for in Code Section 45-12-90. Personnel, equipment, and facilities previously employed by the Department of Corrections, the Department of Juvenile Justice, the County and Municipal Probation Advisory Council, and the State Board of Pardons and Paroles for functions transferred to DCS pursuant to this chapter shall likewise be transferred to DCS. Any disagreement as to any of such transfers shall be resolved by the Governor. Any individual who is employed by the Department of Corrections as a probation officer or probation supervisor or by the Board of Pardons and Paroles as a parole officer on or before July 1, 2016, and who is required by the terms of his or her employment to comply with the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' may remain in the
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employment of the employing agency but shall be transferred for administrative purposes only to DCS on July 1, 2015. (b) The enactment of this chapter and the Act by which it is enacted shall not affect or abate the status of probation, parole, a probation revocation, or a parole revocation which occurred prior to July 1, 2015.
42-3-8. (a) As used in this Code section, the term:
(1) 'Employee' means a full-time or part-time employee of DCS or an employee serving under contract with DCS. (2) 'Employee benefit fund' means an account containing the facility's profits generated from vending services maintained by a local facility. (3) 'Executive director of the facility' means the chief community supervision officer or such other head of a facility. (4) 'Facility' means a community supervision office or such other similar property under the jurisdiction or operation of DCS. (5) 'Vending services' means one or more vending machines in a location easily accessible by employees, which services may also be accessible by members of the general public, but which vending machines do not require a manager or attendant for the purpose of purchasing food or drink items. Vending services shall be for the provision of snack or food items or nonalcoholic beverages and shall not include any tobacco products or alcoholic beverages. (b) It is the intent of the General Assembly to provide an employee benefit as set forth in this Code section, which benefit shall be of de minimis cost to the state and which shall in turn benefit the state through the retention of dedicated and experienced employees. (c) Any other provision of the law notwithstanding, a facility is authorized to purchase vending machines or enter into vending service agreements by contract, sublease, or license for the purpose of providing vending services to each facility under the jurisdiction of the Department of Corrections. Vending services shall be provided in any facility where the operation of such vending services is capable of generating a profit for that facility. The facility's profits generated from the vending services shall be maintained by the local facility under the authority of the executive director of the facility in an interest-bearing account, and the account shall be designated the employee benefit fund. (d) The employee benefit fund shall be administered by a committee of five representatives of the facility to be selected by the chief community supervision officer for such facility. Funds from the account may be spent as determined by a majority vote of the committee. Funds may be expended on an individual employee of the facility for the purpose of recognizing a death, birth, marriage, or prolonged illness or to provide assistance in the event of a natural disaster or devastation adversely affecting an employee or an employee's immediate family member. Funds may also be expended on an item or activity which shall benefit all employees of the facility equally for the
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purposes of developing camaraderie or otherwise fostering loyalty to DCS or bringing together the employees of the facility for a meeting, training session, or similar gathering. Funds spent for an individual employee shall not exceed $250.00 per person per event, and funds expended for employee gatherings or items shall not exceed $1,000.00 per event or single item; provided, however, that events conducted for the benefit of employees of an entire institution shall not exceed $4,500.00 per event. (e) The employee benefit fund account of each facility shall be reviewed and audited by the administrative office of the local facility and by DCS in accordance with standards and procedures established by DCS. No account shall maintain funds in excess of $5,000.00. Any funds collected which cause the fund balance to exceed $5,000.00 shall be remitted to DCS's general operating budget. (f) Nothing in this Code section shall prohibit a facility from purchasing vending machines or providing or maintaining vending services which do not generate a profit, provided that such services are of no cost to DCS, nor shall this Code section be construed so as to prohibit a private provider of vending services from making or retaining a profit pursuant to any agreement for such services.
42-3-9. (a) An employee leaving the service of DCS under honorable conditions who has accumulated 20 or more years of service with DCS as a community supervision officer, or 20 or more years of combined service as a parole officer with the State Board of Pardons and Paroles, a probation officer or supervisor with the Department of Corrections, and community supervision officer, shall be entitled as part of such employee's compensation to retain his or her DCS issued weapon and badge. (b) As used in this subsection, the term 'disability' means a disability that prevents an individual from working as a community supervision officer. When a community supervision officer leaves DCS as a result of a disability arising in the line of duty, such officer shall be entitled as part of such officer's compensation to retain his or her weapon and badge in accordance with regulations promulgated by the commissioner. (c) A community supervision officer who is killed in the line of duty shall be entitled to have his or her DCS issued badge given to a surviving family member. (d) The board is authorized to promulgate rules and regulations for the implementation of this Code section.
ARTICLE 2
42-3-30. The General Assembly finds that there is a need for a coordinated strategy for transition, support, and reentry of offenders in this state. The General Assembly, therefore, declares it to be the public policy of this state to provide the necessary leadership to coordinate successful offender reentry in this state, reduce recidivism, enhance public safety through collaboration among stakeholders, and assist in ensuring
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the appropriate and responsible use of cost savings realized by justice reforms through reinvestment in evidence based, community centered services.
42-3-31. There is created the Governor's Office of Transition, Support, and Reentry, which is assigned to DCS for administrative purposes only, as prescribed in Code Section 50-43.
42-3-32. The board is authorized to do all things and take any action necessary to accomplish the legislative intent of the creation of the Governor's Office of Transition, Support, and Reentry, including, but not limited to, the promulgation of rules and regulations relative thereto. The board is authorized to solicit and accept gifts, grants, donations, property, both real and personal, and services for the purpose of carrying out this article.
42-3-33. (a) The powers, functions, and duties of the Board of Corrections as they exist on June 30, 2015, with regard to reentry services for the Department of Corrections are transferred to the Governor's Office of Transition, Support, and Reentry effective July 1, 2015. The powers, functions, and duties of the State Board of Pardons and Paroles as they exist on June 30, 2015, with regard to reentry services are transferred to the Governor's Office of Transition, Support, and Reentry effective July 1, 2015. The powers, functions, and duties of the Board of Juvenile Justice and the Department of Juvenile Justice as they exist on June 30, 2016, with regard to reentry services for children who have been placed in restrictive custody and who were adjudicated for a Class A designated felony act or Class B designated felony act, as such terms are defined in Code Section 15-11-2, are transferred to the Governor's Office of Transition, Support, and Reentry effective July 1, 2016. (b) Appropriations to the Department of Corrections, the State Board of Pardons and Paroles, and the Department of Juvenile Justice for functions transferred to DCS pursuant to this article shall be transferred to the Governor's Office of Transition, Support, and Reentry as provided for in Code Section 45-12-90. Personnel, equipment, and facilities previously employed by the Department of Corrections, the State Board of Pardons and Paroles, and the Department of Juvenile Justice for functions transferred to the Governor's Office of Transition, Support, and Reentry pursuant to this article shall likewise be transferred to Governor's Office of Transition, Support, and Reentry. Any disagreement as to any of such transfers shall be resolved by the Governor.
42-3-34. There shall be a director of the Governor's Office of Transition, Support, and Reentry who shall be both appointed by and serve at the pleasure of the Governor. Subject to the policies, rules, and regulations established by the board for such office, the director shall supervise, direct, account for, organize, plan, administer, and execute the
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functions of such office. The director shall receive an annual salary to be set by the Governor which shall be his or her total compensation for services as director. The director shall be reimbursed for all actual and necessary expenses incurred by him or her in carrying out his or her official duties. The position of director shall be a separate and distinct position from any other position in state government. The duties of the director shall be performed by the director and not by any other officer of state government, and the director shall not perform the duties of any other officer of state government.
42-3-35. (a) The director may establish units within the Governor's Office of Transition, Support, and Reentry as he or she deems proper for its administration and shall designate persons to be assistant directors of each unit and to exercise authority as he or she may delegate to them in writing as approved by the board. (b) No person shall be compensated for services to the Governor's Office of Transition, Support, and Reentry on a commission or contingent fee basis. (c) Neither the director nor any employee of the Governor's Office of Transition, Support, and Reentry shall be given or receive any fee, compensation, loan, gift, or other thing of value in addition to the compensation and expense allowance provided by law for any service or pretended service either rendered or to be rendered as director or employee of the Governor's Office of Transition, Support, and Reentry.
ARTICLE 3
42-3-50. (a) As used in this article, the term:
(1) 'Agency' means any private or public agency or organization approved by the court to participate in a community service program. (2) 'Community service' means uncompensated work by an offender with an agency for the benefit of the community pursuant to an order by a court as a condition of probation. Such term includes uncompensated service by an offender who lives in the household of a disabled person and provides aid and services to such disabled person, including, but not limited to, cooking, housecleaning, shopping, driving, bathing, and dressing. (3) 'Community service officer' means an individual appointed by the court to place and supervise offenders sentenced to community service. Such term may mean a paid professional or a volunteer. (b) Except as provided in subsection (c) of this Code section, it shall be unlawful for an agency or community service officer to use or allow an offender to be used for any purpose resulting in private gain to any individual. (c) Subsection (b) of this Code section shall not apply to: (1) Services provided by an offender to a disabled person in accordance with paragraph (1) of subsection (c) of Code Section 42-3-52;
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(2) Work on private property because of a natural disaster; or (3) An order or direction by the sentencing court. (d) Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor.
42-3-51. (a) Agencies desiring to participate in a community service program shall file with the court a letter of application showing:
(1) Eligibility; (2) Number of offenders who may be placed with the agency; (3) Work to be performed by the offender; and (4) Provisions for supervising the offender. (b) An agency selected for the community service program shall work offenders who are assigned to the agency by the court. If an offender violates a court order, the agency shall report such violation to the community service officer. (c) If an agency violates any court order or provision of this article, the offender shall be removed from the agency and the agency shall no longer be eligible to participate in the community service program. (d) No agency or community service officer shall be liable at law as a result of any of such agency's or community service officer's acts performed while participating in a community service program. This limitation of liability shall not apply to actions on the part of any agency or community service officer which constitute gross negligence, recklessness, or willful misconduct.
42-3-52. (a) Community service may be considered as a condition of probation with primary consideration given to the following categories of offenders:
(1) Traffic violations; (2) Ordinance violations; (3) Noninjurious or nondestructive, nonviolent misdemeanors; (4) Noninjurious or nondestructive, nonviolent felonies; and (5) Other offenders considered upon the discretion of the court. (b) The court may confer with the prosecuting attorney, the offender or his or her attorney if the offender is represented by an attorney, a community supervision officer, a community service officer, or other interested persons to determine if the community service program is appropriate for an offender. If community service is ordered as a condition of probation, the court shall order: (1) Not less than 20 hours nor more than 250 hours in cases involving traffic or ordinance violations or misdemeanors, such service to be completed within one year; or (2) Not less than 20 hours nor more than 500 hours in felony cases, such service to be completed within three years.
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(c)(1) Any agency may recommend to the court that certain disabled persons are in need of a live-in attendant. The court shall confer with the prosecuting attorney, the offender or his or her attorney if the offender is represented by an attorney, a community supervision officer, a community service officer, or other interested persons to determine if a community service program involving a disabled person is appropriate for an offender. If community service as a live-in attendant for a disabled person is deemed appropriate and if both the offender and the disabled person consent to such service, the court may order such live-in community service as a condition of probation but for no longer than two years. (2) The agency shall be responsible for coordinating the provisions of the cost of food or other necessities for the offender which the disabled person is not able to provide. The agency, with the approval of the court, shall determine a schedule which will provide the offender with certain free hours each week. (3) Such live-in arrangement shall be terminated by the court upon the request of the offender or the disabled person. Upon termination of such arrangement, the court shall determine if the offender has met the conditions of probation. (4) The appropriate agency shall make personal contact with the disabled person on a frequent basis to ensure the safety and welfare of the disabled person. (d) The court may order an offender to perform community service hours in a 40 hour per week work detail in lieu of incarceration. (e) Community service hours may be added to original court ordered hours as a disciplinary action by the court, as an additional requirement of any program in lieu of incarceration, or as part of the sentencing options system as set forth in Article 6 of this chapter.
42-3-53. The community service officer shall place an offender sentenced to community service as a condition of probation with an appropriate agency. The agency and work schedule shall be approved by the court. If the offender is employed at the time of sentencing or if the offender becomes employed after sentencing, the community service officer shall consider the offender's work schedule and, to the extent practicable, shall schedule the community service so that it will not conflict with the offender's work schedule. This shall not be construed as requiring the community service officer to alter scheduled community service based on changes in an offender's work schedule. The community service officer shall supervise the offender for the duration of the community service sentence. Upon completion of the community service sentence, the community service officer shall prepare a written report evaluating the offender's performance which shall be used to determine if the conditions of probation have been satisfied.
42-3-54. (a) The provisions of Article 2 of Chapter 8 of this title shall be applicable to offenders sentenced to community service as a condition of probation pursuant to this article. The provisions of Article 3 of Chapter 8 of this title shall be applicable to first offenders
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sentenced pursuant to this article. The provisions of Article 6 of Chapter 8 of this title shall be applicable to misdemeanor or ordinance violator offenders sentenced to community service as a condition of probation pursuant to this article. (b) Any offender who provides live-in community service but who is later incarcerated for breaking the conditions of probation or for any other cause may be awarded good time for each day of live-in community service the same as if such offender were in prison for such number of days.
ARTICLE 4
42-3-70. DCS shall be authorized to establish and operate pretrial release and diversion programs as rehabilitative measures for persons charged with felonies for which bond is permissible under the law in the courts of this state prior to conviction; provided, however, that no such program shall be established in a county without the unanimous approval of the superior court judges, the district attorney, and the sheriff of such county. The board shall promulgate rules and regulations governing any pretrial release and diversion programs established and operated by DCS and shall grant authorization for the establishment of such programs based on the availability of sufficient staff and resources.
42-3-71. The court in which a person is charged with a felony for which bond is permissible under the law may, upon the application by the person so charged, at its discretion release the person prior to conviction and upon recognizance to the supervision of a pretrial release or diversion program established and operated by DCS after an investigation and upon recommendation of the staff of the pretrial release or diversion program. In no case, however, shall any person be so released unless after consultation with his or her attorney or an attorney made available to the person if he or she is indigent that person has voluntarily agreed to participate in the pretrial release or diversion program and knowingly and intelligently has waived his or her right to a speedy trial for the period of pretrial release or diversion.
42-3-72. DCS may contract with the various counties of this state for the services and facilities necessary to operate pretrial release and diversion programs established under this article, and both DCS and the counties are authorized to enter into such contracts as are appropriate to carry out the purpose of this article.
42-3-73. The authority to establish and operate pretrial release and diversion programs granted to DCS under this article shall not affect the authority of the Georgia Department of Labor to enter into agreements with district attorneys of the several judicial circuits of this
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state for the purpose of establishing and operating pretrial intervention programs in such judicial circuits.
42-3-74. No person shall be released on his or her own recognizance or approved for a pretrial release and diversion program without first having the approval in writing of the judge of the court having jurisdiction of the case.
ARTICLE 5
42-3-90. A county shall be authorized to establish a diversion center under the direction of the sheriff of the county in which the diversion center is located and a diversion program for the confinement of certain persons who have been found in contempt of court for violation of orders granting temporary or permanent alimony or child support and sentenced pursuant to subsection (c) of Code Section 15-1-4. While in such diversion program, the respondent shall be authorized to travel to and from his or her place of employment and to continue his or her occupation. The official in charge of the diversion program or his or her designee shall prescribe the routes, manner of travel, and periods of travel to be used by the respondent in attending to his or her occupation. If the respondent's occupation requires the respondent to travel away from his or her place of employment, the amount and conditions of such travel shall be approved by the official in charge of the diversion center or his or her designee. When the respondent is not traveling to or from his or her place of employment or engaging in his or her occupation, such person shall be confined in the diversion center during the term of the sentence. With the approval of the sheriff or his or her designee, the respondent may participate in educational or counseling programs offered at the diversion center. While participating in the diversion program, the respondent shall be liable for alimony or child support as previously ordered, including arrears, and his or her income shall be subject to the provisions of Code Sections 19-6-30 through 19-6-33 and Chapter 11 of Title 19. In addition, should any funds remain after payment of child support or alimony, the respondent may be charged and a fee payable to the county operating the diversion program to cover the costs of his or her incarceration and the administration of the diversion program which fee shall be not more than $30.00 per day or the actual per diem cost of maintaining the respondent, whichever is less, for the entire period of time the person is confined to the center and participating in the program. If the respondent fails to comply with any of the requirements imposed upon him or her in accordance with this Code section, nothing shall prevent the sentencing judge from revoking such assignment to a diversion program and providing for alternative methods of incarceration.
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ARTICLE 6
42-3-110. This article shall be known and may be cited as the 'Probation Management Act.'
42-3-111. For purposes of this article, the term:
(1) 'Chief community supervision officer' means the highest ranking field community supervision officer in each judicial circuit. (2) 'Electronic monitoring' means supervising, mapping, or tracking the location of a probationer by means including electronic surveillance, voice recognition, facial recognition, fingerprinting or biometric scan, automated kiosk, automobile ignition interlock device, or global positioning systems which may coordinate data with crime scene information. (3) 'Hearing officer' means an impartial DCS employee or representative who has been selected and appointed to hear alleged cases regarding violations of probation for administrative sanctioning. (4) 'Initial sanction' means the sanction set by the judge upon initial sentencing. (5) 'Options system day reporting center' means a state facility providing supervision of probationers which includes, but is not limited to, mandatory reporting, program participation, drug testing, community service, all special conditions of probation, and general conditions of probation as set forth in Code Section 42-8-35. (6) 'Options system probationer' means a probationer who has been sentenced to the sentencing options system. (7) 'Probation supervision' means a level of probation supervision which includes, but is not limited to, general conditions of probation as set forth in Code Section 42-8-35 and all special conditions of probation. (8) 'Residential substance abuse treatment facility' means a state correctional facility that provides inpatient treatment for alcohol and drug abuse. (9) 'Sentencing options system' means a continuum of sanctions for probationers that includes the sanctions set forth in subsection (c) of Code Section 42-3-113.
42-3-112. (a) In addition to any other terms or conditions of probation provided for under this chapter, the sentencing judge may require that defendants who are sentenced to probation pursuant to subsection (c) of Code Section 42-8-34 be ordered to the sentencing options system. (b) When a defendant has been ordered to the sentencing options system, the court shall retain jurisdiction throughout the period of the probated sentence as provided in subsection (g) of Code Section 42-8-34 and may modify or revoke any part of a probated sentence as provided in Code Section 42-8-34.1 and subsection (c) of Code Section 42-8-38.
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42-3-113. (a) DCS shall be authorized to establish by rules and regulations a system of administrative sanctions as an alternative to judicial modifications or revocations for probationers who violate the terms and conditions of the sentencing options system established under this article. DCS may not, however, sanction probationers for violations of special conditions of probation or general conditions of probation for which the sentencing judge has expressed an intention that such violations be heard by the court pursuant to Code Section 42-8-34.1. (b) DCS shall only impose restrictions which are equal to or less restrictive than the sanction cap set by the sentencing judge. (c) The administrative sanctions which may be imposed by DCS are as follows, from most restrictive to least restrictive:
(1) Probation detention center or residential substance abuse treatment facility; (2) Probation boot camp; (3) DCS day reporting center; (4) Electronic monitoring; (5) Community service; or (6) Probation supervision. (d) DCS may order offenders sanctioned pursuant to paragraphs (1) through (3) of subsection (c) of this Code section to be held in the local jail until transported to a designated facility.
42-3-114. (a) Whenever an options system probationer is arrested on a warrant for an alleged violation of probation, an informal preliminary hearing shall be held within a reasonable time not to exceed 15 days. (b) A preliminary hearing shall not be required when:
(1) The probationer is not under arrest on a warrant; (2) The probationer signed a waiver of a preliminary hearing; or (3) The administrative hearing referred to in Code Section 42-3-115 will be held within 15 days of arrest.
42-3-115. (a) If an options system probationer violates the conditions of probation, DCS may impose administrative sanctions as an alternative to judicial modification or revocation of probation. (b) Upon issuance of a petition outlining the alleged probation violations, the chief community supervision officer, or his or her designee, may conduct a hearing to determine whether an options system probationer has violated a condition of probation. If the chief community supervision officer determines that the probationer has violated a condition of probation, the chief community supervision officer shall be authorized to impose sanctions consistent with paragraphs (4) through (7) of subsection (c) of Code Section 42-3-113. The failure of an options system probationer to comply with a
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sanction imposed by the chief community supervision officer shall constitute a violation of probation.
(c)(1) Upon issuance of a petition outlining the alleged probation violations, the hearing officer may initiate an administrative proceeding to determine whether an options system probationer has violated a condition of probation. If the hearing officer determines by a preponderance of the evidence that the probationer has violated a condition of probation, the hearing officer may impose sanctions consistent with Code Section 42-3-113. (2) The administrative proceeding provided for under this subsection shall be commenced within 15 days but not less than 48 hours after notice of the administrative proceeding has been served on the probationer. The administrative proceeding may be conducted electronically. (d) The failure of a probationer to comply with the sanction or sanctions imposed by the chief community supervision officer or hearing officer shall constitute a violation of probation. (e) An options system probationer may at any time waive a hearing and voluntarily accept the sanctions proposed by DCS.
42-3-116. (a) The hearing officer's decision shall be final unless the options system probationer files a request for review with the senior hearing officer. A request for review must be filed within 15 days of the issuance of DCS's decision. Such request shall not stay DCS's decision. The senior hearing officer shall issue a response within seven days of receipt of the review request. (b) The senior hearing officer's decision shall be final unless the options system probationer files an appeal in the sentencing court. Such appeal shall name the commissioner as defendant and shall be filed within 30 days of the issuance of the decision by the senior hearing officer. (c) This appeal shall first be reviewed by the judge upon the record. At the judge's discretion, a de novo hearing may be held on the decision. The filing of the appeal shall not stay DCS's decision. (d) Where the sentencing judge does not act on the appeal within 30 days of the date of the filing of the appeal, DCS's decision shall be affirmed by operation of law.
42-3-117. Nothing contained in this article shall be construed as repealing any power given to any court of this state to place offenders on probation or to provide conditions of supervision for offenders.
42-3-118. This article shall only apply in judicial circuits where DCS has allocated certified hearing officers.
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42-3-119. This article shall be liberally construed so that its purposes may be achieved."
PART II ADVISORY COUNCIL FOR PROBATION
SECTION 2-1.
Said title is further amended by repealing in its entirety Article 1 of Chapter 8, relating to the Advisory Council for Probation, and designating said article as reserved.
PART III COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL
SECTION 3-1.
(a) The General Assembly finds that: (1) The authorization for county and municipal probation offices and private probation services was enacted to provide cost savings to the state by using state probation services for felony offenders and utilizing county and municipal probation offices and private probation entities which contract with courts for the supervision of misdemeanor and county and city ordinance offenders; (2) In enacting such legislation, the General Assembly intended to authorize judges to use county and municipal probation offices and private probation services providers to supervise misdemeanor and county and city ordinance offenders in the same manner as the judges of the superior courts use state probation services as a means of supervising felony offenders; (3) The General Assembly did not intend to restrict the powers of judges to impose, suspend, toll, revoke, or otherwise manage the probation of misdemeanor and county and city ordinance offenders sentenced in such courts when utilizing county and municipal probation offices and private probation services providers; and (4) The General Assembly intended that county and municipal probation officers and private probation officers, when acting in performance of their official duties in supervising probationers in accordance with law and the orders of a court, would have the same rights, authority, and protections as state probation supervisors.
(b) It is the intention of the General Assembly to improve the use and provision of probation services by courts for misdemeanor and ordinance violations by enacting this part.
SECTION 3-2. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising Article 6 of Chapter 8, relating to agreements for probation services, as follows:
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"ARTICLE 6
42-8-100. (a) As used in this article, the term:
(1) 'Board' means the Board of Community Supervision. 'Council' means the County and Municipal Probation Advisory Council created under Code Section 42-8-101. (2) 'Private probation officer' means a probation officer an individual employed by a private corporation, private enterprise, private agency, or other private entity that provides probation services to supervise defendants placed on probation by a court for committing an ordinance violation or misdemeanor. (3) 'Probation officer' means a person an individual employed by a governing authority of a county, municipality, or consolidated government to supervise defendants placed on probation by a county or municipal court for committing an ordinance violation or misdemeanor. (b) Any county or municipal court which has original jurisdiction of ordinance violations or misdemeanors and in which the defendant in such a case has been found guilty upon verdict or any plea may, at a time to be determined by the court, hear and determine the question of the probation of such defendant. (c) If it appears to the court upon a hearing of the matter that the defendant is not likely to engage in an unlawful course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon the defendant but may stay and suspend the execution of the sentence or any portion thereof or may place him or her on probation under the supervision and control of a probation officer for the duration of such probation, subject to the provisions of this Code section. The period of probation or suspension shall not exceed the maximum sentence of confinement which could be imposed on the defendant. (d) The court may, in its discretion, require the payment of a fine or costs, or both, as a condition precedent to probation. (e) The sentencing judge shall not lose jurisdiction over any person placed on probation during the term of his or her probated sentence. The judge is empowered to revoke any or all of the probated sentence, rescind any or all of the sentence, or, in any manner deemed advisable by the judge, modify or change the probated sentence at any time during the period of time originally prescribed for the probated sentence to run. (f) If a defendant is placed on probation pursuant to this Code section by a county or municipal court other than one for the county or municipality in which he or she resides for committing any ordinance violation or misdemeanor, such defendant may, when specifically ordered by the court, have his or her probation supervision transferred to the county or municipality in which he or she resides.
42-8-101. (g)(a)(1) The chief judge of any court within the a county, with the approval of the governing authority of that such county, is shall be authorized to enter into written
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contracts with corporations, enterprises, or agencies to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in that such court and placed on probation in the such county. In no case shall a private probation corporation or enterprise be charged with the responsibility for supervising a felony sentence. The final contract negotiated by the chief judge with the private probation entity shall be attached to the approval by the governing authority of the county to privatize probation services as an exhibit thereto. The termination of a contract for probation services as provided for in this subsection entered into on or after July 1, 2001, shall be initiated by the chief judge of the court which entered into the contract, and subject to approval by the governing authority of the county which entered into the contract and in accordance with the agreed upon, written provisions of such contract. The termination of a contract for probation services as provided for in this subsection in existence on July 1, 2001, and which contains no provisions relating to termination of such contract shall be initiated by the chief judge of the court which entered into the contract, and subject to approval by the governing authority of the county which entered into the contract and in accordance with the agreed upon, written provisions of such contract. (2) The chief judge of any court within the a county, with the approval of the governing authority of that such county, is authorized to establish a county probation system to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in that such court and placed on probation in the such county. (h)(b)(1) The judge of the municipal court of any municipality or consolidated government of a municipality and county of this state, with the approval of the governing authority of that such municipality or consolidated government, is authorized to enter into written contracts with private corporations, enterprises, or agencies to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed and on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation. The final contract negotiated by the judge with the private probation entity shall be attached to the approval by the governing authority of the municipality or consolidated government to privatize probation services as an exhibit thereto. The termination of a contract for probation services as provided for in this subsection shall be initiated by the chief judge of the court which entered into the contract and shall be subject to approval by the governing authority of the municipality or consolidated government which entered
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into the contract and in accordance with the agreed upon, written provisions of such contract. (2) The judge of the municipal court of any municipality or consolidated government of a municipality and county of this state, with the approval of the governing authority of that such municipality or consolidated government, is authorized to establish a probation system to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed and on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation.
42-8-102. (a) Any court which has original jurisdiction of ordinance violations or misdemeanors and in which the defendant in such a case has been found guilty upon verdict or has pled guilty or nolo contendere may, at a time to be determined by the court, hear and determine the question of the probation of such defendant. (b) If it appears to the court upon a hearing of the matter that the defendant is not likely to engage in an unlawful course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, the court in its discretion may place the defendant on probation under the supervision and control of a probation officer or private probation officer for all or a portion of the sentence or may impose a sentence upon the defendant but stay and suspend the execution of such sentence or any portion thereof. The period of probation or suspension shall not exceed the maximum sentence of confinement which could be imposed on the defendant; provided, however, that nothing in this chapter shall be construed to limit the ability of a court to toll a sentence as provided in this article. (c) The court may, in its discretion, require the payment of a fine, fees, or restitution as a condition of probation. The provisions of Chapter 14 of Title 17 shall control in determining the amount of restitution. When probation supervision is required, the court may require the payment of a probation supervision fee as a condition of probation. In determining the financial obligations, other than restitution, to impose on the defendant, the court may consider:
(1) The defendant's financial resources and other assets, including whether any such asset is jointly controlled; (2) The defendant's earnings and other income; (3) The defendant's financial obligations, including obligations to dependents; (4) The period of time during which the probation order will be in effect; (5) The goal of the punishment being imposed; and (6) Any other factor the court deems appropriate. (d) The court may convert fines, statutory surcharges, and probation supervision fees to community service on the same basis as it allows a defendant to pay a fine through community service as set forth in subsection (d) of Code Section 17-10-1. (e)(1) As used in this subsection, the term:
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(A) 'Developmental disability' shall have the same meaning as set forth in Code Section 37-1-1. (B) 'Indigent' means an individual who earns less than 100 percent of the federal poverty guidelines unless there is evidence that the individual has other resources that might reasonably be used without undue hardship for such individual or his or her dependents. (C) 'Significant financial hardship' means a reasonable probability that an individual will be unable to satisfy his or her financial obligations for two or more consecutive months. (D) 'Totally and permanently disabled' shall have the same meaning as set forth in Code Section 49-4-80. (2) The court shall waive, modify, or convert fines, statutory surcharges, probation supervision fees, and any other moneys assessed by the court or a provider of probation services upon a determination by the court prior to or subsequent to sentencing that a defendant has a significant financial hardship or inability to pay or that there are any other extenuating factors which prohibit payment or collection; provided, however, that the imposition of sanctions for failure to pay such sums shall be within the discretion of the court through judicial process or hearings. (3) Unless rebutted by a preponderance of the evidence that a defendant will be able to satisfy his or her financial obligations without undue hardship to the defendant or his or her dependents, a defendant shall be presumed to have a significant financial hardship if he or she: (A) Has a developmental disability; (B) Is totally and permanently disabled; (C) Is indigent; or (D) Has been released from confinement within the preceding 12 months and was incarcerated for more than 30 days before his or her release. (f)(1) The sentencing judge shall not lose jurisdiction over any person placed on probation during the term of his or her probated sentence. As further set forth in this subsection, the judge may revoke any or all of the probated sentence, rescind any or all of the sentence, or, in any manner deemed advisable by the judge, modify or change the probated sentence, including tolling the sentence as provided in this article, at any time during the period of time originally prescribed for the probated sentence to run. (2) Absent a waiver, the court shall not revoke a probationary sentence for failure to pay fines, statutory surcharges, or probation supervision fees without holding a hearing, inquiring into the reasons for the probationer's failure to pay, and, if a probationary sentence is revoked, making an express written determination that the probationer has not made sufficient bona fide efforts to pay and the probationer's failure to pay was willful or that adequate alternative types of punishment do not exist. Should the probationer fail to appear at such hearing, the court may, in its discretion, revoke the probated sentence.
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(3) A person otherwise found eligible to have his or her probation modified or terminated pursuant to paragraph (1) of this subsection shall not be deemed ineligible for modification or termination of probation solely due to his or her failure to pay fines, statutory surcharges, or probation supervision fees. (4) At any revocation hearing, upon proof that the probationer has violated probation:
(A) For failure to report to probation or failure to pay fines, statutory surcharges, or probation supervision fees, the court shall consider the use of alternatives to confinement, including community service, modification of the terms of probation, or any other alternative deemed appropriate by the court. The court shall consider whether a failure to pay court imposed financial obligations was willful. In the event an alternative is not warranted, the court shall revoke the balance of probation or a period not to exceed 120 days in confinement, whichever is less; and (B) For failure to comply with any other general provision of probation or suspension, the court shall consider the use of alternatives to confinement, including community service or any other alternative deemed appropriate by the court. In the event an alternative is not warranted, the court shall revoke the balance of probation or a period not to exceed two years in confinement, whichever is less. (g) If a defendant is placed on probation pursuant to this Code section by a court other than one for the county or municipality in which he or she resides for committing any ordinance violation or misdemeanor, such defendant may, when specifically ordered by the court, have his or her probation supervision transferred to the county or municipality in which he or she resides.
42-8-103. (a) As used in this Code section, the term 'pay-only probation' means a defendant has been placed under probation supervision solely because such defendant is unable to pay the court imposed fines and statutory surcharges when such defendant's sentence is imposed. Such term shall not include circumstances when restitution has been imposed or other probation services are deemed appropriate by the court. (b) When pay-only probation is imposed, the probation supervision fees shall be capped so as not to exceed three months of ordinary probation supervision fees notwithstanding the number of cases for which a fine and statutory surcharge were imposed or that the defendant was sentenced to serve consecutive sentences; provided, however, that collection of any probation supervision fee shall terminate as soon as all court imposed fines and statutory surcharges are paid in full. (c) On petition by a probation officer or private probation officer and with the probationer having an opportunity for a hearing, the court may reinstate probation supervision fees to allow for monitoring of a probationer and may:
(1) Convert a sentence to community service; or (2) Require other probation services for the probationer.
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42-8-104. (a) A court which utilizes the services of a probation officer or private probation officer shall determine the terms and conditions of probation under this article and may provide such terms and conditions of probation as the court deems appropriate, including, but not limited to, providing that the probationer shall:
(1) Avoid injurious and vicious habits; (2) Avoid persons or places of disreputable or harmful character; (3) Report to the probation officer or private probation officer, as the case may be, as directed; (4) Permit the probation officer or private probation officer, as the case may be, to visit the probationer at the probationer's home or elsewhere; (5) Work faithfully at suitable employment insofar as may be possible; (6) Remain within a specified location; provided, however, that the court shall not banish a probationer to any area within this state:
(A) That does not consist of at least one entire judicial circuit as described by Code Section 15-6-1; or (B) In which any service or program in which the probationer must participate as a condition of probation is not available; (7) Make reparation or restitution to any aggrieved person for the damage or loss caused by the probationer's offense, in an amount to be determined by the court in accordance with the provisions of Article 1 of Chapter 14 of Title 17. Unless otherwise provided by law, no reparation or restitution to any aggrieved person for the damage or loss caused by the probationer's offense shall be made if the amount is in dispute unless the same has been determined as provided in Article 1 of Chapter 14 of Title 17; (8) Make reparation or restitution as reimbursement to a municipality or county for the payment for medical care furnished to the person while incarcerated pursuant to the provisions of Article 3 of Chapter 4 of this title. No reparation or restitution to a local governmental unit for the provision of medical care shall be made if the amount is in dispute unless the same has been determined as provided in Article 1 of Chapter 14 of Title 17; (9) Repay the costs incurred by any municipality or county for wrongful actions by an inmate covered under the provisions of paragraph (1) of subsection (a) of Code Section 42-4-71; (10) Support the probationer's legal dependents to the best of the probationer's ability; (11) Violate no local, state, or federal laws and be of general good behavior; (12) If permitted to move or travel to another state, agree to waive extradition from any jurisdiction where the probationer may be found and not contest any effort by any jurisdiction to return the probationer to this state; (13) Submit to evaluations and testing relating to rehabilitation and participate in and successfully complete rehabilitative programming as directed by the court, including periodic screening for drugs and alcohol as ordered by the court and mental health evaluations as ordered by the court. The court may assess and the probation officer or
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private probation officer, as the case may be, shall be authorized to collect the costs or a portion of the costs, as determined by the court, of such evaluations, testing, rehabilitation programs, and screenings from the probationer; (14) Wear a device capable of tracking the location of the probationer by means including electronic surveillance or global positioning satellite systems. The court may assess and the probation officer or private probation officer, as the case may be, shall collect fees from the probationer for such monitoring at a rate not to exceed the rate set forth in the contract between the probation office and the provider of services; (15) Wear a device capable of detecting drug or alcohol use by the probationer. The court may assess and the probation officer or private probation officer, as the case may be, shall collect fees from the probationer for such monitoring at a rate not to exceed the amount charged for such monitoring by the Department of Community Supervision; and (16) Complete a residential or nonresidential program for substance abuse or mental health treatment as indicated by a risk and needs assessment for which the court may assess, and the probation officer or private probation officer, as the case may be, shall be authorized to collect the costs of or a portion of the costs, as determined by the court, of such program from the probationer. (b) Nothing in this Code section shall be construed as prohibiting a court in appropriate circumstances from imposing additional special conditions of probation unless otherwise prohibited by law.
42-8-105. (a) It shall be the duty of a probationer, as a condition of probation, to keep his or her probation officer or private probation officer, as the case may be, informed as to his or her contact information, including residence and mailing address, telephone number, and e-mail address. The court may also require, as a condition of probation and under such terms as the court deems advisable, that the probationer keep his or her probation officer or private probation officer, as the case may be, informed as to his or her whereabouts.
(b)(1) The running of a probated sentence may be tolled upon the failure of a probationer to appear in court for a probation revocation hearing or to report as directed to his or her probation officer or private probation officer, as the case may be; either of such failures shall be evidenced by an affidavit from the probation officer or private probation officer, as the case may be, setting forth such failure and stating efforts made by such officer to contact the probationer. When the allegation is for failure to report, such affidavit shall include, at a minimum, an averment by the probation officer or private probation officer that:
(A) The probationer has failed to report to his or her probation officer or private probation officer, as the case may be, on at least two occasions; (B) The officer has attempted to contact the probationer at least two times by telephone or e-mail at the probationer's last known telephone number or e-mail address, which information shall be listed in the affidavit;
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(C) The officer has checked the local jail rosters and determined that the probationer is not incarcerated; (D) The officer has sent a letter by first-class mail to the probationer's last known address, which shall be listed in the affidavit, advising the probationer that the officer will seek a tolling order if the probationer does not report to such officer, either by telephone or in person, within ten days of the date on which the letter was mailed; and (E) The probationer has failed to report to the probation officer or private probation officer, as the case may be, as directed in the letter set forth in subparagraph (D) of this paragraph and ten days have passed since the date on which the letter was mailed. (2) In the event the probationer reports to his or her probation officer or private probation officer, as the case may be, within the period prescribed in subparagraph (D) of paragraph (1) of this subsection, the probationer shall be scheduled to appear on the next available court calendar for a hearing to consider whether the probation sentence should be tolled. (c) Upon receipt of the affidavit required by subsection (b) of this Code section, the court may, in its discretion, toll the probated sentence. (d) The effective date of the tolling of the sentence shall be the date the court enters a tolling order and shall continue until the probationer personally reports to the probation officer or private probation officer, as the case may be, is taken into custody in this state, or is otherwise available to the court, whichever event first occurs. (e) Any tolled period of time shall not be included in computing creditable time served on probation or as any part of the time that the probationer was sentenced to serve. (f) Any unpaid fines, restitution, or other moneys owed as a condition of probation shall be due when the probationer is arrested; provided, however, that if the entire balance of his or her probation is revoked, all the conditions of probation, including moneys owed, shall be negated by his or her imprisonment. If only part of the balance of the probation is revoked, the court shall determine the probationer's responsibility for the amount of the unpaid fines, restitution, and other moneys owed that shall be imposed upon his or her return to probation after release from imprisonment and may reduce arrearages under the same circumstances and conditions as set forth in subsection (f) of Code Section 42-8-102.
42-8-101. 42-8-106. (a) There is created the County and Municipal Probation Advisory Council, to be an advisory council with respect to the provisions of this article composed of one superior court judge designated by The Council of Superior Court Judges of Georgia, one state court judge designated by The Council of State Court Judges of Georgia, one municipal court judge designated by the Council of Municipal Court Judges of Georgia, one sheriff appointed by the Governor, one probate court judge designated by The Council of Probate Court Judges of Georgia, one magistrate designated by the Council of Magistrate Court Judges, the commissioner of corrections or his or her designee one
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attorney who specializes in criminal defense appointed by the Governor, one public probation officer appointed by the Governor, and one private probation officer or individual with expertise in private probation services by virtue of his or her training or employment appointed by the Governor, one mayor or member of a municipal governing authority appointed by the Governor, and one county commissioner appointed by the Governor. The appointing authority shall determine the length of its appointee's term serving on such council. The advisory council shall elect a chairperson from among its membership and such other officers as it deems necessary. Members of the council appointed by the Governor shall be appointed for terms of office of four years. With the exceptions of the public probation officer, the county commissioner, the sheriff, the mayor or member of a municipal governing authority, and the commissioner of corrections, each designee or representative shall be employed in their representative capacity in a judicial circuit operating under a contract with a private corporation, enterprise, or agency as provided under Code Section 42-8-100. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment. In the event of death, resignation, disqualification, or removal for any reason of any member of the council, the vacancy shall be filled in the same manner as the original appointment and any successor shall serve for the unexpired term. Such council shall promulgate rules and regulations regarding contracts or agreements for the provision of probation services and the conduct of business by private entities providing probation services and county, municipal, or consolidated governments establishing probation systems as authorized by this article. (b) The business of the council shall be conducted in the following manner:
(1) The council shall annually elect a chairperson and a vice chairperson from among its membership. The offices of chairperson and vice chairperson shall be filled in such a manner that they are not held in succeeding years by representatives of the same component (law enforcement, courts, corrections) of the criminal justice system; (2) The council shall meet at such times and places as it shall determine necessary or convenient to perform its duties. The council shall also meet on the call of the chairperson or at the written request of three of its members; (3) The council shall maintain minutes of its meetings and such other records as it deems necessary; and (4) The council shall adopt such rules for the transaction of its business as it shall desire and may appoint such committees as it considers necessary to carry out its business and duties. (c) Members of the council shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the council is in attendance at a meeting of such council, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal motor vehicle in connection with such attendance as members of the General Assembly receive. Payment of such expense and travel allowance shall be subject to availability of funds and shall be in
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lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. (d) The council is assigned to the Administrative Office of the Courts for administrative purposes only in accordance with Code Section 50-4-3. The funds necessary to carry out the provisions of this article shall come from funds appropriated to the Administrative Office of the Courts or otherwise available to the council. The council is authorized to accept and use grants of funds for the purpose of carrying out the provisions of this article. (e)(b) The council board shall have the following powers and duties; provided that, with respect to promulgating the rules, regulations, and standards set forth in this subsection, the board shall act only upon consultation with and approval by the advisory board:
(1) To promulgate rules and regulations for the administration of the council, including rules of procedure for its internal management and control; (2)(1) To review the uniform professional standards for private probation officers and uniform contract standards for private probation contracts established in Code Section 42-8-102 42-8-107 and submit a report with its recommendations to the General Assembly; (3)(2) To promulgate rules and regulations to implement those uniform professional standards for probation officers employed by a governing authority of a county, municipality, or consolidated government that has established probation services and uniform agreement standards for the establishment of probation services by a county, municipality, or consolidated government established in Code Section 42-8-102 42-8107; (4)(3) To promulgate rules and regulations establishing a 40 hour initial orientation for newly hired private probation officers and for 20 hours per annum of continuing education for private probation officers, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a probation or parole officer basic course of training for supervision of probationers or parolees certified by the Georgia Peace Officer Standards and Training Council or any private probation officer who has been employed by a private probation corporation, enterprise, or agency for at least six months as of July 1, 1996; (5)(4) To promulgate rules and regulations establishing a 40 hour initial orientation for probation officers employed by a county, municipality, or consolidated government that has established probation services and for 20 hours per annum of continuing education for such probation officers, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a probation or parole officer basic course of training for supervision of probationers or parolees certified by the Georgia Peace Officer Standards and Training Council or any probation officer who has been employed by a county, municipality, or consolidated government as of March 1, 2006;
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(6)(5) To promulgate rules and regulations relative to compliance with the provisions of this article, and enforcement mechanisms that may include, but are not limited to, the imposition of sanctions and fines and the voiding of contracts or agreements; (7)(6) To promulgate rules and regulations establishing registration for any private corporation, private enterprise, private agency, county, municipality, or consolidated government providing probation services under the provisions of this article, subject to the provisions of Code Section 42-8-107 42-8-109.3; (8)(7) To produce an annual summary report. Such report shall not contain information identifying individual private corporations, nonprofit corporations, or enterprises or their contracts; and (9)(8) To promulgate rules and regulations requiring criminal record checks of individuals seeking to become private probation officers registered under this Code section and establishing procedures for such criminal record checks. The Administrative Office of the Courts Department of Community Supervision on behalf of the council board shall conduct a criminal records check for individuals seeking to become probation officers as provided in Code Section 35-3-34. No applicant shall be registered who has previously been convicted of a felony. The council board shall promulgate rules and regulations regarding registration requirements, including relating to restrictions regarding misdemeanor convictions. An agency or private entity shall also be authorized to conduct a criminal history background check of a person employed as a probation officer or an applicant for a probation officer position private probation officer or individuals seeking such positions. The criminal history check may be conducted in accordance with Code Section 35-3-34 and may be based upon the submission of fingerprints of the person individual whose records are requested. The Georgia Bureau of Investigation shall submit the fingerprints to the Federal Bureau of Investigation under the rules established by the United States Department of Justice for processing and identification of records. The federal record, if any, shall be obtained and returned to the requesting entity or agency; (9) To create committees from among the membership of the board as well as appoint other persons to serve in an advisory capacity to the board in implementing this article; and (10) To promulgate rules and regulations requiring probation officers and private probation officers to be registered with the board, pay a fee for such registration, and provide for the imposition of sanctions and fines on such officers for misconduct.
42-8-102. 42-8-107. (a) The uniform professional standards contained in this subsection shall be met by any person employed as and using the title of a private probation officer or probation officer. Any such person shall be at least 21 years of age at the time of appointment to the position of private probation officer or probation officer and must shall have completed a standard two-year college course or have four years of law enforcement experience; provided, however, that any person employed as a private probation officer as of July 1, 1996, and who had at least six months of experience as a private probation
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officer or any person employed as a probation officer by a county, municipality, or consolidated government as of March 1, 2006, shall be exempt from such college requirements. Every private probation officer shall receive an initial 40 hours of orientation upon employment and shall receive 20 hours of continuing education per annum as approved by the council board, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a probation or parole officer basic course of training for supervision of probationers or parolees certified by the Peace Officer Standards and Training Council or any private probation officer who has been employed by a private probation corporation, enterprise, or agency for at least six months as of July 1, 1996, or any person employed as a probation officer by a county, municipality, or consolidated government as of March 1, 2006. In no event shall any person convicted of a felony be employed as a probation officer or utilize the title of private probation officer. (b) The uniform contract standards contained in this subsection shall apply to all private probation contracts executed under the authority of Code Section 42-8-100 428-101. The terms of any such contract shall state, at a minimum:
(1) The extent of the services to be rendered by the private corporation or enterprise providing probation supervision; (2) Any requirements for staff qualifications, to include including those contained in this Code section as well as any surpassing those contained in this Code section; (3) Requirements for criminal record checks of staff in accordance with the rules and regulations established by the council board; (4) Policies and procedures for the training of staff that comply with rules and regulations promulgated by the council board; (5) Bonding of staff and liability insurance coverage; (6) Staffing levels and standards for offender supervision, including frequency and type of contacts with offenders; (7) Procedures for handling the collection of all court ordered fines, fees, and restitution; (8) Procedures for handling indigent offenders to ensure placement of such indigent offenders irrespective of the ability to pay; (9) Circumstances under which revocation of an offender's probation may be recommended; (10) Reporting and record-keeping requirements; and (11) Default and contract termination procedures. (c) The uniform contract standards contained in this subsection shall apply to all counties, municipalities, and consolidated governments that enter into agreements with a judge to provide probation services under the authority of Code Section 42-8-100 428-101. The terms of any such agreement shall state at a minimum: (1) The extent of the services to be rendered by the local governing authority providing probation services; (2) Any requirements for staff qualifications, to include including those contained in this Code section;
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(3) Requirements for criminal record checks of staff in compliance with the rules and regulations established by the council board; (4) Policies and procedures for the training of staff that comply with the rules and regulations established by the council board; (5) Staffing levels and standards for offender supervision, including frequency and type of contacts with offenders; (6) Procedures for handling the collection of all court ordered fines, fees, and restitution; (7) Circumstances under which revocation of an offender's probation may be recommended; (8) Reporting and record-keeping requirements; and (9) Default and agreement termination procedures. (d) The council board shall review the uniform professional standards and uniform contract and agreement standards contained in subsections (a), (b), and (c) of this Code section and shall submit a report on its findings to the General Assembly. The council board shall submit its initial report on or before January 1, 2007 2017, and shall continue such reviews every two years thereafter. Nothing contained in such report shall be considered to authorize or require a change in the such standards without action by the General Assembly having the force and effect of law. Such This report shall provide information which will allow the General Assembly to review the effectiveness of the minimum professional standards and, if necessary, to revise these such standards. This subsection shall not be interpreted to prevent the council board from making recommendations to the General Assembly prior to its required review and report.
42-8-103. 42-8-108. (a) Any private corporation, private enterprise, or private agency contracting to provide probation services or any county, municipality or consolidated government entering into an agreement under the provisions of this article shall provide to the judge with whom the contract or agreement was made and the council board a quarterly report summarizing the number of offenders under supervision; the amount of fines, statutory surcharges, and restitution collected; the amount of fees collected and the nature of such fees, including probation supervision fees, rehabilitation programming fees, electronic monitoring fees, drug or alcohol detection device fees, substance abuse or mental health evaluation or treatment fees, and drug testing fees; the number of community service hours performed by probationers under supervision; a listing of any other service for which a probationer was required to pay to attend; the number of offenders for whom supervision or rehabilitation has been terminated and the reason for the termination; and the number of warrants issued during the quarter, in such detail as the council board may require. Information reported pursuant to this subsection shall be annually submitted to the governing authority that entered into such contract and thereafter be subject to disclosure pursuant to Article 4 of Chapter 18 of Title 50. Local governments are encouraged to post electronic copies of the annual report on the local government's website, if such website exists.
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(b) All records of any private corporation, private enterprise, or private agency contracting to provide services or of any county, municipality, or consolidated government entering into an agreement under the provisions of this article shall be open to inspection upon the request of the affected county, municipality, consolidated government, court, the Department of Audits and Accounts, an auditor appointed by the affected county, municipality, or consolidated government, Department of Corrections, Department of Community Supervision, State Board of Pardons and Paroles, or the council or its designee board.
42-8-104. 42-8-109. (a) No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor any employees of such entities shall engage in any other employment, business, or activity which interferes or conflicts with the duties and responsibilities under contracts authorized in this article. (b) No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor its employees shall have personal or business dealings, including the lending of money, with probationers under their supervision.
(c)(1) No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor any employees of such entities, shall own, operate, have any financial interest in, be an instructor at, or be employed by any private entity which provides drug or alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services. (2) No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor any employees of such entities shall specify, directly or indirectly, a particular DUI Alcohol or Drug Use Risk Reduction Program which a probationer may or shall attend. This paragraph shall not prohibit furnishing any probationer, upon request, with the names of certified DUI Alcohol or Drug Use Risk Reduction Programs. Any person violating this paragraph shall be guilty of a misdemeanor.
42-8-105. 42-8-109.1. (a) No county, municipality, or consolidated government probation officer or other probation office employee shall engage in any other employment, business, or activity which interferes or conflicts with the officer's or employee's duties and responsibilities under agreements authorized in this article. (b) No county, municipality, or consolidated government probation officer or other probation office employee shall have personal or business dealings, including the lending of money, with probationers under the supervision of such probation office.
(c)(1) No county, municipality, or consolidated government probation officer or other probation office employee shall own, operate, have any financial interest in, be an instructor at, or be employed by any private entity which provides drug or alcohol
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education services or offers a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services. (2) No county, municipality, or consolidated government that provides probation services through agreement under the provisions of this article nor any employees of such shall specify, directly or indirectly, a particular DUI Alcohol or Drug Use Risk Reduction Program which a probationer may or shall attend. This paragraph shall not prohibit furnishing any probationer, upon request, with the names of certified DUI Alcohol or Drug Use Risk Reduction Programs. Any person violating this paragraph shall be guilty of a misdemeanor.
42-8-106. 42-8-109.2. (a) Except as provided in subsection (a) of Code Section 42-8-108 and subsection (b) of this Code section, all All reports, files, records, and papers of whatever kind relative to the supervision of probationers by a private corporation, private enterprise, or private agency contracting under the provisions of this article or by a county, municipality, or consolidated government providing probation services under this article are declared to be confidential and shall be available only to the affected county, municipality, or consolidated government, or an auditor appointed by such county, municipality, or consolidated government, the judge handling a particular case, the Department of Audits and Accounts, Department of Corrections, Department of Community Supervision, State Board of Pardons and Paroles, or the council or its designee board.
(b)(1) Any probationer under supervision under this article shall: (A) Be provided with a written receipt and a balance statement each time he or she makes a payment; (B) Be permitted, upon written request, to have a copy of correspondence, payment records, and reporting history from his or her probation file, one time, and thereafter, he or she shall be required to pay a fee as set by the board; provided, however, that the board shall promulgate rules and regulations clarifying what confidential information may be withheld from such disclosure; and (C) Be permitted, upon written request to the board, to have a copy of the supervision case notes from his or her probation file when the commissioner of community supervision authorizes the release of such information in a written order; provided, however, that the board shall promulgate rules and regulations clarifying what confidential information may be withheld from such disclosure.
(2) When a probationer claims that information is being improperly withheld from his or her file, the probationer may file a motion with the sentencing court seeking an in camera inspection of such file. The probationer shall serve such motion on the prosecuting attorney and probation officer or private probation officer as appropriate. (3) The following shall be subject to disclosure pursuant to Article 4 of Chapter 18 of Title 50:
(A) The board's rules and regulations regarding contracts or agreements for the provision of probation services;
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(B) The board's rules and regulations regarding the conduct of business by private entities providing probation services as authorized by this article; (C) The board's rules and regulations regarding county, municipal, or consolidated governments establishing probation systems as authorized by this article; and (D) The rules, regulations, operating procedures, and guidelines of any private corporation, private enterprise, or private agency providing probation services under the provisions of this article. (b)(c) In the event of a transfer of the supervision of a probationer from a private corporation, private enterprise, or private agency or county, municipality, or consolidated government providing probation services under this article to the Department of Corrections Community Supervision, the Department of Corrections Community Supervision shall have access to any relevant reports, files, records, and papers of the transferring entity. All reports, files, records, and papers of whatever kind relative to the supervision of probationers by private corporations, private enterprises, or private agencies under contracts authorized by this article or by a county, municipality, or consolidated government providing probation services under this article shall not be subject to process of subpoena.
42-8-107. 42-8-109.3. (a)(1) All private corporations, private enterprises, and private agencies contracting or offering to contract for probation services shall register with the council board before entering into any contract to provide services. Any private corporation, private enterprise, or private agency registered with the County and Municipal Probation Advisory Council on or before June 30, 2015, shall be deemed registered with the board; provided, however, that the board shall be authorized to review such contract and shall be responsible for subsequent renewals or changes to such contract. The information included in such registration shall include the name of the corporation, enterprise, or agency, its principal business address and telephone number, the name of its agent for communication, and other information in such detail as the council board may require. No registration fee shall be required. (2) Any private corporation, private enterprise, or private agency required to register under the provisions of paragraph (1) of this subsection which fails or refuses to do so shall be subject to revocation of any existing contracts, in addition to any other fines or sanctions imposed by the council board. (b)(1) All counties, municipalities, and consolidated governments agreeing or offering to agree to establish a probation system shall register with the council board before entering into an agreement with the court to provide services. Any county, municipality, or consolidated government that has a probation system registered with the County and Municipal Probation Advisory Council on or before June 30, 2015, shall be deemed registered with the board; provided, however, that the board shall be authorized to review such systems and shall be responsible for subsequent renewals or changes to such systems. The information included in such registration shall include the name of the county, municipality, or consolidated government, the principal
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business address and telephone number, a contact name for communication with the council board, and other information in such detail as the council board may require. No registration fee shall be required. (2) Any county, municipality, or consolidated government required to register under the provisions of paragraph (1) of this subsection which fails or refuses to do so shall be subject to revocation of existing agreements, in addition to any other sanctions imposed by the council board.
42-8-108. 42-8-109.4. (a) The probation providers standards contained in this Code section shall be met by private corporations, private enterprises, or private agencies who that enter into written contracts for probation services under the authority of Code Section 42-8-100 on or after July 1, 2006 42-8-101. Any private corporation, private enterprise, or private agency which fails to meet the standards established in this subsection on or after July 1, 2006, shall not be eligible to provide probation services in this state. All private corporations, private enterprises, or private agencies who that enter into written contracts for probation services under the authority of Code Section 42-8-100 on or after July 1, 2006, 42-8-101 shall:
(1) Register with the board; (1)(2) Meet all requirements as outlined in subsection (b) of Code Section 42-8-102 42-8-107, relating to uniform contract standards; (2)(3) Not own or control any finance business or lending institution which makes loans to probationers under its supervision for the payment of probation fees or fines; and (3)(4) Employ at least one person who is responsible for the direct supervision of private probation officers employed by the corporation, enterprise, or agency and who shall have at least five years' experience in corrections, parole, or probation services. (b) The standards contained in this subsection shall be met by all counties, municipalities, or consolidated governments entering into written agreements to provide probation services to any court under the authority of Code Section 42-8-100 on or after July 1, 2006 42-8-101. Any county, municipality, or consolidated government which fails to meet the standards established in this subsection on or after July 1, 2006, shall not be eligible to provide probation services. All counties, municipalities, or consolidated governments which enter into written agreements to provide probation services under the authority of Code Section 42-8-100 on or after July 1, 2006, 42-8101 shall: (1) Register with the council board; (2) Meet the requirements of subsection (c) of Code Section 42-8-102 42-8-107; and (3) Employ at least one person who is responsible for the direct supervision of probation officers employed by the governing authority and who shall have at least five years' experience in corrections, parole, or probation services; provided, however, that the five-year experience requirement shall not apply to any such supervisor
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employed by a county, municipality, or consolidated government which was engaged in the provision of probation services on April 15, 2006.
42-8-109.5. Whenever a probationer is under supervision by a community supervision officer, as such term is defined in Code Section 42-3-1, and sentenced to misdemeanor probation, the court shall determine whether the continuing supervision shall be performed by a community supervision officer, private probation officer, or probation officer."
PART IV STATE-WIDE PROBATION SYSTEM
SECTION 4-1.
Said title is further amended by revising Article 2 of Chapter 8, relating to the state-wide probation system, as follows:
"ARTICLE 2
42-8-20. This article shall be known and may be cited as the 'State-wide Probation Act.'
42-8-21. Reserved. As used in this article, the term:
(1) 'DCS' means the Department of Community Supervision. (2) 'Officer' means a community supervision officer as defined in Code Section 42-31.
42-8-22. There is created a state-wide probation system for felony offenders to be administered by the Department of Corrections. The probation system shall not be administered as part of the duties and activities of the State Board of Pardons and Paroles DCS. Separate files and records shall be kept with relation to the system.
42-8-23. (a) As used in this Code section, the term 'chief probation officer' means the highest ranking field probation officer in each judicial circuit who does not have direct supervision of the probationer who is the subject of the hearing. (b) DCS The department shall administer the supervision of felony probationers. (c) If graduated sanctions have been made a condition of probation by the court and if a probationer violates the conditions of his or her probation, other than for the commission of a new offense, the department DCS may impose graduated sanctions as
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an alternative to judicial modification or revocation of probation, provided that such graduated sanctions are approved by a chief probation officer. (d) The failure of a probationer to comply with the graduated sanction or sanctions imposed by the department DCS shall constitute a violation of probation. (e) A probationer may at any time voluntarily accept the graduated sanctions proposed by the department DCS.
(f)(1) DCS's The department's decision shall be final unless the probationer files an appeal in the sentencing court. Such appeal shall be filed within 30 days of the issuance of the decision by the department DCS. (2) Such appeal shall first be reviewed by the judge sentencing court upon the record. At the judge's court's discretion, a de novo hearing may be held on the decision. The filing of the appeal shall not stay the department's DCS's decision. (3) When the sentencing judge court does not act on the appeal within 30 days of the date of the filing of the appeal, the department's DCS's decision shall be affirmed by operation of law. (g) Nothing contained in this Code section shall alter the relationship between judges and probation supervisors officers prescribed in this article nor be construed as repealing any power given to any court of this state to place offenders on probation or to supervise offenders.
42-8-24. (a) As used in this Code section, the term 'split sentence' means any felony sentence that includes a term of imprisonment followed by a term of probation. (b) It shall be the duty of the department DCS to supervise and direct the work of the probation supervisors officers provided for in Code Section 42-8-25 and to keep accurate files and records on all probation cases, split sentence cases, parole cases, persons released pursuant to Code Section 17-10-1, and persons on probation under supervision. It shall be the duty of the board Board of Community Supervision to promulgate rules and regulations necessary to effectuate the purposes of this chapter.
42-8-25. DCS The department shall employ probation supervisors. The department officers. DCS may assign one supervisor officer to each judicial circuit in this state or, for purposes of assignment, may consolidate two or more judicial circuits and assign one supervisor officer thereto. In the event the department DCS determines that more than one supervisor officer is needed for a particular circuit, an additional supervisor or additional supervisors officers may be assigned to the circuit. DCS The department is authorized to direct any probation supervisor officer to assist any other probation supervisor officer wherever assigned. In the event that more than one supervisor officer is assigned to the same office or to the same division within a particular judicial circuit, the department DCS shall designate one of the supervisors officers to be in charge.
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42-8-26. (a)(1) In order for a person to hold the office of probation supervisor be an officer, he or she must shall be at least 21 years of age at the time of appointment and must shall have completed a standard two-year college course, provided that any person who is employed as a probation supervisor on or before July 1, 1972, shall not be required to meet the educational requirements specified in this Code section, nor shall he or she be prejudiced in any way for not possessing the requirements. The qualifications provided in this Code section are the minimum qualifications, and the department DCS is authorized to prescribe such additional and higher educational qualifications from time to time as it deems desirable, but not to exceed a four-year standard college course. (2) After January 1, 2016, in order for a person to be an officer, he or she shall complete the basic course of training for supervision of probations and parolees certified by the Peace Officer Standards and Training Council; provided, however, that such requirement shall be waived if such person is a certified peace officer.
(b) The compensation of the probation supervisors officers shall be set pursuant to the rules of the State Personnel Board. Officers Probation supervisors shall also be allowed travel and other expenses as are other state employees.
(c)(1) No supervisor officer shall engage in any other employment, business, or activities which interfere or conflict with his or her duties and responsibilities as probation supervisor an officer. (2) No supervisor officer shall own, operate, have any financial interest in, be an instructor at, or be employed by any private entity which provides drug or alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services. (3) No supervisor officer shall specify, directly or indirectly, a particular DUI Alcohol or Drug Use Risk Reduction Program which a probationer may or shall attend. This paragraph shall not prohibit any supervisor such officer from furnishing any probationer, upon request, the names of certified DUI Alcohol or Drug Use Risk Reduction Programs. Any supervisor officer violating this paragraph shall be guilty of a misdemeanor. (d) Each probation supervisor officer shall give bond in such amount as may be fixed by the department payable to the department DCS for the use of the person or persons damaged by his or her misfeasance or malfeasance and conditioned on the faithful performance of his or her duties. The cost of the bond shall be paid by the department DCS; provided, however, that the bond may be procured, either by the department DCS or by the Department of Administrative Services, under a master policy or on a group blanket coverage basis, where only the number of positions in each judicial circuit and the amount of coverage for each position are listed in a schedule attached to the bond; and in such case each individual shall be fully bonded and bound as principal, together with the surety, by virtue of his or her holding the position or performing the duties of probation supervisor officer in the circuit or circuits, and his or her individual signature
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shall not be necessary for such bond to be valid in accordance with all the laws of this state. The bond or bonds shall be made payable to the department DCS.
42-8-27. An officer The probation supervisor shall supervise and counsel probationers and parolees in the judicial circuit to which he or she is assigned. Each supervisor officer shall perform the duties prescribed in this chapter and such other duties as are prescribed by the department DCS and shall make and keep such any records and files and make such reports as are required of him or her by DCS, the State Board of Pardons and Paroles, or a court.
42-8-28. Officers Probation supervisors shall be assigned among the respective judicial circuits based generally on the relative number of persons on probation and parole in each circuit.
42-8-29. (a) It shall be the duty of the probation supervisor each officer to investigate all cases referred to him or her by the court and to make his findings and report thereon in writing to the court with his a recommendation. The superior court may require, before imposition of sentence, a presentence investigation and written report in each felony case in which the defendant has entered a plea of guilty or nolo contendere or has been convicted. (b) An officer The probation supervisor shall cause to be delivered to each person placed on probation under his or her supervision a certified copy of the terms of probation and any change or modification thereof and shall cause the person to be instructed regarding the same. An officer He shall keep informed concerning the conduct, habits, associates, employment, recreation, and whereabouts of the probationer or parolee by visits, by requiring reports, or in other ways. He shall make such reports in writing or otherwise as the court may require. He An officer shall use all practicable and proper methods to aid and encourage persons on probation or parole and to bring about improvements in their conduct and condition. He shall keep records on each probationer referred to him.
42-8-29.1. (a) When a convicted person is committed to an institution under the jurisdiction of the department Department of Corrections, any presentence or post-sentence investigation or psychological evaluation compiled by a probation supervisor or other probation official an officer shall be forwarded to any division or office designated by the commissioner of corrections. Accompanying this such document or evaluation will shall be the case history form and the criminal history sheets from the Federal Bureau of Investigation or the Georgia Crime Information Center, if available, unless any such information has previously been sent to the department Department of Corrections
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pursuant to Code Section 42-5-50. A copy of these same such documents shall be made available for the State Board of Pardons and Paroles. A copy of one or more of these such documents, based on need, may be forwarded to another institution to which the defendant may be committed. (b) The prison or institution receiving these such documents shall maintain the confidentiality of the documents and the information contained therein and shall not send them or release them, release, or reveal them to any other person, institution, or agency without the express consent of the probation unit which originated or accumulated the documents.
42-8-30. In the counties where no juvenile probation system exists, juvenile offenders, upon direction of the court, shall be supervised by probation supervisors. Other than in this respect, nothing in this article shall be construed to change or modify any law relative to probation as administered by any juvenile court in this state.
42-8-30.1. In any county where the chief judge of the superior court, state court, municipal court, probate court, or magistrate court has provided for probation services for such court through agreement with a private corporation, enterprise, or agency or has established a county or municipal probation system for such court pursuant to Code Section 42-8-100 Article 6 of this chapter, the provisions of this article relating to probation supervision services shall not apply to defendants sentenced in any such court.
42-8-31. No probation supervisor officer shall collect or disburse any funds whatsoever, except by written order of the court; and it shall be the duty of the supervisor officer to transmit a copy of the such order to the department DCS not later than 15 days after it has been issued by the court. Every supervisor officer who collects or disburses any funds whatsoever shall faithfully keep the records of accounts as are required by the department DCS, which records shall be subject to inspection by the department DCS at any time. In every instance where when a bank account is required, it shall be kept in the name of the 'State Probation Office.' Department of Community Supervision.
42-8-32. No probation supervisor officer shall be directed to collect any funds other than funds directed to be paid as the result of a criminal proceeding.
42-8-33. (a) DCS The department shall make periodic audits of each probation supervisor officer who, by virtue of his the officer's duties, has any moneys, fines, court costs, property, or other funds coming into his the officer's control or possession or being disbursed by him. The department such officer. DCS shall keep a permanent record of
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the audit of each probation supervisor's officer's accounts on file. It shall be the duty of the employee of the department DCS conducting the audit to notify the department DCS in writing of any discrepancy of an illegal nature that might result in prosecution. DCS The department shall have the right to interview and make inquiry of certain selected payors or recipients of funds, as it may choose, without notifying the probation supervisor officer, to carry out the purposes of the audit. The employee who conducts the audit shall be required to give bond in such amount as may be set by the department DCS, in the same manner and for the same purposes as provided under Code Section 42-8-26 for the bonds of probation supervisors officers. The bond shall bind the employee and his the employee's surety in the performance of his the employee's duties. (b) Any overpayment of fines, restitutions, or other moneys owed as a condition of probation shall not be refunded to the probationer if the amount of such the overpayment is less than $5.00.
42-8-34. (a) Any court of this state which has original jurisdiction of criminal actions, except juvenile courts, municipal courts, and probate courts, in which the defendant in a criminal case has been found guilty upon verdict or plea or has been sentenced upon a plea of nolo contendere, except for an offense punishable by death or life imprisonment, may, at a time to be determined by the court, hear and determine the question of the probation of such defendant. (b) Prior to the sentencing hearing, the court may refer the case to the probation supervisor an officer of the circuit in which the court is located for investigation and recommendation. The court, upon such reference, shall direct the supervisor an officer to make an investigation and to report to the court, in writing at a specified time, upon the circumstances of the offense and the criminal record, social history, and present condition of the defendant, together with the supervisor's officer's recommendation; and it shall be the duty of the supervisor such officer to carry out the directive of the court. (c) Subject to the provisions of subsection (a) of Code Section 17-10-1 and subsection (f) of Code Section 17-10-3, if it appears to the court upon a hearing of the matter that the defendant is not likely to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon the defendant but may stay and suspend the execution of the sentence or any portion thereof or may place him or her on probation under the supervision and control of the probation supervisor officer for the duration of such probation the sentence. The period of probation or suspension shall not exceed the maximum sentence of confinement which could be imposed on the defendant.
(d)(1) In every case that a court of this state or any other state sentences a defendant to probation or any pretrial release or diversion program under the supervision of the department DCS, in addition to any fine or order of restitution imposed by the court, there shall be imposed a probation fee as a condition of probation, release, or diversion in the amount equivalent to $23.00 per each month under supervision, and
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in addition, a one-time fee of $50.00 where if such defendant was convicted of any felony. The probation fee may be waived or amended after administrative process by the department DCS and approval of the court, or upon determination by the court, as to the undue hardship, inability to pay, or any other extenuating factors which prohibit collection of the fee; provided, however, that the imposition of sanctions for failure to pay fees shall be within the discretion of the court through judicial process or hearings. Probation fees shall be waived on probationers incarcerated or detained in a departmental Department of Corrections or other confinement facility which prohibits employment for wages. All probation fees collected by the department DCS shall be paid into the general fund of the state treasury, except as provided in subsection (f) of Code Section 17-15-13, relating to sums to be paid into the Georgia Crime Victims Emergency Fund. Any fees collected by the court under this paragraph shall be remitted not later than the last day of the month after such fee is collected to the Georgia Superior Court Clerks' Cooperative Authority for deposit into the general fund of the state treasury. (2) In addition to any other provision of law, any person convicted of a violation of Code Section 40-6-391 or subsection (b) of Code Section 16-13-2 who is sentenced to probation or a suspended sentence by a municipal, magistrate, probate, recorder's, mayor's, state, or superior court shall also be required by the court to pay a one-time fee of $25.00. The clerk of court, or if there is no clerk the person designated to collect fines, fees, and forfeitures for such court, shall collect such fee and remit the same not later than the last day of the month after such fee is collected to the Georgia Superior Court Clerks' Cooperative Authority for deposit into the general fund of the state treasury. (3) In addition to any fine, fee, restitution, or other amount ordered, the sentencing court may also impose as a condition of probation for felony criminal defendants sentenced to a day reporting center an additional charge, not to exceed $10.00 per day for each day such defendant is required to report to a day reporting center; provided, however, that no fee shall be imposed or collected if the defendant is unemployed or has been found indigent by the sentencing court. The charges required by this paragraph shall be paid by the probationer directly to the department DCS. Funds collected by the department DCS pursuant to this subsection shall only be used by the department DCS in the maintenance and operation of the day reporting center program. (e) The court may, in its discretion, require the payment of a fine or costs, or both, as a condition precedent to of probation. (f) During the interval between the conviction or plea and the hearing to determine the question of probation, the court may, in its discretion, either order the confinement of the defendant without bond or may permit his or her release on bond, which bond shall be conditioned on his appearance at the hearing and shall be subject to the same rules as govern appearance bonds. Any time served in confinement shall be considered a part of the sentence of the defendant.
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(g) The sentencing judge shall not lose jurisdiction over any person placed on probation during the term of the person's probated sentence. The judge is empowered to revoke any or all of the probated sentence, rescind any or all of the sentence, or, in any manner deemed advisable by the judge, modify or change the probated sentence, including ordering the probationer into the sentencing options system, as provided in Article 9 of this chapter 6 of Chapter 3 of this title, at any time during the period of time prescribed for the probated sentence to run. In addition, when the judge is considering revoking a probated sentence in order to require the defendant to enter a drug court division, mental health court division, or veterans court division and the length of the original sentence is insufficient to authorize such revocation, the defendant may voluntarily agree to an extension of his or her original sentence within the maximum sentence allowed by law, notwithstanding subsection (f) of Code Section 17-10-1. Such extension shall be for a period not to exceed three years, and upon completion of such specific court division program, the court may modify the terms of probation in accordance with subparagraph (a)(5)(A) of Code Section 17-10-1. (h) If Notwithstanding any provision of this Code or any rule or regulation to the contrary, if a defendant is placed on probation in a county of a judicial circuit other than the one in which he such defendant resides for committing any misdemeanor offense, such defendant may, when specifically ordered by the court, have his probation supervision transferred to the judicial circuit of the county in which he the defendant resides.
42-8-34.1. (a) For the purposes of this Code section, the term 'special condition of probation or suspension of the sentence' means a condition of a probated or suspended sentence which:
(1) Is expressly imposed as part of the sentence in addition to general conditions of probation and court ordered fines and fees; and (2) Is identified in writing in the sentence as a condition the violation of which authorizes the court to revoke the probation or suspension and require the defendant to serve up to the balance of the sentence in confinement. (b) A court may not revoke any part of any probated or suspended sentence unless the defendant admits the violation as alleged or unless the evidence produced at the revocation hearing establishes by a preponderance of the evidence the violation or violations alleged. (c) At any revocation hearing, upon proof that the defendant has violated any general provision of probation or suspension other than by commission of a new felony offense, the court shall consider the use of alternatives to include community service, intensive probation, diversion centers, probation detention centers, special alternative incarceration, or any other alternative to confinement deemed appropriate by the court or as provided by the state or county. In the event the court determines that the defendant does not meet the criteria for said such alternatives, the court may revoke the balance of probation or not more than two years in confinement, whichever is less.
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(d) If the violation of probation or suspension alleged and proven by a preponderance of the evidence or the defendant's admission is the commission of a felony offense, the court may revoke no more than the lesser of the balance of probation or the maximum time of the sentence authorized to be imposed for the felony offense constituting the violation of the probation. For purposes of this Code section, the term 'felony offense' means:
(1) A felony offense; (2) A misdemeanor offense committed in another state on or after July 1, 2010, the elements of which are proven by a preponderance of evidence showing that such offense would constitute a felony if the act had been committed in this state; or (3) A misdemeanor offense committed in another state on or after July 1, 2010, that is admitted to by the defendant who also admits that such offense would be a felony if the act had been committed in this state. (e) If the violation of probation or suspension alleged and proven by a preponderance of the evidence or the defendant's admission is the violation of a special condition of probation or suspension of the sentence, the court may revoke the probation or suspension of the sentence and require the defendant to serve the balance or portion of the balance of the original sentence in confinement. (f) The payment of restitution or reparation, costs, or fines ordered by the court may be payable in one lump sum or in periodic payments, as determined by the court after consideration of all the facts and circumstances of the case and of the defendant's ability to pay. Such payments shall, in the discretion of the sentencing judge, be made either to the clerk of the sentencing court or, if the sentencing court is a probate court, state court, or superior court, to the probation DCS office serving said such court. (g) In no event shall an offender be supervised on probation for more than a total of two years for any one offense or series of offenses arising out of the same transaction, whether before or after confinement, except as provided by paragraph (2) of subsection (a) of Code Section 17-10-1 and subsection (g) of Code Section 42-8-34.
42-8-34.2. (a) In the event that a defendant is delinquent in the payment of fines, costs, or restitution or reparation, as was ordered by the court as a condition of probation, the defendant's probation officer is shall be authorized, but shall not be required, to execute a sworn affidavit wherein the amount of arrearage is set out. In addition, the affidavit shall contain a succinct statement as to what efforts the department DCS has made in trying to collect the delinquent amount. The affidavit shall then be submitted to the sentencing court for approval. Upon signature and approval of the court, said such arrearage shall then be collectable through issuance of a writ of fieri facias by the clerk of the sentencing court; and the department DCS may enforce such collection through any judicial or other process or procedure which may be used by the holder of a writ of execution arising from a civil action.
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(b) This Code section provides the state with remedies in addition to all other remedies provided for by law; and nothing in this Code section shall preclude the use of any other or additional remedy in any case. (c) No clerk of any court shall be authorized to require any deposit of cost or any other filing or service fee as a condition to the filing of a garnishment action or other action or proceeding authorized under this Code section. In any such action or proceeding, however, the clerk of the court in which the action is filed shall deduct and retain all proper court costs from any funds paid into the treasury of the court, prior to any other disbursement of such funds so paid into court.
42-8-35. (a) The court shall determine the terms and conditions of probation and may provide that the probationer shall:
(1) Avoid injurious and vicious habits; (2) Avoid persons or places of disreputable or harmful character; (3) Report to the probation supervisor officer as directed; (4) Permit the supervisor officer to visit the probationer at the probationer's home or elsewhere; (5) Work faithfully at suitable employment insofar as may be possible; (6) Remain within a specified location; provided, however, that the court shall not banish a probationer to any area within the this state:
(A) That does not consist of at least one entire judicial circuit as described by Code Section 15-6-1; or (B) In which any service or program in which the probationer must participate as a condition of probation is not available; (7) Make reparation or restitution to any aggrieved person for the damage or loss caused by the probationer's offense, in an amount to be determined by the court. Unless otherwise provided by law, no reparation or restitution to any aggrieved person for the damage or loss caused by the probationer's offense shall be made if the amount is in dispute unless the same has been adjudicated; (8) Make reparation or restitution as reimbursement to a municipality or county for the payment for medical care furnished the person while incarcerated pursuant to the provisions of Article 3 of Chapter 4 of this title. No reparation or restitution to a local governmental unit for the provision of medical care shall be made if the amount is in dispute unless the same has been adjudicated; (9) Repay the costs incurred by any municipality or county for wrongful actions by an inmate covered under the provisions of paragraph (1) of subsection (a) of Code Section 42-4-71; (10) Support the probationer's legal dependents to the best of the probationer's ability; (11) Violate no local, state, or federal laws and be of general good behavior; (12) If permitted to move or travel to another state, agree to waive extradition from any jurisdiction where the probationer may be found and not contest any effort by any jurisdiction to return the probationer to this state;
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(13) Submit to evaluations and testing relating to rehabilitation and participate in and successfully complete rehabilitative programming as directed by the department DCS; (14) Wear a device capable of tracking the location of the probationer by means including electronic surveillance or global positioning satellite systems. DCS The department shall assess and collect fees from the probationer for such monitoring at levels set by regulation by the department of the Board of Community Supervision; (15) Complete a residential or nonresidential program for substance abuse or mental health treatment as indicated by a risk and needs assessment; (16) Agree to the imposition of graduated sanctions when, in the discretion of the probation supervisor officer, the probationer's behavior warrants a graduated sanction; and (17) Pay for the cost of drug screening. DCS 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 Board of Community Supervision. (b) In determining the terms and conditions of probation for a probationer who has been convicted of a criminal offense against a victim who is a minor or dangerous sexual offense as those terms are defined in Code Section 42-1-12, the court may provide that the probationer shall be: (1) Prohibited from entering or remaining present at a victim's school, place of employment, place of residence, or other specified place at times when a victim is present or from loitering in areas where minors congregate, child care facilities, churches, or schools as those terms are defined in Code Section 42-1-12; (2) Required, either in person or through remote monitoring, to allow viewing and recording of the probationer's incoming and outgoing e-mail, history of websites visited and content accessed, and other Internet based communication; (3) Required to have periodic unannounced inspections of the contents of the probationer's computer or any other device with Internet access, including the retrieval and copying of all data from the computer or device and any internal or external storage or portable media and the removal of such information, computer, device, or medium; and (4) Prohibited from seeking election to a local board of education. (c) The supervision provided for under subsection (b) of this Code section shall be conducted by a probation an officer, law enforcement officer, or computer information technology specialist working under the supervision of a probation an officer or law enforcement agency.
42-8-35.1. (a) Notwithstanding In addition to any other terms or conditions of probation provided for under this chapter, the trial judge which may be imposed, a court may provide that probationers sentenced for felony offenses committed on or after July 1, 1993, to a period of time of not less than one year on probation as a condition of probation must shall satisfactorily complete a program of confinement in a 'special alternative incarceration--probation boot camp' unit of the department Department of Corrections
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for a period of 120 days computed from the time of initial confinement in the unit; provided, however, the department that the Department of Corrections may release the defendant upon service of 90 days in recognition of excellent behavior. (b) Before a court can may place this such condition upon the sentence, an initial investigation will shall be completed by the probation officer which will indicate indicates that the probationer is qualified for such treatment in that the individual does not appear to be physically or mentally disabled in a way that would prevent him or her from strenuous physical activity, that the individual has no obvious contagious diseases, that the individual is not less than 17 years of age nor more than 30 years of age at the time of sentencing, and that the department Department of Corrections has granted provisional approval of the placement of the individual in the 'special alternative incarceration--probation boot camp' unit. (c) In every case where when an individual is sentenced under the terms of this Code section, the sentencing court shall, within its probation order, direct the department Department of Corrections to arrange with the sheriff's office in the county of incarceration to have the individual delivered to a designated unit of the department Department of Corrections within a specific date not more than 15 days after the issuance of such probation order by the court. (d) At any time during the individual's confinement in the unit, but at least five days prior to his or her expected date of release, the department will Department of Corrections shall certify to the trial court as to whether the individual has satisfactorily completed this the condition of probation provided in subsection (a) of this Code section. (e) Upon the receipt of a satisfactory report of performance in the program from the department Department of Corrections, the trial court shall release the individual from confinement in the 'special alternative incarceration--probation boot camp' unit. However, the receipt of an unsatisfactory report will shall be grounds for revocation of the probated sentence as would any other violation of a condition or term of probation. (f) The satisfactory report of performance in the program from the department Department of Corrections shall, in addition to the other requirements specified in this Code section, require participation of the individual confined in the unit in such adult education courses necessary to attain the equivalency of a grade five competency level as established by the State Board of Education for elementary schools. Those individuals who are mentally disabled as determined by initial testing are shall be exempt from mandatory participation. After the individual is released from the unit, it shall be a special condition of probation that the individual participate in an education program in the community until grade five level competency is achieved or active probation supervision terminates. It shall be the duty of the department Department of Corrections to certify to the trial court that such individual has satisfactorily completed this such condition of probation while on active probation supervision. The receipt of an unsatisfactory report may be grounds for revocation of the probated sentence as would any other violation of a condition or term of probation. Under certain circumstances, the probationer may be exempt from this requirement if it is determined
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by the probation officer that community education resources are inaccessible to the probationer.
42-8-35.2. (a) Notwithstanding any other provisions of law, the court, when imposing a sentence of imprisonment after a conviction of a violation of subsection (b) or (d) of Code Section 16-13-30 or after a conviction of a violation of Code Section 16-13-31, shall impose a special term of probation of three years in addition to such term of imprisonment; provided, however, that upon a second or subsequent conviction of a violation of the provisions of such Code sections as stated in this subsection, the special term of probation shall be six years in addition to any term of imprisonment. (b) A special term of probation imposed under this Code section may be revoked if the terms and conditions of probation are violated. In such circumstances the original term of imprisonment shall be increased by the period of the special term of probation and the resulting new term of imprisonment shall not be diminished by the time which was spent on special probation. A person whose special term of probation has been revoked may be required to serve all or part of the remainder of the new term of imprisonment. A special term of probation provided for in this Code section shall be in addition to, and not in lieu of, any other probation provided for by law and shall be supervised in the same manner as other probations as provided in this chapter. (c) Upon written application by the probationer to the trial court, the court may, in its discretion, suspend the balance of any special term of probation, provided that at least one-half of said such special term of probation has been completed and all fines associated with the original sentence have been paid and all other terms of the original sentence and the terms of the special probation have been met by the probationer.
42-8-35.3. Notwithstanding any other terms or conditions of probation which may be imposed, a court sentencing a defendant to probation for a violation of Code Section 16-5-90 or 165-91 may impose one or more of the following conditions on such probation:
(1) Prohibit the defendant from engaging in conduct in violation of Code Section 165-90 or 16-5-91; (2) Require the defendant to undergo a mental health evaluation and, if it is determined by the court from the results of such evaluation that the defendant is in need of treatment or counseling, require the defendant to undergo mental health treatment or counseling by a court approved mental health professional, mental health facility, or facility of the Department of Behavioral Health and Developmental Disabilities. Unless the defendant is indigent, the cost of any such treatment shall be borne by the defendant; or (3) Prohibit the defendant from entering or remaining present at the victim's school, place of employment, or other specified places at times when the victim is present.
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42-8-35.4. (a) Notwithstanding In addition to any other terms and conditions of probation provided for in this article, the trial judge which may be imposed, a court may require that a defendant convicted of a felony and sentenced to a period of not less than one year on probation or a defendant who has been previously sentenced to probation for a forcible misdemeanor as defined in paragraph (7) of Code Section 16-1-3 or a misdemeanor of a high and aggravated nature and has violated probation or other probation alternatives and is subsequently sentenced to a period of not less than one year on probation shall complete satisfactorily, as a condition of that such probation, a program of confinement, not to exceed 180 days, in a probation detention center. Probationers so sentenced shall be required to serve the period of confinement, not to exceed 180 days, specified in the court order. (b) The court shall determine that the defendant is at least 17 years of age at the time of sentencing. (c) During the period of confinement, the department Department of Corrections may transfer the probationer to other facilities in order to provide needed physical and mental health care or for other reasons essential to the care and supervision of the probationer or as necessary for the effective administration and management of its facilities.
42-8-35.5. (a) Notwithstanding In addition to any other terms and conditions of probation provided in this article, the trial judge which may be imposed, a court may require that probationers sentenced to a period of not less than one year on probation shall satisfactorily complete, as a condition of that such probation, a program in a probation diversion center. Probationers so sentenced will shall be required to serve a period of confinement as specified in the court order, which confinement period shall be computed from the date of initial confinement in the diversion center. (b) The court shall determine that the defendant is at least 17 years of age at the time of sentencing, is capable both physically and mentally of maintaining paid employment in the community, and does not unnecessarily jeopardize the safety of the community. (c) The department Department of Corrections may assess and collect room and board fees from diversion center program participants at a level set by the department Department of Corrections.
42-8-35.6. (a) Notwithstanding any other terms or conditions of probation which may be imposed, a court sentencing a defendant to probation for an offense involving family violence as such term is defined in Code Section 19-13-10 shall require as a condition of probation that the defendant participate in a family violence intervention program certified pursuant to Article 1A of Chapter 13 of Title 19, unless the court determines and states on the record why participation in such a program is not appropriate.
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(b) A court, in addition to imposing any penalty provided by law, when revoking a defendant's probation for an offense involving family violence as defined by Code Section 19-13-10, or when imposing a protective order against family violence, shall order the defendant to participate in a family violence intervention program certified pursuant to Article 1A of Chapter 13 of Title 19, unless the court determines and states on the record why participation in such program is not appropriate. (c) The State Board of Pardons and Paroles, for a violation of parole for an offense involving family violence as defined by Code Section 19-13-10, shall require the conditional releasee to participate in a family violence intervention program certified pursuant to Article 1A of Chapter 13 of Title 19, unless the State Board of Pardons and Paroles determines why participation in such a program is not appropriate. (d) Unless the defendant is indigent, the cost of the family violence intervention program as provided by this Code section shall be borne by the defendant. If the defendant is indigent, then the cost of the program shall be determined by a sliding scale based upon the defendant's ability to pay.
42-8-35.7. Unless the court or State Board of Pardons and Paroles has ordered more frequent such screenings, it shall be the duty of each probation supervisor to administer or have administered a drug and alcohol screening not less than once every 60 days to any person who is placed on probation and who, as a condition of such probation, is required to undergo regular, random drug and alcohol screenings, provided that the drug and alcohol screenings required by this Code section shall be performed only to the extent that necessary funds therefor are appropriated in the state budget drug and alcohol screenings shall be administered in accordance with DCS rules and regulations.
42-8-36. (a)(1) It shall be the duty of a probationer, as a condition of probation, to keep his or her probation supervisor officer informed as to his or her residence. Upon the recommendation of the probation supervisor officer, the court may also require, as a condition of probation and under such terms as the court deems advisable, that the probationer keep the probation supervisor officer informed as to his or her whereabouts. (2) The running of a probated sentence shall be tolled upon: (A) The failure of a probationer to report to his or her probation supervisor officer as directed or failure to appear in court for a probation revocation hearing; either of such failures may be evidenced by an affidavit from the probation supervisor officer setting forth such failure; or (B) The filing of a return of non est inventus or other return to a warrant, for the violation of the terms and conditions of probation, that the probationer cannot be found in the county that appears from the records of the probation supervisor officer to be the probationer's county of residence. Any officer authorized by law to issue
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or serve warrants may return the warrant for the absconded probationer showing non est inventus. (3) The effective date of the tolling of the sentence shall be the date the court enters a tolling order and shall continue until the probationer shall personally report to the probation supervisor officer, is taken into custody in this state, or is otherwise available to the court. (4) Any tolled period of time shall not be included in computing creditable time served on probation or as any part of the time that the probationer was sentenced to serve. (b) Any unpaid fines, restitution, or any other moneys owed as a condition of probation shall be due when the probationer is arrested; but, if the entire balance of his or her probation is revoked, all the conditions of probation, including moneys owed, shall be negated by his the probationer's imprisonment. If only part of the balance of the probation is revoked, the probationer shall still be responsible for the full amount of the unpaid fines, restitution, and other moneys upon his or her return to probation after release from imprisonment.
42-8-37. (a) Upon the termination of the probated portion of a sentence, the probationer shall be released from probation and shall not be liable to sentence for the crime for which probation was allowed; provided, however, that the foregoing shall not be construed to prohibit the conviction and sentencing of the probationer for the subsequent commission of the same or a similar offense or for the subsequent continuation of the offense for which he or she was previously sentenced. (b) The court may at any time cause the probationer to appear before it to be admonished or commended and, when satisfied that its action would be for the best interests interest of justice and the welfare of society, may discharge the probationer from further supervision. (c) The case of each person receiving a probated sentence of more than two years shall be reviewed by the probation supervisor officer responsible for that such case after service of two years on probation, and a written report of the probationer's progress shall be submitted to the sentencing court along with the supervisor's officer's recommendation as to early termination. Each such case shall be reviewed and a written report submitted annually thereafter until the termination, expiration, or other disposition of the case.
42-8-38. (a) Whenever, within the period of probation, a probation supervisor an officer believes that a probationer under his or her supervision has violated his or her the terms of probation in a material respect, if graduated sanctions have been made a condition of probation by the court, the probation supervisor officer may impose graduated sanctions as set forth in Code Section 42-8-23 to address the specific conduct leading to such violation or, if the circumstances warrant, may arrest the probationer without warrant,
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wherever found, and return the probationer to the court granting the probation or, if under supervision in a county or judicial circuit other than that of conviction, to a court of equivalent original criminal jurisdiction within the county wherein the probationer resides for purposes of supervision. Any officer authorized by law to issue warrants may issue a warrant for the arrest of the probationer upon the affidavit of one having knowledge of the alleged violation, returnable forthwith before the court in which revocation proceedings are being brought. (b) The court, upon the probationer being brought before it, may commit him the probationer or release him the probationer with or without bail to await further hearing, or it may dismiss the charge. If the charge is not dismissed at this time, the court shall give the probationer an opportunity to be heard fully at the earliest possible date on his or her own behalf, in person or by counsel, provided that, if the revocation proceeding is in a court other than the court of the original criminal conviction, the sentencing court shall be given ten days' written notice prior to a hearing on the merits. (c) After the hearing, the court may revoke, modify, or continue the probation. If the probation is revoked, the court may order the execution of the sentence originally imposed or of any portion thereof. In such event, the time that the defendant has served under probation shall be considered as time served and shall be deducted from and considered a part of the time he or she was originally sentenced to serve. (d) In cases where the probation is revoked in a county other than the county of original conviction, the clerk of court in the county revoking probation may record the order of revocation in the judge's minute docket minutes of the court, which recordation shall constitute sufficient permanent record of the proceedings in that such court. The clerk shall send one copy copies of the order revoking probation to the department DCS and the Department of Corrections to serve as a temporary commitment and shall send the original order revoking probation and all other papers pertaining thereto to the county of original conviction to be filed with the original records. The clerk of court of the county of original conviction shall then issue a formal commitment to the department Department of Corrections.
42-8-39. In all criminal cases in which the defendant is found guilty or in which a plea of guilty or of nolo contendere is entered and in which the trial judge court after imposing sentence further provides that the execution of the sentence shall be suspended, such provision shall not have the effect of placing the defendant on probation as provided in this article.
42-8-40. (a) Except as provided in subsection (b) of this Code section, all All reports, files, records, and papers information of whatever kind relative to the state-wide probation system supervision of probationers and parolees are declared to be confidential and shall be available only to the probation system officials, and to the judge handling a particular case. They, the Board of Community Supervision, DCS, the Department of
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Corrections, the Department of Juvenile Justice, and the State Board of Pardons and Paroles, as appropriate. Such reports, files, records, and information shall not be subject to process of subpoena. However, the commissioner; provided, however, that the commissioner of community supervision may by written order declassify any such records. (b) Supervision records of the State Board of Pardons and Paroles may be made available to officials employed with the state-wide probation system, provided that the same shall remain confidential and not available to any other person or subject to subpoena unless declassified by the State Board of Pardons and Paroles.
42-8-41. All state and local departments, agencies, boards, bureaus, commissions, and committees shall cooperate with the probation officials officers.
42-8-42. DCS The department may provide office space and clerical help wherever needed. The counties of this state shall cooperate in this respect and, wherever possible, shall furnish office space if needed.
42-8-43. Except as otherwise provided by law, any county probation system in existence on February 8, 1956, shall not be affected by the passage of this article, regardless of whether the law under which the system exists is specifically repealed by this article. The personnel of the system shall continue to be appointed and employed under the same procedure as used prior to February 8, 1956, and the system shall be financed under the same method as it was financed prior to February 8, 1956. However, the substantive provisions of this article relative to probation shall be followed, and to this end any probation officer of such system shall be deemed to be the same as a probation supervisor, with the probation supervisor assigned by the department serving in a liaison capacity between the county probation system and the department.
42-8-43.1. (a) This Code section shall apply to county probation systems of all counties of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census, any provision of Code Section 42-8-43 to the contrary notwithstanding. The department shall participate in the cost of the county probation systems subject to this Code section for fiscal years 1982-83 and 1983-84. The department shall compute the state cost per probationer on a state-wide basis for each of the aforesaid fiscal years pursuant to the formula used by the Office of Planning and Budget to determine the state cost for probation for budgetary purposes. For each of the aforesaid fiscal years, the department shall pay to the governing authority of each county maintaining a county probation system subject to this Code section the percentage shown below of the state-wide cost per probationer for each probationer
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being supervised under the respective county probation system as of the first day of each of said fiscal years:
(1) For fiscal year 1982-83, 10 percent; and (2) For fiscal year 1983-84, 10-100 percent. (b) The funds necessary to participate in the cost of county probation systems under subsection (a) of this Code section shall come from funds appropriated to the department for the purposes of providing state participation in the cost of county probation systems. The payments to counties provided for in subsection (a) of this Code section shall be made by, or pursuant to the order of, the department in single lump sum payment for each fiscal year, with the payment for fiscal year 1982-83 being made by May 1, 1983, and the one for fiscal year 1983-84 by May 1, 1984. As a condition necessary for a county to qualify for department participation in the cost of the county's probation system, the employees of such county probation systems shall be subject to the supervision, control, and direction of the department. (c) Each county probation system subject to the provisions of this Code section shall become a part of the state-wide probation system provided for by this article effective on July 1, 1984, and shall be fully funded from state funds as a part of the state-wide probation system beginning with fiscal year 1984-85. The employees of said county probation systems, at their option, shall become employees of the department on the date said county systems become a part of the state-wide probation system and, on or after said date, said employees shall be subject to the salary schedules and other personnel policies of the department, except that the salaries of such employees shall not be reduced as a result of becoming employees of the department. (d) When an employee of a county probation system of any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census becomes an employee of the department pursuant to subsection (c) of this Code section at the same or a greater salary, the change in employment shall not constitute involuntary separation from service or termination of employment within the meaning of any local retirement or pension system of which the employee was a member at the time of such change in employment, and the change in employment shall not entitle the employee to begin receiving any retirement or pension benefit whatsoever under any such local retirement or pension system.
42-8-43.2. (a) This Code section shall apply to county probation systems, including state court adult probation systems, of each county having a population of more than 100,000 in any metropolitan statistical area having a population of not less than 200,000 nor more than 230,000 according to the United States decennial census of 1980 or any future such census, any provision of Code Section 42-8-43 to the contrary notwithstanding. The department shall participate in the cost of the county probation systems subject to this Code section for fiscal year 1987-88. The department shall compute the state cost per probationer on a state-wide basis for such fiscal year pursuant to the formula used by the Office of Planning and Budget to determine the state cost for probation for
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budgetary purposes. For said fiscal year, the department shall pay to the governing authority of each county maintaining a county probation system subject to this Code section 10 percent of the state-wide cost per probationer for each probationer being supervised under the respective county probation system as of the first day of said fiscal year. The funds necessary to participate in the cost of county probation systems under this subsection shall come from funds appropriated to the department for the purposes of providing state participation in the cost of county probation systems. The payments to counties provided for in this subsection shall be made by, or pursuant to the order of, the department in single lump sum payment for fiscal year 1987-88, with the payment being made by May 1, 1988. As a condition necessary for a county to qualify for department participation in the cost of the county's probation system, the county shall cause to be made an independent audit of the financial affairs and transactions of all funds and activities of the county probation system and agree to be responsible for any discrepancies, obligations, debts, or liabilities of such county probation system which may exist prior to the department's participation in the cost of the county's probation system. As a further condition necessary for a county to qualify for department participation in the cost of the county's probation system, the employees of such county probation systems shall be subject to the supervision, control, and direction of the department. (b) The county probation system of any such county shall become a part of the statewide probation system provided for by this article effective July 1, 1988, and shall be fully funded from state funds as part of the state-wide probation system beginning with fiscal year 1988-89. The employees of such county probation system, at their option, shall become employees of the department on the date said county system becomes a part of the state-wide probation system and, on or after said date, said employees shall be subject to the salary schedules and other personnel policies of the department, except that the salaries of such employees shall not be reduced as a result of becoming employees of the department. (c) When an employee of a county probation system becomes an employee of the department pursuant to subsection (b) of this Code section at the same or a greater salary, the change in employment shall not constitute involuntary separation from service or termination of employment within the meaning of any local retirement or pension system of which the employee was a member at the time of such change in employment, and the change in employment shall not entitle the employee to begin receiving any retirement or pension benefit whatsoever under any such local retirement or pension system. (d) No leave time accrued by an employee of a county probation system shall be transferred when the employee becomes a state employee. Any leave time accrued by an employee of such county probation system shall be satisfied as a debt owed to the employee by the county.
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42-8-43.3. (a) This Code section shall apply to county probation systems, including state court adult probation systems, of each county having a population of 250,000 or more according to the United States decennial census of 1980 or any future such census, any provision of Code Section 42-8-43 to the contrary notwithstanding. The department shall participate in the cost of the county probation systems subject to this Code section for fiscal year 1988-89. For said fiscal year, the department shall pay to the governing authority of each county maintaining a county probation system subject to this Code section 10 percent of the annual county probation system budget as of the first day of said fiscal year. The funds necessary to participate in the cost of county probation systems under this subsection shall come from funds appropriated to the department for the purposes of providing state participation in the cost of county probation systems. The payments to counties provided for in this subsection shall be made by, or pursuant to the order of, the department in single lump sum payment for fiscal year 1988-89, with the payment being made by May 1, 1989. As a condition necessary for a county to qualify for department participation in the cost of the county's probation system, the county shall cause to be made an independent audit of the financial affairs and transactions of all funds and activities of the county probation system and agree to be responsible for any discrepancies, obligations, debts, or liabilities of such county probation system which may exist prior to the department's participation in the cost of the county's probation system. As a further condition necessary for a county to qualify for department participation in the cost of the county's probation system, the employees of such county probation systems shall be subject to the supervision, control, and direction of the department. (b) The county probation system of any such county shall become a part of the statewide probation system provided for by this article effective July 1, 1989, and shall be fully funded from state funds as part of the state-wide probation system beginning with fiscal year 1989-90. The employees of such county probation system, at their option, shall become employees of the department on the date said county system becomes a part of the state-wide probation system and, on or after said date, said employees shall be subject to the salary schedules and other personnel policies of the department, except that the salaries of such employees shall not be reduced as a result of becoming employees of the department. (c) When an employee of a county probation system becomes an employee of the department pursuant to subsection (b) of this Code section at the same or a greater salary, the change in employment shall not constitute involuntary separation from service or termination of employment within the meaning of any local retirement or pension system of which the employee was a member at the time of such change in employment, and the change in employment shall not entitle the employee to begin receiving any retirement or pension benefit whatsoever under any such local retirement or pension system. (d) No leave time accrued by an employee of a county probation system shall be transferred when the employee becomes a state employee. Any leave time accrued by
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an employee of such county probation system shall be satisfied as a debt owed to the employee by the county.
42-8-44. 42-8-43. This article shall be liberally construed so that its purposes may be achieved."
PART V CONFORMING REFERENCES
SECTION 5-1.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising subsection (c) of Code Section 15-1-4, relating to the extent of contempt power, as follows:
"(c) When a person who is gainfully employed violates an order of the court granting temporary or permanent alimony or child support and the judge finds the person in contempt of court, the sentencing judge may sentence the respondent to a term of confinement in a diversion center and participation in a diversion program if such a program has been established by a county pursuant to the provisions of Article 8 5 of Chapter 8 3 of Title 42."
SECTION 5-2. Said title is further amended by revising paragraphs (3) and (7) of subsection (a) of Code Section 15-1-15, relating to drug court divisions, as follows:
"(3) Each drug court division shall establish a planning group to develop a work plan. The planning group shall include the judges, prosecuting attorneys, public defenders, probation community supervision officers, and persons having expertise in the field of substance abuse. The work plan shall address the operational, coordination, resource, information management, and evaluation needs of the drug court division. The work plan shall include drug court division policies and practices related to implementing the standards and practices developed pursuant to paragraph (4) of this subsection. The work plan shall ensure a risk and needs assessment is used to identify the likelihood of recidivating and identify the needs that, when met, reduce recidivism. The work plan shall ensure that drug court division eligibility shall be focused on moderate-risk and high-risk offenders as determined by a risk and needs assessment. The drug court division shall combine judicial supervision, treatment of drug court division participants, and drug testing." "(7) The court instituting the drug court division may request probation community supervision officers and other employees of the court to perform duties for the drug court division. Such employees shall perform duties as directed by the judges of the drug court division."
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SECTION 5-3. Said title is further amended by revising paragraph (3) of subsection (b) of Code Section 15-1-16, relating to mental health court divisions, as follows:
"(3) Each mental health court division shall establish a planning group to develop a written work plan. The planning group shall include judges, prosecuting attorneys, sheriffs or their designees, public defenders, probation community supervision officers, and persons having expertise in the field of mental health. The work plan shall address the operational, coordination, resource, information management, and evaluation needs of the mental health court division. The work plan shall include mental health court division policies and practices related to implementing the standards and practices developed pursuant to paragraph (4) of this subsection. The work plan shall ensure a risk and needs assessment is used to identify the likelihood of recidivating and identify the needs that, when met, reduce recidivism. The work plan shall ensure that mental health court division eligibility shall be focused on moderate-risk and high-risk offenders as determined by a risk and needs assessment. The mental health court division shall combine judicial supervision, treatment of mental health court division participants, and drug and mental health testing. Defendants charged with murder, murder in the second degree, armed robbery, rape, aggravated sodomy, aggravated sexual battery, aggravated child molestation, or child molestation shall not be eligible for entry into the mental health court division, except in the case of a separate court supervised reentry program designed to more closely monitor mentally ill offenders returning to the community after having served a term of incarceration. Any such court supervised community reentry program for mentally ill offenders shall be subject to the work plan as provided for in this paragraph."
SECTION 5-4. Said title is further amended by revising paragraph (3) of subsection (b) of Code Section 15-1-17, relating to veterans court divisions, as follows:
"(3) Each veterans court division shall establish a planning group to develop a written work plan. The planning group shall include judges, prosecuting attorneys, sheriffs or their designees, public defenders, probation community supervision officers, and persons having expertise in services available to veterans. The work plan shall address the operational, coordination, resource, information management, and evaluation needs of the veterans court division. The work plan shall include veterans court division policies and practices related to implementing the standards and practices developed pursuant to paragraph (4) of this subsection. The veterans court division shall combine judicial supervision, treatment of veterans court division participants, and drug and mental health testing. The work plan shall include eligibility criteria for the veterans court division. Defendants charged with murder, armed robbery, rape, aggravated sodomy, aggravated sexual battery, aggravated child molestation, or child molestation shall not be eligible for entry into the veterans court division, except in the case of a separate court supervised reentry program designed to more closely monitor veterans returning to the community after having served a term
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of incarceration. Any such court supervised community reentry program for mentally ill offenders shall be subject to the work plan as provided for in this paragraph."
SECTION 5-5. Said title is further amended by revising subsection (i) of Code Section 15-6-77, relating to superior court fees, as follows:
"(i) No fees shall be charged for the following: (1) Recording discharge certificates of veterans, as provided in Code Section 15-678; (2) Filing a petition as provided in Code Section 42-8-66; (2)(3) Recording and certifying documents in connection with admission to practice law; and (3)(4) Costs associated with the filing of criminal charges by an alleged victim of a violation of Code Section 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1, or 16-6-22.2 or an alleged victim of any domestic violence offense or for the issuance or service of a warrant, protective order, or witness subpoena arising from the violation of Code Section 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1, or 16-6-22.2 or the incident of domestic violence."
SECTION 5-6. Said title is further amended by revising subsection (a) of Code Section 15-5-81, relating to the advisory council to the Georgia Courts Automation Commission, as follows:
"(a) There shall be an advisory council to the Georgia Courts Automation Commission. The advisory council shall consist of: the director of the Georgia Bureau of Investigation or the director's designee, the commissioner of corrections or the commissioner's designee, the commissioner of community supervision or the commissioner's designee, the commissioner of public safety or the commissioner's designee, the chairman chairperson of the State Board of Pardons and Paroles or the chairman's chairperson's designee, the director of the Administrative Office of the Courts or the director's designee, the director of the Criminal Justice Coordinating Council or the director's designee, the director of the Governor's Office for Children and Families or the director's designee, and the executive director of the Georgia Technology Authority or the executive director's designee."
SECTION 5-7. Said title is further amended by revising subsection (a) of Code Section 15-6-30, relating to travel expenses for judges of the superior courts, as follows:
"(a) The judges of the superior courts of this state shall be entitled to receive, in addition to the compensation provided by law, reimbursement of travel expenses incurred when such a judge attends any court in his or her judicial circuit other than the court in the county of the residence of the judge or when the judge is required to be in any county in his or her circuit other than the county of his or her residence in the discharge of any judicial duty or function, required by law, pertaining to the superior
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court of such county. Judges and senior judges of the superior courts shall also be entitled to receive reimbursement under this Code section of travel expenses incurred when any such judge is designated to preside in the place of an absent Justice of the Supreme Court or attends a meeting of a judicial administrative district, The Council of Superior Court Judges of Georgia, the Judicial Council of Georgia, the Advisory Council for Probation the Board of Community Supervision, the Judicial Qualifications Commission, or any committee or subcommittee of any such body, or when any such judge attends a meeting with the personnel of any state department or other state agency when such meeting is held to carry out a public purpose; provided, however, that any expenses for which reimbursement is received under this subsection shall not be eligible for reimbursement under Code Section 15-6-32."
SECTION 5-8. Said title is further amended by adding a new paragraph to Code Section 15-11-2, relating to definitions regarding general provisions of the Juvenile Code, to read as follows:
"(13.1) 'Community supervision officer' means an individual employed by the Department of Community Supervision who supervises probationers who were adjudicated for committing a Class A designated felony act or Class B designated felony act, placed in restrictive custody, and released from such custody."
SECTION 5-9. Said title is further amended by revising subsections (b) and (c) of Code Section 15-1158, relating to the Council of Juvenile Court Judges, role, and director, as follows:
"(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, the Department of Community Supervision, 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:
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(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, the Department of Community Supervision, and county juvenile probation services throughout this state; and (6) Perform such other duties as the presiding judge of the council shall specify."
SECTION 5-10. Said title is further amended by revising Code Section 15-11-67, relating to duties of probation officers, as follows:
"15-11-67. (a) A county juvenile probation officer or DJJ staff member serving as a juvenile probation officer or community supervision officer, as appropriate:
(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 such 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 such 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 and the Department of Community Supervision shall
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maintain sole authority over the duties and responsibilities of all of such department's staff serving as community supervision officers."
SECTION 5-11. Said title is further amended by revising subparagraph (F) of paragraph (5) of Code Section 15-11-471, relating to definitions, as follows:
"(F) Electronic monitoring, as such term is defined in Code Section 42-8-151 42-3111;"
SECTION 5-12. Said title is further amended by revising Code Section 15-11-473, relating to conduct of delinquency proceedings by prosecuting attorney and access to information, as follows:
"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, community supervision officers, and DJJ to assist a prosecuting attorney in obtaining any requested items."
SECTION 5-13. Said title is further amended by revising subsection (h) of Code Section 15-11-506, relating to detention hearing and time limitations, as follows:
"(h) If an alleged delinquent child cannot be returned to the custody of his or her parent, guardian, or legal custodian, a probation officer or community supervision officer, as applicable, 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."
SECTION 5-14. Said title is further amended by revising subsection (b) of Code Section 15-11-562, relating to transfer criteria and probation officer written report contents regarding an alleged delinquent child, as follows:
"(b) A probation officer, or community supervision officer, as applicable, shall prepare a written report developing fully all available information relevant to the transfer criteria. Such 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."
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SECTION 5-15. Said title is further amended by revising paragraphs (2) and (3) of subsection (a) of Code Section 15-11-601, relating to disposition of a delinquent act, as follows:
"(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, community supervision 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 or a community supervision officer; (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;"
SECTION 5-16. Said title is further amended by revising subsection (b) of Code Section 15-11-710, relating to exchange of information, as follows:
"(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 42-8-109.2, 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."
SECTION 5-17. Said title is further amended by revising subsection (a) of Code Section 15-11-705, relating to child in need of services records and penalty for disclosure, as follows:
"(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
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open to inspection by juvenile probation and parole officers, community supervision 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."
SECTION 5-18. Said title is further amended by revising subsection (f) of Code Section 15-12-40.1, relating to the state-wide master jury list, driver's license information, list of registered voters, and random list of persons to comprise venire, as follows:
"(f) On and after July 1, 2015, upon request by the council, the Department of Community Supervision and, on and after July 1, 2014, upon request by the council, the Department of Corrections, the Georgia Crime Information Center division of the Georgia Bureau of Investigation, and the State Board of Pardons and Paroles shall provide to the council, without cost, a list of the names of all persons who have been convicted of a felony in state or federal court if the person has not had his or her civil rights restored. In addition to the convicted person's full name, the data shall include the person's address, including the county of residence and ZIP Code, date of birth, gender, and race if available. Such data shall be in electronic format as required by the council."
SECTION 5-19. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subsection (m) of Code Section 16-5-21, relating to aggravated assault, as follows:
"(m) A person who knowingly commits the offense of aggravated assault upon an officer of the court while such officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. As used in this subsection, the term 'officer of the court' means a judge, attorney, clerk of court, deputy clerk of court, court reporter, court interpreter, or probation officer community supervision officer, county or Department of Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42."
SECTION 5-20. Said title is further amended by revising paragraph (2) of subsection (b) of Code Section 16-6-5.1, relating to sexual assault by persons with supervisory or disciplinary authority, sexual assault by practitioner of psychotherapy against patient, consent not a defense, and penalty upon conviction for sexual assault, as follows:
"(2) Is an employee or agent of any probation or parole office community supervision office, county juvenile probation office, Department of Juvenile Justice juvenile probation office, or probation office under Article 6 of Chapter 8 of Title 42 and engages in sexual contact with such other individual who the actor knew or should
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have known is a probationer or parolee under the supervision of the same probation or parole such office;"
SECTION 5-21. Said title is further amended by revising subsection (a) of Code Section 16-6-25, relating to harboring, concealing, or withholding information concerning a sexual offender and penalties, as follows:
"(a) As used in this Code section, the term 'law enforcement unit' means any agency, organ, or department of this state, or a subdivision or municipality thereof, whose primary functions include the enforcement of criminal or traffic laws; the preservation of public order; the protection of life and property; or the prevention, detection, or investigation of crime. Such term shall also include the Department of Corrections, the Department of Community Supervision, and the State Board of Pardons and Paroles."
SECTION 5-22. Said title is further amended by revising subsection (b) of Code Section 16-10-24, relating to obstructing or hindering law enforcement officers, as follows:
"(b) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or conservation ranger in the lawful discharge of his or her official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years."
SECTION 5-23. Said title is further amended by revising subsection (b) of Code Section 16-10-33, relating to removal or attempted removal of weapon from public official and punishment, as follows:
"(b) It shall be unlawful for any person knowingly to remove or attempt to remove a firearm, chemical spray, or baton from the possession of another person if:
(1) The other person is lawfully acting within the course and scope of employment; and (2) The person has knowledge or reason to know that the other person is employed as:
(A) A peace officer as defined in paragraph (8) of Code Section 35-8-2; (B) A probation officer, or other An employee with the power of arrest, by the Department of Corrections; (C) A parole supervisor, or other An employee with the power of arrest, by the State Board of Pardons and Paroles; (D) A community supervision officer or other employee with the power of arrest by the Department of Community Supervision;
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(D)(E) A jail officer or guard by a county or municipality and has the responsibility of supervising inmates who are confined in a county or municipal jail or other detention facility; or (E)(F) A juvenile correctional officer by the Department of Juvenile Justice and has the primary responsibility for the supervision and control of youth confined in such department's programs and facilities."
SECTION 5-24. Said title is further amended by revising subsection (b) of Code Section 16-10-34, relating to the use of laser devices against law enforcement officers, as follows:
"(b) It shall be unlawful for any person to knowingly and intentionally project upon a law enforcement officer any laser device without such officer's permission if:
(1) The law enforcement officer is lawfully acting within the course and scope of employment; and (2) The person has knowledge or reason to know that the law enforcement officer is employed as:
(A) A peace officer as defined in paragraph (8) of Code Section 35-8-2; (B) An A probation officer, or other employee with the power of arrest, by the Department of Corrections; (C) An A parole supervisor, or other employee with the power of arrest, by the State Board of Pardons and Paroles; (D) A community supervision officer or other employee with the power of arrest by the Department of Community Supervision; (D)(E) A jail officer or guard by a county or municipality and has the responsibility of supervising inmates who are confined in a county or municipal jail or other detention facility; or (E)(F) A juvenile correctional officer or juvenile probation officer by the Department of Juvenile Justice and has the primary responsibility for the supervision and control of youth confined in such department's programs and facilities."
SECTION 5-25. Said title is further amended by revising subsection (b) of Code Section 16-10-97, relating to intimidation or injury of juror, court officer, or law enforcement officer, as follows:
"(b) As used in this Code section, the term 'any officer in or of any court' means a judge, attorney, clerk of court, deputy clerk of court, court reporter, or probation officer community supervision officer, county or Department of Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42."
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SECTION 5-26. Said title is further amended by revising subsection (d) of Code Section 16-11-37, relating to terroristic threats and acts and penalties, as follows:
"(d) A person who commits or attempts to commit a terroristic threat or act with the intent to retaliate against any person for:
(1) Attending a judicial or administrative proceeding as a witness, attorney, judge, clerk of court, deputy clerk of court, court reporter, probation officer community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or party or producing any record, document, or other object in a judicial or official proceeding; or (2) Providing to a law enforcement officer, adult or juvenile probation officer community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, prosecuting attorney, or judge any information relating to the commission or possible commission of an offense under the laws of this state or of the United States or a violation of conditions of bail, pretrial release, probation, or parole shall be guilty of the offense of a terroristic threat or act and, upon conviction thereof, shall be punished, for a terroristic threat, by imprisonment for not less than five nor more than ten years or by a fine of not less than $50,000.00, or both, and, for a terroristic act, by imprisonment for not less than five nor more than 20 years or by a fine of not less than $100,000.00, or both."
SECTION 5-27. Said title is further amended by revising paragraphs (5) and (12) of subsection (c) of Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on a bus or other transportation furnished by a school, as follows:
"(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 department or correctional agency or facility to carry a firearm; (E) An employee of the Department of Community Supervision who is authorized by the commissioner of community supervision to carry a firearm; (E)(F) 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)(G) Medical examiners, coroners, and their investigators who are employed by the state or any political subdivision thereof;"
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"(12) Community supervision officers 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,' Community Supervision when specifically designated and authorized in writing by the director of the Division of Probation commissioner of community supervision;"
SECTION 5-28. Said title is further amended by revising paragraph (9) of subsection (a) and subsection (b) of Code Section 16-11-130, relating to exemptions from Code Sections 16-11-126 through 16-11-127.2, as follows:
"(9) Community supervision Chief probation officers, probation officers, intensive probation officers, and surveillance officers employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation Act,' Community Supervision when specifically designated and authorized in writing by the director of Division of Probation commissioner of community supervision;" "(b) Code Sections 16-11-126 through 16-11-127.2 shall not apply to or affect persons who at the time of their retirement from service with the Department of Corrections Community Supervision were chief probation officers, probation officers, intensive probation officers, or surveillance community supervision officers, when specifically designated and authorized in writing by the director of the Division of Probation commissioner of community supervision."
SECTION 5-29. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising subsection (d) and paragraph (1) of subsection (h) of Code Section 17-6-1.1, relating to electronic pretrial release and monitoring program for defendants, requirements, procedures, and fees, as follows:
"(d) A defendant may not be released to, or remain in, an electronic pretrial release and monitoring program who if such defendant has any other outstanding warrants, accusations, indictments, holds, or incarceration orders from any other court, law enforcement agency, or probation or parole officer community supervision officer, county or Department of Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42 that require the posting of bond or further adjudication."
"(h)(1) As an additional condition of electronic pretrial release and monitoring, a defendant authorized to participate in such program by the court shall pay a reasonable, nonrefundable fee for program enrollment, equipment use, and monitoring to the provider of such program. If a bonding company, bonding agent, or probation service provider is the provider, the fees earned in the capacity of being such a provider shall be in addition to the fees allowed in Code Sections 17-6-30, 42-8-34, and 42-8-100 42-8-102."
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SECTION 5-30.
Said title is further amended by revising paragraphs (2), (5), and (7) of subsection (a) and subsection (d) of Code Section 17-10-1, relating to fixing of sentence, suspension or probation of sentence, change in sentence, eligibility for parole, prohibited modifications, and exceptions, 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. Supervision 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."
"(5)(A) 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 unsupervised probation on motion of the defendant or on its own motion, or upon the request of a probation supervisor community supervision officer, if the court determines that probation is no longer necessary or appropriate for the ends of justice, the protection of society, and the rehabilitation of the defendant. Prior to entering any order for shortening a period of probation, the court shall afford notice to the victim or victims of all sex related offenses or violent offenses resulting in serious bodily injury or death and, upon request of the victim or victims so notified, shall afford notice and an opportunity for hearing to the defendant and the prosecuting attorney. (B) The Department of Corrections Community Supervision shall establish a form document which shall include the elements set forth in this Code section concerning notification of victims and shall make copies of such form available to prosecuting attorneys in this state. When requested by the victim, the form document shall be provided to the victim by the prosecuting attorney. The form shall include the address of the probation community supervision office having jurisdiction over the case and contain a statement that the victim must maintain a copy of his or her address with the probation community supervision office and must notify the office of any change of address in order to maintain eligibility for notification by the Department of Corrections Community Supervision as required in this Code section." "(7) As used in this subsection, the term:
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(A) 'Active probation supervision' means the period of a probated sentence in which a probationer actively reports to his or her probation supervisor community supervision officer or is otherwise under the direct supervision of a probation supervisor community supervision officer. (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 community supervision officer shall not actively supervise such probationer." "(d) In any case involving a misdemeanor or a felony in which the defendant has been punished in whole or in part by a fine, the sentencing judge shall be authorized to allow the defendant to satisfy such fine through community service as defined in paragraph (2) of Code Section 42-8-70 42-3-50. One hour of community service shall equal the dollar amount of one hour of paid labor at the minimum wage under the federal Fair Labor Standards Act of 1938, as now or hereafter amended, unless otherwise specified by the sentencing judge. A defendant shall be required to serve the number of hours in community service which equals the number derived by dividing the amount of the fine by the federal minimum hourly wage or by the amount specified by the sentencing judge. Prior to or subsequent to sentencing, a defendant may request the court that all or any portion of a fine may be satisfied under this subsection."
SECTION 5-31. Said title is further amended by adding a new Code section to read as follows:
"17-10-1.4. (a) As used in this Code section, the term 'split sentence' means any felony sentence that includes a term of imprisonment followed by a term of probation. (b) In any case where a judge on or after July 1, 2015, sentences a defendant to a split sentence, post-incarceration supervision of the defendant shall be conducted exclusively by the Department of Community Supervision and not by the State Board of Pardons and Paroles, regardless of whether the defendant has served the full period of incarceration ordered in the sentence or has been released prior to the full period of incarceration by parole, conditional release, or other action of the State Board of Pardons and Paroles."
SECTION 5-32. Said title is further amended by revising subsection (f) of Code Section 17-10-3, relating to punishment for misdemeanors generally, as follows:
"(f) The Department of Corrections Community Supervision shall lack jurisdiction to supervise misdemeanor offenders, except when the sentence is made concurrent to a probated felony sentence or as provided in Code Section 42-8-109.5. Except as provided in this subsection, the Department of Corrections shall lack jurisdiction to confine misdemeanor offenders."
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SECTION 5-33. Said title is further amended by revising subsections (c) and (d) of Code Section 17-109.1, relating to voluntary surrender to county jail or correctional institution and release of defendant, as follows:
"(c) When a defendant submits a request to the sentencing judge to be allowed to surrender voluntarily to a county jail or a correctional facility, the judge may consider the request and if, taking into the consideration the crime for which the defendant is being sentenced, the history of the defendant, and any other factors which may aid in the decision, the judge determines that the granting of the request will pose no threat to society, the defendant shall be remanded to the supervision of a probation officer community supervision officer, county or Department of Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42 by the judge and ordered to surrender voluntarily to a county jail designated by the court or to a correctional institution as thereafter designated by the Department of Corrections. The surrender date shall be a date thereafter specified as provided in subsection (d) of this Code section. The sentence of any defendant who is released pursuant to this Code section shall not begin to run until such person surrenders to the facility designated by the court or by the department, provided that such person will shall receive credit toward his or her sentence for time spent in confinement awaiting trial as provided in Code Section 17-10-11. (d) In the event the defendant is ordered to surrender voluntarily to a county jail, the court shall designate the date on which the defendant shall surrender, which date shall not be more than 120 days after the date of conviction. When the sentencing judge issues an order requiring a defendant to surrender voluntarily to a correctional institution, the Department of Corrections shall authorize the commitment and designate the correctional institution to which the defendant shall report and the date on which the defendant is to report, which date shall not be more than 120 days after the date of conviction. Upon such designation, the department shall notify the supervising probation officer community supervision officer, county or Department of Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, as applicable, who shall notify the defendant accordingly. Subsistence and transportation expenses en route to the correctional institution shall be borne by the defendant."
SECTION 5-34. Said title is further amended by revising subsections (a) through (c) of Code Section 1712-51, relating to repayment of attorney's fees as condition of probation, as follows:
"(a) When a defendant who is represented by a public defender, who is paid in part or in whole by a county, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other expenses of the defense if the payment does not impose a financial hardship upon the defendant or the
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defendant's dependent or dependents. The defendant shall make the payment through the probation department community supervision officer to the county. (b) When a defendant who is represented by a public defender, who is paid in part or in whole by a municipality, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other expenses of the defense if the payment does not impose a financial hardship upon the defendant or the defendant's dependent or dependents. The defendant shall make the payment through the probation department community supervision officer to the municipality. (c) If a defendant who is represented by a public defender, who is paid for entirely by the state, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other costs of the defense if the payment does not impose a financial hardship upon such defendant or such defendant's dependent or dependents. Such defendant shall make such payment through the probation department community supervision officer to the Georgia Public Defender Standards Council for payment to the general fund of the state treasury."
SECTION 5-35. Said title is further amended by revising paragraph (4) of Code Section 17-14-2, relating to definitions relative to restitution, as follows:
"(4) 'Ordering authority' means: (A) A court of competent jurisdiction; (B) The State Board of Pardons and Paroles; (C) The Department of Corrections; (D) The Department of Juvenile Justice; or (E) The Department of Community Supervision; or (F) Any combination thereof, as is required by the context."
SECTION 5-36. Said title is further amended by revising Code Section 17-14-8, relating to apportionment of payments for fines and restitution and payment to victims, as follows:
"17-14-8. (a) In any case in which a court sentences an offender to pay restitution and a fine, if the court permits the offender to pay such restitution and fine in other than a lump sum, the clerk of any superior court of this state, probation officer or parole officer community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or other official who receives such partial payments shall apply not less than onehalf of each payment to the restitution before paying any portion of such fine or any forfeitures, costs, fees, or surcharges provided for by law to any agency, department, commission, committee, authority, board, or bureau of state or local government.
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(b) The clerk of any court of this state, probation officer or parole officer community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or other official who receives partial payments for restitution shall pay the restitution amount to the victim as provided in the restitution order not later than the last day of each month, provided that the amount exceeds $100.00. If the amount does not exceed $100.00, the clerk of any court of this state, probation officer or parole officer community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or other official may allow the amount of restitution to accumulate until such time as it exceeds $100.00 or until the end of the next calendar quarter, whichever occurs first."
SECTION 5-37. Said title is further amended by revising subsection (c) of Code Section 17-14-14, relating to restitution payments, wage assignments, review of compliance, and interest, as follows: "(c) Until such time as the restitution has been paid or the sentence has been completed, the clerk of court or the probation or parole officer community supervision officer, county or Department of Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42 assigned to the case, whoever is responsible for collecting restitution, shall review the case not less frequently than twice yearly to ensure that restitution is being paid as ordered. If the restitution was ordered to be made within a specific period of time, the case shall be reviewed at the end of the specific period of time to determine if the restitution has been paid in full. The final review shall be conducted before the sentence or probationary or parole period expires. If it is determined at any review that restitution is not being paid as ordered, a written report of the violation shall be filed with the court on a form prescribed by the Council of Superior Court Clerks of Georgia."
SECTION 5-38. Said title is further amended by revising Code Section 17-14-16, relating to provision of copies of restitution orders to the Department of Corrections or the Department of Juvenile Justice on remand of sentence, as follows:
"17-14-16. If an offender who is ordered to pay restitution under this article is remanded to the jurisdiction of the Department of Corrections or the Department of Juvenile Justice, the court shall provide transmit a copy of the restitution order to such department and to the Department of Community Supervision when the offender is remanded to such department's jurisdiction order is issued."
SECTION 5-39. Said title is further amended by revising subsections (e) and (f) of Code Section 17-1513, relating to debt to state created, payment as condition of probation or parole, and payment into fund, as follows:
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"(e) Payments authorized or required under this Code section shall be paid into the fund. The board shall coordinate the development of policies and procedures for the State Board of Pardons and Paroles, the Department of Community Supervision, and the Administrative Office of the Courts to assure that restitution programs are administered in an effective manner to increase payments into the fund. (f) In every case where an individual is serving under active probation supervision and paying a supervision fee, $9.00 per month shall be added to any supervision fee collected by any entity authorized to collect such fees and shall be paid into the fund. This subsection shall apply to probationers supervised under either Code Section 42-820 or 42-8-100 by community supervision officers or private probation officers or probation officers pursuant to Article 6 of Chapter 8 of Title 42. The probation supervising entity shall collect and forward the $9.00 fee to the board by the end of each month."
SECTION 5-40. Said title is further amended by revising paragraph (5) of Code Section 17-17-3, relating to definitions regarding the "Crime Victims' Bill of Rights," as follows:
"(5) 'Custodial authority' means a warden, sheriff, jailer, deputy sheriff, police officer, correctional officer, officer or employee of the Department of Corrections or the Department of Juvenile Justice, community supervision officer or employee of the Department of Community Supervision, or any other law enforcement officer having actual custody of the accused."
SECTION 5-41. Said title is further amended by revising paragraph (2) of subsection (c) of Code Section 17-17-8, relating to notification by prosecuting attorney of legal procedures and of victim's rights in relation thereto and victims seeking restitution, as follows:
"(2) The prosecuting attorney shall transmit the information collected in paragraph (1) of this subsection to the Department of Corrections, Department of Community Supervision, Department of Juvenile Justice, or the State Board of Pardons and Paroles, as applicable, if an order of restitution is entered."
SECTION 5-42. Said title is further amended by revising subsection (a) of Code Section 17-17-14, relating to victim required to provide current address and phone number to notifying parties, as follows:
"(a) It is the right and responsibility of the victim who desires notification under this chapter or under any other notification statute to keep the following informed of the victim's current address and phone number:
(1) The investigating law enforcement agency; (2) The prosecuting attorney, until final disposition or completion of the appellate and post-conviction process, whichever occurs later;
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(3) As directed by the prosecuting attorney, the sheriff if the accused is in the sheriff's custody for pretrial, trial, or post-conviction proceedings; the Department of Corrections if the accused is in the custody of the state; or any county correctional facility if the defendant is sentenced to serve time in a facility which is not a state facility; and (4) The Department of Community Supervision; and (4)(5) The State Board of Pardons and Paroles."
SECTION 5-43. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by revising subsection (a) of Code Section 19-7-52, relating to whom support payments made and enforcement and modification of orders, as follows:
"(a) The court may order that support payments be made to the mother or other interested party, the child support receiver, the prosecuting attorney, the probation community supervision officer, or the clerk of court, provided that, in those cases where the action has been brought by the Department of Human Services on behalf of a child, the support payment shall be made to the Department of Human Services for distribution or to the child support receiver if the Department of Human Services so requests."
SECTION 5-44. Said title is further amended by revising Code Section 19-11-21, relating to payment of child support to the Department of Human Services, as follows:
"19-11-21. Payment of support pursuant to an administrative determination or a voluntary agreement shall be made to the department. In non-TANF cases, where the department deems it appropriate, it may authorize distribution of the actual payment by other individuals, agencies, or entities and utilize certification schedules reflecting such payments or distributions which the department requires, in accordance with the federal Social Security Act, as amended. Child support which is ordered by a court pursuant to a divorce decree or in any other proceeding in which the responsible parent is required to pay support for his or her child or children, whether the proceeding is civil or criminal, shall be paid by the responsible parent, the clerk of court, the juvenile probation officer, the community supervision officer, the child support receiver, or a similar official who is collecting support to the department upon the department's certification that the child is a recipient of public assistance or upon the department's certification that an application has been filed with the department for enforcement of support in accordance with the provisions of the federal Social Security Act."
SECTION 5-45. Said title is further amended by revising Code Section 19-11-67, relating to transmittal of payments to court of initiating state and certified statement of payments made by respondent relative to child support, as follows:
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"19-11-67. A court of this state, when acting as a responding state, shall have the following duties, which may be carried out through the probation department of community supervision office, juvenile probation office, or probation office under the authority of Article 6 of Chapter 8 of Title 42 for the court:
(1) Upon the receipt of a payment made by the respondent pursuant to any order of the court or otherwise, to transmit the same forthwith to the court of the initiating state; and (2) Upon request, to furnish to the court of the initiating state a certified statement of all payments made by the respondent."
SECTION 5-46. Said title is further amended by revising Code Section 19-13-10, relating to definitions relative to family violence intervention, as follows:
"19-13-10. As used in this article, the term:
(1) 'Commission' means the State Commission on Family Violence. (2) 'Commissioner' means the commissioner of corrections community supervision. (3) 'Department' means the Department of Corrections Community Supervision. (4) 'Family or household members' means past or present spouses, persons who are parents of the same child, or other persons living or formerly living in the same household. (5) 'Family violence' means the commission of the offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, or criminal trespass between family or household members. (6) 'Family violence intervention program' or 'program' means any program that is certified by the Department of Corrections Community Supervision pursuant to Code Section 19-13-14 and designed to rehabilitate family violence offenders. The Such term includes shall include, but is shall not be limited to, batterer intervention programs, anger management programs, anger counseling, family problem resolution, and violence therapy."
SECTION 5-47. Said title is further amended by revising Code Section 19-13-31, relating to creation of the State Commission on Family Violence, comprehensive state plan for ending family violence, and establishment of community task forces, as follows:
"19-13-31. There is created a State Commission on Family Violence which shall be responsible for developing a comprehensive state plan for ending family violence. This plan shall include the initiation, coordination, and oversight of the implementation of family violence laws and the establishment in each judicial circuit of a Community Task Force on Family Violence. These task forces shall be supported by and work in collaboration with the state commission. The commission shall be assigned for administrative
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purposes only, as set out in Code Section 50-4-3, to the Department of Corrections Community Supervision."
SECTION 5-48. Said title is further amended by revising subsection (a) of Code Section 19-13-32, relating to membership, terms, filling of vacancies, and officers regarding the State Commission on Family Violence, as follows:
"(a) The State Commission on Family Violence shall consist of 37 members: (1) Three ex officio members shall be the director of the Division of Family and Children Services of the Department of Human Services, the director of Women's Health Services in the Department of Public Health, and the Attorney General; (2) Three members shall be members of the House of Representatives and shall be appointed by the Speaker of the House of Representatives; (3) Three members shall be members of the Senate and shall be appointed by the President of the Senate; (4) The remaining members shall be appointed by the Governor as follows: (A) One judge from each judicial administrative district; (B) Three advocates for battered women recommended by groups which have addressed the problem of family violence; (C) One person with expertise and interest regarding family violence involving persons who are 60 years of age or older; (D) One person with expertise and interest regarding family violence involving children; and (E) One representative from each of the following: (i) The Administrative Office of the Courts; (ii) The Georgia Peace Officer Standards and Training Council; (iii) The Georgia Association of Chiefs of Police; (iv) The District Attorneys Association of Georgia; (v) The State Board of Pardons and Paroles; (vi) The probation system Department of Community Supervision; (vii) The Georgia Sheriffs' Association; (viii) The Criminal Justice Coordinating Council; (ix) The Solicitors Association of Georgia; (x) The legal aid community; (xi) The academic community; (xii) Men Stopping Violence; and (xiii) A former victim of domestic violence."
SECTION 5-49. Said title is further amended by revising subsection (a) of Code Section 19-13-34, relating to powers and duties of the State Commission on Family Violence, as follows:
"(a) The commission shall have the following duties:
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(1) To study and evaluate the needs, priorities, programs, policies, and accessibility of services relating to family violence throughout the this state; (2) To evaluate and monitor the adequacy and effectiveness of existing family violence laws, including the response of the present civil and criminal legal systems; (3) To initiate and coordinate the development of family violence legislation, as necessary; (4) To monitor the implementation and enforcement of laws, regulations, and protocols concerning family violence; (5) To make recommendations for education and training to ensure that all citizens and service providers, including but not limited to members of the judiciary, law enforcement personnel, and prosecuting attorneys, are aware of needs relating to family violence and of services available; (6) To develop models for community task forces on family violence; (7) To provide training and continuing education on the dynamics of family violence to members of the commission where appropriate and necessary; (8) To report annually to the General Assembly during its existence; and (9) To develop standards to be utilized by the Department of Corrections Community Supervision in the certification and regulation of family violence intervention programs."
SECTION 5-50. Said title is further amended by revising paragraph (4) of Code Section 19-13-51, relating to definitions relative to the "Family Violence and Stalking Protective Order Registry Act," as follows:
"(4) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the following: state or local officer, sheriff, deputy sheriff, dispatcher, 9-1-1 operator, police officer, prosecuting attorney, member of the State Board of Pardons and Paroles, a hearing officer and parole officer of the State Board of Pardons and Paroles, and a probation community supervision officer of the Department of Corrections Community Supervision."
SECTION 5-51. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-2-699, relating to 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
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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 child or a child in need of services, the person shall cause the child to be brought before the juvenile probation officer or community supervision officer of the county having jurisdiction over such child."
SECTION 5-52. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by revising subsection (a) of Code Section 21-2-231, relating to lists of persons convicted of felonies, persons identified as noncitizens, persons declared mentally incompetent, and deceased persons provided to Secretary of State and Council of Superior Court Clerks, removal of names from list of electors, obtain information about persons who died, timing, and list of inactive voters provided to Council of Superior Court Clerks, as follows:
"(a) Unless otherwise notified by the Secretary of State, the Georgia Crime Information Center shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State and The Council of Superior Court Clerks of Georgia a complete list of all persons, including dates of birth, social security numbers, and other information as prescribed by the Secretary of State or The Council of Superior Court Clerks of Georgia, who were convicted of a felony in this state since the preceding reporting period. The Secretary of State or The Council of Superior Court Clerks of Georgia may, by agreement with the commissioner of corrections and the commissioner of community supervision, obtain criminal information relating to the conviction, sentencing, and completion of sentencing requirements of felonies. Additionally, the Secretary of State and The Council of Superior Court Clerks of Georgia shall be authorized to obtain such criminal information relating to Georgia electors convicted of a felony in another state, if such information is available."
SECTION 5-53. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by revising paragraph (2) of Code Section 34-9-1, relating to definitions for workers' compensation, as follows:
"(2) 'Employee' means every person in the service of another under any contract of hire or apprenticeship, written or implied, except a person whose employment is not in the usual course of the trade, business, occupation, or profession of the employer; and, except as otherwise provided in this chapter, minors are included even though working in violation of any child labor law or other similar statute; provided, however, that nothing contained in this chapter shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, if the employee dies, include such employee's legal representatives, dependents, and other persons to whom compensation may be payable pursuant to this chapter. All firefighters, law enforcement personnel, and personnel of emergency management or civil defense agencies, emergency medical services, and rescue organizations whose compensation is paid by the state or any county or municipality, regardless of
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the method of appointment, and all full-time county employees and employees of elected salaried county officials are specifically included in this definition. There shall also be included within such term any volunteer firefighter of any county or municipality of this state, but only for services rendered in such capacity which are not prohibited by Code Section 38-3-36 and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer firefighters; any volunteer law enforcement personnel of any county or municipality of this state who are certified by the Georgia Peace Officer Standards and Training Council, for volunteer law enforcement services rendered in such capacity which are not prohibited by Code Section 38-3-36 and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer law enforcement personnel; any person who is a volunteer member or worker of an emergency management or civil defense organization, emergency medical service, or rescue organization, whether governmental or not, of any county or municipality of this state for volunteer services, which are not prohibited by Code Section 38-3-36, rendered in such capacity and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer members or workers; and any person certified by the Department of Public Health or the Georgia Composite Medical Board and registered with any county or municipality of this state as a medical first responder for any volunteer first responder services rendered in such capacity, which are not prohibited by Code Section 38-3-36 and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such responders. The various elected county officers and elected members of the governing authority of an individual county shall also be included in this definition, if the governing authority of said such county shall provide therefor by appropriate resolution. For the purposes of workers' compensation coverage, employees of county and district health agencies established under Chapter 3 of Title 31 are deemed and shall be considered employees of the State of Georgia and employees of community service boards established under Chapter 2 of Title 37 shall be considered to be employees of the state. For the purpose of workers' compensation coverage, members of the Georgia National Guard and the State Defense Force serving on state active duty pursuant to an order by the Governor are deemed and shall be considered to be employees of this state. A person shall be an independent contractor and not an employee if such person has a written contract as an independent contractor and if such person buys a product and resells it, receiving no other compensation, or provides an agricultural service or such person otherwise qualifies as an independent contractor. Notwithstanding the foregoing provisions of this paragraph, any officer of a corporation may elect to be exempt from coverage under this chapter by filing written certification of such election with the insurer or, if there is no insurer, the State Board of Workers' Compensation as provided in Code Section 34-9-2.1. For purposes of this chapter, an owner-operator
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as such term is defined in Code Section 40-2-87 shall be deemed to be an independent contractor. Inmates or persons participating in a work release program, community service program, or similar program as part of the punishment for violation of a municipal ordinance pursuant to Code Section 36-32-5 or a county ordinance or a state law shall not be deemed to be an employee while participating in work or training or while going to and from the work site or training site, unless such inmate or person is employed for private gain in violation of Code Section 42-1-5 or Code Section 42-8-70 42-3-50 or unless the municipality or county had voluntarily established a policy, on or before January 1, 1993, to provide workers' compensation benefits to such individuals. Individuals who are parties to a franchise agreement as set out by the Federal Trade Commission franchise disclosure rule, 16 C.F.R. 436.1 through 436.11, shall not be deemed employees for purposes of this chapter."
SECTION 5-54. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by revising subsections (b) and (g) of Code Section 35-3-36, relating to duties of state criminal justice agencies as to submission of fingerprints, photographs, and other identifying data to the Georgia Crime Information Center and responsibility for accuracy, as follows:
"(b) It shall be the duty of all chiefs of police, sheriffs, prosecuting attorneys, courts, judges, parole and probation officers community supervision officers, county or department of Juvenile Justice juvenile probation officers, probation officers serving pursuant to Article 6 of Chapter 8 of Title 42, wardens, or other persons in charge of penal and correctional institutions in this state to furnish the center with any other data deemed necessary by the center to carry out its responsibilities under this article." "(g) All persons in charge of law enforcement agencies, all clerks of court, all municipal judges where they have no clerks, all magistrates, and all persons in charge of state and county probation and parole community supervision, juvenile probation, or Article 6 of Chapter 8 of Title 42 probation offices shall supply the center with the information described in Code Section 35-3-33 on the basis of the forms and instructions to be supplied by the center."
SECTION 5-55. Said title is further amended by revising subsection (a) of Code Section 35-6A-3, relating to membership, vacancies, and membership not bar to holding public office relative to the Criminal Justice Coordinating Council, as follows:
"(a) The Criminal Justice Coordinating Council shall consist of 24 26 members and shall be composed as follows:
(1) The chairperson of the Georgia Peace Officer Standards and Training Council, the director of homeland security, the chairperson of the Judicial Council of Georgia, the chairperson of the Prosecuting Attorneys' Council of the State of Georgia, the commissioner of corrections, the chairperson of the Board of Corrections, the commissioner of community supervision, the chairperson of the Board of Community
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Supervision, the vice chairperson of the Board of Public Safety, the chairperson of the State Board of Pardons and Paroles, the State School Superintendent, the commissioner of community affairs, the president of the Council of Juvenile Court Judges, the chairperson of the Georgia Public Defender Standards Council, the chairperson of the Governor's Office for Children and Families, and the commissioner of juvenile justice or their designees shall be ex officio members of the council, as full voting members of the council by reason of their office; and (2) Ten members shall be appointed by the Governor for terms of four years, their initial appointments, however, being four for four-year terms, two for three-year terms, and four for two-year terms. Appointments shall be made so that there are always on the council the following persons: one county sheriff, one chief of police, one mayor, one county commissioner, one superior court judge, four individuals who shall be, by virtue of their training or experience, knowledgeable in the operations of the criminal justice system of this state, and one individual who shall be, by virtue of his or her training and experience, knowledgeable in the operations of the entire spectrum of crime victim assistance programs delivering services to victims of crime. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment."
SECTION 5-56. Said title is further amended by revising paragraphs (7) and (8) of Code Section 35-8-2, relating to definitions relative to the employment and training of peace officers, as follows:
"(7) 'Law enforcement unit' means: (A) Any agency, organ, or department of this state, a subdivision or municipality thereof, or a railroad whose primary functions include the enforcement of criminal or traffic laws, the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime; (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 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 delinquent children and any child with a pending juvenile court case alleging the child to be a child in need of services; and (C) The Department of Corrections, the Department of Community Supervision, the State Board of Pardons and Paroles, municipal correctional institutions employing 300 or more correctional officers, and county correctional institutions for the purpose of personnel who are authorized to exercise the power of arrest and who are employed or appointed by said such department, board, or institutions.
(8) 'Peace officer' means, for purposes of this chapter only:
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(A) An agent, operative, or officer of this state, a subdivision or municipality thereof, or a railroad who, as an employee for hire or as a volunteer, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws through the power of arrest and whose duties include the preservation of public order, the protection of life and property, and the prevention, detection, or investigation of crime; (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 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, the supervision of delinquent children in the department's institutions, facilities, or programs, or the supervision of delinquent children under intensive supervision in the community; (C) Personnel who are authorized to exercise the power of arrest and who are employed or appointed by the Department of Corrections, the Department of Community Supervision, the State Board of Pardons and Paroles, municipal correctional institutions employing 300 or more correctional officers, county probation systems, and county correctional institutions; and (D) An administrative investigator who is an agent, operative, investigator, or officer of this state whose duties include the prevention, detection, and investigation of violations of law and the enforcement of administrative, regulatory, licensing, or certification requirements of his or her respective employing agency. Law enforcement support personnel are not peace officers within the meaning of this chapter, but they may be certified upon voluntarily complying with the certification provisions of this chapter."
SECTION 5-57. Said title is further amended by revising subsections (a) and (b) of Code Section 35-8-3, relating to establishment of the Georgia Peace Officer Standards and Training Council, membership, organization, and administrative assignment to the Department of Public Safety, as follows:
"(a) The Georgia Peace Officer Standards and Training Council is established. The council shall consist of 19 20 voting members and five advisory members. (b) The voting members shall consist of:
(1) An appointee of the Governor who is not the Attorney General, the commissioner of public safety or his or her designee, the director of investigation of the Georgia Bureau of Investigation or his or her designee, the president of the Georgia Association of Chiefs of Police or his or her designee, the president of the Georgia Sheriffs Association or his or her designee, the president of the Georgia Municipal
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Association or his or her designee, the president of the Association County Commissioners of Georgia or his or her designee, the president of the Peace Officers' Association of Georgia or his or her designee, the commissioner of corrections or his or her designee, the commissioner of community supervision or his or her designee, the chairperson of the State Board of Pardons and Paroles or his or her designee, and the president of the Georgia Prison Wardens Association or his or her designee, who shall be ex officio members of the council; (2) Six members who shall be appointed by the Governor for terms of four years, their initial appointments, however, being two for four-year terms, two for three-year terms, and two for two-year terms. Appointments shall be made so that there are always on the council the following persons who are appointed by the Governor: one chief of police; two municipal police officers other than a chief of police; one county sheriff; one city manager or mayor; and one county commissioner. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment. Vacancies shall be filled in the same manner as the original appointment and successors shall serve for the unexpired term. Any member may be appointed for additional terms; and (3) Two members who are peace officers and who shall be appointed by the Governor for terms of four years. Neither person shall serve beyond the time he or she is actively employed or serves as a peace officer. Vacancies shall be filled in the same manner as the original appointment and successors shall serve for the unexpired term."
SECTION 5-58. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by revising subsection (a) of Code Section 37-2-4, relating to the Behavioral Health Coordinating Council, membership, meetings, and obligations, as follows:
"(a) There is created the Behavioral Health Coordinating Council. The council shall consist of the commissioner of behavioral health and developmental disabilities; the commissioner of community health; the commissioner of public health; the commissioner of human services; the commissioner of juvenile justice; the commissioner of corrections; the commissioner of community supervision; the commissioner of community affairs; the Commissioner of Labor; the State School Superintendent; the chairperson of the State Board of Pardons and Paroles; the ombudsman appointed pursuant to Code Section 37-2-32; an adult consumer of public behavioral health services, appointed by the Governor; a family member of a consumer of public behavioral health services, appointed by the Governor; a parent of a child receiving public behavioral health services, appointed by the Governor; a member of the House of Representatives, appointed by the Speaker of the House of Representatives; and a member of the Senate, appointed by the Lieutenant Governor."
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SECTION 5-59. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising subsection (c) of Code Section 40-5-64, relating to limited driving permits for certain offenders, as follows:
"(c) Standards for approval. The department shall issue a limited driving permit if the application indicates that refusal to issue such permit would cause extreme hardship to the applicant. Except as otherwise provided by subsection (c.1) of this Code section, for the purposes of this Code section, 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and therefore the applicant would be prohibited from:
(1) Going to his or her place of employment; (2) Receiving scheduled medical care or obtaining prescription drugs; (3) Attending a college or school at which he or she is regularly enrolled as a student; (4) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; (5) Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver's license or by the commissioner; (6) Attending court, reporting to a probation office or officer, community supervision, juvenile probation, or Article 6 of Chapter 8 of Title 42 probation office or reporting to a community supervision officer, county or Department of Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42 or performing community service; or (7) Transporting an immediate family member who does not hold a valid driver's license for work, medical care, or prescriptions or to school."
SECTION 5-60. Said title is further amended by revising subsection (b) of Code Section 40-5-81, relating to program optional and certification and approval of courses relative to defensive driving courses or alcohol or drug programs, as follows:
"(b) Whenever any person is authorized or required to attend a driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program as a condition of any sentence imposed under this title or any ordinance enacted pursuant to this title or as a condition of the retention or restoration of the person's driving privilege, such person, in complying with such condition, shall be authorized to attend any driver improvement clinic approved under this article or DUI Alcohol or Drug Use Risk Reduction Program certified under this article; and no judicial officer, probation community supervision officer, law enforcement officer, or other officer or employee of a court or person who owns, operates, or is employed by a private company which has contracted to provide private probation services for misdemeanor cases shall specify, directly or indirectly, a particular driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction
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Program which the person may or shall attend. This Code section shall not prohibit any judicial officer, probation community supervision officer, law enforcement officer, or other officer or employee of a court or owner, operator, or employee of a private company which has contracted to provide probation services for misdemeanor offenders from furnishing any person, upon request, the names of approved driver improvement clinics or certified DUI Alcohol or Drug Use Risk Reduction Programs."
SECTION 5-61. Said title is further amended by revising subsection (d) of Code Section 40-5-83, relating to establishment and approval of driver improvement clinics and programs, out-of-state certificates of completion, instructor licenses, fees, operation of clinics by employees of probation division, and submission of fingerprints by applicants, as follows:
"(d) Notwithstanding the provisions of any law or rule or regulation which prohibits any individual who is a was a probation officer or other official or employee of the probation division of the Department of Corrections on or before June, 30, 2015, or a spouse of such individual from owning, operating, instructing at, or being employed by a driver improvement clinic, any individual who is was a probation officer or other official or employee of the probation division of the Department of Corrections on or before June 30, 2015, or a spouse of such individual who owns, operates, instructs at, or is employed by a driver improvement clinic on June 1, 1985, and who in all respects is and remains shall remain qualified to own, operate, instruct at, or be employed by a driver improvement clinic is expressly authorized to continue on and after June 1, 1985, and to engage in such activities. Any individual who is an employee of the Department of Community Supervision or a spouse of such individual who owns, operates, instructs at, or is employed by a driver improvement clinic on July 1, 2015, and who in all respects is and remains qualified to own, operate, instruct at, or be employed by a driver improvement clinic shall be expressly authorized to continue on and after June 1, 2015, to engage in such activities. No person who owns, operates, or is employed by a private company which has contracted to provide probation services for misdemeanor cases shall be authorized to own, operate, be an instructor at, or be employed by a driver improvement clinic or a DUI Alcohol or Drug Use Risk Reduction Program."
SECTION 5-62. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising subparagraph (F) of paragraph (6) of Code Section 42-1-1, relating to definitions, as follows:
"(F) Electronic monitoring, as such term is defined in Code Section 42-8-151 42-3111; and"
SECTION 5-63. Said title is further amended by revising Code Section 42-1-10, relating to preliminary urine screen drug tests, as follows:
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"42-1-10. (a) Any probation officer, parole officer, or other community supervision officer of the Department of Community Supervision or official or employee of the Department of Corrections who supervises any person covered under the provisions of paragraphs (1) through (7) of this subsection shall be exempt from the provisions of Chapter 22 of Title 31 for the limited purposes of administering a preliminary urine screen drug test to any person who is:
(1) Incarcerated; (2) Released as a condition of probation for a felony or misdemeanor; (3) Released as a condition of conditional release; (4) Released as a condition of parole; (5) Released as a condition of provisional release; (6) Released as a condition of pretrial release; or (7) Released as a condition of control release. (b) The Department of Corrections, Department of Community Supervision, and the State Board of Pardons and Paroles shall develop a procedure for the performance of preliminary urine screen drug tests in accordance with the manufacturer's standards for certification. Community supervision officers of the Department of Community Supervision or Probation officers, parole officers, or other officials or employees of the Department of Corrections who are supervisors of any person covered under paragraphs (1) through (7) of subsection (a) of this Code section shall be authorized to perform preliminary urine screen drug tests in accordance with such procedure. Such procedure shall include instructions as to a confirmatory test by a licensed clinical laboratory where necessary."
SECTION 5-64. Said title is further amended by revising subsection (c) of Code Section 42-1-11, relating to notification of crime victim of impending release of offender from imprisonment, as follows:
"(c) The notice given to a victim of a crime against a person or sexual offense must shall include the conditions governing the offender's release or transfer and either the identity of the corrections agent or the county community supervision officer who will be supervising the offender's release or a means to identify the agency that will be supervising the offender's release. The custodial authority complies with this Code section upon mailing the notice of impending release to the victim at the address which the victim has most recently provided to the custodial authority in writing."
SECTION 5-65. Said title is further amended by revising paragraph (2) of subsection (a) and adding a new subsection to Code Section 42-1-12, relating to the State Sexual Offender Registry, to read as follows:
"(2) 'Appropriate official' means:
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(A) With respect to a sexual offender who is sentenced to probation without any sentence of incarceration in the state prison system or who is sentenced pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, the Division of Probation of the Department of Corrections Department of Community Supervision; (B) With respect to a sexual offender who is sentenced to a period of incarceration in a prison under the jurisdiction of the Department of Corrections and who is subsequently released from prison or placed on probation, the commissioner of corrections or his or her designee; (C) With respect to a sexual offender who is placed on parole, the chairperson of the State Board of Pardons and Paroles or his or her designee; and (D) With respect to a sexual offender who is placed on probation through a private probation agency, the director of the private probation agency or his or her designee." "(c.1) The Department of Community Supervision shall keep all records of sexual offenders in a secure facility in accordance with Code Sections 15-1-10, 15-6-62, and 15-6-62.1 until official proof of death of a registered sexual offender; thereafter, the records shall be destroyed."
SECTION 5-66. Said title is further amended by revising Code Section 42-1-14, relating to risk assessment classification, classification as "sexually dangerous predator," and electronic monitoring, as follows:
"42-1-14. (a)(1) The board shall determine the likelihood that a sexual offender will engage in another crime against a victim who is a minor or a dangerous sexual offense. The board shall make such determination for any sexual offender convicted on or after July 1, 2006, of a criminal offense against a victim who is a minor or a dangerous sexual offense and for any sexual offender incarcerated on July 1, 2006, but convicted prior to July 1, 2006, of a criminal offense against a victim who is a minor. Any sexual offender who changes residence from another state or territory of the United States or any other place to this state and who is not already designated under Georgia law as a sexually dangerous predator, sexual predator, or a sexually violent predator shall have his or her required registration information forwarded by the sheriff of his or her county of registration to the board for the purpose of risk assessment classification. The board shall also make such determination upon the request of a superior court judge for purposes of considering a petition to be released from registration restrictions or residency or employment restrictions as provided for in Code Section 42-1-19. (2) A sexual offender shall be placed into Level I risk assessment classification, Level II risk assessment classification, or sexually dangerous predator classification based upon the board's assessment criteria and information obtained and reviewed by the board. The sexual offender may provide the board with information, including, but not limited to, psychological evaluations, sexual history polygraph information,
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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 or supervision through the Department of Corrections or the Department of Community Supervision, 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 State 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 (E) Ninety days if such classification is requested by the court pursuant to a petition filed under Code Section 42-1-19. (3) The board shall notify the sex sexual offender by first-class mail of its determination of risk assessment classification and shall send a copy of such classification to the Georgia Bureau of Investigation, the Department of Corrections, the Department of Community Supervision, the sheriff of the county where the sexual offender is registered, and the sentencing court, if applicable. (b) If the board determines that a sexual offender should be classified as a Level II risk assessment classification or as a sexually dangerous predator, the sexual offender may petition the board to reevaluate his or her classification. To file a petition for reevaluation, the sexual offender shall be required to submit his or her written petition for reevaluation to the board within 30 days from the date of the letter notifying the sexual offender of his or her classification. The sexual offender shall have 60 days from the date of the notification letter to submit information as provided in subsection (a) of this Code section in support of the sexual offender's petition for reevaluation. If
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the sexual offender fails to submit the petition or supporting documents within the time limits provided, the classification shall be final. The board shall notify the sexual offender by first-class mail of its decision on the petition for reevaluation of risk assessment classification and shall send a copy of such notification to the Georgia Bureau of Investigation, the Department of Corrections, the Department of Community Supervision, the sheriff of the county where the sexual offender is registered, and the sentencing court, if applicable. (c) A sexual offender who is classified by the board as a Level II risk assessment classification or as a sexually dangerous predator may file a petition for judicial review of his or her classification within 30 days of the date of the notification letter or, if the sexual offender has requested reevaluation pursuant to subsection (b) of this Code section, within 30 days of the date of the letter denying the petition for reevaluation. The petition for judicial review shall name the board as defendant, and the petition shall be filed in the superior court of the county where the offices of the board are located. Within 30 days after service of the appeal on the board, the board shall submit a summary of its findings to the court and mail a copy, by first-class mail, to the sexual offender. The findings of the board shall be considered prima-facie evidence of the classification. The court shall also consider any relevant evidence submitted, and such evidence and documentation shall be mailed to the parties as well as submitted to the court. The court may hold a hearing to determine the issue of classification. The court may uphold the classification of the board, or, if the court finds by a preponderance of the evidence that the sexual offender is not placed in the appropriate classification level, the court shall place the sexual offender in the appropriate risk assessment classification. The court's determination shall be forwarded by the clerk of the court to the board, the sexual offender, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender is registered. (d) Any individual who was classified as a sexually violent predator prior to July 1, 2006, shall be classified as a sexually dangerous predator on and after July 1, 2006. (e) Any sexually dangerous predator shall be required to wear an electronic monitoring system that shall have, at a minimum:
(1) The capacity to locate and record the location of a sexually dangerous predator by a link to a global positioning satellite system; (2) The capacity to timely report or record a sexually dangerous predator's presence near or within a crime scene or in a prohibited area or the sexually dangerous predator's departure from specific geographic locations; and (3) An alarm that is automatically activated and broadcasts the sexually dangerous predator's location if the global positioning satellite monitor is removed or tampered with by anyone other than a law enforcement official designated to maintain and remove or replace the equipment. Such electronic monitoring system shall be worn by a sexually dangerous predator for the remainder of his or her natural life. The sexually dangerous predator shall pay the cost of such system to the Department of Corrections Community Service if the sexually dangerous predator is on probation; to the State Board of Pardons and Paroles
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if the sexually dangerous predator is on parole; under probation or parole supervision and to the sheriff after the sexually dangerous predator completes his or her term of probation and parole or if the sexually dangerous predator has moved to this state from another state, territory, or country. The electronic monitoring system shall be placed upon the sexually dangerous predator prior to his or her release from confinement. If the sexual offender is not in custody, within 72 hours of the decision classifying the sexual offender as a sexually dangerous predator in accordance with subsection (b) of this Code section, the sexually dangerous predator shall report to the sheriff of the county of his or her residence for purposes of having the electronic monitoring system placed on the sexually dangerous predator. (f) In addition to the requirements of registration for all sexual offenders, a sexually dangerous predator shall report to the sheriff of the county where such predator resides six months following his or her birth month and update or verify his or her required registration information."
SECTION 5-67. Said title is further amended by revising subsection (f) of Code Section 42-1-19, relating to petition for release from registration requirements, as follows:
"(f) The court may issue an order releasing the individual from registration requirements or residency or employment restrictions, in whole or part, if the court finds by a preponderance of the evidence that the individual does not pose a substantial risk of perpetrating any future dangerous sexual offense. The court may release an individual from such requirements or restrictions for a specific period of time. The court shall send a copy of any order releasing an individual from any requirements or restrictions to the sheriff and the district attorney of the jurisdiction where the petition is filed, to the sheriff of the county where the individual resides, to the Department of Corrections, to the Department of Community Supervision, and to the Georgia Bureau of Investigation."
SECTION 5-68. Said title is further amended by revising subsection (c) of Code Section 42-2-11, relating to powers and duties of the Board of Corrections and adoption of rules and regulations, as follows:
"(c)(1) The board shall adopt rules governing the assignment, housing, working, feeding, clothing, treatment, discipline, rehabilitation, training, and hospitalization of all inmates coming under its custody.
(2)(A) As used in this paragraph, the term: (i) 'Evidence based practices' means supervision policies, procedures, programs, and practices that scientific research demonstrates reduce recidivism among individuals who are under some form of correctional supervision. (ii) 'Recidivism' means returning to prison or jail within three years of being placed on probation or being discharged or released from a department or jail facility.
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(B) The board shall adopt rules and regulations governing the management and treatment of inmates and probationers coming under its custody to ensure that evidence based practices, including the use of a risk and needs assessment and any other method the board deems appropriate, guide decisions related to preparing inmates for release into the community and managing probationers in the community. The board shall require the department to collect and analyze data and performance outcomes relevant to the level and type of treatment given to an inmate or probationer and the outcome of the treatment on his or her recidivism and prepare an annual report regarding such information which shall be submitted to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House Committee on State Properties and the Senate State Institutions and Property Committee."
SECTION 5-69. Said title is further amended by revising paragraphs (3) and (4) of subsection (a) of Code Section 42-2-15, relating to the employee benefit fund of the Department of Corrections, as follows:
"(3) 'Executive director of the facility' means the warden, superintendent, chief probation official, or such other head of a facility. (4) 'Facility' means a prison, institution, detention center, diversion center, probation office, or such other similar property under the jurisdiction or operation of the department."
SECTION 5-70. Said title is further amended by revising paragraph (3) of Code Section 42-4-50, relating to definitions relative to medical services for inmates, as follows:
"(3) 'Inmate' means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, or a municipal offense. Such term does not include any sentenced inmate who is the responsibility of the State Department of Corrections."
SECTION 5-71. Said title is further amended by revising paragraph (5) of subsection (a) of Code Section 42-5-50, relating to transmittal of information on convicted persons, as follows:
"(5) A copy of the sentencing information report is required in all jurisdictions with an options system day reporting center certified by the department Department of Community Supervision. The failure to provide the sentencing information report shall not cause an increase in the 15 day time period for the department to assign the inmate to a correctional institution as set forth in subsection (b) of this Code section."
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SECTION 5-72. Said title is further amended by repealing in its entirety Article 4 of Chapter 8, relating to participation of probationers in community service programs, and designating said article as reserved.
SECTION 5-73. Said title is further amended by revising subsections (c) and (d) of Code Section 42-8112, relating to timing for issuance of ignition interlock device limited driving permit, documentation required, and reporting requirement, as follows:
"(c) Each resident of this state who is required to have an ignition interlock device installed pursuant to this article shall report to the provider center every 30 days for the purpose of monitoring the operation of each required ignition interlock device. If at any time it is determined that a person has tampered with the device, the Department of Driver Services shall be given written notice within five days by the probation community supervision officer, the court ordering the use of such device, or the interlock provider. If an ignition interlock device is found to be malfunctioning, it shall be replaced or repaired, as ordered by the court or the Department of Driver Services, at the expense of the provider.
(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 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 Department of Driver Services 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. (2) Any person whose ignition interlock device limited driving permit was revoked on or before July 1, 2004, for failure to report or failure to receive a satisfactory report may make a written request for a hearing and remit to the department Department of Driver Services 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 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 one year to such person. Such reasons shall be for providential cause and shall include, but not be limited to, the following:
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(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 (D) The vehicle with the installed interlock device was rendered inoperable by reason of collision, fire, or a major mechanical failure. (4) If the hearing officer determines that the person failed to report to the ignition interlock provider for any reason other than those specified in paragraph (3) of this subsection, or if the person received an unsatisfactory report from the provider, after the expiration of 120 days the person may apply to the department Department of Driver Services and the department Department of Driver Services shall issue a new ignition interlock device limited driving permit to such person. (5) This subsection shall not apply to any person convicted of violating Code Section 42-8-118."
SECTION 5-74. Said title is further amended by revising Code Section 42-8-61, relating to the defendant being informed of the terms of the article at the time a sentence is imposed, as follows:
"42-8-61. When a defendant is represented by an attorney, his or her attorney shall be responsible for informing the defendant as to his or her eligibility for sentencing as a first offender. When a defendant is pro se, the court shall inquire as to the defendant's interest in entering a plea pursuant to the terms of this article. If the defendant expresses a desire to be sentenced as a first offender, the court shall ask the prosecuting attorney or probation official if the defendant is eligible for sentencing as a first offender. When imposing a sentence, the court shall ensure that, if a defendant is sentenced as a first offender, he or she is made aware of the consequences of entering a first offender plea pursuant to the terms of this article. The defendant shall be informed of the terms of this article at the time of imposition of sentence."
SECTION 5-75. Said title is further amended by revising Code Section 42-8-66, relating to applicability, as follows:
"42-8-66. The provisions of this article shall not apply to any person who is convicted of a serious violent felony as defined in subsection (a) of Code Section 17-10-6.1. (a) An individual who qualified for sentencing pursuant to this article but who was not informed of his or her eligibility for first offender treatment may, with the consent of the prosecuting attorney, petition the superior court in the county in which he or she was convicted for discharge and exoneration pursuant to this article. (b) The court shall hold a hearing on the petition if requested by the petitioner or prosecuting attorney or desired by the court. (c) In considering a petition pursuant to this Code section, the court may consider any:
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(1) Evidence introduced by the petitioner; (2) Evidence introduced by the prosecuting attorney; and (3) Other relevant evidence. (d) The court may issue an order retroactively granting first offender treatment and discharge the defendant pursuant to this article if the court finds by a preponderance of the evidence that the defendant was eligible for sentencing under the terms of this article at the time he or she was originally sentenced and the ends of justice and the welfare of society are served by granting such petition. (e) The court shall send a copy of any order issued pursuant to this Code section to the petitioner, the prosecuting attorney, and the Georgia Bureau of Investigation. The Georgia Bureau of Investigation shall modify its records accordingly. (f) This Code section shall not apply to a sentence that may be modified pursuant to subsection (f) of Code Section 17-10-1."
SECTION 5-76. Said title is further amended by revising subsection (a) of Code Section 42-8-114, relating to specifying provider for ignition interlock device, as follows:
"(a) No judicial officer, probation community supervision officer, law enforcement officer, or other officer or employee of a court; person who owns, operates, or is employed by a private company which has contracted to provide private probation services for misdemeanor cases; or professional bondsman or agent or employee thereof shall specify, directly or indirectly, a particular provider center which the person may or shall utilize when use of an ignition interlock device is required. This subsection shall not prohibit any judicial officer, probation community supervision officer, law enforcement officer, or other officer or employee of a court; owner, operator, or employee of a private company which has contracted to provide probation services for misdemeanor cases; or professional bondsman or agent or employee thereof from furnishing any person, upon request, the names of certified provider centers."
SECTION 5-77. Said title is further amended by revising Code Section 42-8-116, relating to warning labels on ignition interlock devices, as follows:
"42-8-116. The providers certified by the Department of Driver Services shall design and adopt pursuant to regulations of the such department a warning label which shall be affixed to each ignition interlock device upon installation. The label shall contain a warning that any person tampering, circumventing, or otherwise misusing the device is guilty of a misdemeanor and may be subject to civil liability."
SECTION 5-78. Said title is further amended by repealing in its entirety Article 5 of Chapter 8, relating to pretrial release and diversion programs, and designating said article as reserved.
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SECTION 5-79. Said title is further amended by repealing in its entirety Article 8 of Chapter 8, relating to diversion center and program.
SECTION 5-80. Said title is further amended by repealing in its entirety Article 9 of Chapter 8, relating to probation management.
SECTION 5-81. Said title is further amended by revising Code Section 42-9-3, relating to "board" defined, as follows:
"42-9-3. As used in this chapter, the term 'board':
(1) 'Board' means the State Board of Pardons and Paroles. (2) 'Community supervision officer' means a person who supervises probationers or parolees for the department. (3) 'Department' means the Department of Community Supervision. (4) 'Split sentence' means any felony sentence that includes a term of imprisonment followed by a term of probation."
SECTION 5-82. Said title is further amended by revising Code Section 42-9-9, relating to the State Board of Pardons and Paroles employees and retention of badges and weapons, as follows:
"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. (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."
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SECTION 5-83. Said title is further amended by revising Code Section 42-9-20, relating to general duties of the State Board of Pardons and Paroles, as follows:
"42-9-20. (a) In all cases in which the chairman chairperson of the board or any other member designated by the board has suspended the execution of a death sentence to enable the full board to consider and pass on same, it shall be mandatory that the board act within a period not exceeding 90 days from the date of the suspension order. In the cases which the board has power to consider, the board shall be charged with the duty of determining which inmates serving sentences imposed by a court of this state may be released on pardon or parole and fixing the time and conditions thereof. The board shall also be charged with the duty of supervising all persons placed on parole, of determining violations thereof of parole and of taking action with reference thereto, of and making such investigations as may be necessary, and of aiding parolees or probationers in securing employment. It shall be the duty of the board personally to study the cases of those inmates whom the board has power to consider so as to determine their ultimate fitness for such relief as the board has power to grant. The board by an affirmative vote of a majority of its members shall have the power to commute a sentence of death to one of life imprisonment. (b) The board shall provide The Council of Superior Court Clerks of Georgia the data set forth in Code Section 15-12-40.1, without charge and in the electronic format requested."
SECTION 5-84. Said title is further amended by revising Code Section 42-9-21, relating to supervision of persons placed on parole or other conditional release, contracts for services and programs, and collection of sums for restitution, as follows:
"42-9-21. (a) The board department shall have the function and responsibility of supervising all persons placed on parole or other conditional release by the board. (b) The board is department shall be authorized to maintain and operate or to enter into memoranda memorandums of agreement or other written documents evidencing contracts with other state agencies, persons, or any other entities for transitional or intermediate or other services or for programs deemed by the board to be necessary for parolees or others conditionally released from imprisonment by order of the board and to require as a condition of relief that the offender pay directly to the provider a reasonable fee for said such services or programs. (c) In all cases where restitution is applicable, the board department shall collect during the parole period those sums determined to be owed to the victim."
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SECTION 5-85. Said title is further amended by revising subsection (b) of Code Section 42-9-41, relating to duty of board to obtain and place in records information respecting persons subject to relief or placed on probation, investigations, and rules, as follows:
"(b) The board in its discretion may also obtain and place in its permanent records similar information on each person who may be placed on probation. The board shall immediately examine such records and any other records obtained and make such other investigation as it may deem necessary. It shall be the duty of the court and of all probation community supervision officers and other appropriate officers to furnish to the board, upon its request, such information as may be in their possession or under their control. The Department of Behavioral Health and Developmental Disabilities and all other state, county, and city agencies, all sheriffs and their deputies, and all peace officers shall cooperate with the board and shall aid and assist it in the performance of its duties. The board may make such rules as to the privacy or privilege of such information and as to its use by persons other than the board and its staff as may be deemed expedient in the performance of its duties."
SECTION 5-86. Said title is further amended by revising subsection (d) of Code Section 42-9-42, relating to procedure for granting relief from sentence, conditions and prerequisites, and violation of parole, as follows:
"(d)(1) Any person who is paroled shall be released on such terms and conditions as the board shall prescribe. The board shall diligently see that no peonage is allowed in the guise of parole relationship or supervision. The parolee shall remain in the legal custody of the board until the expiration of the maximum term specified in his or her sentence or until he or she is pardoned by the board. (2) The board may require the payment of a parole supervision fee of at least $10.00 per month as a condition of parole or other conditional release. The monthly amount shall be set by rule of the board and shall be uniform state wide. The board may require or the parolee or person under conditional release may request that up to 24 months of the supervision fee be paid in advance of the time to be spent on parole or conditional release. In such cases, any advance payments are nonreimbursable in the event of parole or conditional release revocation or if parole or conditional release is otherwise terminated prior to the expiration of the sentence being served on parole or conditional release. Such fees shall be collected by the board department to be paid into the general fund of the state treasury."
SECTION 5-87. Said title is further amended by revising Code Section 42-9-44, relating to specification of terms and conditions of parole; adoption of general and special rules, violation of parole, and certain parolees to obtain high school diploma or general educational development (GED) diploma, as follows:
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"42-9-44. (a) The board, upon placing a person on parole, shall specify in writing the terms and conditions thereof. A certified copy of the conditions shall be given to the parolee. Thereafter, a copy shall be sent to the clerk of the court in which the person was convicted. The board shall adopt general rules concerning the terms and conditions of parole and concerning what shall constitute a violation thereof and shall make special rules to govern particular cases. The rules, both general and special, may include, among other things, a requirement that the parolee shall not leave this state or any definite area in this state without the consent of the board; that the parolee shall contribute to the support of his or her dependents to the best of the parolee's ability; that the parolee shall make reparation or restitution for his or her crime; that the parolee shall abandon evil associates and ways; and that the parolee shall carry out the instructions of his or her parole supervisor community supervision officer, and, in general, so comport himself or herself as the parolee's supervisor officer shall determine. A violation of the terms of parole may render the parolee liable to arrest and a return to a penal institution to serve out the term for which the parolee was sentenced. (b) Each parolee who does not have a high school diploma or a general educational development equivalency diploma (GED) diploma shall be required as a condition of parole to obtain a high school diploma or general educational development equivalency diploma (GED) diploma or to pursue a trade at a vocational or technical school. Any such parolee who demonstrates to the satisfaction of the board an existing ability or skill which does in fact actually furnish the parolee a reliable, regular, and sufficient income shall not be subject to this provision. Any parolee who is determined by the Department of Corrections department or the board to be incapable of completing such requirements shall only be required to attempt to improve their his or her basic educational skills. Failure of any parolee subject to this requirement to attend the necessary schools or courses or to make reasonable progress toward fulfillment of such requirement shall be grounds for revocation of parole. The board shall establish regulations regarding reasonable progress as required by this subsection. This subsection shall apply to paroles granted on or after July 1, 1995."
SECTION 5-88. Said title is further amended by revising subsections (c) and (d) of Code Section 42-9-48, relating to arrest of parolee or conditional release violator, as follows:
"(c) All officers authorized to serve criminal process, all peace officers of this state, and all employees of the board department whom the board commissioner of community supervision specifically designates in writing shall be authorized to execute the warrant. (d) Any parole supervisor community supervision officer, when he or she has reasonable ground to believe that a parolee or conditional releasee has violated the terms or conditions of his or her parole or conditional release in a material respect, shall notify the board or some member thereof; and proceedings shall thereupon be had as provided in this Code section."
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SECTION 5-89. Said title is further amended by revising subsection (b) of Code Section 42-9-53, relating to preservation of documents, classification of information and documents, divulgence of confidential state secrets, and conduct of hearings, as follows:
"(b)(1) 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. (2) The department may make supervision records of the board department 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 commissioner of community supervision."
SECTION 5-90. Said title is further amended by revising Code Section 42-9-57, relating to effect of chapter on probation power of courts and cooperation by board with local agencies, as follows:
"42-9-57. Nothing contained in this chapter shall be construed as repealing any power given to any court of this state to place offenders on probation or to supervise the same nor any power of any probation agency set up in any county of the state in conjunction with the courts provide for terms of offender supervison. The board shall be authorized to cooperate with any such agencies the department, except that it shall not assume or pay any financial obligations thereof. The board shall also be authorized to cooperate with the courts for the probation of offenders in those counties in which there is no existing probation agency, when a court so requests."
SECTION 5-91. Said title is further amended by revising subsection (b) of Code Section 42-9-90, relating to application fee required for transfer consideration, as follows:
"(b) The Department of Corrections department and the State Board of Pardons and Paroles are shall be authorized to require any nonindigent adult offender to pay a $25.00 application fee when applying to transfer his or her supervision from Georgia to any other state or territory pursuant to the provisions of Articles 3 and 4 of this chapter."
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SECTION 5-92. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising subsection (c) of Code Section 43-12A-5, relating to provider not to operate under any name deceptively similar to another, franchising or licensing to another licensed provider, and restrictions on certain individuals having stake in provider center, as follows:
"(c) A judicial officer, probation community supervision officer, law enforcement officer, or other officer or employee of a court or any person employed by a private company which has contracted to provide private probation services for misdemeanor cases, or any employee of the Department of Driver Services or the Department of Behavioral Health and Developmental Disabilities, and any immediate family member thereof shall be prohibited from owning, operating, being employed by, or acting as an agent or servant for, or having a financial interest in any provider center."
SECTION 5-93. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by revising subsection (e) of Code Section 45-7-9, relating to compensation for line-of-duty injuries of full-time state employees and exceptions, as follows:
"(e) Any employee of the Department of Corrections, employee of the Department of Community Supervision, employee of the State Board of Pardons and Paroles, employee of the Department of Natural Resources, employee of the Department of Revenue, or law enforcement officer who qualifies for disability allowances pursuant to Code Section 47-2-221 shall not be entitled to any benefits provided in this Code section."
SECTION 5-94. Said title is further amended by revising subsection (a) of Code Section 45-7-21, relating to expense allowance and travel cost reimbursement for members of certain boards and commissions, as follows:
"(a) Each member of the boards and commissions enumerated in this Code section shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of a board or commission is in attendance at a meeting of such board or commission, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance. The expense allowance and reimbursement provided for in this Code section shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. The existing law relative to any limitation on the number of meeting days and remuneration for service on committees or subcommittees of any such board or commission shall remain in effect. The boards and commissions to which this Code section shall be applicable are as follows:
(1) State Board of Education;
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(2) Board of Regents of the University System of Georgia; (2.1) Board of Community Supervision; (3) Board of Corrections; (4) Board of Economic Development; (5) Board of Natural Resources; (6) State Transportation Board; (7) Dental Education Board; (8) Georgia Student Finance Commission; (9) Veterans Service Board; (10) Georgia Agricultural Exposition Authority; (11) Georgia Board for Physician Workforce; (12) Georgia Music Hall of Fame Authority; (13) Georgia Sports Hall of Fame Authority; (14) Georgia Rail Passenger Authority; (15) Georgia Tobacco Community Development Board; (16) State Board of the Technical College System of Georgia; (17) Civil War Commission; and (18) The delegation from the State of Georgia to the Southern Dairy Compact Commission."
SECTION 5-95. Said title is further amended by revising paragraph (10) of Code Section 45-9-81, relating to definitions relative to the Georgia State Indemnification Fund, as follows:
"(10) 'Prison guard' means any person employed by the state or any political subdivision thereof whose principal duties relate to the supervision and incarceration of persons accused or convicted of the violation of the criminal laws of this state or any political subdivision thereof. Such term shall also mean any probation supervisor or parole community supervison officer who is required to be certified under Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and whose principal duties directly relate to the supervision of adult probationers or adult parolees. Such term also means any person employed by the state or any political subdivision thereof whose principal duties include the supervision of youth who are charged with or adjudicated for an act which if committed by adults would be considered a crime."
SECTION 5-96. Said title is further amended by revising Code Section 45-9-83, relating to the creation of the Georgia State Indemnification Commission, composition, assignment to Department of Administrative Services for administrative purposes, and meetings, as follows:
"45-9-83. There is created the Georgia State Indemnification Commission which shall be composed of the Governor, the executive director of the Peace Officer Standards and Training Council, the executive director of the Georgia Firefighter Standards and
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Training Council, the commissioner of public safety, the commissioner of transportation, the commissioner of corrections, the commissioner of community supervision, the commissioner of public health, one law enforcement officer who shall be a member of the Peace Officers' Association of Georgia appointed by the Governor from a list of five candidates provided by such organization, and one firefighter who shall be a member of the Georgia State Firemen's Association appointed by the Governor from a list of five candidates provided by such organization. The Governor shall be the chairperson of the commission, and the commission shall be assigned to the department for administrative purposes. The commission shall meet at least semiannually upon the call of the Governor."
SECTION 5-97. Said title is further amended by revising paragraph (7) of Code Section 45-9-101, relating to definitions relative to the temporary disability compensation program, 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 community supervision who have the duty to supervise children adjudicated for a Class A designated felony act or Class B designated felony act after release from restrictive custody, as such terms are defined in Code Section 15-11-2, and the commissioner of juvenile justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8 who have the duty to investigate and apprehend delinquent children, or the supervision of delinquent children under intensive supervision in the community, and any child with a pending juvenile court case alleging the child to be a child in need of services who has escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who 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 38-23, who have been called into active state service by the Governor."
SECTION 5-98. Said title is further amended by revising Code Section 45-18-7, relating to retiring employees, spouses, and dependents and eligibility of employees of state-wide probation system to continue coverage upon retirement from local retirement system, as follows:
"45-18-7. (a) The contract or contracts shall provide for health insurance for retiring state employees and their spouses and dependent children, as defined by the regulations of the board, on such terms as the board may deem appropriate; and the board may authorize the inclusion in the plan of the employees and retiring employees of state authorities covered by the Employees' Retirement System of Georgia and their spouses
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and dependent children, as defined by the regulations of the board. Any state authority participating in the plan shall be required to pay the same rate of contribution paid by the state. The board shall adopt regulations prescribing the conditions under which an employee or retiring employee may elect to participate in or withdraw from the plan. (b) Employees of the state-wide probation system administered by the Department of Corrections who were employees of a county probation system of a county having a population of 800,000 or more according to the United States decennial census of 2000 or any future such census and who were members of a local retirement system and had ten or more years of creditable service under the local retirement system at the time the county probation system became a part of the state-wide probation system shall be eligible to continue coverage under the health insurance plan for the state employees upon retirement from a local retirement system by paying a premium set by the board. Such retired persons shall be eligible to enroll their spouses and eligible dependents in accordance with the regulations of the board. Such retirees shall be treated in the same manner as other retirees eligible to continue coverage under the Employees' Retirement System of Georgia. The board may promulgate and adopt rules and regulations governing continuance and discontinuance of coverage for such retired persons and their spouses and eligible dependents."
SECTION 5-99. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising paragraph (1) of Code Section 48-7-161, relating to definitions, as follows:
"(1) 'Claimant agency' means and includes, in the order of priority set forth below: (A) The Department of Human Services and the Department of Behavioral Health and Developmental Disabilities with respect to collection of debts under Article 1 of Chapter 11 of Title 19, Code Section 49-4-15, and Chapter 9 of Title 37; (B) The Georgia Student Finance Authority with respect to the collection of debts arising under Part 3 of Article 7 of Chapter 3 of Title 20; (C) The Georgia Higher Education Assistance Corporation with respect to the collection of debts arising under Part 2 of Article 7 of Chapter 3 of Title 20; (D) The Georgia Board for Physician Workforce with respect to the collection of debts arising under Part 6 of Article 7 of Chapter 3 of Title 20; (E) The Department of Labor with respect to the collection of debts arising under Code Sections 34-8-254 and 34-8-255 and Article 5 of Chapter 8 of Title 34, with the exception of Code Sections 34-8-158 through 34-8-161; provided, however, that the Department of Labor establishes that the debtor has been afforded required due process rights by such Department of Labor with respect to the debt and all reasonable collection efforts have been exhausted; (F) The Department of Corrections Community Supervision with respect to probation fees arising under Code Section 42-8-34 and restitution or reparation ordered by a court as a part of the sentence imposed on a person convicted of a
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crime who is in the legal custody of the department; Department of Corrections or the Department of Community Supervision; and (G) The State Board of Pardons and Paroles with respect to restitution imposed on a person convicted of a crime and subject to the jurisdiction of the board; and (H) The Department of Juvenile Justice with respect to restitution imposed on a juvenile for a delinquent act which would constitute a crime if committed by an adult."
SECTION 5-100. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising Code Section 49-3-6, relating to the functions of county family and children services department, as follows:
"49-3-6. Subject to the rules and regulations of the Board of Human Services, the county department shall be charged with the administration of all forms of public assistance in the county, including home relief; indoor and outdoor care for those in need; temporary assistance for needy families; old-age assistance; aid to the blind and otherwise disabled; the care and treatment of dependent, neglected, delinquent, and disabled children; and such other welfare activities as shall be delegated to it by the Department of Human Services or by the county commissioners. The county department shall also investigate and pass upon all applications for admission to and discharge from county institutions which provide care and treatment for indigents. If so appointed by a court of competent jurisdiction, the Department of Human Services or the county or district department of family and children services shall perform under the supervision of such court the function of juvenile probation officer or agent of the court in any welfare or penal matters which may be before it."
SECTION 5-101. Said title is further amended by revising subsection (c) of Code Section 49-4A-8, relating to commitment of delinquent children, procedure, cost, return of mentally ill or developmentally disabled children, escapees, discharge, evidence of commitment, records, and restitution, as follows:
"(c) When a court commits a delinquent child to the department, the court shall at once electronically submit a certified copy of the order of commitment to the department, and the court, the juvenile probation officer, the community supervision 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 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."
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SECTION 5-102. Said title is further amended by revising subsection (c) of Code Section 49-4A-11, relating to aiding or encouraging child to escape and hindering apprehension of child, as follows:
"(c) Any person who shall knowingly hinder the apprehension of any child under the supervision of the Department of Community Supervision or 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."
PART VI EFFECTIVE DATE, APPLICABILITY, AND REPEALER
SECTION 6-1.
This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date.
SECTION 6-2. 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 Judiciary, Non-civil substitute to HB 310 (LC 29 6496ECS) by replacing lines 893 through 897 with the following:
(c) If pay-only probation is subsequently converted to a sentence that requires community service, on petition by a probation officer or private probation officer and with the probationer having an opportunity for a hearing, the court may reinstate probation supervision fees as necessary to monitor the probationer's compliance with community service obligations.
By replacing "probation office" with "court" on line 947.
By replacing line 951 with the following: rate set forth in the contract between the court and the provider of services; and
The Committee substitute, as amended, was adopted.
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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 N Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye
Gardner Y Gasaway
Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows E Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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 164, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 319. By Representatives Nimmer of the 178th, Dickey of the 140th and Coomer of the 14th:
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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 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 Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England
Epps Y Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows E Mitchell Y Morris Y Mosby Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M.
Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
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On the passage of the Bill, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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 515. By Representatives Mitchell of the 88th, Holcomb of the 81st and Henson of the 86th:
A BILL to be entitled an Act to incorporate the City of Tucker in DeKalb County; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
N Abrams Y Alexander N Allison Y Anderson N Atwood Y Ballinger N Barr Y Battles E Beasley-Teague N Bell Y Belton Y Bennett E Bentley N Benton Y Beskin Y Beverly N Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler
Cheokas N Clark, D
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar
Douglas Y Drenner Y Dudgeon Y Dukes N Dunahoo Y Duncan Y Ealum N Efstration N Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway N Geisinger E Glanton E Golick
Y Harbin Y Harden N Harrell Y Hatchett N Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston
Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L
Jones, S E Jordan Y Kaiser N Kelley Y Kendrick Y Kidd N Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin
Y Meadows E Mitchell N Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal N Pak Y Parrish Y Parsons N Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett
Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves N Rhodes
Rice Y Roberts Y Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre E Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D N Taylor, T E Teasley Y Thomas, A.M. Y Thomas, E N Trammell Y Turner Y Waites Y Watson N Welch Y Weldon Y Werkheiser Y Wilkerson E Wilkinson Y Willard
Williams, A N Williams, C
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N Clark, H Y Clark, V Y Coleman N Cooke
Y Gordon Gravley
N Greene Y Hamilton
N Maxwell Y Mayo Y McCall Y McClain
Y Setzler N Sharper Y Shaw
Sims
Y Williams, E Williamson
Y Yates Ralston, Speaker
On the passage of the Bill, the ayes were 128, nays 31.
The Bill, having received the requisite constitutional majority, was passed.
HB 374. By Representatives Nix of the 69th, Shaw of the 176th, Carter of the 175th, England of the 116th, Williams of the 119th and others:
A BILL to be entitled an Act to amend Part 5 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to an exemption from ad valorem taxation for certain farm equipment held for sale in dealer inventory, so as to provide for additional qualifications; to 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 Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L
Jones, S E Jordan Y Kaiser
Kelley Y Kendrick Y Kidd Y Kirby Y Knight
Y Meadows E Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre E Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T E Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser
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Y Carter Y Casas Y Chandler
Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y LaRiccia Lumsden
Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 464. By Representative Williamson of the 115th:
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, and exemptions from state income taxes, so as to sunset tax credits relating to water conservation facilities and a shift from ground-water usage; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of, and exemptions from state income taxes, so as to sunset tax credits relating to water conservation facilities and a shift from ground-water usage; to provide certain limitations with respect to the income tax credit for qualified donations of real property; 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 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of, and exemptions from state income taxes, is amended by adding a new subsection to Code Section 48-7-40.10, relating to a tax credit for water conservation facilities, as follows:
"(d) This Code section shall stand repealed on December 31, 2016."
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SECTION 2. Said article is further amended by adding a new subsection to Code Section 48-7-40.11, relating to a tax credit for a shift from ground-water usage, as follows:
"(d) This Code section shall stand repealed on December 31, 2016."
SECTION 3.
Said article is further amended by adding a new paragraph to subsection (d) of Code Section 48-7-29.12, relating to qualified donations of real property, to read as follows:
"(3) Beginning on January 1, 2016, the aggregate amount of tax credits allowed under this Code section shall not exceed $30 million per calendar year. The Department of Natural Resources shall accept no new applications for the tax credits allowed under this Code section after December 31, 2016."
SECTION 4. This Act shall become effective on July 1, 2015.
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 Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley
Y Meadows E Mitchell Y Morris Y Mosby Y Nimmer
Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites
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Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Watson Y Welch Y Weldon Y Werkheiser 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.
The Speaker announced the House in recess until 5:00 o'clock, this afternoon.
The Speaker called the House to order.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 643. By Representatives Stovall of the 74th, Strickland of the 111th, Scott of the 76th, Jones of the 53rd, Mabra of the 63rd and others:
A RESOLUTION commending Chris "Ludacris" Bridges, founder of The Ludacris Foundation, 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 644. By Representatives Burns of the 159th and Hitchens of the 161st:
A RESOLUTION commending Mr. Wilson C. "Peck" Lawson, Sr.; and for other purposes.
HR 645. By Representatives Shaw of the 176th, Carter of the 175th and Houston of the 170th:
A RESOLUTION honoring and celebrating the 91st birthday of Mrs. Nell Patten Roquemore; and for other purposes.
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HR 646. By Representatives Thomas of the 56th, Thomas of the 39th, Dudgeon of the 25th, Setzler of the 35th and Brooks of the 55th:
A RESOLUTION commending Dr. Thomas Mensah; and for other purposes.
HR 647. By Representatives Frazier of the 126th, Abrams of the 89th, Smith of the 125th, Jackson of the 128th, Bruce of the 61st and others:
A RESOLUTION honoring the life and memory of Mrs. Floree Garnett Johnson; and for other purposes
HR 648. By Representatives O`Neal of the 146th, Abrams of the 89th, Ramsey of the 72nd, Teasley of the 37th and Jones of the 47th:
A RESOLUTION honoring the Georgia Chamber of Commerce in its 100th year; and for other purposes.
HR 649. By Representatives Beskin of the 54th, Wilkinson of the 52nd, Reeves of the 34th, Taylor of the 79th, Kaiser of the 59th and others:
A RESOLUTION commending the third grade classes of Warren T. Jackson Elementary School; and for other purposes.
Representative Tarvin of the 2nd 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 424. By Representative Tarvin of the 2nd:
A BILL to be entitled an Act to authorize the governing authority of the City of LaFayette 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 motion prevailed.
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 98. By Representatives Coomer of the 14th, Caldwell of the 131st, Atwood of the 179th, Meadows of the 5th, Holcomb of the 81st and others:
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A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to provide for direct appeals and appeals requiring an application for appeals to the appellate courts on matters pertaining to courts-martial; to amend Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, so as to repeal and reenact Article 5, the "Georgia Code of Military Justice"; 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 Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, so as to repeal and reenact Article 5, the "Georgia Code of Military Justice"; to provide for a short title; to provide for definitions; to reorganize the Code to match the numbering of the applicable provisions of the federal Code; to provide new rules for the appointment of a State Judge Advocate; to establish jurisdiction over any member on Title 32 of the United States Code orders and provide for prosecutions by civilian or military authorities based on the nature of the offense charged; to create the Office of the State Judge Advocate, provide for qualifications, and appointment of other judge advocates; to establish authority for arresting people who are subject to the article, provide for limitations, and allow for delivering people to civilian authorities for arrest; to create nonjudicial punishment; to establish general, special, and summary courts martial and the punishment each may impose; to create the procedural rules for courts martial, including convening the court, appointing trial and defense counsel, investigating the charges, pretrial confinement, findings of guilt or innocence, and every other aspect of the trial; to establish post-trial procedure, including clemency review, motions for new trial, and appellate review; to provide for punishments; to establish courts of inquiry for general investigations of noncriminal incidents; to designate who may administer oaths; to allow for appointment of marshals; to provide for training; to create a process for subordinates to make complaints against superiors; to provide for the authority of the Adjutant General to issue other written discipline to subordinates; to create boards of inquiry to review civilian complaints of unlawful takings by the state militia; to provide for the Governor to delegate certain authority; to provide for the use of funds; to establish the process for collection of fines; to provide for the purpose of the article; to provide for immunity for official acts of military members and civilian employees of guard; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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SECTION 1. Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, is amended by repealing in its entirety Article 5, the "Georgia Code of Military Justice," and enacting a new article to read as follows:
"ARTICLE 5 Part 1
38-2-1000. This article shall be known and may be cited as the 'Georgia Code of Military Justice.'
38-2-1001. As used in this article, the term:
(1) 'Accuser' means a person who signs and swears to charges, directs that charges nominally be signed and sworn to by another, or has an interest other than an official interest in the prosecution of the accused. (2) 'Another state' means any one of the several states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the United States Virgin Islands. (3) 'Apprehension' means the taking of a person into custody. (4) 'Arrest' means the restraint of a person by oral or written order that is not imposed as punishment and that directs such person to remain within specified limits. (5) 'Arrest in quarters' means a punishment requiring a person to remain within his or her military residence, whether a tent, stateroom, or other quarters assigned, or a private residence when government quarters have not been provided during the period of punishment. (6) 'Cadet,' 'candidate,' or 'midshipman' means a person enrolled in or attending a military academy, regional training institute, or any other formal education program for the purpose of becoming a commissioned officer in the organized militia. (7) 'Classified information' means any information or material that has been determined by an official of the United States or of another state, pursuant to law, an executive order, or regulation, to require protection against unauthorized disclosure for reasons of national or state security. (8) 'Commander' means:
(A) A commissioned officer of the organized militia who is in command or who is in charge; (B) The Governor; or (C) The adjutant general. (9) 'Commanding officer' means a commander. (10) 'Confinement' means physical restraint imposed by order of competent authority depriving a person of freedom. (11) 'Convening authority' means the person convening the court, a successor in office, or an authorized designee of the person or successor.
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(12) 'Enlisted member' means a person in an enlisted grade. (13) 'Judge advocate' means an individual who is certified or designated as such by the Judge Advocate General of the United States Army or Air Force or certified by the state judge advocate as competent to perform such military justice duties required by this article. Such individual shall be a commissioned officer of the organized militia. (14) 'Military court' means a court-martial or court of inquiry. (15) 'Military judge' means an official of a general or special court-martial detailed by the convening authority. (16) 'Organized militia' means the National Guard of this state as provided for by Title 32 of the United States Code, the Georgia Naval Militia, and any other military force organized under the constitution and laws of this state when not in a status subjecting such force or forces to exclusive jurisdiction under Chapter 47 of Title 10 of the United States Code. (17) 'Record,' when used in connection with the proceedings of a court-martial, means:
(A) An official written transcript, written summary, or other writing relating to the proceedings; or (B) An official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced. (18) 'Senior force commander' means the assistant adjutant general for army, the assistant adjutant general for air, or the brigadier general in charge of the State Defense Force. (19) 'Superior commissioned officer' means a commissioned officer superior in rank or command.
38-2-1002. (a) This article shall apply to all members of the organized militia at all times and in all places when not serving as provided for by Title 10 of the United States Code.
(b)(1) Subject matter jurisdiction under this article shall be established if a nexus exists between an offense set forth in Part 10 of this article, except as provided in Code Section 38-2-1111 or 38-2-1112.1, and the organized militia. When a member is in a status as provided for by Title 32 of the United States Code or on state active duty, a rebuttable presumption exists that such nexus is established. As used in this paragraph, the term 'state active duty' means full-time duty in the organized militia under an order of the Governor or otherwise issued by authority of law and paid by funds of this state, including travel to and from such duty. (2) Courts-martial shall have primary jurisdiction of an offense set forth in Part 10 of this article, except as provided in Code Section 38-2-1111 or 38-2-1112.1. (3) A proper civilian court shall have primary jurisdiction of a nonmilitary offense when such act or omission violates both this article and local civilian criminal law, foreign or domestic. In such case, a court-martial may be initiated only after the
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civilian authority has declined to prosecute or dismissed such charge; provided, however, that jeopardy has not attached. (4) Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes shall be determined by the underlying offense.
38-2-1003. (a) Each person discharged from the organized militia who is later charged with having fraudulently obtained such discharge shall be, subject to Code Section 38-2-1043, subject to trial by court-martial on that charge and is, after apprehension, subject to this article while in custody under the direction of the organized militia for that trial. Upon conviction of such charge, such person shall be subject to trial by court-martial for all offenses under this article committed prior to the fraudulent discharge. (b) No person who has deserted from the organized militia shall be relieved from amenability to the jurisdiction of this article by virtue of a separation from any later period of service.
38-2-1004. When calculating forfeiture punishments under this article for nonactive duty members of the Georgia National Guard, each unit training assembly shall constitute a day. Otherwise, any punishment authorized by this article which is measured in terms of days shall mean successive days when served in a status of annual field training and shall mean succeeding duty days when served in a status other than annual field training.
38-2-1005. (a) This article shall be applicable at all times and in all places, provided that either the person subject to this article is in a duty status or, if not in a duty status, that there is a nexus between the act or omission constituting an offense under this article and the efficient functioning of the organized militia. Such grant of military jurisdiction shall neither preclude nor limit civilian jurisdiction over an offense except when the prohibition of double jeopardy is concerned. (b) Courts-martial and courts of inquiry may be convened and held in units of the organized militia while those units are serving outside of this state with the same jurisdiction and powers as to persons subject to this article as if such proceedings were held inside this state, and offenses committed outside this state may be tried and punished under this article either inside or outside this state.
38-2-1006. (a) The Governor, on the recommendation of the adjutant general, shall appoint an individual to serve as the state judge advocate. To be eligible for such appointment, such individual shall be a judge advocate, a member of the State Bar of Georgia in good standing for not less than ten years, and have not less than five years of continuous service in the army or air National Guard of this state. The state judge advocate shall
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serve as the primary legal advisor to the adjutant general and shall serve as the judge advocate on the joint staff. The state judge advocate shall supervise the Office of the State Judge Advocate and shall have authority for assignment, placement, and billeting of all judge advocates. (b) The assistant adjutant general for army, the assistant adjutant general for air, and the brigadier general in charge of the State Defense Force, on the recommendation of the state judge advocate, shall each appoint a staff judge advocate for the Army National Guard, a staff judge advocate for the Air National Guard, and a staff judge advocate for the State Defense Force, respectively. Such staff judge advocates shall serve as the respective primary legal advisors to the assistant adjutant general for army, the assistant adjutant general for air, and the brigadier general in charge of the State Defense Force. (c) The state judge advocate, or his or her assistants, shall make frequent inspections in the field in supervision of the administration of military justice in the organized militia. (d) Convening authorities shall at all times communicate directly with a judge advocate in the same military service in matters relating to the administration of military justice. (e) No person who has acted as member, military judge, trial counsel, defense counsel, or investigating officer, or who has been a witness, in any case may later act in any capacity in any reviewing authority upon the same case.
Part 2
38-2-1007. (a) Any person authorized by this article or Chapter 47 of Title 10 of the United States Code, or by regulations issued under either, to take persons into custody subject to this article, any marshal of a court-martial appointed pursuant to the provisions of this article, and any peace officer or civil officer having authority to take offenders into custody under the laws of the United States or of another state, may do so upon probable cause that an offense has been committed and that the person taken into custody committed it. (b) Commissioned officers, warrant officers, petty officers, and noncommissioned officers shall have authority to quell quarrels, frays, and disorders among persons subject to this article and to take persons into custody subject to this article who take part therein. (c) If an offender is taken into custody outside this state, the offender's return to this state shall be in accordance with normal extradition procedures or by reciprocal agreement. (d) No person authorized by this article to take persons into custody subject to this article, or the place where such offender is confined, restrained, held, or otherwise housed, shall require payment of any fee or charge for so receiving, apprehending, confining, restraining, holding, or otherwise housing a person except as otherwise provided by law.
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38-2-1008. Reserved.
38-2-1009. (a) An enlisted member may be ordered into arrest or confinement by any commander in the grade of O-4 or above by an order, oral or written, delivered in person or through any other person who is subject to this article. A commander in the grade of O-4 or above may authorize commissioned officers, warrant officers, petty officers, or noncommissioned officers to order enlisted members of the commanding officer's command, or subject to the commanding officer's authority, into arrest or confinement. (b) A commissioned officer, a warrant officer, or a civilian subject to this article or to trial thereunder may be ordered into arrest or confinement only by a commanding officer in the grade of O-6 or above to whose authority the person is subject by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons into arrest or confinement shall not be delegated. (c) No person may be ordered into arrest or confinement except for probable cause. (d) This article shall not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified. (e) The Governor, or the adjutant general under delegation by the Governor, may by written order, or regulations issued pursuant to Part 1 of Article 2 of this chapter, further limit who may order the arrest or confinement of members.
38-2-1010. Any person subject to this article who is charged with an offense under this article shall be ordered into arrest or confinement by the adjutant general, as circumstances may require. When any person subject to this article is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him or her of the specific wrong of which he or she is accused, and diligent steps shall be taken to try him or her or to dismiss the charges and release him or her.
38-2-1011. Confinement and imprisonment other than in a guard house, whether prior to, during, or after trial by a military court, shall be executed in jails or correctional institutions designated by the Governor, or by the adjutant general under delegation by the Governor, for that purpose.
38-2-1012. No member of the organized militia shall be placed in confinement in immediate association with enemy prisoners.
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38-2-1013. No person, while being held for trial or awaiting a verdict, shall be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him or her, nor shall the arrest or confinement imposed upon such person be any more rigorous than the circumstances require to insure his or her presence and the safety of others, but he or she may be subjected to minor punishment during such period for infractions of discipline. Any person placed in confinement while being held for trial or awaiting a verdict shall be given administrative credit for such time to offset any sentence subsequently imposed.
38-2-1014. (a) A person who is subject to this article and accused of an offense against civil authority shall be delivered, upon request, to the civil authority for trial or confinement. (b) When delivery under this article is made to any civil authority of a person undergoing sentence of a court-martial, and the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, the offender, after having answered to the civil authorities for the offense, shall, upon the request of competent military authority, be returned to the place of original custody for the completion of his or her sentence.
Part 3
38-2-1015. (a) Under such regulations as may be prescribed by the Governor pursuant to Part 1 of Article 2 of this chapter, or the adjutant general under delegation by the Governor, any commanding officer may impose disciplinary punishments for minor offenses without the intervention of a court-martial pursuant to this Code section. A commanding officer's authority under this Code section shall not be delegated. (b) As provided for by subsection (a) of this Code section, any commanding officer may impose upon enlisted members of such commanding officer's command one or more of the following punishments:
(1) An admonition; (2) A reprimand; (3) The withholding of privileges for not more than six months, whether or not such withholding is for consecutive months; (4) Restitution; (5) The forfeiture of pay of not more than seven-day's pay; (6) A reduction by one grade of a member in the grade of E-4 and below; (7) Extra duties, including, but not limited to, fatigue duties, for not more than 14 days, whether or not such days are consecutive; and (8) Restriction to certain specified limits, with or without suspension from duty, for not more than 14 days, whether or not such days are consecutive.
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(c) As provided for by subsection (a) of this Code section, any commanding officer in the grade of O-4 or above may impose upon enlisted members of such commanding officer's command one or more of the following punishments:
(1) Any punishment authorized in paragraphs (1) through (4) of subsection (b) of this Code section; (2) The forfeiture of not more than one-half of one month's pay per month for two months; (3) A reduction by one grade of a member in the grade of E-6 and below; (4) Extra duties, including, but not limited to, fatigue duties, for not more than 45 days, whether or not such days are consecutive; and (5) Restriction to certain specified limits, with or without suspension from duty, for not more than 60 days, whether or not such days are consecutive. (d) As provided for by subsection (a) of this Code section, any commanding officer in the grade of O-6 or above may impose upon enlisted members of such commanding officer's command one or more of the following punishments: (1) Any punishment authorized in paragraphs (1), (2), (4), and (5) of subsection (c) of this Code section; and (2) A reduction by one grade of a member in the grade of E-7 and below. (e) As provided for by subsection (a) of this Code section, the adjutant general or an officer of a general or flag rank in command may impose one or more of the following punishments: (1) Upon commissioned or warrant officers under the command of the adjutant general or officers of a general or flag rank command:
(A) Any punishment authorized in paragraphs (1), (2), and (5) of subsection (c) of this Code section; and (B) Arrest in quarters for not more than 30 days, whether or not such days are consecutive; and (2) Upon enlisted members under the command of the adjutant general or officers of a general or flag rank command: (A) Any punishment authorized in paragraph (1) of subsection (d) of this Code section; and (B) A reduction by one grade. (f) Whenever any of the punishments provided for by this Code section are combined to run consecutively, the total length of the combined punishment shall not exceed the authorized duration of the longest punishment in the combination, and there shall be an apportionment of punishments such that no single punishment in the combination exceeds its authorized length under this Code section. (g)(1) The officer who imposes punishment under this Code section, or such officer's successor in command, may, at any time, suspend, set aside, mitigate, or remit any part or amount of the punishment and restore all rights, privileges, and property affected. Such officer may also: (A) Mitigate reduction in grade to forfeiture of pay; (B) Mitigate arrest in quarters to restriction; or
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(C) Mitigate extra duties to restriction. (2) The mitigated punishment under this subsection shall not be for a greater period than the punishment mitigated. When mitigating reduction in grade to forfeiture of pay, the amount of the forfeiture shall not be greater than the amount that could have been imposed initially under this Code section by the officer who imposed the punishment mitigated. (h) A person punished under this Code section who considers the punishment unjust or disproportionate to the offense may through the proper channel appeal to the next superior authority within 30 days after the punishment is either announced or sent to the accused, as the commander may determine. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The superior authority shall exercise the same powers with respect to the punishment imposed as may be exercised under subsection (g) of this Code section by the officer who imposed the punishment. Before acting on an appeal from a punishment, the authority who is to act on the appeal may refer the case to a judge advocate for consideration and advice. (i) The imposition and enforcement of disciplinary punishment under this Code section for any act or omission shall not be a bar to trial by court-martial or a civilian court of competent jurisdiction for a serious crime or offense growing out of the same act or omission and not properly punishable under this Code section; but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial and, when so shown, it shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty. (j) Whenever a punishment of forfeiture of pay is imposed under this Code section, the forfeiture may apply to pay accruing before, on, or after the date that punishment is imposed. (k) Regulations issued pursuant to Part 1 of Article 2 of this chapter may prescribe the form of records to be kept of proceedings under this Code section and may prescribe that certain categories of those proceedings shall be in writing. (l) No member has the right to decline nonjudicial punishment under this Code section and to demand any type of court-martial.
Part 4
38-2-1016. There shall be three kinds of courts-martial in the organized militia:
(1) General courts-martial, which shall consist of: (A) A military judge and not less than six members; or (B) Only a military judge, if, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed of only a military judge and the military judge approves;
(2) Special courts-martial, which shall consist of:
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(A) A military judge and not less than six members; or (B) Only a military judge, if one has been detailed to the court, and the accused under the same conditions as those provided for in subparagraph (B) of paragraph (1) of this Code section so requests; and (3) Summary courts-martial, consisting of one commissioned officer.
38-2-1017. Each force of the organized militia has court-martial jurisdiction over all members of the particular force of the organized militia who are subject to this article. The Georgia Army National Guard and the Georgia Air National Guard shall have court-martial jurisdiction over all members subject to this article.
38-2-1018. Subject to Code Section 38-2-1017, general courts-martial shall have jurisdiction to try persons subject to this article for any offense made punishable by this article, and shall, under such limitations as the Governor may prescribe pursuant to Part 1 of Article 2 of this chapter, adjudge any one or more of the following punishments not otherwise forbidden by this article:
(1) Confinement for a period of not more than ten years; (2) Restriction to specified limits for not more than six months; (3) Dismissal, dishonorable discharge, or bad conduct discharge; (4) Forfeiture of all or a portion of pay and allowances; (5) Restitution; (6) Reduction to the lowest or any intermediate pay grade of enlisted persons; (7) A reprimand; and (8) No punishment.
38-2-1019. Subject to Code Section 38-2-1017, special courts-martial shall have jurisdiction to try persons subject to this article for any offense made punishable by this article, and shall, under such limitations as the Governor, or the adjutant general by delegation of the Governor, may prescribe by regulations issued pursuant to Part 1 of Article 2 of this chapter, adjudge any one or more of the following punishments not otherwise forbidden by this article:
(1) Confinement for a period of not more than one year; (2) Restriction to specified limits for not more than six months; (3) Bad conduct discharge; (4) Forfeiture of all or a portion of pay and allowances for not more than one year; (5) Restitution; (6) Reduction to the lowest or any intermediate pay grade of enlisted persons; (7) A reprimand; and (8) No punishment.
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38-2-1020. (a) Subject to Code Section 38-2-1017, summary courts-martial shall have jurisdiction to try persons subject to this article, except for commissioned or warrant officers, cadets, candidates, and midshipmen, for any offense made punishable by this article under such limitations as the Governor, or the adjutant general by delegation of the Governor, may prescribe by regulations issued pursuant to Part 1 of Article 2 of this chapter. (b) No person with respect to whom summary courts-martial shall have jurisdiction may be brought to trial before a summary court-martial if he or she objects thereto. If objection to trial by summary court-martial is made by an accused, trial by special or general court-martial shall be ordered, as may be appropriate. Summary courts-martial shall, under such limitations as the Governor, or the adjutant general by delegation of the Governor, may prescribe by regulations issued pursuant to Part 1 of Article 2 of this chapter, adjudge any one or more of the following punishments not otherwise forbidden by this article:
(1) Confinement for a period of not more than one month; (2) Restriction to specified limits for not more than two months; (3) Forfeiture of all or a portion of pay and allowances for not more than 60 days; (4) Restitution; (5) Reduction of no more than two grades of enlisted persons; (6) A reprimand; and (7) No punishment.
38-2-1021. Reserved.
Part 5
38-2-1022. (a) General courts-martial may be convened by the Governor. The Governor may delegate the authority to convene general courts-martial to the adjutant general, but such authority shall not be delegated further. (b) If the Governor is the accuser, the general court-martial shall be convened by the Lieutenant Governor. (c) For administrative purposes other than the actual convening of a general courtmartial, the adjutant general shall be considered the general court-martial convening authority.
38-2-1023. (a) Special courts-martial may be convened by the Governor, the adjutant general, the assistant adjutant general for army, or the assistant adjutant general for air.
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(b) If any individual in subsection (a) of this Code section is an accuser, the special court-martial shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.
38-2-1024. (a) Summary courts-martial may be convened by:
(1) Any person authorized to convene a special court-martial under subsection (a) of Code Section 38-2-1023; or (2) Any commander in the grade of O-6 or above. (b) If any individual listed in subsection (a) of this Code section is an accuser, the summary court-martial shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority. (c) The Governor, or the adjutant general by delegation of the Governor, may, by written order, further limit who may convene actions under this Code section.
38-2-1025. (a) For purposes of this Code section, the term 'unit' means any regularly organized body of the organized militia not larger than a company, a squadron, a division of the naval militia, or a body corresponding to one of them. (b) Any commissioned officer of the organized militia shall be eligible to serve on all courts-martial for the trial of any person who is subject to this article. (c) Any warrant officer of the organized militia shall be eligible to serve on general and special courts-martial for the trial of any person who is subject to this article, other than a commissioned officer. (d) Any enlisted member of the organized militia who is not a member of the same unit as the accused shall be eligible to serve on general and special courts-martial for the trial of any enlisted member who is subject to this article, but such enlisted member shall serve as a member of a court only if, before the conclusion of a session called by the military judge under Code Section 38-2-1039 prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested orally on the record or in writing that enlisted members serve on it. After such a request, the accused shall not be tried by a general or special courtmartial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible enlisted members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court shall be assembled and the trial held without such enlisted members, but the convening authority shall make a detailed written statement, to be appended to the record, stating why such number of enlisted members could not be obtained. (e) No person who is subject to this article shall be tried by a court-martial any member of which is junior to the accused in rank or grade.
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(f) When convening a court-martial, the convening authority shall detail as members thereof such members of the organized militia as, in the convening authority's opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of the organized militia shall be eligible to serve as a member of a general or special court-martial when that member is the accuser, a witness, or has acted as investigating officer or as counsel in the same case. (g) Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. The convening authority may delegate the authority under this subsection to a judge advocate or to any other principal assistant.
38-2-1026. (a) A military judge shall be detailed to each general and special court-martial by the authority convening a general or special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed. (b) A military judge shall be:
(1) An active or retired commissioned officer of the organized militia or state military force of another state or of the armed forces of the United States or a reserve component thereof; (2) A member in good standing of the bar of the highest court of another state or a member of the bar of a federal court for at least five years; and (3) Certified as qualified for duty as a military judge by the judge advocate general of the army, air force, or navy and the state judge advocate (c) In the instance when a military judge is not a member of the bar of the highest court of this state, the military judge shall be deemed admitted pro hac vice, subject to filing a certificate with the state judge advocate setting forth such qualifications as provided for in subsection (b) of this Code section. (d) The military judge of a general or special court-martial shall be designated by the state judge advocate, or a designee, for detail by the convening authority. Neither the convening authority nor any primary staff member of the convening authority shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to performance of duty as a military judge. (e) Whenever possible, the military judge of a general or special court-martial shall be of the same branch of service as the accused. (f) No person shall be eligible to act as military judge in a case if that person is the accuser or a witness or has acted as investigating officer or a counsel in the same case. (g) The military judge of a court-martial shall not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel and shall not vote with the members of the court. (h) If no person who meets the qualifications to serve as military judge under this Code section is readily available in the sole discretion of the state judge advocate, a law
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officer shall be appointed. A law officer may serve in place of a military judge provided he or she meets the qualifications as provided for in paragraphs (1) and (2) of subsection (b) of this Code section and is approved for such service, in writing, by the state judge advocate.
38-2-1027. (a)(1) For each general and special court-martial the convening authority shall detail a trial counsel and such assistants as appropriate. (2) For each general and special court-martial, if the United States Army Trial Defense Services or a similar entity exists, such entity shall detail defense counsel and such assistants as are appropriate. If no appropriate such entity exists, the convening authority shall detail defense counsel and such assistants as are appropriate. (3) No person who has acted as investigating officer, military judge, a witness, or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense nor may any person who has acted for the defense act later in the same case for the prosecution.
(b) Except as provided in subsection (c) of this Code section, trial counsel or defense counsel detailed for a general or special court-martial shall be a judge advocate. (c) In the instance where a defense counsel is not a member of the bar of the highest court of this state, the defense counsel shall be deemed admitted pro hac vice, subject to filing a certificate with the military judge setting forth the qualifications that counsel is:
(1) A commissioned officer of the organized militia or state military force of another state or of the armed forces of the United States or a reserve component thereof; (2) A member in good standing of the bar of the highest court of another state; and (3) Certified as a judge advocate in the judge advocate general's corps of the army, air force, navy, or the marine corps. (d) Nothing in this Code section shall preclude the accused from hiring a civilian attorney who is a member of the bar of this state or who has been admitted pro hac vice. Such attorney shall serve the accused at no cost to another state or the federal government.
38-2-1028. Under such regulations as may be prescribed by the Governor pursuant to Part 1 of Article 2 of this chapter, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters who shall record the proceedings of and testimony taken before that court. Under like regulations, the convening authority may detail or employ interpreters who shall interpret for the court.
38-2-1029. (a) No member of a general or special court-martial shall be absent or excused after the court has been assembled for the trial of the accused unless excused as a result of a
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challenge, excused by the military judge for physical disability or other good cause, or excused by order of the convening authority for good cause. (b) Whenever a general court-martial, other than a general court-martial composed of a military judge only, is reduced below six members, the trial shall not proceed unless the convening authority details new members sufficient in number to provide not less than six members. The trial shall proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused, and counsel for both sides. (c) Whenever a special court-martial, other than a special court-martial composed of a military judge only, is reduced below six members, the trial shall not proceed unless the convening authority details new members sufficient in number to provide not less than six members. The trial shall proceed with the new members present as if no evidence had been introduced previously at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, the accused, and counsel for both sides. (d) If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of subparagraph (B) of paragraphs (1) and (2) of Code Section 38-2-1016, after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides.
Part 6
38-2-1030. (a) Charges and specifications shall be signed by a person subject to this article under oath before a commissioned officer authorized by Code Section 38-2-1136 to administer oaths and shall state:
(1) That the signer has personal knowledge of, or has investigated, the matters set forth therein; and (2) That the same are true in fact to the best of the signer's knowledge and belief. (b) Upon the preferring of charges, the convening authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges as soon as practicable. (c) The preferring of charges and findings and sentence of a general court-martial or special court-martial, or other disposition of the charges of the general court-martial or special court-martial, shall be reported to the Georgia Crime Information Center. The Governor shall prescribe by regulations issued pursuant to Part 1 of Article 2 of this chapter the means, manner, and methods of such reporting to the Georgia Crime Information Center.
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38-2-1031. (a) No person subject to this article shall compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate him or her. (b) No person subject to this article shall interrogate or request any statement from an accused or a person suspected of an offense without first informing him or her of the nature of the accusation and advising him or her that he or she does not have to make any statement regarding the offense of which he or she is accused or suspected and that any statement made by him or her may be used as evidence against him or her in a trial by court-martial. (c) No person subject to this article shall compel any person to make a statement or produce evidence before any military court if the statement or evidence is not material to the issue and may tend to degrade him or her. (d) No statement obtained from any person in violation of this article or through the use of coercion, unlawful influence, or unlawful inducement shall be received in evidence against him or her in a trial by court-martial.
38-2-1032. (a) No charge or specification shall be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made unless such investigation has been waived in writing by the accused after consultation with his or her defense counsel. Such investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline. (b) The accused shall be advised of the charges against him or her and of the right to be represented at the investigation provided for by subsection (a) of this Code section by counsel. The accused has the right to be represented at such investigation as provided in Code Section 38-2-1038 and in regulations prescribed under that Code section. At such investigation, full opportunity shall be given to the accused to cross-examine witnesses against him or her, if they are available, and to present anything relevant he or she may desire in his or her own behalf, either in defense or mitigation, and the investigating officer shall examine available relevant witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused. (c) If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in subsection (b) of this Code section, no further investigation of that charge shall be necessary under this Code section unless it is demanded by the accused after he or she is informed of the charge. A demand for further investigation shall entitle the
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accused to recall witnesses for further cross-examination and to offer any new relevant evidence in the accused's own behalf. (d) If evidence adduced in an investigation under this Code section indicates that the accused committed an uncharged offense, the investigating officer may investigate the subject matter of that offense without the accused having first been charged with the offense if the accused is:
(1) Present at the investigation; (2) Informed of the nature of each uncharged offense investigated; and (3) Afforded the opportunities for representation, cross-examination, and presentation prescribed in subsection (b) of this Code section. (e) The requirements of this Code section shall be binding on all persons administering this article, but failure to follow them shall not constitute jurisdictional error.
38-2-1033. When a person is held for trial by general court-martial, the commanding officer shall, within three days after the accused is ordered into arrest or confinement, forward the charges, together with the investigation and allied papers, to the person exercising general court-martial jurisdiction.
38-2-1034. (a) Before directing the trial of any charge by general or special court-martial, the convening authority shall refer it to the staff judge advocate of the service of the accused for consideration and advice. The convening authority shall not refer a specification under a charge to a general or special court-martial for trial unless the convening authority has been advised in writing by the staff judge advocate of the service of the accused that:
(1) The specification alleges an offense under this article; (2) The specification is warranted by the evidence indicated in the report of investigation as provided for under Code Section 38-2-1032, if there is such a report; and (3) A court-martial would have jurisdiction over the accused and the offense. (b) The advice of the staff judge advocate under subsection (a) of this Code section with respect to a specification under a charge shall include a written and signed statement by the staff judge advocate: (1) Expressing conclusions with respect to each matter set forth in subsection (a) of this Code section; and (2) Recommending action that the convening authority take regarding the specification. If the specification is referred for trial, the recommendation of the staff judge advocate shall accompany the specification. (c) If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal
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corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence, may be made.
38-2-1035. The trial counsel shall serve or cause to be served upon the accused a copy of the charges. No person shall, against his or her objection, be brought to trial before a general court-martial case within a period of five days after the service of charges upon him or her, or before a special court-martial case within a period of three days after the service of charges upon him or her.
Part 7
38-2-1036. Pretrial, trial, and post-trial procedures, including, but not limited to, modes of proof, for courts-martial cases arising under this article and for courts of inquiry shall be prescribed by the Governor, or the adjutant general by delegation of the Governor, by regulations issued pursuant to Part 1 of Article 2 of this chapter, or as otherwise provided by law, which shall apply the principles of law generally recognized in military criminal cases in the courts of the armed forces but which may not be contrary to or inconsistent with this article.
38-2-1037. (a) No authority convening a general, special, or summary court-martial nor any other commanding officer or officer serving on the staff thereof may censure, reprimand, or admonish such court or any member, the military judge, counsel, or witness thereof with respect to the findings or sentence adjudged by the court or with respect to any other exercise of its or his or her functions in the conduct of the proceedings. No person subject to this article shall attempt to coerce or, by any unauthorized means, influence the action of a court-martial or court of inquiry or any member thereof in reaching the findings or sentence in any case or the action of any convening, approving, or reviewing authority with respect to their judicial acts. (b) Subsection (a) of this Code section shall not apply with respect to:
(1) General instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial; or (2) Statements and instructions given in open court by the military judge, summary court-martial officer, or counsel. (c) In the preparation of an effectiveness, fitness, or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the organized militia is qualified to be advanced in grade, of determining the assignment or transfer of a member of the organized militia, or of determining whether a member of the organized militia should be retained on active status, no person subject to this article shall, in preparing any such report:
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(1) Consider or evaluate the performance of duty of any such member as a member of a court-martial or witness therein; or (2) Give a less favorable rating or evaluation of any counsel of the accused because of zealous representation before a court-martial.
38-2-1038. (a) The trial counsel of a general or special court-martial shall be a member in good standing of the State Bar of Georgia and shall prosecute in the name of this state and shall, under the direction of the court, prepare the record of the proceedings.
(b)(1) The accused shall have the right to be represented in defense before a general or special court-martial or at an investigation under Code Section 38-2-1032 as provided for in this subsection. (2) The accused may be represented by civilian counsel at the provision and expense of the accused. (3) Except as otherwise provided in this Code section, the accused shall be represented by:
(A) Military counsel as provided for under Code Section 38-2-1027; or (B) Military counsel of the accused's own selection if such counsel is reasonably available as determined under paragraph (7) of this subsection. (4) If the accused is represented by civilian counsel, military counsel detailed or selected under paragraph (3) of this subsection shall act as associate counsel if requested in writing by the accused; provided, however, that if no such request in writing is made, military counsel detailed under paragraph (3) of this subsection shall be excused. (5) Except as provided under paragraph (6) of this subsection, if the accused is represented by military counsel of his or her own selection under subparagraph (b)(3)(B) of this Code section, any military counsel detailed under subparagraph (b)(3)(A) of this Code section shall be excused. (6) The accused shall not be entitled to be represented by more than one military counsel; provided, however, that the person authorized under regulations prescribed under Code Section 38-2-1027 to detail counsel, in such person's sole discretion: (A) May detail additional military counsel as assistant defense counsel; and (B) If the accused is represented by military counsel of the accused's own selection under subparagraph (b)(3)(B) of this Code section, may approve a request from the accused that military counsel detailed under subparagraph (b)(3)(A) of this Code section act as associate defense counsel. (7) The staff judge advocate of the same force of the accused shall determine whether the military counsel selected by an accused is reasonably available. (c) In any court-martial proceeding resulting in a conviction, the defense counsel may: (1) Forward for attachment to the record of proceedings a brief of such matters as counsel determines should be considered in behalf of the accused on review, including any objection to the contents of the record which such counsel considers appropriate;
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(2) Assist the accused in the submission of any matter under Code Section 38-21060; and (3) Take other action as authorized by this article.
38-2-1039. (a) At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge shall, subject to Code Section 38-2-1035, call the court into session without the presence of the members for the purpose of:
(1) Hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty; (2) Hearing and ruling upon any matter which may be ruled upon by the military judge under this article, whether or not the matter is appropriate for later consideration or decision by the members of the court; (3) Holding the arraignment and receiving the pleas of the accused; and (4) Performing any other procedural function which does not require the presence of the members of the court under this article. (b) The proceedings as provided for by subsection (a) of this Code section shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made a part of the record. Such proceedings shall be conducted notwithstanding the number of court members and without regard to Code Section 382-1029. (c) When the members of a court-martial deliberate or vote, only the members shall be present. All other proceedings, including, but not limited to, any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and the military judge.
38-2-1040. The military judge of a court-martial or a summary court-martial officer may, for reasonable cause, grant a continuance to any party for such time and as often as may appear to be just.
38-2-1041. (a)(1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge, if one, or the court shall determine the relevancy and validity of challenges for cause and shall not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered. (2) If exercise of a challenge for cause reduces the court below the minimum number of members required by Code Section 38-2-1016, all parties shall, notwithstanding Code Section 38-2-1029, either exercise or waive any challenge for cause then
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apparent against the remaining members of the court before additional members are detailed to the court; provided, however, that peremptory challenges shall not be exercised at such time. (b)(1) Each accused and the trial counsel are entitled initially to one peremptory challenge of members of the court. The military judge shall not be challenged except for cause. (2) If exercise of a peremptory challenge reduces the court below the minimum number of members required by Code Section 38-2-1016, the parties shall, notwithstanding Code Section 38-2-1029, either exercise or waive any remaining peremptory challenge, not previously waived, against the remaining members of the court before additional members are detailed to the court. (3) Whenever additional members are detailed to the court, and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.
38-2-1042. (a) Before performing their respective duties, military judges, general and special courts-martial members, trial counsel, defense counsel, reporters, and interpreters shall take an oath or affirmation to perform their duties faithfully. The form of such oath or affirmation, the time and place of the taking thereof, the manner of recording the same, and whether the oath or affirmation shall be taken for all cases in which such duties are to be performed or for a particular case, shall be as prescribed in regulations issued pursuant to Part 1 of Article 2 of this chapter or as provided by law. Such regulations shall provide that an oath or affirmation to perform faithfully the duties as a military judge, trial counsel, or defense counsel may be taken at any time by any judge advocate or other person certified or designated to be qualified or competent for the duty, and if such an oath or affirmation is taken, it need not again be taken at the time the judge advocate or other person is detailed to that duty. (b) Each witness before a court-martial shall be examined under oath or affirmation.
38-2-1043. (a) A person charged with desertion or absence without leave in time of armed conflict or war, whether or not declared, or with aiding the enemy or with mutiny shall be tried and punished at any time without limitation. (b) Except as otherwise provided in this article, a person charged with any offense shall not be liable to be tried by court-martial or punished under Code Section 38-2-1015 if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command or before the imposition of punishment under Code Section 38-2-1015. (c) Periods in which the accused is absent without authority or fleeing from justice shall be excluded in computing the period of limitation prescribed in this Code section.
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(d) Periods in which the accused was absent from territory in which this state has the authority to take the accused into custody, or in which such accused is in the custody of civil authorities or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this Code section.
(e)(1) If charges or specifications are dismissed as defective or insufficient for any cause and the period of limitation prescribed by this Code section has expired or will expire within 180 days after the date of dismissal of the charges and specifications, trial and punishment under new charges and specifications shall not be barred by the period of limitation prescribed by this Code section if the conditions specified in paragraph (2) of this subsection are met. (2) The conditions provided for by paragraph (1) of this subsection shall be that the new charges and specifications shall:
(A) Be received by an officer exercising summary court-martial jurisdiction over the command within 180 days after the dismissal of the charges or specifications; and (B) Allege the same acts or omissions that were alleged in the dismissed charges or specifications or allege acts or omissions that were included in the dismissed charges or specifications.
38-2-1044. (a) No person shall, without his or her consent, be tried a second time for the same offense. (b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification shall be a trial in the sense of this Code section until the finding of guilty has become final after review of the case has been fully completed. (c) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused shall be a trial in the sense of this Code section.
38-2-1045. (a) If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty. (b) With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may be entered immediately without vote. Such finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event, the proceedings shall continue as though the accused had pleaded not guilty.
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38-2-1046. The trial counsel, the defense counsel, and the summary court-martial officer shall have equal opportunity to obtain witnesses and other evidence as prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter.
38-2-1046.1. (a) Military courts are empowered to issue all process and mandates necessary and proper to carry into full effect the powers vested in the courts. The courts shall have power to issue subpoenas for the attendance of witnesses and subpoenas for the production of documentary evidence and to enforce by attachment attendance of witnesses and production of books, records, and other documentary evidence. (b) Such process and mandates may be issued by military judges, summary courtsmartial, provost courts, the president of other military courts, and boards of officers; may be directed to and may be executed by any sheriff, the marshals of the military court, or any peace officer; and shall be in such form as may be prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter. (c) It shall be the duty of all officers to whom process or mandate may be so directed to execute the same and make return of their acts thereunder according to the requirements of the same. Except as otherwise specifically provided in this article, no such officer shall demand or require payment of any fee or charge of any nature for receiving, executing, or returning any process or mandate or for any services in connection therewith.
38-2-1047. (a) Any person not subject to this article who:
(1) Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry or before any military or civil officer designated to take a deposition to be read in evidence before such court; (2) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a criminal court of this state; and (3) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce shall be punished by the military court in the same manner as a criminal court of this state. (b) The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses or other appropriate funds.
38-2-1048. (a) A military judge may punish for contempt any person who uses any menacing word, sign, or gesture in his or her presence, or who disturbs the proceedings of the military court by any riot or disorder.
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(b) A person subject to this article may be punished for contempt by confinement not to exceed 30 days or a fine of $1,000.00, or both. (c) A person not subject to this article may be punished for contempt by a military court in the same manner as a criminal court of this state.
38-2-1049. (a) At any time after charges have been signed as provided for in Code Section 38-21030, the military judge or summary court-martial officer, with approval of the state judge advocate, may allow a party to take oral or written depositions for good cause. (b) The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition, and such party may attend and participate in the deposition. (c) Depositions shall be taken before and authenticated by any military or civil officer authorized by the laws of this state or by the laws of the place where the deposition is taken to administer oaths. (d) A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence or, in the case of audiotape, videotape, digital image or file, or similar material, may be played in evidence before any military court, if it appears that:
(1) The witness resides or is beyond another state in which the court is ordered to sit, or beyond 100 miles from the place of trial or hearing; (2) The witness, by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing; or (3) The present whereabouts of the witness are unknown.
38-2-1050. (a) In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a courtmartial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence. (b) In any case extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained may, if otherwise admissible under the rules of evidence, be read in evidence only by the defense. (c) Such testimony as provided for in subsections (a) and (b) of this Code section may be read in evidence before a court of inquiry in like manner as provided for in subsections (a) and (b) of this Code section.
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38-2-1050.1. (a) It shall be an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his or her acts. Mental disease or defect shall not otherwise constitute a defense. (b) The accused has the burden of proving the defense as provided for by subsection (a) of this Code section by clear and convincing evidence. (c) Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall follow the procedures set forth in Code Section 17-7-131.
38-2-1051. (a) Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president who shall forthwith announce the result of the ballot to the members of the court. (b) The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused shall be final and shall constitute the ruling of the court; provided, however, that the military judge may change the ruling at any time during the trial. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in Code Section 38-2-1052, beginning with the member junior in rank. (c) Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them that:
(1) The accused must be presumed to be innocent until his or her guilt is established by legal and competent evidence beyond reasonable doubt; (2) In the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and the accused must be acquitted; (3) If there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and (4) The burden of proof to establish the guilt of the accused beyond a reasonable doubt is upon the state. (d) Subsections (a), (b), and (c) of this Code section shall not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition, on request, find the
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facts specially. If an opinion or memorandum of decision is filed, it shall be sufficient if the findings of fact appear therein.
38-2-1052. (a) No person shall be convicted of an offense, except:
(1) As provided in Code Section 38-2-1045; (2) By the vote of two-thirds of the members; (3) By a summary court-martial officer; or (4) If a court-martial is composed of a military judge only, by decision of the military judge. (b) If two-thirds of the members of a court-martial composed of members do not vote for a conviction, the accused shall be acquitted. (c)(1) All questions other than the questions provided for under subsections (a) and (b) of this Code section to be decided by the members of a general or special courtmartial shall be determined by a majority vote; provided, however, that a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, shall be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. (2) A tie vote on a challenge shall disqualify the member challenged. (3) A tie vote on a motion relating to the question of the sanity of the accused shall be a determination against the accused. (4) A tie vote on a question other than the questions provided for under paragraphs (2) and (3) of this subsection shall be a determination in favor of the accused.
38-2-1053. A court-martial shall announce its findings and sentence to the parties as soon as determined.
38-2-1054. (a) Each general and special court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his or her death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member, if the trial counsel is unable to authenticate it by reason of his or her death, disability, or absence. In a court-martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this subsection.
(b)(1) A complete verbatim record of the proceedings and testimony shall be prepared in each general and special court-martial case resulting in a conviction.
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(2) In all court-martial cases other than as provided for by paragraph (1) of this subsection, the record shall contain such matters as may be prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter. (c) Each summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be authenticated in the manner as may be prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter. (d) A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.
Part 8
38-2-1055. Punishment by flogging or by branding, marking, or tattooing on the body or any other cruel or unusual punishment shall not be adjudged by a court-martial or inflicted upon any person subject to this article. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
38-2-1056. (a) The punishment which a court-martial may direct for an offense shall not exceed such limits as prescribed by this article, but in no instance shall a sentence exceed more than ten years nor shall a sentence of death be adjudged. A conviction by general court-martial of any offense for which an accused may receive a sentence of confinement for more than one year shall be a felony offense. Except for convictions by a summary court-martial, all other convictions shall be misdemeanors. Any conviction by a summary court-martial shall not be a criminal conviction. (b) The limits of punishment for violations of this article prescribed herein shall be the lesser of the sentences prescribed by the manual for courts-martial of the United States in effect on January 1, 2015, if such manual contains the offense, and any regulations or manual for courts-martial adopted in this state pursuant to Code Section 38-2-1036, but in no instance shall any punishment exceed that authorized by this article.
38-2-1057. (a) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture shall apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture shall extend to any pay or allowances accrued before that date. (b) Any period of confinement included in a sentence of a court-martial shall begin to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement. (c) All sentences of courts-martial, except as provided for by subsections (a) and (b) of this Code section, shall be effective on the date ordered executed.
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38-2-1057.1. (a) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under that person's jurisdiction, the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned may, in that person's sole discretion, defer service of the sentence to confinement. Such deferment shall terminate when the sentence is ordered executed. Such deferment may be rescinded at any time by the person who granted it or, if the accused is no longer under that person's jurisdiction, by the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned.
(b)(1) In any case in which a court-martial sentences an accused as provided for in paragraph (2) of this subsection to confinement, the convening authority shall defer the service of the sentence to confinement, without the consent of the accused, until after the accused has been permanently released to the organized militia by another state, the United States, or a foreign country referred to in that paragraph. (2) Paragraph (1) of this subsection shall apply to a person subject to this article who:
(A) While in the custody of another state, the United States, or a foreign country is temporarily returned by such state, the United States, or a foreign country to the organized militia for trial by court-martial; and (B) After the court-martial, is returned to such state, the United States, or a foreign country under the authority of a mutual agreement or treaty, as the case may be. (c) In any case in which a court-martial sentences an accused to confinement and the sentence to confinement has been ordered executed, but in which review of the case under Code Section 38-2-1067 is pending, the adjutant general may defer further service of the sentence to confinement while that review is pending.
38-2-1058. (a) A sentence of confinement adjudged by a court-martial, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, shall be carried into execution by confinement in any place authorized by this article. Persons so confined shall be subject to the same discipline and treatment as persons regularly confined or committed to that place of confinement. (b) The omission of hard labor as a sentence authorized under this article shall not deprive a confinement facility from employing it, if it otherwise is within the authority of that facility to do so. (c) No place of confinement shall require payment of any fee or charge for so receiving or confining a person except as otherwise provided by law.
38-2-1058.1. (a) A court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes a dishonorable or bad conduct discharge or confinement shall reduce that member to pay grade E-1, effective on the date of that approval.
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(b) If the sentence of an enlisted member who is reduced in pay grade under subsection (a) of this Code section is set aside or disapproved, or, as finally approved, does not include any punishment named in paragraphs (1) and (2) of subsection (a) of this Code section, the rights and privileges of which the person was deprived because of that reduction shall be restored, including, but not limited to, pay and allowances.
38-2-1058.2. (a)(1) A court-martial sentence as provided for in paragraph (2) of this subsection shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. Such forfeiture pursuant to this Code section shall take effect on the date determined under Code Section 38-2-1057 and may be deferred as provided by that Code section. The pay and allowances forfeited shall be all pay and allowances due that member during such period. (2) A sentence covered by this subsection shall be any sentence that includes: (A) Confinement for more than six months; or (B) Confinement for six months or less and a dishonorable or bad conduct discharge or dismissal.
(b) In a case involving an accused who has dependents, the convening authority or other person acting under Code Section 38-2-1060 may waive any or all of the forfeitures of pay and allowances required by subsection (a) of this Code section for a period not to exceed six months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused. (c) If the sentence of a member who forfeits pay and allowances under subsection (a) of this Code section is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in paragraph (2) of subsection (a) of this Code section, the member shall be paid the pay and allowances which the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.
Part 9
38-2-1059. (a) A finding or sentence of a court-martial shall not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. (b) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.
38-2-1060. (a) The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence.
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(b)(1) The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. Any such submission shall be in writing. Except in a summary court-martial case, such a submission shall be made within 30 days after the accused has been given an authenticated record of the trial and, if applicable, the recommendation of the staff judge advocate of the service of the accused under subsection (d) of this Code section. In a summary court-martial case, such a submission shall be made within 30 days after the sentence is announced. (2) If the accused shows that additional time is required for the accused to submit such matters as provided for in paragraph (1) of this subsection, the convening authority or other person taking action under this Code section, for good cause, may extend the applicable period under paragraph (1) of this subsection for not more than an additional 60 days. (3) In a summary court-martial case, the accused shall be promptly provided a copy of the record of trial for use in preparing the submission as provided for by paragraph (1) of this subsection. (4) The accused may waive the right to make a submission to the convening authority as provided for by paragraph (1) of this subsection. Such a waiver shall be made in writing and may not be revoked. For the purposes of paragraph (2) of subsection (c) of this Code section, the time within which the accused may make a submission under this subsection shall be deemed to have expired upon the submission of such a waiver to the convening authority. (c)(1) The authority under this Code section to modify the findings and sentence of a court-martial is a matter of command prerogative involving the sole discretion of the convening authority. If it is impractical for the convening authority to act, the convening authority shall forward the case to a person exercising general courtmartial jurisdiction who may take action under this Code section. (2) Action on the sentence of a court-martial shall be taken by the convening authority or by another person authorized to act under this Code section. Such action may be taken only after consideration of any matters submitted by the accused under subsection (b) of this Code section or after the time for submitting such matters expires, whichever is earlier. The convening authority or other person taking such action, in that person's sole discretion, may approve, disapprove, commute, or suspend the sentence in whole or in part. (3) Action on the findings of a court-martial by the convening authority or other person acting on the sentence shall not be required; provided, however, that such person, in the person's sole discretion may:
(A) Dismiss any charge or specification by setting aside a finding of guilty thereto; or (B) Change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.
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(d) Before acting under this Code section on any general or special court-martial case in which there is a finding of guilt, the convening authority or other person taking action under this Code section shall obtain and consider the written recommendation of the staff judge advocate of the service of the accused. The convening authority or other person taking action under this Code section shall refer the record of trial to the staff judge advocate, and the staff judge advocate shall use such record in the preparation of the recommendation. The recommendation of the staff judge advocate shall include such matters as may be prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter and shall be served on the accused, who may submit any matter as provided for by subsection (b) of this Code section. Failure to object in the response to the recommendation or to any matter attached to the recommendation shall waive the right to object thereto.
(e)(1) The convening authority or other person taking action under this Code section, in the person's sole discretion, may order a proceeding in revision or a rehearing. (2) A proceeding in revision as provided for by paragraph (1) of this subsection may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, however, may a proceeding in revision:
(A) Reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty; (B) Reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of this article; or (C) Increase the severity of the sentence unless the sentence prescribed for the offense is mandatory. (3) A rehearing may be ordered by the convening authority or other person taking action under this Code section if that person disapproves the findings and sentence and states the reasons for disapproval of the findings. If such person disapproves of the findings and sentence and does not order a rehearing, that person shall dismiss the charges. A rehearing as to the findings shall not be ordered where there is a lack of sufficient evidence in the record to support such findings. A rehearing as to the sentence shall be ordered if the convening authority or other person taking action under this subsection disapproves the sentence.
38-2-1061. (a) In each case subject to appellate review under this article, the accused may file with the convening authority a statement expressly withdrawing the right of the accused to such appeal. Such a withdrawal shall be signed by both the accused and his or her defense counsel and shall be filed in accordance with appellate procedures as provided by law. (b) The accused may withdraw an appeal at any time in accordance with appellate procedures as provided by law.
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38-2-1062. (a)(1) In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following, other than a finding of not guilty with respect to the charge or specification by the members of the court-martial or by a judge in a bench trial so long as it is not made in reconsideration: (A) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification; (B) An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding; (C) An order or ruling which directs the disclosure of classified information; (D) An order or ruling which imposes sanctions for nondisclosure of classified information; (E) A refusal of the military judge to issue a protective order sought by the state to prevent the disclosure of classified information; and (F) A refusal by the military judge to enforce an order described in subparagraph (E) of this paragraph that has previously been issued by appropriate authority. (2) An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one which excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding. (3) An appeal under this Code section shall be diligently prosecuted as provided by law.
(b) An appeal under this Code section shall be forwarded to the court prescribed in Code Section 38-2-1067. In ruling on an appeal under this Code section, such court may act only with respect to matters of law. (c) Any period of delay resulting from an appeal under this Code section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.
38-2-1063. Each rehearing under this article shall take place before a court-martial composed of members who were not members of the court-martial which first heard the case. Upon a rehearing, the accused may not be tried for any offense of which the accused was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be approved, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes a plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with the pretrial
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agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.
38-2-1064. (a) Each general and special court-martial case in which there has been a finding of guilty shall be reviewed by the state judge advocate or his or her designee who shall be a judge advocate. The state judge advocate shall not review a case under this subsection if that person has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel, or has otherwise acted on behalf of the prosecution or defense; the state judge advocate shall assign review of such case to a designee who shall not have acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel, or has otherwise acted on behalf of the prosecution or defense. Such review of the state judge advocate or his or her designee shall be in writing and shall contain the following:
(1) Conclusions as to whether: (A) The court had jurisdiction over the accused and the offense; (B) The charge and specification stated an offense; and (C) The sentence was within the limits prescribed as a matter of law;
(2) A response to each allegation of error made in writing by the accused; and (3) If the case is sent for action under subsection (b) of this Code section, a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law. (b) The record of trial and related documents in each case reviewed under subsection (a) of this Code section shall be sent for action to the adjutant general, if: (1) The judge advocate who reviewed the case recommends corrective action; (2) The sentence approved under Code Section 38-2-1060 extends to dismissal, a bad conduct or dishonorable discharge, or confinement for more than six months; or (3) Such action is otherwise required by regulations pursuant to Part 1 of Article 2 of this chapter. (c)(1) If a record of trial is sent to the adjutant general under subsection (b) of this Code section, the adjutant general may:
(A) Disapprove or approve the findings or sentence, in whole or in part; (B) Remit, commute, or suspend the sentence in whole or in part; (C) Except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings or on the sentence, or both; or (D) Dismiss the charges. (2) If a rehearing is ordered by the adjutant general but the convening authority finds a rehearing impracticable, the convening authority shall dismiss the charges. (3) If the opinion of the state judge advocate, or designee, in the state judge advocate's, or designee's, review under subsection (a) of this Code section is that corrective action is required as a matter of law and if the adjutant general does not take action that is at least as favorable to the accused as that recommended by the
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state judge advocate, the record of trial and action thereon shall be sent to the Governor for review and action as deemed appropriate. (d) The state judge advocate, or his or her designee who shall be a judge advocate, may review any case in which there has been a finding of not guilty of all charges and specifications. If the state judge advocate has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense, the state judge advocate may assign such case to a designee who has not acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense and who shall determine whether a review shall be conducted under this subsection. Such review of the state judge advocate or of his or her designee shall be limited to questions of subject matter jurisdiction. (e) The record of trial and related documents in each case reviewed under subsection (d) of this Code section shall be sent for action to the adjutant general; the adjutant general may: (1) When subject matter jurisdiction is found to be lacking, void the court-martial ab initio, with or without prejudice to the state, as the adjutant general deems appropriate; or (2) Return the record of trial and related documents to the state judge advocate or his or her designee for appeal by the state as provided by law.
38-2-1065. Except as otherwise required by this article, all records of trial and related documents shall be transmitted and disposed of as prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter.
38-2-1066. Reserved.
38-2-1067. (a)(1) There shall be the court-martial review panel which shall hear appeals of decisions of a court-martial. (2) The Governor shall appoint five persons to serve as judges on the court-martial review panel. Four such judges shall be retired commissioned officers of the organized militia or state military force of another state or of the armed forces of the United States or a reserve component thereof and a member in good standing of the State Bar of Georgia. One such judge shall be a member in good standing of the State Bar of Georgia and shall not be a member, former member, or retired member of the organized militia or state military force of another state or of the armed forces of the United States or a reserve component thereof. (3) The Governor shall prescribe by regulations issued pursuant to Part 1 of Article 2 of this chapter the convening and administration of the court-martial review panel and the compensation provided to the judges of such panel.
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(b)(1) An appeal to the court-martial review panel shall only be made after action on the sentence of a court-martial by the convening authority or by another person authorized to take such action as provided for in Code Section 38-2-1060 or after a decision of the convening authority to deny a petition for a new trial as provided for by Code Section 38-2-1073 or pursuant to Code Section 38-2-1062. Such appeals shall be made within 30 days after such action or decision. (2) The court-martial review panel shall dispose of each appeal within 90 days of such appeal made thereto. The court-martial review panel shall deliver its decision to the state judge advocate and, within three days, the state judge advocate shall serve a copy of such decision to the accused by statutory overnight delivery. The decision of the court-martial review panel shall be final for purposes of an appeal to the appellate courts of this state on the date that the state judge advocate mails the decision to the accused. (c) Any party to a proceeding before the court-martial review panel may secure a review of the final decision of the court-martial review panel by appeal in the manner and form provided by law for appeals from the superior courts to the appellate courts of this state.
38-2-1068. Reserved.
38-2-1069. Reserved.
38-2-1070. (a) The state judge advocate shall detail a judge advocate as appellate government counsel to represent the state in the review or appeal of cases provided for in Code Section 38-2-1067 and before any federal court when requested to do so by the attorney general. Appellate government counsel shall be a member in good standing of the bar of the highest court of this state. (b) Upon an appeal by the state, the accused shall have the right to be represented by detailed military counsel before any reviewing authority and before any appellate court. (c) Upon an appeal by an accused, the accused shall have the right to be represented by military counsel before any reviewing authority. (d) Upon the request of an accused entitled to be so represented, the senior force judge advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases specified in subsections (b) and (c) of this Code section. (e) An accused may be represented by civilian appellate counsel at no expense to the state.
38-2-1071. (a) If the sentence of the court-martial extends to dismissal or a dishonorable or bad conduct discharge and if the right of the accused to appellate review is not waived and
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an appeal is not withdrawn under Code Section 38-2-1061, that part of the sentence extending to dismissal or a dishonorable or bad conduct discharge shall not be executed until there is a final judgment as to the legality of the proceedings. A judgment as to the legality of the proceedings shall be final in such cases when review is completed by an appellate court as provided for in Code Section 38-2-1067 and is deemed final by the law of this state. (b) If the sentence of the court-martial extends to dismissal or a dishonorable or bad conduct discharge and if the right of the accused to appellate review is waived or an appeal is withdrawn under Code Section 38-2-1061, that part of the sentence extending to dismissal or a dishonorable or bad conduct discharge shall not be executed until review of the case by the state judge advocate and any action on that review under Code Section 38-2-1064 is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case under Code Section 38-2-1060 when so approved under that Code section. (c) The convening authority may suspend the execution of any sentence or part thereof.
38-2-1072. (a) Before the vacation of the suspension of a special court-martial sentence, which as approved includes a bad conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on an alleged violation of probation. The probationer shall be represented at the hearing by military counsel if the probationer so desires. (b) The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general courtmartial jurisdiction over the probationer. If the officer vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed subject to applicable restrictions in this article. (c) The suspension of any other sentence may be vacated by any authority competent to convene for the command in which the accused is serving or assigned a court of the kind that imposed the sentence.
38-2-1073. (a) At any time within five years after approval by the convening authority of a courtmartial sentence, the accused may petition the convening authority for a new trial. Some good reason, including but not limited to newly discovered evidence or fraud on the court-martial, must be shown as to why the petition should be granted. (b) The decision of the convening authority provided for under subsection (a) of this Code section shall be appealable as provided for under Code Section 38-2-1067.
38-2-1074. (a) Any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence may remit or suspend
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any part or amount of the unexecuted part of any sentence, including, but not limited to, all uncollected forfeitures, other than a sentence approved by the Governor. (b) The Governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.
38-2-1075. (a) Under such regulations as may be prescribed pursuant to this chapter, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon the new trial or rehearing. (b) If a previously executed sentence of dishonorable or bad conduct discharge is not imposed on a new trial, the Governor may substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of the accused's enlistment. (c) If a previously executed sentence of dismissal is not imposed on a new trial, the Governor may substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the Governor to such commissioned grade and with such rank as in the opinion of the Governor that former officer would have attained had the former officer not been dismissed. The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the Governor may direct. All time between the dismissal and the reappointment shall be considered as actual service for all purposes, including, but not limited to, the right to pay and allowances.
38-2-1076. The appellate review of records of trial provided by this article, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this article, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required by this article shall be final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings shall be binding upon all departments, courts, agencies, and officers of the United States and officers of another state subject only to action upon a petition for a new trial as provided in Code Section 38-2-1073 and to action under Code Section 38-2-1074.
38-2-1076.1. Under regulations prescribed pursuant to Part 1 of Article 2 of this chapter, an accused who has been sentenced by a court-martial shall be required to take leave pending completion of action under this Code section if the sentence as approved under Code Section 38-2-1060 includes an unsuspended dismissal or an unsuspended dishonorable or bad conduct discharge. The accused shall be required to begin such leave on the date
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on which the sentence is approved under Code Section 38-2-1060 or at any time after such date, and such leave shall be continued until the date on which action under this Code section is completed or may be terminated at any earlier time.
Part 10
38-2-1077. Any person subject to this article who:
(1) Commits an offense punishable by this article or aids, abets, counsels, commands, or procures its commission; or (2) Causes an act to be done which if directly performed by that person would be punishable by this article is a principal.
38-2-1078. Any person subject to this article who, knowing that an offense punishable by this article has been committed, receives, comforts, or assists the offender in order to hinder or prevent his or her apprehension, trial, or punishment shall be punished as a courtmartial may direct.
38-2-1079. An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
38-2-1080. (a) An act, done with specific intent to commit an offense under this article, amounting to more than mere preparation and tending, even though failing, to effect its commission is an attempt to commit that offense. (b) Any person subject to this article who attempts to commit any offense punishable by this article shall be punished as a court-martial may direct, unless otherwise specifically prescribed. (c) Any person subject to this article may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
38-2-1081. Any person subject to this article who conspires with any other person to commit an offense under this article shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
38-2-1082. (a) Any person subject to this article who solicits or advises another or others to desert in violation of Code Section 38-2-1085 or mutiny in violation of Code Section 38-2-
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1094 shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense; but, if the offense solicited or advised is not committed or attempted, the person shall be punished as a court-martial may direct. (b) Any person subject to this article who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of Code Section 38-2-1099 or sedition in violation of Code Section 38-2-1094 shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense; but, if the offense solicited or advised is not committed, the person shall be punished as a court-martial may direct.
38-2-1083. Any person who:
(1) Procures his or her own enlistment or appointment in the organized militia by knowingly false representation or deliberate concealment as to his or her qualifications for that enlistment or appointment and receives pay or allowances thereunder; or (2) Procures his or her own separation from the organized militia by knowingly false representation or deliberate concealment as to his or her eligibility for that separation shall be punished as a court-martial may direct.
38-2-1084. Any person subject to this article who effects an enlistment or appointment in or a separation from the organized militia of any person who is known to him or her to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.
38-2-1085. (a) Any member of the organized militia shall be guilty of desertion who:
(1) Without authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away therefrom permanently; (2) Quits his or her unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or (3) Without being regularly separated from the organized militia, enlists or accepts another appointment in the organized militia, or in one of the armed forces of the United States, without fully disclosing the fact that the member has not been regularly separated, or enters any foreign armed service except when authorized by the United States. (b) Any commissioned officer of the organized militia who, after tender of his or her resignation and before notice of its acceptance, quits his or her post or proper duties without leave and with intent to remain away therefrom permanently shall be guilty of desertion. (c) Any person found guilty of desertion or attempt to desert shall be punished by:
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(1) Confinement of not more than ten years or such other punishment as a courtmartial may direct if the offense is committed in time of war; or (2) Punishment as a court-martial may direct if the offense occurs at any time other than in time of war.
38-2-1086. Any person subject to this article shall be punished as a court-martial may direct who, without authority:
(1) Fails to go to his or her appointed place of duty at the time prescribed; (2) Goes from his or her place of duty; or (3) Absents himself or herself or remains absent from his or her unit, organization, or place of duty at which the person is required to be at the time prescribed.
38-2-1087. Any person subject to this article who through neglect or design misses the movement of a ship, aircraft, or unit with which the person is required in the course of duty to move shall be punished as a court-martial may direct.
38-2-1088. Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the secretary of a military department, the Secretary of Homeland Security, or the Governor or General Assembly shall be punished as a court-martial may direct.
38-2-1089. Any person subject to this article who behaves with disrespect toward his or her superior commissioned officer shall be punished as a court-martial may direct.
38-2-1090. Any person subject to this article who:
(1) Strikes his or her superior commissioned officer or draws or lifts up any weapon or offers any violence against said superior commissioned officer while he or she is in the execution of his or her office; or (2) Willfully disobeys a lawful command of his or her superior commissioned officer shall be punished, if the offense is committed in time of war, by confinement of not more than ten years or such other punishment as a court-martial may direct, or if the offense is committed at any time other than a time of war, by such punishment as a court-martial may direct.
38-2-1091. Any warrant officer or enlisted member shall be punished as a court-martial may direct who:
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(1) Strikes or assaults a warrant officer, noncommissioned officer, or petty officer while that officer is in the execution of his or her office; (2) Willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or (3) Treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer while that officer is in the execution of his or her office.
38-2-1092. Any person subject to this article shall be punished as a court-martial may direct who:
(1) Violates or fails to obey any lawful general order or regulation; (2) Having knowledge of any other lawful order issued by a member of the organized militia, which it is his or her duty to obey, fails to obey the order; or (3) Is derelict in the performance of his or her duties.
38-2-1093. Any person subject to this article who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his or her orders shall be punished as a courtmartial may direct.
38-2-1094. (a) Any person subject to this article who:
(1) With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbance shall be guilty of mutiny; (2) With intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority shall be guilty of sedition; or (3) Fails to do his or her utmost to prevent and suppress a mutiny or sedition being committed in his or her presence, or fails to take all reasonable means to inform his or her superior commissioned officer or commanding officer of a mutiny or sedition which the person knows or has reason to believe is taking place, shall be guilty of a failure to suppress or report a mutiny or sedition. (b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.
38-2-1095. Any person subject to this article shall be punished as a court-martial may direct who:
(1) Resists apprehension; (2) Flees from apprehension; (3) Breaks arrest; or (4) Escapes from custody or confinement.
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38-2-1096. Any person subject to this article who, without proper authority, releases any prisoner committed to his or her charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.
38-2-1097. Any person subject to this article who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.
38-2-1098. Any person subject to this article shall be punished as a court-martial may direct who:
(1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this article; or (2) Knowingly and intentionally fails to enforce or comply with any provision of this article regulating the proceedings before, during, or after trial of an accused.
38-2-1099. Any person subject to this article shall be punished as a court-martial may direct who before or in the presence of the enemy:
(1) Runs away; (2) Shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his or her duty to defend; (3) Through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property; (4) Casts away his or her arms or ammunition; (5) Is guilty of cowardly conduct; (6) Quits his or her place of duty to plunder or pillage; (7) Causes false alarms in any command, unit, or place under control of the armed forces of the United States or the organized militia; (8) Willfully fails to do his or her utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing which it is his or her duty so to encounter, engage, capture, or destroy; or (9) Does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies, to this state, or to another state, when engaged in battle.
38-2-1100. Any person subject to this article who compels or attempts to compel a commander, an individual in command of the National Guard of another state, or an individual in command of a vessel, aircraft, or other military property or of any body of members of the armed forces, to give it up to an enemy or to abandon it, or who strikes the colors or
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flag to an enemy without proper authority, shall be punished as a court-martial may direct.
38-2-1101. Any person subject to this article who in time of war discloses the parole or countersign to any person not entitled to receive it or who gives to another, who is entitled to receive and use the parole or countersign, a different parole or countersign from that which, to his or her knowledge, the person was authorized and required to give, shall be punished as a court-martial may direct.
38-2-1102. Any person subject to this article who forces a safeguard shall be punished as a courtmartial may direct.
38-2-1103. (a) All persons subject to this article shall secure all public property taken for the service of the United States or this state or another state and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control. (b) Any person subject to this article shall be punished as a court-martial may direct who:
(1) Fails to carry out the duties prescribed in subsection (a); (2) Buys, sells, trades, or in any way deals in or disposes of taken, captured, or abandoned property, whereby the person receives or expects any profit, benefit, or advantage to himself or herself or another directly or indirectly connected with himself or herself; or (3) Engages in looting or pillaging.
38-2-1104. Any person subject to this article shall be punished as a court-martial may direct who:
(1) Aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or (2) Without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly.
38-2-1105. Any person subject to this article shall be punished as a court-martial may direct who, while in the hands of the enemy in time of war:
(1) For the purpose of securing favorable treatment by his or her captors acts without proper authority in a manner contrary to law, custom, or regulation to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or
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(2) While in a position of authority over such persons maltreats them without justifiable cause.
38-2-1106. Reserved.
38-2-1107. Any person subject to this article who, with intent to deceive, signs any false record, return, regulation, order, or other official document made in the line of duty, knowing it to be false, or makes any other false official statement made in the line of duty, knowing it to be false, shall be punished as a court-martial may direct.
38-2-1108. Any person subject to this article shall be punished as a court-martial may direct who, without proper authority:
(1) Takes, sells, or otherwise disposes of any military property of the United States or of another state; (2) Willfully or through neglect damages, destroys, or loses any military property of the United States or of another state; or (3) Willfully or through neglect suffers to be lost, damaged, destroyed, sold, or wrongfully disposed of any military property of the United States or of another state.
38-2-1109. Any person subject to this article who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully takes, sells, destroys, or damages any property of another other than military property of the United States or of another state shall be punished as a court-martial may direct.
38-2-1110. (a) Any person subject to this article who willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces of the United States or any organized militia shall be punished as a court-martial may direct. (b) Any person subject to this article who negligently hazards or suffers to be hazarded any vessel of the armed forces of the United States or the organized militia shall be punished as a court-martial may direct.
38-2-1111. Any person subject to this article shall be punished as a court-martial may direct who:
(1) Drives, operates, or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance as described in subsection (b) of Code Section 38-2-1112.1; or (2) Drives, operates, or is in actual physical control of any vehicle, aircraft or vessel while drunk or when the alcohol concentration in the person's blood is equal to or
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exceeds 0.08 grams of alcohol per 100 milliliters of blood, as shown by chemical analysis, within three hours after such operation or control, or the person's breath is equal to or exceeds 0.08 grams of alcohol per 210 liters of breath, as shown by chemical analysis, within three hours after such operation or control.
38-2-1112. Any person subject to this article, other than a sentinel or lookout, who is found under the influence of alcohol sufficient to impair the rational and full exercise of his or her mental or physical faculties on duty shall be punished as a court-martial may direct.
38-2-1112.1. (a) Any person subject to this article who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces of the United States or of the organized militia a substance described in subsection (b) of this Code section shall be punished as a courtmartial may direct. (b) The substances provided for by subsection (a) of this Code section shall be:
(1) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana and any compound or derivative of any such substance; (2) Any substance not specified in paragraph (1) of this subsection that is listed on a schedule of controlled substances prescribed by the President for the purposes of the Uniform Code of Military Justice of the armed forces of the United States, 10 U.S.C. Section 801 et seq.; and (3) Any other substance not specified in paragraph (1) of this subsection or contained on a list prescribed by the President under paragraph (2) of this subsection that is listed in schedules I through V of the Controlled Substances Act, 21 U.S.C. Section 812.
38-2-1113. Any sentinel or lookout who is found under the influence of alcohol sufficient to impair the rational and full exercise of his or her mental or physical faculties or sleeping upon his or her post or leaves it before being regularly relieved shall be punished, if the offense is committed in time of war, by confinement of not more than ten years or other punishment as a court-martial may direct, but if the offense is committed at any time other than in time of war, by such punishment as a court-martial may direct.
38-2-1114. Reserved.
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38-2-1115. Any person subject to this article shall be punished as a court-martial may direct who for the purpose of avoiding work, duty, or service:
(1) Feigns illness, physical disablement, mental lapse, or derangement; or (2) Intentionally inflicts self-injury.
38-2-1116. Any person subject to this article who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.
38-2-1117. Any person subject to this article who uses provoking or reproachful words or gestures toward any other person subject to this article shall be punished as a court-martial may direct.
38-2-1118. Reserved.
38-2-1119. Reserved.
38-2-1120. Reserved.
38-2-1121. Reserved.
38-2-1122. Reserved.
38-2-1123. Reserved.
38-2-1124. Reserved.
38-2-1125. Reserved.
38-2-1126. Reserved.
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38-2-1127. Reserved.
38-2-1128. Reserved.
38-2-1129. Reserved.
38-2-1130. Reserved.
38-2-1131. Any person subject to this article is guilty of perjury and shall be punished as a courtmartial may direct who in a judicial proceeding or in a course of justice willfully and corruptly:
(1) Upon a lawful oath or in any form allowed by law to be substituted for an oath, gives any false testimony material to the issue or matter of inquiry; or (2) In any declaration, certificate, verification, or statement under penalty of perjury, subscribes any false statement material to the issue or matter of inquiry.
38-2-1132. Any person subject to this article shall, upon conviction, be punished as a court-martial may direct:
(1) Who, knowing it to be false or fraudulent: (A) Makes any claim against the United States, this state, or any officer thereof; or (B) Presents to any person in the civil or military service thereof, for approval or payment, any claim against the United States, this state, or any officer thereof;
(2) Who, for the purpose of obtaining the approval, allowance, or payment of any claim against the United States, this state, or any officer thereof:
(A) Makes or uses any writing or other paper or electronic submission knowing it to contain any false or fraudulent statements; (B) Makes any oath, affirmation, or certification to any fact or to any writing or other paper or electronic submission knowing the oath, affirmation, or certification to be false; or (C) Forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited; (3) Who, having charge, possession, custody, or control of any money or other property of the United States or this state, furnished or intended for the armed forces of the United States or the organized militia, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which the person receives a certificate or receipt; or
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(4) Who, being authorized to make or deliver any paper certifying the receipt of any property of the United States or this state, furnished or intended for the armed forces of the United States or the organized militia, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States or this state.
38-2-1133. Any commissioned officer, cadet, candidate, or midshipman who is convicted of conduct unbecoming an officer shall be punished as a court-martial may direct.
38-2-1134. Though not specifically mentioned in this article, all disorders and neglects to the prejudice of good order and discipline in the organized militia and all conduct of a nature to bring discredit upon the organized militia shall be taken cognizance of by a court-martial and punished at the discretion of a military court. However, where a crime constitutes an offense that violates both this article and the criminal laws of the state where the offense occurs or criminal laws of the United States, jurisdiction of the military court shall be determined in accordance with subsection (b) of Code Section 38-2-1002.
Part 11
38-2-1135. (a) Courts of inquiry to investigate any matter of concern to the organized militia may be convened by any person authorized to convene a general court-martial, whether or not the persons involved have requested such an inquiry. (b) A court of inquiry shall consist of three or more commissioned officers. For each court of inquiry, the convening authority shall also appoint counsel for the court. (c) Any person subject to this article whose conduct is subject to inquiry shall be designated as a party. Any person subject to this article who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence. (d) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court. (e) The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties. (f) Witnesses may be summoned to appear and testify and be examined before courts of inquiry as provided for courts-martial. (g) Courts of inquiry shall make findings of fact but shall not express opinions or make recommendations unless required to do so by the convening authority.
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(h) Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.
38-2-1136. (a) The following persons shall have the power to administer oaths for the purposes of military administration, including military justice:
(1) All judge advocates; (2) All summary courts-martial; (3) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants; (4) All commanding officers of the naval militia; and (5) All other persons designated by regulations of the armed forces of the United States or by law. (b) The following persons shall have the power to administer oaths necessary in the performance of their duties: (1) The president, military judge, and trial counsel for all general and special courtsmartial; (2) The president and the counsel for the court of any court of inquiry; (3) All officers designated to take a deposition; (4) All persons detailed to conduct an investigation; (5) All recruiting officers; and (6) All other persons designated by regulations of the armed forces of the United States or by law. (c) The signature without seal of any such person provided for by subsections (a) and (b) of this Code section, together with the title of his or her office, is prima facie evidence of the person's authority.
38-2-1136.1. (a) Military judges may appoint and, at any time, remove one or more marshals who shall execute any process, mandate, or order issued by the judge and shall perform all acts and duties by this chapter imposed on or authorized to be performed by any sheriff as defined in Code Section 15-16-10. (b) All such marshals shall be deemed peace officers and for the purposes of this article shall have all the powers and immunities of peace officers.
38-2-1137. (a)(1) The Code sections specified in paragraph (3) of this subsection shall be carefully explained to each enlisted member at the time of, or within 90 days after, the member's initial entrance into a duty status with the organized militia.
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(2) Such articles as provided for by paragraph (1) of this subsection shall be explained again:
(A) After the member has completed basic or recruit training; and (B) At the time when the member reenlists. (3) This subsection shall apply with respect to this Code section and Code Sections 38-2-1002 through 38-2-1005, 38-2-1007 through 38-2-1014, 38-2-1015, 38-2-1025, 38-2-1027, 38-2-1031, 38-2-1037, 38-2-1038, 38-2-1055, 38-2-1077 through 38-21134, 38-2-1138, and 38-2-1139. (b) The text of this article and of the regulations prescribed hereunder shall be made available to a member of the organized militia, upon request by the member, for the member's personal examination. (c) Failure to provide the explanations of this article as provided for by this Code section shall not be a defense to a court-martial proceeding, the administration of nonjudicial punishment, or any other action.
38-2-1138. Any member of the organized militia who believes himself or herself wronged by a commanding officer and who, upon due application to that commanding officer, is refused redress may complain to the assistant adjutant general for army, the assistant adjutant general for air, or the brigadier general in charge of the State Defense Force, as applicable, who shall forward the complaint to the senior force commander over the officer against whom such complaint is made. The senior force commander shall examine into the complaint and take proper measures for redressing the wrong complained of and shall, as soon as possible, send to the adjutant general a true statement of such complaint with the proceedings had thereon. Any complaint against a senior force commander shall be made to the adjutant general who shall examine into the complaint and take proper measures for redressing the wrong complained of.
38-2-1138.1. (a) The adjutant general, assistant adjutant general for army, or assistant adjutant general for air may issue to any member under his or her authority a state administrative letter of reprimand. (b) A state administrative letter of reprimand shall not be filed in the member's federal personnel records unless it meets the requirements for filing under the applicable regulations or instructions of the affected member. (c) A state administrative letter of reprimand shall be included for consideration when determining future assignments within the state for the affected member. (d) The member against whom a state administrative letter of reprimand is issued shall have the same rights to review evidence and present a rebuttal as he or she would have if the state administrative letter of reprimand were to be filed in his or her federal personnel file.
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38-2-1139. (a) Whenever a complaint is made to any commanding officer that willful damage has been done to the property of any person or that the person's property has been wrongfully taken by members of the organized militia, such commanding officer may, under such regulations prescribed pursuant to Part 1 of Article 2 of this chapter, convene a board to investigate the complaint. The board shall consist of from one to three commissioned officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board shall be subject to the approval of the commanding officer and, in the amount approved by such commanding officer, shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized shall be conclusive on any disbursing officer for payment to the injured parties of the damages so assessed and approved. (b) If the offenders cannot be ascertained but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be made in such proportion as may be considered just upon the individual members thereof who are shown to have been present at the scene at the time the damages complained of were inflicted, as determined by the approved findings of the board.
38-2-1140. Except as provided in Code Section 38-2-1022, the Governor may delegate any authority vested in the Governor under this article and provide for the sub delegation of any such authority.
38-2-1141. The fees and authorized travel expenses of all witnesses, experts, victims, court reporters, and interpreters, fees for the service of process, the costs of collection, apprehension, detention, and confinement, and all other necessary expenses of prosecution and the administration of military justice, not otherwise payable by any other source, shall be paid out of the military fund as described in Code Section 38-2170.
38-2-1142. (a) Fines collected as a result of being found in contempt shall be collected in the following manner:
(1) By cash or money order; (2) By retention of any pay or allowances due or to become due to the person fined from another state or the United States; or (3) By garnishment or levy, together with costs, on the wages, goods, and chattels of a person delinquent in paying a fine, as provided by law.
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(b) Any sum so received or retained shall be deposited in the military justice fund as provided in Code Section 38-2-170.
38-2-1143. This article shall be so construed as to effectuate its general purpose to make it uniform, so far as practical, with the Uniform Code of Military Justice, Chapter 47 of Title 10 of the United States Code.
38-2-1144. All persons acting under the provisions of this article, whether as a member of the military or as a civilian, shall be immune from any personal liability for any of the acts or omissions which they did or failed to do as part of their duties under this article.
38-2-1145. The provisions of this article are hereby declared to be severable, and if any provision of this article or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this article."
SECTION 4.
This Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2015, shall be governed by the statutes in effect at the time of such offense. The enactment of this Act shall not affect any prosecutions for acts occurring before July 1, 2015, and shall not act as an abatement of any such prosecutions.
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 E Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish
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
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Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum E Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Houston Y Howard Y Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 225. By Representatives Powell of the 32nd, Dunahoo of the 30th, Carson of the 46th, Rutledge of the 109th, Hitchens of the 161st and others:
A BILL to be entitled an Act to amend Titles 36 and 40 of the Official Code of Georgia Annotated, relating to local government and motor vehicles and traffic, respectively, so as to provide for definitions; to require all for-hire drivers to obtain a for-hire license endorsement before driving for hire; to require that all for-hire drivers have certain insurance; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL TO BE ENTITLED AN ACT
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To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding provisions applicable to counties and municipal corporations, so as to preserve existing certificates of public necessity and convenience and medallion systems for taxicabs and to restrict the future use thereof; to provide that operators of taxicabs have for-hire license endorsements; to prohibit the staging of certain vehicles; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for the comprehensive regulation of transportation referral services, transportation referral service providers, ride share network services, and ride share drivers; to provide for definitions; to provide for legislative intent; to provide for registration and licensing of such providers; to provide for certain disclosures; to prohibit certain practices and to provide penalties for violations; to prohibit the waiver of rights by passengers under certain conditions; to provide for billing methods; to provide for master license fees for for-hire vehicles in lieu of sales and use taxes on fares; to provide for forhire license endorsements; to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide an exemption; 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. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding provisions applicable to counties and municipal corporations, is amended by revising subsection (a) of Code Section 36-60-25, relating to certificates of public necessity and convenience and medallions for taxicabs, and by adding new subsections to read as follows:
"(a) Each county and municipal corporation may require the owner or operator of a taxicab or vehicle for hire to obtain a certificate of public necessity and convenience or medallion in order to operate such taxicab or vehicle for hire within the unincorporated areas of the county or within the corporate limits of the municipal corporation, respectively, and may exercise its authority under Code Section 48-13-9 to require such owners or operators to pay a regulatory fee to the county or municipal corporation. The General Assembly finds and declares that any county or municipality exercising the powers granted in this Code section is legitimately concerned with the qualifications and records of drivers of taxicabs and other vehicles for hire; with the location, accessibility, and insured state of companies operating taxicabs and other vehicles for hire; and with the safety and comfort of taxicabs and other vehicles for hire. Without limitation, each such county or municipality may exercise the powers granted in this Code section by ordinance to the same extent as the ordinances reviewed by the Georgia Court of Appeals in the case of Hadley v. City of Atlanta, 232 Ga. App. 871, 875 (1998), and each certificate of public convenience and necessity issued under those ordinances shall remain in full force and effect."
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"(c) Counties and municipalities which have adopted and have valid ordinances as of July 1, 2014, requiring taxicabs to have certificates of public necessity and convenience or medallions to operate within each such county or municipality may continue to require such certificates or medallions. Except as otherwise provided in this subsection, no county or municipality shall enact, adopt, or enforce any ordinance or regulation which requires taxicabs to have certificates of public necessity and convenience or medallions to operate within such county or municipality. (d) No person shall operate a taxicab for the purpose of carrying or transporting passengers for hire unless such person has a for-hire license endorsement or private background check certification pursuant to Code Section 40-5-39. Counties and municipalities shall not impose further licensing requirements or background checks on such persons to operate taxicabs in their jurisdictions. (e) As used in this subsection, the term 'stage' means to stop, park, or otherwise place a vehicle for hire, other than a taxicab, in the loading or curbside area of any business when such vehicle is not engaged in a prearranged round-trip or prearranged one-way fare. It shall be illegal to stage limousine carriers, as defined in paragraph (5) of Code Section 40-1-151, or ride share drivers, as defined in paragraph (2) of Code Section 401-190. A person who violates this subsection shall be guilty of a misdemeanor."
SECTION 2. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by revising Code Section 40-1-158, relating to limousine chauffeur authorization and license endorsement, as follows:
"40-1-158. Pursuant to rules and regulations prescribed by the commissioner of driver services, each chauffeur employed by a limousine carrier shall secure from the Department of Driver Services a limousine chauffeur authorization and for-hire license endorsement or private background check certification pursuant to Code Section 40-5-39."
SECTION 3. Said title is further amended by adding a new part to Article 3 of Chapter 1, relating to motor carriers, to read as follows:
"Part 4
40-1-190. As used in this part, the term:
(1) 'Limousine carrier' means any limousine company or provider which is licensed with the state pursuant to paragraph (5) of Code Section 40-1-151. (2) 'Metering device' means an instrument or device which is utilized for the purpose of calculating for-hire fares based upon distance, time, mileage, and administrative fees and which is not a taximeter.
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(3) 'Ride share driver' means an individual who uses his or her personal passenger car, as defined in paragraph (41) of Code Section 40-1-1, to provide transportation for passengers arranged through a ride share network service. (4) 'Ride share network service' means any person or entity that uses a digital network or Internet network to connect passengers to ride share drivers for the purpose of prearranged transportation for hire or for donation. (5) 'Taxi service' means any taxicab company or provider which utilizes a motor vehicle or similar vehicle, device, machine, or conveyance to transport passengers; uses a taximeter; and is authorized to provide taxicab services pursuant to an ordinance of a local government in this state. (6) 'Taximeter' means an instrument or device approved by the applicable local government which is utilized by a taxi service for the purpose of calculating fares based upon distance, time, and mileage. (7) 'Transportation referral service' means any person or entity that books, refers clients to, collects money for, or advertises transportation services provided by a limousine carrier or taxi service by means of a telephone, through cellular telephone software, through the Internet, in person, by written instrument, by any person, or by any other means, and does not own or lease any motor vehicle required to be registered with the Department of Public Safety as a limousine carrier or a taxi service. A transportation referral service shall not include emergency or nonemergency medical transports. (8) 'Transportation referral service provider' means any person or entity that books, refers clients to, collects money for, or advertises transportation services provided by a limousine carrier or taxi service by means of a telephone, through cellular telephone software, through the Internet, in person, by written instrument, by any person, or by any other means and owns or leases one or more motor vehicles required to be registered with the Department of Public Safety as a limousine carrier or a local government in this state as a taxi service. A transportation referral service provider shall not include emergency or nonemergency medical transports.
40-1-191. The General Assembly finds that it is in the public interest to provide uniform administration and parity among ride share network services, transportation referral services, and transportation referral service providers, including taxi services, that operate in this state for the safety and protection of the public. The General Assembly fully occupies and preempts the entire field of administration and regulation over ride share network services, transportation referral services, transportation referral service providers, and taxi services as governed by this part; provided, however, that the governing authority of any county or municipal airport shall be authorized to regulate any ride share network service, transportation referral service, transportation referral service provider, and taxi service consistent with the process used for limousine carriers, as set forth in Code Section 40-1-162, who are doing business at any such airport and may establish fees as part of such regulation process; provided, further, that
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such fees shall not exceed the airport's approximate cost of permitting and regulating ride share network services, transportation referral services, transportation referral service providers, and taxi services; and provided, further, that such governing authorities of such airports shall accept a for-hire license endorsement or private background check certification pursuant to Code Section 40-5-39 as adequate evidence of sufficient criminal background investigations and shall not require any fee for any further criminal background investigation; and provided, further, that local governments may maintain certificates of public necessity and convenience and medallion requirements and company requirements for taxi services as provided in this part and may establish maximum fares for taxi services. The list of ride share network services, transportation referral services, transportation referral service providers, and taxi services on the website of the department shall be sufficient evidence that such services have licenses issued by the department.
40-1-192. (a) A transportation referral service or transportation referral service provider that only refers business to limousine carriers and taxi services that are licensed or registered as transportation referral service providers shall be exempt from registration under this Code section. (b) Each transportation referral service provider doing business, operating, or providing transportation services in this state shall register with the department. Upon receipt of registration by the department, the department shall issue a license to such transportation referral service provider which shall be renewed on an annual basis. The department may charge a fee for such license and registration not to exceed $100.00. Limousine carriers, as a part of the licensure and permitting process for limousine carriers, shall be registered and licensed as a transportation referral service provider under this part. A transportation referral service provider that receives referrals from a transportation referral service or a transportation referral service provider shall be required to disclose to the department that it is receiving referrals from such transportation referral service or transportation referral service provider; provided, however, that the limousine carrier or taxi service shall be required to comply with the requirements of this part. (c) Each transportation referral service provider doing business, operating, or providing transportation services in this state shall file and keep current monthly with the department a list of all limousine carriers and taxi services which it utilizes to provide transportation services in this state. Such lists shall not be subject to inspection or disclosure under Article 4 of Chapter 18 of Title 50. (d) Each transportation referral service provider doing business, operating, or providing transportation services in this state shall:
(1) Either obtain directly or determine that each taxi service to which it refers business possesses either a certificate of public necessity and convenience or medallion authorizing the provision of taxicab services in such local government if
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the certificate of public necessity and convenience or medallion is required by an ordinance of the local government where such taxi service is to be provided; (2) Either obtain directly or determine that each taxi service to which it refers business is registered with the department and possesses and maintains a permit authorizing the provision of taxicab services in such local government if a company permit is required by an ordinance of the local government where such taxi service is to be provided; (3) Either obtain directly or determine that each limousine carrier to which it refers business is properly and currently registered and licensed pursuant to Part 3 of this article; (4) Take all necessary steps to determine that:
(A) Any driver either directly employed by or contracted with a limousine carrier which the limousine carrier contracts with or utilizes for the provision of transportation services in this state possesses and maintains any required permits or licenses required by the federal government or this state; and (B) Any driver either directly employed by or contracted with a taxi service which the taxi service contracts with or utilizes for the provision of transportation services in this state possesses and maintains any required permits or licenses required by the federal government or the local government where the transportation services are to be provided; (5) Ensure that each driver utilized by such transportation referral service provider, whether such driver is employed directly by the transportation referral service provider or by a limousine carrier or taxi service which the transportation referral service provider contracts with or utilizes for the provision of transportation services in this state, has a current for-hire license endorsement or current private background check certification pursuant to Code Section 40-5-39; (6) Have a zero tolerance policy with regard to the use of drugs or alcohol while on duty in place for drivers utilized by such limousine carrier or taxi service in the provision of transportation services, whether such driver is employed directly by the transportation referral service provider or by a limousine carrier or taxi service which the transportation referral service provider contracts with or utilizes for the provision of transportation services in this state; (7) Shall ensure that each limousine carrier with which such transportation referral service provider contracts or utilizes for the provision of transportation services in this state has the commercial indemnity and liability insurance required by Code Section 40-1-166 or each taxi service with which such transportation referral service provider contracts or utilizes for the provision of transportation services in this state has the minimum amount of commercial liability insurance prescribed by the local government where such taxi service is provided or by state law, whichever is greater; (8) Have, as to taxi services, complied with or ensured that any taxi service which it contracts with or utilizes for the provision of transportation services complies with any fare structure or regulation prescribed by ordinance of the local government where such taxi service is to be provided; provided, however, that any fares specified
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in local ordinances shall be the maximum fare which may be charged but shall not prohibit a taxi service from charging lower fares; (9) Have complied with or determined that the limousine carrier or taxi service with which the provider contracts with or utilizes for the provision of transportation services in this state is in compliance with any and all other applicable requirements prescribed by the laws of the state, the rules and regulations of the department, and the ordinances of local governments where such transportation services are provided; and (10) Comply with the provisions of Code Section 40-8-7. No additional vehicle inspections shall be required for taxi services or limousine carriers. (e) Failure to register according to the provisions of this Code section shall be a misdemeanor.
40-1-193. (a) Each ride share network service doing business or operating in this state shall register with the department. Upon receipt of registration by the department, the department shall issue a license to such ride share network service which shall be renewed on an annual basis. The department may charge a fee for such license and registration not to exceed $100.00. (b) Each ride share network service doing business or operating in this state shall maintain a current list of all ride share drivers who are enrolled in its network in this state. Such lists shall not be subject to inspection or disclosure under Article 4 of Chapter 18 of Title 50 but shall be made available for inspection by law enforcement officers and representatives of other government agencies upon request to ascertain compliance with law. (c) Each ride share network service doing business or operating in this state shall:
(1) Take all necessary steps to determine that each driver contracted with such ride share network service possesses and maintains any required permits or licenses required by the federal government or this state; (2) Ensure that each driver utilized by such ride share network service, whether such driver is employed directly by the ride share network service or operates as an independent contractor, has a current for-hire license endorsement or current private background check certification pursuant to Code Section 40-5-39; (3) Have a zero tolerance policy with regard to the use of drugs or alcohol while on duty in place for drivers contracted with such ride share network service; (4) Have for each ride share driver contracted with such ride share network service in this state insurance coverage in effect with respect to personal injury liability, property damage liability, and personal injury protection liability benefits available to drivers, passengers, pedestrians, and others in the same coverages as required by law; and (5) Comply with the provisions of Code Section 40-8-7. No vehicle inspections shall be required for vehicles used by ride share drivers.
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(d) Each ride share driver utilized by such ride share network service, whether such driver is employed directly by the ride share network service or operates as an independent contractor, shall maintain on his or her smartphone digital identification containing the following information while active on the ride share network service's digital network:
(1) The name and photograph of the driver; (2) The make and model of the motor vehicle being driven; (3) The license plate number of the motor vehicle being driven; (4) Certificates of insurance for the motor vehicle being driven; and (5) Such other information as may be required by the Department of Public Safety. Upon reasonable suspicion of a law enforcement officer of improper operation by a ride share driver, the ride share driver, upon request, shall provide the law enforcement officer with access to the smartphone containing the digital information required by this subsection and the electronic record of the trips sufficient to establish that the trip in question was prearranged through digital dispatch of the ride share network service. The ride share driver shall not be required to relinquish custody of the smartphone containing the digital information required by this subsection and the electronic record of the trips arranged through digital dispatch of the ride share network service. (e) A violation of the provisions of this Code section shall constitute a misdemeanor.
40-1-194. (a)(1)(A) No transportation referral service or transportation referral service provider subject to this part shall contract with, utilize, or refer individuals or entities to limousine carriers that are not properly licensed by this state or are not properly insured under state law. (B) No ride share network service subject to this part shall contract with, utilize, or refer individuals or entities to ride share drivers who are not properly licensed by this state or are not properly insured under state law.
(2) No transportation referral service or transportation referral service provider subject to this part shall contract with, utilize, or refer individuals or entities to taxi services that are not registered with the department and properly licensed by the applicable political subdivision of this state, are not properly insured under local law, or use drivers that are not properly licensed under state and local law to carry passengers for hire.
(b)(1)(A) No person who is not licensed under the laws of this state to provide limousine services shall contract with or accept referrals from a transportation referral service, transportation referral service provider, or ride share network service for transportation services. This paragraph shall not apply to passengers. (B) No ride share driver who does not have an appropriate driver's license and either a for-hire endorsement or current private background check certification pursuant to Code Section 40-5-39 shall contract with or accept referrals from a transportation referral service, transportation referral service provider, or ride share network service for transportation services.
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(2) No person who does not have the licensing required by the appropriate local government of this state to provide taxi services shall contract with or accept referrals from a transportation referral service or transportation referral service provider for transportation services. This paragraph shall not apply to passengers. (c)(1) A transportation referral service that violates subsection (a) of this Code section shall be guilty of a misdemeanor. (2) A transportation referral service provider or ride share network service that violates subsection (a) of this Code section shall be guilty of a misdemeanor and additionally shall be subject to having such provider's or service's registration suspended or revoked by the department. (d) A person who violates subsection (b) of this Code section shall be guilty of a misdemeanor and additionally shall be subject to a suspension for one year or revocation of such person's driver's license.
40-1-195. (a) Each taxi service, transportation referral service, transportation referral service provider, and ride share network service doing business, operating, or providing transportation services in this state shall include its license number issued by the department in any advertising in this state; provided, however, that this Code section shall not apply to Internet advertisements. Limousine carriers which register as transportation referral service providers under this part shall be subject to the advertising requirements of this Code Section and not the provisions of Code Section 40-1-165. Failure to provide such license number shall result in the imposition of a civil penalty not to exceed $5,000.00 for each violation. (b) Each ride share driver shall display a consistent and distinctive signage or emblem that is approved by the Department of Public Safety on such ride share driver's vehicle at all times while the ride share driver is active on the ride share network service's digital network. The signage or emblem shall be:
(1) Sufficiently large and color contrasted to be readable during daylight hours from a distance of at least 50 feet; (2) Reflective, illuminated, or otherwise visible in darkness; and (3) Sufficient to identify a vehicle as being associated with the ride share network service with which the ride share driver is affiliated. Any person who violates this subsection shall be guilty of a misdemeanor.
40-1-196. (a) Rates for taxi services set by a local government shall constitute the maximum fare which may be charged but shall not prohibit a taxi service from charging lower fares. Transportation services provided by taxi services and arranged by a transportation referral service or transportation referral service provider doing business in this state shall be billed in accordance with the fare rates prescribed by the local government where such taxi services are to be provided. The use of Internet or cellular telephone software to calculate rates shall not be permitted unless such software complies with
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and conforms to the weights and measures standards of the local government that licenses such taxi service. (b) Transportation services provided by limousine carriers and arranged by a transportation referral service or transportation referral service provider shall only be billed in accordance with the rates of such limousine carriers on an hourly basis or upon one or more of the following factors: distance, flat fee, base fee, waiting time, cancellation fee, stop fee, event pricing, demand pricing, or time. The charge for such transportation services shall not be calculated solely by the use of a metering device in or affixed to the motor vehicle. (c) A ride share driver contracted with a ride share network service may offer transportation services at no charge, suggest a donation, or charge a fare. If a ride share driver contracted with a ride share network service charges a fare, such fare shall be calculated based upon one or more of the following factors: distance, flat fee, base fee, waiting time, cancellation fee, stop fee, event pricing, demand pricing, or time. The fare shall not be calculated solely by the use of a metering device in or affixed to the motor vehicle. (d) Each transportation referral service, transportation referral service provider, and ride share network service shall make available to the person being transported prior to receiving transportation services either the amount of the charge for such services or the rates under which the charge will be determined. (e) A violation of this Code section shall be a misdemeanor.
40-1-197. The department is authorized to promulgate such rules and regulations as the department shall find necessary to implement the provisions of this part.
40-1-198. (a) Each transportation referral service provider shall maintain a current list of all drivers that such provider employs directly or as independent contractors in this state. Such lists shall not be subject to inspection or disclosure under Article 4 of Chapter 18 of Title 50 but shall be made available for inspection by law enforcement officers and representatives of other government agencies upon request to ascertain compliance with law. (b) A violation of this Code section shall be punished by the imposition of a civil penalty not to exceed $5,000.00 for each violation.
40-1-199. A waiver of any rights with regard to personal injuries as the result of any transportation services provided by such ride share network service, transportation referral service, transportation referral service provider, limousine carrier, or taxi service by any person utilizing the services of a ride share network service, transportation referral service, transportation referral service provider, limousine carrier, or taxi service in this state shall not be valid unless such person is given written
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or electronic notice of such waiver prior to receiving such services and knowingly and willfully agrees to such waiver.
40-1-200. This part shall not be applicable to equine drawn vehicles or nonmotorized vehicles."
SECTION 4. Said title is further amended by revising Code Section 40-2-168, relating to registration and licensing of taxicabs and limousines, as follows:
"40-2-168. (a) Owners of a taxicab or limousine, prior to commencing operation in this state, shall, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, and the payment of an annual registration fee of $25.00, be issued a distinctive license plate by the commissioner. Such distinctive license plate shall be designed by the commissioner and displayed on the vehicle as provided in Code Section 40-2-41. The certificate of registration shall be kept in the vehicle. Revalidation decals shall be issued, upon payment of fees required by law, in the same manner as provided for general issue license plates. Such license plates shall be transferred from one vehicle to another vehicle of the same class and acquired by the same person as provided in Code Section 40-2-42. The transition period shall commence on May 20, 2010, and conclude no later than December 31, 2010, for all existing registrations. For all existing registrations, except during the owner's registration period as provided in Code Section 40-2-21, the commissioner shall exchange and replace any current and valid registration and license plate at no charge to the owner. Such license plates shall not be issued to any owner of a taxicab or limousine, as such term is defined in paragraph (4) of Code Section 40-1-151, that is not properly licensed as such by the Department of Public Safety or a political subdivision of this state.
(b)(1) As used in this subsection, the term 'for-hire vehicle' means a motor vehicle used in this state by a limousine carrier, ride share network, ride share network driver, or taxi service, as such terms are defined in Code Section 40-1-190, for the purpose of transporting passengers for compensation or donation. (2) On and after July 1, 2016, an owner of each for-hire vehicle, prior to commencing operations in this state and annually thereafter, shall either obtain a for-hire vehicle master license from the department or shall elect to continue to pay sales and use taxes pursuant to Chapter 8 of Title 48 on all fares collected by such owner. If the owner elects to purchase a master license, the department shall issue a decal or certificate for each motor vehicle covered under such master license, and the owner shall display such decal on such vehicle at all times in the manner prescribed by the department by rule or regulation or shall maintain a copy of the certificate in the covered vehicle or electronically on the driver's smartphone which certificate shall be displayed to law enforcement personnel or agents of the department upon request. With regard to ride share drivers who are employed directly by a ride share network
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service or who operate as independent contractors for a ride share network service, the ride share network service shall be responsible for either obtaining a master license for all of its affiliated ride share drivers or for paying the sales and use tax on such fares pursuant to Chapter 8 of Title 48 on all fares collected. The obtaining of a master license shall not operate to relieve the owner of a for-hire vehicle from sales and use taxes on fares which were previously incurred. (3) The owner of each for-hire vehicle in operation in this state on July 1, 2016, who chooses to obtain a for-hire master license in lieu of paying sales and use taxes on fares shall obtain a for-hire master license from the department prior to such date and shall obtain a decal or certificate for each motor vehicle covered under such master license, and the owner shall either display such decal on such vehicle at all times in the manner prescribed by the department by rule or regulation or shall maintain a copy of the certificate in the covered vehicle or electronically on the driver's smartphone which certificate shall be displayed to law enforcement personnel or agents of the department upon request. (4) The annual fee for such master license shall be as follows:
(A) For 1 to 5 for-hire vehicles ......................................................... $1,500.00 (B) For 6 to 59 for-hire vehicles ....................................................... 12,050.00 (C) For 60 to 100 for-hire vehicles ................................................... 25,000.00 (D) For 101 to 150 for-hire vehicles ................................................. 40,000.00 (E) For 151 to 200 for-hire vehicles.................................................. 56,000.00 (F) For 201 to 250 for-hire vehicles .................................................. 75,000.00 (G) For 251 to 300 for-hire vehicles ................................................. 90,000.00 (H) For 301 to 350 for-hire vehicles ............................................... 105,000.00 (I) For 351 to 500 for-hire vehicles................................................. 150,000.00 (J) For 501 to 1,000 for-hire vehicles ............................................. 300,000.00 (K) For 1,001 and greater for-hire vehicles .................................... 300,000.00
plus $250,000.00 for each additional 1,000 vehicles or
fraction thereof. Decals or certificates shall be issued in connection with the master license at no charge by the department. The number of vehicles shall be determined by adding the number of for-hire vehicles utilized by the owner during each of the preceding months in the immediately preceding 12 month period and dividing such sum by 12. (5) Of this fee, 57 percent shall be retained by the state for deposit in the general fund of the state treasury and 43 percent shall be forwarded to the county tag agent to allocate and distribute to the county governing authority and to municipal governing authorities, the board of education of the county school system, and the board of education of any independent school system located in such county in the manner provided in this paragraph:
(A) An amount equal to one-third of such proceeds shall be distributed to the board of education of the county school system and the board of education of each independent school system located in such county in the same manner as required
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for any local sales and use tax for educational purposes levied pursuant to Part 2 of Article 3 of Chapter 8 of Title 48 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;
(B)(i) Except as otherwise provided in this subparagraph, 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 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 division (i) of this subparagraph and an amount equal to one-third of such proceeds shall be distributed to the board of education of the county school system; (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 system and the board of education of any independent school system in the same manner as required under such local constitutional amendment; and (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 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 (C)(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 currently in effect; provided, however, that this division shall not apply if division (iii) of subparagraph (B) of this paragraph 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 an intergovernmental agreement or as otherwise required under the county special purpose local option
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sales and use tax under Part 1 of Article 3 of Chapter 8 of Title 48 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 division (i) of subparagraph (B) of this paragraph; provided, however, that if a tax under Article 2 of Chapter 8 of Title 48 is not in effect, such amount shall be distributed in accordance with division (ii) of subparagraph (B) of this paragraph; (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; and (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 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. (6) On and after July 1, 2016, it shall be illegal for an owner of a for-hire vehicle who chooses to obtain a master license in lieu of paying sales and use taxes on fares and who is providing transportation services to fail to display a current tax decal or maintain a physical or electronic certificate in such vehicle as prescribed by this subsection and as may be required by the department by rule or regulation. Any person who violates this paragraph shall be guilty of a misdemeanor of a high and aggravated nature and additionally shall be subject to a civil fine of not more than $5,000.00 per violation."
SECTION 5. Said title is further amended by revising paragraphs (9) and (11) of Code Section 40-5-1, relating to definitions, and adding new paragraphs to read as follows:
"(9) Reserved 'For hire' means to operate a motor vehicle in this state for the purpose of transporting passengers for compensation or donation as a limousine carrier, ride share network or driver, or taxi service as such terms are defined in Code Section 401-190. (9.1) 'For-hire license endorsement' means an endorsement to a driver's license pursuant to Code Section 40-5-39 that authorizes the holder of the license to operate a motor vehicle for the purpose of transporting passengers in this state for compensation or donation as a limousine carrier, ride share network or driver, or taxi service as such terms are defined in Code Section 40-1-190."
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"(11) Reserved 'Limousine carrier' means any limousine company or provider which is licensed with this state pursuant to paragraph (5) of Code Section 40-1-151." "(16.01) 'Ride share driver' means an individual who uses his or her personal passenger car, as defined in paragraph (41) of Code Section 40-1-1, to provide transportation for passengers arranged through a ride share network service. (16.02) 'Ride share network service' means any person or entity that uses a digital network or Internet network to connect passengers to ride share drivers for the purpose of prearranged transportation for hire or for donation." "(18) 'Taxi service' means any taxicab company or provider which utilizes a motor vehicle or similar vehicle, device, machine, or conveyance to transport passengers; uses a taximeter; and is registered with the Department of Public Safety and, if applicable, is authorized to provide taxicab services pursuant to an ordinance of a local government in this state."
SECTION 6. Said title is further amended by revising Code Section 40-5-39, relating to endorsement on license of limousine chauffeur, requirements, and term, as follows:
"40-5-39. (a) No person shall operate a motor vehicle for hire in this state unless such person:
(1) Has a for-hire license endorsement pursuant to this Code section and has liability insurance coverage in the amounts required by law for the class of motor vehicle being operated for hire and the requirements for limousine carriers, ride share networks and drivers, and taxi services, as applicable; or (2) Has a private background check certification pursuant to this Code section and has liability insurance coverage in the amounts required by law for the class of motor vehicle being operated for hire and the requirements for limousine carriers, ride share networks and drivers, and taxi services, as applicable. This shall include, but not be limited to, ride share drivers and persons operating motor vehicles for limousine carriers and taxicabs for taxi services. (a)(b) The department shall endorse the driver's license of any approved limousine chauffeur employed by a limousine carrier provide a for-hire license endorsement for any qualified person under this Code section. In order to be eligible for such endorsement, an applicant shall: (1) Be at least 18 years of age; (2) Possess a valid Georgia driver's license which is not limited as defined in Code Section 40-5-64; (3) Not have been convicted, been on probation or parole, or served time on a sentence for a period of ten seven years previous to the date of application for any felony or any other crime of moral turpitude or a pattern of misdemeanors that evidences a disregard for the law unless he or she has received a pardon and can produce evidence of same. For the purposes of this paragraph, a plea of nolo contendere shall be considered to be a conviction, and a conviction for which a person has been free from custody and free from supervision for at least ten seven years shall
WEDNESDAY, MARCH 11, 2015
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not be considered a conviction unless the conviction is for a dangerous sexual offense which is contained in Code Section 42-1-12 or the criminal offense was committed against a victim who was a minor at the time of the offense; (4) Submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified; and (5) Be a United States citizen, or if not a citizen, present federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law; and (6) Provide proof of liability insurance coverage in such amounts as provided by law for the class of motor vehicle being operated for hire and the requirements for limousine carriers, ride share networks and drivers, and taxi services, as applicable. (b)(c) Such endorsement shall be valid for the same term as such person's driver's license, provided that each person seeking renewal of a driver's license with such endorsement shall submit to a review of his or her criminal history for verification of his or her continued eligibility for such endorsement prior to making application for such renewal using the same process set forth in subsection (a) (b) of this Code section. If such person no longer satisfies the background requirements set forth herein, he or she shall not be eligible for the inclusion of such endorsement on his or her driver's license, and it shall be renewed without the endorsement. (c)(d) Every chauffeur employed by a limousine carrier person who operates a motor vehicle for hire in this state shall have his or her Georgia driver's license with the prescribed for-hire license endorsement in his or her possession at all times while operating a motor vehicle of a limousine carrier for hire in this state or shall have his or her Georgia driver's license and a private background check certification pursuant to subsection (e) of this Code section in his or her possession. Such driver's license with a for-hire endorsement or such driver's license and private background check certification shall be presented to a law enforcement officer upon request by such officer. (e)(1) A person operating a motor vehicle for hire in this state may obtain a private background check in lieu of obtaining a for-hire endorsement. Such background check shall be conducted by the taxi service, limousine carrier, or ride share network service that employs such driver. (2) The taxi service, limousine carrier, or ride share network service shall require such person to submit an application to the taxi service, limousine carrier, or ride share network service which includes, but is not limited to, information regarding such person's address, age, driver's license information and number, driving history,
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motor vehicle registration, automobile liability insurance, and other information necessary to complete a background check on such person. (3) The taxi service, limousine carrier, or ride share network service shall conduct or cause to be conducted a local and national criminal background check on such person which shall include:
(A) A search of a multistate, multijurisdiction criminal records locator or similar nation-wide data base with validation or primary source search; (B) A search of the national sex offender registry data base; and (C) The obtaining and review of a driving history research report. (4) The taxi service, limousine carrier, or ride share network service shall review the background check and issue a private background check certification to such person; provided, however, that no such certification shall be issued to a person whose background check discloses that such person: (A) Has had more than three moving violations in the prior three-year period or has one major traffic violation, as such term is defined in Code Section 40-5-142, in the prior three-year period; (B) Has been convicted within the past seven years of driving under the influence of drugs or alcohol or has been convicted at any time of fraud, a sexual offense, the use of a motor vehicle to commit a felony, a crime involving property damage, a crime involving theft, a crime involving an act of violence, or a crime involving an act of terror; (C) Has a match on the national sex offender registry data base; (D) Does not have a valid driver's license; (E) If such person will be using such person's vehicle as the motor vehicle to be operated for hire, does not possess proof of registration for such vehicle; (F) Does not possess proof of liability insurance coverage in such amounts as provided by law for the class of motor vehicle being operated for hire and the requirements for limousine carriers, ride share networks and drivers, and taxi services, as applicable; and (G) Is not at least 18 years of age. (5) Such private background check certification shall be issued in written form or in a form which may be displayed electronically on a smartphone. Such private background check certification shall be valid for a period of five years from the date of its issuance. (d)(f) The department is authorized to promulgate rules and regulations as necessary to implement this Code section. (g) Any person who violates the provisions of this Code section shall be guilty of a misdemeanor."
SECTION 7. 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 (25), which was previously reserved, as follows:
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"(25) Reserved Fares of for-hire vehicles for which the owners of such vehicles have chosen to purchase a for-hire master license in lieu of paying sales and use taxes on fares pursuant to the provisions of subsection (b) of Code Section 40-2-168. This provision shall not relieve taxi services, limousine carriers, transportation referral services, transportation referral service providers, or ride share service networks of sales and use tax liability on fares incurred prior to the purchase of such for-hire master license;".
SECTION 8. Sections 2, 3, 5, and 6 of this Act shall become effective on July 1, 2015. Sections 4 and 7 shall be come effective on July 1, 2016. The remaining sections of this Act shall become effective upon the approval of this Act by the Governor or upon this Act becoming law without such approval.
SECTION 9. 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 et al. offer the following amendment:
Amend the House Committee on Regulated Industries substitute to HB 225 (LC 36 2752S) by inserting after "business" on line 52 "for the purpose of soliciting a fare".
By striking "law" on lines 219 and 344 and inserting in lieu thereof "this title".
By striking "coverages" on line 233 and inserting in lieu thereof "coverage amounts".
By striking "shall" on line 287 and inserting in lieu thereof "may".
By striking lines 322 and 323 and inserting in lieu thereof the following: pricing, demand pricing, or time. The charge for such transportation services may be calculated by the use of a metering device in or affixed to the motor vehicle.
By striking line 329 and inserting in lieu thereof the following: may be calculated by the use of a metering device in or affixed to the motor
By striking "$250,000.00" on line 420 and inserting in lieu thereof "$25,000.00" and by striking "1,000" on line 421 and inserting in lieu thereof "100".
By inserting after "smartphone." on line 631 the following: A digital identification properly issued pursuant to subsection (d) of Code Section 40-1193 shall constitute sufficient certification of a private background check.
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The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson E Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner
Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson N Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum E Efstration N Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye N Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson N Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser N Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal N Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice N Roberts N Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson N 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 160, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
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HB 457. By Representatives Hawkins of the 27th, Rogers of the 29th, Clark of the 98th, Dunahoo of the 30th, Coleman of the 97th and others:
A BILL to be entitled an Act to amend Part 7 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to watercraft held in inventory, so as to provide that watercraft held in inventory shall be exempt from ad valorem taxation; 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 Part 7 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to watercraft held in inventory, so as to provide that watercraft held in inventory shall be exempt from ad valorem taxation; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 7 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to watercraft held in inventory, is amended by revising Code Section 48-5504.40, relating to watercraft held in inventory for resale exempt from taxation for limited period of time, as follows:
"48-5-504.40. (a) As used in this Code section, the term:
(1) 'Dealer' means any person who is engaged in the business of selling watercraft at retail. (2) 'Watercraft' means any vehicle which is self-propelled or which is capable of selfpropelled water transportation, or both. (b) Watercraft which is owned by a dealer and held in inventory for sale or resale shall constitute a separate classification of tangible property for ad valorem taxation purposes. The procedures prescribed in this chapter for returning watercraft for ad valorem taxation, determining the application rates for taxation, and collecting the ad valorem taxes imposed on watercraft do not apply to watercraft which is owned by a dealer and held in inventory for sale or resale. For the period commencing January 1, 2009, and concluding December 31, 2013, such Such watercraft which is owned by a dealer and held in inventory for sale or resale shall not be returned for ad valorem taxation, and shall not be taxed, and no taxes shall be collected on such watercraft until
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it is transferred and then otherwise, if at all, becomes subject to taxation as provided in this chapter."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all tax years beginning on and after January 1, 2016.
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 E Atwood Y Ballinger Y Barr
Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner
Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard
Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge
Rynders Y Scott Y Setzler Y Sharper
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
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Y Coleman Y Cooke
Y Greene Y Hamilton
Y McCall Y McClain
Y Shaw Y Sims
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 428. 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 extend 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.
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 taxes, so as to extend 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.
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 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, 2013, until June 30, 2015, sales of tangible personal property used for and in the renovation or expansion of a zoological institution. (B) The sale or use of tangible personal property used for or in the renovation or expansion of a zoological institution to the extent provided in subparagraphs (B) and (C) of this paragraph. As used in this paragraph, the term 'zoological institution' means a nonprofit wildlife park, terrestrial institution, or facility which:
(i) Is open to the public, charges for admission, 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) 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.
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(B) This exemption shall apply from July 1, 2015, until January 1, 2017, and until the aggregate state sales and use tax refunded pursuant to this paragraph exceeds $350,000.00. A qualifying zoological institution shall pay sales and use tax on all purchases and uses of tangible personal property and may obtain the benefit of this exemption from state sales and use tax by filing a claim for refund of tax paid on qualifying items. All refunds made pursuant to this paragraph shall not include interest.
(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; (i) This exemption shall apply from July 1, 2015, until January 1, 2017. A qualifying zoological institution shall pay sales and use tax on all purchases and uses of tangible personal property and may obtain the benefit of this exemption from local sales and use tax by filing a claim for refund of tax paid on qualifying items. All refunds made pursuant to this paragraph shall not include interest. (ii) For purposes of this subparagraph, local sales and use tax shall be defined as any local sales and use tax levied or imposed at any time in any area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' or such taxes as authorized by or pursuant to Article 2, 2A, 3, 4, or 5 of this chapter. (D) Notwithstanding any provision of Code Section 48-8-63 to the contrary, purchases by a contractor may qualify for the exemption provided for in this paragraph. However, when a contractor purchases qualifying tangible personal property, the contractor shall pay the tax at the time of purchase or at the time of first use in this state; and the ultimate owner of the property may file a claim for refund of the tax paid on the qualifying property. (E) Items qualifying for exemption include all tangible personal property that will remain at the zoological institution after completion of construction and all tangible personal property that becomes incorporated into the real property structures of the zoological institution. This exemption excludes all items that remain tangible personal property in the possession of a contractor after the completion of construction;"
SECTION 2. This Act shall become effective on July 1, 2015.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger N Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick N Brockway
Brooks Y Bruce Y Bryant Y Buckner
Burns Y Caldwell, J Y Caldwell, M N Cantrell Y Carson Y Carter N Casas Y Chandler Y Cheokas N Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Coomer Y Cooper Y Corbett 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 N Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon N Gravley Y Greene Y Hamilton
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin N Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold
Powell, A Y Powell, J Y Prince Y Pruett N Quick N Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 N Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch Y Weldon N Werkheiser 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 147, nays 22.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 408. By Representatives Willard of the 51st, Raffensperger of the 50th, Geisinger of the 48th and Wilkinson of the 52nd:
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A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to an excise tax on rooms, lodging, and accommodations, so as to clarify the application of certain provisions to certain municipalities; to provide for conditions and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
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 Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner
Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea
Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell
Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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.
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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 #2 WEDNESDAY, MARCH 11, 2015
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 232 HB 338 HB 524
State Board of Hearing Aid Dealers and Dispensers; change certain provisions (Substitute)(RegI-Carter-175th) Courts; collection of a fee to defray costs associated with electronic citations; provisions (PS&HS-Lumsden-12th) Trade names; require registration with clerk of superior court; provisions (Judy-Fleming-121st)
Modified Structured Rule
HB 303
HB 313 HB 502 HB 527
Uninsured motorist coverage; recovery when an insurer refuses to pay for a loss within 60 days after a demand has been made by the insured and a finding has been made that such refusal was made in bad faith; change provisions (Substitute)(Judy-Hightower-68th) Public employees; limited paid leave for purpose of promoting education; authorize (Ed-Dickey-140th) Elementary and secondary education; update and clarify provisions and repeal obsolete provisions (Substitute)(Ed-Dudgeon-25th) Counties; provide budget for population of two hundred thousand or more; repeal Act (Substitute)(IGC-Willard-51st)
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Structured Rule
HB 238
HB 308 HR 394
Sales and use tax; tangible personal property used for or in renovation or expansion of an aquarium owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of Internal Revenue Code; provide exemption (Substitute)(W&M-Harbin-122nd) Income tax; revise tax credit for rehabilitation of historic structures; provisions (Substitute)(W&M-Stephens-164th) Sales and use tax; distribution of net proceeds for educational purposes between a county school system and one or more independent school systems; provide - CA (Substitute)(Ed-Nix-69th)
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 and Resolution of the House were taken up for consideration and read the third time:
HB 232. By Representatives Carter of the 175th, Maxwell of the 17th, Shaw of the 176th and Corbett of the 174th:
A BILL to be entitled an Act to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, relating to hearing aid dealers and dispensers, so as to change certain provisions relative to the creation of the State Board of Hearing Aid Dealers and Dispensers, composition, qualifications of members, terms of office, vacancies, and selection of officers; to change certain provisions relating to the issuance of licenses and fees; to change the number of hours of continuing education required for the renewal of a hearing aid specialist license; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, relating to hearing aid dealers and dispensers, so as change certain provisions relative to the creation
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of the State Board of Hearing Aid Dealers and Dispensers, composition, qualifications of members, terms of office, vacancies, and selection of officers; to change certain provisions relating to the issuance of licenses and fees; to change the number of hours of continuing education required for the renewal of a hearing aid specialist license; 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 20 of Title 43 of the Official Code of Georgia Annotated, relating to hearing aid dealers and dispensers, is amended by revising Code Section 43-20-4, relating to creation of board, composition, qualifications of members, terms of office, vacancies, and selection of officers, as follows:
"43-20-4. (a) There shall be established a the State Board of Hearing Aid Dealers and Dispensers, which shall administer and enforce this chapter. (b) Members of the board shall be residents of the state. The board shall consist of seven members,; four of whom shall hold dispenser's licenses issued by the board and each shall have no less than three years' experience as a hearing aid dispenser; in the practice of dispensing hearing aids, one of whom shall be a diplomate or eligible for certification by the American Board of Otolaryngology and licensed to practice medicine in this state;, one of whom shall be an audiologist licensed under Chapter 44 of this title;, and one of whom shall be appointed from the public at large, shall be an individual to whom neither this state nor any other state has ever issued a license, permit, certificate, or registration to engage in the practice of dispensing hearing aids, and shall not employ any individual to engage in the practice of dispensing hearing aids. Each member of the board shall be a resident of this state. (c) Each member of the board shall be appointed by the Governor with the approval of the Secretary of State. The term of office for each member shall be three years or until his or her successor has been appointed and qualified except that, for the first board appointed under this chapter, two members shall be appointed for a two-year term and three members shall be appointed for a three-year term. Upon the expiration of each term, the Governor, with the approval of the Secretary of State, shall appoint a successor as provided above. Any vacancy on the board arising from death, resignation, or other cause shall be filled by such appointment for the unexpired term. (d) The members of the board shall annually designate one such member to serve as chairman chairperson and another to serve as vice-chairman vice chairperson and may select such additional officers as the board deems necessary. The chairperson and vice chairperson shall each hold a dispenser's license."
SECTION 2. Said chapter is further amended by revising Code Section 43-20-8, relating to issuance of licenses and fees, as follows:
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"43-20-8. (a) The board may issue a dealer's license to any applicant for a dealer's license upon compliance with this chapter, upon payment of the appropriate license fee for a dealer's license, and upon the presentation of evidence satisfactory to the board that he such applicant has established or will establish and maintain a regular office, store, or location for the dispensing of hearing aid devices or instruments, and that a person who possesses a valid Georgia dispenser's license will be responsible for the dispensing of hearing aids under such dealer's license.
(b)(1) The board may issue a dispenser's license to an applicant only when: (A) The the applicant has satisfactorily completed a board approved examination; and (B) Proof when proof of age has been verified; and (C) The applicant has satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. An application for a dispenser's license by examination under this chapter shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the board for a dispenser's license by examination agrees to provide the board with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of such background check. This subparagraph shall not apply to an application for a renewal of a dispenser's license.
(2) The dispenser's license shall authorize the holder to dispense hearing aids under the general supervision of a licensed dealer. (c) The dealer's license fee shall be in an amount determined by the board and must be paid for each office or location established by the dealer. (d) The dispenser's license fee shall be in an amount determined by the board."
SECTION 3. Said chapter is further amended by revising Code Section 43-20-15, relating to continuing education requirement, as follows:
"43-20-15. (a) As a prerequisite for the renewal of a dispenser's license on or before December 31, 2015, the dispenser individual must provide proof to the board that the dispenser such individual has successfully completed 14 hours of continuing education in a program approved by the board. (b) As a prerequisite for the renewal of a dispenser's license on or after January 1, 2016, the individual must provide proof to the board that such individual has successfully completed 20 hours of continuing education in a program approved by the board. (c) The board may promulgate such rules and regulations as are necessary to implement the continuing education requirement."
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SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cantrell Y Carson Y Carter
Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden
Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger N Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 N Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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HB 313. By Representatives Dickey of the 140th, Nimmer of the 178th, Coomer of the 14th, Mayo of the 84th and Howard of the 124th:
A BILL to be entitled an Act to amend Article 2 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to leaves of absence for certain public employees, so as to authorize the application for limited paid leave for the purpose of promoting education in this state; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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 Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett
Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin
Martin Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger N Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
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On the passage of the Bill, the ayes were 168, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 238. By Representatives Harbin of the 122nd, Wilkinson of the 52nd, Geisinger of the 48th, Sims of the 123rd, Parrish of the 158th 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 state sales and use tax exemptions, so as to provide a sales tax exemption for tangible personal property used for or in the renovation or expansion of an aquarium owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; 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 48-8-3 of the Official Code of Georgia Annotated, relating to state sales and use tax exemptions, so as to provide a state and local sales tax exemption for tangible personal property used for or in the renovation or expansion of an aquarium owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; 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 48-8-3 of the Official Code of Georgia Annotated, relating to state sales and use tax exemptions, is amended by revising paragraph (76) as follows:
"(76)(A) The sale or use of tangible personal property used for or in the renovation or expansion of an aquarium located in this state that charges for admission and that is owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, to the extent provided in subparagraphs (B) and (C) of this paragraph. (B) This exemption shall apply from July 1, 2015, until January 1, 2017, and until the aggregate state sales and use tax refunded pursuant to this paragraph exceeds $750,000.00. A qualifying aquarium must pay sales and use tax on all purchases and uses of tangible personal property and may obtain the benefit of this exemption from state sales and use tax by filing a claim for refund of tax paid on qualifying items. All refunds made pursuant to this paragraph will not include interest.
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(C) This exemption shall apply from July 1, 2015, until January 1, 2017, to any local sales and use tax levied or imposed at any time in any area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' or such taxes as authorized by or pursuant to Article 2, 2A, 3, 4, or 5 of this chapter. (D) Notwithstanding any provision of Code Section 48-8-63 to the contrary, purchases by a contractor may qualify for the exemption provided for in this paragraph. However, when a contractor purchases qualifying tangible personal property, the contractor shall pay the tax at the time of purchase or at the time of first use in this state; and the ultimate owner of the property may file a claim for refund of the tax paid on the qualifying property. (E) Items qualifying for exemption include all tangible personal property that will remain at the aquarium facility after completion of construction and all tangible personal property that becomes incorporated into the real property structures of the aquarium facility. The exemption excludes all items that remain tangible personal property in the possession of a contractor after the completion of construction; Notwithstanding any provision of Code Section 48-8-63 to the contrary, from June 4, 2003, until January 1, 2007, sales of tangible personal property to, or used in the construction of, an aquarium owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code;"
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 E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh
Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner N Dudgeon Y Dukes
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver
O'Neal N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold
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 Tankersley Y Tanner
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Y Beskin Y Beverly Y Broadrick N Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M N Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Dunahoo N Duncan Y Ealum N Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon N Gravley Y Greene Y Hamilton
Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd N Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin N Martin Y Maxwell Y Mayo N McCall Y McClain
Y Powell, A Y Powell, J Y Prince N Pruett N Quick Y Raffensperger Y Rakestraw
Ramsey Y Randall Y Reeves Y Rhodes Y Rice N Roberts Y Rogers, C Y Rogers, T Y Rutledge N Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
N Tarvin Y Taylor, D Y Taylor, T N Teasley N Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 142, nays 28.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 308. By Representatives Stephens of the 164th, Peake of the 141st and Harbin of the 122nd:
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, computation, rate, and exemptions from state income taxes, so as to revise the tax credit for the rehabilitation of historic structures; to provide for procedures, conditions, and limitations; to provide for a sunset date; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, computation, rate, and exemptions from state income taxes, so as to revise the tax credit for the rehabilitation of historic structures; to provide for procedures, conditions, and limitations; to provide for a sunset date; to provide for related matters; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, computation, rate, and exemptions from state income taxes, is amended by revising Code Section 48-7-29.8, relating to a tax credit for the rehabilitation of historic structures, as follows:
"48-7-29.8. (a) As used in this Code section, the term:
(1) 'Certified rehabilitation' means repairs or alterations to a certified structure which are certified by the Department of Natural Resources as meeting the United States Secretary of the Interior's Standards for Rehabilitation or the Georgia Standards for Rehabilitation as provided by the Department of Natural Resources. (2) 'Certified structure' means a historic building or structure that is located within a national historic district, individually listed on the National Register of Historic Places, individually listed in the Georgia Register of Historic Places, or is certified by the Department of Natural Resources as contributing to the historic significance of a Georgia Register Historic District. (3) 'Historic home' means a certified structure which, or any portion of which is or will, within a reasonable period, be owned and used as the principal residence of the person claiming the tax credit allowed under this Code section. Historic home shall include any structure or group of structures that constitute a multifamily or multipurpose structure, including a cooperative or condominium. If only a portion of a building is used as such person's principal residence, only those qualified rehabilitation expenditures that are properly allocable to such portion shall be deemed to be made to a historic home. (4) 'Qualified rehabilitation expenditure' means any qualified rehabilitation expenditure as defined by Section 47(c)(2) of the Internal Revenue Code of 1986 and any amount properly chargeable to a capital account expended in the substantial rehabilitation of a structure that by the end of the taxable year in which the certified rehabilitation is completed is a certified structure. This term does not include the cost of acquisition of the certified structure, the cost attributable to enlargement or additions to an existing building, site preparation, or personal property. (5) 'Substantial rehabilitation' means rehabilitation of a certified structure for which the qualified rehabilitation expenditures, at least 5 percent of which must be allocable to the exterior during the 24 month period selected by the taxpayer ending with or within the taxable year, exceed:
(A) For a historic home, the lesser of $25,000.00 or 50 percent of the adjusted basis of the property as defined in subparagraph (a)(1)(B) of Code Section 48-5-7.2; or, in the case of a historic home located in a target area $5,000.00; or (B) For any other certified structure, the greater of $5,000.00 or the adjusted basis of the property.
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(6) 'Target area' means a qualified census tract under Section 42 of the Internal Revenue Code of 1986, found in the United States Department of Housing and Urban Development document number N-94-3821; FR-3796-N-01. (b) A taxpayer shall be allowed a tax credit against the tax imposed by this chapter for the taxable year in which the certified rehabilitation is completed: (1) In the case of a historic home, equal to 25 percent of qualified rehabilitation expenditures, except that, in the case of a historic home located within a target area, an additional credit equal to 5 percent of qualified rehabilitation expenditures shall be allowed; and (2) In the case of any other certified structure, equal to 25 percent of qualified rehabilitation expenditures. Qualified rehabilitation expenditures may only be counted once in determining the amount of the tax credit available, and more than one entity may not claim a credit for the same qualified rehabilitation expenditures. (c)(1) In no event shall credits for a historic home exceed $100,000.00 in any 120 month period an individual certified structure. (2) In no event shall credits for a certified structure exceed $300,000.00 $5 million in any 120 month period an individual certified structure. (3) In no event shall credits issued under this Code section exceed $25 million per calendar year. (d)(1) A taxpayer seeking to claim a tax credit under subsection (b) of this Code section shall submit an application to the commissioner for preapproval of such tax credit. Such application shall include a precertification from the Department of Natural Resources certifying that the improvements to the certified structure are to be consistent with the Department of Natural Resources Standards for Rehabilitation. The Department shall have the authority to require electronic submission of such application in the manner specified by the department. The commissioner shall preapprove the tax credits within 30 days based on the order in which properly completed applications were submitted. In the event that two or more applications were submitted on the same day and the amount of funds available will not be sufficient to fully fund the tax credits requested, the commissioner shall prorate the available funds between or among the applicants. (2) In order to be eligible to receive the credit authorized under subsection (b) of this Code section, a taxpayer must attach to the taxpayer's state tax return a copy of the completed certification of the Department of Natural Resources verifying that the improvements to the certified structure are consistent with the Department of Natural Resources Standards for Rehabilitation. (e)(1) If the credit allowed under paragraph (1) of subsection (b) of this Code section in any taxable year exceeds the total tax otherwise payable by the taxpayer for that taxable year, the taxpayer may apply the excess as a credit for succeeding years until the earlier of:
(A) The full amount of the excess is used; or
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(B) The expiration of the tenth taxable year after the taxable year in which the certified rehabilitation has been completed. (2) Any tax credits with respect to credits earned by a taxpayer under paragraph (2) of subsection (b) of this Code section and previously claimed but not used by such taxpayer against its income tax may be transferred or sold in whole or in part by such taxpayer to another Georgia taxpayer, subject to the following conditions: (A) A taxpayer who makes qualified rehabilitation expenditures may sell or assign all or part of the tax credit that may be claimed for such costs and expenses to one or more entities, and any entity to which all or part of the credit is sold or assigned may sell or assign all or part of the tax credit to another entity. There is no limit on the total number of transactions for the sale or assignment of all or part of the total tax credit authorized under this subsection; provided, however, that collectively, all transfers are subject to the maximum total limits provided by subsection (b) of this Code section; (B) A taxpayer who sells or assigns a credit under this Code section and the entity to which the credit is sold or assigned shall jointly submit written notice of the sale or assignment to the department not later than 30 days after the date of the sale or assignment. The notice must include:
(i) The date of the sale or assignment; (ii) The amount of the credit sold or assigned; (iii) The names and federal tax identification numbers of the entity that sold or assigned the credit or part of the credit and the entity to which the credit or part of the credit was sold or assigned; and (iv) The amount of the credit owned by the selling or assigning entity before the sale or assignment and the amount the selling or assigning entity retained, if any, after the sale or assignment; (C) The sale or assignment of a credit in accordance with this Code section does not extend the period for which a credit may be carried forward and does not increase the total amount of the credit that may be claimed. After an entity claims a credit for eligible costs and expenses, another entity may not use the same costs and expenses as the basis for claiming a credit; and (D) Notwithstanding the requirements of this subsection, a credit earned or purchased by, or assigned to, a partnership, limited liability company, Subchapter 'S' corporation, or other pass-through entity may be allocated to the partners, members, or shareholders of that entity and claimed under this Code section in accordance with the provisions of any agreement among the partners, members, or shareholders of that entity and without regard to the ownership interest of the partners, members, or shareholders in the rehabilitated certified structure, provided that: (i) The entity or person that claims the credit must be subject to Georgia tax; and (ii) The entity and the allocatee meet the requirements of subsection (l) of this Code section. (2)(3) No such credit shall be allowed the taxpayer against prior years' tax liability.
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(f) In the case of any rehabilitation which may reasonably be expected to be completed in phases set forth in architectural plans and specifications completed before the rehabilitation begins, a 60 month period may be substituted for the 24 month period provided for in paragraph (5) of subsection (a) of this Code section.
(g)(1) Except as otherwise provided in subsection (h) of this Code section, in the event a tax credit under this Code section has been claimed and allowed the taxpayer, upon the sale or transfer of the certified structure, the taxpayer shall be authorized to transfer the remaining unused amount of such credit to the purchaser of such certified structure. If a historic home for which a certified rehabilitation has been completed by a nonprofit corporation is sold or transferred, the full amount of the credit to which the nonprofit corporation would be entitled if taxable shall be transferred to the purchaser or transferee at the time of sale or transfer. (2) Such purchaser shall be subject to the limitations of subsection (e) of this Code section. Such purchaser shall file with such purchaser's tax return a copy of the approval of the rehabilitation by the Department of Natural Resources as provided in subsection (d) and a copy of the form evidencing the transfer of the tax credit. (3) Such purchaser shall be entitled to rely in good faith on the information contained in and used in connection with obtaining the approval of the credit including, without limitation, the amount of qualified rehabilitation expenditures. (h)(1) If an owner other than a nonprofit corporation sells a historic home within three years of receiving the credit, the seller shall recapture the credit to the Department of Revenue as follows:
(A) If the property is sold within one year of receiving the credit, the recapture amount will equal the lesser of the credit or the net profit of the sale; (B) If the property is sold within two years of receiving the credit, the recapture amount will equal the lesser of two-thirds of the credit or the net profit of the sale; or (C) If the property is sold within three years of receiving the credit, the recapture amount will equal the lesser of one-third of the credit or the net profit of the sale. (2) The recapture provisions of this subsection shall not apply to a sale resulting from the death of the owner. (i) Any taxpayer claiming credits under paragraph (2) of subsection (b) of this Code section shall not be eligible for any other state subsidy, including, but not limited to, any other credit under this chapter, or any state sales and use tax exemption or refund under Chapter 8 of this title. (j)(1) In the event that a taxpayer claims the tax credit under paragraph (2) of subsection (b) of this Code section and leases such certified structure, the department shall aggregate all total sales tax receipts from the certified structure. (2) Any taxpayer claiming credits under paragraph (2) of subsection (b) of this Code section shall report to the department the average full-time employees employed at the certified structure. A full-time employee for the purposes of this Code section shall mean a person who works a job that requires 30 or more hours per week. Such
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reports must be submitted to the department for five calendar years following the year in which the credit is claimed by the taxpayer. (3) In the event that a taxpayer claims the tax credit under paragraph (2) of subsection (b) of this Code section and leases such certified structure, the department shall aggregate all total full-time employees at the certified structure. (k) Notwithstanding Code Sections 48-2-15, 48-7-60, and 48-7-61, the department shall furnish a report to the chairperson of House Committee on Ways and Means and the chairperson of the Senate Finance Committee by June 30 of each year. Such report shall contain the total sales tax collected in the prior calendar year and the average number of full-time employees at the certified structure and the total value of credits claimed for each taxpayer claiming credits under paragraph (2) of subsection (b) of this Code section. (i)(l) The tax credit allowed under paragraph (2) of subsection (b) of this Code section, and any recaptured tax credit, shall be allocated among some or all of the partners, members, or shareholders of the entity owning the project in any manner agreed to by such persons, whether or not such persons are allocated or allowed any portion of any other tax credit with respect to the project. (j)(m) The Department of Natural Resources and the Department of Revenue shall prescribe such regulations as may be appropriate to carry out the purposes of this Code section. (k)(n) The Department of Natural Resources shall report, on an annual basis, on the overall economic activity, usage, and impact to the state from the rehabilitation of eligible properties for which credits provided by this Code section have been allowed."
SECTION 2.
The amendments enacted in this Act shall take effect on January 1, 2016, and shall be applicable to certified rehabilitation completed on or after January 1, 2017, and shall stand repealed on December 31, 2021, unless otherwise modified by the General Assembly. In the event the amendments provided for in this Act are repealed, the provisions of Code Section 48-7-29.8 as they existed prior to this Act shall remain in full force and effect.
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 Coomer Y Cooper Y Corbett
Y Harbin Y Harden N Harrell
Y Meadows Y Mitchell Y Morris
Y Smith, E Y Smith, L Y Smith, M
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Y Anderson Y Atwood Y Ballinger N Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick N Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cantrell Y Carson Y Carter N Casas Y Chandler Y Cheokas N Clark, D N Clark, H Y Clark, V
Coleman N Cooke
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 Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo N McCall Y McClain
Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett N Quick N Raffensperger Y Rakestraw
Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge N Rynders Y Scott N Setzler Y Sharper Y Shaw Y Sims
Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 147, nays 22.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 524. By Representative Fleming of the 121st:
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 trade name registry; to provide for duties of clerks of superior courts; to provide for fees; to correct cross-references; to provide for an automatic repeal; to provide for revised fees on and after January 1, 2021; to provide
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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.
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 Belton Y Bennett E Bentley
Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs
Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin
Maxwell Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince N Pruett Y Quick Y Raffensperger Y Rakestraw
Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin
Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 3.
The Bill, having received the requisite constitutional majority, was passed.
HB 502. By Representatives Dudgeon of the 25th, Coleman of the 97th, Clark of the 101st, Dickson of the 6th, Kaiser of the 59th and others:
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A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to update and clarify provisions in law and to repeal obsolete provisions; 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 update and clarify provisions in law and to repeal obsolete provisions; to repeal a population act provision; to revise provisions relating to flexibility for school systems; to provide that annual performance evaluations cannot be waived; to revise provisions relating to state required content standards; to remove the middle grades program; to revise provisions relating to contracts by the State School Superintendent; to revise a process for student requests for waivers and variances of state requirements; to revise definitions relating to capitol outlay funds; to revise provisions relating to state required assessments; to revise provisions relating to the honors program; to revise a provision relating to a report on gender discrimination; to revise provisions relating to courses taken through the Georgia Virtual School; to revise provisions relating to virtual instruction opportunities provided by local school systems; to repeal an obsolete provision relating to acquiring digital learning; to revise a provision relating to home study reporting; to revise provisions relating to health insurance for public school teachers and employees; to revise provisions relating to nonrenewal of a teacher's contract; to revise provisions relating to appeals to the State Board of Education; to revise provisions relating to state charter schools; 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 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 subsection (d) of Code Section 20-251, 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, and designating said subsection as reserved.
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SECTION 1A. Said chapter is further amended by revising subsection (b) of Code Section 20-2-80, relating to requests for increased flexibility, as follows:
"(b) A local school system may elect not to request increased flexibility in exchange for increased accountability and defined consequences and opt elect to remain under all current laws, rules, regulations, policies, and procedures, and such local school system shall:
(1) Conduct a public hearing for the purpose of providing public notice that such local school system is opting for the status quo electing not to request increased flexibility pursuant to this article. The public hearing shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised; and (2) Sign a statement on a form provided by the state board that such local school system is opting for the status quo electing not to request increased flexibility pursuant to this article."
SECTION 1B. Said chapter is further amended in Code Section 20-2-81, relating to strategic plan and proposed contract for local school systems requesting flexibility, by adding a new subsection to read as follows:
"(f) A local school system which elects to request increased flexibility pursuant to this article shall be known as a strategic school system."
SECTION 2. Said chapter is further amended by revising subsection (e) of Code Section 20-2-82, relating to contract terms for local school systems requesting flexibility, as follows:
"(e) The state board shall be authorized to approve a waiver or variance request of specifically identified state rules, regulations, policies, and procedures or provisions of this chapter upon the inclusion of such request in the local school system's proposed contract and in accordance with subsection (b) of Code Section 20-2-84. The goal for each waiver and variance shall be improvement of student performance. The state board shall not be authorized to waive or approve variances on any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title; the requirements of Code Section 202-210; the requirements of Code Section 20-2-211.1; or the requirements in subsection (c) of Code Section 20-2-327. A local school system that has received a waiver or variance shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request."
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SECTION 2A. Said chapter is further amended by revising Code Section 20-2-84.3, relating to a limit on the number of local school systems entering into a flexibility contract, as follows:
"20-2-84.3. (a) No more than five local school systems in the first calendar year may enter into a contract with the State Board of Education pursuant to this article. (b) No later than June 30, 2015, each local school system shall either notify the department of its intention to request increased flexibility become a strategic school system pursuant to this article or shall comply with subsection (b) of Code Section 202-80, electing not to request increased flexibility pursuant to this article."
SECTION 3. Said chapter is further amended by revising paragraph (1) of Code Section 20-2-131, relating to objectives and purposes of the Quality Basic Education Program, as follows:
"(1) Implementing a quality basic education highly rigorous curriculum to encompass content standards in public schools state wide which ensures that each student is provided ample opportunity to develop competencies necessary for lifelong learning as well as the competencies needed to maintain good physical and mental health, to participate actively in the governing process and community activities, to protect the environment and conserve public and private resources, and to be an effective worker and responsible citizen of high character;"
SECTION 4. Said chapter is further amended by revising Code Section 20-2-140, relating to the State Board of Education establishing competencies and a uniformly sequenced core curriculum and college and career readiness competency standards, as follows:
"20-2-140. (a) The State Board of Education shall establish competencies uniformly sequenced content standards that each student is expected to master prior to completion of the student's public school education. The state board shall also establish competencies for which each student should be provided opportunities, at the discretion of the student and the student's parents, to master. Based upon these foregoing competencies, the The state board shall adopt a uniformly sequenced core curriculum content standards for grades students in kindergarten through grade 12. Each local unit of administration shall include this uniformly sequenced core curriculum as the basis for its own curriculum, although each local unit may sequence, expand, and enrich this curriculum may expand and enrich the content standards to the extent it deems necessary and appropriate for its students and communities. Each local school system shall adopt its own curriculum which shall include appropriate instruction in the content standards. (b) The State Board of Education, working with the Board of Regents of the University System of Georgia and the State Board of the Technical College System of Georgia, shall establish college and career readiness competency standards to demonstrate competency in reading, writing, and mathematics aligned with the core curriculum
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content standards adopted by the state board pursuant to subsection (a) of this Code section with the level of performance necessary to meet college-readiness standards in the state's technical colleges, community colleges, state colleges, and universities and in other advanced training programs. (c) The State Board of the Technical College System of Georgia shall require its institutions to accept core curriculum coursework completed by high school students for purposes of admission into its institutions. This Code section shall apply beginning with students entering such postsecondary institutions in the fall of 2013."
SECTION 5. Said chapter is further amended by revising Code Section 20-2-140.1, relating to online learning, as follows:
"20-2-140.1. The State Board of Education shall establish rules and regulations to maximize the number of students, beginning with students entering ninth grade in the 2014-2015 school year, who complete prior to graduation at least one course containing online learning. This shall be met through an online course offered by the Georgia Virtual School established pursuant to Code Section 20-2-319.1, through the clearing-house established pursuant to Code Section 20-2-319.3, through an online dual enrollment course offered by a postsecondary institution, or through a provider approved pursuant to subsection (c) of Code Section 20-2-319.4. This shall also include enrollment in a full-time or part-time virtual instruction program pursuant to Code Section 20-2-319.4."
SECTION 6. Said chapter is further amended by revising subsection (a) of Code Section 20-2-142, relating to prescribed courses, as follows:
"(a)(1) All elementary and secondary schools which receive in any manner funds from the state shall provide the following course offerings in the manner and at the grade level prescribed by the State Board of Education in its quality core curriculum:
(A) A course of study in the background, history, and development of the federal and state governments and a study of Georgia county and municipal governments; and (B) A course of study in the history of the United States and in the history of Georgia and in the essentials of the United States and Georgia Constitutions, including the study of American institutions and ideals which shall include a study of the Pledge of Allegiance to the flag of the United States and the Georgia flag in addition to other institutions and ideals. (2) No student shall be eligible to receive a diploma from a high school unless such student has successfully completed the courses in history and government provided for by this subsection, except as provided in paragraphs (3) and (4) of this subsection. For students moving to Georgia and unable to take the course or courses available to fulfill these requirements in the grade level in which such course or courses are ordinarily offered, the State Board of Education may develop alternative methods,
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which may include but shall not be limited to an on-line course of study, for such students to learn about and demonstrate an adequate understanding of federal or Georgia history and government. (3) Disabled students who are otherwise eligible for a special education diploma pursuant to subsection (c) of Code Section 20-2-281 shall not be denied this diploma if they have not successfully completed either or both of these courses; provided, however, that their Individualized Education Programs have not specified that the disabled students must enroll in and successfully complete both of these courses. (4) The State Board of Education shall promulgate rules and regulations governing the required course of study in the history of Georgia and in the essentials of the Georgia Constitution for students who transfer from another state after having completed the year in which such course or courses are ordinarily offered. The State Board of Education is authorized to provide for exemptions to the required course of study for such students and for students whose parent or parents serve in the armed forces of the United States."
SECTION 7. Said chapter is further amended by revising subsection (a) and paragraph (2) of subsection (b) of Code Section 20-2-151, relating to general and career education programs, as follows:
"(a) The primary purpose for the general and career education programs is to provide the children and youth of Georgia with a quality opportunity to master student competencies uniformly sequenced content standards adopted by the State Board of Education through instruction which is based upon the uniformly sequenced core curriculum."
"(2) It is the policy of this state that the purpose of the primary grades program shall be mastery by enrolled students of the essential basic skills and knowledge which will enable them to achieve more advanced skills and knowledge offered at the higher grade levels. For purposes of funding under this article, the primary grades program shall include grades one, two, and three. To be eligible for enrollment in the first grade of a state supported primary grades program, a child must attain the age of six by September 1, except as otherwise provided by subsection (b) of Code Section 202-150. The State Board of Education shall adopt an instrument or instruments, procedures, and policies necessary to assess the first grade readiness of children enrolled in Georgia's public school kindergarten programs pursuant to Code Section 20-2-281. Readiness information obtained by the instrument or instruments adopted by the state board shall be used by local school systems in concert with teacher recommendations and other relevant information to make appropriate student grade placement decisions. The Department of Education shall develop guidelines for utilization of the instrument or instruments in grade placement decisions and shall provide such guidelines to local school systems. The guidelines shall include information pertinent to consideration of the placement of students who have been identified as being disabled or limited-English-proficient. Whenever the decision is
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made not to promote a child to the first grade, the local school system shall document the reasons for the decision not to promote, according to guidelines established by the board. The State School Superintendent shall may annually provide a report summarizing the results of the readiness of first grade Georgia public school kindergarten children. No student shall remain in kindergarten for more than two years;"
SECTION 8. Said chapter is further amended by revising subsections (a) and (h) of Code Section 20-2154.1, relating to alternative education programs, as follows:
"(a) It is the policy of this state that the alternative education program shall provide a learning environment that includes the objectives of the quality core curriculum content standards and that the instruction in an alternative education program shall enable students to return to a general or career education program as quickly as possible. Course credit shall be earned in an alternative education program in the same manner as in other education programs. It is the policy of this state that it is preferable to reassign disruptive students to an alternative education program rather than suspending or expelling such students from school." "(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 career, technical, and agricultural education laboratory program (grades nine through 12). For the 2002-2003 school year and thereafter, the 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 20-2-290, the high school general education program (grades nine through 12), and the 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 9. Said chapter is further amended by revising Code Section 20-2-159.1, relating to focused programs of study, as follows:
"20-2-159.1. No later than July 1, 2013, the Department of Education shall develop, and the State Board of Education shall approve, state models and curriculum framework content standards for the following focused programs of study, as defined in Code Section 202-326, including, but not limited to:
(1) Agriculture, food, and natural resources;
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(2) Architecture and construction; (3) Arts, audio-video technology, and communications; (4) Business, management, and administration; (5) Education and training; (6) Finance; (7) Health science; (8) Hospitality and tourism; (9) Human services; (10) Information technology; (11) Law, public safety, and security; (12) Manufacturing; (13) Government and public administration; (14) Marketing, sales, and service; (15) Science, technology, engineering, and mathematics; and (16) Transportation, distribution, and logistics. Such focused programs of study may be combined around these and other related clusters."
SECTION 10. Said chapter is further amended by revising paragraph (1) of Code Section 20-2-159.2, relating to coordination between high schools and postsecondary institutions to minimize the need for remedial course work for students in postsecondary institutions, as follows:
"(1) Develop policies to ensure that students who complete the core curriculum master the content standards established pursuant to Code Section 20-2-140 will meet the requirements for purposes of admission into a postsecondary institution, such as grade point average and readiness levels in reading, writing, and mathematics, without having to take remedial coursework. Such policies shall:
(A) Establish the benchmarks for college readiness and the method in which students can demonstrate readiness in reading, writing, and mathematics for postsecondary coursework upon completing the core curriculum content standards; and (B) Set the conditions for ensuring college readiness;"
SECTION 11. Said chapter is further amended by revising subsection (a) of Code Section 20-2-159.3, relating to academic core standards to be embedded in career, technical, and agricultural education courses, as follows:
"(a) The competencies and curricula content standards established for career, technical, and agricultural education courses pursuant to Code Section 20-2-140 shall include embedded standards in academic core subject areas, as appropriate. In establishing such competencies and curricula content standards, the state board shall work to ensure that the coursework meets postsecondary requirements for acceptance of credit for such coursework at the postsecondary level. Such courses shall be taught by a highly
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qualified teacher in the academic content and trained or experienced in contextualized learning using project based methods; by a highly qualified career, technical, and agricultural education teacher who has completed a state-approved training program to strengthen academic content and has passed a state-approved exam for demonstrating mastery of academic content; or by a team made up of a highly qualified teacher in the academic content and a highly qualified career, technical, and agricultural education teacher working together to teach the course."
SECTION 12. Said chapter is further amended by revising subsection (a) of Code Section 20-2-160, relating to determination of enrollment by institutional programs, 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, 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 content standards as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in a dual credit course pursuant to Code Section 20-2-159.5 shall be counted for the high school program or other appropriate program for each segment in which the student is attending such dual credit course. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific
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circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date."
SECTION 13. Said chapter is further amended by revising subsections (b) and (b.1) of Code Section 202-161, 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 .................................................................................... 1.6508 weight and 1 to 15 ratio
(2) Kindergarten early intervention program ....................................................... 2.0348 weight and 1 to 11 ratio
(3) Primary grades program (1-3) ........................................................................ 1.2849 weight and 1 to 17 ratio
(4) Primary grades early intervention program (1-3)........................................... 1.7931 weight and 1 to 11 ratio
(5) Upper elementary grades program (4-5) ........................................................ 1.0355 weight and 1 to 23 ratio
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(6) Upper elementary grades early intervention program (4-5)........................... 1.7867 weight and 1 to 11 ratio
(7) Middle grades program (6-8) ......................................................................... 1.0186 weight and 1 to 23 ratio
(8)(7) Middle school program (6-8) as defined in Code Section 20-2-290 ......... 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) Career, technical, and agricultural education
1.1916
laboratory program (9-12)................................................................................w..e..i.ght and
1 to 20
ratio
(11)(10) Program for persons with disabilities: Category I.............................................................................................................. 2.3798
weight and 1 to 8 ratio
(12)(11) Program for persons with disabilities: Category II ............................................................................................................ 2.7883
weight and 1 to 6.5 ratio
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(13)(12) Program for persons with disabilities: Category III ........................................................................................................... 3.5493
weight and 1 to 5 ratio
(14)(13) Program for persons with disabilities: Category IV........................................................................................................... 5.7509
weight and 1 to 3 ratio
(15)(14) Program for persons with disabilities: Category V ............................................................................................................ 2.4511
weight and 1 to 8 ratio
(16)(15) Program for intellectually gifted students: Category VI........................................................................................................... 1.6589
weight and 1 to 12 ratio
(17)(16) Remedial education program ................................................................ 1.3087 weight and 1 to 15 ratio
(18)(17) Alternative education program ............................................................. 1.4711 weight and 1 to 15 ratio
(19)(18) English for speakers of other languages (ESOL) program ................... 2.5049 weight and 1 to 7 ratio
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(b.1) Notwithstanding the provisions of subsection (b) of this Code section and the requirements of Code Section 20-2-290, beginning July 1, 2014, a nonvirtual middle school shall have the funding weight included in paragraph (8) of subsection (b) of this Code section for the middle school program, regardless of whether such middle school meets the requirements of Code Section 20-2-290."
SECTION 14. Said chapter is further amended by revising Code Section 20-2-181, relating to calculation of program weights to reflect base size school, 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 career, technical, and agricultural education laboratory program shall reflect a base school size of 970 full-time 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 15. Said chapter is further amended by revising subsections (b) and (c) and paragraph (1) 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 at least one school counselor for every 450 full-time equivalent students. Beginning in Fiscal Year 2015 and
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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 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."
"(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."
SECTION 16.
Said chapter is further amended by revising subsection (a) of Code Section 20-2-184.1, relating to funding for additional days of instruction, as follows:
"(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
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low-performing students with programs including, but not limited to, instructional opportunities for students beyond the regular school day, Saturday classes, intersession classes, 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 transportation costs incurred for transporting students who are attending additional classes funded by these designated funds."
SECTION 17. Said chapter is further amended by revising subsection (a) of Code Section 20-2-190, relating to professional development centered on state-wide strategic initiatives, as follows:
"(a) Subject to appropriations by the General Assembly, the State Board of Education shall provide professional development centered on state-wide strategic initiatives. Such strategic initiatives may include, but are not limited to, training on the new common core curriculum content standards, support for under-performing educators, and mentoring programs in specific subject areas."
SECTION 18. Said chapter is further amended by revising subsection (a) of Code Section 20-2-200, relating to regulation of certificated professional personnel by the Professional Standards Commission, as follows:
"(a) The Professional Standards Commission shall provide, by regulation, for certifying and classifying all certificated professional personnel employed in the public schools of this state, including personnel who provide virtual instruction to public schools of this state, whether such personnel are located within or outside of this state or whether such personnel are employed by a local unit of administration. No such personnel shall be employed in the public schools of this state unless they hold certificates issued by the commission certifying their qualifications and classification in accordance with such regulations. The commission shall establish such number of classifications of other certificated professional personnel as it may find reasonably necessary or desirable for the operation of the public schools; provided, however, that such classifications shall be based only upon academic, technical, and professional training, experience, and competency of such personnel. The commission is authorized to provide for denying a certificate to an applicant, suspending or revoking a certificate, or otherwise disciplining the holder of a certificate for good cause after an investigation is held and notice and an opportunity for a hearing are provided the certificate holder or applicant in accordance with subsection (d) of Code Section 20-2-984.5. The commission shall designate and define the various classifications of professional personnel employed in the public schools of this state that shall be required to be certificated under this Code section or under Code Section 20-2-206. Without limiting the generality of the foregoing, the term 'certificated professional personnel' is defined
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as all professional personnel certificated by the commission and county or regional librarians."
SECTION 19. Said chapter is further amended by revising subsection (c) of Code Section 20-2-241, relating to the State School Superintendent, as follows:
"(c) The State School Superintendent shall have the authority to enter into contracts for the amount of $50,000.00 or less on behalf of the Department of Education. The State School Superintendent may delegate to the chief financial officer the authority to execute such contracts on behalf of the State School Superintendent."
SECTION 20. Said chapter is further amended by revising paragraph (1) of Code Section 20-2-242, relating to local school systems, local units of administration, and local governing bodies, as follows:
"(1) The instructional programs authorized pursuant to Part 3 of this article and the uniformly sequenced core curriculum content standards authorized pursuant to Part 2 of this article are fully and effectively implemented;"
SECTION 21. Said chapter is further amended by revising subsection (b) of Code Section 20-2-244, relating to waivers to improve student performance, as follows:
"(b) The State Board of Education is not authorized to waive any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title; the requirements of Code Section 202-210; the requirements of Code Section 20-2-211.1; or the requirements in subsection (c) of Code Section 20-2-327. A school or school system that has received a waiver shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request."
SECTION 22. Said chapter is further amended by adding a new Code section to read as follows:
"20-2-244.1. (a) As used in this Code section, the term:
(1) 'Student' means a student who is or was enrolled in a public school in this state. (2) 'Substantial hardship' means a significant, unique, and demonstrable economic, technological, legal, or other type of hardship to the student requesting a variance or waiver.
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(3) 'Variance' means a modification granted by the State Board of Education to all or part of the literal requirements of a rule to a person who is subject to the rule. (4) 'Waiver' means a decision by the State Board of Education not to apply all or part of a rule to a person who is subject to the rule. (b) Except as provided in subsection (f) of this Code section, the State Board of Education is authorized to grant a variance or waiver to a rule when a student subject to that rule demonstrates that the purpose of the underlying statute upon which the rule is based can be or has been achieved by other specific means which are agreeable to the person seeking the variance or waiver and that strict application of the rule would create a substantial hardship to such person. (c) Except as provided in subsection (f) of this Code section, a student who is subject to regulation by a State Board of Education rule may file a petition with the state board requesting a variance or waiver from the state board's rule. In addition to any other requirements which may be imposed by the state board, each petition shall specify: (1) The rule from which a variance or waiver is requested; (2) The type of action requested; (3) The specific facts of substantial hardship which would justify a variance or waiver for the petitioner, including the alternative standards which the person seeking the variance or waiver agrees to meet and a showing that such alternative standards will afford adequate protection for the public health, safety, and welfare; and (4) The reason why the variance or waiver requested would serve the purpose of the underlying statute. (d) The state board shall grant or deny a petition for variance or waiver in writing no later than 60 days after the receipt of the petition. The state board's decision to grant or deny the petition shall be in writing and shall contain a statement of the relevant facts and the reasons supporting the state board's action. (e) The state board's decision to deny a petition for variance or waiver shall be subject to judicial review in accordance with Code Section 50-13-19. The validity of any variance or waiver which is granted by the state board may be determined in an action for declaratory judgment in accordance with Code Section 50-13-10. (f) This Code section shall not apply, and no variance or waiver shall be sought or authorized, when a state board rule or regulation has been adopted or promulgated in order to implement or promote a federally delegated program. (g) An aggregated report of all waivers granted pursuant to this Code section shall be prepared and shall contain a description of the waiver granted, including a detail of the variance from any rule or regulation, but shall not include any identifying information of the student. (h) The State Board of Education shall not be subject to Code Section 50-13-9.1 with respect to petitions for variances or waivers of rules by students."
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SECTION 23. Said chapter is further amended in subsection (b) of Code Section 20-2-260, relating to capital outlay funds generally, by revising paragraph (3) and by adding a new paragraph as follows:
"(3) 'Capital outlay' includes, but is not necessarily limited to, expenditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, construction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnishings for educational facilities. This term also includes expenditures for computer equipment and operating system software for the school that is integral to the implementation of the school's curriculum, instruction, or administration." "(9.1) 'Local school system' means any entity defined as a local educational agency by the Department of Education."
SECTION 24. Said chapter is further amended by revising paragraph (3) of subsection (a) of Code Section 20-2-270.1, relating to services to member local school systems by regional educational service agencies, as follows:
"(3) Developing and implementing curricula and instruction of the highest quality possible, including implementing the uniformly sequenced core curriculum content standards adopted by the state board;"
SECTION 25. Said chapter is further amended by revising Code Section 20-2-281, relating to assessment of effectiveness of educational programs, as follows:
"20-2-281. (a) The State Board of Education shall adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. Each local school system may elect to administer, with state funding, nationally norm-referenced instruments in reading, mathematics, science, or social studies in grade three, four, or five and in grade six, seven, or eight, subject to available appropriations, with assistance to such school systems by the State Board of Education with regard to administration guidance, scoring, and reporting of such assessments instruments. The State Board of Education shall review, revise, and upgrade the quality core curriculum content standards. Following the adoption of this revised curriculum such content standards, the State Board of Education shall contract for development of criterion-referenced competency tests end-of-grade assessments to measure the quality core curriculum content standards. Such tests in English, and language arts/reading, and, mathematics, and reading shall be administered annually to students in grades three through eight, and such tests in science and social studies shall be administered annually to students in grades three through eight. These tests shall contain features that allow for comparability to other states with whom establishing
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such comparison would be statistically sound; provided, however, that no such comparison shall be conducted which would relinquish any measure of control over assessments to any individual or entity outside the state. This action shall be completed according to a schedule established by the State Board of Education. A curriculum based assessment shall be administered in grade 11 for graduation purposes. Writing assessments performance shall be administered to assessed, at a minimum, for students in grades three, five, eight, and 11 and may be assessed for students in additional grade levels as designated by the State Board of Education. The writing assessments Writing performance results shall provide be provided to students and their parents with performance outcome measures resulting from the administration of such tests. (b) The nationally normed assessments norm-referenced instruments provided for in subsection (a) of this Code section shall provide students and their parents with grade equivalencies and percentile ranks which result from the administration of such tests instruments. Criterion-referenced tests and the high school graduation test End-ofgrade assessments provided for in subsection (a) of this Code section shall provide for results that reflect student achievement at the individual student, classroom, school, system, and state, and national levels. The State Board of Education shall participate in the National Assessment of Educational Progress (NAEP) and may participate in any other tests that will allow benchmarking this state's performance against national or international performance. The results of such testing shall be provided to the Governor, the General Assembly, and the State Board of Education and shall be reported to the citizens of Georgia. Further, the state board shall adopt a school readiness assessment for students entering first grade and shall administer such assessment pursuant to paragraph (2) of subsection (b) of Code Section 20-2-151. One of the components in the awarding of salary supplements as part of a pay for performance or related plan under this article may be assessments of student achievement. (b.1) The State Board of Education shall notify local school systems and individual schools of the results of the assessment instruments administered under this Code section at the earliest possible date determined by the state board, but not later than the beginning of the subsequent school year. In the event the state board is unable to provide timely results in the first year of implementation of a substantially new assessment instrument, the provisions in paragraphs (2) and (3) of subsection (b) of Code Section 20-2-283 shall not apply. (c) The State Board of Education shall have the authority to condition the awarding of a high school diploma to a student upon achievement of satisfactory scores on instruments or tests adopted and administered by the state board pursuant to subsection (a) of this Code section and the end-of-course assessments adopted and administered by the state board pursuant to subsections (f) and (h) of this Code section. The state board is authorized and directed to adopt regulations providing that any disabled child, as defined by the provisions of this article, shall be afforded opportunities to take any test adopted by the state board as a condition for the awarding of a high school diploma. Said Such regulations shall further provide for appropriate accommodations in the
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administration of such test. Said Such regulations shall further provide for the awarding of a special education diploma to any disabled student who is lawfully assigned to a special education program and who does not achieve a passing score on said such test or who has not completed all of the requirements for a high school diploma but who has nevertheless completed his or her Individualized Education Program.
(d)(1) The State Board of Education shall develop or adopt alternate assessments to be administered to each student receiving special education services pursuant to Code Section 20-2-152 who does not receive instruction in the essential knowledge and skills identified in the quality core curriculum developed pursuant to Code Section 202-140 those students with significant cognitive disabilities, receiving special education services pursuant to Code Section 20-2-152, who cannot access the state adopted content standards without appropriate accommodations to those standards and for whom the assessment instruments adopted under subsection subsections (a) and (f) of this Code section, even with allowable modifications accommodations, would not provide an appropriate measure of student achievement, as determined by the student's Individualized Education Program team. A student's Individualized Education Program may serve as an alternate assessment for that student. (2) A student's Individualized Education Program team shall determine appropriate participation in assessment and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act and state board regulations. (e) The State Board of Education is authorized to adopt rules, regulations, policies, and procedures regarding accommodations and the participation of limited-Englishproficient students, as defined in Code Section 20-2-156, in the assessments described in this Code section. (f) The State Board of Education shall adopt end-of-course assessments for students in grades nine through 12 for all core subjects to be determined by the state board. For those students with an Individualized Education Program, the student's Individualized Education Program team shall determine appropriate participation in assessments and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act and state board regulations. (g) Under rules adopted by the State Board of Education, the Department of Education shall, subject to appropriations by the General Assembly, release some or all of the questions and answers to each criterion-referenced competency test end-of-grade assessment administered under subsection (a) of this Code section and each end-ofcourse assessment administered under subsection (e) (h) of this Code section after the last time the instrument such assessment is administered for a school year. (h) The State Board of Education, through the Department of Education, shall administer the end-of-course assessments for core subject areas as defined by state board policy. The state board shall promulgate a schedule for the development and administration of all end-of-course tests. By the 2015-2016 school year, the State Board of Education shall make all end-of-course assessments available online and shall
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establish rules and regulations to maximize the number of students and school systems utilizing such online assessments. (i) The Department of Education shall develop study guides for the criterion-referenced tests end-of-grade assessments and end-of-course assessments administered pursuant to subsections (a) and (f) (h) of this Code section. Each school system shall distribute the study guides to students who do not perform satisfactorily on one or more parts of an assessment instrument administered under this Code section and to the parents or guardians of such students.
(j)(1) The high school graduation test provided for in subsection (a) of this Code section shall continue in effect until all high school core subject end-of-course assessments have been developed and implemented, at which time the state board shall discontinue the test according to a schedule to be determined by the state board. (2) The State Board of Education shall adopt rules and regulations requiring the results of core subject end-of-course assessments to be included as a factor in a student's final grade in the core subject course for which the end-of-course assessment is given. (k)(1) In addition to the assessment instruments adopted by the State Board of Education and administered by the Department of Education, a local school system may adopt and administer criterion-referenced or norm-referenced assessment instruments, or both, at any grade level. Such locally adopted assessment instruments may not replace the state's adopted assessment instruments for purposes of state accountability programs, except as otherwise provided in paragraph (2) of this subsection. A local school system shall be responsible for all costs and expenses incurred for locally adopted assessment instruments. Students with Individualized Education Programs must be included in the locally adopted assessments or provided an alternate assessment in accordance with the federal Individuals with Disabilities Education Act. (2) The State Board of Education shall have the authority to grant waivers until Fiscal Year 2003 to local boards of education exempting said boards from the administration of the state criterion-referenced competency tests at any or all of the subject areas and grade levels for which the local board of education implements a locally developed criterion-referenced competency test or tests based on the Quality Core Curriculum which increases the expectations for student achievement beyond that of the applicable state criterion-referenced competency test or tests and meets all other requirements of this Code section, including reliability and validity requirements, with the exception of subsection (g) of this Code section. Local boards of education with such waivers shall submit to the State Board of Education school and local school system score reports of the locally developed criterion-referenced competency tests. (l) In adopting academic skills assessment instruments under this Code section, the State Board of Education or local school system shall ensure the security of the instruments in their preparation, administration, and scoring. Notwithstanding any other provision of law, meetings or portions of meetings held by the state board or a local board of education at which individual assessment instruments or assessment
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instrument items are discussed or adopted shall not be open to the public, and the assessment instruments or assessment instrument items shall be confidential. (m) The results of individual student performance on academic skills assessment instruments administered under this Code section shall be confidential and may be released only in accordance with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g. (n) Overall student performance data shall be disaggregated by ethnicity, sex, socioeconomic status, disability, language proficiency, grade level, subject area, school, system, and other categories determined by policies established by the Office of Student Achievement. (o) Student performance data shall be made available to the public, with appropriate interpretations, by the State Board of Education, the Office of Student Achievement, and local school system. The information made available to the public shall not contain the names of individual students or teachers. (p) Teachers in grades one kindergarten through grade 12 shall be offered the opportunity to participate annually in a staff development program on the use of tests within the instructional program designed to improve students' academic achievement. This program shall instruct teachers on curriculum alignment related to tests, disaggregated student test data to identify student academic weaknesses by subtests, and other appropriate applications as determined by the State Board of Education. (q) The State Board of Education shall consider the passage by a student of an industry certification examination or a state licensure examination which is approved by the State Board of Education or a COMPASS score approved by the State Board of Education when considering whether to grant such student a variance for or a waiver of one or more portions of the high school graduation test required by the State Board of Education pursuant to subsection (a) of this Code section in order to obtain a Georgia high school diploma; provided, however, that the state board shall not grant a variance to a student unless the student has attempted and failed to pass the relevant portion of the high school graduation test at least four times."
SECTION 26. Said chapter 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.
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(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 or satisfactory business experience. 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. (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 27. Said chapter is further amended by revising subsection (a) of Code Section 20-2-306, relating to honors program and residential high school program, as follows:
"(a) The State Board of Education Office of Student Achievement is authorized to inaugurate continue and administer an honors program for students in the public and private high schools of this state and for resident students who attend a home school study program who have manifested exceptional abilities or unique potentials or who
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have made exceptional academic achievements. This program shall be conducted during summer months between normal school year terms at institutions of higher learning or other appropriate centers within this state with facilities adequate to provide challenging opportunities for advanced study and accomplishments by such students. The student honors program shall be implemented and operated in accordance with criteria established by the state board Office of Student Achievement, and operating costs shall be paid by the state board Office of Student Achievement from funds made available for this purpose by the General Assembly. The state board Office of Student Achievement is authorized to enter into cooperative agreements with the Board of Regents of the University System of Georgia for operating and sharing the costs of such programs."
SECTION 28. Said chapter is further amended by revising Code Section 20-2-314, relating to development of rape prevention, personal safety education, and teen dating violence prevention program, as follows:
"20-2-314. The State Board of Education shall develop, with input from appropriate experts, such as rape crisis centers and family violence shelters, a rape prevention and personal safety education program and a program for preventing teen dating violence for grade eight through grade 12 which are consistent with the core curriculum content standards provided for in Code Section 20-2-140. Local boards may implement such programs at any time and for any grade level local boards find appropriate, and the state board shall encourage the implementation of such programs. In addition, the state board shall make information regarding such programs available to the Board of Regents of the University System of Georgia."
SECTION 29. Said chapter is further amended by revising subsection (j) of Code Section 20-2-315, relating to the prohibition of gender discrimination, as follows:
"(j) The Department of Education shall may publish an annual report of local school systems to include information regarding expenditures and participation rates for each gender and such other information as the state board and department deem relevant."
SECTION 30. Said chapter is further amended by revising Code Section 20-2-319.1, relating to the Georgia Virtual School, as follows:
"20-2-319.1. (a) The State Board of Education is authorized to establish the Georgia Virtual School whereby students may enroll in state funded courses via the Internet or in any other manner not involving on-site interaction with a teacher. Any Georgia student who is age 21 or younger shall be eligible to enroll in the Georgia Virtual School, at no cost to the student. The State Board of Education is authorized to promulgate rules and
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regulations pertaining to the Georgia Virtual School. Such rules and regulations, if established, shall include, at a minimum, a process for students to enroll in Georgia Virtual School courses and a process whereby a student's grade in the course is reported on the student's transcript. All teachers who provide instruction through the Georgia Virtual School shall be certified by the Professional Standards Commission. A local school system shall not prohibit any student from taking a course through the Georgia Virtual School, regardless of whether the school in which the student is enrolled offers the same course.
(b)(1) The department is authorized to establish a Georgia Virtual School grant account with funds appropriated by the General Assembly. The department shall use funds from this such grant account to pay for costs associated with the Georgia Virtual School incurred by the department, including, but not limited to, actual costs associated with the maintenance of the Georgia Virtual School, such as new course development, credit recovery, blended learning training, and operating a clearinghouse clearing-house, and costs for tuition, materials, and fees for courses taken through the Georgia Virtual School by students in home study programs or private schools in this state. (2) The local school system shall pay to the department costs for tuition, materials, and fees directly related to the approved course taken by a student in its school system through the Georgia Virtual School; provided, however, that in no event shall the amount of tuition charged to and paid by the local school system on behalf of such student exceed $250.00 per student per semester course; and provided, further, that if a student participates in courses through the Georgia Virtual School that are in excess of the maximum number of courses a student may be enrolled in during a school day, such student shall be subject to the cost of tuition not to exceed $250.00 per student per semester course. (3) Students in home study programs and private schools in this state may enroll in courses through the Georgia Virtual School at no cost, if appropriations are provided for such purpose in accordance with paragraph (1) of this subsection. If appropriations are not provided or if appropriations are provided but have been expended for such purpose, students in home study programs and private schools in this state may enroll in courses through the Georgia Virtual School based on availability of slots; provided, however, that such students shall be subject to the cost of tuition not to exceed $250.00 per student per semester course. (c) The Georgia Virtual School shall not be considered a school for purposes of Article 2 of Chapter 14 of this title."
SECTION 31. Said chapter is further amended by revising paragraph (2) of subsection (b) of Code Section 20-2-319.3, relating to the online clearing-house of interactive distance learning courses, as follows:
"(2) 'Clearing-house' means the clearing-house established pursuant to subsection (b)(c) of this Code section."
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SECTION 32.
Said chapter is further amended by revising Code Section 20-2-319.4, relating to virtual instruction programs, notice of opportunities, mechanisms for compliance, approved providers, approval status, and curriculum plan, as follows:
"20-2-319.4. (a) Beginning with the 2013-2014 school year, each local school system shall provide opportunities to all students in grades three through 12 enrolled in public schools within its boundaries for participation in part-time and full-time virtual instruction program options. Written notice of such opportunities, including an open enrollment period for full-time students of at least 90 days and not ending earlier than 30 days prior to the first day of the school year, shall be provided directly to parents of all students. The purpose of the program shall be to make quality virtual instruction available to students using online and distance learning technology in the nontraditional classroom. The program shall provide at least three options for:
(1) Full-time virtual instruction for students enrolled in grades three through 12; and (2) Part-time virtual instruction for students enrolled in grades three through 12. A virtual instruction program conducted by a local school system shall include specific provision provisions for at least two full-time options and one part-time option for students enrolled in dropout prevention and academic intervention programs or Department of Juvenile Justice education programs under Code Section 20-2-133. (b) To provide students with the option of participating in virtual instruction programs as required by subsection (a) of this Code section, a local school system may apply one or all of the following mechanisms: (1) Facilitate enrollment in the Georgia Virtual School established pursuant to Code Section 20-2-319.1; (2) Facilitate enrollment in one or more courses pursuant to the clearing-house established pursuant to Code Section 20-2-319.3; (2)(3) Enter into a contract with an approved a provider under subsection (c) of this Code section for the provision of a full-time program under paragraph (1) of subsection (a) of this Code section or a part-time program under paragraph (2) of subsection (a) of this Code section; or (3)(4) Enter into an agreement with another local school system or systems to allow the participation of its students in an approved virtual instruction program provided by such other local school system or systems. The agreement shall indicate a process for the transfer of funds. Contracts and agreements entered into pursuant to paragraph (2)(3) or (3)(4) of this subsection may include multidistrict contractual arrangements that may be executed by a regional educational service agency for its member school systems. (c) The department shall annually provide local school systems with a list of providers approved to offer virtual instruction programs. To be approved by the department, a provider shall document that it: (1) Possesses prior, successful experience offering online courses to elementary, middle, or high school students, as demonstrated through quantified student
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performance improvements for each subject area and grade level provided for consideration as instructional program options; (2) Assures instructional and curricular quality through a detailed curriculum and student performance accountability plan that addresses every subject and grade level intended for provision within local school system contracts, including:
(A) Courses and programs that meet the nationally recognized standards for K-12 online learning; (B) Instructional content and services that align with and measure student attainment of proficiency in the state-approved curriculum; and (C) Mechanisms that determine and ensure that a student has satisfied requirements for grade level promotion and high school graduation with a standard diploma, as appropriate; and (3) Publishes, in accordance with disclosure requirements adopted by the State Board of Education, for the general public, as part of its application as a provider, and in all contracts negotiated pursuant to this Code section: (A) Information and data about each full-time and part-time program regarding its curriculum; (B) School policies and procedures; (C) Certification status of all administrative and instructional personnel; (D) Teacher-student ratios; (E) Student completion and promotion rates; and (F) Student, educator, and school performance accountability outcomes. (d) An approved provider shall retain its approved status for a period of five years after the date of the department's approval pursuant to subsection (c) of this Code section as long as the provider continues to comply with all requirements of this Code section; provided, however, that each provider approved by the department for the 2013-2014 school year shall reapply for approval to provide a part-time program for students in grades three through 12. (e)(c) Each contract entered into pursuant to paragraph (3) of subsection (b) of this Code section with an approved a provider shall at a minimum set forth a detailed curriculum plan that illustrates how students will be provided services for, and be measured for attainment of, proficiency in state curriculum requirements for content standards for each grade level and subject."
SECTION 33. Said chapter is further amended by repealing Code Section 20-2-319.5, relating to report on assisting local boards of education in acquiring digital learning, and designating said Code section as reserved.
SECTION 34. Said chapter is further amended by revising paragraph (5) of Code Section 20-2-326, relating to definitions relative to the "Building Resourceful Individuals to Develop Georgia's Economy Act," as follows:
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"(5) 'Focused program of study' means a rigorous academic core combined with a focus in mathematics and science; a focus in humanities, fine arts, and foreign language; or a coherent sequence of career pathway courses that is aligned with graduation requirements established by the State Board of Education and curriculum requirements content standards established pursuant to Part 2 of this article that prepares a student for postsecondary education or immediate employment after high school graduation."
SECTION 35. Said chapter is further amended by revising paragraph (1) of Code Section 20-2-329, relating to requirements for high schools that receive a reform grant, as follows:
"(1) Provide focused programs of study which are designed to provide a wellrounded education for students by fostering artistic creativity, critical thinking, and self-discipline through the teaching of academic content, knowledge, and skills that students will use in the workplace, further education, and life. The focused programs of study, whether provided at a choice technical high school, a college and career academy, a traditional high school, or on site at a technical school or college or a public college or university, shall be aligned with graduation requirements established by the State Board of Education and curriculum requirements content standards established pursuant to Part 2 of this article, including, at a minimum, four years of mathematics, Algebra I and higher, and four years of English, with an emphasis on developing reading and writing skills to meet college and career readiness standards;"
SECTION 36. Said chapter 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 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, the local school system in which 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; (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
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diploma or a general educational development diploma, but the parents or guardians may employ a tutor who holds a high school diploma or a general educational development diploma to teach such children; (4) The home study program shall provide a basic academic educational program which includes, but is not limited to, reading, language arts, mathematics, social studies, and science; (5) The home study program must provide instruction each 12 months to home study students equivalent to 180 school days of education with each school day consisting of at least four and one-half school hours unless the child is physically unable to comply with the rule provided for in this paragraph; (6) 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 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; (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 37. Said chapter is further amended by revising subsection (b) of Code Section 20-2-892, relating to contributions by employees, state, and local employers and withholding or deducting employees' contributions for health insurance for public school teachers, as follows:
"(b) As the local employer's share, the local employer shall contribute to the health insurance fund such portion of the cost of such benefits as may be established by the Governor and the board and, in addition thereto, an amount to be established by the board to defray the cost of administration. The board shall determine whether such portion shall be determined based upon a percentage of the total outlay for the salaries of teachers employed by the local employer or determined on an amount per employee electing coverage under the plan based on the coverage elected, in accordance with the
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appropriation of funds. If a local employer fails to remit the employer's share as calculated by the commissioner, as provided in this Code section, it shall be the duty of the commissioner to notify the State Board of Education of such failure and it shall be the duty of the State Board of Education to, with reasonable promptness, withhold from the employer which has failed to comply all appropriations allotted to such employer until such employer has fully complied with the provisions of this Code section by making remittance of the sums required sufficient state funds as calculated by the commissioner to fully satisfy the outstanding obligation of the local employer to the health insurance fund. Such withheld funds shall be promptly transmitted by the state board to the Department of Community Health."
SECTION 38. Said chapter is further amended by revising subsection (b) of Code Section 20-2-920, relating to withholding or deducting employees' contributions for health insurance for public school employees, as follows:
"(b) The Department of Education and local school systems shall contribute to the health insurance fund such portion of the costs of such benefits as may be established by the board to maintain the employee contributions consistent with other health insurance plans administered by the board. In the event that the commissioner shall determine that a local employer has failed to contribute the full amount of such portion, as calculated by the commissioner, it shall be the duty of the commissioner to notify the State Board of Education of such failure and it shall be the duty of the State Board of Education to, with reasonable promptness, withhold from the employer which has failed to comply all appropriations allotted to such employer until such employer has fully complied with the provisions of this Code section by making remittance of the sums required sufficient state funds as calculated by the commissioner to fully satisfy the outstanding obligation of the local employer to the health insurance fund. Such withheld funds shall be promptly transmitted by the state board to the Department of Community Health."
SECTION 39. Said chapter is further amended by revising subsection (b) of Code Section 20-2-942, relating to procedure for nonrenewal after acceptance by teacher of school year contract for fourth consecutive school year, as follows:
"(b)(1) A teacher who accepts a school year contract for the fourth consecutive school year from the same local board of education may be demoted or the teacher's contract may not be renewed only for those reasons set forth in subsection (a) of Code Section 20-2-940. (2) In order to demote or fail to renew the contract of a teacher who accepts a school year contract for the fourth or subsequent consecutive school year from the same local board of education, the teacher must be given written notice of the intention to demote or not renew the contract of the teacher. Such notice shall be given by certified mail or statutory overnight delivery as provided in subsection (c) of Code Section 20-2-
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940. Such notice shall contain a conspicuous statement in substantially the following form:
You have the right to certain procedural safeguards before you can be demoted or dismissed. These safeguards include the right to notice of the reasons for the action against you and the right to a hearing. If you desire these rights you must send to the school superintendent by certified mail or statutory overnight delivery a statement that you wish to have a hearing; and such statement must be mailed to the school superintendent within 20 days after this notice was mailed to you. Your rights are governed by subsection (b) of Code Section 20-2-211, Code Section 20-2940, and Code Sections 20-2-942 through 20-2-947, and a copy of this law is enclosed. A copy of subsection (b) of Code Section 20-2-211, Code Section 20-2-940, this Code section, and Code Sections 20-2-943 through 20-2-947 shall be enclosed with the notice. A teacher who is so notified that he or she is to be demoted or that his or her contract will not be renewed has the right to the procedures set forth in subsections (b) through (f) of Code Section 20-2-940 before the intended action is taken. A teacher who has the right to these procedures must serve written notice on the superintendent of the local board employing the teacher within 20 days of the day the notice of the intended action is served that he or she requests a hearing. In order to be effective, such written notice that the teacher requests implementation of such procedures must be served by certified mail or statutory overnight delivery as provided in subsection (c) of Code Section 20-2-940. Within 14 days of service of the request to implement the procedures, the local board must furnish the teacher a notice that complies with the requirements of subsection (b) of Code Section 20-2-940. (3) A teacher is deemed to have accepted a fourth consecutive school year contract if, while the teacher is serving under the third consecutive school year contract, the local board does not serve notice on the teacher by April 15 May 15 that it intends not to renew the teacher's contract for the ensuing school year, and the teacher does not serve notice in writing on the local board of education by May 1 June 1 of the third consecutive school year that he or she does not accept the fourth consecutive school year contract. (4) A teacher who has satisfied the conditions set forth in paragraph (1) of this subsection who is subsequently employed by another local board of education and who accepts a second consecutive school year contract from the local board at which the teacher is subsequently employed may be demoted or the teacher's contract may not be renewed only for those reasons set forth in subsection (a) of Code Section 202-940. The provisions set forth in paragraph (2) of this subsection shall likewise apply to such a teacher. (5) A teacher is deemed to have accepted a second consecutive school year contract if, while the teacher is serving under the first school year contract, the local board does not serve notice on the teacher by April 15 May 15 that it intends not to renew the teacher's contract for the ensuing school year, and the teacher does not serve
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notice in writing on the local board of education by May 1 June 1 of the first school year that he or she does not accept the second consecutive school year contract. (6) Local boards shall make contract offers available to teachers for a minimum tenday review period. A teacher accepts the contract by signing and returning it any time during the ten-day period.
(7)(A) Professional certificated personnel employed by a county or independent local school system that becomes consolidated with or merged into another county or independent local school system as provided in Article 8 of this chapter or otherwise shall retain their employment, except as provided in subparagraph (B) of this paragraph, in the newly created, or surviving, school system. Said Such professional certificated personnel shall retain and carry over all the rights already accrued and earned in the professional certificated personnel's prior school system and as set forth in this paragraph. (B) Any reductions in staff due to loss of students or cancellation of programs in the newly created, or surviving, school system necessitated by the consolidation or merger shall be made first in preference of retaining professional certificated personnel on the basis of uniformly applied criteria set forth in local school board policies of the newly created, or surviving, school system."
SECTION 40. Said chapter is further amended by revising subsection (b) of Code Section 20-2-1160, relating to local board tribunals to determine school law controversies, appeals, and special provisions for disabled children, as follows:
"(b) Any party aggrieved by a decision of the local board rendered on a contested issue after a hearing shall have the right to appeal therefrom to the State Board of Education. The appeal shall be in writing and shall distinctly set forth the question in dispute, the decision of the local board, and a concise statement of the reasons why the decision is complained of; and the party taking the appeal shall also file with the appeal a transcript of testimony certified as true and correct by the local school superintendent. The appeal shall be filed with the superintendent within 30 days of the decision of the local board, and within ten days thereafter it shall be the duty of the superintendent to transmit a copy of the appeal together with the transcript of evidence and proceedings, the decision of the local board, and other matters in the file relating to the appeal to the state board. The state board shall adopt regulations governing the procedure for hearings before the local board and proceedings before it. The state board may affirm, reverse, or remand the local board decision or may refer the matter to mediation."
SECTION 41. 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:
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(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; (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; provided, however, that if:
(A) A facility used for a charter school is owned or operated by any state agency or entity, and such facility or equipment purchased or used by the facility meets the safety standards of the state agency or entity 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 standards of a state agency or entity, and such facility or equipment purchased or used by the facility meets the safety standards of the state agency or entity 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 agency or entity 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; (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; 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; (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;
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(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 20-2-210 relating to annual performance evaluations; (13) Subject to the provisions of Code Section 20-2-211.1 relating to fingerprint and criminal background checks; and (13)(14) Subject to the provisions of subsection (c) of Code Section 20-2-327 relating to individual graduation plans."
SECTION 42. Said chapter is further amended in Code Section 20-2-2067.1, relating to amendment of terms of charter for charter schools, initial term of charter, and annual report by revising the introductory language of subsection (c) 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 November 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:"
SECTION 43. Said chapter is further amended by revising paragraph (2) of subsection (c) of Code Section 20-2-2084, relating to petition for charter schools, requirements of school, governing board membership, and annual training, as follows:
"(2) For petitions for state charter schools with a defined attendance zone, the petitioner shall concurrently submit such petition to the commission, to the local board of education in which the school is proposed to be located, and to each local school system from which the proposed school plans to enroll students. The commission shall not act on a petition unless the local board of education in which the school is proposed to be located denies the petition; provided, however, that such local board shall approve or deny the petition no later than 60 90 days after its submission, as required pursuant to subsection (b) of Code Section 20-2-2064, unless the petitioner requested an extension. Failure to approve or deny such petition by such local board, in violation of Code Section 20-2-2064, shall be deemed a denial for purposes of this paragraph. A local board that has denied a petition for a state charter school shall be permitted to present to the commission in writing or in person the reasons for denial and the deficiencies in such petition resulting in such denial."
SECTION 44. Said chapter is further amended by revising subsection (a) of Code Section 20-2-2089, relating to funding for state charter schools, as follows:
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"(a)(1) The earnings for a student in a state charter school shall be equal to the earnings for any other student with similar student characteristics in a state charter school, regardless of the local school system in which the student resides or the school system in which the state charter school is located, and, except as otherwise provided in paragraph (2) of this subsection, the department shall pay to each state charter school through appropriation of state funds an amount equal to the sum of:
(A)(i) QBE formula earnings and QBE grants earned by the state charter school based on the school's enrollment, school profile, and student characteristics. For purposes of this subparagraph, the term 'QBE formula earnings' means funds earned for the Quality Basic Education Formula pursuant to Code Section 20-2161, including the portion of such funds that are calculated in accordance with Code Section 20-2-164. QBE formula earnings shall include the salary portion of direct instructional costs, the adjustment for training and experience, the nonsalary portion of direct instructional costs, and earnings for psychologists and school social workers, school administration, facility maintenance and operation, media centers, additional days of instruction in accordance with Code Section 20-2184.1, and staff development, as determined by the department. (ii) A proportional share of earned state categorical grants, non-QBE state grants, transportation grants, school nutrition grants, and all other state grants, except state equalization grants, as determined by the department; (B) The average amount of the total revenues less federal revenues less state revenues other than equalization grants per full-time equivalent for the lowest five school systems ranked by assessed valuation per weighted full-time equivalent count, as determined by the department; and (C) The state-wide average total capital revenue per full-time equivalent, as determined by the department. (2) In the event that a state charter school offers virtual instruction: (A) The amount of funds received pursuant to subparagraph (B) of paragraph (1) of this subsection shall be equal to two-thirds of such calculated amount; provided, however, that this two-thirds amount may be increased by any amount up to the originally calculated amount in the discretion of the commission if relevant factors warrant such increase; and (B) The commission may reduce the amount of funds received pursuant to subparagraph (C) of paragraph (1) of this subsection in proportion to the amount of virtual instruction provided and based on factors that affect the cost of providing instruction on a proportional basis if the school fails to provide documentation confirming its capital expenditures per full-time equivalent are greater than or equal to the state-wide average. (3) Any funds deducted from a state charter school pursuant to Code Section 20-2164, representing the equivalent of a local school system's five mill share, shall be calculated based only on funds received pursuant to subparagraph (B) of paragraph (1) of this subsection. For a state charter school that offers virtual instruction, the amount of the deduction shall be reduced by one-third, unless the commission has
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increased the school's calculated amount pursuant to subparagraph (A) of paragraph (2) of this subsection, in which case the deduction shall be proportionate to the amount of funding received. (3)(4) For purposes of this subsection, the terms:
(A) 'Assessed valuation' is defined as 40 percent of the equalized adjusted property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164. (B) 'Assessed valuation per weighted full-time equivalent count' is defined as the assessed valuation for the most recent year available divided by the weighted fulltime equivalent count for the year of the digest."
SECTION 45.
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), is repealed in its entirety.
SECTION 46. All laws and parts of laws in conflict 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 Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M.
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Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley
Greene Y Hamilton
Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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.
HB 527. By Representatives Willard of the 51st, Jones of the 47th, Bruce of the 61st, Wilkinson of the 52nd, Beskin of the 54th and others:
A BILL to be entitled an Act to repeal an Act entitled "An Act to repeal an Act entitled 'An Act to provide for a budget in all counties in this state having a population of two hundred thousand or more by the United States census of 1930, or by any future census; to define the word 'authorities' as used herein; for the publication of the proposed budget, the adoption of the budget and publication of the final budget as adopted... and for other purposes,' approved March 16, 1939, appearing in Georgia Laws 1939 pp. 272-276, and all Acts amendatory thereto; and for other purposes" approved March 2, 1953 (Ga. L. 1953, p. 2815), and all Acts amendatory thereto; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To repeal an Act entitled "An Act to repeal an Act entitled 'An Act to provide for a budget in all counties in this state having a population of two hundred thousand or more by the United States census of 1930, or by any future census; to define the word 'authorities' as used herein; for the publication of the proposed budget, the adoption of the budget and publication of the final budget as adopted... and for other purposes,' approved
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March 16, 1939, appearing in Georgia Laws 1939 pp. 272-276, and all Acts amendatory thereto; and for other purposes" approved March 2, 1953 (Ga. L. 1953, p. 2815), and all Acts amendatory thereto; to provide for the nonrevival of a previously repealed Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act entitled "An Act to repeal an Act entitled 'An Act to provide for a budget in all counties in this state having a population of two hundred thousand or more by the United States census of 1930, or by any future census; to define the word 'authorities' as used herein; for the publication of the proposed budget, the adoption of the budget and publication of the final budget as adopted... and for other purposes,' approved March 16, 1939, appearing in Georgia Laws 1939 pp. 272-276, and all Acts amendatory thereto; and for other purposes" approved March 2, 1953 (Ga. L. 1953, p. 2815), and all Acts amendatory thereto, are hereby repealed.
SECTION 2. The repeal of Act No. 350, approved March 2, 1953 (Ga. L. 1953, p. 2815), as provided by Section 1 of this Act shall not have the effect of reviving Act No. 194, approved March 16, 1939 (Ga. L. 1939, p. 272).
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 Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly
Y Coomer Y Cooper Y Corbett 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 Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard
Hugley Y Jackson Y Jacobs Y Jasperse
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J
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 Tankersley Y Tanner Y Tarvin Y Taylor, D
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Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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.
HR 394. By Representatives Nix of the 69th, Ehrhart of the 36th, Rogers of the 29th, Battles of the 15th, Dickson of the 6th and others:
A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to provide for distribution of the net proceeds of a sales and use tax for educational purposes between a county school system and one or more independent school systems located in such county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to provide for distribution of the net proceeds of a sales and use tax for educational purposes between a county school system and one or more independent school systems located in such county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
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SECTION 1.
Article VIII, Section VI, Paragraph IV of the Constitution is amended by revising subparagraph (g) as follows:
"(g) The net proceeds of the tax shall be distributed to the school system or systems in which the tax is collected; provided, however, that if such a tax is simultaneously collected by a county school system and one or more participating independent school systems within such county, then the net proceeds of the tax shall be distributed between the county school district system and the participating independent school districts system or systems, or portion thereof, located in such county according to an agreement between the county school system and the independent school system or systems or, if no agreement can be reached, according to the ratio the student enrollment in each school district system, or portion thereof, bears to the total student enrollment of all school districts systems in the county or upon such other formula for distribution as may be authorized by local law. For purposes of this subparagraph, student enrollment shall be based on the latest FTE full-time equivalent count prior to the referendum on imposing the tax."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended so as to assure that the sales and use tax for education is distributed fairly on a per student basis
( ) NO among all the school systems within a county unless an agreement is reached among such school systems for a different distribution?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles
N Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal
N Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R
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E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter N Casas Y Chandler Y Cheokas N Clark, D Y Clark, H Y Clark, V N Coleman N Cooke
Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S E Jordan Y Kaiser N Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Stephenson Y Stovall N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 164, nays 8.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
HB 338. By Representatives Lumsden of the 12th, Hitchens of the 161st, Tanner of the 9th, Caldwell of the 131st, Powell of the 32nd and others:
A BILL to be entitled an Act to amend Title 15 and Article 1 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to courts and the uniform traffic citation and complaint form, respectively, so as to provide for the collection of a fee to defray the costs associated with using electronic citations; to provide for definitions; to provide for the Electronic Citation Fund; to provide for procedures; to provide for a cause of action under certain circumstances; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
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2457
Representatives Lumsden of the 12th, Ramsey of the 72nd, and Rice of the 95th offer the following amendment:
Amend HB 338 (LC 29 6267ER) by replacing line 69 with the following: implementation of the electronic citation system, including the
By replacing "2024" with "2020" on line 91.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
N Abrams N Alexander N Allison N Anderson
Atwood N Ballinger N Barr N Battles E Beasley-Teague N Bell N Belton N Bennett E Bentley N Benton N Beskin Y Beverly Y Broadrick N Brockway N Brooks N Bruce N Bryant N Buckner N Burns N Caldwell, J N Caldwell, M N Cantrell N Carson Y Carter N Casas Y Chandler N Cheokas N Clark, D N Clark, H N Clark, V N Coleman N Cooke
Y Coomer N Cooper Y Corbett N Dawkins-Haigler N Deffenbaugh Y Dempsey N Dickerson N Dickey Y Dickson N Dollar N Douglas N Drenner N Dudgeon N Dukes N Dunahoo N Duncan N Ealum N Efstration N Ehrhart N England Y Epps N Evans Y Fleming N Floyd N Fludd N Frazier Y Frye N Gardner N Gasaway Y Geisinger E Glanton E Golick N Gordon Y Gravley N Greene N Hamilton
Y Harbin N Harden N Harrell Y Hatchett N Hawkins N Henson N Hightower Y Hitchens N Holcomb N Holmes N Houston N Howard N Hugley N Jackson N Jacobs Y Jasperse Y Jones, J N Jones, J.B. E Jones, L N Jones, S E Jordan N Kaiser N Kelley N Kendrick N Kidd N Kirby Y Knight Y LaRiccia Y Lumsden N Mabra
Marin N Martin Y Maxwell N Mayo N McCall N McClain
Y Meadows N Mitchell N Morris N Mosby Y Nimmer N Nix N Oliver
O'Neal N Pak N Parrish N Parsons Y Peake N Petrea N Pezold Y Powell, A Y Powell, J Y Prince N Pruett N Quick N Raffensperger N Rakestraw Y Ramsey N Randall Y Reeves N Rhodes Y Rice N Roberts N Rogers, C N Rogers, T N Rutledge N Rynders N Scott Y Setzler N Sharper N Shaw
Sims
Y Smith, E N Smith, L N Smith, M Y Smith, R N Smyre N Spencer N Stephens, M
Stephens, R N Stephenson N Stovall N Stover Y Strickland N Tankersley Y Tanner N Tarvin
Taylor, D Y Taylor, T N Teasley N Thomas, A.M. N Thomas, E N Trammell N Turner N Waites N Watson N Welch N Weldon N Werkheiser N Wilkerson Y Wilkinson
Willard N Williams, A N Williams, C N Williams, E N Williamson Y Yates
Ralston, Speaker
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On the passage of the Bill, as amended, the ayes were 39, nays 127.
The Bill, having failed to receive the requisite constitutional majority, was lost.
HB 303. By Representatives Hightower of the 68th, Mabra of the 63rd, Kelley of the 16th, Atwood of the 179th, Weldon of the 3rd and others:
A BILL to be entitled an Act to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motorist coverage under motor vehicle liability policies, so as to change provisions relating to the recovery when an insurer refuses to pay for a loss within 60 days after a demand has been made by the insured and a finding has been made that such refusal was made in bad 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 Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motorist coverage under motor vehicle liability policies, so as to change provisions relating to the recovery when an insurer refuses to pay for a loss within 60 days after a demand has been made by the insured and a finding has been made that such refusal was made in bad faith; 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 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motorist coverage under motor vehicle liability policies, is amended by revising subsection (j) as follows:
"(j)(1) If the insurer shall refuse to pay any insured any loss covered by this Code section and the applicable automobile liability or motor vehicle liability policy within 60 days after a written demand has been made by the insured and a finding has been made that such refusal was made in bad faith, the insurer shall be liable to the insured in addition to any recovery under this Code section for not more than 25 percent of the recovery and all reasonable attorney's fees for the prosecution of the case under this Code section. for:
(A) Damages equal to the applicable policy limits or the principal balance of the judgment rendered against the uninsured motorist in the original tort action, whichever amount is less;
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(B) If the fact finder determines that the insurer's refusal to pay the insured was made in bad faith, a penalty of $25,000.00 or 25 percent of the damages set forth in subparagraph (A) of this paragraph, whichever amount is greater; and (C) Postjudgment interest on the damages provided in subparagraph (A) of this paragraph pursuant to Code Section 7-4-12 calculated from the date of entry of the judgment against the uninsured motorist in the original tort action. (2) When an insured has prevailed on a claim pursuant to subparagraph (B) of paragraph (1) of this subsection, the court in its discretion may hold the insurer liable to the insured for reasonable attorney's fees and expenses of litigation for the prosecution of the case under this Code section that were incurred after the sixtieth day of the demand made by the insured. (3) The amounts set forth in paragraph (1) of this subsection and the question of bad faith, the amount of the penalty, if any, and the reasonable attorney's fees, if any, shall be determined in a separate action filed by the insured against the insurer after a judgment has been rendered against the uninsured motorist in the original tort action. The attorney's fees shall be fixed on the basis of competent expert evidence as to the reasonable value of the services, based on the time spent and legal and factual issues involved, in accordance with prevailing fees in the locality where the action is pending. The trial court shall have the discretion, if it finds such jury verdict fixing attorney's fees to be greatly excessive or inadequate, to review and amend such portion of the verdict fixing attorney's fees without the necessity of disapproving the entire verdict. The limitations contained in this subsection in reference to the amount of attorney's fees are not controlling as to the fees which may be agreed upon by the plaintiff and his attorney for the services of the attorney in the action against the insurer. (4) Payment of the amounts provided in paragraph (1) of this subsection shall fully discharge the insurer's obligations under the judgment entered against the uninsured motorist in the original tort action. Payment of the damages provided in subparagraph (A) of paragraph (1) of this subsection shall reduce the principal amount of such judgment. Payment of the postjudgment interest provided in subparagraph (C) of paragraph (1) of this subsection shall reduce the postjudgment interest owed on such judgment."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
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Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell N Carson N Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Cooper
N Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
N Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby
Knight N LaRiccia Y Lumsden Y Mabra Y Marin Y Martin
Maxwell Y Mayo N McCall Y McClain
Meadows Y Mitchell N Morris Y Mosby N Nimmer Y Nix Y Oliver
O'Neal N Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper N Shaw Y Sims
Y Smith, E Y Smith, L Y Smith, M E Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner N Tarvin
Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites N Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson N 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 153, nays 14.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
House of Representatives State Capitol Room 436
Atlanta, GA 30334
March 11, 2015
Mr. William Reilly, Clerk of the House Georgia House of Representatives Office of the Clerk
WEDNESDAY, MARCH 11, 2015
2461
309 State Capitol Atlanta, GA 30334
Dear Mr. Reilly,
This letter is to ask that it be recorded in the Legislative Record that I would like to be noted as a "yes" vote on HB 303 Uninsured motorist coverage.
Thank you for your time and consideration.
Sincerely,
/s/ Sharon Cooper District 43
By unanimous consent, the following Bills of the House, having been previously postponed, were again postponed until the next legislative day:
HB 16. By Representative Prince of the 127th:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain programs and activities under the "Quality Basic Education Act," so as to provide that no high school which receives funding under Article 6 of Chapter 2 of Title 20, the "Quality Basic Education Act," shall participate in or sponsor interscholastic sports events conducted by any athletic association unless the association allows students enrolled in magnet schools to tryout for and participate on athletic teams of their resident school under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 476. By Representatives Fludd of the 64th, Bruce of the 61st, Bell of the 58th, Mabra of the 63rd, Kaiser of the 59th and others:
A BILL to be entitled an Act to repeal the amendment to the Constitution of Georgia creating within Fulton County the Fulton County Industrial District and prohibiting the governing authority of Fulton County from levying any tax for educational purposes within such district; to provide for a referendum with respect to the effectiveness of the foregoing; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes.
HB 514. By Representatives Bruce of the 61st, Fludd of the 64th, Kaiser of the 59th, Mabra of the 63rd, Jones of the 53rd and others:
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A BILL to be entitled an Act to incorporate the City of South Fulton in Fulton County; to repeal conflicting laws; and for other purposes.
Representative O'Neal of the 146th moved that the House do now adjourn until 9:30 o'clock, A.M., Friday, March 13, 2015, and the motion prevailed.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the Speaker announced the House adjourned until 9:30 o'clock, A.M., Friday, March 13, 2015.
FRIDAY, MARCH 13, 2015
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Representative Hall, Atlanta, Georgia
Friday, March 13, 2015
Thirtieth 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 Atwood Ballinger Barr Battles E Beasley-Teague Bell Belton Bennett Bentley Benton Beskin Beverly Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter Chandler Cheokas Clark, H Clark, V Coleman Cooke Coomer
Cooper Corbett Deffenbaugh Dempsey Dickerson Dickey Dickson Douglas Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway Geisinger E Glanton E Golick Gordon Gravley Greene Hamilton Harbin Harden
Harrell Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. E Jones, L Jones, S Jordan Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lumsden Mabra Marin Martin Maxwell Mayo McCall McClain
Meadows Mitchell Morris Nimmer Nix O'Neal Pak Parrish Parsons Petrea Pezold Powell, A Powell, J Prince Pruett Quick Raffensperger Rakestraw E Ramsey Randall Reeves Rhodes Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Sharper Shaw Sims Smith, E
Smith, L Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner Waites Watson Welch Weldon Werkheiser Wilkerson E 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, Casas of the 107th, Dollar of the 45th, Jacobs of the 80th, Mosby of the 83rd, Oliver of the 82nd, Peake of the 141st, Setzler of the 35th, and Stovall of the 74th.
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They wished to be recorded as present.
Prayer was offered by Reverend Ed Rees, Pastor, St. Andrews Presbyterian Church, Augusta, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 504 Coverdell Legislative Office Building
Atlanta, Georgia 30334
March 12, 2015
Mr. Bill Reilly Clerk of the House 309 State Capitol Building Atlanta, GA 30334
RE; HB 408
Dear Mr. Reilly:
On Wednesday, March 11, 2015, I attempted to be recognized on the floor to by pressing the button, so as to excuse myself from voting on HB 408. I am unable to vote on HB 408 as my family is in the Hotel/Motel business.
Thank you for your consideration this matter.
Sincerely,
/s/ John Pezold John Pezold, Representative House District 133
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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 589. By Representatives Evans of the 42nd, Carson of the 46th, Wilkerson of the 38th, Smith of the 41st, Reeves of the 34th 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 12, 2008 (Ga. L. 2008, p. 3732), so as to change the compensation of the judge of the probate court; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 590. By Representatives Hitchens of the 161st, Lumsden of the 12th, Greene of the 151st and Tanner of the 9th:
A BILL to be entitled an Act to amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Peace Officers' Annuity and Benefit Fund, so as to provide that certified jailers shall be eligible for membership in such fund; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
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HB 591. By Representatives Hitchens of the 161st and Lumsden of the 12th:
A BILL to be entitled an Act to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to increase the amount of membership dues; to provide for a premium tax on motor vehicle liability and casualty insurance policies; to provide for payment of such funds to the retirement fund; to provide for reporting; to provide for penalties for noncompliance; to provide for related matters; 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 592. By Representatives Harrell of the 106th and Setzler of the 35th:
A BILL to be entitled an Act to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to provide for the profession of professional structural engineer; to provide for definitions; to provide for continuing education requirements; to provide for unlawful practices; to provide for the issuance of certificates of registration for such professionals; to provide for registration by comity; to provide for certificates of registration; to provide for use of a seal; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 593. By Representatives Hawkins of the 27th, Maxwell of the 17th, Rakestraw of the 19th, Harrell of the 106th, Powell of the 32nd and others:
A BILL to be entitled an Act to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to authorize the Division of Low-voltage Contractors to require continuing education; to provide for waiver of continuing education requirements under certain circumstances; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
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2467
HB 594. By Representative Kidd of the 145th:
A BILL to be entitled an Act to authorize the governing authority of Baldwin 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 597. By Representatives Holcomb of the 81st, Oliver of the 82nd, Jacobs of the 80th, Kendrick of the 93rd, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), an Act approved March 20, 1990 (Ga. L. 1990, p. 3900), and an Act approved April 13, 1992 (Ga. L. 1992, p. 6137), so as to change the jurisdiction of the Board of Ethics of DeKalb County; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 598. By Representatives Holcomb of the 81st, Oliver of the 82nd, Jacobs of the 80th, Kendrick of the 93rd, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), and an Act approved May 23, 2007 (Ga. L. 2007, p. 4073), so as to provide for the manner of purchasing by DeKalb County; to provide for procedures and limitations; to provide for certain disclosures and publications; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 599. By Representatives Holcomb of the 81st, Oliver of the 82nd, Jacobs of the 80th, Kendrick of the 93rd, Mitchell of the 88th and others:
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A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), so as to provide for independent internal audits for DeKalb County; to provide for procedures, policies, and limitations; to provide for certain reports; to provide for funding; to provide for oversight; 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 Ehrhart of the 36th, Cooper of the 43rd, Evans of the 42nd, Wilkerson of the 38th, Carson of the 46th 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. 3723), so as to revise the compensation of the solicitor-general of Cobb County; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 601. By Representatives Hightower of the 68th, Cooke of the 18th, Nix of the 69th and Smith of the 70th:
A BILL to be entitled an Act to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of the net proceeds of such tax among the Carroll County School District and the independent school districts located wholly or partially within Carroll County, including particularly the Carrollton Independent School System and the Bremen Public School System; to provide for authority under Article VIII, Section VI, Paragraph IV of the Constitution; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 602. By Representatives Willard of the 51st, Dollar of the 45th, Martin of the 49th, Jacobs of the 80th, Jones of the 47th and others:
A BILL to be entitled an Act to amend an Act providing in Fulton County a system for pension and retirement to pay teachers and employees of the
FRIDAY, MARCH 13, 2015
2469
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), an Act approved April 11, 2012 (Ga. L. 2012, p. 4982), and an Act approved May 6, 2013 (Ga. L. 2013, p. 4026), so as to provide that contributions made into the pension and retirement plan by employees shall be considered employer contributions for tax purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 603. By Representatives Willard of the 51st, Dollar of the 45th, Martin of the 49th, Jacobs of the 80th, Jones of the 47th and others:
A BILL to be entitled an Act to amend an Act providing in Fulton County a system for pension and retirement to pay 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), so as to revise disability pension benefit eligibility for new plan members in certain instances; to provide an offset of disability benefits by any workers' compensation indemnity benefits related to loss of income for new plan members; to limit the effect of workers' compensation or similar laws on the plan; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 604. By Representative Sharper of the 177th:
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 provide for an exception to the renewal fee requirements for certain persons who are retired law enforcement officers in the renewal of noncommercial drivers' licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 605. By Representatives Weldon of the 3rd and Welch of the 110th:
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
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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 606. By Representatives Kirby of the 114th, Dollar of the 45th, Stover of the 71st, Caldwell of the 20th, Yates of the 73rd and others:
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 provide that retail dealers may purchase up to 15 percent of their inventory of beer and wine directly from wineries and breweries without utilizing a wholesale dealer; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 607. By Representatives Kirby of the 114th, Dollar of the 45th, Stover of the 71st, Caldwell of the 20th, Brockway of the 102nd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to alcoholic beverages, so as to define certain terms; to provide that beer and wine clubs may ship a certain quantity of alcoholic beverage into the state without the payment of state taxes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 608. By Representatives Kirby of the 114th, Dollar of the 45th, Stover of the 71st, Caldwell of the 20th, Yates of the 73rd and others:
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 provide that the owner of two or more licensed retail facilities located in two or more wholesalers' territories may select one such wholesaler to service all such retail facilities; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 609. By Representatives Caldwell of the 20th, Yates of the 73rd and Rice of the 95th:
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2471
A BILL to be entitled an Act to amend Code Section 40-2-84 of the Official Code of Georgia Annotated, relating to license plates for veterans awarded Purple Heart, so as to provide for free revalidation decals for such license plates; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 619. By Representative Battles of the 15th:
A RESOLUTION honoring the life and memory of Mr. Henry Carlton Floyd and dedicating a road in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 620. By Representative Drenner of the 85th:
A RESOLUTION urging local boards of education in Georgia to provide educational awareness regarding renewable energy; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HR 640. By Representatives Broadrick of the 4th, Gardner of the 57th, Tanner of the 9th, Clark of the 101st, Jasperse of the 11th and others:
A RESOLUTION creating the Joint Study Committee on Health, Education, and School-Based Health Centers; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 641. By Representatives Dempsey of the 13th, Epps of the 144th, Harden of the 148th, Cooper of the 43rd, Oliver of the 82nd and others:
A RESOLUTION creating the Joint Study Committee on Children's Mental Health; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 642. By Representatives Dempsey of the 13th, Epps of the 144th, Harden of the 148th, Cooper of the 43rd, Oliver of the 82nd and others:
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A RESOLUTION creating the Joint Study Committee on Postsecondary Education and Employment Options for Individuals with Intellectual and Developmental Disabilities; and for other purposes.
Referred to the Committee on Higher Education.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 570 HB 572 HB 574 HB 576 HB 579 HB 581 HB 583 HB 585 HB 587 HB 595 HR 599 HR 601 HR 613 SB 69 SB 134 SB 168 SB 182
HB 571 HB 573 HB 575 HB 577 HB 580 HB 582 HB 584 HB 586 HB 588 HB 596 HR 600 HR 612 HR 618 SB 132 SB 156 SB 175 SR 296
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 216 Do Pass, by Substitute
Respectfully submitted, /s/ Hamilton of the 24th
Chairman
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Representative Smith of the 70th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 101 Do Pass
Respectfully submitted, /s/ Smith of the 70th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR FRIDAY, MARCH 13, 2015
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 30th Legislative Day as enumerated below:
DEBATE CALENDAR
Open Rule
HB 297
Professional licensing boards; make designations for the receipt and processing of applications for examination; provide (RegI-Beskin-54th)
Modified Open Rule
HB 21 HB 322 HB 474 HB 510
Transit authority; creation of; metropolitan areas; repeal a population provision (Trans-Carson-46th) Foreclosure; provide for recording of deeds under power within a certain time after sale; provisions (Substitute)(Judy-Strickland-111th) Charter schools; enrollment priorities for educationally disadvantaged students and military students; provide (Substitute)(Ed-Kaiser-59th) Georgia Sports Commission Fund; create; provisions (ED&T-Stephens164th)
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Modified Structured Rule
HB 48
HB 131 HB 268 HB 342 HB 343 HB 375
HB 393
HB 436 HB 443 HR 36 HR 215 HR 519
Special license plates; include surviving spouse of a sibling of service member killed in action; extend eligibility (Substitute)(MotV-Coleman97th) The End to Cyberbullying Act; enact (Substitute)(Ed-Dickerson-113th) Child abuse; mandatory reporters; change provisions (Substitute)(JuvJBallinger-23rd) Nursing homes; violation of certain regulations shall not constitute negligence per se; provide (Substitute)(Judy-Kelley-16th) Lamar County; Board of Education; members elected on nonpartisan basis; provide (IGC-Caldwell-131st) Motor vehicles; driving with suspended, canceled, or revoked registration; change provisions relating to plea of nolo contendre (JudyNC-Powell171st) Motor vehicles fair practices; restrictions on ownership, operation, or control of dealerships by manufacturers and franchisors; provide exception (Substitute)(MotV-Martin-49th) Georgia HIV/Syphilis Pregnancy Screening Act of 2015; enact (Substitute)(H&HS-Clark-101st) Voluntary Veterans' Preference Employment Policy Act; enact (I&LDempsey-13th) Staff Sergeant Shaun J. Whitehead Memorial Bridge; Jackson County; dedicate (Substitute)(Trans-Benton-31st) Judge Ronald L. Newton Memorial Highway; Fannin County; dedicate (Trans-Ralston-7th) Mixon, Mr. Harry; Mr. Brad Dorminy; name building in their honor; recognize (Substitute)(SP&CA-Roberts-155th)
Structured Rule
HB 94 HB 369 HB 426
HB 496
Ad valorem tax; certain members of armed forces from penalties for failure to timely pay tax; exempt (Substitute)(W&M-Williams-119th) Sales and use tax; distribution for educational purposes; change certain provisions (W&M-Nix-69th) Sales and use tax; provide new exemption only for limited period of time regarding tangible personal property to certain nonprofit health centers; provisions (Substitute)(W&M-Taylor-173rd) Ad valorem tax; the use of certain property for collection and conversion of solar energy shall not constitute a breach of conservation use covenants; provide (Substitute)(W&M-Hatchett-150th)
FRIDAY, MARCH 13, 2015
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Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 35. By Senators James of the 35th, Rhett of the 33rd, Parent of the 42nd, Jones of the 10th, Jackson of the 24th and others:
A BILL to be entitled an Act to amend Code Section 16-5-70 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to provide that leaving certain children in vehicles under certain circumstances constitutes cruelty to children in the third degree; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 59. By Senators Hill of the 6th, Mullis of the 53rd, Gooch of the 51st, Beach of the 21st and Hill of the 32nd:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 50 of the O.C.G.A., relating to state government, so as to provide for a "Partnership for Public Facilities and Infrastructure Act"; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 64. By Senators Hufstetler of the 52nd and Jones of the 10th:
A BILL to be entitled an Act to amend Code Section 15-11-2, Title 19, and Chapter 10 of Title 31 of the O.C.G.A., relating to definitions for the Juvenile Code, domestic relations, and vital records, respectively, so as to repeal voluntary acknowledgments of legitimation; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 76. By Senators Jackson of the 24th, Wilkinson of the 50th, Jones of the 25th, Bethel of the 54th, Miller of the 49th and others:
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A BILL to be entitled an Act to amend Code Section 40-6-20 of the Official Code of Georgia Annotated, relating to obedience to traffic-control devices, so as to provide for the safe operation of a motorcycle or lightweight motor vehicle through an inoperative traffic-control signal; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 99. By Senators Kennedy of the 18th, McKoon of the 29th, Jones of the 25th, Bethel of the 54th, Hill of the 32nd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of proceedings, so as to change provisions relating to reversal on appeal when a judge expresses an opinion regarding proof in a criminal case or as to the accused's guilt; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 111. By Senators Stone of the 23rd, Jeffares of the 17th, Jones of the 25th, Hufstetler of the 52nd, Kennedy of the 18th and others:
A BILL to be entitled an Act to amend Chapter 45 of Title 33 of the Official Code of Georgia Annotated, relating to continuing care providers and facilities, so as to define certain terms; to provide for a provider to offer continuing care at home; to repeal conflicting laws; and for other purposes.
SB 116. By Senators Ligon, Jr. of the 3rd, Gooch of the 51st, Millar of the 40th, Shafer of the 48th, Cowsert of the 46th 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 128. By Senators Kennedy of the 18th, Bethel of the 54th, Hill of the 32nd, Jones II of the 22nd and Parent of the 42nd:
A BILL to be entitled an Act to amend Article 8 of Chapter 2 of Title 14 of the O.C.G.A., relating to directors and officers, so as to enact reforms consistent with the Model Act; to change provisions relating to the functions of a board of directors; to change provisions relating to elections of directors; to change provisions relating to terms for directors; to change provisions relating to actions without meetings; to change provisions relating to committees; to
FRIDAY, MARCH 13, 2015
2477
change provisions relating to derivative actions; to change provisions relating to officers; to change provisions relating to functions of officers; to change provisions relating to resignation and removal of officers; to enact provisions relating to business opportunities; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 148. By Senators Kennedy of the 18th, Dugan of the 30th, Miller of the 49th, Jackson of the 24th, Bethel of the 54th and others:
A BILL to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to transfer the powers and responsibilities of the Governor's Office of Consumer Affairs to the Attorney General's office; to amend Titles 2, 16, 18, 31, 33, 35, 36, 43, and 46 of the Official Code of Georgia Annotated, relating to agriculture, crimes and offenses, debtors and creditors, health, insurance, law enforcement officers and agencies, local government, professions and businesses, and public utilities and public transportation, respectively, so as to conform to such transfer, correct cross-references, and remove obsolete provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 164. By Senators Jones of the 10th, Henson of the 41st, Harbison of the 15th, Seay of the 34th and Davenport of the 44th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for positive behavioral interventions and supports and response to intervention initiatives; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 171. By Senators Tippins of the 37th, Hill of the 32nd, Tate of the 38th, Rhett of the 33rd and Hill of the 6th:
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 12, 2008 (Ga. L. 2008, p. 3702), an Act approved May 6, 2013 (Ga. L. 2013, p. 4150), and an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), so as to change the compensation of the chief deputy, the assistant chief deputy, and the executive assistant to the sheriff; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
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SB 172. By Senators Tippins of the 37th, Hill of the 32nd, Tate of the 38th, Rhett of the 33rd and Hill of the 6th:
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 April 10, 2014 (Ga. L. 2014, p. 4104), and an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), so as to change the compensation of the clerk of the superior court; to change the salary of the deputy clerk of the superior court; to provide for an executive assistant and an executive secretary; to provide for the appointment, qualifications, and salaries of such positions; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 183. By Senators Wilkinson of the 50th, Black of the 8th, Heath of the 31st, Unterman of the 45th, Ginn of the 47th and others:
A BILL to be entitled an Act to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for liability protection for certain activities related to livestock; to provide for limitations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
SB 184. By Senators Black of the 8th, Burke of the 11th, Tolleson of the 20th, Hufstetler of the 52nd and Heath of the 31st:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to dogs, so as to provide that breed-specific regulation shall be limited to enactment by general law; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 195. By Senators Williams of the 27th, Stone of the 23rd, Ligon, Jr. of the 3rd, Hill of the 4th and Gooch of the 51st:
A BILL to be entitled an Act to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to increase fees allowed for continuing education programs; to require bench warrants to be issued at the end of each court day; to provide for notices to be delivered and obtained using e-mail; to change provisions relating to principals who do not appear for court; to provide for related matters; to repeal conflicting laws; and for other purposes.
FRIDAY, MARCH 13, 2015
2479
SB 197. By Senator Unterman of the 45th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Buford," approved June 3, 2003 (Ga. L. 2003, p. 4622), so as to provide for the corporate boundaries; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 80. By Senators Ligon, Jr. of the 3rd, Millar of the 40th, Hill of the 32nd, Jeffares of the 17th, Watson of the 1st and others:
A RESOLUTION demanding revision by the College Board of Advanced Placement U.S. History; and for other purposes.
SR 155. By Senators Hill of the 32nd, Gooch of the 51st, McKoon of the 29th, Bethel of the 54th, Miller of the 49th and others:
A RESOLUTION encouraging the United States Congress to adopt and to submit to the states a balanced budget amendment to the United States Constitution and to balance our current budget; and for other purposes.
SR 266. By Senators Jeffares of the 17th, Harbison of the 15th, Albers of the 56th and Kennedy of the 18th:
A RESOLUTION authorizing the conveyance of certain state owned real property; authorizing the conveyance of certain state owned real property; authorizing the leasing of certain state owned real properties; authorizing the ground lease of certain state owned real property; authorizing the conveyance of a real property interest in Paulding County; authorizing the leasing of certain state owned real property located in Troup County; authorizing the conveyance of certain state owned real property located in Upson County; to provide an effective date; to repeal conflicting laws; and for other purposes.
SR 267. By Senators Jeffares of the 17th, Harbison of the 15th, Kennedy of the 18th and Albers of the 56th:
A RESOLUTION authorizing the granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities, roads, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in the counties of Baldwin, Barrow, Bartow, Chatham, Clarke, Clayton, Cobb, DeKalb, Floyd, Fulton, Gordon, Houston,
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JOURNAL OF THE HOUSE
Laurens, Liberty, Lowndes, Macon, McIntosh, Meriwether, Newton, Polk, Richmond, Troup, Walton, and Wayne; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 410. By Representatives Evans of the 42nd, Carson of the 46th, Reeves of the 34th, Wilkerson of the 38th, Ehrhart of the 36th 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 April 10, 2014 (Ga. L. 2014, p. 4102), 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.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:
SB 35.
By Senators James of the 35th, Rhett of the 33rd, Parent of the 42nd, Jones of the 10th, Jackson of the 24th and others:
A BILL to be entitled an Act to amend Code Section 16-5-70 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to provide that leaving certain children in vehicles under certain circumstances constitutes cruelty to children in the third degree; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 59.
By Senators Hill of the 6th, Mullis of the 53rd, Gooch of the 51st, Beach of the 21st and Hill of the 32nd:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 50 of the O.C.G.A., relating to state government, so as to provide for a "Partnership for Public Facilities and Infrastructure Act"; 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.
FRIDAY, MARCH 13, 2015
2481
SB 64. By Senators Hufstetler of the 52nd and Jones of the 10th:
A BILL to be entitled an Act to amend Code Section 15-11-2, Title 19, and Chapter 10 of Title 31 of the O.C.G.A., relating to definitions for the Juvenile Code, domestic relations, and vital records, respectively, so as to repeal voluntary acknowledgments of legitimation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
SB 76.
By Senators Jackson of the 24th, Wilkinson of the 50th, Jones of the 25th, Bethel of the 54th, Miller of the 49th and others:
A BILL to be entitled an Act to amend Code Section 40-6-20 of the Official Code of Georgia Annotated, relating to obedience to traffic-control devices, so as to provide for the safe operation of a motorcycle or lightweight motor vehicle through an inoperative traffic-control signal; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
SB 99.
By Senators Kennedy of the 18th, McKoon of the 29th, Jones of the 25th, Bethel of the 54th, Hill of the 32nd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of proceedings, so as to change provisions relating to reversal on appeal when a judge expresses an opinion regarding proof in a criminal case or as to the accused's guilt; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 111. By Senators Stone of the 23rd, Jeffares of the 17th, Jones of the 25th, Hufstetler of the 52nd, Kennedy of the 18th and others:
A BILL to be entitled an Act to amend Chapter 45 of Title 33 of the Official Code of Georgia Annotated, relating to continuing care providers and facilities, so as to define certain terms; to provide for a provider to offer continuing care at home; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
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SB 116. By Senators Ligon, Jr. of the 3rd, Gooch of the 51st, Millar of the 40th, Shafer of the 48th, Cowsert of the 46th 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 128. By Senators Kennedy of the 18th, Bethel of the 54th, Hill of the 32nd, Jones II of the 22nd and Parent of the 42nd:
A BILL to be entitled an Act to amend Article 8 of Chapter 2 of Title 14 of the O.C.G.A., relating to directors and officers, so as to enact reforms consistent with the Model Act; to change provisions relating to the functions of a board of directors; to change provisions relating to elections of directors; to change provisions relating to terms for directors; to change provisions relating to actions without meetings; to change provisions relating to committees; to change provisions relating to derivative actions; to change provisions relating to officers; to change provisions relating to functions of officers; to change provisions relating to resignation and removal of officers; to enact provisions relating to business opportunities; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 148. By Senators Kennedy of the 18th, Dugan of the 30th, Miller of the 49th, Jackson of the 24th, Bethel of the 54th and others:
A BILL to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to transfer the powers and responsibilities of the Governor's Office of Consumer Affairs to the Attorney General's office; to amend Titles 2, 16, 18, 31, 33, 35, 36, 43, and 46 of the Official Code of Georgia Annotated, relating to agriculture, crimes and offenses, debtors and creditors, health, insurance, law enforcement officers and agencies, local government, professions and businesses, and public utilities and public transportation, respectively, so as to conform to such transfer, correct cross-references, and remove obsolete provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Agriculture & Consumer Affairs.
SB 164. By Senators Jones of the 10th, Henson of the 41st, Harbison of the 15th, Seay of the 34th and Davenport of the 44th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for positive behavioral interventions and supports and response to intervention initiatives; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 171. By Senators Tippins of the 37th, Hill of the 32nd, Tate of the 38th, Rhett of the 33rd and Hill of the 6th:
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 12, 2008 (Ga. L. 2008, p. 3702), an Act approved May 6, 2013 (Ga. L. 2013, p. 4150), and an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), so as to change the compensation of the chief deputy, the assistant chief deputy, and the executive assistant to the sheriff; 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.
SB 172. By Senators Tippins of the 37th, Hill of the 32nd, Tate of the 38th, Rhett of the 33rd and Hill of the 6th:
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 April 10, 2014 (Ga. L. 2014, p. 4104), and an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), so as to change the compensation of the clerk of the superior court; to change the salary of the deputy clerk of the superior court; to provide for an executive assistant and an executive secretary; to provide for the appointment, qualifications, and salaries of such positions; to provide an effective date; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Intragovernmental Coordination - Local.
SB 183. By Senators Wilkinson of the 50th, Black of the 8th, Heath of the 31st, Unterman of the 45th, Ginn of the 47th and others:
A BILL to be entitled an Act to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for liability protection for certain activities related to livestock; to provide for 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 Judiciary.
SB 184. By Senators Black of the 8th, Burke of the 11th, Tolleson of the 20th, Hufstetler of the 52nd and Heath of the 31st:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to dogs, so as to provide that breed-specific regulation shall be limited to enactment by general law; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
SB 195. By Senators Williams of the 27th, Stone of the 23rd, Ligon, Jr. of the 3rd, Hill of the 4th and Gooch of the 51st:
A BILL to be entitled an Act to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to increase fees allowed for continuing education programs; to require bench warrants to be issued at the end of each court day; to provide for notices to be delivered and obtained using e-mail; to change provisions relating to principals who do not appear for court; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 197. By Senator Unterman of the 45th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Buford," approved June 3, 2003 (Ga. L. 2003, p. 4622), so as to provide for the corporate boundaries; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Intragovernmental Coordination - Local.
SR 80.
By Senators Ligon, Jr. of the 3rd, Millar of the 40th, Hill of the 32nd, Jeffares of the 17th, Watson of the 1st and others:
A RESOLUTION demanding revision by the College Board of Advanced Placement U.S. History; and for other purposes.
Referred to the Committee on Education.
SR 155. By Senators Hill of the 32nd, Gooch of the 51st, McKoon of the 29th, Bethel of the 54th, Miller of the 49th and others:
A RESOLUTION encouraging the United States Congress to adopt and to submit to the states a balanced budget amendment to the United States Constitution and to balance our current budget; and for other purposes.
Referred to the Committee on Appropriations.
SR 266. By Senators Jeffares of the 17th, Harbison of the 15th, Albers of the 56th and Kennedy of the 18th:
A RESOLUTION authorizing the conveyance of certain state owned real property; authorizing the conveyance of certain state owned real property; authorizing the leasing of certain state owned real properties; authorizing the ground lease of certain state owned real property; authorizing the conveyance of a real property interest in Paulding County; authorizing the leasing of certain state owned real property located in Troup County; authorizing the conveyance of certain state owned real property located in Upson County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Properties.
SR 267. By Senators Jeffares of the 17th, Harbison of the 15th, Kennedy of the 18th and Albers of the 56th:
A RESOLUTION authorizing the granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities, roads, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in the counties of Baldwin, Barrow, Bartow, Chatham, Clarke, Clayton, Cobb, DeKalb, Floyd, Fulton, Gordon, Houston, Laurens, Liberty, Lowndes, Macon, McIntosh, Meriwether, Newton, Polk,
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Richmond, Troup, Walton, and Wayne; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Properties.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Efstration of the 104th, Carter of the 175th, Williams of the 168th et al., Brockway of the 102nd, Waites of the 60th, and Bentley of the 139th.
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 Agriculture & Consumer Affairs:
SB 139. By Senators Harper of the 7th, Mullis of the 53rd, Wilkinson of the 50th, Tolleson of the 20th, Sims of the 12th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide that any regulation regarding the use, disposition, or sale or any imposition of any prohibition, restriction, fee imposition, or taxation of auxiliary containers shall be done only by general law; to provide for legislative findings; to provide for a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 343. By Representatives Caldwell of the 131st and Knight of the 130th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Lamar County Board of Education, approved March 30, 1971 (Ga. L. 1971, p. 2710), as amended, particularly by an Act approved March 13, 2012 (Ga. L. 2012, p. 4416), so as to provide that members of the board of education shall be elected on a nonpartisan basis; 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.
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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 E Beasley-Teague N Bell N Belton N Bennett Y Bentley Y Benton Y Beskin
Beverly Y Broadrick N Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M N Cantrell
Carson Y Carter
Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman N Cooke
N Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner N Dudgeon Y Dukes
Dunahoo N Duncan Y Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans
Fleming Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon N Gravley Y Greene Y Hamilton
Harbin Y Harden N Harrell Y Hatchett N Hawkins E Henson
Hightower Y Hitchens Y Holcomb Y Holmes Y Houston
Howard Y Hugley Y Jackson Y Jacobs N Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S N Jordan
Kaiser N Kelley Y Kendrick Y Kidd N Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin N Martin N Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby
Nimmer N Nix Y Oliver Y O'Neal N Pak Y Parrish Y Parsons Y Peake Y Petrea
Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick N Raffensperger N Rakestraw E Ramsey
Randall Y Reeves Y Rhodes Y Rice Y Roberts N Rogers, C Y Rogers, T Y Rutledge N Rynders N Scott E Setzler Y Sharper Y Shaw Y Sims
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 Tankersley
Tanner N Tarvin Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson
Welch Weldon Y Werkheiser 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 119, nays 32.
The Bill, having received the requisite constitutional majority, was passed.
HB 94. By Representatives Williams of the 119th, Yates of the 73rd, Atwood of the 179th and Belton of the 112th:
A BILL to be entitled an Act to amend Part 1 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding the ad valorem taxation of motor vehicles and motor homes, so as to exempt certain members of the armed forces from penalties for failure to timely pay the ad valorem tax; to provide for related matters; to
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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 Part 1 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding the ad valorem taxation of motor vehicles and motor homes, so as to exempt certain persons from penalties for failure to timely pay the ad valorem tax; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding the ad valorem taxation of motor vehicles and motor homes, is amended by revising Code Section 48-5-451, relating to the penalty for failure to make return or pay tax on a motor vehicle or mobile home, as follows:
"48-5-451. (a) Every Except as otherwise provided in subsection (b) of this Code section, every owner of a motor vehicle or a mobile home, in addition to the ad valorem tax due on the motor vehicle or mobile home, shall be liable for a penalty of 10 percent of the tax due or $5.00, whichever is greater, for the failure to make the return or pay the tax in accordance with this article. (b) Any Georgia resident who voluntarily cancels the registration of his or her motor vehicle pursuant to Code Section 40-2-10 shall not be assessed any penalty for failure to pay the tax due on a motor vehicle under subsection (a) of this Code section for any such period of time. Any such person shall remain liable for the ad valorem tax due on a motor vehicle he or she owns. This subsection shall not apply to motor vehicles subject to Code Section 48-5-441.1. The commissioner shall promulgate any necessary rules and forms to implement the provisions of this subsection."
SECTION 2. This Act shall become effective on July 1, 2015, and shall be applicable to any penalties assessed on or after that date. Any proceedings instituted for the collection of penalties under the law in existence prior to July 1, 2015, shall not be affected by the enactment of this Act.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin
Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter
Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston
Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey
Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 496. By Representatives Hatchett of the 150th, Peake of the 141st, Williams of the 119th, Roberts of the 155th, England of the 116th and others:
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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 use of certain property for collection and conversion of solar energy shall not constitute a breach of conservation use covenants; 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 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 use of certain property for collection and conversion of solar energy shall not constitute a breach of conservation use covenants; 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 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, is amended by revising subsection (p) of Code Section 48-5-7.4, relating to the assessment of bona fide conservation use property for ad valorem tax purposes, by deleting "or" at the end of paragraph (8), by deleting the period and inserting "; or" at the end of paragraph (9), and by adding a new paragraph to read as follows:
"(10)(A) Allowing part of the property subject to the covenant to be used for solar generation of energy and conversion of such energy into heat or electricity, and the sale of the same in accordance with applicable law. (B) The provisions of subparagraph (A) of this paragraph shall not allow the portion of the property on which such solar energy generating equipment is located and which is subject to an existing covenant to remain in the covenant. Such property shall be removed from the existing covenant at the time of the installation of the solar energy generating equipment and shall be subject to ad valorem taxation at fair market value."
SECTION 2. Said article is further amended by revising subsection (q) of Code Section 48-5-7.7, relating to the assessment of forest land conservation use property for ad valorem tax purposes, by deleting "or" at the end of paragraph (4), by deleting the period and inserting "; or" at the end of paragraph (5), and by adding a new paragraph to read as follows:
FRIDAY, MARCH 13, 2015
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"(6)(A) Allowing part of the property subject to the covenant to be used for solar generation of energy and conversion of such energy into heat or electricity, and the sale of the same in accordance with applicable law. (B) The provisions of subparagraph (A) of this paragraph shall not allow the portion of the property on which such solar energy generating equipment is located and which is subject to an existing covenant to remain in the covenant. Such property shall be removed from the existing covenant at the time of the installation of the solar energy generating equipment and shall be subject to ad valorem taxation at fair market value."
SECTION 3. This Act shall become effective on July 1, 2015.
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 Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell
Carson
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight
Y Meadows Y Mitchell Y Morris Y Mosby
Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey
Randall Y Reeves Y Rhodes Y Rice Y Roberts
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser
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Y Carter Casas
Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims
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 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 297. By Representatives Beskin of the 54th, Nix of the 69th, Geisinger of the 48th, Dudgeon of the 25th, Maxwell of the 17th and others:
A BILL to be entitled an Act to amend Code Section 43-1-2 of the Official Code of Georgia Annotated, relating to appointment and general powers of division director, members and meetings of professional licensing boards, examination standards, roster of licensees, and funding, so as to provide for professional licensing boards to make designations for the receipt and processing of applications for examination; to 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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Y Meadows Y Mitchell Y Morris Y Mosby
Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett
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 N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin
Taylor, D Y Taylor, T Y Teasley
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2493
Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter
Casas Y Chandler Y Cheokas E Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Quick Y Raffensperger Y Rakestraw E Ramsey
Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims
On the passage of the Bill, the ayes were 160, nays 4.
Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C
Williams, E Y Williamson Y Yates
Ralston, Speaker
The Bill, having received the requisite constitutional majority, was passed.
HB 21. By Representatives Carson of the 46th, Roberts of the 155th and Jacobs of the 80th:
A BILL to be entitled an Act to amend Code Section 32-9-9 of the Official Code of Georgia Annotated, relating to the creation of the transit authority by special legislation and the authority's attributes and powers, so as to repeal a population provision relative to creation of a transit authority within metropolitan areas; to provide for the establishment of intergovernmental agreements prior to the operation of service by a transit authority when it is being created in a geographical area where a transit service is already provided by an authority or county government; 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 Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower
Y Meadows Y Mitchell Y Morris Y Mosby
Nimmer Y Nix Y Oliver
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M
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Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter
Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y O'Neal Y Pak Y Parrish Y Parsons Y Peake N Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims
Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 322. By Representatives Strickland of the 111th, Ramsey of the 72nd, Mabra of the 63rd, Frye of the 118th, Jones of the 62nd and others:
A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure, so as to provide for the recording of deeds under power within a certain time after a foreclosure sale; to provide for the assessment and collection of a late filing fee; to provide for the remittance of sums collected from such late filing fees; 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 13, 2015
2495
To amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure, so as to provide for the filing of deeds under power within a certain time after a foreclosure sale; to provide for the assessment and collection of a late filing fee; to provide for the remittance of sums collected from such late filing fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure, is amended by revising Code Section 44-14-160, relating to recording of foreclosure sales and deeds under power, as follows:
"44-14-160. (a) Within 90 days of a foreclosure sale, all deeds under power shall be recorded filed by the holder of a deed to secure debt or a mortgage with the clerk of the superior court of the county or counties in which the foreclosed property is located. The clerk shall write in the margin of the page where record and cross reference the deed under power to the deed to secure debt or mortgage foreclosed upon is recorded the word 'foreclosed' and the deed book and page number on which is recorded the deed under power conveying the real property; provided, however, that, in counties where the clerk keeps the records affecting real estate on microfilm, the notation provided for in this Code section shall be made in the same manner in the index or other place where the clerk records transfers and cancellations of deeds to secure debt. The deed under power shall be indexed pursuant to standards promulgated by the Georgia Superior Court Clerks' Cooperative Authority. (b) In the event the deed under power is not filed within 30 days after the time period set forth in subsection (a) of this Code section, the holder shall be required to pay a late filing penalty of $500.00 upon filing in addition to the required filing fees provided for in subsection (f) of Code Section 15-66-77. Such late filing penalty shall be collected by the clerk of the superior court before filing. (c) The sums collected as a late filing penalty under subsection (b) of this Code section shall be remitted to the governing authority of the county. If the foreclosed property is located within a municipality, the governing authority of the county shall remit the late filing penalty for such property to the governing authority of such municipality within 30 days of its receipt of the penalty. For each late filing penalty for property located within the corporate limits of a municipality, the governing authority of the county may withhold a 5 percent administrative processing fee from the remittance to such municipality."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter
Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley
Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby
Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold
Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser
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.
The following Resolutions of the House were read and referred to the Committee on Rules:
FRIDAY, MARCH 13, 2015
2497
HR 655. By Representative Jones of the 53rd:
A RESOLUTION recognizing and commending the Mays High School Lady Raiders basketball team as the 2015 GHSA AAAAA Georgia State RunnerUp; and for other purposes.
HR 656. By Representatives Williams of the 119th, Burns of the 159th, Smith of the 70th, Rynders of the 152nd and Knight of the 130th:
A RESOLUTION commending Corporal Greg Wade, 2014 Ranger of the Year, and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 657. By Representatives Jasperse of the 11th, Ralston of the 7th, Harden of the 148th, Parrish of the 158th, Stephens of the 164th and others:
A RESOLUTION recognizing Jack Dunn as the Willard B. Simmons National Community Pharmacists Association Independent Pharmacist of the Year and inviting him to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations:
HR 228 Do Pass HR 643 Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 228. By Representatives Rogers of the 29th, Ralston of the 7th, Hawkins of the 27th, Barr of the 103rd and Dunahoo of the 30th:
A RESOLUTION commending Theodore N. "Ted" Oglesby and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 643. By Representatives Stovall of the 74th, Strickland of the 111th, Scott of the 76th, Jones of the 53rd, Mabra of the 63rd and others:
A RESOLUTION commending Chris "Ludacris" Bridges, founder of The Ludacris Foundation, and inviting him to be recognized by the House of Representatives; and for other purposes.
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The following Resolutions of the House were read and adopted:
HR 658. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending Reverend Frederick R. Gray; and for other purposes.
HR 659. By Representative Nimmer of the 178th:
A RESOLUTION recognizing and commending the 2015 Pierce County PeeWee Boys All Star Basketball Team; and for other purposes.
HR 660. By Representative Buckner of the 137th:
A RESOLUTION commending the Camp Dream Foundation on its 20th anniversary and recognizing March 18, 2015, as Camp Dream Day; and for other purposes.
HR 661. By Representative Cheokas of the 138th:
A RESOLUTION recognizing and honoring the 1963 Leesburg Stockade Women, heroes of the American Civil Rights Movement; and for other purposes.
HR 662. By Representative Bryant of the 162nd:
A RESOLUTION commending Chief of Police David L. Lyons, Captain Donald Chapman, Lieutenant Timothy McMillian, Sergeant Brian Childs, Sergeant Shawn Myers, Sergeant Kurtis Purtee, Officer Chauncey Bilge, K9 Officer Matthew Davis, Officer Ryan Loyd, Officer Barbara O'Neal, Firefighter Patrick Hauger, Sergeant Bobby Stewart, Officer Daniel Jones, and Officer Ronald Smith; and for other purposes.
HR 663. By Representative Greene of the 151st:
A RESOLUTION congratulating the Calhoun County High School basketball team on winning the 2015 GHSA Class A State Championship; and for other purposes.
HR 664. By Representatives Dukes of the 154th, Ealum of the 153rd and Greene of the 151st:
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2499
A RESOLUTION commending Tysheria Green, Youth of the Year for the Boys & Girls Clubs of Albany; and for other purposes.
HR 665. By Representatives Hatchett of the 150th, Epps of the 144th and Pruett of the 149th:
A RESOLUTION recognizing March 30, 2015, as Doctor's Day at the capitol; and for other purposes.
HR 666. By Representatives Reeves of the 34th, Greene of the 151st, Parrish of the 158th, Mabra of the 63rd, Dudgeon of the 25th and others:
A RESOLUTION recognizing and commending Mr. Joe Shalabi on the occasion of his retirement; and for other purposes.
HR 667. By Representatives Stephens of the 165th, Stephens of the 164th, Gordon of the 163rd, Bryant of the 162nd and Petrea of the 166th:
A RESOLUTION commending Henry Willie Lee Lloyd for his many years of dedicated service to the young people of his community; and for other purposes.
HR 668. By Representatives Stephens of the 165th, Stephens of the 164th, Gordon of the 163rd, Bryant of the 162nd and Petrea of the 166th:
A RESOLUTION commending Mr. Albert Paul Ganem; and for other purposes.
HR 669. By Representatives Caldwell of the 20th, Turner of the 21st, Cantrell of the 22nd, Ballinger of the 23rd and Carson of the 46th:
A RESOLUTION honoring the life and memory of Mr. Joseph John Robert; and for other purposes.
HR 670. By Representative Kelley of the 16th:
A RESOLUTION recognizing Robert W. Barton as a 2015 honoree of the Martin Luther King, Jr., Celebration Community Service Awards; and for other purposes.
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HR 671. By Representative Kelley of the 16th:
A RESOLUTION recognizing Vanessa Holmes as a 2015 honoree of the Martin Luther King, Jr., Celebration Community Service Awards; and for other purposes.
HR 672. By Representative Kelley of the 16th:
A RESOLUTION recognizing Dorothy Talley Lusby as a 2015 honoree of the Martin Luther King, Jr., Celebration Community Service Awards; and for other purposes.
HR 673. By Representative Kelley of the 16th:
A RESOLUTION recognizing Barbara Prater Harris as a 2015 honoree of the Martin Luther King, Jr., Celebration Community Service Awards; and for other purposes.
HR 674. By Representative Kelley of the 16th:
A RESOLUTION recognizing Reverend Nancy Frazier English as a 2015 honoree of the Martin Luther King, Jr., Celebration Community Service Awards; and for other purposes.
HR 675. By Representative Kelley of the 16th:
A RESOLUTION recognizing Estella Lavonne McDermott as a 2015 honoree of the Martin Luther King, Jr., Celebration Community Service Awards; and for other purposes.
HR 676. By Representatives Dukes of the 154th, Frazier of the 126th, Sims of the 123rd, Smith of the 125th, Howard of the 124th and others:
A RESOLUTION commending Crystal Nason on being named 2014 Employee of the Year for Augusta, Georgia; 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 48. By Representatives Coleman of the 97th, Rice of the 95th and Jones of the 53rd:
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A BILL to be entitled an Act to amend Code Section 40-2-85.3 of the Official Code of Georgia Annotated, relating to special license plates honoring family members of service members killed in action, so as to extend eligibility to apply for such license plates to include a surviving spouse of a sibling of the service member; 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 for certain persons and vehicles, so as to provide for a special and distinctive motor vehicle license plate for public safety first responders who have received a major injury in the line of duty; to provide for standards for the issuance of such license plates; to provide for applicable fees; to provide for authority to establish rules and regulations; to provide for a definition of "disabled veteran"; to provide for issuance of free motor vehicle license plates to disabled veterans; to provide for eligibility; to provide for revalidation of such license plates; to provide for the transfer of such license plates upon death; to provide for issuance of special and distinctive license plates for use on motorcycles; to extend eligibility to apply for such license plates to include a surviving spouse of a sibling of the service member; to provide for a minimum number of applicants prior to issuance of a new special license plate; 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 definition of "disabled veteran" for homestead exemption purposes; to provide for an exemption to motor vehicle ad valorem taxes for disabled veterans; 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 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by adding a new Code section to read as follows:
"40-2-63.1. (a) Any law enforcement officer, firefighter, emergency medical services personnel, ambulance driver, or other similarly employed public safety first responder who has sustained a major injury through no fault of his or her own during the competent performance of his or her official duties shall, upon application therefor, be issued a special and distinctive motor vehicle license plate upon presentation of proof that such individual is entitled to receive such special license plate. Application for such license
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plates shall include payment of a manufacturing fee of $25.00. For purposes of this Code section, a major injury shall be one that was of sufficient seriousness as to require hospitalization or comparable medical treatment and which resulted in permanent disability or disfigurement of the body. (b) License plates issued pursuant to this Code section need not contain a place for the county name decal, and a county name decal need not 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. (c) The commissioner is authorized and directed to design the license plate, establish procedures, establish standards for proof of eligibility, and promulgate rules and regulations to effectuate the purposes of this Code section."
SECTION 2. Said article is further amended by revising Code Section 40-2-69, relating to free license plates and revalidation decals for certain disabled veterans, as follows:
"40-2-69. (a) Any disabled veteran who was discharged under honorable conditions and who served on active duty in the armed forces of the United States or on active duty in a reserve component of the United States, including the National Guard, who is a citizen and resident of this state shall, upon application therefor, be issued a free motor vehicle license plate. upon presentation of proof that such veteran is receiving or that he or she is entitled to receive a statutory award from the United States Department of Veterans Affairs for As used in this Code section, the term 'disabled veteran' means any veteran who was discharged under honorable conditions and who has been adjudicated by the United States Department of Veterans Affairs as being 100 percent totally disabled or as being less than 100 percent totally disabled but is compensated at the 100 percent level due to individual unemployability and is entitled to receive a statutory award from the United States Department of Veterans Affairs for:
(1) Loss or permanent loss of use of one or both feet; (2) Loss or permanent loss of use of one or both hands; (3) Loss of sight in one or both eyes; or (4) Permanent impairment of vision of both eyes of the following status: central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends on angular distance no greater than 20 degrees in the better eye.
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(b) Any disabled veteran who was discharged under honorable conditions and who has been adjudicated by the United States Department of Veterans Affairs as being 100 percent totally disabled and entitled to receive service connected benefits shall, upon application therefor, be issued a free motor vehicle license plate upon presentation of proof that he or she is receiving or that he or she is entitled to receive benefits for a 100 percent service connected disability, as long as he or she is 100 percent disabled qualifies as a disabled veteran. A disabled veteran who claims that such 100 percent total his or her disability is permanent shall furnish proof of such permanent disability through a letter from the United States Department of Veterans Affairs.
(c)(1) Once a disabled veteran has established his or her eligibility to receive free motor vehicle license plates as a result of being permanently disabled, he or she shall be entitled to receive free plates or free revalidation decals in succeeding years on any automobile, private passenger pickup truck, motorcycle, station wagon, or van type vehicle of three-quarter tons or less that he or she may own or jointly with his or her spouse or minor child own or acquire in the future. (2) Once a disabled veteran has established his or her eligibility to receive free motor vehicle license plates as a result of having a 100 percent total disability which but his or her disability has not been determined to be a permanent disability, he or she shall be entitled to receive free plates or free revalidation decals in succeeding years upon furnishing, on an annual basis, proof of such 100 percent disability his or her status as a disabled veteran through a letter from the United States Department of Veterans Affairs. Such free plates or free revalidation decals shall apply to any automobile, private passenger pickup truck, motorcycle, station wagon, or van type vehicle of three-quarter tons or less that he or she may own or jointly with his or her spouse or minor child own or acquire in the future.
(3)(A) Two license plates or revalidation decals each year shall be furnished for vehicles other than motorcycles to disabled veterans qualifying under this Code section unless the originals are lost. Such plates shall be fastened to both the front and the rear of the vehicle. (B) One license plate or revalidation decal each year shall be furnished for motorcycles to disabled veterans qualifying under this Code section unless the original is lost. Such plate shall be fastened to the rear of the vehicle. (4) In the event of the death of the person who received the special license plates pursuant to this Code section, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, his or her unremarried surviving spouse or minor child may continue to receive the free special license plates and revalidation decals until the remarriage of the surviving spouse or death of the surviving spouse or minor child."
SECTION 3. Said article is further amended in Code Section 40-2-85.1, relating to special and distinctive license plates for veterans, by revising subsections (b), (c), and (d) as follows:
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"(b)(1) Motor vehicle and trailer owners who are 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, motorcycles, trucks, or recreational vehicles used for personal transportation. 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 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 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 this subsection 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 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, motorcycles, 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, motorcycles, 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 veterans of the armed forces of the United States, recipients of a military medal award, or persons who served during active military combat and shall additionally 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."
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SECTION 4. Said article is further amended in Code Section 40-2-85.3, relating to special license plates honoring family members of service members killed in action, by revising subsections (d) and (f) as follows:
"(d) Any motor vehicle owner who is a resident of Georgia, other than one registering under the International Registration Plan, upon complying with state laws relating to registration and licensing of motor vehicles shall be issued such a special license plate upon application therefor. Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31. Upon payment of all ad valorem taxes and other fees due at registration of a motor vehicle an eligible family member may apply for a Gold Star license plate. In order to qualify as an eligible family member for purposes of this Code section, the person must be directly related to the fallen service member as a spouse, mother, father, sibling, child, or step-parent, or surviving spouse of such service member's sibling. One free license plate shall be allowed for the spouse, mother, and father, and they may purchase additional license plates for each motor vehicle they register in this state. Siblings, children, or step-parents, or surviving spouses of siblings of service members may purchase Gold Star license plates for motor vehicles registered in this state. The cost of a Gold Star license plate shall be established by the department, but shall not exceed the cost of other specialty license plates. If a Gold Star license plate is lost, damaged, or stolen, the eligible family member must pay the reasonable cost, to be established by the department, but not to exceed the cost of other specialty license plates, to replace the Gold Star license plate." "(f) A free Gold Star license plate shall be issued only to the spouse, mother, and father of service members who resided in Georgia at the time of the death of the service member. However, an eligible family member, except for nonresident siblings or surviving spouses of such nonresident siblings, who was not a resident of Georgia at the time of the death of the service member may purchase a Gold Star license plate, at a cost to be established by the department, not to exceed the cost of other specialty license plates."
SECTION 5. Said article is further amended in Code Section 40-2-86, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, by revising subsection (g) as follows:
"(g) On or after July 1, 2010, no special license plate authorized pursuant to subsections (l), (m), and (n) of this Code section shall be issued except upon the receipt by the department of at least 1,000 prepaid applications along with the manufacturing fees. The special license plate shall have an application period of two years after the date on which the application period becomes effective for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fees, and all fees shall be refunded to applicants; provided, however, that once the department has received 1,000
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prepaid applications along with the manufacturing fees, the sponsor shall not be entitled to a refund."
SECTION 6. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended in Code Section 48-5-48, relating to eligibility and filing requirements for homestead extension for a qualified disabled veteran, by revising paragraph (1) of subsection (a) as follows:
"(1) A wartime veteran who was discharged under honorable conditions and who has been adjudicated by the Department of Veterans Affairs of the United States as being totally and permanently disabled and entitled to receive service connected benefits so long as he or she is 100 percent disabled and receiving or entitled to receive benefits for a 100 percent service connected disability Any veteran who was discharged under honorable conditions and who has been adjudicated by the United States Department of Veterans Affairs as being 100 percent totally disabled or as being less than 100 percent totally disabled but is compensated at the 100 percent level due to individual unemployability and is entitled to receive a statutory award from the United States Department of Veterans Affairs for:
(A) Loss or permanent loss of use of one or both feet; (B) Loss or permanent loss of use of one or both hands; (C) Loss of sight in one or both eyes; or (D) Permanent impairment of vision of both eyes of the following status: central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends on angular distance no greater than 20 degrees in the better eye;"
SECTION 7. Said chapter is further amended by revising Code Section 48-5-478, relating to constitutional exemption from ad valorem taxation for disabled veterans, as follows:
"48-5-478. (a) A motor vehicle owned by or leased to a disabled veteran who is a citizen and resident of Georgia this state and on which such disabled veteran actually places the free disabled veteran motor vehicle license plate he or she receives from the State of Georgia pursuant to Code Section 40-2-69 is hereby exempted from all ad valorem taxes for state, county, municipal, and school purposes. The As used in this Code section, the term 'disabled veteran,' as used in this Code section, means any wartime veteran who was discharged under honorable conditions and who has been adjudicated by the United States Department of Veterans Affairs as being 100 percent totally and permanently disabled or as being less than 100 percent totally disabled but is being compensated at the 100 percent level due to individual unemployability and is entitled to receive service-connected service connected benefits and any veteran who is
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receiving or who is entitled to receive a statutory award from the United States Department of Veterans Affairs for:
(1) Loss or permanent loss of use of one or both feet; (2) Loss or permanent loss of use of one or both hands; (3) Loss of sight in one or both eyes; or (4) Permanent impairment of vision of both eyes of the following status: Central central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends on angular distance no greater than 20 degrees in the better eye. (b) Once a disabled veteran has established his or her eligibility for such ad valorem tax exemption by being 100 percent totally disabled, he or she shall be entitled to receive such ad valorem tax exemption in succeeding years thereafter. A disabled veteran who claims 100 percent total disability shall furnish proof of such disability through a letter from the United States Department of Veterans Affairs. (c) Once a disabled veteran has established his or her eligibility for such ad valorem tax exemption but his or her disability has not been adjudicated a 100 percent total disability, he or she shall be entitled to such ad valorem tax exemption in succeeding years upon furnishing, on an annual basis, proof of his or her status as a disabled veteran through a letter from the United States Department of Veterans Affairs. (d) In the event of the death of the disabled veteran who received such ad valorem tax exemption pursuant to this Code section, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, his or her unmarried surviving spouse or minor child may continue to receive the exemption."
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 E Beasley-Teague Y Bell Y Belton Y Bennett
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake
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
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Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter
Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey
Randall Y Reeves Y Rhodes
Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims
Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 369. By Representatives Nix of the 69th, Ehrhart of the 36th, Rogers of the 29th, Battles of the 15th, Dickson of the 6th and others:
A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales tax for educational purposes, so as to change certain provisions regarding distribution of the sales tax for educational purposes; to provide for related matters; to provide for contingent effectiveness; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison
Y Coomer Y Cooper Y Corbett
Y Harbin Y Harden Y Harrell
Y Meadows Y Mitchell Y Morris
Y Smith, E Y Smith, L Y Smith, M
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Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton N Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter
Casas Y Chandler
Cheokas E Clark, D Y Clark, H Y Clark, V N Coleman N Cooke
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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley
Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo N McCall Y McClain
Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey
Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims
Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser Y Wilkerson N 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.
HB 426. By Representatives Taylor of the 173rd, Smyre of the 135th, Stephens of the 164th, Abrams of the 89th, Sims of the 123rd and others:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide 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 an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
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A BILL TO BE ENTITLED AN ACT
To amend Code Section 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 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 paragraphs (7.05) and (7.3) as follows:
"(7.05)(A) For the period commencing on July 1, 2008 2015, and ending on June 30, 2010 2018, sales of tangible personal property to a nonprofit health center in this state which has been established under the authority of and is receiving funds pursuant to the United States Public Health Service Act, 42 U. S. C. Section 254b if such health clinic obtains an exemption determination letter from the commissioner.
(B)(i) For the purposes of this paragraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2, 2A, 3, or 4 of this chapter. (ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time. (C) Notwithstanding Code Sections 48-2-15, 48-7-60, and 48-7-61, any taxpayer seeking to claim the exemption provided for within subparagraph (A) of this paragraph shall electronically submit to the department, at the time of application for the exemption and any such annual renewal, the total number of patients treated in the previous calendar year, the average monthly number of full-time employees, and the total amount of exempt purchases made by the taxpayer in the preceding calendar year. The department shall then issue a report to the chairpersons of the House Committee on Ways and Means and the Senate Finance Committee detailing the total number of patients treated, average monthly number of full-time employees, and the total amount of sales and use tax exempted sales for the previous calendar year, by June 30 each year;" "(7.3)(A) For the period commencing July 1, 2008 2015, and ending June 30, 2010 2018, sales of tangible personal property and services to a nonprofit volunteer health clinic which primarily treats indigent persons with incomes below 200 percent of
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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. (B) Notwithstanding Code Sections 48-2-15, 48-7-60, and 48-7-61, any taxpayer seeking to claim the exemption provided for within subparagraph (A) of this paragraph shall electronically submit to the department, at the time of application for the exemption and any such annual renewal, the total number of patients treated in the previous calendar year, the average monthly number of full-time employees, and the total amount of exempt purchases made by the taxpayer in the preceding calendar year. The department shall then issue a report to the chairpersons of the House Committee on Ways and Means and the Senate Finance Committee detailing the total number of patients treated, average monthly number of full-time employees, and the total amount of sales and use tax exempted sales for the previous calendar year, by June 30 each year;"
SECTION 2. This Act shall become effective on July 1, 2015.
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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley
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Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter
Casas Y Chandler Y Cheokas E Clark, D N Clark, H Y Clark, V Y Coleman Y Cooke
Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Quick Y Raffensperger Y Rakestraw E Ramsey
Randall Y Reeves Y Rhodes
Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims
Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites
Watson Y Welch Y Weldon Y Werkheiser 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 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 375. By Representatives Powell of the 171st, Fleming of the 121st, Hightower of the 68th, Hitchens of the 161st, Powell of the 32nd and others:
A BILL to be entitled an Act to amend Code Section 40-6-15 of the Official Code of Georgia Annotated, relating to knowingly driving a motor vehicle with a suspended, canceled, or revoked vehicle registration, so as to change provisions relating to a plea of nolo contendre; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
Representative Powell of the 171st offers the following amendment:
Amend HB 375 (LC 29 6387) by deleting line 1 and inserting in lieu thereof the following: To amend Code Section 40-2-20 of the Official Code of Georgia Annotated, relating to registration and license requirements, so as to provide for a temporary operating permit when a vehicle fails to pass federal emissions standards and certain conditions have been satisfied; to amend Code Section 40-6-15 of the Official Code of Georgia Annotated, relating to
By inserting between lines 6 and 7 the following:
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Code Section 40-2-20 of the Official Code of Georgia Annotated, relating to registration and license requirements, is amended by adding a new subparagraph to paragraph (1) of subsection (a) to read as follows:
"(C) The county tag agent may issue a temporary operating permit for any vehicle that fails to comply with applicable federal emission standards, provided that the owner of such vehicle has provided verification of the existence of minimum motor vehicle liability insurance coverage and paid all applicable taxes, penalties, insurance lapse fees, and fees other than the registration fee. Such temporary operating permit shall be valid for 30 days and shall not be renewable."
SECTION 2.
By replacing "2" on line 17 with "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:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter
Casas Y Chandler
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince
Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey
Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites
Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard
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Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims
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 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 443. By Representatives Dempsey of the 13th, Yates of the 73rd, Coomer of the 14th, Atwood of the 179th, Meadows of the 5th 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 permit employers to create and use a policy that provides preferential hiring, promoting, or retention to veterans of the armed forces of the United States; to provide for definitions; to provide a short title; 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 E Beasley-Teague Y Bell Y Belton
Bennett Y Bentley
Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A
Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell
FRIDAY, MARCH 13, 2015
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Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
E Ramsey Randall
Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 131. By Representatives Dickerson of the 113th, Drenner of the 85th, Waites of the 60th, Thomas of the 56th and Jones of the 53rd:
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 prohibit cyberbullying; to provide for related matters; to provide for a short title; 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 Code Section 20-2-751.4 of the Official Code of Georgia Annotated, relating to policies in public schools prohibiting bullying, so as to prohibit cyberbullying; to provide for related matters; to provide for a short title; 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. This Act shall be known and may be cited as "The End to Cyberbullying Act."
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SECTION 2. Code Section 20-2-751.4 of the Official Code of Georgia Annotated, relating to policies in public schools prohibiting bullying, is amended by revising subsection (a) as follows:
"(a) As used in this Code section, the term 'bullying' means an act which occurs on school property, on school vehicles, at designated school bus stops, or at school related functions or activities, or by use of data or software that is accessed through a computer, computer system, computer network, or other electronic technology of a local school system, that is:
(1) Any willful attempt or threat to inflict injury on another person, when accompanied by an apparent present ability to do so; (2) Any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm; or (3) Any intentional written, verbal, or physical act which a reasonable person would perceive as being intended to threaten, harass, or intimidate, that:
(A) Causes another person substantial physical harm within the meaning of Code Section 16-5-23.1 or visible bodily harm as such term is defined in Code Section 16-5-23.1; (B) Has the effect of substantially interfering with a student's education; (C) Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or (D) Has the effect of substantially disrupting the orderly operation of the school. The term applies to acts which occur on school property, on school vehicles, at designated school bus stops, or at school related functions or activities or by use of data or software that is accessed through a computer, computer system, computer network, or other electronic technology of a local school system. The term also applies to acts of cyberbullying which occur through the use of electronic communication, including but not limited to telephones, cellular telephones, wireless communication devices, pagers, computers, e-mail, instant messaging, text messaging, through websites, or any similar means of communication, whether or not such electronic act originated on school property or with school equipment, if the electronic act (1) is directed specifically at students or school personnel, (2) is maliciously intended for the purpose of threatening the safety of those specified or substantially disrupting the orderly operation of the school, and (3) creates a reasonable fear of harm to the students' or school personnel's person or property or has a high likelihood of succeeding in that purpose."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall apply to conduct on or after that date, and conduct prior to that date shall continue to be governed by prior law.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
FRIDAY, MARCH 13, 2015
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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison Y Anderson Y Atwood N Ballinger N Barr
Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M N Cantrell Y Carson Y Carter Y Casas
Chandler Y Cheokas E Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Coomer Y Cooper Y Corbett E Dawkins-Haigler N Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes
Dunahoo Y Duncan
Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon N Gravley Y Greene Y Hamilton
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins Y Henson N Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd N Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin N Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal N Pak Y Parrish Y Parsons Y Peake
Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett N Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves N Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T N Rutledge N Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch N Weldon Y Werkheiser 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 140, nays 26.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 342. By Representatives Kelley of the 16th, Willard of the 51st, Ramsey of the 72nd, Benton of the 31st, Fleming of the 121st and others:
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A BILL to be entitled an Act to amend Code Section 31-7-3.2 of the Official Code of Georgia Annotated, relating to the notice of cited deficiencies and imposition of sanctions for nursing homes or intermediate care homes, so as to provide that a violation of certain regulations shall not constitute negligence per se; to provide for limitations on advertisements that use or reference the results of federal or state surveys or inspections of nursing homes; 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 31-7-3.2 of the Official Code of Georgia Annotated, relating to the notice of cited deficiencies and imposition of sanctions for nursing homes or intermediate care homes, so as to provide that a violation of certain regulations shall not constitute negligence per se; to provide for limitations on advertisements that use or reference the results of federal or state surveys or inspections of nursing homes; 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 31-7-3.2 of the Official Code of Georgia Annotated, relating to the notice of cited deficiencies and imposition of sanctions for nursing homes or intermediate care homes, is amended by adding new subsections to read as follows:
"(i) No violation of any regulation promulgated pursuant to the federal Nursing Home Reform Act, 42 U.S.C. Sections 1396r and 1395i-3, or any regulation included in Ga. Comp. R. & Regs. 111-8-50 or 111-8-56 as they existed on the effective date of this subsection, shall constitute negligence per se; provided, however, that the court in any civil action shall take judicial notice of these regulations and admit them into evidence. Nothing in this subsection shall abrogate any express cause of action authorized under law or be construed to amend or repeal any provision of the 'Bill of Rights for Residents of Long-term Care Facilities' in Article 5 of Chapter 8 of Title 31.
(j)(1) The results or findings of a federal or state survey or inspection of a nursing home facility, including any statement of deficiencies or reports, shall not be used or referenced in an advertisement or solicitation by any person or any entity, unless the advertisement or solicitation includes all of the following:
(A) The date the survey was conducted; (B) A statement that the Department of Community Health conducts a survey of all nursing home facilities at least once every 15 months;
FRIDAY, MARCH 13, 2015
2519
(C) If a finding or deficiency cited in the statement of deficiencies has been substantially corrected, a statement that the finding or deficiency has been substantially corrected and the date that the finding or deficiency was substantially corrected; (D) The number of findings and deficiencies cited in the statement of deficiencies on the basis of the survey and a disclosure of the severity level for each finding and deficiency; (E) The average number of findings and deficiencies cited in statements of deficiencies on the basis of surveys conducted by the department during the same calendar year as the survey used in the advertisement; (F) A disclosure of whether each finding or deficiency caused actual bodily harm to any residents and the number of residents harmed thereby; and (G) A statement that the advertisement is neither authorized nor endorsed by any government agency. (2) In addition to any other remedies and damages allowed by law, a party found to have violated paragraph (1) of this subsection shall be liable for attorney fees and expenses of litigation incurred in an action to restrain or enjoin such violation; provided, however, that damages, attorney fees, and expenses of litigation shall not be recoverable against any newspaper, news outlet, or broadcaster publishing an advertisement or solicitation submitted by a third party for a fee."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all causes of actions arising on and after such date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish
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
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JOURNAL OF THE HOUSE
Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 173, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 268. By Representatives Ballinger of the 23rd, Chandler of the 105th, Clark of the 101st, Oliver of the 82nd, Hatchett of the 150th and others:
A BILL to be entitled an Act to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse and when it is mandated or authorized, so as to change provisions relating to mandatory reporters; to provide for procedure; 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 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse and when it is mandated or authorized, so as to change provisions relating to mandatory reporters; to provide for procedure; to provide for
FRIDAY, MARCH 13, 2015
2521
consistent usage of defined terms; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse and when it is mandated or authorized, is amended by revising subsections (a), (c), (d), and (e) as follows:
"(a) The purpose of this Code section is to provide for the protection of children whose health and welfare are adversely affected and further threatened by the conduct of those responsible for their care and protection. It is intended that the mandatory reporting of such cases will cause the protective services of the state to be brought to bear on the situation in an effort to prevent further abuses, to protect and enhance the welfare of these children, and to preserve family life wherever possible. This Code section shall be liberally construed so as to carry out the purposes thereof."
"(c)(1) The following persons having reasonable cause to believe that a child has been abused suspected child abuse has occurred shall report or cause reports of that such abuse to be made as provided in this Code section:
(A) Physicians licensed to practice medicine, physician assistants, interns, or residents; (B) Hospital or medical personnel; (C) Dentists; (D) Licensed psychologists and persons participating in internships to obtain licensing pursuant to Chapter 39 of Title 43; (E) Podiatrists; (F) Registered professional nurses or licensed practical nurses licensed pursuant to Chapter 26 of Title 43 or nurse's aides; (G) Professional counselors, social workers, or marriage and family therapists licensed pursuant to Chapter 10A of Title 43; (H) School teachers; (I) School administrators; (J) School guidance counselors, visiting teachers, school social workers, or school psychologists certified pursuant to Chapter 2 of Title 20; (K) Child welfare agency personnel, as that such agency is defined pursuant to in Code Section 49-5-12; (L) Child-counseling personnel; (M) Child service organization personnel; (N) Law enforcement personnel; or (O) Reproductive health care facility or pregnancy resource center personnel and volunteers. (2) If a person is required to report child abuse pursuant to this subsection because that such person attends to a child pursuant to such person's duties as an employee of
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JOURNAL OF THE HOUSE
or volunteer at a hospital, school, social agency, or similar facility, that such person shall notify the person in charge of the such hospital, school, agency, or facility, or the designated delegate thereof, and the person so notified shall report or cause a report to be made in accordance with this Code section. An employee or volunteer who makes a report to the person designated pursuant to this paragraph shall be deemed to have fully complied with this subsection. Under no circumstances shall any person in charge of such hospital, school, agency, or facility, or the designated delegate thereof, to whom such notification has been made exercise any control, restraint, or modification, or make any other change to the information provided by the reporter, although each of the aforementioned persons may be consulted prior to the making of a report and may provide any additional, relevant, and necessary information when making the report. (3) When a person identified in paragraph (1) of this subsection receives reliable information that child abuse has occurred involving a person who attends to a child pursuant to such person's duties as an employee of or volunteer at a hospital, school, social agency, or similar facility, the person who received such information shall notify the person in charge of such hospital, school, agency, or facility, or the designated delegate thereof, and the person so notified shall report or cause a report to be made in accordance with this Code section. An employee or volunteer who makes a report to the person designated pursuant to this paragraph shall be deemed to have fully complied with this subsection. Under no circumstances shall any person in charge of such hospital, school, agency, or facility, or the designated delegate thereof, to whom such notification has been made exercise any control, restraint, or modification or make any other change to the information provided by the reporter, although each of the aforementioned persons may be consulted prior to the making of a report and may provide any additional, relevant, and necessary information when making the report. (d) Any other person, other than one specified in subsection (c) of this Code section, who has reasonable cause to believe that a child is abused suspected child abuse has occurred may report or cause reports to be made as provided in this Code section. (e) With respect to reporting required by subsection (c) of this Code section, an An oral report by telephone or other oral communication or a written report by electronic submission or facsimile shall be made immediately, but in no case later than 24 hours from the time there is reasonable cause to believe a child has been abused, by telephone or otherwise and that suspected child abuse has occurred. When a report is being made by electronic submission or facsimile to the Division of Family and Children Services of the Department of Human Services, it shall be done in the manner specified by the division. Oral reports shall be followed by a later report in writing, if requested, to a child welfare agency providing protective services, as designated by the Division of Family and Children Services of the Department of Human Services, or, in the absence of such agency, to an appropriate police authority or district attorney. If a report of child abuse is made to the child welfare agency or independently discovered by the agency, and the agency has reasonable cause to believe such report is true or the report
FRIDAY, MARCH 13, 2015
2523
contains any allegation or evidence of child abuse, then the agency shall immediately notify the appropriate police authority or district attorney. Such reports shall contain the names and addresses of the child and the child's parents or caretakers, if known, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator. Photographs of the child's injuries to be used as documentation in support of allegations by hospital employees or volunteers, physicians, law enforcement personnel, school officials, or employees or volunteers of legally mandated public or private child protective agencies may be taken without the permission of the child's parent or guardian. Such photographs shall be made available as soon as possible to the chief welfare agency providing protective services and to the appropriate police authority."
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 E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight
Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser
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JOURNAL OF THE HOUSE
Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 172, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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 514. By Representatives Bruce of the 61st, Fludd of the 64th, Kaiser of the 59th, Mabra of the 63rd, Jones of the 53rd and others:
A BILL to be entitled an Act to incorporate the City of South Fulton in Fulton County; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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 N Atwood Y Ballinger N Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley N Benton Y Beskin Y Beverly N Broadrick
Brockway Y Brooks Y Bruce Y Bryant
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson N Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes N Dunahoo Y Duncan
Ealum Y Efstration N Ehrhart Y England Y Epps
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix N Oliver Y O'Neal N Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw
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 Tankersley N Tanner Y Tarvin Y Taylor, D Y Taylor, T E Teasley Y Thomas, A.M. Y Thomas, E Y Trammell
FRIDAY, MARCH 13, 2015
2525
N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell
Carson Y Carter N Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman N Cooke
Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye N Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Kaiser N Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin N Maxwell Y Mayo Y McCall Y McClain
E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Turner Y Waites Y Watson N Welch N Weldon Y Werkheiser 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 148, nays 21.
The Bill, having received the requisite constitutional majority, was passed.
HB 476. By Representatives Fludd of the 64th, Bruce of the 61st, Mabra of the 63rd, Kaiser of the 59th, Thomas of the 56th and others:
A BILL to be entitled an Act to repeal the amendment to the Constitution of Georgia creating within Fulton County the Fulton County Industrial District and prohibiting the governing authority of Fulton County from levying any tax for educational purposes within such district; to provide for a referendum with respect to the effectiveness of the foregoing; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger N Barr Y Battles E Beasley-Teague
Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson N Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes N Dunahoo
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix N Oliver Y O'Neal N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A
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
Tankersley N Tanner N Tarvin
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Y Beverly Y Broadrick N Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter N Casas Y Chandler Y Cheokas E Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Duncan Y Ealum Y Efstration N Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye N Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene
Hamilton
Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley
Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves N Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Taylor, D Y Taylor, T E Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson N Welch N Weldon Y Werkheiser 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 21.
The Bill, having received the requisite constitutional majority, was passed.
The Speaker announced the House in recess until 1:45 o'clock, this afternoon.
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AFTERNOON SESSION
The Speaker called the House to order.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 122. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to the procedure for implementing a special purpose local option sales tax, so as to provide for an additional purpose for use of the proceeds of the tax; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 677. By Representatives Thomas of the 56th and Brooks of the 55th:
A RESOLUTION recognizing March 20, 2015, as Dr. Walter Rodney Day in the State of Georgia and commending the Walter Rodney Foundation and the 12th Annual Walter Rodney Symposium; and for other purposes.
HR 678. By Representative Brooks of the 55th:
A RESOLUTION commending Claude Sitton upon being inducted into the Georgia Journalism Hall of Fame; and for other purposes
HR 679. By Representatives Peake of the 141st, Epps of the 144th, Dickey of the 140th, Harbin of the 122nd, Stephens of the 164th and others:
A RESOLUTION commending Mercer University's Walter F. George School of Law and recognizing March 18, 2015, as Legislative Day with Mercer Law at the state capitol; and for other purposes.
HR 680. By Representatives Stovall of the 74th, Waites of the 60th, Scott of the 76th, Jordan of the 77th, Mabra of the 63rd and others:
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A RESOLUTION commending Valerie Larkin; and for other purposes.
HR 681. By Representatives Stovall of the 74th, Waites of the 60th, Douglas of the 78th, Harrell of the 106th, Thomas of the 56th and others:
A RESOLUTION commending men and women in radio broadcasting and recognizing April 21-25, 2015, as Men and Women in Radio Broadcasting Week in the State of Georgia; and for other purposes.
HR 682. By Representatives Thomas of the 56th and Stovall of the 74th:
A RESOLUTION commending Pamela Franklin Stegall; and for other purposes.
HR 683. By Representatives Thomas of the 56th, Bennett of the 94th, Anderson of the 92nd, Mitchell of the 88th and Smyre of the 135th:
A RESOLUTION recognizing and commending Reverend Jai S. Haithco, Sr., on the occasion of his 30th anniversary of service in the African Methodist Episcopal Church; 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 436. By Representatives Clark of the 101st, Cooper of the 43rd, Sims of the 123rd, Kaiser of the 59th, Hawkins of the 27th and others:
A BILL to be entitled an Act to amend Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to control of venereal disease, so as to require that physicians and health care providers offer HIV and syphilis testing of pregnant women in their third trimester of pregnancy; to provide for refusal of testing by a pregnant woman; 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 17 of Title 31 of the Official Code of Georgia Annotated, relating to control of venereal disease, so as to require that physicians and health care providers offer HIV and syphilis testing of pregnant women in their third trimester of pregnancy; to
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provide for refusal of testing by a pregnant woman; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to control of venereal disease, is amended by revising Code Section 31-17-4.2, relating to HIV Pregnancy Screening, as follows:
"31-17-4.2. (a) This Code section shall be known and may be cited as the 'Georgia HIV/Syphilis Pregnancy Screening Act of 2007 2015.' (b) Every physician and health care provider who assumes responsibility for the prenatal care of a pregnant women woman during gestation and at delivery shall be required to test such pregnant women woman for HIV and syphilis except in cases where the woman refuses the testing. Additionally, every physician and health care provider who provides prenatal care of a pregnant woman during the third trimester of gestation shall offer to test such pregnant woman for HIV and syphilis at the time of first examination during that trimester or as soon as possible thereafter, regardless of whether such testing was performed during the first two trimesters of her pregnancy. (c) If at the time of delivery there is no written evidence that an HIV test or a syphilis test has been performed, the physician or other health care provider in attendance at the delivery shall order that a sample of the woman's blood be taken or a rapid oral test test for HIV or syphilis be administered at the time of the delivery except in cases where the woman refuses the testing; provided, however, that if available documentation indicates that a test for HIV or syphilis was already performed during the third trimester of her pregnancy in accordance with subsection (b) of this Code section, and she does not disclose when questioned any activities posing a risk for infection with HIV or syphilis occurring more recently than would have been detected by such test, the physician or health care provider in attendance at the delivery is not required to order such additional test. (d) The woman shall be informed of the test to be conducted and her right to refuse. A pregnant woman shall submit to an HIV test and a syphilis test pursuant to this Code section unless she specifically declines. If the woman tests positive for HIV or syphilis, counseling services provided by the Department of Public Health shall be made available to her and she shall be referred to appropriate medical care providers for herself and her child. (e) If for any reason the pregnant woman is not tested for HIV and syphilis, that fact shall be recorded in the patient's records, which, if based upon the refusal of the patient, shall relieve the physician or other health care provider of any other responsibility under this Code section. (f) The Department of Public Health shall be authorized to promulgate rules and regulations for the purpose of administering the requirements under this Code section."
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SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce
Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman N Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
E Meadows Y Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sims
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 N Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T E Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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.
FRIDAY, MARCH 13, 2015
2531
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 63. By Senators Hill of the 6th, Gooch of the 51st, Albers of the 56th, Bethel of the 54th, Ginn of the 47th and others:
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 provide for manufacturers of malt beverages to make limited retail sales of malt beverages under certain circumstances; to change the definition of a "brewpub"; to provide for licensed brewpubs to sell malt beverages manufactured on its premises to the public for off-premises consumption; to define the term "tasting room"; to provide for legislative intent; to create a limited exception to the three-tier distribution system so as to allow licensed malt beverage manufacturers to sell limited amounts of malt beverages directly to the public for on-premises and offpremises consumption; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bill and Resolutions of the House were taken up for consideration and read the third time:
HB 474. By Representatives Kaiser of the 59th, Clark of the 101st, Dudgeon of the 25th, Mayo of the 84th and Coleman of the 97th:
A BILL to be entitled an Act to amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to charter schools, so as to provide for enrollment priorities in charter schools for educationally disadvantaged students and military 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 Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to charter schools, so as to provide for enrollment priorities in charter schools for
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educationally disadvantaged students and military 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. Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to charter schools, is amended by adding new paragraphs to Code Section 20-2-2062, relating to definitions, to read as follows:
"(4.1) 'Educationally disadvantaged students' means students who are economically disadvantaged, students with disabilities, migrant students, limited English proficient students, neglected or delinquent students, and homeless students." "(10.1) 'Military student' means the dependent child of an active duty military service member who is stationed in Georgia or who is on deployment and lists Georgia as such service member's home of record."
SECTION 2. Said article is further amended by revising Code Section 20-2-2066, relating to admission, enrollment, and withdrawal of students, as follows:
"20-2-2066. (a) A local charter school shall enroll students in the following manner:
(1)(A) A start-up charter school shall enroll any student who resides in the charter attendance zone as specified in the charter and who submits a timely application as specified in the charter unless the number of applications exceeds the capacity of a program, class, grade level, or building. In such case Except for the category included in division (vi) of this subparagraph, all such applicants shall have an equal chance of being admitted through a random selection process unless otherwise prohibited by law; provided, however, that a start-up charter school may give enrollment preference to applicants in any one or more of the following categories in the order of priority specified in the charter:
(i) A sibling of a student enrolled in the start-up charter school; (ii) A sibling of a student enrolled in another local school designated in the charter; (iii) A student whose parent or guardian is a member of the governing board of the start-up charter school or is a full-time teacher, professional, or other employee at the start-up charter school; (iv) Students matriculating from a local school designated in the charter; and (v) Children who matriculate from a pre-kindergarten program which is associated with the school, including, but not limited to, programs which share common facilities or campuses with the school or programs which have established a partnership or cooperative efforts with the school; and (vi) Educationally disadvantaged students; and (vii) Military students.
FRIDAY, MARCH 13, 2015
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(B) A conversion charter school shall enroll any student who resides in the attendance zone specified in the charter and who submits a timely application as specified in the charter. If the number of applying students who reside in the attendance zone does not exceed the capacity as specified in the charter, additional students shall be enrolled based on a random selection process, except for the category included in division (vi) of this subparagraph; provided, however, that a conversion charter school may give enrollment preferences may be given preference to applicants in any one or more of the following categories in the order of priority specified in the charter:
(i) A sibling of a student enrolled in the conversion charter school or in any school in the high school cluster; (ii) Students A student whose parent or guardian is a member of the governing board of the conversion charter school or is a full-time teacher, professional, or other employee at the conversion charter school; (iii) Students who were enrolled in the local school prior to its becoming a conversion charter school; (iv) Students who reside in the charter attendance zone specified in the charter; and (v) Children who matriculate from a pre-kindergarten program which is associated with the school, including, but not limited to, programs which share common facilities or campuses with the school or programs which have established a partnership or cooperative efforts with the school; and (vi) Educationally disadvantaged students; and (vii) Military students; and (2) A student who resides outside the school system in which the local charter school is located may not enroll in that local charter school except pursuant to a contractual agreement between the local boards of the school system in which the student resides and the school system in which the local charter school is located. Unless otherwise provided in such contractual agreement, a local charter school may give enrollment preference to a sibling of a nonresident student currently enrolled in the local charter school. (b) A state chartered special school shall enroll any student who resides in the attendance zone specified in the charter and who submits a timely application as specified in the charter unless the number of applications exceeds the capacity of a program, class, grade level, or building. The period of time during which an application for enrollment may be submitted shall be specified in the charter. In such case Except for the category included in paragraph (6) of this subsection, all such applicants shall have an equal chance of being admitted through a random selection process unless otherwise prohibited by law; provided, however, that a state chartered special school may give enrollment preference to a child of a full-time teacher, professional, or other employee of the state chartered special school as provided for in subsection (b) of Code Section 20-2-293 or to a sibling of a student currently enrolled
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in the state chartered special school applicants in any one or more of the following categories in the order of priority specified in the charter:
(1) A sibling of a student enrolled in the state chartered special school; (2) A sibling of a student enrolled in another local school designated in the charter; (3) A student whose parent or guardian is a member of the governing board of the state chartered special school or is a full-time teacher, professional, or other employee at the state chartered special school; (4) Students matriculating from a local school designated in the charter; (5) Children who matriculate from a pre-kindergarten program which is associated with the state chartered special school, including, but not limited to, programs which share common facilities or campuses with the school or programs which have established a partnership or cooperative efforts with the school; (6) Educationally disadvantaged students; and (7) Military students. (b.1) A charter system shall enroll students in its system charter schools per the terms of the charter and in accordance with state board rules. (c) A charter school shall not discriminate on any basis that would be illegal if used by a school system. (d) A student may withdraw without penalty from a charter school at any time and enroll in a local school in the school system in which such student resides as may be provided for by the policies of the local board. A student who is suspended or expelled from a charter school as a result of a disciplinary action taken by a charter school shall be entitled to enroll in a local school within the local school system in which the student resides, if, under the disciplinary policy of the local school system, such student would not have been subject to suspension or expulsion for the conduct which gave rise to the suspension or expulsion. In such instances, the local board shall not be required to independently verify the nature or occurrence of the applicable conduct or any evidence relating thereto."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Kaiser of the 59th offers the following amendment:
Amend the House Committee on Education substitute to HB 474 (LC 33 6111S) by deleting from line 11 the following: migrant students,
The Committee substitute, as amended, was adopted.
FRIDAY, MARCH 13, 2015
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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 Belton Y Bennett
Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Coomer Y Cooper Y Corbett Y 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
E Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
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HR 36. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION honoring the life and memory of Staff Sergeant Shaun J. Whitehead and dedicating a bridge in his honor; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Dedicating certain portions of the state highway system; and for other purposes.
PART I WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and
WHEREAS, the State of Georgia and this nation continue to mourn the loss of one of its finest citizens with the untimely passing of Staff Sergeant Shaun J. Whitehead on April 24, 2008; and
WHEREAS, a native of Commerce, Georgia, Staff Sergeant Whitehead attended Commerce High School and joined the United States Armed Forces in 2003; and
WHEREAS, he served as a guardian of this nation's freedom and liberty as a member of the A Company, 2nd Battalion, 502nd Infantry Regiment, 2nd Brigade Combat Team; and
WHEREAS, Staff Sergeant Whitehead was struck and killed by a bomb while patrolling on foot in Iskandariyah, Iraq; and
WHEREAS, the untimely passing of this American hero has left an unfillable void in the hearts and lives of his parents, wife, children, family, and friends; and
WHEREAS, Staff Sergeant Whitehead embodied the spirit of service, willing to find meaning in something greater than himself, and it is abundantly fitting and proper that this remarkable and distinguished American be recognized appropriately by dedicating a bridge in his memory.
PART II WHEREAS, Mr. Bill T. Hardman was named Georgia's first tourism director of the Georgia Department of Industry and Trade in 1959 and was charged with the responsibility of building this state's hospitality industry; and
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WHEREAS, Mr. Hardman established and served as president of the Southern Travel Directors' Council, conducted the first Governor's Conference on Tourism in this country, and promoted Georgia at travel conferences around the United States, Canada, and Europe; and
WHEREAS, he helped organize and served as chairman of the National Association of Travel Organizations and served on the organization's board of directors for 49 years; and
WHEREAS, Mr. Hardman developed the concept of building Welcome Centers at major highway entrances for the State of Georgia; and
WHEREAS, in 1991 he created the Southeast Tourism Society's Marketing College at the University of North Georgia; each year 300 students from 13 southern states travel to Dahlonega to participate in this tourism oriented school, which has 804 graduates to date; and
WHEREAS, he was active in the effort to preserve and restore Lumpkin County's original courthouse, which now serves as Dahlonega's Gold Museum, and was part of the group of local civic boosters who led a wagon train loaded with gold mined in Dahlonega to the State Capitol to promote Dahlonega as a major tourism destination; and
WHEREAS, in his beloved hometown of Dahlonega, Mr. Hardman organized the Christmas Decorating Contest for Dahlonega merchants and raised funds to restore and display the Dahlonega Driving Bell, a relic from 1875 found in the Chestatee River; and
WHEREAS, Mr. Hardman was awarded the Tourism Lifetime Achievement Award by the State of Georgia and was inducted into the Atlanta Hospitality Hall of Fame.
PART III WHEREAS, Mr. William Love Walton played a vital role in leadership and demonstrated a deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Armed Forces, valiantly and courageously protecting his fellow Americans during World War II; and
WHEREAS, an upstanding resident of Eatonton, Georgia, for 88 years, Mr. Walton was a dairy farmer and beef farmer, helping to put the city on the map as the dairy capital of the world; and
WHEREAS, Mr. Walton was named Georgia's Soil Conservationist of the Year in the early 1960's; and
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WHEREAS, a man of deep and abiding faith, Mr. Walton was an active member of First Baptist Church of Eatonton; and
WHEREAS, he was united in love and marriage for more than 64 years to his wife, Carolyn Cunningham Walton, and he was blessed with four remarkable children; and
WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating a bridge in his memory.
PART IV WHEREAS, the State of Georgia continues to mourn the loss of one of its most distinguished citizens with the passing of Mrs. Pauline Spearman Brinkley; and
WHEREAS, Mrs. Brinkley was a woman with exceptional values and enduring work ethic, as evidenced by the countless hours she spent inspiring and influencing the children of Faceville and Decatur County, Georgia, through her work with the school lunch room program during and after World War II; and
WHEREAS, a widowed mother of five, Mrs. Brinkley sewed clothes for her children out of patterns cut from newspapers and made her children's upbringing and happiness a priority during the most challenging of financial times; and
WHEREAS, she gave inspiration to many through her high ideals, morals, and deep concern for her fellow citizens, and the devotion, patience, and understanding she demonstrated to her family and friends were admired by others; and
WHEREAS, Mrs. Brinkley was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and by the example she made of her life, she made this world a better place in which to live; and
WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating a road in her memory.
PART V WHEREAS, the State of Georgia continues to mourn the loss of one of its most distinguished citizens with the passing of Senior Police Officer Elmer B. "Buddy" Christian III on March 22, 2011; and
WHEREAS, Officer Christian grew up in Madison County, Georgia, a beloved son of Bud and Carolyn Christian; and
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WHEREAS, Officer Christian 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, he worked with the Athens-Clarke County Transportation and Public Works Department before joining the Athens-Clarke County Police Department in December of 2002 as a police officer; and
WHEREAS, Officer Christian was promoted to Senior Police Officer in March of 2010 and was a member of the department's honor guard; and
WHEREAS, on March 22, 2011, Officer Christian paid the ultimate sacrifice when he was shot and killed in the line of duty; and
WHEREAS, he was posthumously honored with the Sherm Applebaum Award by the Athens Rotary Club, Red Cross Heroes Award by the American Red Cross East Georgia Chapter, Military Order of the Purple Heart, Sworn Employee of the First Quarter of 2011 by the Athens-Clarke County Police Department, and Sworn Employee of the Year for 2011; and
WHEREAS, his name has been added to the wall at the National Law Enforcement Memorial in Washington, D.C., and the Georgia Law Enforcement Memorial; and
WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments and sacrifice of this distinguished Georgian be appropriately recognized by dedicating a bridge in his memory.
PART VI WHEREAS, Mr. James Henning Perry, also known as Uncle Jim Perry of Nashville, was born in May, 1922, in Nashville, Georgia, the beloved son of Edmond and Carrie Dorsey Perry and the brother of Mary Erneste Perry Houston and W.D. "Bill" Perry; and
WHEREAS, Mr. Perry graduated from Berrien County High School, where he was a popular football star, and attended the University of Georgia; and
WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Armed Forces and landed on Utah Beach in Normandy, France, on D-Day; and
WHEREAS, throughout World War II, Mr. Perry fought at the Battle of St. Lo, France, the Liberation of Paris, the Battle of Huertgen Forest, and the Battle of Baston/Battle of the Bulge; and
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WHEREAS, his valor and bravery were recognized with medals and awards which include the Silver Star, Army Accommodation Medal for Valor, Purple Heart, Expert Infantryman's badge, three campaign ribbons for the war in Europe, and National Defense Medal; and
WHEREAS, he was awarded the French Croix de Guerre, a medal equivalent to the Distinguished Service Cross given by the United States Armed Forces, for valor under fire on behalf of the liberation of Paris and the French people; and
WHEREAS, upon his return to the United States after the war, Mr. Perry became a community leader, speaking often around the country; and
WHEREAS, Mr. Perry was the president and owner of the Nashville Grocery Company, a director and agent of Life of the South Insurance Company, and a bank director of the Citizens Bank; and
WHEREAS, a man of deep and abiding faith, Mr. Perry was a devoted member of Nashville United Methodist Church where he sang in the choir and was on the church board; and
WHEREAS, he was united in love and marriage to his supportive wife, Mary Payne Brown, and was blessed with two remarkable children, Jimmy and Kathryn; and
WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments and service of this remarkable and distinguished Georgian be appropriately recognized.
PART VII WHEREAS, Captain Herb Emory was born on April 2, 1953, in Transylvania County, North Carolina; and
WHEREAS, Captain Herb moved to Atlanta in 1971 to attend the Atlanta School of Broadcasting and National School of Broadcasting and began serving as a traffic reporter in Atlanta; and
WHEREAS, throughout his career, Captain Herb worked with numerous local radio stations, including WSNE of Cumming, WDGL of Douglasville, WFOM of Marietta, WACX of Austell, WQXI-AM, 94 Q-Star 94, and Georgia Network News; and
WHEREAS, in 1991 Captain Herb moved to WSB Radio and Channel 2 Action News, where he initiated and helped build the traffic team system and infrastructure, including the concepts of "Red Alerts" and "Triple Team Traffic" which countless Atlanta commuters grew to rely upon for accuracy and up-to-the-minute traffic advisories; and
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WHEREAS, Captain Herb's commitment to helping Atlanta's drivers navigate traffic with ease is evident by his numerous awards and accolades, including at least 15 First Place Awards, including two Green Eyeshades, for news and traffic reports from the Georgia Associated Press Association, and his induction into the Georgia Radio Hall of Fame in 2008; and
WHEREAS, his generosity of spirit and compassion for others was also widely recognized as he hosted the annual Toys for Tots fundraiser at Fred's Barbeque House in Lithia Springs, volunteered with the Douglas County Boys and Girls Club, was a dedicated member of the Douglas County Animal Control Advisory Board, served on the Friends of Sweetwater Creek State Park Board of Directors, and raised awareness against drinking and driving; and
WHEREAS, Captain Herb passed away on April 12, 2014, doing what he did best helping others, and his presence and work has been sorely missed by the Atlanta community; and
WHEREAS, it is abundantly fitting and proper that the members of this body show their gratitude for the life's work of this Atlanta icon by dedicating a bridge in his memory.
PART VIII WHEREAS, Mr. Wayne J. Hawes was born on February 22, 1914, the beloved son of the late Jack and Josephine Dallas Hawes; and
WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Air Corps, valiantly and courageously defending his fellow citizens in World War II; and
WHEREAS, a graduate of Washington High School, Mr. Hawes earned a bachelor's degree from Savannah State University and devoted his career to inspiring young people as an educator; and
WHEREAS, he taught at several elementary schools in Lincoln County and served as a social studies teacher, department chairperson, assistant principal, and accounts manager at West Side High School; and
WHEREAS, a civil rights advocate, Mr. Hawes was a life member of the NAACP, serving as president of his local chapter for many years, and was the first African American member of Lincoln County Board of Education; and
WHEREAS, Mr. Hawes was a charter member of Twilight Improvement, Inc.; cofounder, chief executive officer, and president of Twilight Sewing Plant, Inc; and a
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member of the Northeast Georgia Leadership Council and American Legion Post 597; and
WHEREAS, a man of deep and abiding faith, Mr. Hawes was a member of Ebenezer Baptist Church, where he served as a deacon for 52 years, a Sunday school teacher for more than 60 years, and assistant church clerk; and
WHEREAS, he served as assistant secretary of the Columbia Sunday School Convention and president of the Lincoln County Sunday School Union; and
WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating a bridge in his memory.
PART IX WHEREAS, Mr. Roy William Beaver was born on July 9, 1927, the beloved son of R.A. "Rufus" and Etta Mae Beaver; and
WHEREAS, a member of the VFW Blue Ridge Chapter, Mr. Beaver served as a guardian of this nation's freedom and liberty with the United States military, valiantly and courageously defending his fellow citizens during World War II and the Korean War; and
WHEREAS, he dedicated his career to Levi Strauss & Co. and diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state; and
WHEREAS, Mr. Beaver served on the Fannin County Board of Commissioners and Fannin County Board of Education and was a past master of the Masonic Lodge Blue Ridge Chapter #67; and
WHEREAS, he was united in love and marriage to Patsy Ruth Davenport Beaver for 61 wonderful years, and was blessed with two remarkable children, Michael and Sharon, three grandchildren, and two great-grandchildren; and
WHEREAS, a man of deep and abiding faith, Mr. Beaver was an active member of O'Zion Baptist Church, where he served as secretary and treasurer; and
WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating an intersection in his memory.
PART X WHEREAS, James C. Moore was born in Coffee County in 1930; and
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WHEREAS, he graduated from Nicholls High School, from South Georgia College, and Georgia Southern College (known as Georgia Teachers College at the time); and
WHEREAS, he served in the United States Air Force from 1951 until 1953, rising to the rank of Staff Sergeant; and
WHEREAS, he taught and coached in the Coffee County School System for 13 years, serving at West Green (2), Nicholls (5), Douglas Junior High (2), and Coffee High (4); and
WHEREAS, he also served as Principal of West Green Elementary for one year, Assistant Superintendent for one year, and as Superintendent of Schools for nine years; and
WHEREAS, from 1978-1989, he served in the General Assembly representing Coffee and Atkinson Counties. During this period, he became close friends with the DOT Commissioner, Tom Moreland, and initiated many highway projects that are still providing benefits today. These projects included: the four-laning of U.S. Highway 441 from Douglas to Pearson; the four-laning and adding passing lanes from downtown Douglas to the present high school and to Broxton; the completion of the perimeter road around Douglas, which Mr. Moreland said at the dedication that Douglas was only the third city in Georgia to have a perimeter road behind Atlanta and Athens; the paving of streets in Coffee and Touchton Woods subdivisions; the paving of all roads to churches in Coffee County; the four-laning of SR 158 from Peterson Avenue to Baker Highway (a must for the Wal-Mart Distribution Center to locate in Douglas); and adding wider truck access on the perimeter road for Wal-Mart; and
WHEREAS, while in the General Assembly, James C. Moore served on the Ways and Means, Education, Agriculture, Natural Resources, and QBE Study Committees; and
WHEREAS, he was a member of the Legislative Council to the Southern Regional Education Board (SREB) for five years; and
WHEREAS, James C. Moore sponsored legislation to create the Department of Adult and Technical Education; and
WHEREAS, he resigned from the General Assembly in 1989 to become the VicePresident for Economic Development at Altamaha Technical College in Jesup and served in that position from 1989 until 1992; and
WHEREAS, since he grew up in Coffee County, attended school in Coffee County, returned to Coffee County to live and work as an educator and farmer, and is a landowner and was a former business owner in Douglas, it is only proper and fitting that a lasting
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tribute recognizing the contributions of James C. Moore to the people of Coffee County be established.
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 James David Young on May 4, 1975; and
WHEREAS, a native of Fitzgerald, Georgia, Trooper Young attended the 41st Trooper School and was assigned to service at Post 30 in Cordele, Georgia; and
WHEREAS, this dedicated law enforcement officer's life was cut short when he was killed by a prisoner while working with the Cordele Police Department; and
WHEREAS, Trooper Young exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.
PART XII WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper John Dixon Morris on May 18, 1982; and
WHEREAS, a native of Dublin, Georgia, Trooper Morris attended the 54th Trooper School and was assigned to service at Post 8 in Madison, Georgia; and
WHEREAS, this dedicated law enforcement officer's life was cut short after he was killed in a patrol car crash on Atlanta Highway in Monroe, Georgia; and
WHEREAS, Trooper Morris exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.
PART XIII WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper Mack Allen Page on June 22, 1968; and
WHEREAS, a native of Ellijay, Georgia, Trooper Page attended the 26th Trooper School and was assigned to service with Post 27 in Blue Ridge, Georgia; and
WHEREAS, this dedicated law enforcement officer's life was cut short after a patrol car crash on State Route 2 in Union County; and
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WHEREAS, Trooper Page exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.
PART XIV 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 Herndon Cummings, Colonel John Whitehead, and Colonel Marion Rodgers were influential Tuskegee Airmen who valiantly and courageously served this nation during World War II and were born in or spent years during their childhood in Laurens County, Georgia; and
WHEREAS, a native of Laurens County, Major Herndon Cummings enlisted in the United States Air Corps on June 25, 1942, and was assigned to the 447th Bomber Group with whom he served for four years;
WHEREAS, upon completion of his service with the Air Corps, Major Cummings enlisted with the United States Air Force Reserve and dedicated 20 years of additional service to the nation; and
WHEREAS, Colonel Marion Rodgers was raised in Dublin, Georgia, and served with an anti-aircraft artillery unit and as a radio operator prior to attending flight school; and
WHEREAS, Colonel Rodgers was assigned to the 99th Fighter Squadron, the "Red Tails," and dedicated 22 years to the Air Force before working in the civil service field for 17 years; and
WHEREAS, Colonel Rodgers spent a year working for N.A.S.A. as a program manager on the mission for Apollo 13 and was prominent in the development of electronics and communications procedures with N.O.R.A.D.; and
WHEREAS, Colonel John Whitehead spent several years during his youth in Laurens County and flew several missions over Europe during World War II; and
WHEREAS, known as "Mr. Death" by his fellow pilots, Colonel Whitehead was the first African American test pilot for the Air Force and during his 30 year career spent more than 9,500 hours in the air; and
WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of these distinguished Georgians be appropriately recognized with the naming of an interchange in their honor.
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PART XV WHEREAS, MSG Reginald S. Carter, Sr., was recognized by the citizens of this state for the vital role that he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Armed Forces for over 25 years during World War II and the Vietnam War; and
WHEREAS, MSG Carter diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service with the Taylor County Board of Education and the Tax Assessors Board; and
WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness; and
WHEREAS, it is abundantly fitting and proper that the extraordinary life of this distinguished Georgian be appropriately recognized by dedicating a bridge in his memory.
PART XVI WHEREAS, Lieutenant Kelso C. Horne served as a guardian of this nation's freedom and liberty as a second lieutenant in the 82nd Airborne Division during World War II; and
WHEREAS, Lieutenant Horne was a resident of Dublin, Georgia, and graced the cover of LIFE magazine on August 14, 1944, as a representation of the one of thousands of men who were fighting to win the battle for France; and
WHEREAS, at 2:06 A.M. on June 6, 1944, Lieutenant Horne leapt from his transport plane and parachuted into Normandy; and
WHEREAS, after weeks of fighting to gain ground against the enemy, Lieutenant Horne was at the head of an infantry column that was advancing on a German-held town when he was stopped by a staff car and asked to be photographed; and
WHEREAS, Lieutenant Horne was injured by shellfire in July 1944, and as he healed from his injuries in England he saw his photo on the cover of LIFE magazine; and
WHEREAS, after he returned home from the war, Lieutenant Horne continued to serve his country with the United States Postal Service; and
WHEREAS, it is only fitting and proper that a lasting tribute to Lieutenant Horne's memory and life of service to his country be established.
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PART XVII NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on State Route 82 at Interstate 85 in Jackson County is dedicated as the Staff Sergeant Shaun J. Whitehead Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that State Route 400 in Dawson and Lumpkin counties is dedicated as the Bill T. Hardman Hospitality Highway.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 16 over Rooty Creek in Putnam County is dedicated as the William Love Walton Bridge.
BE IT FURTHER RESOLVED AND ENACTED that State Route 302 in Decatur County from its intersection with State Route 97 to the Florida state line is dedicated as the Pauline Spearman Brinkley Highway.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on U.S. 78/State Route 10 Business over the Middle Oconee River in Clarke County is dedicated as the Officer Buddy Christian Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 76 at milepost 3.19 in Berrien County is dedicated as the 1st LT James H. Perry "Uncle Jim" Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on Lee Road over Interstate 20 in Douglas County is dedicated as the Captain Herb Emory Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 79 over Soap Creek in Lincoln County is dedicated as the Wayne J. Hawes Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 515 and Loving Road in Fannin County is dedicated as the Roy William Beaver Intersection.
BE IT FURTHER RESOLVED AND ENACTED that the members of this body recognize the outstanding contributions of James C. Moore and dedicate the portion of U.S. 221 North from the city limits of Douglas to the West Green city limits as the James C. Moore Memorial Highway.
BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 107 from the eastern city limit of Fitzgerald to the intersection with Eastside Church Road is dedicated as the Trooper James David Young Memorial Highway.
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BE IT FURTHER RESOLVED AND ENACTED that the portion of US 441/GA 24 from the northern city limit of Eatonton to the southern city limit of Madison is dedicated as the Trooper John Dixon Morris Memorial Highway.
BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 52 from its intersection with Rackley Road to the Dawson County line is dedicated as the Trooper Mack Allen Page Memorial Highway.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of U.S. Route 80 at U.S. 441 Bypass in Laurens County is dedicated as the Tuskegee Airmen Major Herndon Cummings, Colonel John Whitehead, and Colonel Marion Rodgers Interchange.
BE IT FURTHER RESOLVED AND ENACTED that the southbound bridge on State Route 3 over Cedar Creek in Taylor County is dedicated as the MSG Reginald S. Carter, Sr., Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the portion of U.S. Route 441/State Route 117 in Laurens County from State Route 19 to U.S. Route 80 is dedicated as the Lieutenant Kelso Horne 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 is authorized and directed to make appropriate copies of this resolution available for distribution to the Department of Transportation and to the families of Staff Sergeant Shaun J. Whitehead; Mr. Bill T. Hardman; Mr. William Love Walton; Mrs. Pauline Spearman Brinkley; Officer Elmer B. "Buddy" Christian; Mr. James Henning Perry; Captain Herb Emory; Mr. Wayne J. Hawes; Mr. Roy William Beaver; James C. Moore; Trooper James David Young; Trooper John Dixon Morris; Trooper Mack Allen Page; Tuskegee Airmen Major Herndon Cummings, Colonel John Whitehead, and Colonel Marion Rodgers; MSG Reginald S. Carter, Sr.; and Lieutenant Kelso C. Horne.
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 Coomer Y Cooper Y Corbett Y Dawkins-Haigler
Y Harbin Y Harden Y Harrell Y Hatchett
E Meadows Y Mitchell Y Morris Y Mosby
Y Smith, E Y Smith, L Y Smith, M Y Smith, R
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2549
Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves
Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 172, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
The Speaker Pro Tem assumed the Chair.
HR 519. By Representatives Roberts of the 155th, Houston of the 170th, Carter of the 175th, England of the 116th and LaRiccia of the 169th:
A RESOLUTION recognizing Mr. Harry Mixon and Mr. Brad Dorminy and naming a building in their honor; and for other purposes.
The following Committee substitute was read and adopted:
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A RESOLUTION
Recognizing Mr. Harry Mixon and Mr. Brad Dorminy and naming a building in their honor; and for other purposes.
WHEREAS, a building on the campus of Wiregrass Georgia Technical College is currently named Irwin Hall; and
WHEREAS, the members of this body desire to rename this building as Dorminy-Mixon Hall in honor of Mr. Harry Mixon and Mr. Brad Dorminy.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the building currently named Irwin Hall on the campus of Wiregrass Georgia Technical College is renamed Dorminy-Mixon Hall.
BE IT FURTHER RESOLVED that the Technical College System of Georgia is authorized to erect and maintain appropriate signs naming Dorminy-Mixon Hall on the Wiregrass Georgia Technical College campus.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to make appropriate copies of this resolution available for distribution to Mr. Paul V. Liles, Jr., and to the Technical College System of Georgia.
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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, J.B.
E Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley
FRIDAY, MARCH 13, 2015
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Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves
Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 171, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 185. By Senators Tippins of the 37th, Unterman of the 45th, Millar of the 40th, Thompson of the 14th, Miller of the 49th and others:
A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a program of clinical trials of cannabidiol or cannabidiol-containing products for use in treating certain residents of this state under 18 years of age who have medication-resistant epilepsies; to provide for immunity from criminal prosecution; to provide for related matters; to provide effective dates; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
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SR 26. By Senator Ligon, Jr. of the 3rd:
A RESOLUTION creating the Joint House and Senate Coastal Greenway Study Committee; and for other purposes.
SR 441. By Senator James of the 35th:
A RESOLUTION recognizing Ms. Gladys Maria Knight and dedicating a road in her honor; 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 215. By Representative Ralston of the 7th:
A RESOLUTION honoring the life and memory of the Honorable Ronald Lee Newton and dedicating a road in his honor; 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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
E Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes
Y Smith, E Y Smith, L Y Smith, M
Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell E Turner Y Waites Y Watson Y Welch
FRIDAY, MARCH 13, 2015
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Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Weldon Y Werkheiser 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 170, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The Speaker assumed the Chair.
The following report of the Committee on Rules was read and adopted:
HOUSE SUPPLEMENTAL RULES CALENDAR FRIDAY, MARCH 13, 2015
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 30th Legislative Day as enumerated below:
DEBATE CALENDAR
Open Rule
HB 180 HB 245
War Veterans' Home; residency requirements to qualify for admission; revise (D&VA-Kidd-145th) Condominiums; amount permissible as a special assessment fee; change (Judy-Dollar-45th)
Modified Open Rule
HB 209 HB 531 HB 552
Georgia Special Needs Scholarship Act; prior school year attendance requirement to prior semester; revise (Substitute)(Ed-Cantrell-22nd) Nonresidents; grounds for exercising personal jurisdiction over nonresidents; change provisions (Judy-Mabra-63rd) Insurance; provide changes to the captive insurance company provisions; add definitions (Substitute)(Ins-Williamson-115th)
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Modified Structured Rule
HB 17 HB 84
HB 152
HB 153 HB 201 HB 230 HB 299 HB 370
HB 401
HB 409
HB 416 HB 418 HB 429
HB 432
HB 452 HB 470 HB 475
Hidden Predator Act; enact (Substitute)(Judy-Spencer-180th) Insurance; denial of an aircraft claim unless the insured's action or failure to act had a direct causal connection to loss upon which claim is based; prohibit (Substitute)(Ins-Cheokas-138th)(AM 37 0271) Alcoholic beverages; holders of certain alcohol licenses and those who issue such licenses; impose certain requirements (Substitute) (RegI-Duncan-26th) Courts; civil action for damages; provide (Substitute)(RegI-Weldon-3rd) Public utilities; telephone system for the physically impaired; provisions (Substitute)(EU&T-Parsons-44th) Claims Advisory Board; compensation of persons wrongfully convicted and imprisoned; provide (Substitute)(JudyNC-Hugley-136th) Contracts; provide for definitions; provisions (Substitute) (B&B-Dunahoo-30th) Elections; provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; provisions (Substitute) (GAff-Fleming-121st) Early care and learning; revise terminology relating to restrictions on persons with criminal records with regard to child, family or group-care facilities; provisions (Ed-Efstration-104th) Insurance; reimbursement for treatment of burns for skin substitutes utilizing cadaver derived skin tissue or nonhuman xenographic derived skin tissue; provide (Substitute)(Ins-Taylor-173rd) Consumer Information and Awareness Act; enact (Substitute) (H&HS-Rogers-29th) Grand jurors; prohibit certain individuals from serving; provisions (Substitute)(Judy-Reeves-34th) Insurance; no health benefit plan shall restrict coverage for prescribed treatment based upon insured's diagnosis with a terminal condition; provide (Ins-Stephens-164th)(AM 25 1344) Annexation of territory; local Acts providing for deannexation of property from a municipality and annexation of same property to another municipality which are effective on the same day do not create a prohibited unincorporated island; provide (GAff-Raffensperger-50th) Protective Order Registry Act; enact (Judy-Ballinger-23rd) The Pharmacy Audit Bill of Rights; change certain provisions (Substitute)(Ins-Knight-130th) Game and fish; hunting of feral hogs; revise provisions (Substitute) (GF&P-McCall-33rd)
FRIDAY, MARCH 13, 2015
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HB 505 HB 535 HB 537 HB 565 HB 567 HB 568
Physical therapists; licensure and regulations of therapists and therapy assistants; revise various provisions (Substitute)(H&HS-Cooper-43rd) (AM 33 1531) Alcoholic beverages; local authorization of sale of alcohol for consumption on the premises is lawful during a certain time on Sunday; provide (RegI-Harrell-106th) Medical assistance; provide single administrator for dental services for Medicaid recipients and PeachCare for Kids participants; provisions (H&HS-Rogers-29th) Agriculture; Georgia Tobacco Community Development Board Overview Committee; eliminate (I&A-Cheokas-138th) Alimony and child support; jurisdiction of courts that hear contempt proceedings; expand (Substitute)(Judy-Dempsey-13th) Paternity; testing in certain cases; revise provisions (Substitute) (JuvJ-Dempsey-13th)(AM 29 2390)
Structured Rule
HB 221
Ad valorem tax; property; change certain definitions (Substitute) (W&M-Powell-171st)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
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 418. By Representatives Reeves of the 34th, Tanner of the 9th, Efstration of the 104th, Ramsey of the 72nd and Strickland of the 111th:
A BILL to be entitled an Act to amend Code Section 15-12-60 of the Official Code of Georgia Annotated, relating to the qualifications for grand jurors, so as to prohibit certain individuals from serving as grand jurors; to prohibit quashing of indictments when ineligible grand jurors serve on a grand jury; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
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A BILL TO BE ENTITLED AN ACT
To amend Code Section 15-12-60 of the Official Code of Georgia Annotated, relating to the qualifications for grand jurors, so as to prohibit certain individuals from serving as grand jurors; to prohibit quashing of indictments when ineligible grand jurors serve on a grand jury; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-12-60 of the Official Code of Georgia Annotated, relating to the qualifications for grand jurors, is amended by revising subsection (c) and adding a new subsection to read as follows:
"(c) The following individuals shall not be eligible to serve as a grand juror: (1) Any person individual who has been convicted of a felony in a state or federal court who has not had his or her civil rights restored; and any person (2) Any individual who has been judicially determined to be mentally incompetent shall not be eligible to serve as a grand juror; (3) Any individual in a pretrial release program, a pretrial release and diversion program, or a pretrial intervention and diversion program, as provided for in Article 4 of Chapter 18 of Title 15 or Article 5 of Chapter 8 of Title 42 or pursuant to Uniform Superior Court Rule 27, a similar diversion program from another state, or a similar federal court diversion program; (4) Any individual sentenced pursuant to Code Section 16-13-2 who has not completed the terms of his or her sentence; (5) Any individual serving a sentence pursuant to Article 3 of Chapter 8 of Title 42 or serving a first offender sentence pursuant to another state's law; and (6) Any individual who is participating in a drug court division, mental health court division, veterans court division, a similar court program from another state, or a similar federal court program.
(d) If an indictment is returned, and a grand juror was ineligible to serve as a grand juror pursuant to subsection (c) of this Code section, such indictment shall not be quashed solely as a result of such ineligibility."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
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2557
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 N Bell Y Belton N Bennett Y Bentley Y Benton Y Beskin N Beverly E Broadrick N Brockway N Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Coomer Y Cooper Y Corbett N Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar N Douglas N Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan N Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd N Frazier N Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. N Jones, L N Jones, S N Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell N Mayo Y McCall N McClain
E Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J N Prince Y Pruett Y Quick Y Raffensperger N Rakestraw E Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T N Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sims
N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Stovall N Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, E Y Trammell E Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 129, nays 40.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 535. By Representatives Harrell of the 106th, Powell of the 32nd, Kaiser of the 59th, Frye of the 118th, Peake of the 141st and others:
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 provide that governing authorities of counties and municipalities in which the sale of
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alcoholic beverages for consumption on the premises is lawful may authorize sales of such alcoholic beverages during a certain time on Sundays; to change the time on Sunday during which farm wineries may sell certain wine for consumption on the premises; 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 N Allison
Anderson N Atwood Y Ballinger
Barr N Battles Y Beasley-Teague Y Bell N Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner N Burns N Caldwell, J Y Caldwell, M N Cantrell N Carson Y Carter N Casas N Chandler
Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman N Cooke
N Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson N Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes N Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart N England N Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner N Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley N Greene N Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson N Hightower N Hitchens Y Holcomb Y Holmes N Houston Y Howard Y Hugley N Jackson Y Jacobs N Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby N Knight N LaRiccia Y Lumsden Y Mabra Y Marin N Martin Y Maxwell Y Mayo Y McCall Y McClain
E Meadows Y Mitchell N Morris Y Mosby N Nimmer N Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake N Petrea Y Pezold Y Powell, A Y Powell, J Y Prince N Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves N Rhodes N Rice N Roberts N Rogers, C Y Rogers, T Y Rutledge
Rynders Y Scott Y Setzler N Sharper Y Shaw Y Sims
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 N Strickland N Tankersley N Tanner Y Tarvin N Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites N Watson N Welch Y Weldon N Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A N Williams, C Y Williams, E N Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 121, nays 47.
The Bill, having received the requisite constitutional majority, was passed.
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HB 565. By Representatives Cheokas of the 138th, Williams of the 119th and Dunahoo of the 30th:
A BILL to be entitled an Act to amend Chapter 18 of Title 2 of the Official Code of Georgia Annotated, relating to the Tobacco Community Development Board, so as to eliminate the Georgia Tobacco Community Development Board Overview Committee; 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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks
Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Cooper
Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar
Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
E Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C
Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
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On the passage of the Bill, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 114. By Senators Hill of the 32nd, Shafer of the 48th, Cowsert of the 46th, Hill of the 6th, Harper of the 7th and others:
A RESOLUTION creating the Joint Entrepreneur in Residence Study Committee; and for other purposes.
SR 282. By Senators Albers of the 56th and Mullis of the 53rd:
A RESOLUTION creating the Joint Peace Officer and Firefighter Occupational Disease Study Committee; 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 370. By Representatives Fleming of the 121st, Wilkerson of the 38th, Fludd of the 64th, England of the 116th, Powell of the 32nd and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; to provide for exceptions; to provide for refunds of certain civil penalties and fees; to provide for legislative findings; 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
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To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that no person shall be eligible for or shall qualify for party nomination for or election to public office if such person or such person's campaign committee from a previous primary or election has certain outstanding late fees, fines, or penalties under the Ethics in Government Act; to provide for exceptions; to provide definitions; to provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; to provide for exceptions; to provide for refunds of certain civil penalties and fees; to provide for an exception from contribution limitations for contributions or expenditures made by a party caucus of the House of Representatives or the Senate in support of a party ticket or a group of named candidates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections, is amended in Code Section 21-2-8, relating to eligibility for party nomination, public office, or performance of certain official acts of persons convicted and sentenced for certain crimes, illegally holding any public funds, and effect of disqualification of superintendent, by designating the existing text as subsection (a) and adding a new subsection to read as follows:
"(b) No person shall be eligible for or shall qualify for party nomination for or election to public office if such person or such person's campaign committee from any previous primary or election has outstanding late fees, fines, or penalties pursuant to paragraph (14) of subsection (b) of Code Section 21-5-6, Code Section 21-5-7.1, or subsection (k) of Code Section 21-5-34; provided, however, that, if such person or person's campaign committee has a pending request for a waiver under Code Section 21-5-7.2 or if such waiver or any late fee, fine, or penalty has been appealed and such appeal is pending, such person shall be permitted to qualify."
SECTION 2. Said title is further amended in Code Section 21-5-3, relating to definitions, by revising paragraph (12) and adding new paragraphs (5.1), (10.1), and (12.1) to read as follows:
"(5.1) 'Communication' means: (A) A paid advertisement broadcast over radio, television, cable, or satellite; (B) A paid placement of content on the Internet or other electronic communication networks; (C) A paid advertisement published in a periodical or on a billboard; (D) Paid telephone communications that are directed to 100 or more households; (E) Mailings that are sent or distributed to 100 or more households; or (F) Printed materials that exceed 1,000 copies."
"(10.1) 'Election targeted issue advocacy' means any communication other than express election advocacy made within 180 days of an election that:
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(A) Refers to one or more clearly identified candidates in such election; (B) Depicts the name, image, likeness, or voice of one or more clearly identified candidates in such election; (C) Refers to a political party or body having candidates on the ballot at such election; or (D) Refers to a constitutional amendment, referendum, or other question being submitted to the voters in such election." "(12) 'Expenditure' means a purchase, payment, distribution, loan, advance, deposit, or any transfer of money or anything of value made for the purpose of influencing the nomination for election or election of any person, bringing about the recall of a public officer holding elective office or opposing the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in this state or in a county or a municipal election in this state. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. The term 'expenditure' shall also include the payment of a qualifying fee for and on behalf of a candidate. The term shall include the purchase of or payment for communications for express election advocacy and election targeted issue advocacy. (12.1) 'Express election advocacy' means any communication made at any time that: (A) Contains express words, such as 'vote,' 'oppose,' 'support,' 'elect,' 'defeat,' or 'reject,' which call for the nomination, election, or defeat of one or more clearly identified candidates, the election or defeat of one or more political parties or bodies, or the passage or defeat of one or more constitutional amendments, referenda, or other questions submitted to the voters in any election; or (B) Otherwise refers to or depicts one or more clearly identified candidates, political parties or bodies, or constitutional amendments, referenda, or other questions submitted to the voters in a manner that is susceptible to no reasonable interpretation other than as a call for the nomination, election, or defeat of such candidates in an election, the election or defeat of such political parties or bodies, or the passage or defeat of constitutional amendments, referenda, or other questions submitted to the voters in any election."
SECTION 3. Said title is further amended by adding a new Code section to read as follows:
"21-5-7.2. (a) Upon written request of a candidate or in a response by the candidate to any notification from the commission alleging noncompliance with the provisions of this chapter for filings required between January 1, 2010, and January 10, 2014, the commission shall be authorized to waive late fees, fines, and civil penalties incurred by candidates for public office for those offices defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3 regarding the late, incomplete, or nonfiling of
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2563
campaign disclosure reports and personal financial disclosure reports. Such request or response shall be filed not later than December 31, 2015. (b) For candidates who paid late fees, fines, or civil penalties between January 1, 2014, and the effective date of this Code section based upon alleged noncompliance with the provisions of this chapter for filings required between January 1, 2010, and January 10, 2014, such candidates may make a written request to the commission for a waiver under this Code section, and, if granted, the commission may refund such late fees, fines, and civil penalties to the candidate and shall expunge all of the alleged violations which were the basis of such late fees, fines, or civil penalties from the candidate's records. Such request shall be filed not later than December 31, 2015. (c) With regard to filings which were required under this chapter during the period between January 1, 2010, and January 10, 2014, there shall be a rebuttable presumption that all candidates for a public office for those offices defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3 timely filed or attempted to file the required reports but were unable to do so as a result of the problems with the commission's computer system during such time period. Such rebuttable presumption may be overcome by proof that such candidate knowingly and willfully refused to file the required report during such period. (d) The commission shall approve or deny each request for waiver within 12 months after receipt of the request by the commission. If such request for a waiver is denied, the candidate may, within 30 days following the candidate's receipt of notice of the denial, demand a hearing on such request for a waiver before the Office of State Administrative Hearings. (e) In the event that the commission grants a waiver under this Code section and within two years following the effective date of this Code section discovers evidence that the person to whom such waiver was granted was guilty of knowingly and willfully refusing to file the report or reports for which such waiver was granted, the commission may revoke such waiver, reimpose all such late fees, fines, and penalties, and take such further actions as the commission is authorized to do as if such waiver had never been granted."
SECTION 4. Said title is further amended in Code Section 21-5-41, relating to maximum allowable contributions, by revising subsection (j) as follows:
"(j) The contribution limitations provided for in this Code section shall not include contributions or expenditures made by a political party or party caucus of the House of Representatives or the Senate in support of a party ticket or a group of named candidates."
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
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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 Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
E Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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.
FRIDAY, MARCH 13, 2015
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HB 180. By Representatives Kidd of the 145th, Epps of the 144th, Yates of the 73rd, Sharper of the 177th and Peake of the 141st:
A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the War Veterans' Home, so as to revise residency requirements to qualify for admission to the War Veterans' Home; to 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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
E Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge
Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
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On the passage of the Bill, the ayes were 171, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 245. By Representatives Dollar of the 45th, Kelley of the 16th, Powell of the 171st, Atwood of the 179th and Evans of the 42nd:
A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, so as to change the amount permissible as a special assessment fee; 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 N Barr Y Battles Y Beasley-Teague Y Bell Y Belton N Bennett Y Bentley N Benton Y Beskin Y Beverly E Broadrick N Brockway Y Brooks Y Bruce Y Bryant Y Buckner N Burns N Caldwell, J N Caldwell, M Y Cantrell N Carson Y Carter N Casas Y Chandler Y Cheokas E Clark, D
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson N Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton N Golick
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson N Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd N Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin
Martin
E Meadows Y Mitchell Y Morris Y Mosby Y Nimmer N Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince N Pruett N Quick N Raffensperger N Rakestraw E Ramsey Y Randall Y Reeves N Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T N Rutledge N Rynders Y Scott
N Smith, E N Smith, L Y Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson
Stovall N Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D N Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson N Welch Y Weldon N Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A N Williams, C
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N Clark, H Y Clark, V Y Coleman Y Cooke
Y Gordon N Gravley Y Greene Y Hamilton
Y Maxwell Y Mayo Y McCall Y McClain
Y Setzler Y Sharper Y Shaw Y Sims
Y Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 131, nays 39.
The Bill, having received the requisite constitutional majority, was passed.
HB 552. By Representatives Williamson of the 115th, Shaw of the 176th, Smith of the 134th, Efstration of the 104th and Golick of the 40th:
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 changes to the captive insurance company provisions; to add certain definitions; to change prerequisites to transacting insurance; to amend provisions relating to directors; to revise the required amounts of capital or surplus for each captive insurance company; to provide for application of certain provisions to the examination of a captive insurance company and add confidentiality of certain information and documents provided to the Commissioner; to change the taxation requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for changes to the captive insurance company provisions; to add certain definitions; to change prerequisites to transacting insurance; to amend provisions relating to directors; to revise the required amounts of capital or surplus for each captive insurance company; to provide for application of certain provisions to the examination of a captive insurance company and add confidentiality of certain information and documents provided to the Commissioner; to change the taxation requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising Code Section 33-41-2, relating to definitions, as follows:
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"33-41-2. Terms not otherwise defined in this chapter shall have the same meaning ascribed to them in this title. As used in this chapter, unless the context otherwise requires, the term:
(1) 'Affiliate' means an individual, partnership, corporation, trust, or estate that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with one or more of the shareholders or members of a captive insurance company. Affiliates shall also include employees of any shareholder or member, or any affiliate thereof, of a captive insurance company. For the purpose of the foregoing definition of affiliate, 'control' means:
(A) Ownership of shares of a corporation possessing 50 percent or more of the total voting power of all classes of shares entitled to vote or possessing 50 percent or more of the total value of the outstanding shares of the corporation; and (B) Ownership of 50 percent or more by value of the beneficial interests in a partnership, trust, or estate. (2) 'Association' means any membership organization whose members consist of a group of individuals, corporations, partnerships, or other associations who engage in similar or related professional, trade, or business activities and who collectively own, control, or hold with power to vote all of the outstanding voting interests of an association captive insurance company or of a corporation that is the sole shareholder of an association captive insurance company. (3) 'Association captive insurance company' means any domestic insurance company granted a certificate of authority under this chapter to insure or reinsure the similar or related risks of members and affiliates of members of its association. (4) 'Captive insurance company' means any pure captive insurance company, association captive insurance company, industrial insured captive insurance company, or risk retention group captive insurance company. (5) 'Controlled unaffiliated business' means: (A) A person:
(i) That is not an affiliate; (ii) That has an existing contractual relationship with an affiliate under which the affiliate bears a potential financial loss; and (iii) The risks of which are managed by a captive insurance company under an arrangement approved by the Commissioner; or (B) A reinsurance pooling arrangement with other captive insurance companies that is approved by the Commissioner. (5)(6) 'Industrial insured' means an insured: (A) Who procures the insurance of any risk or risks through the use of the services of a full-time employee who acts as an insurance manager, risk manager, or insurance buyer or through the services of a person licensed as a property and casualty agent, broker, or counselor in such person's state of domicile; (B) Whose aggregate annual premiums for insurance on all risks total at least $25,000.00; and
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(C) Who either: (i) Has at least 25 full-time employees; (ii) Has gross assets in excess of $3 million; or (iii) Has annual gross revenues in excess of $5 million.
(6)(7) 'Industrial insured captive insurance company' means any domestic insurance company granted a certificate of authority under this chapter to insure or reinsure the risks of industrial insureds and their affiliates and which has as its shareholders or members only industrial insureds that are insured or reinsured by the industrial insured captive insurance company or which has as its sole shareholder or sole member a corporation whose only shareholders are industrial insureds that are insured or reinsured by the industrial insured captive insurance company. (7)(8) 'Parent' means a corporation which directly owns shares representing more than 50 percent of the total outstanding voting power and value of a pure captive insurance company. (8)(9) 'Pure captive insurance company' means any domestic insurance company granted a certificate of authority under this chapter to insure or reinsure the risks of its parent and affiliates of its parent, and controlled unaffiliated business. (9)(10) 'Risk retention group captive insurance company' is any pure, association, or industrial insured captive insurance company which has been granted a certificate of authority under this chapter and determined by the Commissioner to be established and maintained as a 'risk retention group' as defined under the federal Liability Risk Retention Act of 1986, as amended. A risk retention group may be chartered and licensed either under this chapter or under Chapter 40 of this title. (10)(11) 'Transact,' as used in this chapter, shall not include the organizational activities associated with the preliminary formation, incorporation, petitioning for a certificate of authority, and initial capitalization of a captive insurance company."
SECTION 2. Said title is further amended by revising Code Section 33-41-4, relating to prerequisites to transacting insurance, as follows:
"33-41-4. No captive insurance company may transact any insurance in this state unless:
(1) It first obtains from the Commissioner a certificate of authority authorizing it to transact insurance in this state; (2) It maintains its principal place of business in this state; and (3) Any organization providing the principal administrative or management services to such captive insurance company shall maintain its principal place of business in this state and shall be approved by the Commissioner; and (4) Its board of directors holds at least one meeting each year in this state."
SECTION 3. Said title is further amended by revising Code Section 33-41-7, relating to directors, as follows:
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"33-41-7. (a) The affairs of every captive insurance company shall be managed by not less than three directors. (b) At least one-third one of the directors of every captive insurance company must shall be a resident of this state, except that no more than three directors shall be required to be residents of this state. A and a majority of the directors must shall be citizens of the United States. (c) Every captive insurance company must shall report to the Commissioner within 30 days after any change in its directors including in its report a statement of the business and professional background and affiliations of any new director."
SECTION 4. Said title is further amended by revising subsection (a) of Code Section 33-41-8, relating to amount of capital or surplus, as follows:
"(a) The amount of minimum capital or surplus required for each captive insurance company shall be determined on an individual basis, however:
(1) No A pure captive insurance company incorporated as a stock insurer shall be issued a certificate of authority unless it shall possess and thereafter maintain a minimum of $500,000.00 in capital maintain at least $250,000.00 in surplus; or (2) No An association captive insurance company incorporated as a mutual insurer shall be issued a certificate of authority unless it shall possess and thereafter maintain a minimum of $500,000.00 in surplus. maintain at least $500,000.00 in surplus; (3) An industrial insured captive insurance company shall maintain at least $500,000.00 in surplus; and (4) A risk retention group shall maintain at least $500,000.00 in surplus. The Commissioner may require additional capital or surplus of any captive insurance company in an amount he or she deems appropriate under the circumstances based on the captive insurance company's business plan as described in paragraph (2) of subsection (a) of Code Section 33-41-10. Additional capital or surplus may be required if the captive insurance company's business plan indicates that an increase is required in order for the captive insurance company to meet its contractual obligations to its policyholders or to maintain its solvency."
SECTION 5. Said title is further amended by revising Code Section 33-41-16, relating to examination by the Commissioner or agent, as follows:
"33-41-16. (a) The Commissioner or his or her designated agent may visit each captive insurance company at any time and examine its affairs in order to ascertain its financial condition, its ability to fulfill its contractual obligations, and its compliance with this chapter. For these purposes, the Commissioner or his or her designated agent shall have free access to all of the books and records relating to the business of the captive insurance
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company. The expenses and charges of any examination conducted pursuant to this Code section shall be paid directly by the captive insurance company examined. (b) When necessary or desirable to assist in any examination under this Code section, the Commissioner may retain such independent agents as described in subsection (b) of Code Section 33-41-10, as the Commissioner deems appropriate, in order to facilitate his or her examination under this Code section. The expenses and charges of such persons so retained or designated shall be paid directly by the captive insurance company. The provision of subsection (g) of Code Section 33-2-14 shall apply to examinations of any captive insurance company. (c) All portions of license applications reasonably designated confidential by or on behalf of an applicant pure captive insurance company, all information and documents, and any copies of the foregoing, produced or obtained by or submitted or disclosed to the Commissioner pursuant to this chapter that are reasonably designated confidential by a pure captive insurance company, and all examination reports, preliminary examination reports, working papers, recorded information, other documents, and any copies of any of the foregoing, produced or obtained by or submitted or disclosed to the Commissioner pursuant to this chapter shall be given confidential treatment, except as to disclosures consented to by the pure captive insurance company, and shall not be subject to subpoena, shall not be made public by the Commissioner, and shall not be provided or disclosed to any other person at any time except to:
(1) Insurance commissioners of any state or of any foreign country or jurisdiction, provided that:
(A) Such receiving party shall agree in writing to maintain the confidentiality of such information; and (B) The laws of the receiving party require such information to be and to remain confidential; or (2) A law enforcement official or agency of this state, any other state, or the United States of America so long as such official or agency agrees in writing to hold it confidential and in a manner consistent with this Code section."
SECTION 6. Said title is further amended by revising Code Section 33-41-22, relating to taxation, as follows:
"33-41-22. In lieu of any other taxes imposed by this title, all captive insurance companies licensed under this chapter shall pay the following taxes:
(1) All captive insurance companies chartered and licensed under this chapter, except pure captive insurance companies, shall be taxed under the provisions of Chapter 8 of this title and any other provisions of law in the same manner as other domestic insurance companies; and (2) A pure captive insurance company shall pay a tax at the rate of four-tenths of 1 percent on the first $20 million and three-tenths of 1 percent on each dollar thereafter
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on the direct premiums collected and the annual maximum aggregate tax shall be $100,000.00."
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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes
Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J
Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
E Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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.
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The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 152. By Representatives Duncan of the 26th, Dudgeon of the 25th, Tankersley of the 160th, Martin of the 49th, Frye of the 118th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 3 of the O.C.G.A., relating to the regulation of alcoholic beverages generally, so as to impose certain requirements upon holders of certain alcohol licenses and those who issue such 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 Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to impose certain requirements upon holders of certain alcohol licenses and those who issue such licenses; to provide for definitions; to change certain provisions relating to notice to the Department of Revenue of violations relating to the sale of alcoholic beverages to underage persons; to require self-reporting of disciplinary actions to the department by persons licensed to manufacture, distribute, or sell alcoholic beverages; to provide for fines and penalties; to provide for the reporting of certain disciplinary actions by counties and municipalities which issue licenses or permits for the manufacture, distribution, or sale of alcoholic beverages; to provide for the state revenue commissioner to promulgate certain rules and regulations; to prohibit individuals under a certain age from being bouncers for or entering certain establishments; 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 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by adding a new paragraph to Code Section 3-1-2, relating to definitions, to read as follows:
"(2.1) 'Bar' means any premises at which a retailer licensed pursuant to this title to sell alcoholic beverages derives 75 percent or more total annual gross revenue from the sale of alcoholic beverages for consumption on the premises."
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SECTION 2. Said title is further amended by revising Code Section 3-3-2.1, relating to notice to the Department of Revenue of violations relating to the sale of alcoholic beverages to underage persons, as follows:
"3-3-2.1. (a) As used in this Code section, the term:
(1) 'Disciplinary action' means any citation or arrest arising out of the violation of any law, rule, regulation, resolution, or ordinance of a governmental entity relating to the manufacture, distribution, sale, or possession of alcoholic beverages against a licensee, an employee of a licensee, or any person holding a financial interest in the license of the licensee on the premises or place of business of any licensee. (2) 'Governmental entity' means the United States government, any state governmental, any local government, and any department, agency, or instrumentality thereof. (3) 'Licensee' means any person issued a license pursuant to this title by a governmental entity to operate a bar. (b)(1) Within 45 days of any disciplinary action, the licensee shall notify the department of the details of such disciplinary action, including the date such action was taken, the nature of such action, and any other information required by the department, using a format to be determined by the department. (2) The commissioner may impose a fine not to exceed $750.00 for each violation of paragraph (1) of this subsection. A second or subsequent violation of paragraph (1) of this subsection which occurs within three years from the date of the first violation may constitute grounds for the suspension, revocation, or cancellation of such person's license. (c) Every Whenever any county or municipality which issues permits or licenses authorizing the manufacture, distribution, or sale of alcoholic beverages is made aware of the fact that the holder of any such permit or license has been convicted of violating paragraph (1) of subsection (a) of Code Section 3-3-23, prohibiting the furnishing of alcoholic beverages to underage persons, or takes any shall by resolution or ordinance adopt a policy and implement a process by which any disciplinary action against the holder of any such permit or license for violating any state law or local ordinance relating to the sale of alcoholic beverages to underage persons, the county or municipality shall notify a licensee shall be reported to the department of such violation within 45 days of any officer, department, agency, or instrumentality of such county or municipality taking such disciplinary action. (d) The commissioner shall determine and make available the format for the reporting of disciplinary actions and shall promulgate rules and regulations as to the implementation and use of such reporting method."
SECTION 2. Said chapter is further amended by revising Code Section 3-3-24.1, relating to definition and penalty, as follows:
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"3-3-24.1. Reserved. (a) As used in this Code section, the term 'bouncer' means an individual primarily performing duties related to verifying age for admittance, security, maintaining order, or safety, or a combination thereof. (b) No person shall allow or require an individual under the age of 21 to serve as a bouncer on a premises or in an establishment where alcoholic beverages are dispensed, served, or sold pursuant to a license issued under this title. (c) No individual under the age of 21 shall enter or be allowed to enter a bar unless he or she is accompanied by his or her parent, guardian, or spouse who is 21 years of age or older."
SECTION 3.
(a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2015. (b) Section 2 of this Act shall become effective on July 1, 2016, and shall be applicable to any disciplinary action which occurs 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 N Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton N Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner
Y Coomer Y Cooper Y Corbett 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 Ealum
Efstration Y Ehrhart Y England Y Epps Y Evans
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson N Hightower Y Hitchens Y Holcomb Y Holmes Y Houston
Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L Y Jones, S Y Jordan Y Kaiser
E Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey
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 N Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner
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Y Burns Y Caldwell, J N Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell N Mayo Y McCall Y McClain
Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sims
Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 157, nays 12.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 221. By Representatives Powell of the 171st, Knight of the 130th, Harbin of the 122nd, Harrell of the 106th and Stephens of the 164th:
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.
The following Committee substitute was read and adopted:
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 change the definition of fair market value of property; 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 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, is amended by revising subparagraph (B) of paragraph (3) of Code Section 48-5-2, relating to definitions regarding ad valorem taxation, as follows:
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"(B) The tax assessor shall apply the following criteria in determining the fair market value of real property:
(i) Existing zoning of property; (ii) Existing use of property, including any restrictions or limitations on the use of property resulting from state or federal law or rules or regulations adopted pursuant to the authority of state or federal law; (iii) Existing covenants or restrictions in deed dedicating the property to a particular use; (iv) Bank sales, other financial institution owned sales, or distressed sales, or any combination thereof, of comparable real property; (v) Decreased value of the property based on limitations and restrictions resulting from the property being in a conservation easement; (vi) Rent limitations, operational requirements, and any other restrictions or covenants imposed upon the property in connection with the property being eligible for any income tax credits described in subparagraph (B.1) of this paragraph or receiving any other state or federal loans or subsidies provided with respect to the use of the property as residential rental property; provided, however, that such properties described in subparagraph (B.1) of this paragraph shall not be considered comparable real property for assessment or appeal of assessment of other properties which are not subject to such restrictions or covenants; and (vii) Any other existing factors provided by law or by rule and regulation of the commissioner deemed pertinent in arriving at fair market value."
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 Belton Y Bennett Y Bentley Y Benton
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson
E Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold
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 Tankersley Y Tanner
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Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce
Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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.
HB 531. By Representatives Mabra of the 63rd, Fleming of the 121st, Willard of the 51st, Strickland of the 111th, Reeves of the 34th and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to personal jurisdiction over nonresidents, so as to change provisions relating to the grounds for exercising personal jurisdiction over nonresidents; to change provisions relating to effect of appearance; to change provisions relating to venue; to amend Code Sections 19-13-2 and 34-1-7 of the Official Code of Georgia Annotated, relating to jurisdiction of superior court and application for temporary restraining order and injunction, respectively, so as to correct crossreferences; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
FRIDAY, MARCH 13, 2015
2579
Y Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick N Brockway Y Brooks Y Bruce
Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M N Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Coomer Y Cooper Y Corbett 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 Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon N Gravley Y Greene Y Hamilton
Y Harbin Y Harden
Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs N Jasperse Y Jones, J Y Jones, J.B.
Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd N Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin N Martin Y Maxwell Y Mayo Y McCall Y McClain
E Meadows Y Mitchell N Morris Y Mosby Y Nimmer
Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett N Quick N Raffensperger N Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T N Rutledge N Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 142, nays 26.
The Bill, having received the requisite constitutional majority, was passed.
HB 153. By Representatives Weldon of the 3rd, Willard of the 51st, Reeves of the 34th, Kelley of the 16th, Oliver of the 82nd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, so as to provide for a civil action for damages; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
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A BILL TO BE ENTITLED AN ACT
To amend Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, so as to authorize certain activities involving real estate transactions; to provide for a civil action for damages; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, is amended by adding two new Code sections to read as follows:
"15-19-59. (a) As used in this Code section, the terms 'associate broker,' 'broker,' and 'salesperson' shall have the same meanings as set forth in Code Section 43-40-1. (b) A broker, associate broker, or salesperson licensed pursuant to Chapter 40 of Title 43, a seller of real property, or an employee of a property management company engaged in the leasing or management of commercial or multifamily properties may:
(1) Provide information and advice to their principals, clients, and customers in matters involving the listing, management, sale, purchase, exchange, renting, lease, option, or other conveyance of any real estate or the improvements thereon; (2) Prepare special stipulations to forms that were prepared by an attorney that are necessary for the listing, sale, purchase, exchange, renting, lease, or option for any real estate or the improvements thereon; (3) Provide legal forms prepared by an attorney to their principals, clients, and customers; and (4) Complete legal instruments prepared by an attorney for their principals, clients, and customers. (c) This Code section shall not authorize a broker, associate broker, or salesperson to close a real estate transaction or to express, render, or issue a legal opinion as to the status of the title to real or personal property. No person or voluntary association, other than an attorney, shall close a real estate transaction or express, render, or issue a legal opinion as to the status of the title to real or personal property.
15-19-60. Any consumer who is a party to a one-to-four family residential real estate transaction or a party to a bankruptcy proceeding that involves a one-to-four family residential real property who is damaged by a violation of this article or a violation of the Supreme Court's rules or opinions governing the unlicensed practice of law shall be entitled to maintain a civil action to recover damages, treble damages, reasonable attorney's fees,
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and expenses of litigation. A claim for a violation of this Code section shall be asserted in an individual action only and shall not be the subject of a class action under Code Section 9-11-23. This Code section shall not prevent the activities authorized by Code Section 15-19-52, 15-19-53, 15-19-54, 15-19-59, or 43-40-25.1."
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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner N Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter
Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
E Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince N Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes
Rice N Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott N Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson N Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
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On the passage of the Bill, by substitute, the ayes were 164, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 130. By Senators Thompson of the 14th, Unterman of the 45th, Stone of the 23rd, Henson of the 41st, Seay of the 34th 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 the uniform rules of the road, so as to provide that any person in control of a motor vehicle who smokes or permits another occupant to smoke when a person under the age of 15 is in the vehicle shall be guilty of a misdemeanor; to provide for secondary enforcement; to define a certain term; to provide a penalty; to provide a short title; 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 537. By Representatives Rogers of the 29th, Hawkins of the 27th, Cooper of the 43rd and Hatchett of the 150th:
A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to provide for a single administrator for dental services for Medicaid recipients and PeachCare for Kids participants; to require the Department of Community Health to competitively bid out and contract with such single administrator; to provide for requirements for the single administrator; to provide for applicability; to provide for an amendment to the state plan if necessary; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H
Clark, V Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L Y Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
E Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott N Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 429. By Representatives Stephens of the 164th, Wilkinson of the 52nd, Shaw of the 176th, Dollar of the 45th, Rogers of the 29th and others:
A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that no health benefit plan shall restrict coverage for prescribed treatment based upon the insured's diagnosis with a terminal condition; to provide for
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definitions; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following amendment was read:
Representatives Setzler of the 35th and Stephens of the 164th offer the following amendment:
Amend HB 429 by inserting between lines 20 and 21 the following: (3) 'Treatment' does not include any medication or medical procedure, regardless of where actually prescribed, dispensed, or administered, which if prescribed, dispensed, or administered in this state would constitute assisted suicide in violation of Code Section 16-5-5.
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 Y Belton N Bennett N Bentley N Benton Y Beskin N Beverly E Broadrick Y Brockway N Brooks Y Bruce Y Bryant N Buckner Y Burns N Caldwell, J N Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D
Clark, H Y Clark, V
Y Coomer Y Cooper Y Corbett N Dawkins-Haigler N Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson
Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan N Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming
Floyd N Fludd N Frazier N Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick N Gordon N Gravley
Harbin Y Harden Y Harrell Y Hatchett N Hawkins N Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L N Jones, S N Jordan Y Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo
E Meadows N Mitchell Y Morris N Mosby
Nimmer Y Nix N Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper
N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson Y Stovall N Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, E N Trammell Y Turner N Waites Y Watson Y Welch Y Weldon Y Werkheiser N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson
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Y Coleman Cooke
Y Greene Y Hamilton
Y McCall N McClain
Y Shaw Y Sims
N Yates Ralston, Speaker
On the adoption of the amendment, the ayes were 105, nays 61.
The amendment was adopted.
House of Representatives 18 Capitol Square, SW Coverdell Legislative Office Building, Suite 612 Atlanta, Georgia 30334
Mr. Clerk,
Please allow this notice serve as my desire to request a change in the vote cast on Rep. Ed Setzler's amendment, AM 25 1344.
I did not intend to vote no as I was off the floor and did not have full knowledge of amendment. I wish to change my vote to a "yes" for the record.
/s/ Micah Gravley
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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S
E Meadows Y Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish
Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E
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Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts
Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 470. By Representatives Knight of the 130th, Carter of the 175th, Shaw of the 176th, Taylor of the 173rd, Parrish of the 158th 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 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 certain terms; to impose certain requirements for the use of maximum allowable cost pricing by pharmacy benefits managers; to provide for enforcement of such requirements; to provide for requirements relating to inperson pharmacies; 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 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 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 certain terms; to impose certain requirements for the use of maximum allowable cost pricing by pharmacy benefits managers; to provide for enforcement of such
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requirements; 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. 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.' (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, pharmacy benefits manager, any entity licensed by the Department of Insurance, the Department of Community Health under Article 7 of Chapter 4 of Title 49, or any entity that represents such companies, groups, or department, or a private person bringing a claim pursuant to Article 7B of Chapter 4 of Title 49, 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 14 days prior to conducting the initial on-site audit for each audit cycle and include in such notice a comprehensive list of claims by prescription number to be audited, although the final two digits may be omitted; (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, including but not limited to a typographical error, scrivener's error, or computer error, regarding a required document or record may shall not in and of itself constitute fraud. 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. though recoupment shall be limited to the amount overpaid; (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;
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(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; (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; (7) Each pharmacy shall be audited under the same standards and parameters as other similarly situated pharmacies audited by the entity; (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, third-party payor, pharmacy benefits manager, any entity licensed by the Department of Insurance, 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 internal appeals process under which a pharmacy 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 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 at its request or in an alternate format. (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.
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(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. (h) The entity conducting the audit may not pay the agent or employee who is conducting the audit based on a percentage of the amount recovered. (i) The Commissioner of Insurance shall have enforcement authority over this Code section and shall have the authority granted pursuant to Chapter 64 of Title 33, relating to the regulation and licensure of pharmacy benefits managers."
SECTION 2. Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefits managers, is amended by revising Code Section 3364-1, relating to definitions, as follows:
"33-64-1. As used in this chapter, the term:
(1) 'Business entity' means a corporation, association, partnership, sole proprietorship, limited liability company, limited liability partnership, or other legal entity. (2) 'Commissioner' means the Commissioner of Insurance. (3) 'Covered entity' means an employer, labor union, or other group of persons organized in this state that provides health coverage to covered individuals who are employed or reside in this state. (4) 'Covered individual' means a member, participant, enrollee, contract holder, policy holder, or beneficiary of a covered entity who is provided health coverage by a covered entity. (5) 'Health system' means a hospital or any other facility or entity owned, operated, or leased by a hospital and a long-term care home. (6) 'Maximum allowable cost' means the per unit amount that a pharmacy benefits manager reimburses a pharmacist for a prescription drug, excluding dispensing fees and copayments, coinsurance, or other cost-sharing charges, if any. (7) 'Pharmacy' means a pharmacy or pharmacist licensed pursuant to Chapter 4 of Title 26 or another dispensing provider. (6)(8) 'Pharmacy benefits management' means the service provided to a health plan or covered entity, directly or through another entity, including the procurement of prescription drugs to be dispensed to patients, or the administration or management of prescription drug benefits, including, but not limited to, any of the following:
(A) Mail service order pharmacy; (B) Claims processing, retail network management, or payment of claims to pharmacies for dispensing prescription drugs; (C) Clinical or other formulary or preferred drug list development or management; (D) Negotiation or administration of rebates, discounts, payment differentials, or other incentives for the inclusion of particular prescription drugs in a particular category or to promote the purchase of particular prescription drugs;
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(E) Patient compliance, therapeutic intervention, or generic substitution programs; and (F) Disease management. (7)(9) 'Pharmacy benefits manager' means a person, business entity, or other entity that performs pharmacy benefits management. The term includes a person or entity acting for a pharmacy benefits manager in a contractual or employment relationship in the performance of pharmacy benefits management for a covered entity. The term does not include services provided by pharmacies operating under a hospital pharmacy license. The term also does not include health systems while providing pharmacy services for their patients, employees, or beneficiaries, for indigent care, or for the provision of drugs for outpatient procedures. The term also does not include a licensed group model health maintenance organization with an exclusive medical group contract and which operates its own pharmacies which are licensed under Code Section 26-4-110."
SECTION 3. Said chapter is further amended by revising Code Section 33-64-7, relating to a limitation on the Commissioner to extend rules and regulations, as follows:
"33-64-7. The Commissioner may not enlarge upon or extend the provisions of this chapter through any act, rule, or regulation; provided, however, that the Commissioner is authorized to enforce any provision of this chapter."
SECTION 4. Said chapter is further amended by adding a new Code section to read as follows:
"33-64-9. (a) Upon each contract execution or renewal between a pharmacy benefits manager and a pharmacy or between a pharmacy benefits manager and a pharmacy's contracting representative or agent, such as a pharmacy services administrative organization, a pharmacy benefits manager shall, with respect to such contract or renewal:
(1) Include in such contract or renewal the sources utilized to determine multi-source generic drug pricing, such as maximum allowable cost or any successive benchmark pricing formula, and update such pricing information at least every five business days, provided that such pricing information update shall be at least every 14 business days for those contracts pursuant to Article 7 of Chapter 4 of Title 49; and (2) Maintain a procedure to eliminate products from the multi-source generic list of drugs subject to such pricing or modify multi-source generic drug pricing within five business days when such drugs do not meet the standards and requirements of this Code section in order to remain consistent with pricing changes in the marketplace. (b) A pharmacy benefits manager shall reimburse pharmacies for drugs subject to multi-source generic drug pricing based upon pricing information which has been updated within five business days as set forth in paragraph (1) of subsection (a) of this Code section.
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(c) A pharmacy benefits manager may not place a drug on a multi-source generic list unless there are at least two therapeutically equivalent, multi-source generic drugs, or at least one generic drug available from only one manufacturer, generally available for purchase by network pharmacies from national or regional wholesalers. (d) All contracts between a pharmacy benefits manager and a contracted pharmacy or between a pharmacy benefits manager and a pharmacy's contracting representative or agent, such as a pharmacy services administrative organization, shall include a process to internally appeal, investigate, and resolve disputes regarding multi-source generic drug pricing. The process shall include the following:
(1) The right to appeal shall be limited to 14 calendar days following reimbursement of the initial claim; and (2) A requirement that the health benefit plan issuer or pharmacy benefits manager shall respond to an appeal described in subsection (a) of this Code section no later than 14 calendar days after the date the appeal was received by such health benefit plan issuer or pharmacy benefits manager. (e) For appeals that are denied, the pharmacy benefits manager shall provide the reason for the denial and identify the national drug code of a drug product that may be purchased by contracted pharmacies at a price at or below the maximum allowable cost. (f) If the appeal is successful, the health benefit plan issuer or pharmacy benefits manager shall: (1) Adjust the maximum allowable cost price that is the subject of the appeal effective on the day after the date the appeal is decided; (2) Apply the adjusted maximum allowable cost price to all similarly situated pharmacists and pharmacies as determined by the health plan issuer or pharmacy benefits manager; and (3) Allow the pharmacist or pharmacy that succeeded in the appeal to reverse and rebill the pharmacy benefits claim giving rise to the appeal. (g) Appeals shall be upheld if: (1) The pharmacy being reimbursed for the drug subject to the multi-source generic drug pricing in question was not reimbursed as required in subsection (b) of this Code section; or (2) The drug subject to the multi-source generic drug pricing in question does not meet the requirements set forth in subsection (c) of this Code section. (h) The Commissioner shall have enforcement authority over this Code section."
SECTION 5. Sections 1 and 6 and this section of this Act shall become effective on July 1, 2015. Sections 2, 3, and 4 of this Act shall become effective on January 1, 2016.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks
Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
E Meadows Y Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge
Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 505. By Representatives Cooper of the 43rd, Ramsey of the 72nd, Bennett of the 94th, Gasaway of the 28th, Cheokas of the 138th and others:
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A BILL to be entitled an Act to amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, relating to physical therapists, so as to revise various provisions regarding the licensure and regulation of physical therapists and physical therapy assistants; to revise definitions; to include additional powers of the State Board of Physical Therapy; to revise provisions regarding use of titles; to revise provisions regarding granting licenses and discipline of licensees; 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 33 of Title 43 of the Official Code of Georgia Annotated, relating to physical therapists, so as to revise various provisions regarding the licensure and regulation of physical therapists and physical therapy assistants; to revise definitions; to include additional powers of the State Board of Physical Therapy; to revise provisions regarding use of titles; to revise provisions regarding granting licenses and discipline of licensees; 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 33 of Title 43 of the Official Code of Georgia Annotated, relating to physical therapists, is amended by revising Code Section 43-33-3, relating to definitions, as follows:
"43-33-3. As used in this chapter, the term:
(1) 'Board' means the State Board of Physical Therapy. (2) 'License' means a valid and current certificate of registration issued by the board, which shall give the person to whom it is issued authority to engage in the practice prescribed thereon. (3) 'Licensee' means any person holding a license under this chapter. (4) 'Person' means a human being only, not a legal entity. (5) 'Physical therapist' means a person licensed to practice physical therapy as defined in this chapter and whose license is in good standing. A physical therapist shall be designated by the initials 'P.T.' (6) 'Physical therapist assistant' or 'physical therapy assistant' means a person who is licensed by the board to assist a physical therapist, whose activities are supervised and directed by a physical therapist, and whose license is in good standing. A physical therapist assistant shall be designated by the initials 'P.T.A.'
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(7) 'Physical therapy' means the care and services provided by or under the direction and supervision of a physical therapist who is licensed pursuant to this chapter. The term 'physiotherapist' shall be synonymous with 'physical therapy' pursuant to this chapter. The practice of physical therapy means:
(A) Examining, evaluating, and testing patients and clients with mechanical, physiological, and developmental impairments, activity limitations, participation restrictions, and disabilities or other movement related conditions in order to determine a physical therapy diagnosis, prognosis, and plan of intervention and to assess the ongoing effects of intervention; (B) Alleviating impairments of body structure or function by designing, implementing, and modifying interventions to improve activity limitations or participation restrictions for the purpose of preventing or reducing the incidence and severity of physical disability, bodily malfunction, and pain; (C) Reducing the risk of injury, impairment, activity limitations, participation restrictions, and disability, including the promotion and maintenance of health, fitness, and wellness in populations of all ages; (D) Planning, administering, evaluating, and modifying intervention and instruction, including the use of physical measures, activities, and devices, including but not limited to dry needling for preventative and therapeutic purposes; and (E) Engaging in administration, consultation, education, teaching, research, telehealth, and the provision of instructional, consultative, educational, and other advisory services. the examination, treatment, and instruction of human beings to detect, assess, prevent, correct, alleviate, and limit physical disability, bodily malfunction and pain from injury, disease, and any other bodily and mental conditions and includes the administration, interpretation, documentation, and evaluation of tests and measurements of bodily functions and structures; the planning, administration, evaluation, and modification of treatment and instruction, including the use of physical measures, activities, and devices, for preventative and therapeutic purposes, including but not limited to dry needling; and the provision of consultative, educational, and other advisory services for the purpose of preventing or reducing the incidence and severity of physical disability, bodily malfunction, and pain. (8) 'Physical therapy aide' means a person who only performs designated and supervised physical therapy tasks. The physical therapy aide must receive direct supervision and must be directed on the premises at all times by a licensee. Physical therapy aides are not licensed under this chapter. (9) 'Trainee' means an individual who is approved for a traineeship. (10) 'Traineeship' means a period of activity during which a trainee works under the direct supervision of a licensed physical therapist who has practiced for not less than one year prior to assuming the supervisory role. (11) 'Training permit' means a valid and current certificate of registration issued by the board, which gives the person to whom it is issued authority to engage in practice through a traineeship prescribed thereon."
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SECTION 2. Said chapter is further amended by revising Code Section 43-33-7, relating to conduct of business by telephone, as follows:
"43-33-7. With the exception of hearings in contested cases, the board may conduct business in conference by telephone or other digital means, provided that members of the board shall not receive compensation for business conducted in conference by telephone or other digital means."
SECTION 3. Said chapter is further amended by revising Code Section 43-33-11, relating to license required for physical therapists or physical therapy assistants, use of titles, and limitation on scope of Code section, as follows:
"43-33-11. A physical therapist shall display either the title 'physical therapist' or the abbreviation 'P.T.' on a name tag or other similar form of identification during times when such person is providing direct patient care. A physical therapist assistant shall display either the title 'physical therapist assistant' or the abbreviation 'P.T.A.' on a name tag or other similar form of identification during times when such person is providing direct patient care. A physical therapy aide shall be required to display the title 'physical therapy aide' on a name tag or other similar form of identification during times when such person is assisting a licensee. No person shall practice as a physical therapist or as a physical therapist assistant nor hold himself or herself out as being able to practice as a physical therapist or as a physical therapist assistant or as providing physical therapy or use the initials P.T. or P.T.A. in conjunction therewith or use any word or title to induce the belief that he or she is engaged in the practice of physical therapy unless he or she holds a license and otherwise complies with the provisions of this chapter and the rules and regulations adopted by the board. (a) A physical therapist shall clearly inform the public of his or her professional credential as a physical therapist. A physical therapist shall use the appropriate regulatory designator as identified by the board. (b) A physical therapist assistant shall use the letters 'PTA' immediately following his or her name to designate licensure under this chapter. A person shall not use the title 'physical therapist assistant,' the letters 'PTA,' or any other words, abbreviations, or insignia in connection with that person's name to indicate or imply, directly or indirectly, that the person is a physical therapist assistant unless that person is licensed as a physical therapist assistant pursuant to this chapter. (c) A person or business entity and its employees, agents, or representatives shall not use in connection with that person's name or the name or activity of the business entity the words 'physical therapy,' 'physical therapist,' 'physiotherapist,' or 'doctor of physical therapy,' the letters 'PT,' 'CPT,' 'DPT,' 'LPT,' 'RPT,' or 'MPT,' or any other words, abbreviations, or insignia indicating or implying, directly or indirectly, that physical therapy is provided or supplied, unless such services are provided by or under the
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direction of a physical therapist licensed pursuant to this chapter. A person or business entity shall not advertise or otherwise promote another person as being a physical therapist or physiotherapist unless the individual so advertised or promoted is licensed as a physical therapist under this chapter. A person or business entity that offers, provides, or bills any other person for services shall not characterize those services as physical therapy unless the individual directing and supervising those services is a person licensed under this chapter. (d) Nothing in this Code section shall be construed as preventing or restricting the practice, services, or activities of:
(1) Any person licensed under any other law of this state who is engaged in the professional or trade practices properly conducted under the authority of such other licensing laws; (2) Any person pursuing a course of study leading to a degree or certificate as a physical therapist or as a physical therapist assistant in an entry level educational program approved by the board, if such person is designated by a title indicating student status, is fulfilling work experiences required for the attainment of the degree or certificate, and is under the supervision of a licensed physical therapist; (3) Any person enrolled in a course of study designed to develop advanced physical therapy skills when the physical therapy activities are required as part of an educational program sponsored by an educational institution approved by the board and are conducted under the supervision of a physical therapist licensed under this chapter. If such person provides physical therapy services outside the scope of the educational program, he or she shall then be required to be licensed in accordance with this chapter; (4) A physical therapist licensed in another state or country or employed by the United States government conducting a teaching or clinical demonstration in connection with an academic or continuing education program; (5) Any person employed as a physical therapist or as a physical therapist assistant by the United States government if such person provides physical therapy services solely under the direction or control of the employing organization. If such person shall engage in the practice of physical therapy or as a physical therapist assistant outside the course and scope of such employment, he or she shall then be required to be licensed in accordance with this chapter; or (6) A person currently licensed in another state who is present in this state for treatment of a temporary sojourner only, said such treatment in this state not to exceed a total of 60 days during any 12 month period; or (7) A person currently licensed in another state who is present in this state providing physical therapy services during a declared local, jurisdictional, or national disaster or emergency, such services not to exceed a total of 60 days during any 12 month period."
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SECTION 4. Said chapter is further amended by revising Code Section 43-33-12, relating to requirements for license to practice physical therapy, as follows:
"43-33-12. A license to practice physical therapy shall be issued to any person who:
(1) Is a graduate of an educational program that prepares physical therapists and which is accredited by a recognized accrediting agency and approved by the board or, in the case of an applicant who has graduated from an educational program which prepares physical therapists conducted in a foreign country, has submitted, in a manner prescribed by the board, credentials approved by the board and who has further demonstrated the ability to speak, write, and understand the English language and has satisfactorily completed a three-month board approved traineeship under the supervision of a physical therapist licensed under this chapter; (2) Has satisfactorily passed an examination prepared or approved by the board and has acquired any additional education and training required by the board; and (3) Is not disqualified to receive a license under the provisions of Code Section 4333-18 or subsection (a) or (c) of Code Section 43-1-19."
SECTION 5. Said chapter is further amended by revising Code Section 43-33-13, relating to requirements for license to practice as physical therapy assistant, as follows:
"43-33-13. A license to practice as a physical therapist assistant shall be issued to any person who:
(1) Is a graduate of an educational program that prepares physical therapist assistants and which is accredited by a recognized accrediting agency and approved by the board or, in the case of an applicant who has graduated from an educational program which prepares physical therapist assistants conducted in a foreign country, has submitted, in a manner prescribed by the board, credentials approved by the board and who has further demonstrated the ability to speak, write, and understand the English language and has satisfactorily completed a three-month board approved traineeship under the supervision of a physical therapist licensed under this chapter; (2) Has satisfactorily passed an examination prepared or approved by the board; and (3) Is not disqualified to receive a license under the provisions of Code Section 4333-18 or subsection (a) (b) or (c) of Code Section 43-1-19."
SECTION 6. Said chapter is further amended by revising Code Section 43-33-18, relating to refusal to grant or restore licenses, discipline of licensees, suspension, revocation, or restriction of licenses, and immunity for violation reporters, as follows:
"43-33-18. (a) The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a physical therapist licensed under this chapter upon a finding by the board that the licensee or applicant has:
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(1) Identified himself or herself as a doctor without also clearly informing the public of his or her professional credential as a physical therapist; (2) Performed physical therapy care and services without examination and evaluation of patients or clients in order to determine a physical therapy diagnosis, prognosis, and plan of intervention, which, in the case of patients who have self-referred, means the physical therapist has:
(A) Failed to refer the patient to an individual licensed pursuant to Article 2 of Chapter 11 of Title 43 or Article 2 of Chapter 34 of Title 43 if at any time the physical therapist has reason to believe that the patient has symptoms or conditions that require treatment beyond the scope of practice of the physical therapist or, regardless of the patient's condition, if after 21 days or eight visits from the initiation of a physical therapy plan of intervention, the physical therapist has not received a referral from the patient's provider who is licensed pursuant to Article 2 of Chapter 11 of Title 43 or Article 2 of Chapter 34 of Title 43. The day and visit limitations contained in this subparagraph shall not apply:
(i) In the case of services provided for health promotion, wellness, fitness, or maintenance purposes, in which case the physical therapist shall refer a client seen for health promotion, wellness, fitness, or maintenance purposes to an appropriate individual licensed pursuant to Article 2 or 4 of Chapter 34 of Title 43 if the client exhibits or develops signs and symptoms beyond the scope of practice of the physical therapist; (ii) In the case of a patient diagnosed within the previous nine months with a neuromuscular or developmental condition when the evaluation, treatment, or services are being provided for problems or symptoms associated with that previously diagnosed condition; or (iii) In the case of a patient diagnosed within the previous 90 days with a chronic musculoskeletal condition and noted by a current relevant document from an appropriate licensed health care provider; (B) Ordered radiology, performed surgery, ordered laboratory or body fluid testing, diagnosed disease, or practiced medicine; (C) Failed to provide each self-referred patient with a written disclosure that a physical therapy diagnosis is not a medical diagnosis by a physician or based on radiological imaging; (D) Not satisfied the additional requirements for seeing a patient who has selfreferred, which shall include: (i) A doctorate in physical therapy or equivalent degree plus two years of clinical practice experience; (ii) A doctorate in physical therapy or equivalent and:
(I) Post graduate certification; (II) American Board of Physical Therapy Specialties Board Certification; or (III) Residency or fellowship training; or (iii) Five years of clinical practice experience; or
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(E) Performed dry needling treatment interventions without consulting an individual licensed pursuant to Article 2 or 4 of Chapter 34 of Title 43; or (3) Acted in a manner inconsistent with generally accepted standards of physical therapy practice, regardless of whether actual injury to a patient occurs, or failed to provide the expected minimal standard of patient or client management, which shall include that: (A) A physical therapist is fully responsible for managing all aspects of the physical therapy care of each patient. A physical therapist shall provide:
(i) The initial evaluation, determination of physical therapy diagnosis, prognosis, and plan of intervention and documentation of the initial evaluation; (ii) Periodic reevaluation and documentation of findings for each patient; and (iii) The documented episode of care for each patient, including the patient's response to the plan of intervention at the time of completion of the episode of care; (B) A physical therapist shall assure the qualifications of all physical therapist assistants and physical therapy aides under his or her direction and supervision; (C) For each patient on each date of service, a physical therapist shall provide all of the intervention that requires the education, skills, knowledge, and abilities of a physical therapist; (D) A physical therapist shall determine the use of physical therapist assistants and physical therapy aides to ensure the delivery of care that is safe, effective, and efficient. A physical therapist may use physical therapy aides for designated routine tasks. A physical therapy aide shall work under the supervision of a physical therapist; (E) A physical therapist shall communicate the overall plan of care with the patient or the patient's legally authorized representative; (F) A physical therapist's responsibility shall include accurate documentation and billing of the services provided; (G) A physical therapist shall adhere to the recognized standards for professional conduct and code of ethics of the physical therapy profession as established by rule; and (H) A physical therapist shall ensure that he or she has liability coverage either independently or provided by the entity by which he or she is employed. (b) The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a physical therapist assistant licensed under this chapter upon a finding by the board that the licensee or applicant has: (1) Worked outside the supervision of a physical therapist; (2) Failed to provide accurate documentation or billing of services provided; (3) Failed to adhere to the recognized standards of ethical conduct and code of ethics as established by rule; or (4) Acted in a manner inconsistent with generally accepted standards of the physical therapist assistant's scope of work, regardless of whether actual injury to the patient occurs.
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(a)(c) The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a physical therapist or physical therapist assistant licensed under this chapter or any antecedent law upon a finding by the board that the licensee or applicant has:
(1)(A) Implemented or continued a program of physical therapy treatment without consultation with an appropriate licensed practitioner of the healing arts; except that a physical therapist may implement a program of physical therapy treatment without consultation with an appropriately licensed practitioner of the healing arts when:
(i) Services are provided for the purpose of fitness, wellness, or prevention that is not related to the treatment of an injury or ailment; or
(ii)(I) The patient was previously diagnosed and received treatment or services for that diagnosis and the patient returns to physical therapy within 60 days of discharge from physical therapy for problems and symptoms that are related to the initial referral to the physical therapist. In such a situation the physical therapist shall notify the original referral source of the return to physical therapy within five business days; and (II) The physical therapist holds a master's or doctorate degree from a professional physical therapy program that is accredited by a national accreditation agency recognized by the United States Department of Education and approved by the Georgia State Board of Physical Therapy or the physical therapist has completed at least two years of practical experience as a licensed physical therapist. If after 90 days of initiating physical therapy services the physical therapist determines that no substantial progress has been made with respect to the primary complaints of the patient, the physical therapist shall refer the patient to an appropriately licensed practitioner of the healing arts. If at any time the physical therapist has reason to believe that the patient has symptoms or conditions that require treatment or services beyond the scope of practice of the physical therapist, the physical therapist shall refer the patient to an appropriately licensed practitioner of the healing arts; or (B) In the case of practice as a physical therapist assistant, practiced other than under the supervision and direction of a licensed physical therapist; (2)(1) Displayed an inability or has become unable to practice as a physical therapist or as a physical therapist assistant with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition: (A) In enforcing this paragraph the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by an appropriate practitioner of the healing arts licensed health care provider designated by the board. The expense of such mental or physical examination shall be borne by the licensee or applicant. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-5-501. Every
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person who shall accept the privilege of practicing physical therapy in this state or who shall file an application for a license to practice physical therapy in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing physical therapy under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he or she can resume or begin the practice of physical therapy with reasonable skill and safety to patients; (B) For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-5-501. Every person who shall accept the privilege of practicing physical therapy in this state or who shall file an application to practice physical therapy in this state shall be deemed to have given his or her consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board upon the grounds that the same constitute a privileged communication; and (C) If any licensee or applicant could, in the absence of this paragraph, invoke a privilege to prevent the disclosure of the results of the examination provided for in subparagraph (A) of this paragraph or the records relating to the mental or physical condition of such licensee or applicant obtained pursuant to subparagraph (B) of this paragraph, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any licensee or applicant in any other type of proceeding; (3)(2) Been convicted of a felony or crime involving moral turpitude in the courts of this state, or the United States, or the conviction of an offense in another jurisdiction which if committed in this state would be deemed a felony. For the purpose of this Code section, a 'conviction' shall include a finding or verdict of guilty, a plea of guilty, or a plea of nolo contendere in a criminal proceeding regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon pursuant to the provisions of Code Sections 42-8-60 through 42-8-64, relating to first offenders, or any comparable rule or statute; (4)(3) Knowingly made misleading, deceptive, untrue, or fraudulent representations to a patient, consumer, or other person or entity in connection with the practice of physical therapy or in any document connected therewith; practiced fraud or deceit or intentionally made any false statement in obtaining or attempting to obtain a license to
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practice physical therapy or as a physical therapist assistant; or made a false or deceptive biennial registration with the board; (5)(4) Practiced physical therapy contrary to this Code section or to the rules and regulations of the board; knowingly aided, assisted, procured, or advised any person to practice physical therapy contrary to this Code section or to the rules and regulations of the board; or knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person to practice physical therapy; (6)(5) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing physical therapy practice or the failure to comply with the code of ethics of the board; (7)(6) Failed to report to the board any act or omission of a licensee or applicant or any other person which violates the provisions of this subsection; or (8)(7) Divided fees or agreed to divide fees received for professional services with any person, firm, association, corporation, or other entity for bringing or referring a patient. (b)(d)(1) When the board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a), (b), or (c) of this Code section, the board may take any one or more of the following actions:
(A) Refuse to grant or restore a license to an applicant; (B) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; (C) Suspend any license for a definite period; (D) Limit or restrict any license; (E) Revoke any license; (F) Condition the penalty or withhold formal disposition, upon the physical therapist's, physical therapist assistant's, or other person's submission to the care, counseling, or treatment of physicians or other professional persons, and the completion of such care, counseling, or treatment, as directed by the board; or (G) Impose a fine not to exceed $500.00 for each violation of law, rule, or regulation of the board. (2) In addition to or in conjunction with the actions enumerated pursuant to paragraph (1) of this subsection, the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty, or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee or applicant on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (c)(e) In its discretion, the board may restore and reissue a license issued under this chapter or any antecedent law and, as a condition thereof, it may impose any disciplinary or corrective measure provided in this chapter.
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(d)(f) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting the acts or omissions of a licensee or applicant which violate the provisions of subsection (a), (b), or (c) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice as a physical therapist or as a physical therapist assistant, if such report is made in good faith without fraud or malice. Any person who testifies without fraud or malice before the board in any proceeding involving a violation of the provisions of subsection (a), (b), or (c) of this Code section or any other law relating to a licensee's or applicant's fitness to practice as a physical therapist or as a physical therapist assistant shall be immune from civil and criminal liability for so testifying."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Cooper of the 43rd, Ramsey of the 72nd, and Jasperse of the 11th offer the following amendment:
Amend the House Committee on Health and Human Services substitute to HB 505 (LC 33 6101S) by inserting between "imaging" and the semicolon at the end of line 220 the following:
and that such services might not be covered by the patient's health plan or insurer
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
Ballinger Y Barr N Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson N Dollar Y Douglas N Drenner Y Dudgeon Y Dukes
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins N Henson Y Hightower N Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson
E Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold
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 Tankersley Y Tanner
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Y Beskin Beverly
E Broadrick Y Brockway Y Brooks N Bruce Y Bryant Y Buckner Y Burns N Caldwell, J Y Caldwell, M Y Cantrell Y Carson N Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon N Gravley Y Greene Y Hamilton
Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight N LaRiccia Y Lumsden N Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C
Rogers, T Y Rutledge N Rynders Y Scott Y Setzler Y Sharper N Shaw Y Sims
Y Tarvin Y Taylor, D Y Taylor, T N Teasley N Thomas, A.M. Y Thomas, E Y Trammell Y Turner
Waites N Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson N 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 151, nays 18.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The following messages were received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 203. By Senator Hill of the 6th:
A BILL to be entitled an Act to amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as create the Georgia World War I Centennial Commission; to provide for the membership, powers and duties, expense reimbursement, and operations of the commission; to provide for administrative assignment of the commission to the office of the Secretary of State and legal services by the Attorney General; to provide for the purpose of the commission; to authorize the solicitation, receipt, and expenditure of appropriations and donations; to provide for reports; to provide for related matters; to repeal conflicting laws; and for other purposes.
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The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 126. By Senator Gooch of the 51st:
A RESOLUTION honoring the life of Mr. Bill T. Hardman and dedicating a road in his memory; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 138. By Senators Miller of the 49th, Dugan of the 30th, Hill of the 32nd, Kennedy of the 18th, Jackson of the 24th and others:
A BILL to be entitled an Act to amend Title 49 of the Official Code of Georgia Annotated, relating to social service; to repeal a provision relating to the Council for Welfare Administration; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 145. By Senator McKoon of the 29th:
A BILL to be entitled an Act to amend Code Section 31-2-3 of the Official Code of Georgia Annotated, relating to the Board of Community Health, so as to provide that at least one member of the board is also a member of the state health benefit plan; to provide that current members carry out their respective terms; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 154. By Senators Stone of the 23rd, Watson of the 1st, Harper of the 7th, Jones II of the 22nd and Rhett of the 33rd:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 and Code Section 17-5-21 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses and grounds for issuance of search warrant and scope of search pursuant to a search warrant, respectively, so as to provide for law enforcement officials to record matters occurring in private places or during the execution of a search warrant; to revise a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
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SB 194. By Senators Jeffares of the 17th, Millar of the 40th, Watson of the 1st, Burke of the 11th, Mullis of the 53rd 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 provide that certain provisions of law regarding pharmacists and pharmacies shall not apply to a facility engaged solely in the distribution of dialysate, drugs, or devices necessary to perform home kidney dialysis to patients with end stage renal disease, provided that certain criteria are met; 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 17. By Representatives Spencer of the 180th, Oliver of the 82nd, Rakestraw of the 19th, Brockway of the 102nd, Morris of the 156th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 9 and Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to limitations of actions and child abuse and deprivation records, respectively, so as to extend the statute of limitations for actions for childhood sexual abuse; to provide for a short title; to provide for limitations of liability for certain legal entities; to change provisions relating to tolling of limitations for a minor's cause of action; to change provisions relating to the tolling of limitations for tort actions while criminal prosecution is pending; to change provisions relating to the confidentiality and use of certain records; 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 3 of Title 9 and Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to limitations of actions and child abuse and deprivation records, respectively, so as to extend the statute of limitations for actions for childhood sexual abuse under certain circumstances; to provide for retroactive claims for childhood sexual abuse under certain circumstances; to provide for limitations of liability for certain legal entities; to change provisions relating to tolling of limitations for a minor's cause of action; to change provisions relating to the tolling of limitations for tort actions while criminal prosecution is pending; to change provisions relating to the confidentiality and
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use of certain records; to provide for a short title; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Hidden Predator Act."
SECTION 2. Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions, is amended by revising Code Section 9-3-33.1, relating to limitations for actions for childhood sexual abuse, as follows:
"9-3-33.1. (a)(1) As used in this Code section subsection, the term 'childhood sexual abuse' means any act committed by the defendant against the plaintiff which act occurred when the plaintiff was under the age of 18 years of age and which act would have been proscribed by Code Section 16-6-1, relating to rape; Code Section 16-6-2, relating to sodomy and aggravated sodomy; Code Section 16-6-3, relating to statutory rape; Code Section 16-6-4, relating to child molestation and aggravated child molestation; Code Section 16-6-5, relating to enticing a child for indecent purposes; Code Section 16-6-12, relating to pandering; Code Section 16-6-14, relating to pandering by compulsion; Code Section 16-6-15, relating to solicitation of sodomy; Code Section 16-6-22, relating to incest; Code Section 16-6-22.1, relating to sexual battery; or Code Section 16-6-22.2, relating to aggravated sexual battery, or any prior laws of this state of similar effect which were in effect at the time the act was committed be in violation of: (A) Rape, as prohibited in Code Section 16-6-1; (B) Sodomy or aggravated sodomy, as prohibited in Code Section 16-6-2; (C) Statutory rape, as prohibited in Code Section 16-6-3; (D) Child molestation or aggravated child molestation, as prohibited in Code Section 16-6-4; (E) Enticing a child for indecent purposes, as prohibited in Code Section 16-6-5; (F) Pandering, as prohibited in Code Section 16-6-12; (G) Pandering by compulsion, as prohibited in Code Section 16-6-14; (H) Solicitation of sodomy, as prohibited in Code Section 16-6-15; (I) Incest, as prohibited in Code Section 16-6-22; (J) Sexual battery, as prohibited in Code Section 16-6-22.1; or (K) Aggravated sexual battery, as prohibited in Code Section 16-6-22.2. (b)(2) Notwithstanding Code Section 9-3-33 and except as provided in subsection (d) of this Code section, any Any civil action for recovery of damages suffered as a result of childhood sexual abuse committed before July 1, 2015, shall be commenced within five years of on or before the date the plaintiff attains the age of majority 23 years.
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(b)(1) As used in this subsection, the term 'childhood sexual abuse' means any act committed by the defendant against the plaintiff which act occurred when the plaintiff was under 18 years of age and which act would be in violation of:
(A) Trafficking a person for sexual servitude, as prohibited in Code Section 16-546; (B) Rape, as prohibited in Code Section 16-6-1; (C) Statutory rape, as prohibited in Code Section 16-6-3, if the defendant was 21 years of age or older at the time of the act; (D) Aggravated sodomy, as prohibited in Code Section 16-6-2; (E) Child molestation or aggravated child molestation, as prohibited in Code Section 16-6-4, unless the violation would be subject to punishment as provided in paragraph (2) of subsection (b) of Code Section 16-6-4 or paragraph (2) of subsection (d) of Code Section 16-6-4; (F) Enticing a child for indecent purposes, as prohibited in Code Section 16-6-5, unless the violation would be subject to punishment as provided in subsection (c) of Code Section 16-6-5; (G) Incest, as prohibited in Code Section 16-6-22; (H) Aggravated sexual battery, as prohibited in Code Section 16-6-22.2; or (I) Part 2 of Article 3 of Chapter 12 of Title 16. (2)(A) Notwithstanding Code Section 9-3-33, any civil action for recovery of damages suffered as a result of childhood sexual abuse committed on or after July 1, 2015, shall be commenced:
(i) On or before the date the plaintiff attains the age of 23 years; or (ii) Within two years from the date that the plaintiff knew or had reason to know of such abuse and that such abuse resulted in injury to the plaintiff as established by competent medical or psychological evidence. (B) When a plaintiff's civil action is filed after the plaintiff attains the age of 23 years but within two years from the date that the plaintiff knew or had reason to know of such abuse and that such abuse resulted in injury to the plaintiff, the court shall determine from admissible evidence in a pretrial finding when the discovery of the alleged childhood sexual abuse occurred. The pretrial finding required under this subparagraph shall be made within six months of the filing of the civil action. (c)(1) As used in this subsection, the term: (A) 'Clear and convincing evidence' means proof that will produce in the mind of the trier of facts a firm belief or conviction as to the allegations sought to be established; it is intermediate, being more than a mere preponderance, but does not require the degree of certainty as does the standard of beyond a reasonable doubt. (B) 'Entity' means an institution, agency, firm, business, corporation, or other public or private legal entity. (C) 'Person' means the individual alleged to have committed the act of childhood sexual abuse. (2) If the person was a volunteer or employee of an entity that owed a duty of care to the plaintiff, or the person and the plaintiff were engaged in some activity over which
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such entity had control, damages against such entity shall be awarded under this Code section only if there is a finding of negligence by clear and convincing evidence on the part of such entity. (d)(1) It is the express intent of the General Assembly that for a period of two years following July 1, 2015, plaintiffs of any age who were time barred from filing a civil action for injuries resulting from childhood sexual abuse due to the expiration of the statute of limitations in effect on June 30, 2015, shall be permitted to file such actions against the individual alleged to have committed such abuse before July 1, 2017, thereby reviving those civil actions which had lapsed or technically expired under the law in effect on June 30, 2015. (2) The revival of a claim as provided in paragraph (1) of this subsection shall not apply to:
(A) Any claim that has been litigated to finality on the merits in a court of competent jurisdiction prior to July 1, 2015. Termination of a prior civil action on the basis of the expiration of the statute of limitations shall not constitute a claim that has been litigated to finality on the merits; (B) Any written settlement agreement which has been entered into between a plaintiff and a defendant when the plaintiff was represented by an attorney who was admitted to practice law in this state at the time of the settlement, and the plaintiff signed such agreement; and (C) Any claim against an entity, as such term is defined in subsection (c) of this Code section. (e) On and after July 1, 2017, this Code section shall be applied only prospectively."
SECTION 3. Said chapter is further amended by revising Code Section 9-3-90, relating to persons under disability or imprisoned when cause of actions accrues, as follows:
"9-3-90. (a) Individuals Minors and persons who are legally incompetent because of mental retardation or mental illness, who are such when the cause of action accrues, shall be entitled to the same time after their disability is removed to bring an action as is prescribed for other persons. (b) Except as otherwise provided in Code Section 9-3-33.1, individuals who are less than 18 years of age when a cause of action accrues shall be entitled to the same time after he or she reaches the age of 18 years to bring an action as is prescribed for other persons. (b)(c) No action accruing to a person an individual imprisoned at the time of its accrual which, prior:
(1) Prior to July 1, 1984, has been barred by the provisions of this chapter relating to limitations of actions shall be revived by this chapter, as amended. No action accruing to a person imprisoned at the time of its accrual which would; or
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(2) Would be barred before July 1, 1984, by the provisions of this chapter, as amended, but which would not be so barred by the provisions of this chapter in force immediately prior to July 1, 1984, shall be barred until July 1, 1985."
SECTION 4. Said chapter is further amended by revising Code Section 9-3-99, relating to tolling of limitations for tort actions while criminal prosecution is pending, as follows:
"9-3-99. The running of the period of limitations with respect to any cause of action in tort that may be brought by the victim of an alleged crime which arises out of the facts and circumstances relating to the commission of such alleged crime committed in this state shall be tolled from the date of the commission of the alleged crime or the act giving rise to such action in tort until the prosecution of such crime or act has become final or otherwise terminated, provided that such time does not exceed six years, except as otherwise provided in Code Section 9-3-33.1."
SECTION 5. Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, is amended in Code Section 49-5-41, relating to persons and agencies permitted access to records, by adding a new subsection to read as follows:
"(f) Notwithstanding Code Section 49-5-40, a child who alleges that he or she was abused shall be permitted access to records concerning a report of child abuse allegedly committed against him or her which are in the custody of the department or other state or local agency when he or she reaches 18 years of age; provided, however, that prior to such child reaching 18 years of age, if the requestor is not the subject of such report, such reports shall be made available to such child's parent or legal guardian or a deceased child's duly appointed representative when the requestor or his or her attorney submits a sworn affidavit that attests that such information is relevant to a pending or proposed civil action; and provided, further, that such reports shall still be subject to confidentiality pursuant to paragraph (4) of subsection (a) of Code Section 50-18-72."
SECTION 6. Said article is further amended by revising subsection (c) of Code Section 49-5-44, relating to penalties for unauthorized access to records and use of records in public and criminal proceedings, as follows:
"(c) Records made confidential by Code Section 49-5-40 and information obtained from such records may shall not be made a part of any record which is open to the public except that:
(1) A a district 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; and
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(2) The parties in a civil action may use and make public that record or information in the course of a civil action for childhood sexual abuse, as such term is defined in Code Section 9-3-33.1."
SECTION 7. This Act shall become effective on July 1, 2015.
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 Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A
Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
Yates Ralston, Speaker
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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 84. By Representatives Cheokas of the 138th, Meadows of the 5th, Duncan of the 26th and Smith of the 134th:
A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to prohibit denial of an aircraft claim unless the insured's action or failure to act had a direct causal connection to the loss upon which the claim is based; to provide for applicability; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to prohibit denial of an aircraft claim based upon certain losses pursuant to special flight provisions; to provide for conspicuous notice and clear exclusion notices and guidance; 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 revising Code Section 33-24-30, relating to excluding or denying coverage on basis of violation of civil air regulations, as follows:
"33-24-30. (a) No policy of insurance issued or delivered in this state covering any loss, expense, or liability arising out of the ownership, maintenance, or use of an aircraft shall exclude or deny coverage because the aircraft is operated in violation of civil air regulations pursuant to federal, state, or local laws or ordinances. (b) This Code section does not prohibit the use of specific exclusions or conditions in any such policy which relates to any of the following:
(1) Certification of an aircraft in a stated category by the Federal Aviation Administration; (2) Certification of a pilot in a stated category by the Federal Aviation Administration; (3) Establishing requirements for pilot experience; or
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(4) Establishing limitations on the use of the aircraft. (c) An insurer shall not deny payment of a claim or otherwise deny coverage or cancel or not renew a policy as a result of any loss that occurs while an aircraft is being operated pursuant to and in compliance with Federal Aviation Regulations' (14 C.F.R. 21.197) special flight permit provisions and based upon the fact that the aircraft was being operated pursuant to such regulations. Provided, further, an insured shall not be required to give any notice to his or her insurer prior to operating the aircraft pursuant to Federal Aviation Regulations (14 C.F.R. 21.197) or otherwise penalized. (d) Any policy of insurance containing one, all, or any combination of the specific exclusions or conditions in the categories permitted in subsection (b) of this Code section shall include conspicuous notice advising the insured that the policy contains such exclusions or conditions and provide specific instructions as to what actions the insured shall undertake in order to protect and preserve his or her rights and coverages under the policy."
SECTION 2. This Act shall be applicable to policies issued on or renewed after July 1, 2015.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Burns of the 159th and Cheokas of the 138th offer the following amendment:
Amend the House Committee on Insurance substitute to HB 84 (LC 37 1981S) by deleting lines 2 and 3 and inserting in lieu thereof the following: insurance generally, so as to provide for conspicuous notice and clear exclusion
By deleting lines 23 through 30 and inserting in lieu thereof the following: (c) Any policy of insurance containing one, all, or any combination of the specific
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 Corbett
Y Harbin Y Harden Y Harrell
Y Meadows Y Mitchell Y Morris
Y Smith, E Y Smith, L Y Smith, M
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Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner
Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden
Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall
Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D
Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 201. By Representatives Parsons of the 44th, Drenner of the 85th, Hugley of the 136th and Houston of the 170th:
A BILL to be entitled an Act to amend Part 1A of Article 2 of Chapter 5 of Title 46 of the O.C.G.A., relating to telephone system for the physically impaired, so as to change certain provisions relating to the establishment, administration, and operation of the state-wide dual party relay service and audible universal information access service; to change certain legislative findings and declarations; to eliminate the prohibition as to the distribution of telecommunications equipment under telecommunications equipment distribution program based on a certain income level; to provide that wireless
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devices and applications may be distributed as part of the telecommunications equipment distribution program; 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 1A of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone system for the physically impaired, so as to change certain provisions relating to the establishment, administration, and operation of the statewide dual party relay service and audible universal information access service; to change certain legislative findings and declarations; to modify the prohibition as to the distribution of telecommunications equipment under telecommunications equipment distribution program based on a certain income level; to provide that wireless devices and applications may be distributed as part of the telecommunications equipment distribution program; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1A of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone system for the physically impaired, is amended by revising Code Section 46-5-30, relating to the establishment, administration, and operation of the statewide dual party relay service and audible universal information access service, as follows:
"46-5-30. (a) The General Assembly finds and declares that it is in the public interest to provide basic telecommunications services to all citizens of this state who, because of physical impairments, particularly hearing and speech impairments, cannot otherwise communicate over the telephone. It is further in the public interest to take advantage of innovative technological uses of basic telecommunications services to allow for universal access to information by blind and otherwise print disabled citizens of this state. (b) The commission shall establish, implement, administer, and promote a state-wide single provider dual party relay service operating seven days per week, 24 hours per day, and contract for the administration and operation of such relay service. The commission shall also establish, implement, administer, and promote a state-wide audible universal information access service operating seven days per week and 24 hours per day and shall contract for the administration and operation of such information access service. The commission shall further establish, implement,
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administer, and promote a telecommunications equipment distribution program and contract for the administration and operation of such program. (c) The commission shall require all local exchange telephone companies in this state, except those operated by telephone membership corporations, to impose a monthly maintenance surcharge on all residential and business local exchange access facilities. For the purpose of this subsection, 'exchange access facility' means the access from a particular telephone subscriber's premise to the telephone system of a local exchange telephone company. 'Exchange access facility' includes local exchange company provided access lines, private branch exchange trunks, and centrex network access registers, all as defined by tariffs of telephone companies as approved by the commission. The amount of the surcharge shall be determined by the commission based upon the amount of funding necessary to accomplish the purposes of this Code section and provide the services on an ongoing basis; however, in no case shall the amount exceed 20 per month. A maximum of 5 of this monthly surcharge per access line shall be utilized for a telecommunications equipment distribution program and a maximum of 1 of this monthly surcharge per access line shall be utilized to fund an audible universal information access service. If the projected cost of the operation of the relay service exceeds a monthly surcharge of 15 at any time, funding for the telecommunications equipment distribution program and the audible universal information access service will be reduced by the amount required to fully fund the relay service, under the existing cap of 20 for the period of time necessary. No additional fees other than the surcharge authorized by this subsection, if applicable, shall be imposed on any user of such relay or information access service. The local exchange companies shall collect the surcharge from their customers and transfer the moneys collected to a special fund to be held separate from all other funds. The fund shall be used solely for the administration and operation of the relay service, the information access service, and the telecommunications equipment distribution program and for other hearing technology and shall not be imposed, collected, or expended for any other purpose. (d) The dual party relay system shall protect the privacy of persons to whom relay services are provided and shall require all operators to maintain the confidentiality of all telephone messages. The confidentiality and privacy of persons to whom relay services are provided will be protected by means of the following:
(1) The relay center shall not maintain any form of permanent copies of messages relayed by their operators or allow the content of telephone messages to be communicated to, or accessible to, nonstaff members; (2) Persons using the relay services shall not be required to provide any personal identifying information until the party they are calling is on the line, and shall only be required to identify themselves to the extent necessary to fulfill the purpose of their call; (3) Relay operators shall not leave messages with third parties unless instructed to do so by the person making the call; (4) Relay operators shall not intentionally alter a relayed conversation; and
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(5) Relay operators shall not refuse calls or limit the length of calls. (e) Neither the commission nor the providers of the dual party relay system service or the audible universal information access service nor, except in cases of willful misconduct, gross negligence, or bad faith, the employees of the providers of the dual party relay system service or the audible universal information access service shall be liable for any claims, actions, damages, or causes of action arising out of or resulting from the establishment, participation in, or operation of the dual party relay system service or the audible universal information access service. (f) The commission shall select the telecommunications carrier which will provide the relay system service and award the contract for this service to the offerer whose proposal is the most advantageous to the state, considering price, the interests of the hearing impaired and speech impaired community in having access to a high quality and technologically advanced telecommunications system, and all other factors listed in the commission's request for proposals. (f.1)(g) The commission shall select the service provider which will provide and manage the audible universal information access service and shall award the contract for this service to the offerer whose proposal is the most advantageous to the state, considering price, the interests of the blind and print disabled community in having access to a high quality and technologically advanced interactive audible universal information access system, the maintenance of such system, the training provided on the use of such service, outreach efforts, and all other factors listed in the commission's request for proposals. (g)(h) The commission shall select a distribution agency to manage the telecommunications equipment distribution program and award the contract for this service to the offerer whose proposal is the most advantageous to the state, considering price, the interests of the hearing impaired and speech impaired community in obtaining appropriate and effective telecommunications equipment, the training of recipients on the use of telecommunications devices, outreach efforts, and all other factors listed in the commission's request for proposals. The telecommunications equipment distributed as part of the telecommunications equipment distribution program may include wireless devices and applications. (h)(i) The commission shall establish guidelines for eligibility for participation in the telecommunications equipment distribution program, taking into consideration a person's certified medical need and prohibiting distribution of telecommunications equipment to any person whose income exceeds 200 300 percent of the federal poverty level. The commission shall utilize appropriate external expertise, as necessary, to establish these guidelines, including contracting with public agencies or private entities. Funding for any such contracts will be covered by the $0.05 portion of the monthly surcharge utilized for the telecommunications equipment distribution program. (i)(j) The commission shall establish eligibility guidelines for participation in the audible universal information access service, taking into account a person's certified medical need. The commission shall utilize appropriate external expertise, as necessary, to establish these guidelines, including contracting with public agencies or
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private entities. Funding for such contracts will be covered by the 1 portion of the monthly surcharge utilized for the audible universal information access service. (j)(k) The commission shall establish a telecommunications equipment distribution program advisory committee to provide input on program operation and the types of equipment to be, and being, distributed by the program. The commission shall select the equipment to be distributed by the program and shall incorporate this selection into the commission's request for proposals for a distribution agency. (k) The commission shall provide that the dual party telephone relay telephone system shall be operational no later than July 1, 1991, that the telecommunications equipment distribution program shall be operational no later than March 31, 2003, and the audible universal information access service shall be operational no later than July 1, 2006."
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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway
Y Harbin Harden
Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake E Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson
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Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene
Hamilton
Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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.
HB 230. By Representatives Hugley of the 136th, Abrams of the 89th, Allison of the 8th, Harbin of the 122nd, Mayo of the 84th and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 28 and Code Section 35-3-37 of the O.C.G.A., relating to the Claims Advisory Board and review of individual's criminal history record information, definitions, privacy considerations, and inspections, respectively, so as to provide for compensation of persons wrongfully convicted and imprisoned; 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 5 of Title 28 and Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to the Claims Advisory Board and review of individual's criminal history record information, definitions, privacy considerations, and inspections, respectively, so as to provide for compensation of persons wrongfully convicted and imprisoned; to provide for legislative findings; to provide for definitions; to provide for applicability; to provide for a short title; to provide for recommendations by the board as to payment of compensation; to provide for procedural rules; to provide for claims for compensation; to provide for standards for compensation; to provide for limitations of claims; to provide for exceptions; to provide for reports on claims being transmitted to the executive and legislative branch; to provide for record restriction; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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SECTION 1. The General Assembly finds that due to advancements in science and technology, wrongfully convicted persons are being discovered with a higher frequency than in the past. The General Assembly is sympathetic to the tremendous burden a wrongfully convicted person faces and further finds that there is a need to create a uniform method for fairly and reasonably compensating wrongfully convicted persons.
SECTION 2. Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to the Claims Advisory Board, is amended by revising Code Section 28-5-60, relating to the creation, membership, and representation of members by deputies or other designated employees, as follows:
"28-5-60. (a) As used in this article, the term:
(1) 'Board' means the Claims Advisory Board. (2) 'The state or any of its departments or agencies' includes any department, agency, bureau, or commission of state government but does not include state authorities or any county or municipal department, agency, bureau, commission, or authority. (a)(b) There is created the Claims Advisory Board, hereinafter called the board, to which shall be composed of the Secretary of State, who shall be the chairman chairperson, the commissioner of human services, the commissioner of corrections, and the commissioner of transportation. Whenever the board takes any official action authorized under the law or duly promulgated rules and regulations, three of the members shall constitute a quorum; however, any of those individuals named above may be represented by a deputy or other designated employee; and any such action shall be valid if any two of the remaining three individuals members are present during such action. Any board member may be represented by a deputy or other designated employee, and such individual's actions shall have the same effect as a board member's actions. (b)(c) The Claims Advisory Board is board shall be assigned to the Secretary of State for administrative purposes only as prescribed in Code Section 50-4-3."
SECTION 3. Said article is further amended by repealing in its entirety Code Section 28-5-60.1, relating to "the state or any of its departments or agencies" defined.
SECTION 4. Said article is further amended by adding a new Code section to Part 2, relating to claims against the state or departments or agencies, to read as follows:
"28-5-87. The provisions of this part shall not apply to a claim against the state or any of its departments or agencies that may be made pursuant to Part 4 of this article."
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SECTION 5. Said article is further amended by adding a new part to read as follows:
"Part 4
28-5-110. This part shall be known and may be cited as the 'Innocent Persons' Compensation Act.'
28-5-111. The Claims Advisory Board shall have authority to consider and make recommendations to the General Assembly concerning payment of compensation to any individual who has been convicted of and imprisoned for one or more crimes which he or she did not commit. The board may appoint a special master to take testimony, supervise or conduct necessary investigations, and report to the board, but the ultimate recommendation on any claim to the General Assembly shall be made only by the board.
28-5-112. In order to be eligible for compensation under this part, the claimant shall establish beyond a reasonable doubt to the board that:
(1) The claimant was convicted of one or more crimes and was sentenced to a term of imprisonment; (2) The claimant has served all or part of the sentence of imprisonment; (3) The claimant proclaims his or her innocence; and (4) The claimant's wrongful conviction has been established by verifiable and substantial evidence that the claimant is actually innocent.
28-5-113. (a) No claim for the payment of compensation under this part shall be considered by the board unless a notice of claim has been filed with the board within three years after the date the claimant's eligibility has been established as set forth in Code Section 28-5112 or within three years of July 1, 2015, whichever occurs later. (b) The board shall provide forms to be used in filing a notice of claim and shall make them available for such purpose. When a notice of claim is filed, the board shall inform the individual filing the notice, in writing, of the information it will require in order to take action on the claim. Such information shall include documentation supporting the claimant's eligibility for compensation. The board may request the claimant submit any other supporting information that it deems is necessary. The claimant may request a hearing before the board. (c) Once a claimant has submitted a notice of claim and any information deemed necessary by the board, the chairperson, after consultation with the other members of the board, shall set a time for acting on the claim and shall set a date for a hearing. The claimant, the district attorney for the circuit in which the conviction occurred, and the
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Attorney General shall be notified of the date, time, and place of the hearing and may present evidence at such hearing. Such other persons as the board deems necessary shall likewise be notified and allowed to present evidence. (d) Proceedings before the board shall be governed by rules established by the board, and such rules shall emphasize, to the greatest extent possible, the informality of proceedings. A claimant shall not be required to be represented or accompanied by an attorney.
28-5-114. (a) In making its recommendation to the General Assembly, the board shall:
(1) Formulate standards for uniform application in recommending compensation; (2) If the claimant was imprisoned for four years or less, include $50,000.00 per year for each year of imprisonment; such compensation shall be payable in a lump sum award; (3) If the claimant was imprisoned for more than four years, include $50,000.00 per year for each year of imprisonment; such compensation shall be payable in an initial lump sum of at least $50,000.00, and the remaining balance shall be in the form of annuity contract funded by the board on behalf of the claimant, provided that:
(A) Such annuity contract shall be secured from an insurance company licensed under the laws of this state and whose claims-paying ability is rated as superior or excellent by at least two nationally recognized rating services; and (B) Such annuity contract, by its terms, cannot be sold, transferred, assigned, discounted, or used as security for a loan; (4) If requested by the claimant, provide a voucher for tuition for up to 120 hours and any ancillary student fees for any undergraduate program of any Georgia public postsecondary institution, including all four-year and two-year colleges and universities and institutions of the University System of Georgia and the Technical College System of Georgia; provided, however, that this shall not be construed to guarantee acceptance of the claimant into any such public postsecondary institution nor prohibit the claimant from participating in any other program of financial assistance for postsecondary education. The board shall coordinate with the Board of Regents of the University System of Georgia and the State Board of the Technical College System of Georgia to develop the form of the voucher; and (5) Include reasonable attorney's fees and other expenses incurred by the claimant in connection with all associated criminal proceedings and appeals and, if applicable, in connection with obtaining the claimant's discharge from confinement. (b) In calculating time of imprisonment, the board shall include any time a claimant spent in custody awaiting trial, during trial, and after conviction; provided, however, that a claimant shall not be entitled to compensation under this part for any portion of a sentence spent incarcerated during which the claimant was also serving a concurrent sentence for another crime committed in this state or in any other jurisdiction to which this part does not apply. A pro rata amount for any portion of each year of imprisonment shall be awarded.
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(c) In making its recommendation to the General Assembly, the board may recommend payment of compensation:
(1) To or for the benefit of the claimant; or (2) In the case of death of the claimant, to or for the benefit of any one or more of the heirs at law of the claimant who, at the time of the claimant's demise, were dependent upon the claimant for more than one-half of their support. (d) The board shall prepare a statement including its findings, its determination of the merits of the claim, its recommendation as to the payment of the claim, and such other information as the board deems advisable; and transmit such statement to the chairperson of the House Committee on Appropriations. Such chairperson shall present such information to the full committee if a resolution seeking compensation is filed. The board's recommendation shall be advisory only. The General Assembly shall act on such recommendation in accordance with law and the rules of the House of Representatives and Senate for action upon compensation resolutions. (e) When a notice of claim is filed on or before the fifteenth day of October, the board shall make its recommendation on such claim on or before the fifth day of the subsequent year's legislative session. If the notice of claim is filed after the fifteenth day of October, the board shall make its recommendation on or before the thirty-first day of December of the following year.
28-5-115. (a) The General Assembly may by resolution appropriate money for payment of a claim for compensation upon the recommendation of the board. (b) Any resolution relative to a claim made pursuant to this part must be introduced in the House of Representatives on or before the tenth day of any regular session. Such resolution shall not be filed until the board has made a recommendation on a claim. If the board's recommendation occurs subsequent to the fifth day of a regular session, a resolution shall be filed at the next regular session. (c) Any resolution filed pursuant to this part shall be referred by the Speaker of the House to the House Committee on Appropriations. (d) Any award of compensation made by the General Assembly shall not be:
(1) Subject to state income taxes; provided, however, that the award of attorney's fees shall be subject to taxation; or (2) Offset by any expense incurred by this state or any political subdivision thereof for expenses related to the claimant's incarceration. (e) The General Assembly waives the sovereign immunity of this state for the purpose of authorizing the payment of claims against this state pursuant to the authority of this part.
28-5-116. Not later than January 5 of each year, the board shall prepare and transmit to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the chairperson of the Senate Appropriations Committee, and the chairperson of the House
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Committee on Appropriations a report including the name of each claimant with a claim pending pursuant to this part, a brief description of the facts surrounding such claim, the amount of compensation recommended, and the board's reasons for its recommendation.
28-5-117. (a) Any claimant who receives compensation under this part shall not bring any action involving the same subject matter, including an action involving the claimant's arrest, conviction, or length of confinement, against this state. (b) This part shall not affect any liability of this state or of its employees to a claimant's cause of action that is not based on the wrongful conviction, including, but not limited to, a cause of action that arises out of circumstances occurring during the claimant's incarceration."
SECTION 6.
Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to review of individual's criminal history record information, definitions, privacy considerations, and inspections, by revising subparagraph (h)(2)(A) as follows:
"(A) Except as provided in subsection (i) of this Code section, all charges were dismissed or nolle prossed including offenses occurring before 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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick
Y Coomer Y Cooper Y Corbett 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 Ealum
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson N Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake E Petrea Y Pezold Y Powell, A Y Powell, J Y Prince
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 Tankersley Y Tanner Y Tarvin
Taylor, D Y Taylor, T
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Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner
Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo
McCall Y McClain
Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sims
Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 166, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 409. By Representatives Taylor of the 173rd, Sims of the 123rd, Harbin of the 122nd, Cooper of the 43rd, Carter of the 175th and others:
A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance general provisions, so as to provide reimbursement for the treatment of burns for skin substitutes utilizing cadaver derived skin tissue or nonhuman xenographic derived skin tissue; 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 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance general provisions, so as to provide reimbursement for the treatment of burns for skin substitutes utilizing cryopreserved cadaver derived skin tissue; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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SECTION 1.
Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance general provisions, is amended by adding a new Code section to read as follows:
"33-24-59.18. No health benefit policy issued, delivered, or renewed in this state that, as a provision of hospital, medical, or surgical services, directly or indirectly covers the treatment and management of burns shall limit or exclude coverage for such treatment on the basis that the use of cryopreserved cadaver derived skin tissue is an experimental or investigational medical treatment."
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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden
Mabra Y Marin
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A
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E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
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 416. By Representatives Rogers of the 29th, Cooper of the 43rd, Rynders of the 152nd, Kidd of the 145th, Hatchett of the 150th and others:
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 for certain identification by health care practitioners to patients with regard to their license; to provide for a short title; to provide for legislative findings; to provide for definitions; to require that advertisements identify a health care practitioner's license; to require identifiers and signage; to provide for applicability; to provide for violations; 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 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to professions and businesses, so as to provide for certain identification by health care practitioners to patients with regard to their license; to provide for a short title; to provide for legislative findings; to provide for definitions; to require that advertisements identify a health care practitioner's license; to require identifiers and signage; to provide for applicability; to provide for violations; 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 43 of the Official Code of Georgia Annotated, relating to general provisions relative to professions and businesses, is amended by adding a new Code section to read as follows:
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"43-1-33. (a) This Act shall be known and may be cited as the 'Consumer Information and Awareness Act.' (b) The General Assembly hereby finds and declares that:
(1) There are numerous professional degrees that include the term 'doctor,' such as Doctor of Medicine (M.D.); Doctor of Osteopathy (D.O.); Doctor of Dental Surgery (D.D.S.); Doctor of Dental Medicine (D.M.D.); Doctor of Podiatric Medicine (D.P.M.); Doctor of Optometry (O.D.); Doctor of Chiropractic (D.C.); registered professional nurses or advanced practice registered nurses (nurse practitioners, clinical nurse specialists, certified nurse midwives, and certified nurse anesthetists) with doctorate degrees (D.N.P., D.N.S., Ph.D., or Ed.D.); audiologists with doctorate degrees (A.U.D.); speech-language pathologists with doctorate degrees (S.L.P.D. or Ph.D.); and other designations, which may be used by health care practitioners; and (2) Each health care professional receives education and training that qualifies them to provide general and specialized services respectively. This training is necessary to correctly detect, diagnose, prevent, and treat serious health conditions. (c) As used in this Code section, the term: (1) 'Advertisement' means any communication or statement, whether printed, electronic, or verbal, that names a health care practitioner in relation to his or her practice, profession, or institution in which the practitioner is employed, volunteers, or otherwise provides health care services. This term includes business cards, letterhead, patient brochures, e-mail, Internet, audio, and video. (2) 'Health care practice or facility' means a hospital, physician practice setting, nursing home, assisted living community, or personal care home. (3) 'Health care practitioner' means a:
(A) Chiropractor licensed pursuant to Chapter 9 of this title; (B) Professional counselor, social worker, or marriage and family therapist licensed pursuant to Chapter 10A of this title; (C) Dentist licensed pursuant to Chapter 11 of this title; (D) Dietitian licensed or registered pursuant to Chapter 11A of this title; (E) Advanced practice registered nurse, including nurse practitioner, certified registered nurse anesthetist, certified nurse midwife, clinical nurse specialist, registered professional nurse, and licensed practical nurse, licensed or registered pursuant to Chapter 26 of this title; (F) Occupational therapist licensed pursuant to Chapter 28 of this title; (G) Optometrist licensed pursuant to Chapter 30 of this title; (H) Physical therapist licensed pursuant to Chapter 33 of this title; (I) Physician or osteopath licensed pursuant to Chapter 34 of this title; (J) Physician assistant licensed pursuant to Chapter 34 of this title; (K) Acupuncturist licensed pursuant to Chapter 34 of this title; (L) Podiatrist licensed pursuant to Chapter 35 of this title; (M) Psychologist licensed pursuant to Chapter 39 of this title;
FRIDAY, MARCH 13, 2015
2629
(N) Audiologist or speech-language pathologist licensed pursuant to Chapter 44 of this title; (O) Pharmacist licensed pursuant to Chapter 4 of Title 26; (P) Ophthalmic technician; (Q) Medical assistant or certified nursing assistant; and (R) Respiratory care professional certified pursuant to Article 6 of Chapter 34 of this title. (d)(1) An advertisement by a health care practitioner shall identify the type of license the health care practitioner holds. (2) This subsection shall not apply to an advertisement by a health care practice or facility and shall not be construed to require any such practice or facility in which multiple health care practitioners are employed to list in an advertisement the name of every health care practitioner so employed by such practice or facility. (e)(1) A health care practitioner providing services in this state in a health care practice or facility shall conspicuously post and affirmatively communicate the practitioner's specific licensure to all current and prospective patients as follows:
(A)(i) The health care practitioner shall wear an identifier during all patient encounters that shall include:
(I) The health care practitioner's name; and (II) The type of license or educational degree the health care practitioner holds. (ii) The identifier shall be of sufficient size and be worn in a conspicuous manner so as to be visible and apparent. A lab coat or similar distinguishing clothing or uniform indicating the practitioner's specific licensure may be considered an identifier if such clothing or uniform meets the requirements of division (i) of this subparagraph. (iii) An identifier shall not be required in an operating room or other setting where surgical or other invasive procedures are performed or in any other setting where maintaining a sterile environment is medically necessary. (iv) An identifier shall not be required in any mental health setting where it would impede the psychotherapeutic relationship. (v) If a safety or health risk to the health care practitioner or a patient would be created as a result of the practitioner wearing such identifier in a specified practice setting, an identifier shall not be required or may be modified by omitting or concealing the last name of the practitioner in accordance with the requirements of the health care practice or facility; and (B) A health care practitioner in a health care practice or facility other than a hospital shall display in the reception area of such practice or facility a notice that clearly identifies the type of health care practitioners employed in such practice or facility and the right of a patient to inquire as to the type of license of the health care practitioner treating such patient. The notice shall be of sufficient size so as to be visible and apparent to all current and prospective patients.
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(2) A health care practitioner who practices in more than one office shall place the identifier information conspicuously on such practitioner's website if he or she maintains a website. (3) A health care practitioner who practices in a nonpatient care setting and who does not have any direct patient care interactions shall not be subject to the provisions of this subsection. (4) A health care practice or facility which requires, as of the effective date of this Code section, its health care practitioners to wear an identification badge shall not be required to replace such badges to conform to the requirements of subparagraph (A) of paragraph (1) of this subsection. (5) Except as otherwise provided by paragraph (6) of this subsection, this subsection shall only apply to health care practices and facilities where more than one type of health care practitioner interacts with patients in exam settings. This subsection shall not apply to health care practices or facilities in which only one type of health care practitioner practices. (6) This subsection shall only apply to a dentist if such dentist is practicing in a hospital. This subsection shall only apply to a chiropractor or optometrist if such chiropractor or optometrist is practicing in a hospital, nursing home, assisted living community, or personal care home. (f) A health care practitioner who intentionally violates any provision of this Code section may be subject to disciplinary action by the health care practitioner's professional licensing board. Notwithstanding the imposition of any sanction, the health care practitioner's professional licensing board may seek an injunction or other legal means as appropriate against such health care practitioner violating this Code section. (g) A violation of this Code section shall not constitute a private cause of action."
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 Y Alexander N Allison Y Anderson
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler
Y Harbin Y Harden Y Harrell Y Hatchett
Meadows Y Mitchell Y Morris Y Mosby
Y Smith, E Y Smith, L Y Smith, M Y Smith, R
FRIDAY, MARCH 13, 2015
2631
Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell N Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick N Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns N Caldwell, J N Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D N Clark, H Y Clark, V Y Coleman N 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Hawkins Y Henson N Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd N Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin N Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Nimmer N Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger N Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall N Stover N Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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.
HB 209. By Representatives Cantrell of the 22nd, Teasley of the 37th, Casas of the 107th, Evans of the 42nd, Stovall of the 74th 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 "Georgia Special Needs Scholarship Act," so as to revise the prior school year attendance requirement to the prior semester; to revise provisions relating to notification of parents of eligible students as to scholarship options; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
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A BILL TO BE ENTITLED AN ACT
To amend Article 33 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Georgia Special Needs Scholarship Act," so as to revise provisions relating to notification of parents of eligible students as to scholarship options; 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 "Georgia Special Needs Scholarship Act," is amended revising subsection (a) of Code Section 20-2-2113, relating to annual notification of options available to parents of special needs students, as follows:
"(a) The resident school system shall provide specific written notice of the options available under this article to the parent at the initial Individualized Education Program (IEP) meeting in which a disability of the parent's child is identified. The Thereafter, the resident school system shall annually notify prior to the beginning of each school year the parent of a student with a disability by letter, electronic means, or by such other reasonable means in a timely manner of the options available to the parent under this article provide notice of the options available under this article to the parents at all subsequent Individualized Education Program meetings. "
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 Belton Y Bennett Y Bentley
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston Y Howard Y Hugley
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea
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 Tankersley
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N Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby
Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Roberts
Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 452. By Representatives Ballinger of the 23rd, Efstration of the 104th, Fleming of the 121st, Powell of the 32nd, Golick of the 40th and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the Family Violence and Stalking Protective Order Registry, so as to provide for registration of pretrial release orders that prohibit contact with others issued in this state and in foreign courts; to revise the short title; to revise definitions; to provide for conforming references to the defined terms; 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 Coomer Y Cooper Y Corbett Y Dawkins-Haigler
Y Harbin Y Harden Y Harrell Y Hatchett
Y Meadows Y Mitchell Y Morris Y Mosby
Y Smith, E Y Smith, L Y Smith, M Y Smith, R
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Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Deffenbaugh Y Dempsey
Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 160. By Senators Williams of the 27th, Cowsert of the 46th, Harper of the 7th, Mullis of the 53rd, Jones of the 25th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts regarding
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alcoholic beverages, so as to revise penalties for a violation of Code Section 33-23; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Speaker announced the House in recess until 6:45 o'clock, this afternoon.
The Speaker called the House to order.
The following messages were received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 190. By Senators Miller of the 49th, Unterman of the 45th, Orrock of the 36th, Dugan of the 30th, Ligon, Jr. of the 3rd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to bona fide coin operated amusement machines, so as to provide for certain definitions; to provide for license fees and requirements for manufacturers and distributors; to provide for certain fees upon the transfer of a master license; to provide for an auction of certain licenses; to provide a procedure for dispute resolution; 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 Senate:
SB 191. By Senators Tippins of the 37th, Jeffares of the 17th, Gooch of the 51st, McKoon of the 29th, Thompson of the 5th and others:
A BILL to be entitled an Act to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near utility facilities, so as to prohibit local governing authorities from adopting or enforcing ordinances which mandate marking requirements or standards which are different from those contained in state law or the rules and regulations of certain departments of this state; to provide for related matters; to repeal conflicting laws; and for other purposes.
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Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 126. By Senators Hufstetler of the 52nd and Orrock of the 36th:
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; to amend Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Public Health; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician assistants, and others, so as to provide for emergency public access stations to allow a lay rescuer to consult with a medical professional to administer or make available auto-injectable epinephrine under certain circumstances; to provide for immunity; 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 Senate:
SB 127. By Senators Jeffares of the 17th, Harbison of the 15th, Harper of the 7th, Williams of the 19th, Stone of the 23rd and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; to provide for exceptions; to provide for refunds of certain civil penalties and fees; to provide for legislative findings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Resolution of the House was read and adopted:
HR 684. By Representatives Geisinger of the 48th, Wilkinson of the 52nd, Willard of the 51st, Jones of the 47th, Beskin of the 54th and others:
A RESOLUTION honoring the life and memory of Tom Lowe; and for other purposes.
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2637
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 567. By Representatives Dempsey of the 13th, Ramsey of the 72nd, Willard of the 51st, Oliver of the 82nd, Weldon of the 3rd and others:
A BILL to be entitled an Act to amend Code Section 19-6-26 of the Official Code of Georgia Annotated, relating to jurisdiction in cases relating to alimony and child support, so as to expand the jurisdiction of courts that may hear contempt proceedings; 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 19-6-26 of the Official Code of Georgia Annotated, relating to jurisdiction in cases relating to alimony and child support, so as to expand the jurisdiction of courts that may hear contempt proceedings; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 19-6-26 of the Official Code of Georgia Annotated, relating to jurisdiction in cases relating to alimony and child support, is amended by revising subsection (e) as follows:
"(e) Jurisdiction within this state to enforce, by a contempt proceeding or otherwise, a child support order entered by or registered with a court of this state shall be vested concurrently in the court issuing such order, in the court in the county where the person owing the duty of support may be found or is employed, and for in rem proceedings only, in the court in the county where property may be found which is subject to seizure, sale, foreclosure, or other process for application toward the support obligation."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
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On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett
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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden
Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson
Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 568. By Representatives Dempsey of the 13th, Weldon of the 3rd, Oliver of the 82nd, Willard of the 51st, Atwood of the 179th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to revise provisions relative to paternity testing in certain
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2639
cases; to provide for reimbursement of paternity testing costs incurred by the Department of Human Services; 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 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to revise provisions relative to paternity testing in certain cases; to provide for reimbursement of paternity testing costs incurred by the Department of Human Services; 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 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, is amended by revising Code Section 19-7-43, relating to petitions for determination of paternity, as follows:
"19-7-43. (a) A petition to establish the paternity of a child may be brought by:
(1) The child; (2) The mother of the child; (3) Any relative in whose care the child has been placed; (4) The Department of Human Services in the name of and for the benefit of a child for whom public assistance is received or in the name of and for the benefit of a child not the recipient of public services whose custodian has applied for services for the child; or (5) One who is alleged to be the father. (b) Regardless of its terms, an agreement, other than an agreement approved by the court in accordance with this article, between an alleged or presumed father and the mother or child does not bar a petition under this Code section. (c) If a petition under this article is brought before the birth of the child, all proceedings shall be stayed until after the birth except service of process, discovery, and the taking of depositions. (d) In any case in which the paternity of a child or children has not been established, any party may make a motion for the court to order the mother, the alleged father, and the child or children to submit to genetic tests as specified in Code Section 19-7-45. Such motion shall be supported by a sworn statement (1) alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties; or (2) denying paternity and setting forth facts establishing a reasonable
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possibility of the nonexistence of sexual contact between the parties. Appropriate orders shall be issued in accordance with the provisions of this article. The court shall grant the motion unless it finds good cause as defined by the federal Social Security Act or if other good excuse for noncooperation is established. (e) In any case for the collection of child support involving the Department of Human Services in which the paternity of a child or children has not been established or in which the individual receiving services alleges that paternity rests in a person other than the previously established father, the Department of Human Services may shall order genetic testing of the mother, the alleged father, and the child or children to submit to genetic tests as specified in Code Section 19-7-45. No genetic testing shall be undertaken by the Department of Human Services if the child was adopted either by the applicant for services or other alleged parent or if the child was conceived by means of artificial insemination. The request for the order need for genetic testing shall be supported by a sworn statement alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties. The parties shall be given notice and an opportunity to contest the order before the department Department of Human Services prior to the testing or the imposition of any noncooperation sanction. (f) In any case in which the court or the department Department of Human Services orders genetic testing and one or both of the parties to the action is receiving child support services pursuant to Code Section 19-11-6, the department Department of Human Services shall pay the costs of such tests subject to recoupment from the alleged father if paternity is established. A If the genetic test excludes the possibility of the alleged father being the biological father, then the applicant for services who named the alleged father shall be liable to the Department of Human Services for reimbursement of the paternity testing fee. Upon completion of the first test, but prior to the entry of any order, a second genetic test shall be ordered by the department if an order for paternity has not been issued and if the person making the request tenders payment in full of the cost of the initial test as well as the cost of the second test at the time of the request. Any party who, after notice sent by mail to their last known address, fail to cooperate with paternity testing or fail to make any child available for paternity testing may be sanctioned by the Department of Human Services. Such sanctions may include but shall not be limited to loss of the opportunity for paternity testing, loss of state benefits, denial of services, and administrative case closure. The Department of Human Services may bring a petition for contempt in the event of such noncooperation in violation of any court order."
SECTION 2. Said article is further amended by revising Code Section 19-7-45, relating to genetic tests, as follows:
"19-7-45. (a) All orders requiring parties to submit to genetic tests shall be issued in conformance with Code Sections 19-7-43, and 19-7-46, and 19-7-54. In all cases such tests must
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2641
shall be conducted by a laboratory certified by the American Association of Blood Banks and shall be conducted so that the results meet the standards the American Association of Blood Banks requires in order for such results to be admitted as evidence in a court of law. (b) When an action to determine paternity is initiated prior to the birth of a child, the court shall order that the genetic tests be made as soon as medically feasible after the birth. The tests shall be performed by a duly qualified licensed practicing physician, duly qualified immunologist, or other qualified person. In all cases, however, the court shall determine the number and qualifications of the experts. In all cases the results shall be made known to all parties at interest as soon as available. (c) An order issued under this Code section is enforceable by contempt, provided that, if the petitioner refuses to submit to an order for a genetic test, the court may dismiss the action upon motion of the respondent."
SECTION 3. Said article is further amended by revising Code Section 19-7-54, relating to motions to set aside determinations of paternity, as follows:
"19-7-54. (a) In Unless otherwise specified in this Code section, in any action in which a male is required to pay child support as the father of a child, a motion to set aside a determination of paternity may be made at any time upon the grounds set forth in this Code section. Any such motion shall be filed in the superior or state court that entered the order and shall include:
(1) An affidavit executed by the movant that the newly discovered evidence has come to movant's knowledge since the entry of judgment; and (2) The results from scientifically credible parentage-determination genetic testing, as authorized under Code Section 19-7-46 and administered within 90 days prior to the filing of such motion, that finds that there is a 0 percent probability that the male ordered to pay such child support is the father of the child for whom support is required. (b) The court shall grant relief on a motion filed in accordance with subsection (a) of this Code section upon a finding by the court of all of the following: (1) The genetic test required in paragraph (2) of subsection (a) of this Code section was properly conducted; (2) The male ordered to pay child support has not adopted the child; (3) The child was not conceived by artificial insemination while the male ordered to pay child support and the child's mother were in wedlock; (4) The male ordered to pay child support did not act to prevent the biological father of the child from asserting his paternal rights with respect to the child; and (5) The male ordered to pay child support with knowledge that he is not the biological father of the child has not:
(A) Married the mother of the child and voluntarily assumed the parental obligation and duty to pay child support;
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(B) Acknowledged his paternity of the child in a sworn statement; (C) Been named as the child's biological father on the child's birth certificate with his consent; (D) Been required to support the child because of a written voluntary promise; (E) Received written notice from the Department of Human Services, any other state agency, or any court directing him to submit to genetic testing which he disregarded; (F) Signed a voluntary acknowledgment of paternity as provided in Code Section 19-7-46.1; or (G) Proclaimed himself to be the child's biological father. (c) In the event movant fails to make the requisite showing provided in subsection (b) of this Code section, the court may grant the motion or enter an order as to paternity, duty to support, custody, and visitation privileges as otherwise provided by law. (d) In any case when the underlying child support order was issued by a court of this state or by the Department of Human Services and is being enforced by the Department of Human Services, a movant may request a genetic test from the Department of Human Services, contingent upon advance payment of the genetic test fee by such movant. In any case when the custodian of the child does not consent to testing, a movant may petition the court to ask for testing of the other parent and the child or children. (d)(e) In the event relief is granted pursuant to subsection (b) of this Code section, relief shall be limited to the issues of prospective child support payments, past due child support payments, termination of parental rights, custody, and visitation rights. In any case when the underlying order was obtained by the Department of Human Services, a court granting the motion to set aside a determination of paternity may relieve the obligor of responsibility for any future or past due amounts, or both, owed to the state. The court may also relieve the obligor of the same that is owed to any other person or entity so long as the obligor adds that person or entity to the underlying motion and provides that person or entity with notice of the action. In all motions brought under this Code section when there is any amount owed to the state, the state shall be made a party. Failure to include the Department of Human Services as a party shall prevent the waiver of any amount owed to the state. (e)(f) The duty to pay child support and other legal obligations for the child shall not be suspended while the motion is pending except for good cause shown; however, the court may order the child support be held in the registry of the court until final determination of paternity has been made. (f)(g)(1) In any action brought pursuant to this Code section, if the genetic test results submitted in accordance with paragraph (2) of subsection (a) of this Code section are provided solely by the male ordered to pay child support, the court on its own motion may, and on the motion of any party shall, order the child's mother, the child, and the male ordered to pay child support to submit to genetic tests. The court shall provide that such genetic testing be done no more than 30 days after the court issues its order.
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(2) If the mother of the child or the male ordered to pay child support willfully fails to submit to genetic testing, or if either such party is the custodian of the child and willfully fails to submit the child for testing, the court shall issue an order determining the relief on the motion against the party so failing to submit to genetic testing. If a party shows good cause for failing to submit to genetic testing, such failure shall not be considered willful. (3) The party requesting genetic testing shall pay any fees charged for the tests. If the custodian of the child is receiving services from an administrative agency in its role as an agency providing enforcement of child support orders, such agency shall pay the cost of genetic testing if it requests the test and may seek reimbursement for the fees from the person against whom the court assesses the costs of the action. (g)(h) If relief on a motion filed in accordance with this Code section is not granted, the court shall assess the costs of the action and attorney's fees against the movant."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Weldon of the 3rd and Welch of the 110 offer the following amendment:
Amend the House Committee on Juvenile Justice substitute to HB 568 (LC 29 6562S) by replacing line 60 with the following:
mail to his or her last known address, fails to cooperate with paternity testing or fails to make any
By replacing lines 76 and 77 with the following: shall order that the genetic tests be made as soon as medically feasible after the birth. (c) Genetic The tests shall be performed by a duly qualified licensed practicing physician, duly qualified
By replacing "(c)" with "(d)" on line 81 and deleting the quotation mark on line 83.
By inserting between lines 83 and 84 the following: (e)(1) The Department of Human Services and any court issuing an order with respect to a determination of paternity shall not, insofar as possible, attach the written results from a genetic test to any pleading or court order. (2) The genetic material collected for a genetic test shall be destroyed within six months after the entry of a final order relating to child support or a determination regarding paternity; provided, however, that when there is an appeal from a determination regarding paternity, upon motion of an interested party a court may order a delay in such destruction. When the Department of Human Services is a party
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in an action under this Code section, it shall be the department's responsibility to provide notice of the entry of an order to the appropriate persons and entities. (3) No later than 30 days after the destruction required by this subsection, the recipients of the genetic material collected for a genetic test and the written results of such tests shall provide the individuals tested with written notice, by first-class mail, of the date that such material and results were destroyed. (4) The genetic material collected for a genetic test shall not be shared with any other person or entity. (5) The individual from whom genetic material was collected may seek injunctive relief, a civil penalty of $500.00, and reasonable attorney's fees from any person who violates this Code section."
By replacing line 139 with the following: amount owed to the state, the Department of Human Services shall be made a party. Failure to include the
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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
FRIDAY, MARCH 13, 2015
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Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Frazier Y Frye
Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders
Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Weldon Y Werkheiser 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 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 510. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Chapter 34 of Title 50 of the Official Code of Georgia Annotated, relating to the OneGeorgia Authority, so as to provide for the creation of the Georgia Sports Commission Fund; to define certain terms; to provide for gifts and contributions; to provide for a committee to manage such fund; to provide for members; to provide conditions for obtaining grants and loans from such fund; to provide for an accounting; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
Representatives Stephens of the 164th and Dempsey of the 13th offer the following amendment:
Amend HB 510 (LC 21 3727ER) by deleting line 20 and inserting in lieu thereof the following:
(4) 'Sports commission' means an organization that is designated with managing
Pursuant to Rule 133, Representative Ehrhart of the 36th was excused from voting on HB 510.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
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Y Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M N Cantrell Y Carson Y Carter N Casas Y Chandler Y Cheokas E Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Coomer Y Cooper Y Corbett 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 Y Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley
Greene Y Hamilton
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett N Quick N Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw
Sims
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 N Stover Y Strickland Y Tankersley N Tanner N Tarvin Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson
Welch Weldon N Werkheiser 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 147, nays 21.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 475. By Representatives McCall of the 33rd, Burns of the 159th, Meadows of the 5th, England of the 116th, Harden of the 148th and others:
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 relating to the hunting of feral hogs; to revise definitions; to allow for the taking of feral hogs without a hunting license; to remove additional restrictions on the hunting of feral hogs; to provide for related matters; to repeal conflicting laws; and for other purposes.
FRIDAY, MARCH 13, 2015
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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 relating to the hunting of feral hogs; to remove certain restrictions on the hunting of feral hogs; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by revising subsection (b) of Code Section 27-1-33, relating to the offense of criminal trespass, as follows:
"(b) Any person who enters upon or who hunts, traps, or fishes on any public hunting or fishing area, fish hatchery, or natural area, or any game management area owned or operated, or owned and operated, by the department in violation of this Code section commits the offense of criminal trespass."
SECTION 2. Said title is further amended by revising Code Section 27-2-31, relating to wildlife control permits, as follows:
"27-2-31. (a) The department is authorized to issue wildlife control permits authorizing the permittee to trap, transport and release, or kill wildlife and feral hogs where such action is otherwise prohibited by law or regulation:
(1) When the department determines that there is a substantial likelihood the presence of such wildlife or feral hogs will endanger or cause injury to persons or will destroy or damage agricultural crops, domestic animals, buildings, structures, or other personal property; (2) For the control of white-tailed deer on airport property; provided, however, that permits shall be issued under this paragraph for purposes of public safety, and the control of white-tailed deer for other purposes and the removal of black bear shall be as provided in Code Sections 27-2-18 and 27-3-21, respectively; (3) For fur-bearing animals, as defined in paragraph (31) of Code Section 27-1-2, to implement a bona fide wildlife management plan that has been approved by the department; and (4) For feral hogs, provided that:
(A) All permitted activities must comply with all rules and regulations of the Department of Agriculture; and
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(B)(i) No person shall release any trapped or transported feral hog into any area that is not fenced to prevent the escape of such feral hog onto the land of another. (ii) Any person who violates division (i) of this subparagraph shall, upon conviction thereof, be guilty of a misdemeanor of a high and aggravated nature and shall be punished as provided by Code Section 17-10-4; provided, however, that if a fine is imposed pursuant to such Code section, such fine shall be not less than $1,500.00. (iii) Any license or permit previously issued under this title to any person convicted of violating division (i) of this subparagraph shall by operation of law be revoked and shall not be reissued for a period of three years after the date of such conviction. The licensee or permit holder shall be notified of the revocation personally or by a letter sent by certified mail or statutory overnight delivery to the name and address indicated on the application for the license or permit, or both, or to the Secretary of State as provided in Code Section 27-2-24. (b)(1) In issuing a wildlife control permit, the department shall prescribe the method, means, species, numbers, time limits, location, and any other conditions it deems necessary to ensure the continued viability of the wildlife population involved and to ensure that the public safety and interest are not compromised. (2) Notwithstanding the provisions of paragraph (1) of this subsection, a wildlife control permit for feral hogs shall authorize the hunting or trapping of such feral hogs: (A) At night with a light, except during the season prescribed for hunting deer; (B) From within a motor vehicle or while on a motor vehicle; and (C) By a Georgia resident without a hunting or trapping license if such hunting occurs on premises owned by the permittee or his or her immediate family or leased by him or her or his or her immediate family and used primarily for raising or harvesting crops other than timber or for containing livestock or poultry. Nothing in this subparagraph shall be construed to affect or negate the terms of any lease agreement. (3) A wildlife control permit for feral hogs shall expire not less than five years from the issuing date; provided, however, that if the permittee is leasing the premises upon which the hunting is to occur, such permit shall expire automatically upon the termination of the lease. The department shall provide for the renewal of permits. (c) Nothing in this Code section shall be construed to authorize the taking of any species which is protected by the federal Endangered Species Act of 1973, Public Law 93-205, as amended, or under any state law or regulation which has as its purpose the protection of endangered or threatened species."
SECTION 3. Said title is further amended by revising Code Section 27-3-4, relating to legal weapons for hunting, as follows:
"27-3-4. (a) It shall be unlawful to hunt wildlife with any weapon, except that:
FRIDAY, MARCH 13, 2015
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(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, and 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; (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 in addition to the weapons listed in this paragraph, any center-fire firearm of .17 caliber or larger may be used for hunting fox and bobcat. 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 other than deer and bear, 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;
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(8) There are no firearms restrictions for taking nongame animals, or nongame birds, or feral hogs; and (9) The use of silencers or suppressors for hunting within this state is prohibited; provided, however, that a silencer or suppressor may be used for hunting on the private property of the person using such silencer or suppressor, on private property for which the owner of such property has provided verifiable permission to the person using such silencer or suppressor, and on public lands in areas designated by the department. (b)(1) It shall be illegal to use a silencer or suppressor for hunting in violation of paragraph (9) of subsection (a) of this Code section. A person who violates the provisions of this paragraph shall be guilty of a misdemeanor. (2) 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 hunting big game out of season or at night with a firearm equipped with a suppressor shall be suspended for three years."
SECTION 4. Said title is further amended by revising subsection (a) of Code Section 27-3-13, relating to unlawful hunting of certain animals from vehicles, as follows:
"(a) It shall be unlawful to hunt any wildlife or feral hog from an electric, gas, or diesel boat, a steamboat, a sailboat, an airplane, a hydroplane, a hovercraft, or a motor vehicle; except that alligators may be hunted from any boat or watercraft under power and feral hogs may be hunted from motor vehicles in accordance with an applicable wildlife control permit issued by the department."
SECTION 5. Said title is further amended by revising Code Section 27-3-24, relating to restrictions on hunting feral hogs, as follows:
"27-3-24. (a) It shall be unlawful to hunt, or engage in the hunting of, feral hogs:
(1) Upon the lands of another or enter upon the lands of another in pursuit of feral hogs without first obtaining permission from the landowner or lessee of such land or the lessee of the game rights of such land; (2) Upon any land which is posted without having the permission required by paragraph (1) of this subsection in writing and carried upon the person; or (3) Reserved; (4) From within a vehicle or while riding on a vehicle at night and with the use of a light; (5) At night with a light, except that a light which is carried on the person of a hunter, affixed to a helmet or hat worn by a hunter, or part of a belt system worn by a hunter may be used for locating feral hogs; or
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(6)(3) During the firearms deer season unless the hunter and each person accompanying the hunter are wearing a total of at least 500 square inches of daylight fluorescent orange material as an outer garment and such material or garment is worn above the waistline, and may include a head covering. (a.1)(1) The board may by rule or regulation restrict the feeding, baiting, or hunting of feral hogs upon, over, around, or near feed or bait in any county wherein there is a documented occurrence of a communicable disease in deer and in any county adjoining such county. Such restriction may be imposed in such county and any adjoining county for a period of up to and including one year and may be extended for additional periods of up to and including two years each upon documentation that the communicable disease is still present in deer in such county. No person shall feed, bait, or hunt feral hogs in violation of any restriction imposed pursuant to this paragraph. (2) The department shall give notice of such restriction by mail or electronic means to each person holding a current license to hunt whose last known address is within a restricted county. The department may place or designate the placement of signs and markers so as to give notice of such restriction. (a.2) It shall be unlawful for any person to place, expose, deposit, distribute, or scatter any corn, wheat, or other grains, salts, apples, or other feed or bait so as to constitute a lure, attraction, or enticement for feral hogs within 50 yards of any property ownership boundary. (b) The Board of Natural Resources is authorized by rules or regulations to control and regulate the hunting or taking of feral hogs on wildlife management areas."
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 Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey
Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston
Howard Y Hugley
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea
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 Tankersley
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Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw
Sims
Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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.
HB 401. By Representatives Efstration of the 104th, Ballinger of the 23rd, Dempsey of the 13th and Broadrick of the 4th:
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; to amend Code Section 16-12-1.1 of the Official Code of Georgia Annotated, relating to restrictions on persons with criminal records with regard to child, family, or group-care facilities, so as to revise terminology; to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards in buildings presenting special hazards to persons or property, so as to revise terminology; 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:
FRIDAY, MARCH 13, 2015
2653
Y Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman N Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo N McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice N Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 4.
The Bill, having received the requisite constitutional majority, was passed.
HB 299. By Representatives Dunahoo of the 30th, Williams of the 119th, Rogers of the 29th, Hawkins of the 27th, Williamson of the 115th 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 definitions; to provide for the imposition of convenience fees upon payments for certain loans or purchases when paid by electronic means; to provide for notice of the imposition of convenience fees; to provide for exclusions and applicability; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
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The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 1 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions for contracts, so as to provide for definitions; to provide for the imposition of convenience fees upon payments for certain loans or purchases when paid by electronic means; to provide for notice of the imposition of convenience fees; to provide for exclusions and applicability; 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. 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:
"13-1-15. (a) As used in this Code section, the term:
(1) 'Actual cost' means the amount paid by a third party for the processing of a payment made by electronic means. If a lender or merchant is a subsidiary of an entity that processes payments made by electronic means, the parent entity shall be considered a third party. (2) 'Payment by electronic means' means the remittance of an amount owed through the use of a credit card, debit card, electronic funds transfer, electronic check, or other electronic method. (b) In addition to any other charges, interest, and fees permitted by law and subject to the terms and conditions of the debit card or credit card acceptance agreement, a lender or merchant may collect a nonrefundable convenience fee from any person electing to utilize an option of payment by electronic means. Such convenience fee shall be in an amount that represents the actual cost to a lender or merchant; provided, however, that in lieu of the actual cost, a lender or merchant may collect a convenience fee which does not exceed the average of the actual cost incurred for a specific type of payment made by electronic means for which such lender or merchant imposes a convenience fee. (c) No convenience fee shall be charged unless a lender or merchant also provides a direct payment option by check, cash, or money order in which no convenience fee is imposed. (d) Any lender or merchant imposing a convenience fee as provided for in this Code section shall provide clear disclosure of such fee prior to imposition. Such notice shall include the dollar amount of such fee, a statement that such fee is nonrefundable, and a statement that such fee is charged for payment by electronic means.
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(e) This Code section shall apply only 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, motor vehicle sales financing contracts entered into pursuant to Article 2 of Chapter 1 of Title 10, and insurance premium finance agreements entered into pursuant to Chapter 22 of Title 33; provided, however, that a convenience fee authorized under this Code section shall not constitute interest, an additional charge, a time price differential, a finance charge, or a service charge within the meaning of Code Section 7-3-15, 10-1-4, 10-1-33, or 33-22-9. (f) Nothing contained in Code Section 7-4-18 shall be construed to amend or modify the provisions 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.
Pursuant to Rule 133, Representative Kidd of the 145th was excused from voting on HB 299.
The report of the Committee, which was favorable to the passage of the Bill, 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 N Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration N Ehrhart Y England Y Epps
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal N Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince N Pruett Y Quick Y Raffensperger Y Rakestraw
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D N Taylor, T Y Teasley N Thomas, A.M. Y Thomas, E Y Trammell
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Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter N Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway N Geisinger E Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Kaiser Y Kelley Y Kendrick
Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott N Setzler Y Sharper Y Shaw Y Sims
N Turner Y Waites Y Watson N Welch
Weldon Y Werkheiser 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 13.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 432. By Representatives Raffensperger of the 50th, Willard of the 51st, Geisinger of the 48th, Brooks of the 55th, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory by municipal corporations, so as to provide that local Acts providing for the deannexation of property from a municipality and the annexation of the same property to another municipality which are effective on the same date do not create a prohibited unincorporated island; 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 Belton Y Bennett
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston Y Howard
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake
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
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Y Bentley Y Benton Y Beskin N Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley Y Greene N Hamilton
Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo N McCall Y McClain
Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice N Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 6.
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 #2 FRIDAY, MARCH 13, 2015
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 30th Legislative Day as enumerated below:
DEBATE CALENDAR
Open Rule
None
Modified Open Rule
HB 3
Education; programs; person solicit transaction with student-athlete; provide sanctions (Substitute)(HEd-Fleming-121st)
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HB 547 HB 551
Estates; taxes and tax liens; change provisions (Substitute)(Judy-Fleming121st) Public officers and employees; authorize political subdivisions to provide for voluntary contributions by employees through payroll deductions to certain not for profit organizations; provisions (Substitute)(GAffBrockway-102nd)
Modified Structured Rule
HB 174
Urban Redevelopment Law; include blighted areas; provisions (Substitute)(Trans-Jones-62nd)
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 Bills of the House were taken up for consideration and read the third time:
HB 174. By Representatives Jones of the 62nd, Bruce of the 61st, Gravley of the 67th, Hightower of the 68th and Alexander of the 66th:
A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, the "Urban Redevelopment Law," so as to include blighted areas; to modernize terminology; to provide for the use of surface transportation projects in urban redevelopment areas; 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:
A BILL TO BE ENTITLED AN ACT
FRIDAY, MARCH 13, 2015
2659
To amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, the "Urban Redevelopment Law," so as to revise terminology from "slums" to "pockets of blight"; 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 61 of Title 36 of the Official Code of Georgia Annotated, the "Urban Redevelopment Law," is amended by revising Code Section 36-61-2, relating to definitions, as follows:
"36-61-2. As used in this chapter, the term:
(1) 'Agency' or 'urban redevelopment agency' means a public agency created by Code Section 36-61-18. (2) 'Area of operation' means the area within the corporate limits of the municipality or county and the area within five miles of such limits, except that it shall not include any area which lies within the territorial boundaries of another incorporated municipality or another county unless a resolution is adopted by the governing body of such other municipality or county declaring a need therefor. (3) 'Board' or 'commission' means a board, commission, department, division, office, body, or other unit of the municipality or county. (4) 'Bonds' means any bonds (including refunding bonds), notes, interim certificates, certificates of indebtedness, debentures, or other obligations. (5) 'Clerk' means the clerk or other official of the municipality or county who is the custodian of the official records of such municipality or county. (6) 'County' means any county in this state. (7) 'Downtown development authority' means an authority created pursuant to Chapter 42 of this title. (8) 'Federal government' means the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America. (9) 'Housing authority' means a housing authority created by and established pursuant to Article 1 of Chapter 3 of Title 8, the 'Housing Authorities Law.' (10) 'Local governing body' means the council or other legislative body charged with governing the municipality and the board of commissioners or governing authority of the county. (11) 'Mayor' means the mayor of a municipality or other officer or body having the duties customarily imposed upon the executive head of a municipality. (12) 'Municipality' means any incorporated city or town in the this state. (13) 'Obligee' includes any bondholder, agents, or trustees for any bondholders, or any lessor demising to the municipality or county property used in connection with an urban redevelopment project, or any assignee or assignees of such lessor's interest or any part thereof, and the federal government when it is a party to any contract with the municipality or county.
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(14) 'Person' means any individual, firm, partnership, corporation, company, association, joint-stock association, or body politic and includes any trustee, receiver, assignee, or other person acting in a similar representative capacity. (15) 'Pocket of blight' means an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age, or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; existence of conditions which endanger life or property by fire and other causes; or any combination of such factors, are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime and detrimental to the public health, safety, morals, or welfare. 'Pocket of blight' also means an area which by reason of the presence of a substantial number of deteriorated or deteriorating structures; predominance of defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness; unsanitary or unsafe conditions; deterioration of site or other improvements; tax or special assessment delinquency exceeding the fair value of the land; the existence of conditions which endanger life or property by fire and other causes; having development impaired by airport or transportation noise or other environmental hazards; or any combination of such factors, substantially impairs or arrests the sound growth of a municipality or county, retards the provisions of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use. (16) 'Pocket of blight clearance and redevelopment' may include:
(A) Acquisition of a pocket of blight or portion thereof; (B) Rehabilitation or demolition and removal of buildings and improvements; (C) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out in the area the urban redevelopment provisions of this chapter in accordance with the urban redevelopment plan; and (D) Making the land available for development or redevelopment by private enterprise or public agencies, including sale, initial leasing, or retention by the municipality or county itself, at its fair value for uses in accordance with the urban redevelopment plan. (15)(17) 'Public body' means the state or any municipality, county, board, commission, authority, district, housing authority, urban redevelopment agency, or other subdivision or public body of the state. (16)(18) 'Real property' includes all lands, including improvements and fixtures thereon and property of any nature appurtenant thereto or used in connection therewith, and every estate, interest, right, and use, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage, or otherwise. (17)(19) 'Rehabilitation' or 'conservation' may include the restoration and redevelopment of a slum area pocket of blight or portion thereof, in accordance with an urban redevelopment plan, by:
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(A) Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements; (B) Acquisition of real property and rehabilitation or demolition and removal of buildings and improvements thereon where necessary to eliminate unhealthful, unsanitary, or unsafe conditions, to lessen density, to reduce traffic hazards, to eliminate obsolete or other uses detrimental to the public welfare, to otherwise remove or prevent the spread of slums pockets of blight or deterioration, or to provide land for needed public facilities; (C) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out in the area the urban redevelopment provisions of this chapter; and (D) The disposition of any property acquired in such urban redevelopment area, including sale, initial leasing or retention by the municipality or county itself, at its fair value for uses in accordance with the urban redevelopment plan. (18) 'Slum area' means an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age, or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; existence of conditions which endanger life or property by fire and other causes; or any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime and is detrimental to the public health, safety, morals, or welfare. 'Slum area' also means an area which by reason of the presence of a substantial number of slum, deteriorated, or deteriorating structures; predominance of defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness; unsanitary or unsafe conditions; deterioration of site or other improvements; tax or special assessment delinquency exceeding the fair value of the land; the existence of conditions which endanger life or property by fire and other causes; by having development impaired by airport or transportation noise or by other environmental hazards; or any combination of such factors substantially impairs or arrests the sound growth of a municipality or county, retards the provisions of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use. (19) 'Slum clearance and redevelopment' may include: (A) Acquisition of a slum area or portion thereof; (B) Rehabilitation or demolition and removal of buildings and improvements; (C) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out in the area the urban redevelopment provisions of this chapter in accordance with the urban redevelopment plan; and (D) Making the land available for development or redevelopment by private enterprise or public agencies (including sale, initial leasing, or retention by the
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municipality or county itself) at its fair value for uses in accordance with the urban redevelopment plan. (20) 'Urban redevelopment area' means a slum area pocket of blight which the local governing body designates as appropriate for an urban redevelopment project. (21) 'Urban redevelopment plan' means a plan, as it exists from time to time, for an urban redevelopment project, which plan shall: (A) Conform to the general plan for the municipality or county as a whole; and (B) Be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban redevelopment area; zoning and planning changes, if any; land uses; maximum densities; building requirements; and the plan's relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements. (22) 'Urban redevelopment project' may include undertakings or activities of a municipality or county in an urban redevelopment area for the elimination and for the prevention of the development or spread of slums pockets of blight and may involve slum pocket of blight clearance and redevelopment in an urban redevelopment area, rehabilitation or conservation in an urban redevelopment area, or any combination or part thereof, in accordance with an urban redevelopment plan. Although the power of eminent domain may not be exercised for such purposes, such undertakings or activities may include: (A) Acquisition, without regard to any requirement that the area be a slum or blighted area pocket of blight, of air rights in an area consisting of lands and highways, railway or subway tracks, bridge or tunnel entrances, or other similar facilities which have a blighting influence on the surrounding area and over which air rights sites are to be developed for the elimination of such blighting influences and for the provision of housing and related facilities and uses designed for, and limited primarily to, families and individuals of low or moderate income; and (B) Construction of foundations and platforms necessary for the provision of air rights sites of housing and related facilities and uses designed for, and limited primarily to, families and individuals of low or moderate income or construction of foundations necessary for the provision of air rights sites for development of nonresidential facilities."
SECTION 2. Said chapter is further amended by revising Code Section 36-61-3, relating to legislative findings and declaration of necessity, as follows:
"36-61-3. (a) It is found and declared that there exist in municipalities and counties of this state slum areas pockets of blight, as defined in paragraph (18) (15) of Code Section 36-61-2, which constitute a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of this state; that the existence of such areas
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contributes substantially and increasingly to the spread of disease and crime, constitutes an economic and social liability, substantially impairs or arrests the sound growth of municipalities and counties, retards the provision of housing accommodations, aggravates traffic problems, and substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of slums pockets of blight is a matter of state policy and state concern, in order that the this state and its municipalities and counties shall not continue to be endangered by areas which are local centers of disease, promote juvenile delinquency, and, while contributing little to the tax income of the this state and its municipalities and counties, consume an excessive proportion of its revenues because of the extra services required for police, fire, accident, hospitalization, and other forms of public protection, services, and facilities. (b) It is further found and declared that certain slum areas pockets of blight or portions thereof may require acquisition, clearance, and disposition, subject to use restrictions, as provided in this chapter, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation; that the other areas or portions thereof, through the means provided in this chapter, may be susceptible of conservation or rehabilitation in such a manner that the conditions and evils enumerated in subsection (a) of this Code section may be eliminated, remedied, or prevented and that, to the extent that is feasible, salvable slum areas pockets of blight should be conserved and rehabilitated through voluntary action and the regulatory process. (c) It is further found and declared that the powers conferred by this chapter are for public uses and purposes for which public money may be expended and the power of eminent domain may be exercised. The necessity, in the public interest, for the provisions enacted in this chapter is declared as a matter of legislative determination."
SECTION 3. Said chapter is further amended by revising Code Section 36-61-5, relating to resolution of necessity as prerequisite to exercise of powers, as follows:
"36-61-5. No municipality or county shall exercise any of the powers conferred upon municipalities and counties by this chapter until after its local governing body has adopted a resolution finding that:
(1) One or more slum areas pockets of blight exist in such municipality or county; and (2) The rehabilitation, conservation, or redevelopment, or a combination thereof, of such area or areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of the municipality or county."
SECTION 4. Said chapter is further amended by revising Code Section 36-61-6, relating to formulation of workable program, as follows:
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"36-61-6. For the purposes of this chapter, a municipality or county may formulate a workable program for utilizing appropriate private and public resources, including those specified in Code Section 36-61-11, to eliminate and prevent the development or spread of slums pockets of blight, to encourage needed urban rehabilitation, to provide for the redevelopment of slum areas pockets of blight, or to undertake such of the aforesaid activities or such other feasible municipal or county activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include, without limitation, provision for the prevention of the spread of slums pockets of blight into areas of the municipality or county which are free from slums pockets of blight, through diligent enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or conservation of slum areas pockets of blight or portions thereof by replanning, removing congestion, providing parks, playgrounds, and other public improvements, encouraging voluntary rehabilitation, and compelling the repair and rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of slum areas pockets of blight or portions thereof."
SECTION 5. Said chapter is further amended by revising Code Section 36-61-7, relating to preparation of redevelopment plan, approval, modification, and effect of approval, as follows:
"36-61-7. (a) A municipality or county shall not approve an urban redevelopment plan for an urban redevelopment area unless the governing body, by resolution, has determined such area to be a slum area pocket of blight and designated such area as appropriate for an urban redevelopment project. Authority is vested in every municipality and county to prepare, to adopt, and to revise, from time to time, a general plan for the physical development of the municipality or county as a whole (giving due regard to the environs and metropolitan surroundings), to establish and maintain a planning commission for such purpose and related municipal and county planning activities, and to make available and to appropriate the necessary funds therefor. A municipality or county shall not acquire real property for an urban redevelopment project unless the local governing body has approved the urban redevelopment plan in accordance with subsection (d) of this Code section. (b) The municipality or county may itself prepare or cause to be prepared an urban redevelopment plan; alternatively, any person or agency, public or private, may submit a plan to a municipality or county. (c) The local governing body of the municipality or county shall hold or shall cause some agency of the municipality or county to hold a public hearing on an urban redevelopment plan or a substantial modification of an approved urban redevelopment plan, after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the municipality or county. The notice shall describe the time, date, place, and purpose of the hearing, shall generally identify the
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urban redevelopment area covered by the plan, and shall outline the general scope of the urban redevelopment project under consideration. (d) Following such hearing, the local governing body may approve an urban redevelopment plan if it finds that:
(1) A feasible method exists for the relocation of families who will be displaced from the urban redevelopment area in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families; (2) The urban redevelopment plan conforms to the general plan of the municipality or county as a whole; and (3) The urban redevelopment plan will afford maximum opportunity, consistent with the sound needs of the municipality or county as a whole, for the rehabilitation or redevelopment of the urban redevelopment area by private enterprise. (e) An urban redevelopment plan may be modified at any time, provided that, if modified after the lease or sale by the municipality or county of real property in the urban redevelopment project area, such modification shall be subject to such rights at law or in equity as a lessee or purchaser or his or her successor or successors in interest may be entitled to assert. Any proposed modification which will substantially change the urban redevelopment plan as previously approved by the local governing body shall be subject to the requirements of this Code section, including the requirement of a public hearing, before it may be approved. (f) Upon the approval of an urban redevelopment plan by a municipality or county, the provisions of the plan with respect to the future use and building requirements applicable to the property covered by the plan shall be controlling with respect thereto."
SECTION 6. Said chapter is further amended by revising paragraphs (1), (6), and (9) of Code Section 36-61-8, relating to powers of municipalities and counties generally, as follows:
"(1) To undertake and carry out urban redevelopment projects within its area of operation; to make and execute contracts and other instruments necessary or convenient to the exercise of its powers under this chapter; and to disseminate slum pocket of blight clearance and urban redevelopment information;" "(6) Within their area of operation, to make or have made all plans necessary to the carrying out of the purposes of this chapter and to contract with any person, public or private, in making and carrying out such plans and to adopt or approve, modify, and amend such plans. Such plans may include, without limitation:
(A) A general plan for the locality as a whole; (B) Urban redevelopment plans; (C) Plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements, to include but not to be limited to making loans and grants from funds received from the federal government, as well as from funds received from the repayment of such loans and interest thereon, to persons, public or private, owning private housing for the purpose of financing the rehabilitation of such housing;
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(D) Plans for the enforcement of state and local laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements; and (E) Appraisals, title searches, surveys, studies, and other preliminary plans and work necessary to prepare for the undertaking of urban redevelopment projects. The municipality or county is authorized to develop, test, and report methods and techniques and to carry out demonstrations and other activities for the prevention and elimination of slums pockets of blight and to apply for, accept, and utilize grants of funds from the federal government for such purposes;" "(9) Within their areas of operation, to organize, coordinate, and direct the administration of the provisions of this chapter as they apply to such municipality or county, in order that the objective of remedying slums pockets of blight and preventing the causes thereof within the municipality or county may be most effectively promoted and achieved, and to establish such new office or offices of the municipality or county or to reorganize existing offices in order to carry out such purpose most effectively.; and"
SECTION 7. Said chapter is further amended by revising subsection (a) of Code Section 36-61-10, relating to disposal of property in redevelopment area generally, notice and bidding procedures, exchange with veterans' organization, and temporary operation of property, as follows:
"(a) A municipality or county may sell, lease, or otherwise transfer real property in an urban redevelopment area or any interest therein acquired by it and may enter into contracts with respect thereto, for residential, recreational, commercial, industrial, or other uses or for public use; or the municipality or county may retain such property or interest for public use, in accordance with the urban redevelopment plan, subject to such covenants, conditions, and restrictions, including covenants running with the land and including the incorporation by reference therein of the provisions of an urban redevelopment plan or any part thereof, as it may deem to be in the public interest or necessary or desirable to assist in preventing the development or spread of future slums pockets of blight or to otherwise carry out the purposes of this chapter. Such sale, lease, other transfer, or retention and any agreement relating thereto may be made only after the approval of the urban redevelopment plan by the local governing body. The purchasers or lessees and their successors and assigns shall be obligated to devote such real property only to the uses specified in the urban redevelopment plan and may be obligated to comply with such other requirements as the municipality or county may determine to be in the public interest, including the obligation to begin within a reasonable time any improvements on the real property required by the urban redevelopment plan. Such real property or interest shall be sold, leased, otherwise transferred, or retained at not less than its fair value for uses in accordance with the urban redevelopment plan. In determining the fair value of real property for uses in
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accordance with the urban redevelopment plan, a municipality or county shall take into account and give consideration to the uses provided in such plan; the restrictions upon and the covenants, conditions, and obligations assumed by the purchaser or lessee or by the municipality or county retaining the property; and the objectives of such plan for the prevention of the recurrence of slum areas pockets of blight. The municipality or county in any instrument of conveyance to a private purchaser or lessee may provide that such purchaser or lessee shall be without power to sell, lease, or otherwise transfer the real property without the prior written consent of the municipality or county until he or she has completed the construction of any and all improvements which he or she has obligated himself or herself to construct thereon. Real property acquired by a municipality or county which, in accordance with the provisions of the urban redevelopment plan, is to be transferred shall be transferred as rapidly as feasible in the public interest consistent with the carrying out of the provisions of the urban redevelopment plan. The inclusion in any such contract or conveyance to a purchaser or lessee of any such covenants, restrictions, or conditions, including the incorporation by reference therein of the provisions of an urban redevelopment plan or any part thereof, shall not prevent the filing of the contract or conveyance in the land records of the county in such manner as to afford actual or constructive notice thereof."
SECTION 8. Said chapter is further amended by revising subsection (b) of Code Section 36-61-17, relating to exercise of redevelopment powers by municipalities and counties and delegation to redevelopment agency or housing authority, as follows:
"(b) As used in this Code section, the term 'urban redevelopment project powers' shall include all of the rights, powers, functions, duties, privileges, immunities, and exemptions granted to a municipality or county under this chapter, except the following: (1) The power to determine an area to be a slum area pocket of blight and to designate such area as appropriate for an urban redevelopment project; (2) The power to approve and amend urban redevelopment plans; (3) The power to establish a general plan for the locality as a whole; (4) The power to formulate a workable program under Code Section 36-61-6; (5) The powers, duties, and functions referred to in Code Section 36-61-11; (6) The power to make the determinations and findings provided for in Code Section 36-61-4, Code Section 36-61-5, and subsection (d) of Code Section 36-61-7; (7) The power to issue general obligation bonds; and (8) The power to appropriate funds, to levy taxes and assessments, and to exercise other powers provided for in paragraph (8) of Code Section 36-61-8."
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
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On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 551. By Representative Brockway of the 102nd:
A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salary deductions applicable to public officers and employees, so as to authorize local political subdivisions to provide for voluntary contributions by employees through
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payroll deductions to certain not for profit organizations; to provide for a definition; to authorize voluntary deductions from wages or salaries of employees of the State of Georgia and local units of administration for purchases of consumer offerings through an employee purchase program facilitated by and through the Department of Administrative Services; to change a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salary deductions applicable to public officers and employees, so as to authorize voluntary deductions from wages or salaries of employees of the State of Georgia and local units of administration for purchases of consumer offerings through an employee purchase program facilitated by and through the Department of Administrative Services; 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 7 of Title 45 of the Official Code of Georgia Annotated, relating to salary deductions applicable to public officers and employees, is amended by revising Code Section 45-7-56, relating to deductions for purchase of personal computing and computer related equipment, as follows:
"45-7-56. (a) As used in this Code section, the term 'local unit of administration' means any county or independent board of education. (b) It is the purpose of this Code section to permit voluntary deductions from wages or salaries of employees of the State of Georgia and local units of administration for the purchase of personal computing and computer related equipment through an employee purchase program facilitated by and through the Georgia Technology Authority and for the purchase of consumer offerings through an employee purchase program facilitated by and through the Department of Administrative Services. (c) Any department, agency, authority, or commission of the state or any local unit of administration is authorized to deduct designated amounts from the wages or salaries from its employees for the purpose of facilitating employee purchases of personal computing and computer related equipment through an employee purchase program facilitated by and through the Georgia Technology Authority and for the purpose of facilitating employee purchases of consumer offerings through an employee purchase program facilitated by and through the Department of Administrative Services. No such
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deduction shall be made under this Code section without the express written and voluntary consent of the employee. Each such request shall designate the exact amount to be deducted. Any employee who has consented to a deduction is authorized to withdraw from such salary reduction with two weeks' written notice; provided, however, that such withdrawal shall not relieve any employee of any outstanding indebtedness incurred under such purchase program.
(d)(1) The fiscal authorities or other employees of the various departments or agencies of this state will not incur any liability for errors or omissions made in the performance of the agreement between the state and the employee. (2) The fiscal authorities or other employees of local units of administration will not incur any liability for errors or omissions made in the performance of the agreement between the local unit of administration and the employee. (3) Notwithstanding the provisions of paragraphs (1) and (2) of this subsection, this Code section does not confer immunity from criminal or civil liability for conversion, theft by conversion, theft by taking, theft by extortion, theft by deception, or any other intentional misappropriation of the money or property of another. (e) If a state employee or public school employee leaves employment for any reason and a balance is owing for the computer, or equipment, or consumer offering, then, in that event, the state or board of education or the state retirement system shall have the right to deduct the balance owing from any funds under the control of the state or board of education or state retirement system to which said employee would otherwise be entitled."
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 Belton Y Bennett N Bentley Y Benton
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler N Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins
Henson Y Hightower N Hitchens Y Holcomb Y Holmes N Houston Y Howard Y Hugley Y Jackson
Meadows Y Mitchell Y Morris
Mosby Y Nimmer N Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold
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 N Tankersley Y Tanner
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Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns N Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler
Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin N Maxwell Y Mayo Y McCall Y McClain
Y Powell, A Y Powell, J Y Prince N Pruett Y Quick Y Raffensperger N Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Tarvin Y Taylor, D N Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 12.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 547. By Representatives Fleming of the 121st, Powell of the 171st and Willard of the 51st:
A BILL to be entitled an Act to amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to year's support, so as to change provisions relating to taxes and tax liens; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to year's support, so as to change provisions relating to taxes and tax liens; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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SECTION 1.
Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to year's support, is amended by revising Code Section 53-3-4, relating to taxes and tax liens, as follows:
"53-3-4. (a) As used in this Code section, the term 'homestead' shall have the same meaning as set forth in Code Section 48-5-40. (b) In solvent and insolvent estates, all taxes and liens for taxes accrued for years prior to the year of the decedent's death against the real property homestead set apart and against any equity of redemption applicable to the real property homestead set apart shall be divested as if the entire title were included in the year's support. Additionally, as elected in the petition, property taxes accrued in the year of the decedent's death or in the year in which the petition for year's support is filed or, if the petition is filed in the year of the decedent's death, in the year following the filing of the petition, shall be divested if the real property homestead is set apart for year's support."
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
Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns
Y Coomer Y Cooper Y Corbett Y 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Y Meadows Y Mitchell
Morris Y Mosby Y Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites
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Y Caldwell, J Y Caldwell, M Y Cantrell
Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley
Greene Y Hamilton
Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Watson Y Welch Y Weldon Y Werkheiser 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 393. By Representatives Martin of the 49th, Maxwell of the 17th, Stover of the 71st, Dudgeon of the 25th, Brockway of the 102nd and others:
A BILL to be entitled an Act to amend Part 5 of Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle fair practices, so as to provide for an exception to restrictions on the ownership, operation, or control of dealerships by manufacturers and franchisors; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and withdrawn:
A BILL TO BE ENTITLED AN ACT
To amend Part 5 of Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle fair practices, so as to provide for definitions; to provide for an exception to restrictions on the ownership, operation, or control of dealerships by manufacturers and franchisors; 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 5 of Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle fair practices, is amended in Code Section 10-1-622, relating to definitions, by revising paragraph (11) as follows:
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"(11) 'New motor vehicle' means a motor vehicle which has been sold to a dealer and on which the original motor vehicle title has not been issued."
SECTION 2. Said part is further amended in Code Section 10-1-664.1, relating to restrictions on the ownership, operation, or control of dealerships by manufacturers and franchisors, by revising subsections (a) and (b) as follows:
"(a) It shall be unlawful for any manufacturer or franchisor or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor to own, operate, or control or to participate in the ownership, operation, or control of any new motor vehicle dealer in this state within a 15 mile radius of an existing dealer of such manufacturer or franchisor; to own, operate, or control, directly or indirectly, more than a 45 percent interest in a dealer or dealership in this state; to establish in this state an additional dealer or dealership in which such person or entity has any interest; or to own, operate, or control, directly or indirectly, any interest in a dealer or dealership in this state unless such person or entity has acquired such interest from a dealer or dealership which has been in operation for at least five years prior to such acquisition; provided, however, that this subsection shall not be construed to prohibit:
(1) The ownership, operation, or control by a manufacturer or franchisor of a new motor vehicle dealer for a temporary period, not to exceed one year, during the transition from one owner or operator to another; (2) The ownership, operation, or control of a new motor vehicle dealer by a manufacturer or franchisor during a period in which such new motor vehicle dealer is being sold under a bona fide contract, shareholder agreement, or purchase option to the operator of the dealership; (3) The ownership, operation, or control of a new motor vehicle dealer by a manufacturer or franchisor at the same location at which such manufacturer or franchisor has been engaged in the retail sale of new motor vehicles as the owner, operator, or controller of such dealership for a continuous two-year period of time immediately prior to April 1, 1999, where there is no prospective new motor vehicle dealer available to own or operate the dealership in a manner consistent with the public interest; (4) The ownership, operation, or control by a manufacturer which manufactures only motorcycles or motor homes of a retail sales operation engaged in the retail sale of motorcycles or motor homes; (5) The ownership, operation, or control by a manufacturer which is selling motor vehicles directly to the public at an established place of business on January 1, 1999, and which has never sold its line make of new motor vehicles in Georgia this state through a franchised new motor vehicle dealer unless and until such manufacturer is wholly or partially acquired by another manufacturer or franchisor; (6) The ownership, operation, or control by a manufacturer which manufactures trucks with a gross vehicle weight rating of 12,500 pounds or more of a new motor
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vehicle dealer which only sells trucks with a gross vehicle weight rating of 12,500 pounds or more at the same location at which such manufacturer has been engaged in the retail sale of such trucks as the owner, operator, or controller of such dealership for a continuous two-year period of time immediately prior to April 1, 1999, or at one additional location which is not located within the relevant market area of an existing dealer of the same line make of trucks; provided, however, this exemption shall apply to a manufacturer described in this paragraph only until such manufacturer is wholly or partially acquired by another manufacturer or distributor; or (7) A manufacturer from selling new motor vehicles to customers if such vehicles are manufactured or assembled in accordance with custom design specifications of the customer and such sales are limited to no more than 150 vehicles per year; or (8) The ownership, operation, or control by a manufacturer of not more than five locations licensed as new motor vehicle dealerships for the sale of new motor vehicles and any locations that engage exclusively in the repair of such manufacturer's line make of motor vehicles, provided that such manufacturer was selling or otherwise distributing its motor vehicles at an established place of business in this state as of January 1, 2015, and:
(A) The manufacturer manufactures or assembles zero emissions motor vehicles exclusively and has never sold its line make of motor vehicles in this state through a franchised new motor vehicle dealer; and (B) The manufacturer has not acquired a controlling interest in a franchise or a subsidiary or other entity controlled by such franchisor, or sold or transferred a controlling interest in such manufacturer to a franchisor or subsidiary or other entity controlled by such franchisor. (b) It shall be unlawful for a manufacturer or franchisor or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor to compete unfairly with a new motor vehicle dealer of the same line make, operating under a franchise, in the State of Georgia, and, except as otherwise provided in this subsection, the mere ownership, operation, or control of a new motor vehicle dealer by a manufacturer or franchisor under the conditions set forth in paragraphs (1) through (7)(8) of subsection (a) of this Code section shall not constitute a violation of this subsection. For purposes of this Code section, a manufacturer or franchisor or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor shall be conclusively presumed to be competing unfairly if it gives any preferential treatment to a dealer or dealership of which any interest is directly or indirectly owned, operated, or controlled by such manufacturer or franchisor or any partner, affiliate, wholly or partially owned subsidiary, officer, or representative of such manufacturer or franchisor, expressly including, but not limited to, preferential treatment regarding the direct or indirect cost of vehicles or parts, the availability or allocation of vehicles or parts, the availability or allocation of special or program vehicles, the provision of service and service support, the availability of or participation in special programs, the administration of warranty policy, the availability and use of
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after warranty adjustments, advertising, floor planning, financing or financing programs, or factory rebates."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Part 5 of Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle fair practices, so as to provide for definitions; to provide for an exception to restrictions on the ownership, operation, or control of dealerships by manufacturers and franchisors; 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 5 of Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle fair practices, is amended in Code Section 10-1-622, relating to definitions, by revising paragraph (11) as follows:
"(11) 'New motor vehicle' means a motor vehicle which has been sold to a dealer and on which the original motor vehicle title has not been issued."
SECTION 2. Said part is further amended in Code Section 10-1-664.1, relating to restrictions on the ownership, operation, or control of dealerships by manufacturers and franchisors, by revising subsections (a) and (b) as follows:
"(a) It shall be unlawful for any manufacturer or franchisor or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor to own, operate, or control or to participate in the ownership, operation, or control of any new motor vehicle dealer in this state within a 15 mile radius of an existing dealer of such manufacturer or franchisor; to own, operate, or control, directly or indirectly, more than a 45 percent interest in a dealer or dealership in this state; to establish in this state an additional dealer or dealership in which such person or entity has any interest; or to own, operate, or control, directly or indirectly, any interest in a dealer or dealership in this state unless such person or entity has acquired such interest from a dealer or dealership which has been in operation for at least five years prior to such acquisition; provided, however, that this subsection shall not be construed to prohibit:
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(1) The ownership, operation, or control by a manufacturer or franchisor of a new motor vehicle dealer for a temporary period, not to exceed one year, during the transition from one owner or operator to another; (2) The ownership, operation, or control of a new motor vehicle dealer by a manufacturer or franchisor during a period in which such new motor vehicle dealer is being sold under a bona fide contract, shareholder agreement, or purchase option to the operator of the dealership; (3) The ownership, operation, or control of a new motor vehicle dealer by a manufacturer or franchisor at the same location at which such manufacturer or franchisor has been engaged in the retail sale of new motor vehicles as the owner, operator, or controller of such dealership for a continuous two-year period of time immediately prior to April 1, 1999, where there is no prospective new motor vehicle dealer available to own or operate the dealership in a manner consistent with the public interest; (4) The ownership, operation, or control by a manufacturer which manufactures only motorcycles or motor homes of a retail sales operation engaged in the retail sale of motorcycles or motor homes; (5) The ownership, operation, or control by a manufacturer which is selling motor vehicles directly to the public at an established place of business on January 1, 1999, and which has never sold its line make of new motor vehicles in Georgia this state through a franchised new motor vehicle dealer unless and until such manufacturer is wholly or partially acquired by another manufacturer or franchisor; (6) The ownership, operation, or control by a manufacturer which manufactures trucks with a gross vehicle weight rating of 12,500 pounds or more of a new motor vehicle dealer which only sells trucks with a gross vehicle weight rating of 12,500 pounds or more at the same location at which such manufacturer has been engaged in the retail sale of such trucks as the owner, operator, or controller of such dealership for a continuous two-year period of time immediately prior to April 1, 1999, or at one additional location which is not located within the relevant market area of an existing dealer of the same line make of trucks; provided, however, this exemption shall apply to a manufacturer described in this paragraph only until such manufacturer is wholly or partially acquired by another manufacturer or distributor; or (7) A manufacturer from selling new motor vehicles to customers if such vehicles are manufactured or assembled in accordance with custom design specifications of the customer and such sales are limited to no more than 150 vehicles per year; or (8) The ownership, operation, or control by a manufacturer of not more than five locations licensed as new motor vehicle dealerships for the sale of new motor vehicles and any number of locations that engage exclusively in the repair of such manufacturer's line make of motor vehicles, provided that such manufacturer was selling or otherwise distributing its motor vehicles at an established place of business in this state as of January 1, 2015, and:
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(A) The manufacturer manufactures or assembles zero emissions motor vehicles exclusively and has never sold its line make of motor vehicles in this state through a franchised new motor vehicle dealer; and (B) The manufacturer has not acquired a controlling interest in a franchisor or a subsidiary or other entity controlled by such franchisor, or sold or transferred a controlling interest in such manufacturer to a franchisor or subsidiary or other entity controlled by such franchisor. (b) It shall be unlawful for a manufacturer or franchisor or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor to compete unfairly with a new motor vehicle dealer of the same line make, operating under a franchise, in the State of Georgia, and, except as otherwise provided in this subsection, the mere ownership, operation, or control of a new motor vehicle dealer by a manufacturer or franchisor under the conditions set forth in paragraphs (1) through (7)(8) of subsection (a) of this Code section shall not constitute a violation of this subsection. For purposes of this Code section, a manufacturer or franchisor or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor shall be conclusively presumed to be competing unfairly if it gives any preferential treatment to a dealer or dealership of which any interest is directly or indirectly owned, operated, or controlled by such manufacturer or franchisor or any partner, affiliate, wholly or partially owned subsidiary, officer, or representative of such manufacturer or franchisor, expressly including, but not limited to, preferential treatment regarding the direct or indirect cost of vehicles or parts, the availability or allocation of vehicles or parts, the availability or allocation of special or program vehicles, the provision of service and service support, the availability of or participation in special programs, the administration of warranty policy, the availability and use of after warranty adjustments, advertising, floor planning, financing or financing programs, or factory rebates."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood
Ballinger Y Barr Y Battles
Y Coomer Y Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R
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Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly E Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns N Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon Y Gravley N Greene Y Hamilton
Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall N McClain
Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 3. By Representative Fleming of the 121st:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs, so as to provide sanctions for persons that enter into or solicit a transaction with a student-athlete that would result in sanctions to the student-athlete; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
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To amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs, so as to prohibit persons from entering into or soliciting a transaction with a student-athlete that would result in sanctions to the student-athlete; to provide for a right of action by a postsecondary institution; 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 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs, is amended by revising Code Section 20-2-317, relating to inappropriate means of encouraging and rewarding student-athletes, as follows:
"20-2-317. (a) As used in this Code section, the term:
(1) 'Immediate family' shall mean means a student-athlete's spouse, child, parent, stepparent, grandparent, grandchild, brother, sister, mother-in-law, father-in-law, sister-in-law, brother-in-law, nephew, niece, aunt, uncle, and first cousin, and the spouses and guardians of any such individuals. (2) 'Person' shall mean means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, firm, or any other legal or commercial entity. (3) 'Student-athlete' shall mean means a student at any public or private institution of postsecondary education in this state or a student residing in this state who has applied, is eligible to apply, or may be eligible to apply in the future to a public or private institution of postsecondary education who engages in, is eligible to engage in, or may be eligible to engage in any intercollegiate sporting event, contest, exhibition, or program. (4) 'Transaction' means any action or set of actions occurring between two or more persons for the sale or exchange of any property or services. (b) Except as provided in subsection (c) of this Code section, no person shall give, offer, promise, or attempt to give any money or other thing of value to a student-athlete or member of a student-athlete's immediate family: (1) To induce, encourage, or reward the student-athlete's application, enrollment, or attendance at a public or private institution of postsecondary education in order to have the student-athlete participate in intercollegiate sporting events, contests, exhibitions, or programs at that institution; or (2) To induce, encourage, or reward the student-athlete's participation in an intercollegiate sporting event, contest, exhibition, or program. (b.1) No person shall enter into or solicit directly or through an agent a transaction with a student-athlete if such person has knowledge that the transaction would likely be cause for the student-athlete to permanently or temporarily lose athletic scholarship
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eligibility, the ability to participate on an intercollegiate athletic team, or the ability to participate in one or more intercollegiate sporting competitions as sanctioned by a national association for the promotion and regulation of intercollegiate athletics, by an athletic conference or other sanctioning body, or by the institution of postsecondary education itself as a reasonable self-imposed disciplinary action taken by such institution to mitigate sanctions likely to be imposed by such organizations as a result of such transaction or as a violation of such institution's own rules. (c) This Code section shall not apply to:
(1) Any public or private institution of postsecondary education or to any officer or employee of such institution when the institution or officer or employee of such institution is acting in accordance with an official written policy of such institution which is in compliance with the bylaws of the National Collegiate Athletic Association; (2) Any intercollegiate athletic awards approved or administered by the studentathlete's institution; (3) Grants-in-aid or other full or partial scholarships awarded to a student-athlete or administered by an institution of postsecondary education; (4) Members of the student-athlete's immediate family; and (5) Money or things of value given by a person to a student-athlete or the immediate family of a student-athlete that do not exceed $250.00 in value in the aggregate on an annual basis. (d) Any person that violates the provisions of subsection (b) or (b.1) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature. (e) Each public and private high school in this state shall advise in writing at the beginning of each sports season each student who participates in any athletic program sponsored by the school of the provisions of this Code section and shall provide each student with information concerning the effect of receiving money or other things of value on the student's future eligibility to participate in intercollegiate athletics. The provisions of this subsection shall not apply to intermural athletic programs at such schools."
SECTION 2. Said part is further amended by revising subsection (b) of Code Section 20-2-318, relating to intercollegiate athletics and remedies for improper activities, as follows:
"(b) Each public and private institution of postsecondary education located in this state that participates or engages in intercollegiate athletics shall have a right of action against any person who engages in any activity concerning student-athletes that results in:
(1) The the institution being penalized, disqualified, or suspended from participation in intercollegiate athletics by a national association for the promotion and regulation of intercollegiate athletics, by an athletic conference or other sanctioning body, or by reasonable self-imposed disciplinary action taken by such institution to mitigate sanctions likely to be imposed by such organizations as a result of such activity; or
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(2) The student-athlete permanently or temporarily losing athletic scholarship eligibility, the ability to participate on an intercollegiate athletic team, or the ability to participate in one or more intercollegiate sporting competitions as sanctioned by a national association for the promotion and regulation of intercollegiate athletics, by an athletic conference or other sanctioning body, or by the institution itself as a reasonable self-imposed disciplinary action taken by such institution to mitigate sanctions likely to be imposed by such organizations as a result of engaging in such activity or as a violation of such institution's own rules. The institution shall be entitled to recover all damages which are directly related to or which flow from and are reasonably related to such improper activity and to such penalties, disqualifications, and suspensions. Damages shall include, but not be limited to, loss of scholarships, loss of television revenue, loss of bowl revenue, and legal and other fees associated with the investigation of the activity and the representation of the institution before the sanctioning organizations in connection with the investigation and resolution of such activity. If the institution is the prevailing party in its cause of action, it shall be entitled to an award of court costs, costs of litigation, and reasonable attorney's fees. The institution may also request and the court may enter an injunction against any person found liable from having any further contact with the institution, its student-athletes, and student-athletes who have expressed or might express an interest in attending the institution and from attending athletic contests, exhibitions, games, or other such events in which one or more of the institution's student-athletes is participating. The right of action and remedies under this Code section are in addition to all other rights of action which may be available to the institution."
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 N Allison Y Anderson Y Atwood Y Ballinger N Barr Y Battles
Y Coomer N Cooper Y Corbett Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal
Y Smith, E Y Smith, L N Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R
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Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley N Benton Y Beskin Y Beverly E Broadrick N Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M N Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas E Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Dickson Y Dollar Y Douglas N Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger E Glanton E Golick Y Gordon N Gravley Y Greene
Hamilton
Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd N Kirby Y Knight Y LaRiccia
Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo N McCall Y McClain
N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold N Powell, A Y Powell, J Y Prince Y Pruett N Quick N Raffensperger Y Rakestraw E Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Stephenson Y Stovall N Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D N Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 145, nays 27.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, the following Bill of the House, having been previously postponed, was again postponed until the next legislative day:
HB 16. By Representative Prince of the 127th:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain programs and activities under the "Quality Basic Education Act," so as to provide that no high school which receives funding under Article 6 of Chapter 2 of Title 20, the "Quality Basic Education Act," shall participate in or sponsor interscholastic sports events conducted by any athletic association unless the association allows students enrolled in magnet schools to tryout for and participate on athletic teams of their resident school under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
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The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 36. By Senators Ligon, Jr. of the 3rd, Williams of the 19th, Watson of the 1st, Sims of the 12th and Jackson of the 2nd:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to wells and drinking water, so as to prohibit the injection of ground water into the Floridan aquifer in certain counties; to provide for a short title; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 82. By Senators Wilkinson of the 50th, Ginn of the 47th, Gooch of the 51st, Williams of the 19th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 40-2-152 of the Official Code of Georgia Annotated, relating to fees and alternative ad valorem taxation of apportionable vehicles, so as to revise and change certain provisions regarding the distribution of alternative ad valorem tax proceeds; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 109. By Senators Orrock of the 36th and Unterman of the 45th:
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 clarify the use and effectiveness of Physician Orders for LifeSustaining Treatment forms; to provide alternate terminology for do not resuscitate orders; to amend other Code sections of the Official Code of Georgia Annotated for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 141. By Senators Jones of the 10th, McKoon of the 29th, Seay of the 34th, Butler of the 55th, Sims of the 12th and others:
A BILL to be entitled an Act to amend Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions for juvenile proceedings under the Juvenile Code, so as to provide that minor violations of weapons in
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school safety zones are not considered Class B designated felonies; to restore certain provisions to their prior form due to the conflict between the enactment of 2014 House Bill 60 and House Bill 826; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 143. By Senators Hufstetler of the 52nd, Seay of the 34th, Albers of the 56th, Stone of the 23rd, Watson of the 1st and others:
A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to require an insurer providing services under the state health benefit plan to include certain trauma centers in its provider network; to provide for a mechanism to resolve disputes between insurers and certain hospitals; to provide for legislative intent; to provide for definitions; to provide for an appeal to the Commissioner of Insurance; to provide for appointment of an arbitration panel; to provide for the panel membership and duties; to provide for subject matter of disputes; to provide for binding decisions; to provide for appeal of the arbitration panel decision and venue; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 169. By Senators Gooch of the 51st, Williams of the 19th, Beach of the 21st, Mullis of the 53rd, Miller of the 49th and others:
A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to revise what constitutes part of the state highway system; to provide for the appropriation of funds to the Department of Transportation; to provide for notice in the disposition of property; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for submission of electronic accident reports by law enforcement agencies; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 176. By Senators James of the 35th, Orrock of the 36th and Parent of the 42nd:
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 regarding elementary and secondary education, so as to require that youth athletes participating in gridiron football shall be equipped with and wear a helmet which has at least a four star rating on the Virginia Tech Helmet Ratings scale at the time of its use; to provide for an exception; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
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The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 516. By Representatives Hitchens of the 161st and Burns of the 159th:
A BILL to be entitled an Act to amend an Act to reconstitute the board of education for the Effingham County School District, approved March 26, 1987 (Ga. L. 1987, p. 4596), as amended, so as to change the compensation for members of the board; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 518. By Representatives Corbett of the 174th, Spencer of the 180th and Shaw of the 176th:
A BILL to be entitled an Act to amend an Act creating the Satilla Regional Water and Sewer Authority, previously known as the Ware County Water and Sewer Authority, approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, so as to revise the manner of selection of the members of the authority; to repeal provisions regarding receipts for payments, late fees, service disconnection, and service reconnection; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 526. By Representative Buckner of the 137th:
A BILL to be entitled an Act to reincorporate the City of Talbotton in Talbot County; to provide for a new charter for the City of Talbotton; to provide for severability; to repeal a specific law; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 528. By Representative Tarvin of the 2nd:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Chickamauga in Walker County, Georgia, approved April 10, 2014 (Ga. L. 2014, p. 4218), so as to revise the duties and responsibilities of the city manager and the chief of police; 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 1:00 o'clock, P.M., Wednesday, March 18, 2015, 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., Wednesday, March 18, 2015.
WEDNESDAY, MARCH 18, 2015
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Representative Hall, Atlanta, Georgia
Wednesday, March 18, 2015
Thirty-First 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 Beasley-Teague Bell Belton Bennett Bentley Benton Beskin Beverly Broadrick Brockway Brooks Bryant Buckner Burns Caldwell, J E Caldwell, M Cantrell Carson Carter Casas Chandler Cheokas Clark, D Clark, H Clark, V Coleman
E Cooke Coomer Cooper Corbett
E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey
E Dickson Dollar Douglas Drenner Dudgeon Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Floyd Fludd Frazier Frye Gardner Gasaway Glanton Golick Gordon Gravley Greene
Hamilton Harbin Harden E Harrell Hatchett Hawkins Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, L Jones, S Jordan Kaiser Kelley Kendrick Kidd Knight LaRiccia Lumsden Mabra Marin Martin Maxwell McCall E McClain
Meadows Mitchell Morris Nimmer Nix O'Neal Pak Parrish Parsons Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sims
Smith, E Smith, L E Smith, M Smith, R Spencer Stephens, M Stephens, R Stovall Stover Strickland E Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Trammell Turner Waites Watson Welch Weldon Werkheiser 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 Bruce of the 61st, Dukes of the 154th, Geisinger of the 48th, Jacobs of the 80th, Kirby of the 114th, Mayo of the 84th, Oliver of the 82nd, Smyre of the 135th, and Thomas of the 39th.
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They wished to be recorded as present.
Prayer was offered by Dr. Kenneth Walker, Senior Pastor, Greater Elizabeth Bible Church, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 610. By Representative Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to change certain provisions relating to the payment of interest on proceeds or payments under policies of life insurance; to define a term; to provide for applying the payment of interest to a group policy of life insurance; to change the computation to the date of receipt of certain documents; to provide for related matters; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Insurance.
HB 611. By Representatives Gardner of the 57th, Oliver of the 82nd and Thomas of the 56th:
A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to require a landlord to disclose evidence of mold to a tenant; to provide for legislative findings; to provide for definitions; to provide for remediation; to provide for temporary relocation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 612. By Representatives Henson of the 86th and Drenner of the 85th:
A BILL to be entitled an Act to incorporate the City of Winship in DeKalb County; to provide for a charter for the City of Winship; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates and transitional provisions governing the transfer of various functions and responsibilities from DeKalb County to the City of Winship; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 613. By Representatives Stephenson of the 90th, Bennett of the 94th, Kendrick of the 93rd, Anderson of the 92nd, Williams of the 87th and others:
A BILL to be entitled an Act to provide for the incorporation of the City of Greenhaven in DeKalb County, 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.
HB 614. By Representatives Stovall of the 74th, Brockway of the 102nd, Scott of the 76th, Benton of the 31st and Kaiser of the 59th:
A BILL to be entitled an Act to amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," so as to provide for a pilot program for the placement of video monitoring cameras in classrooms providing special education services; to provide for program requirements; to
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provide for a program evaluation; to provide for funding; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 615. 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.
HB 616. By Representative Waites of the 60th:
A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to provide that a summons shall be served within ten days; to provide for a default judgment; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 617. By Representatives Carson of the 46th, Parsons of the 44th, Dollar of the 45th, Wilkerson of the 38th, Evans of the 42nd 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 April 10, 2014 (Ga. L. 2014, p. 4267), an Act approved May 12, 2008 (Ga. L. 2008, p. 3723), and an Act approved May 30, 2003 (Ga. L. 2003, p. 3695), so as to raise the compensation of the chief deputy clerk and the clerk of the State Court of Cobb County; to raise the minimum and maximum allowable compensation for the chief assistant, each deputy chief assistant, each assistant, and each intake assistant solicitor of Cobb County; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
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HR 5. By Representative Waites of the 60th:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for casino poker room gambling within each county and each municipal corporation which has established an entertainment district where such activities have been approved by referendum; to provide for the levy and collection of state and local taxes, fees, or assessments regarding the proceeds from such casino poker room gambling; 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 650. By Representative Gasaway of the 28th:
A RESOLUTION honoring the life of Mr. Richard John Chambers, Sr., and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 651. By Representatives Frazier of the 126th, Jackson of the 128th, Howard of the 124th, Bruce of the 61st, Williams of the 168th and others:
A RESOLUTION recognizing Mr. Samuel L. Cummings and dedicating a road in his honor; and for other purposes.
Referred to the Committee on Transportation.
HR 652. By Representative Waites of the 60th:
A RESOLUTION commending Millie Jackson for her accomplishments as an entertainer; and for other purposes.
Referred to the Committee on Economic Development & Tourism.
HR 653. By Representatives Jackson of the 128th, Harbin of the 122nd, Smyre of the 135th, Roberts of the 155th, Hatchett of the 150th and others:
A RESOLUTION recognizing Mr. Jimmy B. Lord and dedicating a road in his honor; and for other purposes.
Referred to the Committee on Transportation.
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HR 654. By Representatives Kelley of the 16th, Allison of the 8th, Raffensperger of the 50th, Caldwell of the 20th, Petrea of the 166th and others:
A RESOLUTION encouraging the United States Congress to repeal a tax on health insurance; and for other purposes.
Referred to the Committee on Insurance.
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 688. By Representatives Anderson of the 92nd, Yates of the 73rd, Beasley-Teague of the 65th, Smith of the 125th, Prince of the 127th and others:
A RESOLUTION recognizing United States disabled veterans and dedicating a highway in their honor; and for other purposes.
Referred to the Committee on Transportation.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 589 HB 591 HB 593 HB 597 HB 599 HB 601 HB 603 HB 605 HB 607 HB 609 HR 620 HR 641 SB 35 SB 64 SB 99 SB 116 SB 148 SB 171 SB 183 SB 195
HB 590 HB 592 HB 594 HB 598 HB 600 HB 602 HB 604 HB 606 HB 608 HR 619 HR 640 HR 642 SB 59 SB 76 SB 111 SB 128 SB 164 SB 172 SB 184 SB 197
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SR 80 SR 266
SR 155 SR 267
Representative Tankersley of the 160th 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 424 HB 570 HB 573 HB 575 HB 577 HB 582 HB 584 SB 182
Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass, by Substitute Do Pass
HB 559 HB 571 HB 574 HB 576 HB 580 HB 583 HB 595
Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass, by Substitute Do Pass
Respectfully submitted, /s/ Tankersley of the 160th
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 430 HB 534 HB 578
Do Pass, by Substitute Do Pass Do Pass, by Substitute
Respectfully submitted, /s/ Golick of the 40th
Chairman
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The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, MARCH 18, 2015
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 31st Legislative Day as enumerated below:
DEBATE CALENDAR
Open Rule
HR 106 HR 303
United States Congress; convey title and jurisdiction of Federal Public Lands to the States; encourage (IntC-Brockway-102nd) State Board of Education; develop and implement comprehensive civics education curricula; urge (Ed-Buckner-137th)
Modified Open Rule
None
Modified Structured Rule
HR 397 SB 93
United States Congress; support equity and sales tax fairness; encourage (W&M-O`Neal-146th) Seminole County; office of probate judge; nonpartisan elections (IGCDukes-154th) Burke-11th
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:
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HB 424. By Representative Tarvin of the 2nd:
A BILL to be entitled an Act to authorize the governing authority of the City of LaFayette 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 559. By Representatives Fleming of the 121st and Jackson of the 128th:
A BILL to be entitled an Act to amend an Act to create a board of elections and registration for McDuffie County, approved March 22, 1990 (Ga. L. 1990, p. 4410), so as to increase the membership of the board; to provide for the manner of appointment and 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 570. By Representatives Jones of the 47th and Cantrell 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 7, 2013 (Ga. L. 2013, p. 4401), so as to change the description of the election districts; 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 571. By Representatives Willard of the 51st, Wilkinson of the 52nd, Jacobs of the 80th and Dollar of the 45th:
A BILL to be entitled an Act to authorize the governing authority of the City of Sandy Springs 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 provide for a conditional effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 573. By Representative Epps of the 144th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, so as to change the provisions regarding the compensation and expenses 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 574. By Representative Epps of the 144th:
A BILL to be entitled an Act to amend an Act providing an annual salary for the Sheriff of Twiggs County in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2546), as amended, particularly by an Act approved March 31, 1992 (Ga. L. 1992, p. 5140), so as to change the manner of fixing the compensation of employees of the sheriff's 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 575. By Representatives Beverly of the 143rd, Epps of the 144th, Dickey of the 140th, Randall of the 142nd and Peake of the 141st:
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), as amended, 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 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 Representatives LaRiccia of the 169th and Roberts of the 155th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee," approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, particularly by
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an Act approved April 6, 1992 (Ga. L. 1992, p. 5320), so as to provide for four-year terms for the mayor and members of the city council; to provide for elections; to 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 Representatives Dickerson of the 113th, Anderson of the 92nd, Stephenson of the 90th, Dawkins-Haigler of the 91st, Rutledge of the 109th and others:
A BILL to be entitled an Act to authorize Rockdale County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide for 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 580. By Representatives Smyre of the 135th, Smith of the 134th, Buckner of the 137th, Hugley of the 136th and Pezold of the 133rd:
A BILL to be entitled an Act to amend an Act authorizing the Recorder's Court of Columbus, Georgia, to impose and collect a technology fee for each fine imposed, approved May 7, 2013 (Ga. L. 2013, p. 4414), so as to increase the amount of such fee; to repeal an automatic repeal of such 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 582. By Representatives Smith of the 70th, Stover of the 71st, Ramsey of the 72nd and Trammell of the 132nd:
A BILL to be entitled an Act to amend an Act creating the Coweta County Water and Sewerage Authority, approved March 20, 2001 (Ga. L. 2001, p. 3539), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3668), so as to change the terms of members of the authority; to change the quorum; to repeal conflicting laws; and for other purposes.
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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 583. By Representatives Carson of the 46th, Reeves of the 34th, Setzler of the 35th, Jones of the 53rd, 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 following Committee substitute was read and adopted:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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. 2007, p. 3725), is amended by revising Section 3 as follows:
"SECTION 3. (a) The tax commissioner shall receive a minimum annual salary as provided by Code Section 48-5-183 of the O.C.G.A. plus a supplement in the amount of $9,952.26, to be paid in equal monthly installments from county funds. The tax commissioner shall be allowed one chief clerk whose annual salary shall be paid in equal monthly installments from the funds of the county treasury. The annual salary for the chief clerk shall be $106,497.61. Any candidate for the office of tax commissioner of Cobb County shall, on the date of qualifying for such office in either a primary or a general election, certify to the judge of the Probate Court of Cobb County the name of the person the candidate shall appoint as chief clerk in the event he or she is elected to the office of tax commissioner of Cobb County; and the person so named shall serve as the chief clerk
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during the term for which he or she was so named. In the event of the death or removal from office of said chief clerk, the tax commissioner of Cobb County shall have 30 days from said date of death or removal from office of said chief clerk to certify to the judge of the Probate Court of Cobb County the name of the chief clerk to be appointed. (b) In addition to those employees provided for in subsection (a) of this section, there is created the position of executive secretary to the tax commissioner. The executive secretary shall be appointed by the tax commissioner, shall be under the tax commissioner's direct supervision and control, and shall serve at the pleasure of the tax commissioner. The tax commissioner shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of executive secretary. The salary of the executive secretary shall be $58,591.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. (c) In addition to those employees provided for in subsections (a) and (b) of this section, there is created the position of administrative specialist in the office of the tax commissioner. The administrative specialist shall be appointed by the tax commissioner, shall be under the tax commissioner's direct supervision and control, and shall serve at the pleasure of the tax commissioner. The tax commissioner shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of administrative specialist. The salary of the administrative specialist shall be $58,522.38 per annum, to be paid in equal monthly installments from the funds of Cobb County."
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.
HB 584. By Representatives Carson of the 46th, Reeves of the 34th, Setzler of the 35th, Jones of the 53rd, Evans of the 42nd and others:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3691), so as to change the provisions relating to the compensation of the chairperson and the other commissioners of the board; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
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To amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3691), so as to change the provisions relating to the compensation of the chairperson and the other commissioners of the board; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3691), is amended by revising subsection (a) of Section 8 as follows:
"(a) Commissioners, other than the chairperson, shall be eligible to be paid as their entire compensation for services as commissioners the sum of $43,860.06 per annum, payable monthly, to be paid out of the county treasury upon warrants drawn upon the county treasury. The chairperson shall be eligible to be paid as his or her entire compensation the sum of $133,773.77 per annum, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. In recognition of the additional demands placed on the time of the chairperson and the additional duties and responsibilities of that position, the chairperson shall be compensated on a full-time employment basis; provided, however, that the chairperson shall be allowed to devote no more than 15 hours per week to a business or employment interest unrelated to the business of the board of commissioners. Except as provided otherwise in this section, the salary so fixed shall constitute the entire compensation from all sources to which such chairperson or any commissioner shall be entitled. The chairperson and the commissioners may be reimbursed for reasonable expenses incurred in carrying out their duties. Such expenses shall include the following:
(1) Mileage reimbursement for the use of a private automobile while conducting county business; (2) Secretarial services, if required, over and above the services normally provided by the county; and (3) Travel and lodging expenses and fees incurred in conjunction with training seminars, conventions, or official county business conducted outside of Cobb County."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
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HB 595. By Representatives Jones of the 47th, Geisinger of the 48th, Wilkinson of the 52nd, Golick of the 40th, Beskin of the 54th and others:
A BILL to be entitled an Act to amend an Act providing for the establishment of a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4347), so as to specify a name for the county-wide library system; to change membership, the number of members, and the selection of members of the library board of trustees; to provide for vacancies; to provide for the selection of the executive director of the library system and to whom the executive director shall report; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 182. By Senators Jeffares of the 17th and Ramsey, Sr. of the 43rd:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Newton County and in each municipality therein; to provide for a short title; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following roll call vote was made applicable to the previously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey E Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon
Y Harbin Y Harden E Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley
Y Meadows Y Mitchell Y Morris
Mosby Y Nimmer
Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea
Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Stovall Y Stover Y Strickland Y Tankersley
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Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks
Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J E Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall E McClain
Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sims
Y Tanner Y Tarvin Y Taylor, D Y Taylor, T
Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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 162, 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 36.
By Senators Ligon, Jr. of the 3rd, Williams of the 19th, Watson of the 1st, Sims of the 12th and Jackson of the 2nd:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to wells and drinking water, so as to prohibit the injection of ground water into the Floridan aquifer in certain counties; to provide for a short title; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
SB 63.
By Senators Hill of the 6th, Gooch of the 51st, Albers of the 56th, Bethel of the 54th, Ginn of the 47th and others:
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 provide for
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manufacturers of malt beverages to make limited retail sales of malt beverages under certain circumstances; to change the definition of a "brewpub"; to provide for licensed brewpubs to sell malt beverages manufactured on its premises to the public for off-premises consumption; to define the term "tasting room"; to provide for legislative intent; to create a limited exception to the three-tier distribution system so as to allow licensed malt beverage manufacturers to sell limited amounts of malt beverages directly to the public for on-premises and off-premises consumption; 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.
SB 82.
By Senators Wilkinson of the 50th, Ginn of the 47th, Gooch of the 51st, Williams of the 19th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 40-2-152 of the Official Code of Georgia Annotated, relating to fees and alternative ad valorem taxation of apportionable vehicles, so as to revise and change certain provisions regarding the distribution of alternative ad valorem tax proceeds; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
SB 109. By Senators Orrock of the 36th and Unterman of the 45th:
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 clarify the use and effectiveness of Physician Orders for Life-Sustaining Treatment forms; to provide alternate terminology for do not resuscitate orders; to amend other Code sections of the Official Code of Georgia Annotated for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
SB 122. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to the procedure for implementing a special purpose local option sales tax, so as to provide for an additional
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purpose for use of the proceeds of the tax; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
SB 126. By Senators Hufstetler of the 52nd and Orrock of the 36th:
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; to amend Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Public Health; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician assistants, and others, so as to provide for emergency public access stations to allow a lay rescuer to consult with a medical professional to administer or make available auto-injectable epinephrine under certain circumstances; to provide for immunity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
SB 127. By Senators Jeffares of the 17th, Harbison of the 15th, Harper of the 7th, Williams of the 19th, Stone of the 23rd and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; to provide for exceptions; to provide for refunds of certain civil penalties and fees; to provide for legislative findings; 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.
SB 130. By Senators Thompson of the 14th, Unterman of the 45th, Stone of the 23rd, Henson of the 41st, Seay of the 34th 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 the uniform rules of the road, so as to provide that any person in control of a motor vehicle who smokes or permits another occupant to smoke when a person under the age of 15 is in the vehicle shall be guilty of a misdemeanor; to provide for secondary enforcement; to define a certain term;
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to provide a penalty; to provide a short title; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 138. By Senators Miller of the 49th, Dugan of the 30th, Hill of the 32nd, Kennedy of the 18th, Jackson of the 24th and others:
A BILL to be entitled an Act to amend Title 49 of the Official Code of Georgia Annotated, relating to social service; to repeal a provision relating to the Council for Welfare Administration; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
SB 141. By Senators Jones of the 10th, McKoon of the 29th, Seay of the 34th, Butler of the 55th, Sims of the 12th and others:
A BILL to be entitled an Act to amend Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions for juvenile proceedings under the Juvenile Code, so as to provide that minor violations of weapons in school safety zones are not considered Class B designated felonies; to restore certain provisions to their prior form due to the conflict between the enactment of 2014 House Bill 60 and House Bill 826; 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 Public Safety & Homeland Security.
SB 143. By Senators Hufstetler of the 52nd, Seay of the 34th, Albers of the 56th, Stone of the 23rd, Watson of the 1st and others:
A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to require an insurer providing services under the state health benefit plan to include certain trauma centers in its provider network; to provide for a mechanism to resolve disputes between insurers and certain hospitals; to provide for legislative intent; to provide for definitions; to provide for an appeal to the Commissioner of Insurance; to provide for appointment of an arbitration panel; to provide for the panel membership and duties; to provide for subject matter of disputes; to provide for binding decisions; to provide for appeal of the arbitration panel decision and venue; to provide for related matters; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Insurance.
SB 145. By Senator McKoon of the 29th:
A BILL to be entitled an Act to amend Code Section 31-2-3 of the Official Code of Georgia Annotated, relating to the Board of Community Health, so as to provide that at least one member of the board is also a member of the state health benefit plan; to provide that current members carry out their respective terms; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
SB 154. By Senators Stone of the 23rd, Watson of the 1st, Harper of the 7th, Jones II of the 22nd and Rhett of the 33rd:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 and Code Section 17-5-21 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses and grounds for issuance of search warrant and scope of search pursuant to a search warrant, respectively, so as to provide for law enforcement officials to record matters occurring in private places or during the execution of a search warrant; to revise a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 160. By Senators Williams of the 27th, Cowsert of the 46th, Harper of the 7th, Mullis of the 53rd, Jones of the 25th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts regarding alcoholic beverages, so as to revise penalties for a violation of Code Section 3-3-23; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 169. By Senators Gooch of the 51st, Williams of the 19th, Beach of the 21st, Mullis of the 53rd, Miller of the 49th and others:
A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to revise
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what constitutes part of the state highway system; to provide for the appropriation of funds to the Department of Transportation; to provide for notice in the disposition of property; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for submission of electronic accident reports by law enforcement agencies; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
SB 176. By Senators James of the 35th, Orrock of the 36th and Parent of the 42nd:
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 regarding elementary and secondary education, so as to require that youth athletes participating in gridiron football shall be equipped with and wear a helmet which has at least a four star rating on the Virginia Tech Helmet Ratings scale at the time of its use; to provide for an exception; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 185. By Senators Tippins of the 37th, Unterman of the 45th, Millar of the 40th, Thompson of the 14th, Miller of the 49th and others:
A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a program of clinical trials of cannabidiol or cannabidiol-containing products for use in treating certain residents of this state under 18 years of age who have medication-resistant epilepsies; to provide for immunity from criminal prosecution; to provide for related matters; to provide effective dates; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 190. By Senators Miller of the 49th, Unterman of the 45th, Orrock of the 36th, Dugan of the 30th, Ligon, Jr. of the 3rd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to bona fide coin operated amusement machines, so as to provide for certain definitions; to provide for license fees and requirements for manufacturers and distributors; to provide
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for certain fees upon the transfer of a master license; to provide for an auction of certain licenses; to provide a procedure for dispute resolution; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
SB 191. By Senators Tippins of the 37th, Jeffares of the 17th, Gooch of the 51st, McKoon of the 29th, Thompson of the 5th and others:
A BILL to be entitled an Act to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near utility facilities, so as to prohibit local governing authorities from adopting or enforcing ordinances which mandate marking requirements or standards which are different from those contained in state law or the rules and regulations of certain departments of this state; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
SB 194. By Senators Jeffares of the 17th, Millar of the 40th, Watson of the 1st, Burke of the 11th, Mullis of the 53rd 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 provide that certain provisions of law regarding pharmacists and pharmacies shall not apply to a facility engaged solely in the distribution of dialysate, drugs, or devices necessary to perform home kidney dialysis to patients with end stage renal disease, provided that certain criteria are met; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
SB 203. By Senator Hill of the 6th:
A BILL to be entitled an Act to amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as create the Georgia World War I Centennial Commission; to provide for the membership, powers and duties, expense reimbursement, and operations of the commission; to provide for administrative assignment of the commission to the office of the Secretary of State and legal services by the Attorney General; to provide for the purpose of the commission; to authorize the solicitation, receipt, and expenditure of appropriations and donations; to
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provide for reports; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
SR 26. By Senator Ligon, Jr. of the 3rd:
A RESOLUTION creating the Joint House and Senate Coastal Greenway Study Committee; and for other purposes.
Referred to the Committee on Economic Development & Tourism.
SR 114. By Senators Hill of the 32nd, Shafer of the 48th, Cowsert of the 46th, Hill of the 6th, Harper of the 7th and others:
A RESOLUTION creating the Joint Entrepreneur in Residence Study Committee; and for other purposes.
Referred to the Committee on Small Business Development.
SR 126. By Senator Gooch of the 51st:
A RESOLUTION honoring the life of Mr. Bill T. Hardman and dedicating a road in his memory; and for other purposes.
Referred to the Committee on Transportation.
SR 282. By Senators Albers of the 56th and Mullis of the 53rd:
A RESOLUTION creating the Joint Peace Officer and Firefighter Occupational Disease Study Committee; and for other purposes.
Referred to the Committee on Industry and Labor.
SR 441. By Senator James of the 35th:
A RESOLUTION recognizing Ms. Gladys Maria Knight and dedicating a road in her honor; and for other purposes.
Referred to the Committee on Transportation.
Pursuant to HR 310, the House commended Mack Chandler and invited him to be recognized by the House of Representatives.
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Pursuant to HR 287, the House recognized and commended Mr. Jim Tudor on the grand occasion of his retirement and invited him to be recognized by the House of Representatives.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Ballinger of the 23rd, Peake of the 141st, Buckner of the 137th, Hugley of the 136th, Smith of the 70th, Bell of the 58th, Stovall of the 74th, Scott of the 76th, and Williamson of the 115th.
Under the general order of business, established by the Committee on Rules, the following Bill and Resolutions of the House and Senate were taken up for consideration and read the third time:
HR 397. By Representatives O`Neal of the 146th, Powell of the 171st, Abrams of the 89th, Harrell of the 106th and Meadows of the 5th:
A RESOLUTION encouraging the United States Congress to support equity and sales tax fairness; 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
Allison Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson E Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish
Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw
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
Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell
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Y Buckner Y Burns Y Caldwell, J
Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby E Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin E Maxwell Y Mayo Y McCall E McClain
Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
E Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 163, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 303. By Representative Buckner of the 137th:
A RESOLUTION urging the State Board of Education to develop and implement comprehensive civics education curricula to improve students' civic knowledge, skills, and attitudes; 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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson E Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M.
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Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J
Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner
Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby E Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin E Maxwell Y Mayo Y McCall E McClain
Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Thomas, E Y Trammell E Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 167, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 93. By Senator Burke of the 11th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Seminole County shall be nonpartisan elections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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 Y Bell N Belton Y Bennett
Bentley Y Benton Y Beskin N Beverly Y Broadrick
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes
Dunahoo Y Duncan Y Ealum
Y Harbin Y Harden N Harrell Y Hatchett N Hawkins Y Henson E Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson E Jacobs N Jasperse Y Jones, J
Y Meadows Y Mitchell N Morris
Mosby Y Nimmer N Nix Y Oliver Y O'Neal N Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince
Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson Y Stovall N Stover Y Strickland Y Tankersley N Tanner N Tarvin N Taylor, D Y Taylor, T
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Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M N Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas N Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Efstration N Ehrhart Y England Y Epps Y Evans
Fleming Floyd Y Fludd Y Frazier Y Frye Y Gardner Gasaway Y Geisinger Y Glanton Y Golick Y Gordon N Gravley Y Greene Y Hamilton
Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd N Kirby E Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin E Maxwell N Mayo Y McCall E McClain
Y Pruett Y Quick Y Raffensperger N Rakestraw Y Ramsey N Randall Y Reeves N Rhodes Y Rice Y Roberts N Rogers, C N Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sims
N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell E Turner Y Waites Y Watson Y Welch N Weldon Y Werkheiser 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 132, nays 31.
The Bill, having received the requisite constitutional majority, was passed.
HR 106. By Representatives Brockway of the 102nd, Barr of the 103rd, Allison of the 8th, Teasley of the 37th, Clark of the 98th and others:
A RESOLUTION encouraging Congress to Convey Title and Jurisdiction of Federal Public Lands to the States; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison N Anderson E Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell Y Belton N Bennett
Bentley Y Benton Y Beskin
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas
Drenner Y Dudgeon N Dukes Y Dunahoo
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Henson E Hightower Y Hitchens N Holcomb Y Holmes Y Houston N Howard N Hugley N Jackson E Jacobs
Y Meadows N Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A
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 Tankersley Y Tanner Y Tarvin
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N Beverly Y Broadrick Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans
Fleming N Floyd N Fludd N Frazier N Frye N Gardner Y Gasaway Y Geisinger N Glanton Y Golick N Gordon Y Gravley Y Greene Y Hamilton
Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby E Knight Y LaRiccia Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo Y McCall E McClain
Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sims
Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, E Y Trammell E Turner N Waites Y Watson Y Welch Y Weldon Y Werkheiser N Wilkerson Y Wilkinson N 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 114, nays 51.
The Resolution, having received the requisite constitutional majority, was adopted.
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 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/ McCall of the 33rd
Chairman
By unanimous consent, the following Bill of the House, having been previously postponed, was again postponed until the next legislative day:
HB 16. By Representative Prince of the 127th:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain
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programs and activities under the "Quality Basic Education Act," so as to provide that no high school which receives funding under Article 6 of Chapter 2 of Title 20, the "Quality Basic Education Act," shall participate in or sponsor interscholastic sports events conducted by any athletic association unless the association allows students enrolled in magnet schools to tryout for and participate on athletic teams of their resident school under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 689. By Representatives Setzler of the 35th and Reeves of the 34th:
A RESOLUTION commending the North Cobb High School Lady Warrior volleyball team for winning the 2014 Class 6A GHSA State Championship and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 690. By Representatives McClain of the 100th, Ralston of the 7th, Rogers of the 10th, Abrams of the 89th, Smyre of the 135th and others:
A RESOLUTION honoring Thomas Henry Nobis, Jr., the first player drafted during the inaugural season for the Atlanta Falcons in 1966, and inviting him to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations:
HR 655 Do Pass HR 657 Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 655. By Representative Jones of the 53rd:
A RESOLUTION recognizing and commending the Mays High School Lady Raiders basketball team as the 2015 GHSA AAAAA Georgia State RunnerUp; and for other purposes.
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HR 657. By Representatives Jasperse of the 11th, Ralston of the 7th, Harden of the 148th, Parrish of the 158th, Stephens of the 164th and others:
A RESOLUTION recognizing Jack Dunn as the Willard B. Simmons National Community Pharmacists Association Independent Pharmacist of the Year and inviting him to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 691. By Representative Glanton of the 75th:
A RESOLUTION commending the American India Foundation for its vast philanthropic work in India; and for other purposes.
HR 692. By Representative Dudgeon of the 25th:
A RESOLUTION recognizing and commending Charles Trevor Toms; and for other purposes
HR 693. By Representative Rice of the 95th:
A RESOLUTION honoring Roger Michael Green; and for other purposes.
HR 694. By Representative Coleman of the 97th:
A RESOLUTION commending Marshall Boutwell and congratulating him upon being honored with the Moses C. Davis Lifetime Achievement Award; and for other purposes.
HR 695. By Representatives Coleman of the 97th, Clark of the 101st, Maxwell of the 17th, Cantrell of the 22nd, Beskin of the 54th and others:
A RESOLUTION recognizing October 5-9, 2015, as Georgia Pre-K Week; and for other purposes.
HR 696. By Representative Rice of the 95th:
A RESOLUTION recognizing March 30, 2015, as Georgia Myasthenia Gravis Day at the state capitol; and for other purposes.
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HR 697. By Representative Gravley of the 67th:
A RESOLUTION recognizing and commending James Levi Stanley; and for other purposes.
HR 698. By Representative Ralston of the 7th:
A RESOLUTION commending the House Interns for the 2015 Regular Session; and for other purposes.
HR 699. By Representatives Dukes of the 154th, Ealum of the 153rd, Williams of the 87th, Jackson of the 128th, Smyre of the 135th and others:
A RESOLUTION honoring the life and memory of Gladys Ward Sapp; and for other purposes.
HR 700. By Representatives Anderson of the 92nd, Mabra of the 63rd, BeasleyTeague of the 65th, Battles of the 15th, Jackson of the 128th and others:
A RESOLUTION recognizing and honoring Pastor Marlin D. Harris as the Clergy Day Speaker for the 14th Annual Faith and Clergy Day; and for other purposes.
HR 701.
By Representatives Anderson of the 92nd, Dawkins-Haigler of the 91st, Stephenson of the 90th, Rutledge of the 109th, Dickerson of the 113th and others:
A RESOLUTION commending Alexis Nation; and for other purposes.
HR 702. By Representatives Anderson of the 92nd, Mabra of the 63rd, BeasleyTeague of the 65th, Battles of the 15th, Jackson of the 128th and others:
A RESOLUTION recognizing and honoring Dr. Don Brawley III as the Clergy Day Speaker for the 14th Annual Faith and Clergy Day; and for other purposes.
HR 703. By Representatives Dunahoo of the 30th, Rogers of the 29th, Barr of the 103rd, Tanner of the 9th, Hawkins of the 27th and others:
A RESOLUTION recognizing and commending Dr. Linda Barrow on the occasion of her retirement; and for other purposes.
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HR 704. By Representatives Taylor of the 173rd, England of the 116th, McCall of the 33rd, Watson of the 172nd, Carter of the 175th and others:
A RESOLUTION commending Big Bend Agri-Services for its expansion into international markets; and for other purposes.
HR 705. By Representatives Taylor of the 173rd, Smyre of the 135th, Watson of the 172nd, Carter of the 175th and Williams of the 168th:
A RESOLUTION commending Lieutenant Henry Ossian Flipper and recognizing the Lieutenant Henry Ossian Flipper Historic Cemetery Fence Dedication; and for other purposes.
HR 706. By Representatives Carter of the 175th, Shaw of the 176th, Dempsey of the 13th, Corbett of the 174th, Roberts of the 155th and others:
A RESOLUTION recognizing and commending Ms. Terri Lupo on her outstanding public service; and for other purposes.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
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Representative Hall, Atlanta, Georgia
Thursday, March 19, 2015
Thirty-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 E Beasley-Teague Bell Belton Bennett Bentley Benton Beskin Broadrick Brockway Brooks Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter Chandler Cheokas Clark, D Clark, H Clark, V Coleman E Cooke Coomer Cooper
Corbett E Dawkins-Haigler
Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway Glanton Golick Gordon Gravley Greene Hamilton Harbin
Harden Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Howard Hugley Jackson E Jacobs Jasperse Jones, J Jones, J.B. E Jones, L Jones, S E Jordan Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lumsden Mabra Marin Martin Maxwell Mayo McCall E McClain
Mitchell Morris Nimmer Nix O'Neal Pak Parrish Parsons Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Roberts Rogers, C Rogers, T Rutledge Rynders Scott Sharper Shaw Sims Smith, E Smith, L
E Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R
E Stephenson Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Trammell Turner Waites Watson Welch Weldon Werkheiser Wilkerson
E 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, Bryant of the 162nd, Casas of the 107th, Geisinger of the 48th, Harrell of the 106th, Houston of the 170th, Meadows of the 5th, Mosby of the 83rd, Oliver of the 82nd, Rice of the 95th, and Thomas of the 39th.
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They wished to be recorded as present.
Prayer was offered by Dr. Edward Bolen, Senior Pastor, Milledge Avenue Baptist Church, Athens, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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, Suite 401 Atlanta, Georgia 30334
March 13, 2015
Subject: House Bill 230
Dear Clerk of the House,
With regard to House Bill 230 in the 2015 legislative session, I would like to formally register my vote of "Yea". I was in my seat on the floor of the House for the vote, but had inadvertently ejected my voting card from the card port, causing my "Yea" vote to not register electronically. It was only after the voting machines were locked that I realized that my vote had not been electronically counted. I would appreciate the office of the Clerk recording my "Yea" vote on this bill. Although imperfect, HB-230 establishes a Beyond a Reasonable Doubt standard of proof that must be demonstrated before a claim can be paid by the State of Georgia. It also provides a framework that fair recovery can be made via the Appropriations process for Georgians who have been wrongly imprisoned
I urge you to contact me at through my administrative assistant Rebecca Hammock in 401 Capitol at 404-656-7857 if you have any questions regarding this matter.
Very Respectfully,
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/s/ Ed Setzler Representative, District 35 Chairman, Science & Technology
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 618. By Representative Dukes of the 154th:
A BILL to be entitled an Act to provide for the compensation of the chairperson and members of the Seminole County Board of Education; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 619. By Representative Epps of the 144th:
A BILL to be entitled an Act to create the Cochran/Bleckley Airport Authority; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 620. By Representative Harden of the 148th:
A BILL to be entitled an Act to provide that future elections for the office of judge of the Probate Court of Crisp County shall be nonpartisan elections; to
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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 621. By Representative Harden of the 148th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of Crisp County shall be nonpartisan elections; 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 622. By Representative Waites of the 60th:
A BILL to be entitled an Act to amend Article 9 of Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to the "Georgia Rail Passenger Authority Law," so as to revise the short title; to revise the legislative purpose; to revise a definition; to revise certain general powers of the authority; to revise the statement of public purpose of the authority; to amend the Official Code of Georgia Annotated to change references to the short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 623. By Representatives Epps of the 144th, 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 known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, so as to revise the powers of the authority; to provide for the ability to operate a storm water utility; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 624. By Representative Lumsden of the 12th:
A BILL to be entitled an Act to amend Chapter 37 of Title 33 of the Official Code of Georgia Annotated, relating to insurers rehabilitation and liquidation, so as to provide for federal home loan bank rights regarding
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collateral pledged by an insurer-member subject to a delinquency proceeding; to provide for definitions; to provide for certain limitations for a receiver to void transfer of certain property in connection with any federal home loan bank security agreement; to provide for transfer avoidance under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 625. By Representatives Frye of the 118th, Quick of the 117th and Williams of the 119th:
A BILL to be entitled an Act to amend an Act providing for the merger of the existing independent school system of the City of Athens and the existing school district in the County of Clarke, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4743), so as to provide for the authority of the superintendent to purchase supplies, hire labor, and make repairs to facilities and to solicit and receive proposals for the purchase of professional services; to provide definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 626. By Representative Shaw of the 176th:
A BILL to be entitled an Act to provide a new charter for the City of Lakeland; to provide for incorporation, boundaries, and powers of the city; 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 627. By Representatives Turner of the 21st, Battles of the 15th, Caldwell of the 20th, Ballinger of the 23rd and Setzler of the 35th:
A BILL to be entitled an Act to repeal an Act creating the Lake Allatoona Preservation Authority, approved April 22, 1999 (Ga. L. 1999, p. 4827); to provide for the assets thereof; to provide for severability and applicability; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Intragovernmental Coordination - Local.
HB 628. By Representatives Raffensperger of the 50th, Wilkinson of the 52nd, Jones of the 47th, Geisinger of the 48th, Dollar of the 45th 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 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 629. By Representative Gardner of the 57th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Atlanta, approved April 15, 1996 (Ga. L. 1996, p. 4469), as amended, so as to change the corporate limits of such municipality; to provide for related matters; to provide for a referendum and contingent effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 630. By Representatives Raffensperger of the 50th, Wilkinson of the 52nd, Jones of the 47th, Dollar of the 45th, Geisinger of the 48th and others:
A BILL to be entitled an Act to provide a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $30,000.00 of the assessed value of the homestead after a two-year phase in for certain residents of that county 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.
HR 685. By Representatives Waites of the 60th, Thomas of the 56th, Scott of the 76th and Stovall of the 74th:
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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 Appropriations.
HR 686. By Representatives Kelley of the 16th, Barr of the 103rd, Turner of the 21st, Petrea of the 166th, Rutledge of the 109th and others:
A RESOLUTION encouraging the United States Congress to enact broad and permanent tax reform in 2015 so as to create a tax system that is simpler, flatter, and fairer; and for other purposes.
Referred to the Committee on Ways & Means.
HR 687. By Representative Brooks of the 55th:
A RESOLUTION honoring the life and memory of Dr. Beverly Hall; and for other purposes.
Referred to the Committee on Education.
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 635. By Representative Epps of the 144th:
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, so as to increase the number of years of mandatory contribution to such fund; to increase the maximum number of years used to calculate benefits; to provide for certain creditable service; to provide for application and payment 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.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 610 HB 612
HB 611 HB 613
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HB 614 HB 616 HR 5 HR 651 HR 653 HR 688 SB 63 SB 109 SB 126 SB 130 SB 141 SB 145 SB 160 SB 176 SB 190 SB 194 SR 26 SR 126 SR 441
HB 615 HB 617 HR 650 HR 652 HR 654 SB 36 SB 82 SB 122 SB 127 SB 138 SB 143 SB 154 SB 169 SB 185 SB 191 SB 203 SR 114 SR 282
The Speaker Pro Tem assumed the Chair.
Representative Tankersley of the 160th 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 589 HB 597 HB 599 HB 601 HB 603
Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass
HB 594 HB 598 HB 600 HB 602
Do Pass Do Pass Do Pass Do Pass
Respectfully submitted, /s/ Tankersley of the 160th
Chairman
Representative Golick of the 40th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report:
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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 72 SB 79 SB 94
Do Pass, by Substitute Do Pass Do Pass, by Substitute
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 and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 601 Do Pass HR 620 Do Pass
HR 613 Do Pass SB 119 Do Pass
Respectfully submitted, /s/ Smith of the 70th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR THURSDAY, MARCH 19, 2015
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
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Open Rule
None
Modified Open Rule
HR 302
Congress of the United States; enact significant reforms to nation's federally financed graduate medical education programs and to provide states with additional resources to meet the health workforce needs of the future; urge (H&HS-Parrish-158th)
Modified Structured Rule
HR 474
House Study Committee on Grandparents Raising Grandchildren and Kinship Care; create (HumR-Abrams-89th)(AM 33 1537)
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 589. By Representatives Evans of the 42nd, Carson of the 46th, Wilkerson of the 38th, Smith of the 41st, Reeves of the 34th 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 12, 2008 (Ga. L. 2008, p. 3732), so as to change the compensation of the judge of the probate court; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
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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 12, 2008 (Ga. L. 2008, p. 3732), so as to change the compensation of the judge of the probate court; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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 12, 2008 (Ga. L. 2008, p. 3732), is amended by revising Section 2A as follows:
"SECTION 2A. The judge of the Probate Court of Cobb County shall receive an annual salary of $133,055.02, to be paid in equal monthly installments from the funds of Cobb County."
SECTION 2. Said Act is further amended by revising the second sentence of Section 3 as follows:
"The clerk of the probate court shall be compensated in the amount of $88,484.12 per annum, payable in equal monthly installments from the funds of Cobb County."
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.
HB 594. By Representative Kidd of the 145th:
A BILL to be entitled an Act to authorize the governing authority of Baldwin 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.
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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 597. By Representatives Holcomb of the 81st, Oliver of the 82nd, Jacobs of the 80th, Kendrick of the 93rd, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), an Act approved March 20, 1990 (Ga. L. 1990, p. 3900), and an Act approved April 13, 1992 (Ga. L. 1992, p. 6137), so as to change the jurisdiction of the Board of Ethics of DeKalb County; 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 598. By Representatives Holcomb of the 81st, Oliver of the 82nd, Jacobs of the 80th, Kendrick of the 93rd, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), and an Act approved May 23, 2007 (Ga. L. 2007, p. 4073), so as to provide for the manner of purchasing by DeKalb County; to provide for procedures and limitations; to provide for certain disclosures and publications; 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 599. By Representatives Holcomb of the 81st, Oliver of the 82nd, Jacobs of the 80th, Kendrick of the 93rd, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), so as to provide for
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independent internal audits for DeKalb County; to provide for procedures, policies, and limitations; to provide for certain reports; to provide for funding; to provide for oversight; 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 600. By Representatives Ehrhart of the 36th, Cooper of the 43rd, Evans of the 42nd, Wilkerson of the 38th, Carson of the 46th 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. 3723), so as to revise the compensation of the solicitor-general of Cobb County; 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 601. By Representatives Hightower of the 68th, Cooke of the 18th, Nix of the 69th and Smith of the 70th:
A BILL to be entitled an Act to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of the net proceeds of such tax among the Carroll County School District and the independent school districts located wholly or partially within Carroll County, including particularly the Carrollton Independent School System and the Bremen Public School System; to provide for authority under Article VIII, Section VI, Paragraph IV of the Constitution; 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 Willard of the 51st, Dollar of the 45th, Martin of the 49th, Jacobs of the 80th, Jones of the 47th and others:
A BILL to be entitled an Act to amend an Act providing in Fulton County a system for pension and retirement to pay 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
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(Ga. L. 2009, p. 4004), an Act approved April 11, 2012 (Ga. L. 2012, p. 4982), and an Act approved May 6, 2013 (Ga. L. 2013, p. 4026), so as to provide that contributions made into the pension and retirement plan by employees shall be considered employer contributions for tax purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 603. By Representatives Willard of the 51st, Dollar of the 45th, Martin of the 49th, Jacobs of the 80th, Jones of the 47th and others:
A BILL to be entitled an Act to amend an Act providing in Fulton County a system for pension and retirement to pay 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), so as to revise disability pension benefit eligibility for new plan members in certain instances; to provide an offset of disability benefits by any workers' compensation indemnity benefits related to loss of income for new plan members; to limit the effect of workers' compensation or similar laws on the plan; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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 Belton Y Bennett Y Bentley Y Benton
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes
Y Harbin Y Harden
Harrell Y Hatchett Y Hawkins E Henson
Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson
Y Meadows Y Mitchell
Morris Mosby Y Nimmer Y Nix Y Oliver O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold
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 Stover Y Strickland Y Tankersley
Tanner
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Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler
Cheokas Y Clark, D Y Clark, H Y Clark, V
Coleman E Cooke
Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England
Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Jacobs Y Jasperse
Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall E McClain
Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sims
Y Tarvin Y Taylor, D Y Taylor, T
Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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.
House of Representatives State Capitol, Room 218 Atlanta, Georgia 30334
March 19, 2015
Mr. Bill Reilly, Clerk Georgia House of Representatives 309 State Capitol Atlanta, Georgia 30334
Dear Mr. Clerk,
I would like to request that I be recorded as voting no to HB 600 "Cobb County; State Court; revise compensation of solicitor-general" on the local calendar today.
Thank you,
/s/ Rich Golick State Representative District 40
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The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 211. By Senator Stone of the 23rd:
A BILL to be entitled an Act to amend an Act placing the county officers of McDuffie County on an annual salary, approved March 9, 1959 (Ga. L. 1959, p. 2568), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3899), so as to change the annual salary of the coroner of McDuffie County; to repeal conflicting laws; and for other purposes.
SB 212. By Senator Kirk of the 13th:
A BILL to be entitled an Act to provide a new charter for the City of Leslie; to provide for incorporation, boundaries, and powers of the city; to provide for other matters relative to the foregoing; to repeal a specific law; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 499. By Senators Harper of the 7th and Williams of the 19th:
A RESOLUTION commending the Annual FNB South Community Golf Classic Tournament; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 254. By Representatives Corbett of the 174th, Spencer of the 180th, Shaw of the 176th and Nimmer of the 178th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved April 13, 1989 (Ga. L. 1989, p. 4916), an Act approved April 13, 1992 (Ga. L. 1992, p. 6055), and an Act approved April 4, 1997 (Ga. L. 1997, p. 3814), so as to rename the police court as the municipal court and provide new provisions for the operation of
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that court; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 211. By Representatives Broadrick of the 4th, Harden of the 148th, Gravley of the 67th, Stephens of the 164th, Weldon of the 3rd 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 change certain provisions relating to Schedules I, III, and IV controlled substances; to change certain provisions relating to the definition of "dangerous drug"; to revise provisions relating to labeling prescription containers of dangerous drugs; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 517. By Representative Corbett of the 174th:
A BILL to be entitled an Act to amend an Act to provide for the election of the members of the board of education of Echols County, approved April 10, 1968 (Ga. L. 1968, p. 3514), so as to provide that the members of the board of education shall be elected in nonpartisan elections; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 523. By Representative Nimmer of the 178th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, so as to change the corporate limits of such city; to repeal conflicting laws; and for other purposes.
HB 533. By Representative Greene of the 151st:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Randolph County, approved February 13, 1935 (Ga. L. 1935, p. 778), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3630), so as to change the compensation of the chairperson and other members of the board; to repeal conflicting laws; and for other purposes.
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HB 545. By Representative Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act entitled "An Act to incorporate the town of Sumner," approved August 9, 1883 (Ga. L. 1882-83, p. 291), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4331), so as to provide for four-year terms for the mayor and councilmembers; to provide for serving officers; to provide for elections; to provide for the filling of vacancies; to repeal conflicting laws; and for other purposes.
HB 546. By Representative Jones of the 167th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of elections and registration for McIntosh County," approved May 4, 2006 (Ga. L. 2006, p. 4171), so as to provide that the board shall consist of five members; to provide for appointment; to provide for terms; to repeal conflicting laws; and for other purposes.
HB 550. By Representatives Frazier of the 126th, Fleming of the 121st, Jackson of the 128th and Prince of the 127th:
A BILL to be entitled an Act to repeal an Act creating the Burke County Economic Development Authority, approved February 13, 1991 (Ga. L. 1991, p. 4120); to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 103. By Representatives Setzler of the 35th, Dudgeon of the 25th, Stover of the 71st, Turner of the 21st, Drenner of the 85th and others:
A RESOLUTION recognizing December 10 as Georgia's Day of Coding; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 211. By Senator Stone of the 23rd:
A BILL to be entitled an Act to amend an Act placing the county officers of McDuffie County on an annual salary, approved March 9, 1959 (Ga. L. 1959, p. 2568), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3899), so as to change the annual salary of the coroner of McDuffie County; to repeal conflicting laws; and for other purposes.
THURSDAY, MARCH 19, 2015
2737
Referred to the Committee on Intragovernmental Coordination - Local.
SB 212. By Senator Kirk of the 13th:
A BILL to be entitled an Act to provide a new charter for the City of Leslie; to provide for incorporation, boundaries, and powers of the city; to provide for other matters relative to the foregoing; to repeal a specific law; 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 Gardner of the 57th, Kidd of the 145th, Jones of the 62nd, Coleman of the 97th, Taylor of the 79th, Dudgeon of the 25th, Ballinger of the 23rd et al., Chandler of the 105th, and Epps of the 144th.
Pursuant to HR 643, the House commended Chris "Ludacris" Bridges, founder of The Ludacris Foundation, and invited him to be recognized by the House of Representatives.
The Speaker assumed the Chair.
Pursuant to HR 216, the House commended Will Crain, Michael Crofton, Julie Doss, Brooke Hasfjord, John Kirkland, Shannon Laffey, and Jennifer Maddox for being chosen to participate in the 2015 Special Olympics World Summer Games 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 Resolutions of the House were taken up for consideration and read the third time:
HR 302. By Representatives Parrish of the 158th, Ralston of the 7th, O`Neal of the 146th, Abrams of the 89th, Jones of the 47th and others:
A RESOLUTION urging the Congress of the United States to enact significant reforms to the nation's federally financed graduate medical education programs and to provide states with additional resources to meet the health workforce needs of the future; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
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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
Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley
Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Cooke
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh
Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs
Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall E McClain
Y Meadows Y Mitchell
Morris Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Rogers, T Y Rutledge Y Rynders Y Scott N Setzler Y Sharper Y Shaw Y Sims
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
Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D E Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
Yates Ralston, Speaker
On the adoption of the Resolution, the ayes were 157, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 474. By Representatives Abrams of the 89th, Ramsey of the 72nd, Jones of the 47th, Hugley of the 136th and Smyre of the 135th:
A RESOLUTION creating the House Study Committee on Grandparents Raising Grandchildren and Kinship Care; and for other purposes.
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2739
The following amendment was read and adopted:
Representative Abrams of the 89th offers the following amendment:
Amend HR 474 (LC 33 6036) by striking lines 17 through 22 and inserting in lieu thereof the following:
(2) Members and officers. The committee shall be composed of seven members of the House of Representatives, including the Minority Leader, and the remaining six members to be appointed by the Speaker of the House of Representatives. At least three of the members shall be from the minority party including the Minority Leader. The Speaker shall designate one of the members as chairperson of the committee.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, 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
Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J
Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston
Howard Y Hugley Y Jackson Y Jacobs
Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin
Y Meadows Y Mitchell Y Morris Y Mosby
Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A
Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
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
Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D E Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C
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Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Gordon Y Gravley Y Greene Y Hamilton
Y Maxwell Y Mayo Y McCall E McClain
Y Setzler Y Sharper Y Shaw Y Sims
Y Williams, E Y Williamson Y Yates
Ralston, Speaker
On the adoption of the Resolution, as amended, the ayes were 164, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
By unanimous consent, the following Bill of the House was withdrawn from the Rules Calendar and recommitted to the Committee on Rules:
HB 16. By Representative Prince of the 127th:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain programs and activities under the "Quality Basic Education Act," so as to provide that no high school which receives funding under Article 6 of Chapter 2 of Title 20, the "Quality Basic Education Act," shall participate in or sponsor interscholastic sports events conducted by any athletic association unless the association allows students enrolled in magnet schools to tryout for and participate on athletic teams of their resident school under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 708. By Representatives Pak of the 108th, O`Neal of the 146th and Abrams of the 89th:
A RESOLUTION recognizing and honoring January 13, 2016, as Korean American Day at the State Capitol and inviting Korean American dignitaries to be recognized by the House of Representatives; and for other purposes.
HR 709. By Representatives Wilkerson of the 38th, Evans of the 42nd, Bruce of the 61st, Jones of the 53rd, Dollar of the 45th and others:
A RESOLUTION congratulating the McEachern High School Lady Indians Basketball Team for their excellent performance at the Class AAAAAA State Championship game and inviting them to be recognized by the House of Representatives; and for other purposes.
THURSDAY, MARCH 19, 2015
2741
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 689 Do Pass HR 690 Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 689. By Representatives Setzler of the 35th and Reeves of the 34th:
A RESOLUTION commending the North Cobb High School Lady Warrior volleyball team for winning the 2014 Class 6A GHSA State Championship and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 690. By Representatives McClain of the 100th, Ralston of the 7th, Rogers of the 10th, Abrams of the 89th, Smyre of the 135th and others:
A RESOLUTION honoring Thomas Henry Nobis, Jr., the first player drafted during the inaugural season for the Atlanta Falcons in 1966, and inviting him to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House and Senate were read and adopted:
HR 710. By Representative Marin of the 96th:
A RESOLUTION recognizing April 30, 2015, as Vietnam Remembrance Day; and for other purposes.
HR 711. By Representative Marin of the 96th:
A RESOLUTION recognizing and commending the contributions of Georgia Haitian Americans and recognizing March 31, 2015, as Georgia Haitian Americans Legislative Day at the state capitol; and for other purposes.
HR 712. By Representatives Gardner of the 57th, Parrish of the 158th, Bennett of the 94th, Stephens of the 164th and Williams of the 119th:
A RESOLUTION recognizing and commending Kaiser Permanente on the occasion of its 30th anniversary in Georgia; and for other purposes.
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JOURNAL OF THE HOUSE
HR 713. By Representatives Sims of the 123rd, Howard of the 124th and Frazier of the 126th:
A RESOLUTION commending Clymonteen Livingston Jones for outstanding public service to her community; and for other purposes.
HR 714. By Representative Roberts of the 155th:
A RESOLUTION recognizing and commending the Irwin County Women's tennis team on winning the Class A State Championship; and for other purposes.
HR 715. By Representative Roberts of the 155th:
A RESOLUTION recognizing and commending the Irwin County Senior 4H Poultry Judging Team; and for other purposes.
HR 716. By Representative Greene of the 151st:
A RESOLUTION commending Mayor Adolph McLendon for his many years of dedicated service to the City of Richland and Stewart County, Georgia; and for other purposes.
HR 717. By Representatives Fludd of the 64th and Mabra of the 63rd:
A RESOLUTION recognizing and commending Christian City on the occasion of its 50th anniversary; and for other purposes.
HR 718. By Representative Pruett of the 149th:
A RESOLUTION congratulating Ms. Bertie Mae Conley Teal on the grand occasion of her 100th birthday; and for other purposes.
HR 719. By Representatives Setzler of the 35th and Reeves of the 34th:
A RESOLUTION commending the North Cobb High School Lady Warrior volleyball team for winning the 2014 Class 6A GHSA State Championship; and for other purposes.
HR 720. By Representative Hatchett of the 150th:
A RESOLUTION commending Jasper "Jake" Webb and Bill Padgett; and for other purposes.
THURSDAY, MARCH 19, 2015
2743
HR 721. By Representatives Maxwell of the 17th, Coleman of the 97th, Harrell of the 106th and Smith of the 70th:
A RESOLUTION celebrating the birth of Jaxon Coker Bagwell; and for other purposes.
HR 722. By Representatives Beasley-Teague of the 65th, Scott of the 76th, Brooks of the 55th, Anderson of the 92nd and Douglas of the 78th:
A RESOLUTION honoring the life and memory of Reverend Marie Lomax Douglas; and for other purposes.
HR 723. By Representatives Beasley-Teague of the 65th, Prince of the 127th, Scott of the 76th, Brooks of the 55th and Hitchens of the 161st:
A RESOLUTION commending Tony T. Yarbrough upon the wonderful occasion of his promotion; and for other purposes.
SR 499. By Senators Harper of the 7th and Williams of the 19th:
A RESOLUTION commending the Annual FNB South Community Golf Classic Tournament; and for other purposes.
Representative Willard of the 51st moved that the following Bill of the Senate be withdrawn from the Committee on Governmental Affairs and recommitted to the Committee on Judiciary:
SB 138. By Senators Miller of the 49th, Dugan of the 30th, Hill of the 32nd, Kennedy of the 18th, Jackson of the 24th and others:
A BILL to be entitled an Act to amend Title 49 of the Official Code of Georgia Annotated, relating to social service; to repeal a provision relating to the Council for Welfare Administration; to provide for related matters; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The Speaker Pro Tem assumed the Chair.
Representative Burns of the 159th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:
Mr. Speaker:
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JOURNAL OF THE HOUSE
Your Committee on Game, Fish and Parks has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 62 Do Pass SB 112 Do Pass
Respectfully submitted, /s/ Burns of the 159th
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 88 Do Pass, by Substitute
Respectfully submitted, /s/ Hamilton of the 24th
Chairman
Representative Sims of the 123rd 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 Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 419 SR 266 SR 267
Do Pass Do Pass, by Substitute Do Pass, by Substitute
Respectfully submitted, /s/ Sims of the 123rd
Chairman
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2745
Representative O'Neal of the 146th moved that the House stand in recess until 4:00 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 4:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.
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JOURNAL OF THE HOUSE
Representative Hall, Atlanta, Georgia
Friday, March 20, 2015
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 E Anderson Atwood E Ballinger Barr Battles Beasley-Teague Bell Belton Bennett Bentley Benton Beskin Beverly Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter Chandler Cheokas Clark, D Clark, H Clark, V
Coleman Cooke Coomer Cooper Corbett E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Douglas Drenner Dudgeon Dukes Dunahoo Duncan Efstration England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway Geisinger Glanton E Golick Gordon Gravley Greene
Hamilton Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, L Jones, S E Jordan Kaiser Kelley Kendrick E Kidd Knight LaRiccia Lumsden Mabra Marin Martin Mayo McCall
E McClain Meadows Mitchell Morris Nimmer Nix O'Neal Pak Parrish Parsons Peake Petrea Pezold Powell, A
E Powell, J Prince Pruett Quick Raffensperger Ramsey Randall Reeves Rhodes Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw
Sims Smith, E Smith, L E Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R E Stephenson Stovall Stover Strickland Tanner Tarvin Taylor, D E Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner E Watson Welch Werkheiser Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Yates Ralston, Speaker
Due to a mechanical malfunction, Representatives Ealum of the 153rd, Tankersley of the 160th, and Waites of the 60th were not recorded on the attendance roll call. They wished to be recorded as present.
The following members were off the floor of the House when the roll was called:
FRIDAY, MARCH 20, 2015
2747
Representatives Casas of the 107th, Jacobs of the 80th, Kirby of the 114th, Maxwell of the 17th, Mosby of the 83rd, Oliver of the 82nd, Rakestraw of the 19th, and Weldon of the 3rd.
They wished to be recorded as present.
Prayer was offered by Reverend Frederick D. Favors, Pastor, Springfield Baptist Church, Thompson, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 631. By Representatives Cantrell of the 22nd, Turner of the 21st, Caldwell of the 20th, Ballinger of the 23rd and Carson of the 46th:
A BILL to be entitled an Act to amend an Act creating the Board of Ethics of Cherokee County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p.
2748
JOURNAL OF THE HOUSE
411), so as to define a term; to provide for limitation of liability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 632. By Representatives Wilkerson of the 38th, Bruce of the 61st, Evans of the 42nd, Jones of the 53rd, Reeves of the 34th and others:
A BILL to be entitled an Act to amend an Act known as the "South Cobb Development Authority Act," approved April 12, 1982 (Ga. L. 1982, p. 3772), as amended, so as to change the definition of certain terms; to change certain powers and duties; to provide for boundaries; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 633. By Representatives Beskin of the 54th, Wilkinson of the 52nd, Golick of the 40th, Bruce of the 61st, Jacobs of the 80th and others:
A BILL to be entitled an Act to provide a homestead exemption from City of Atlanta independent school district ad valorem taxes for educational purposes in the amount of the assessed value of the homestead for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 634. By Representatives Clark of the 101st, Coleman of the 97th, Chandler of the 105th, Floyd of the 99th, Harrell of the 106th and others:
A BILL to be entitled an Act to amend an Act incorporating the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4128), so as to amend corporate boundaries of such city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
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2749
HB 636. By Representative Morris of the 156th:
A BILL to be entitled an Act to authorize the governing authority of the City of Vidalia 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 637. By Representatives Morris of the 156th, Pruett of the 149th and LaRiccia of the 169th:
A BILL to be entitled an Act to provide a new charter for the City of Hazlehurst; to provide for severability; to provide for other matters relative to the foregoing; to provide a specific repealer; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 638. By Representative Gardner of the 57th:
A BILL to be entitled an Act to repeal the amendment to the Constitution of Georgia providing that, upon extension of the corporate limits of the City of Atlanta into Fulton County, the territory embraced therein shall become part of the independent school system of the City of Atlanta and shall cease to be a part of the school system of the county and that the school property located within the area embraced in the extension shall become the property of the City of Atlanta (Res. Act No. 73; H. R. No. 182-969j; Ga. L. 1950, p. 458), which was continued under the 1983 Constitution of the State of Georgia by an Act approved March 26, 1986 (Ga. L. 1986, p. 4812); to provide for a referendum with respect to the effectiveness of the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 707. By Representative Pruett of the 149th:
A RESOLUTION honoring the life of Lance Corporal Melvin Poole and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
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JOURNAL OF THE HOUSE
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 618 HB 620 HB 622 HB 624 HB 626 HB 628 HB 630 HR 685 HR 687 SB 212
HB 619 HB 621 HB 623 HB 625 HB 627 HB 629 HB 635 HR 686 SB 211
Representative Tankersley of the 160th 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 617 Do Pass
Respectfully submitted, /s/ Tankersley of the 160th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR FRIDAY, MARCH 20, 2015
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 33rd Legislative Day as enumerated below:
DEBATE CALENDAR
FRIDAY, MARCH 20, 2015
2751
Open Rule
None
Modified Open Rule
None
Modified Structured Rule
SB 51
Pharmacists and Pharmacies; provide for substitutions of interchangeable biological products (Substitute)(H&HS-Cooper-43rd) Burke-11th
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 617. By Representatives Carson of the 46th, Parsons of the 44th, Dollar of the 45th, Wilkerson of the 38th, Evans of the 42nd 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 April 10, 2014 (Ga. L. 2014, p. 4267), an Act approved May 12, 2008 (Ga. L. 2008, p. 3723), and an Act approved May 30, 2003 (Ga. L. 2003, p. 3695), so as to raise the compensation of the chief deputy clerk and the clerk of the State Court of Cobb County; to raise the minimum and maximum allowable compensation for the chief assistant, each deputy chief assistant, each assistant, and each intake assistant solicitor of Cobb County; to provide for 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.
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JOURNAL OF THE HOUSE
By unanimous consent, the following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 254. By Representatives Corbett of the 174th, Spencer of the 180th, Shaw of the 176th and Nimmer of the 178th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved April 13, 1989 (Ga. L. 1989, p. 4916), an Act approved April 13, 1992 (Ga. L. 1992, p. 6055), and an Act approved April 4, 1997 (Ga. L. 1997, p. 3814), so as to rename the police court as the municipal court and provide new provisions for the operation of that 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 providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved April 13, 1989 (Ga. L. 1989, p. 4916), an Act approved April 13, 1992 (Ga. L. 1992, p. 6055), and an Act approved April 4, 1997 (Ga. L. 1997, p. 3814), so as to change the term recorder to judge of municipal court of Waycross; to rename the police court as the municipal court and provide new provisions for the operation of that court; to change the name of the recorder to the judge of municipal 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 providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved April 13, 1989 (Ga. L. 1989, p. 4916), an Act approved April 13, 1992 (Ga. L. 1992, p. 6055), and an Act approved April 4, 1997 (Ga. L. 1997, p. 3814), is amended by revising paragraph (1) of subsection (d) of Section 15 as follows:
"(1) To preside at meetings of the commission, and he shall have all the rights, powers, and duties and responsibilities as a commission member except that the mayor shall be entitled to vote on matters before the mayor and commission only where there is an equal division on the question, and then the mayor shall determine the matter by his vote. The mayor shall also be entitled to vote on the election of the
FRIDAY, MARCH 20, 2015
2753
following officers and employees of the commission: mayor pro tempore, city manager, city attorney, and judge of the municipal court."
SECTION 2. Said Act is further amended by revising Section 59 as follows:
"SECTION 59. Municipal court.
(1) Creation. (A) There shall be a court to be known as the Municipal Court of the City of Waycross (hereinafter referred to as 'municipal court'), the same is hereby granted all such powers as are inherent in courts generally and as usually belong to municipal courts under the laws of this state, as well as those hereinafter more particularly set forth. (B) The municipal court shall be held at such place as the city commission shall prescribe by ordinance, or as may be necessitated by the emergencies of the case.
(2) Judge. (A) No person shall be eligible to serve as judge of municipal court unless such person shall be, at the time of qualification, at least 25 years of age, shall be a resident of the Waycross Judicial Circuit, and shall be a licensed, practicing attorney at law in good standing with the State Bar of Georgia. (B) Any person selected to be judge of said court shall preside over said court and shall try and determine all cases therein, without a jury. Said person shall be clothed with all the powers as judge of said court as set forth in this charter, the ordinances of the City of Waycross, Georgia, and as provided by law. (C) Before entering upon his or her duties of office, said person shall take and subscribe to the following oath, which shall be entered upon the minutes of the commission, and said oath taken and subscribed shall comply with the requirements of Code Sections 45-3-1 through 45-3-10 of the O.C.G.A.: 'I solemnly swear (or affirm) that I will uprightly demean myself as Judge of the Municipal Court of the City of Waycross and that I will faithfully and impartially discharge all the duties incumbent on me as presiding Judge of said municipal court of said city, according to the best of my ability and understanding. I further swear (or affirm) that I am not the holder of any unaccounted for public money due to the State of Georgia, or any political subdivision or authority thereof, and am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which state by the laws of the State of Georgia I am prohibited from holding; and that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I swear (or affirm) that I will uphold and support the Constitution of the United States, and the Charter and Ordinances of the City of Waycross, and the laws and Constitution of the State of Georgia, so help me God.'
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(D) The judge shall hold court at stated hours, Sundays excepted, or as often as the exigencies of business demand. In case the judge is absent from the city, sick, disqualified, or for other cause is unable to hold court, the judge pro tempore may preside and act as judge of said court in the place of said judge and, while so doing, shall be clothed with all the rights and powers of the judge of said court. (E) The judge of said court and the judge pro tempore of said court shall serve at the pleasure of the commission of the City of Waycross. (F) The judge of said court and the judge pro tempore shall be selected by the commission of the City of Waycross in the same manner as the city manager for a term of one year. (G) In case a vacancy shall occur in the office of the judge of municipal court, such vacancy shall be filled by the commission of the City of Waycross. (3) Jurisdiction, powers. (A) The municipal court shall have jurisdiction to try and determine all offenses against the laws and ordinances of the city committed within the jurisdictional limits of the city, and upon conviction, to punish the offenders for the violation of such laws and ordinances by imposing such fines and sentences, and inflicting such punishment as shall be prescribed by the provisions of this Act and the ordinances and resolutions adopted in pursuance thereof. The judge or judge pro tempore of the municipal court shall have the power to impose fines and inflict punishments after conviction upon all violations of the laws and ordinances of said city by fine not to exceed $1,000.00, or by labor on the streets or public works of said city under the control and direction of the proper officers, not to exceed six months, or by confinement not to exceed six months, either one or more or all, in the discretion of the judge or judge pro tempore trying the case. Upon failure or refusal of any person to pay promptly any fine or costs imposed by the municipal court, the same may be enforced and collected by an execution issued and directed as is provided for the issuance and collection of tax executions by the city and levies may be made and sales thereunder may be conducted in the same way, this method being cumulative and to be used at the option of the commission of the City of Waycross. (B) The municipal court shall have jurisdiction to try and determine all misdemeanor traffic offenses as authorized by Code Sections 40-6-372 through 406-376 of the O.C.G.A., and such other offenses as authorized presently, or in the future, by state law. The municipal court may prescribe punishment for offenses within its jurisdiction to the fullest extent allowed by state law. (C) The municipal court may fix punishment for offenses within its jurisdiction, including both fines and imprisonment or alternative sentencing; provided that such fines or imprisonment does not exceed the statutory limits as now exist or thereafter provided by law. (D) The municipal court shall have jurisdiction to forfeit all appearance bonds and recognizances returnable to said court and to hear, try and determine all issues made therein and to render judgment on the same; and also, to try all nuisances and
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questions arising in reference thereto and to grant judgments for the abatement of the same and for the removal thereof. (E) The municipal court shall have authority to recommend to the city commission for approval of a schedule of fees to defray the cost of operation. (F) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as security for appearances of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited to the judge presiding at such time and an execution issued thereon by serving the defendant and his or her surety, or sureties, with a rule nisi at least three days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City of Waycross, or the property so deposited shall have a lien against it for the value forfeited. (G) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears, by probable cause, that a state law has been violated. (H) The municipal court shall have the authority to administer oaths and to perform all other acts necessary and proper for the conduct of court. (I) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by state law. (J) The municipal court shall have the authority to punish those in its presence for contempt; provided that such punishment shall not exceed the statutory limits for fines and imprisonment for such municipal courts. (K) The municipal court is specifically vested with all of the judicial jurisdiction and judicial powers throughout the entire area of the City of Waycross granted by state laws generally to municipal courts, including the power to impose sentences for those offenses that carry a maximum penalty under state law of up to 12 months imprisonment, and particularly by such laws as authorize the abatement of nuisances. (L) The judge or judge pro tempore of the municipal court shall have and are given the same powers and authorities as magistrates in the matter of and pertaining to criminal cases of whatever nature in the several courts of this state. The judge or judge pro tempore are authorized and empowered to issue warrants for offenses committed within the jurisdiction of the City of Waycross for police purposes, against the penal laws of the state, this either before or after the hearing or trial of the charge in said municipal court, and consequently where, in the course of an investigation of a matter in said municipal court, it shall appear that the penal laws of the state have been violated, it shall be the duty of the judge or judge pro tempore
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to bind over the offender to the proper court having jurisdiction of such matter in said County of Ware; and to that end, the judge or judge pro tempore shall have the power and authority to commit such offender or offenders to the county jail of said county or admit them to bail, in bailable cases, for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. (4) Contempt. (A) The judge or judge pro tempore of the municipal court shall have the authority to issue attachment and inflict summary punishment for contempt of court in cases of:
(i) Misbehavior of any person or persons in the presence of such court or so near thereto as to obstruct the administration of justice; (ii) Misbehavior of any of the officers of the court in their official transactions; or (iii) Disobedience or resistance of any officer of the court, party, juror, witness, or other person or persons to any lawful writ, processed order, rule, decree, or command of the court. (B) The judge or judge pro tempore of the municipal court shall have the power and authority to punish for contempt by fine not to exceed $1,000.00, or confinement not to exceed 20 days, either one or both, in the discretion of the judge or judge pro tempore trying the case. Upon failure or refusal of any person to pay promptly any fine or cost imposed by said judge or judge pro tempore, the same may be enforced and collected by an execution issued and directed as is provided for the issuance and collection of tax executions by the city and levies may be made and sales thereunder may be conducted in the same way, this method being cumulative and to be used at the option of the commission of the City of Waycross. (5) Docket. There shall be kept one or more dockets, on which shall appear the name of each person arrested by the officers of the city for any offense against the municipal ordinances or laws in force within the jurisdictional limits of the city, and a brief and clear statement of the offense with which such person is charged. Upon the trial of such person, the sentence imposed or the disposition made of the case shall be entered in writing opposite the name and charge by judge or judge pro tempore of said court, which respective entries shall be signed by the judge or judge pro tempore in such cases. (6) Summons and subpoenas. (A) The municipal court shall have the power to compel the attendance of persons charged with the violation of any ordinance or law within the jurisdiction of the municipal court, by summons, which summons shall be issued by the city clerk and bear testament in the name of the judge of municipal court, and shall set forth the nature of the charge or case, and the time set for trial or hearing, and shall be served upon the defendant by any officer or member of the police force. Likewise, said court shall have the power to compel the attendance of witnesses in all proceedings by issuing subpoenas which shall be similarly issued and served as are summons. (B) The municipal court shall have the power to punish any person disobeying such summons or subpoena as for contempt. Any person who may be charged with
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contempt may be arrested by attachment in writing or warrant signed by the judge or judge pro tempore, which said attachment or warrant shall be executed by any member of the police force. (7) Trial. The cases before the municipal court shall be tried as speedily as possible. With due regard to the rights of the accused and of the city, continuances may be granted by the court upon proper showing made, in accordance with the rules governing such matters in the superior courts of this state, but such continuances shall be only until a time when the case can be properly tried in the discretion of the presiding judge or judge pro tempore. (8) Bonds and forfeitures. (A) When any person who is charged with an offense against the laws or ordinances of the city, or who is arrested for such offense, shall give bond for his or her appearance at any session of municipal court, and if such person shall fail to appear at the time appointed in said bond, then and in such event, said bond shall be forfeited and the amount of same collected from the principal and sureties thereon in a manner to be provided for by ordinance of the city. And said commission is hereby expressly authorized and empowered to provide by ordinance for the forfeiture and collection of such appearance bonds similarly to the way in which they are forfeited and collected in the superior courts of this state, and said municipal court is hereby clothed with full power and authority to forfeit said appearance bonds and grant judgments upon the same for the amounts thereof, in the same way that superior courts grant such judgments. On the entering of such judgment, the city clerk shall issue an execution against the principal and surety or sureties on such bonds in conformity with such judgment, and in the form and manner prescribed for executions issued by the city for taxes, and the city shall proceed to enforce and collect the same as tax executions of the city are enforced and collected. (B) In any case where any person charged with an offense brought in the municipal court, or arrested for such offenses, has deposited a sum of money as a bond for his appearance in said municipal court, and similarly where some other party has deposited a sum of money for the appearance of such person in said municipal court, then and in the event such person does not appear at the time appointed, for whose appearance such sum of money was deposited in lieu of a bond as aforesaid, said sum of money shall be forfeited instantly by the judgment of the municipal court entered upon the municipal court docket and shall be paid over to the City of Waycross. (C) No resident of Ware County, Georgia, who is not a resident of the City of Waycross, Georgia, shall be prohibited from giving a property bond, solely on the basis of residency for the appearance in the municipal court of a person who is charged with an offense against the laws or ordinances of the City of Waycross. The means and method for giving bond, forfeiture of bond, execution, and judgment thereon shall be established by the code of the City of Waycross, Georgia, the ordinances and laws applicable to the City of Waycross, Georgia.
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(D) If Ware County residents who are not residents of the City of Waycross give bond for a person or persons to appear in the municipal court, and if such person shall fail to appear at the time appointed in said bond, then in such event, said bond shall be forfeited and the amount of same collected from the principal and his sureties as established by the ordinances and laws of the City of Waycross, Georgia, and general laws of the State of Georgia applicable to said court. Any ordinances and laws in effect at the time this ordinance is adopted, as well as any amendments that may be adopted from time to time thereafter, shall apply to persons and bonds which are given by Ware County residents who are non-residents of the City of Waycross. (9) Costs. Said commission shall have the power to provide by ordinance for the charge and collection of all items of costs in cases brought into said municipal court, such as are usually incident and lawfully chargeable to the prosecution of said cases, same to be added to the amount of the fines imposed and collected, and then to be paid over to the proper officers for whose use they are charged. (10) Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all cases, and any and all persons who shall complain, and take exception at any decision or judgment rendered in said municipal court, shall have the right to have same reviewed by a writ of certiorari which shall be applied for, issued and heard and determined under the provisions of the laws of the State of Georgia in such cases made and provided."
SECTION 3. Said Act is further amended by revising Section 105 as follows:
"SECTION 105. City attorney, judge of municipal court; separate offices.
The offices of city attorney and judge, or judge pro tempore, of municipal court, shall be separate and distinct offices, and the judge, or judge pro tempore, of municipal court shall not be competent or eligible to hold the office of city attorney of the city during the term for which he or she was elected or selected."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
By unanimous consent, the following roll call vote was made applicable to the previously read Bills.
On the passage of the Bill, and on the agreement to the Senate substitute, the roll call was ordered and the vote was as follows:
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Y Abrams Y Alexander Y Allison Y Anderson Y Atwood E Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick E Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall E McClain
Y Meadows Y Mitchell Y Morris
Mosby Nimmer Y Nix Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A E Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D E Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites E Watson Y Welch
Weldon Y Werkheiser 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, and on the agreement to the Senate substitute, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, and the House has agreed to the Senate substitute.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House:
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HB 345. By Representatives Trammell of the 132nd and Nix of the 69th:
A BILL to be entitled an Act to amend an Act to incorporate the City of Hogansville in Troup County, Georgia, approved February 13, 1976 (Ga. L. 1976, p. 2588), as amended, so as to provide for certain procedures for the filling of vacancies in the office of mayor or councilmember; to repeal conflicting laws; and for other purposes.
HB 479. By Representatives Dickey of the 140th and Peake of the 141st:
A BILL to be entitled an Act to create the City of Forsyth Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation, to have the responsibility and authority to promote tourism, trade, and conventions in the City of Forsyth, Georgia; to provide for creation and organization of the authority; to provide for a purpose; to provide for powers, duties, and authority; to provide for a board of directors, membership, terms of office, and removal from office; to provide for an executive director and his or her duties and powers; to provide for meetings; to limit liability; to provide for a budget and finances; to provide for oversight; to provide that the city not be bound; to provide definitions; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 532. By Representatives Reeves of the 34th, Carson of the 46th, Cooper of the 43rd, Wilkerson of the 38th, Parsons of the 44th and others:
A BILL to be entitled an Act to amend an Act creating one or more community improvement districts in Cobb County and each municipality therein, approved March 20, 1985 (Ga. L. 1985, p. 4009), as amended, so as to add a certain provision relating to the powers of such districts; to repeal conflicting laws; and for other purposes.
HB 553. By Representatives Dickey of the 140th, Peake of the 141st and Holmes of the 129th:
A BILL to be entitled an Act to provide a new charter for the City of Forsyth; to provide for incorporation, boundaries, and property of the city; service charges, and assessments; to provide for other matters relative to the foregoing; to provide an effective date; to provide a specific repealer; to repeal conflicting laws; and for other purposes.
The following members were recognized during the period of Morning Orders and addressed the House:
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Representatives Atwood of the 179th, Thomas of the 39th et al., Randall of the 142nd et al., Stovall of the 74th, Stover of the 71st, Coomer of the 14th, Jones of the 62nd, Taylor of the 173rd, Gravely of the 67th et al., and Kelley of the 16th et al.
Pursuant to HR 603, the House congratulated Christopher and Ginger Martin upon being honored with the 2015 National Outstanding Young Farmer award and invited them, their two children, Grantson and Wellsley, and Mark Freeman to be recognized by the House of Representatives.
Pursuant to HR 75, the House commended Maya Van Wagenen, a 16-year-old awardwinning teen author, and invited her to be recognized by the House of Representatives.
Pursuant to HR 689, the House commended the North Cobb High School Lady Warrior volleyball team for winning the 2014 Class 6A GHSA State Championship and invited them to be recognized by the House of Representatives.
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 4 SB 125 SB 169
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute
Respectfully submitted, /s/ Roberts of the 155th
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 51.
By Senators Burke of the 11th, Watson of the 1st, Hufstetler of the 52nd, Millar of the 40th, Miller of the 49th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for substitutions of interchangeable biological products; to define
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certain terms; to provide for requirements and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for substitutions of interchangeable biological products; to define certain terms; to provide for requirements and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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 adding new paragraphs to read as follows:
"(1.1) 'Biological product' means a biological product as defined in subsection (i) of section 351 of the Public Health Service Act, 42 U.S.C. Section 262." "(18.2) 'Interchangeable biological product' means a biological product that the federal Food and Drug Administration has determined meets the standards set forth in subsection (k)(4) of 42 U.S.C. Section 262 or has been deemed therapeutically equivalent by the federal Food and Drug Administration."
SECTION 2. Said chapter is further amended by revising Code Section 26-4-81, relating to substitution of generic drugs for brand name drugs, as follows:
"26-4-81. (a) In accordance with this Code section, a pharmacist may substitute:
(1) A a drug with the same generic name in the same strength, quantity, dose, and dosage form as the prescribed brand name drug product which is, in the pharmacist's reasonable professional opinion, pharmaceutically equivalent; or (2) A biological product with an interchangeable biological product. (b) If a practitioner of the healing arts prescribes: (1) A a drug by its generic name, the pharmacist shall dispense the lowest retail priced drug product which is in stock and which is, in the pharmacist's reasonable professional opinion, pharmaceutically equivalent; or (2) A biological product by its nonproprietary name, the pharmacist shall dispense the lowest retail priced interchangeable biological product which is in stock.
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(c) Substitutions as provided for in subsections (a) and (b) of this Code section are authorized for the express purpose of making available to the consumer the lowest retail priced:
(1) Drug drug product which is in stock and which is, in the pharmacist's reasonable professional opinion, both therapeutically equivalent and pharmaceutically equivalent; or (2) Interchangeable biological product which is in stock. (d)(1) Whenever a substitution is made, the pharmacist shall record on the original prescription the fact that there has been a substitution and the identity of the dispensed drug product or interchangeable biological product and its manufacturer. Such prescription shall be made available for inspection by the board or its representative in accordance with the rules of the board. (2) If a pharmacist substitutes a generic drug product for a brand name prescribed drug product when dispensing a prescribed medication, the brand name and the generic name of the drug product, with an explanation of 'generic for (insert name of brand name prescribed drug product)' or similar language to indicate substitution has occurred, must appear on the prescription label and be affixed to the container or an auxiliary label, unless the prescribing practitioner indicated that the name of the drug may not appear upon the prescription label; provided, however, that this paragraph shall not apply to medication dispensed for in-patient hospital services or to medications in specialty packaging for dosing purposes as defined by the board. (3) If a pharmacist substitutes an interchangeable biological product for a prescribed biological product when dispensing a prescribed medication, the name of the interchangeable biological product, with an explanation of 'interchangeable biological product for (insert name of prescribed biological product)' or similar language to indicate substitution has occurred, must appear on the prescription label and be affixed to the container or an auxiliary label, unless the prescribing practitioner indicated that the name of the biological product may not appear upon the prescription label; provided, however, that this paragraph shall not apply to biological products dispensed for in-patient hospital services, to hospital administered biological products for outpatients, or to biological products in specialty packaging for dosing purposes as defined by the board. This paragraph shall apply to hospital retail pharmacies and to any biological products dispensed by a hospital for a patient's use or administration at home. (e) The substitution of any drug or biological product by a registered pharmacist pursuant to this Code section does not constitute the practice of medicine. (f) A patient for whom a prescription drug or biological product order is intended may instruct a pharmacist not to substitute a generic name drug in lieu of a brand name drug or an interchangeable biological product in lieu of a prescribed biological product. (g) A practitioner of the healing arts may instruct the pharmacist not to substitute a generic name drug in lieu of a brand name drug or an interchangeable biological product in lieu of a prescribed biological product by including the words 'brand necessary' in the body of the prescription. When a prescription is a hard copy
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prescription drug or biological product order, such indication of brand necessary must be in the practitioner's own handwriting and shall not be printed, applied by rubber stamp, or any such similar means. When the prescription is an electronic prescription drug or biological product order, the words 'brand necessary' are not required to be in the practitioner's own handwriting and may be included on the prescription in any manner or by any method. When a practitioner has designated 'brand necessary' on an electronic prescription drug or biological product order, a generic drug or interchangeable biological product shall not be substituted without the practitioner's express consent, which shall be documented by the pharmacist on the prescription and by the practitioner in the patient's medical record. (h) Within 48 hours, excluding weekends and holidays, following the dispensing of a biological product, the dispensing pharmacist or the pharmacist's designee shall communicate to the prescriber the specific product provided to the patient, including the name of the biological product and the manufacturer. The communication shall be conveyed by making an entry into an interoperable electronic medical records system or through electronic prescribing technology or a pharmacy record that is electronically accessible by the prescriber. Otherwise, the pharmacist shall communicate the biological product dispensed to the prescriber by using facsimile, telephone, electronic transmission, or other prevailing means, provided that communication shall not be required where:
(1) There is no interchangeable biological product approved by the federal Food and Drug Administration for the prescribed product; or (2) A refill prescription is not changed from the product dispensed on the prior filling of the prescription. (i) The board shall maintain a link on its website to the current list of all biological products determined by the federal Food and Drug Administration to be interchangeable with a specific biological product. (j) Code Section 26-4-118, 'The Pharmacy Audit Bill of Rights,' shall apply to biological products and interchangeable biological products dispensed pursuant to 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 Coomer Y Cooper Y Corbett E Dawkins-Haigler
Y Harbin Y Harden Y Harrell Y Hatchett
Y Meadows Y Mitchell Y Morris Y Mosby
Y Smith, E Y Smith, L Y Smith, M Y Smith, R
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Y Atwood E Ballinger Y Barr Y Battles Y Beasley-Teague
Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H 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 Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Hawkins Henson
Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson
Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick E Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra E Marin Y Martin Y Maxwell Y Mayo Y McCall E McClain
Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A E Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw
Sims
Y Smyre Y Spencer
Stephens, M Y Stephens, R
Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D E Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites E Watson Y Welch Y Weldon Y Werkheiser 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 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 726. By Representative Cheokas of the 138th:
A RESOLUTION recognizing and commending Georgos Panagiotidis, Consul of the Greek Government, on the grand occasion of Greek Independence Day 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:
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HR 709 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 709. By Representatives Wilkerson of the 38th, Evans of the 42nd, Bruce of the 61st, Jones of the 53rd, Dollar of the 45th and others:
A RESOLUTION congratulating the McEachern High School Lady Indians Basketball Team for their excellent performance at the Class AAAAAA State Championship game 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 727. By Representative Hitchens of the 161st:
A RESOLUTION recognizing, honoring, and commending Clyde Green Chapman and Theron C. Chapman on the occasion of their 70th wedding anniversary; and for other purposes.
HR 728. By Representatives Bentley of the 139th, Scott of the 76th, Glanton of the 75th, Waites of the 60th and Stovall of the 74th:
A RESOLUTION commending Ladies of Favor; and for other purposes.
HR 729. By Representatives Bentley of the 139th, Scott of the 76th, Glanton of the 75th, Waites of the 60th and Stovall of the 74th:
A RESOLUTION commending Gabrielle F. Starr; and for other purposes.
HR 730. By Representative Marin of the 96th:
A RESOLUTION commending Latino media and recognizing March 24, 2015, as Latino Media Day at the state capitol; and for other purposes.
HR 731. By Representatives Rogers of the 10th and Gasaway of the 28th:
A RESOLUTION commending Prevent Child Abuse Habersham and recognizing April, 2015, as Prevent Child Abuse Awareness Month at the state capitol; and for other purposes.
FRIDAY, MARCH 20, 2015
2767
HR 732. By Representatives Scott of the 76th, Jordan of the 77th, Waites of the 60th, Stovall of the 74th, Douglas of the 78th and others:
A RESOLUTION honoring the life and memory of Willie Lawrence Dawson; and for other purposes.
HR 733. By Representatives Scott of the 76th, Douglas of the 78th and Jordan of the 77th:
A RESOLUTION recognizing and commending Mildred Clemons Schmelz on her outstanding public service; and for other purposes.
HR 734. By Representatives Scott of the 76th, Jordan of the 77th, Waites of the 60th, Stovall of the 74th, Douglas of the 78th and others:
A RESOLUTION honoring the life and memory of Darryl Deon Wallace; and for other purposes.
HR 735. By Representatives Barr of the 103rd, Rogers of the 29th, Dunahoo of the 30th, Duncan of the 26th, Hawkins of the 27th and others:
A RESOLUTION commending Corporal Jason Roberson of the Georgia Department of Natural Resources Law Enforcement Division on being named the 2014 Boating Safety Officer the Year; and for other purposes.
HR 736. By Representatives Petrea of the 166th, Stephens of the 164th, Hitchens of the 161st, Gordon of the 163rd, Stephens of the 165th and others:
A RESOLUTION congratulating the Benedictine High School Cadets football team for winning the 2014 Class AA State Championship; and for other purposes.
HR 737. By Representatives Corbett of the 174th, Carter of the 175th and Shaw of the 176th:
A RESOLUTION recognizing and commending the Georgia Christian School girls basketball team on winning the GISA Class AA State Championship; and for other purposes.
HR 738. By Representative Pruett of the 149th:
A RESOLUTION recognizing and commending Mr. Eddie Selph on the grand occasion of his retirement; and for other purposes.
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HR 739. By Representatives Willard of the 51st and Wilkinson of the 52nd:
A RESOLUTION congratulating and commending Boy Scout Troop 463 of Sandy Springs, Georgia, on its 50th anniversary; and for other purposes.
HR 740. By Representative Tanner of the 9th:
A RESOLUTION commending Donna and Tony Gerrish and their family for their efforts to eradicate aggressive driving in Georgia; and for other purposes.
HR 741. By Representative Parrish of the 158th:
A RESOLUTION honoring the life and memory of J. Carlton Jay Lawson; and for other purposes.
HR 742. By Representatives Dempsey of the 13th, Lumsden of the 12th, Hitchens of the 161st, Coomer of the 14th, O`Neal of the 146th and others:
A RESOLUTION commending Dr. Daniel Todd for providing excellent veterinary care to Floyd County Law Enforcement and Georgia State Patrol service dogs; 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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 69 Do Pass
Respectfully submitted, /s/ Yates of the 73rd
Chairman
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
FRIDAY, MARCH 20, 2015
2769
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 76. 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 be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016; 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.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, March 23, 2015, 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 23, 2015.
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Representative Hall, Atlanta, Georgia
Monday, March 23, 2015
Thirty-Fourth Legislative Day
The House met pursuant to adjournment at 10:00 o'clock, A.M.
The House stood at ease until 10:15 o'clock, A.M.
The Speaker called the House to order.
The roll was called and the following Representatives answered to their names:
Abrams Alexander Allison Anderson Atwood Ballinger Barr Battles E Beasley-Teague Bell Belton E Bennett Bentley Benton Beskin Beverly Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell E Carson Carter E Casas Chandler Cheokas Clark, D Clark, H Clark, V
Coleman Cooke Coomer Cooper Corbett E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon E Dukes Dunahoo Duncan Ealum Efstration England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway E Geisinger Glanton Golick Gordon Gravley
Greene Hamilton E Harbin Harden Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, S Jordan Kaiser Kelley Kendrick Kidd Knight LaRiccia Lumsden Mabra Marin E Martin Maxwell Mayo McCall McClain
Meadows Mitchell Morris Nimmer Nix Oliver O'Neal Parrish Parsons Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice E Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sims
Smith, E Smith, L Smith, R Smyre Spencer Stephens, M E Stephenson Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner Waites Watson Welch Weldon Werkheiser 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:
MONDAY, MARCH 23, 2015
2771
Representatives Ehrhart of the 36th, Harrell of the 106th, Jacobs of the 80th, Kirby of the 114th, Mosby of the 83rd, and Pak of the 108th.
They wished to be recorded as present.
Prayer was offered by Reverend Mike Stone, Pastor, Emmanuel Baptist Church, Blackshear, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 639. By Representative Jasperse of the 11th:
A BILL to be entitled an Act to provide that the clerk of the Magistrate Court of Pickens County shall be appointed by and serve at the pleasure of the chief magistrate; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Intragovernmental Coordination - Local.
HB 640. By Representatives Chandler of the 105th, Efstration of the 104th, Kendrick of the 93rd, Clark of the 101st, Clark of the 98th and others:
A BILL to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 3722), so as to change provisions relating to the salary supplements for the judges of the Gwinnett Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 641. By Representatives Knight of the 130th and Yates of the 73rd:
A BILL to be entitled an Act to authorize the governing authority of Spalding 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 642. By Representative Rhodes of the 120th:
A BILL to be entitled an Act to amend an Act providing for the Magistrate Court of Putnam County, approved March 12, 1984 (Ga. L. 1984, p. 3788), as amended, so as to revise the number, manner of selection, and compensation of the judges of the magistrate court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 724. By Representative Pak of the 108th:
A RESOLUTION creating the House Study Committee on Cyber Security and Privacy; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
MONDAY, MARCH 23, 2015
2773
HR 725. By Representatives Dickey of the 140th, Peake of the 141st and Holmes of the 129th:
A RESOLUTION honoring the life and memory of Mr. Michael Andrew Norris and dedicating a road in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 743. By Representatives Tankersley of the 160th, Rynders of the 152nd, Hamilton of the 24th, Oliver of the 82nd and Meadows of the 5th:
A RESOLUTION creating the House Study Committee on Annexation, Deannexation, and Incorporation; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HR 744. By Representative Tanner of the 9th:
A RESOLUTION creating the House Study Committee on the Use of Drones; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
By unanimous consent, the following Bills and Resolution of the House were read the second time:
HB 631 HB 633 HB 636 HB 638
HB 632 HB 634 HB 637 HR 707
Representative Tankersley of the 160th 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 618 HB 623 HB 626
Do Pass Do Pass Do Pass
HB 619 HB 625 HB 628
Do Pass Do Pass Do Pass
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HB 630 Do Pass SB 211 Do Pass
SB 197 SB 212
Do Pass Do Pass
Respectfully submitted, /s/ Tankersley of the 160th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR MONDAY, MARCH 23, 2015
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
None
Modified Structured Rule
HR 601 SB 62 SB 112
House Study Committee on Saltwater Intrusion into Coastal Aquifers; create (NR&E-Smith-70th) Probate Courts; remove certain limitations on the jurisdiction of the probate courts over the game and fish violations (GF&P-Shaw-176th) Harper-7th Wildlife; general hunting provisions; prohibit the removal, transportation; game animal or game bird carcasses (GF&P-Knight-130th) Harper-7th
Structured Rule
None
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
MONDAY, MARCH 23, 2015
2775
Respectfully submitted, /s/ Meadows of the 5th
Chairman
Representative Fludd of the 64th moved that the following Bill of the House be withdrawn from the Local Calendar and recommitted to the Committee on Intragovernmental Coordination - Local:
HB 628. By Representatives Raffensperger of the 50th, Wilkinson of the 52nd, Jones of the 47th, Geisinger of the 48th, Dollar of the 45th 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 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.
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 E Beasley-Teague Y Bell N Belton E Bennett Y Bentley N Benton
Beskin Y Beverly N Broadrick N Brockway Y Brooks Y Bruce Y Bryant Y Buckner N Burns N Caldwell, J N Caldwell, M N Cantrell
N Coomer N Cooper N Corbett E Dawkins-Haigler N Deffenbaugh N Dempsey Y Dickerson N Dickey N Dickson N Dollar Y Douglas Y Drenner N Dudgeon E Dukes N Dunahoo N Duncan Y Ealum N Efstration N Ehrhart N England N Epps Y Evans
Fleming Y Floyd Y Fludd Y Frazier
E Harbin N Harden N Harrell
Hatchett N Hawkins E Henson N Hightower N Hitchens
Holcomb N Holmes N Houston Y Howard Y Hugley
Jackson N Jacobs N Jasperse N Jones, J N Jones, J.B.
Jones, L Y Jones, S Y Jordan N Kaiser N Kelley Y Kendrick Y Kidd N Kirby
N Meadows Y Mitchell
Morris Y Mosby
Nimmer N Nix Y Oliver N O'Neal N Pak N Parrish N Parsons N Peake N Petrea N Pezold
Powell, A N Powell, J Y Prince Y Pruett N Quick N Raffensperger N Rakestraw N Ramsey Y Randall N Reeves N Rhodes N Rice
Y Smith, E N Smith, L Y Smith, M N Smith, R Y Smyre N Spencer
Stephens, M Stephens, R E Stephenson Y Stovall N Stover N Strickland N Tankersley N Tanner N Tarvin N Taylor, D N Taylor, T N Teasley Y Thomas, A.M. N Thomas, E Y Trammell N Turner Waites N Watson N Welch N Weldon
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JOURNAL OF THE HOUSE
E Carson N Carter E Casas N Chandler N Cheokas N Clark, D N Clark, H N Clark, V N Coleman N Cooke
Y Frye Y Gardner N Gasaway E Geisinger Y Glanton
Golick Y Gordon N Gravley N Greene N Hamilton
N Knight LaRiccia
N Lumsden Y Mabra Y Marin E Martin N Maxwell Y Mayo
McCall Y McClain
E Roberts N Rogers, C N Rogers, T N Rutledge N Rynders Y Scott N Setzler Y Sharper N Shaw N Sims
N Werkheiser 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 50, nays 102.
The motion was lost.
Representative Fludd of the 64th moved that the following Bill of the House be withdrawn from the Local Calendar and recommitted to the Committee on Intragovernmental Coordination - Local:
HB 630. By Representatives Raffensperger of the 50th, Wilkinson of the 52nd, Jones of the 47th, Dollar of the 45th, Geisinger of the 48th and others:
A BILL to be entitled an Act to provide a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $30,000.00 of the assessed value of the homestead after a two-year phase in for certain residents of that county 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.
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 E Beasley-Teague Y Bell N Belton E Bennett N Bentley
Benton Beskin Y Beverly
N Coomer N Cooper N Corbett E Dawkins-Haigler N Deffenbaugh N Dempsey Y Dickerson N Dickey N Dickson N Dollar Y Douglas Y Drenner N Dudgeon E Dukes N Dunahoo N Duncan
E Harbin N Harden N Harrell
Hatchett N Hawkins E Henson N Hightower N Hitchens Y Holcomb N Holmes N Houston Y Howard Y Hugley
Jackson N Jacobs N Jasperse
N Meadows Y Mitchell
Morris Y Mosby N Nimmer N Nix Y Oliver N O'Neal N Pak N Parrish N Parsons N Peake N Petrea N Pezold
Powell, A N Powell, J
Y Smith, E N Smith, L Y Smith, M N Smith, R
Smyre N Spencer
Stephens, M Stephens, R E Stephenson Y Stovall N Stover N Strickland N Tankersley N Tanner N Tarvin N Taylor, D
MONDAY, MARCH 23, 2015
2777
N Broadrick N Brockway Y Brooks Y Bruce Y Bryant Y Buckner N Burns N Caldwell, J N Caldwell, M N Cantrell E Carson N Carter E Casas N Chandler N Cheokas N Clark, D N Clark, H N Clark, V N Coleman N Cooke
Y Ealum N Efstration N Ehrhart N England N Epps Y Evans
Fleming Floyd Y Fludd Y Frazier Y Frye Y Gardner N Gasaway E Geisinger Y Glanton Golick Y Gordon N Gravley N Greene N Hamilton
N Jones, J N Jones, J.B.
Jones, L Y Jones, S Y Jordan
Kaiser N Kelley Y Kendrick Y Kidd N Kirby N Knight N LaRiccia N Lumsden Y Mabra Y Marin E Martin N Maxwell Y Mayo
McCall Y McClain
Y Prince Y Pruett N Quick N Raffensperger N Rakestraw N Ramsey Y Randall N Reeves N Rhodes N Rice E Roberts N Rogers, C N Rogers, T N Rutledge N Rynders Y Scott N Setzler Y Sharper N Shaw N Sims
N Taylor, T N Teasley Y Thomas, A.M. N Thomas, E Y Trammell N Turner
Waites N Watson N Welch N Weldon N Werkheiser 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 48, nays 103.
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 618. By Representative Dukes of the 154th:
A BILL to be entitled an Act to provide for the compensation of the chairperson and members of the Seminole County Board of Education; to 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 Representative Epps of the 144th:
A BILL to be entitled an Act to create the Cochran/Bleckley Airport Authority; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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JOURNAL OF THE HOUSE
HB 623. By Representatives Epps of the 144th, 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 known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, so as to revise the powers of the authority; to provide for the ability to operate a storm water utility; 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 625. By Representatives Frye of the 118th, Quick of the 117th and Williams of the 119th:
A BILL to be entitled an Act to amend an Act providing for the merger of the existing independent school system of the City of Athens and the existing school district in the County of Clarke, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4743), so as to provide for the authority of the superintendent to purchase supplies, hire labor, and make repairs to facilities and to solicit and receive proposals for the purchase of professional services; to provide definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 626. By Representative Shaw of the 176th:
A BILL to be entitled an Act to provide a new charter for the City of Lakeland; to provide for incorporation, boundaries, and powers of the city; 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 628. By Representatives Raffensperger of the 50th, Wilkinson of the 52nd, Jones of the 47th, Geisinger of the 48th, Dollar of the 45th and others:
MONDAY, MARCH 23, 2015
2779
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 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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 630. By Representatives Raffensperger of the 50th, Wilkinson of the 52nd, Jones of the 47th, Dollar of the 45th, Geisinger of the 48th and others:
A BILL to be entitled an Act to provide a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $30,000.00 of the assessed value of the homestead after a two-year phase in for certain residents of that county 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.
SB 197. By Senator Unterman of the 45th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Buford," approved June 3, 2003 (Ga. L. 2003, p. 4622), so as to provide for the corporate boundaries; to 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 211. By Senator Stone of the 23rd:
A BILL to be entitled an Act to amend an Act placing the county officers of McDuffie County on an annual salary, approved March 9, 1959 (Ga. L. 1959, p. 2568), as amended, particularly by an Act approved March 21, 1989 (Ga.
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JOURNAL OF THE HOUSE
L. 1989, p. 3899), so as to change the annual salary of the coroner of McDuffie County; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 212. By Senator Kirk of the 13th:
A BILL to be entitled an Act to provide a new charter for the City of Leslie; to provide for incorporation, boundaries, and powers of the city; to provide for other matters relative to the foregoing; to repeal a specific law; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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 N Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague N Bell Y Belton E Bennett N Bentley Y Benton Y Beskin N Beverly Y Broadrick Y Brockway N Brooks N Bruce N Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell E Carson Y Carter E Casas
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon E Dukes Y Dunahoo Y Duncan N Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming N Floyd N Fludd N Frazier Y Frye N Gardner Y Gasaway
E Harbin Y Harden Y Harrell
Hatchett Y Hawkins N Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston N Howard N Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L N Jones, S N Jordan
Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden
Y Meadows N Mitchell Y Morris N Mosby E Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice E Roberts Y Rogers, C Y Rogers, T
N Smith, E Y Smith, L
Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M
Stephens, R E Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, E N Trammell Y Turner N Waites Y Watson Y Welch Y Weldon Y Werkheiser N Wilkerson Y Wilkinson
MONDAY, MARCH 23, 2015
2781
Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
E Geisinger N Glanton
Golick N Gordon Y Gravley Y Greene Y Hamilton
N Mabra N Marin E Martin Y Maxwell N Mayo
McCall N McClain
Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sims
Y Willard Williams, A
Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bills, the ayes were 114, nays 44.
HB 618, HB 619, HB 623, HB 625, HB 626, SB 197, SB 211, and SB 212, having received the requisite constitutional majority, were passed.
HB 628 and HB 630, having failed to receive the requisite constitutional majority, were lost.
Representative Raffensperger of the 50th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:
HB 628. By Representatives Raffensperger of the 50th, Wilkinson of the 52nd, Jones of the 47th, Geisinger of the 48th, Dollar of the 45th 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 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.
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 N Battles E Beasley-Teague N Bell Y Belton E Bennett N Bentley Y Benton
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon N Dukes
E Harbin Y Harden Y Harrell
Hatchett Y Hawkins N Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston N Howard N Hugley
Jackson
Y Meadows N Mitchell Y Morris N Mosby E Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold
N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M
Stephens, R E Stephenson N Stovall Y Stover Y Strickland Y Tankersley Y Tanner
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Y Beskin N Beverly Y Broadrick Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell E Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Dunahoo Y Duncan N Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming N Floyd N Fludd N Frazier N Frye N Gardner Y Gasaway E Geisinger N Glanton
Golick N Gordon Y Gravley Y Greene Y Hamilton
Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L N Jones, S N Jordan
Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden N Mabra N Marin E Martin N Maxwell N Mayo Y McCall N McClain
Y Powell, A Y Powell, J N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice E Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sims
Y Tarvin Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, E N Trammell Y Turner N Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 107, nays 55.
The motion prevailed.
Representative Setzler of the 35th moved that HB 628 be placed upon the table.
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 E Beasley-Teague N Bell Y Belton E Bennett N Bentley Y Benton Y Beskin N Beverly Y Broadrick Y Brockway N Brooks N Bruce N Bryant N Buckner
Y Coomer Y Cooper Y Corbett 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 N Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans
E Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston N Howard N Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L N Jones, S N Jordan
Kaiser
Y Meadows N Mitchell Y Morris N Mosby E Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey
N Smith, E Y Smith, L N Smith, M Y Smith, R
Smyre Y Spencer N Stephens, M
Stephens, R E Stephenson N Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, E N Trammell Y Turner
MONDAY, MARCH 23, 2015
2783
Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell E Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Fleming N Floyd N Fludd N Frazier N Frye N Gardner Y Gasaway E Geisinger N Glanton Y Golick N Gordon Y Gravley Y Greene Y Hamilton
Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden N Mabra N Marin E Martin N Maxwell N Mayo Y McCall N McClain
N Randall Y Reeves Y Rhodes Y Rice E Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sims
N Waites Y Watson Y Welch Y Weldon Y Werkheiser N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson N Yates
Ralston, Speaker
On the motion, the ayes were 109, nays 54.
The motion prevailed.
Representative Raffensperger of the 50th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:
HB 630. By Representatives Raffensperger of the 50th, Wilkinson of the 52nd, Jones of the 47th, Dollar of the 45th, Geisinger of the 48th and others:
A BILL to be entitled an Act to provide a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $30,000.00 of the assessed value of the homestead after a two-year phase in for certain residents of that county 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.
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 E Beasley-Teague N Bell Y Belton E Bennett N Bentley
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon
E Harbin Y Harden
Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston N Howard N Hugley
Y Meadows N Mitchell
Morris Mosby E Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea
N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M
Stephens, R E Stephenson N Stovall Y Stover Y Strickland Y Tankersley
2784
JOURNAL OF THE HOUSE
Y Benton Y Beskin N Beverly Y Broadrick Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell E Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
N Dukes Y Dunahoo Y Duncan N Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming N Floyd N Fludd N Frazier N Frye N Gardner Y Gasaway E Geisinger N Glanton Y Golick N Gordon Y Gravley Y Greene Y Hamilton
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L N Jones, S N Jordan
Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden N Mabra N Marin E Martin Y Maxwell N Mayo Y McCall N McClain
Y Pezold Y Powell, A Y Powell, J N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice E Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sims
Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, E N Trammell Y Turner N Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 52.
The motion prevailed.
Representative Raffensperger of the 50th moved that HB 630 be placed upon the table.
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 E Beasley-Teague N Bell Y Belton E Bennett N Bentley Y Benton Y Beskin N Beverly Y Broadrick Y Brockway N Brooks N Bruce
Y Coomer Y Cooper Y Corbett 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 N Ealum Y Efstration Y Ehrhart Y England
E Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston N Howard N Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L N Jones, S
Y Meadows N Mitchell
Morris N Mosby E Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J N Prince Y Pruett Y Quick Y Raffensperger
N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M
Stephens, R E Stephenson N Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, E
MONDAY, MARCH 23, 2015
2785
N Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell E Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Epps N Evans Y Fleming N Floyd N Fludd N Frazier N Frye N Gardner Y Gasaway E Geisinger N Glanton Y Golick N Gordon Y Gravley Y Greene Y Hamilton
N Jordan Kaiser
Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden N Mabra N Marin E Martin Y Maxwell N Mayo Y McCall N McClain
Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice E Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sims
N Trammell Y Turner N Waites Y Watson Y Welch
Weldon Y Werkheiser N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson N Yates
Ralston, Speaker
On the motion, the ayes were 108, nays 54.
The motion prevailed.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 184. By Representatives Williamson of the 115th, Morris of the 156th, Fludd of the 64th, Knight of the 130th, Coomer of the 14th and others:
A BILL to be entitled an Act to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so to extensively revise said title; to provide for definitions relative to banking and finance; to provide for standards of notice for the Department of Banking and Finance; to provide for rules and regulations of the department; to provide for the deposit of funds in merchant acquirer limited purpose banks; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 573. By Representative Epps of the 144th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, so as to change the provisions regarding the compensation and expenses of the members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
2786
JOURNAL OF THE HOUSE
HB 574. By Representative Epps of the 144th:
A BILL to be entitled an Act to amend an Act providing an annual salary for the Sheriff of Twiggs County in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2546), as amended, particularly by an Act approved March 31, 1992 (Ga. L. 1992, p. 5140), so as to change the manner of fixing the compensation of employees of the sheriff's office; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 575. By Representatives Beverly of the 143rd, Epps of the 144th, Dickey of the 140th, Randall of the 142nd and Peake of the 141st:
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), as amended, 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 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 170. By Representatives Roberts of the 155th, Burns of the 159th, Hamilton of the 24th, England of the 116th, Hatchett of the 150th and others:
A BILL to be entitled an Act to amend various provisions of the O.C.G.A., so as to provide for additional revenue necessary for funding transportation purposes in this state; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic; to amend Chapter 12 of Title 45 of the O.C.G.A., relating to the Governor, so as to limit the Governor's power to suspend the collection of certain motor fuel taxes and require ratification by the General Assembly; to amend Title 48 of the O.C.G.A., relating to revenue and taxation; to amend Part 3 of Article 2 of Chapter 10 of Title 32 of the O.C.G.A., the "Georgia Transportation Infrastructure Bank Act," so as to provide new criteria for determination of eligible projects by the Transportation Infrastructure Bank; to provide for a short title; 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 Setzler of the 35th, Williams of the 87th, Stovall of the 74th, Harden of the 148th, Meadows of the 5th et al, Willard of the 51st, Mitchell of the 88th, Fludd of the 64th, Thomas of the 39th, Bentley of the 139th, and Beverly of the 143rd.
MONDAY, MARCH 23, 2015
2787
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 76. 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 be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016; 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.
The following Senate substitute was read:
2788
JOURNAL OF THE HOUSE
SENATE APPROPRIATIONS COMMITTEE SUBSTITUTE TO H.B. 76 A BILL TO BE ENTITLED AN ACT
To make and provide appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016; 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, 2015, and ending June 30, 2016, as prescribed hereinafter for such fiscal year:
HB 76 (FY 2016G)
Governor House
SAC
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
$21,782,964,314 $21,782,964,314 $21,782,964,314
$19,219,341,203 $19,219,341,203 $19,219,341,203
$1,003,353,791 $1,003,353,791 $1,003,353,791
$977,772,176 $977,772,176 $977,772,176
$140,814,002 $140,814,002 $140,814,002
$1,458,567
$1,458,567
$1,458,567
$167,969,114 $167,969,114 $167,969,114
$272,255,461 $272,255,461 $272,255,461
$13,323,773,015 $13,272,036,019 $13,296,475,131
$3,805,520,687 $3,809,294,412 $3,809,241,499
$101,640,586 $101,640,586 $101,640,586
$1,166,080
$1,166,080
$1,166,080
$109,580,578 $109,580,578 $109,580,578
$12,821,448 $12,821,448 $12,821,448
$14,163,709 $14,163,709 $14,163,709
MONDAY, MARCH 23, 2015
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 TANF Transfers to Social Services Block Grant per 42 USC 604 FFIND Temp. Assistance for Needy Families CFDA93.558 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
$16,526,699 $1,526,296,548
$87,072,222 $55,866,874 $16,884,236 $6,628,058,181 $47,733,582
$2,403,579 $52,778,456 $40,481,142 $425,580,978 $356,232,501 $348,677,998
$7,554,503 $22,964,929 $5,796,465,155
$7,193,907 $7,193,907 $1,591,218 $1,591,218 $4,402,800 $4,402,800 $2,443,121,867 $214,057,828 $2,012,046,274 $217,017,765 $263,611,746 $263,611,746 $1,581,839 $1,581,839 $3,070,694,089
$592,381 $984,695,725
$16,526,699 $1,526,296,548
$87,072,222 $55,866,874 $16,884,236 $6,572,547,460 $47,733,582
$2,403,579 $52,778,456 $40,481,142 $425,580,978 $356,232,501 $348,677,998
$7,554,503 $22,964,929 $5,804,024,193
$7,193,907 $7,193,907 $5,562,218 $5,562,218 $4,402,800 $4,402,800 $2,443,121,867 $214,057,828 $2,012,046,274 $217,017,765 $263,611,746 $263,611,746 $1,581,839 $1,581,839 $3,074,282,127
$592,381 $988,283,763
$16,526,699 $1,526,296,548
$87,072,222 $55,866,874 $16,884,236 $6,597,039,485 $47,733,582
$2,403,579 $52,778,456 $40,481,142 $425,580,978 $356,232,501 $348,677,998
$7,554,503 $22,964,929 $5,800,477,705
$7,193,907 $7,193,907 $5,562,218 $5,562,218 $4,402,800 $4,402,800 $2,443,121,867 $214,057,828 $2,012,046,274 $217,017,765 $263,611,746 $263,611,746 $1,581,839 $1,581,839 $3,070,735,639
$592,381 $984,737,275
2789
2790
JOURNAL OF THE HOUSE
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 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 Medical Assistance Program CFDA93.778
Federal Funds Indirect FFIND Community Services Block Grant CFDA93.569 FFIND Preventive Health & Health Services Block Grant CFDA93.991
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
$2,085,405,983 $2,085,405,983 $2,085,405,983
$4,267,689
$4,267,689
$4,267,689
$4,267,689
$4,267,689
$4,267,689
$3,702,962,116 $3,804,479,379 $3,804,033,979
$3,696,127,871 $3,797,952,871 $3,797,507,471
$68,956,023 $68,956,023 $68,956,023
$18,799,892 $18,799,892 $18,354,492
$8,637,302
$8,637,302
$8,637,302
$3,118,097,699 $3,219,922,699 $3,219,922,699
$33,927,991 $33,927,991 $33,927,991
$9,808,379
$9,808,379
$9,808,379
$280,857,262 $280,857,262 $280,857,262
$55,273,576 $55,273,576 $55,273,576
$12,666,404 $12,666,404 $12,666,404
$89,103,343 $89,103,343 $89,103,343
$1,851,372
$1,851,372
$1,851,372
$1,851,372
$1,851,372
$1,851,372
$2,569,120
$2,261,383
$2,261,383
$2,217,962
$1,910,225
$1,910,225
$351,158
$351,158
$351,158
$2,413,753
$2,413,753
$2,413,753
$2,223,236
$2,223,236
$2,223,236
$190,517
$190,517
$190,517
$40,903,202,484 $40,859,024,526 $40,879,917,150
$946,219,694 $912,521,698
($2,403,743) $29,824,124 ($1,647,828)
($325,497) $212,713 $8,038,227
$946,219,694 $912,521,698
($2,403,743) $29,824,124 ($1,647,828)
($325,497) $212,713 $8,038,227
$946,219,694 $912,521,698
($2,403,743) $29,824,124 ($1,647,828)
($325,497) $212,713 $8,038,227
MONDAY, MARCH 23, 2015
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 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 Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments Agency to Agency Contracts Health Insurance Payments Retirement Payments Agency Funds Transfers Agency Fund Transfers Not Itemized Federal Funds Transfers Federal Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
Reconciliation of Fund Availability to Fund Application
Section 1: Georgia Senate
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$471,433,833 $419,696,837 $444,135,949
$351,816
$4,125,541
$4,072,628
$9,160,870
$9,160,870
$9,160,870
$368,954,854 $313,444,133 $337,936,158
$92,966,293 $92,966,293 $92,966,293
($5,346,179) $2,212,859 ($1,333,629)
$0
$3,971,000
$3,971,000
$0
$3,971,000
$3,971,000
($5,760,839) ($5,760,839) ($5,760,839)
($5,760,839) ($5,760,839) ($5,760,839)
$414,660
$4,002,698
$456,210
$414,660
$4,002,698
$456,210
($51,007,652) $50,509,611 $50,064,211
($51,779,452) $50,045,548 $49,600,148
$1,657,523
$1,657,523
$1,212,123
$245,355
$245,355
$245,355
($54,875,527) $46,949,473 $46,949,473
$1,193,197
$1,193,197
$1,193,197
$771,800
$771,800
$771,800
$771,800
$771,800
$771,800
$0
($307,737)
($307,737)
$0
($307,737)
($307,737)
$1,361,299,696 $1,418,639,001 $1,439,086,225
Section Total - Continuation
$10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835
$10,585,835 $10,585,835 $10,585,835
2791
2792
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Final
$10,585,835 $10,585,835 $10,585,835
$10,585,835 $10,585,835 $10,585,835
$10,770,129 $10,770,129 $10,770,129
Lieutenant Governor's Office
Continuation Budget
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$1,256,003 $1,256,003 $1,256,003
$1,256,003 $1,256,003 $1,256,003
$1,256,003 $1,256,003 $1,256,003
1.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$14,592
1.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$8,197
1.100 -Lieutenant Governor's Office TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS
$1,256,003 $1,256,003 $1,256,003
Appropriation (HB 76)
$1,256,003
$1,278,792
$1,256,003
$1,278,792
$1,256,003
$1,278,792
Secretary of the Senate's Office
Continuation Budget
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$1,147,666 $1,147,666 $1,147,666
$1,147,666 $1,147,666 $1,147,666
$1,147,666 $1,147,666 $1,147,666
2.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$14,879
2.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$7,781
MONDAY, MARCH 23, 2015
2.100 -Secretary of the Senate's Office TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS
$1,147,666 $1,147,666 $1,147,666
Appropriation (HB 76)
$1,147,666
$1,170,326
$1,147,666
$1,170,326
$1,147,666
$1,170,326
Senate
Continuation Budget
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$7,115,031 $7,115,031 $7,115,031
$7,115,031 $7,115,031 $7,115,031
$7,115,031 $7,115,031 $7,115,031
3.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$60,988
3.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$52,457
3.100 -Senate TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS
$7,115,031 $7,115,031 $7,115,031
Appropriation (HB 76)
$7,115,031
$7,228,476
$7,115,031
$7,228,476
$7,115,031
$7,228,476
Senate Budget and Evaluation Office
Continuation Budget
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
$1,067,135 $1,067,135 $1,067,135
$1,067,135 $1,067,135 $1,067,135
$1,067,135 $1,067,135 $1,067,135
4.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$15,686
4.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$9,714
2793
2794
JOURNAL OF THE HOUSE
4.100 -Senate Budget and Evaluation Office
Appropriation (HB 76)
The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate.
TOTAL STATE FUNDS
$1,067,135
$1,067,135
$1,092,535
State General Funds
$1,067,135
$1,067,135
$1,092,535
TOTAL PUBLIC FUNDS
$1,067,135
$1,067,135
$1,092,535
Section 2: Georgia House of Representatives
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Continuation
$18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323
$18,705,323 $18,705,323 $18,705,323
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Final
$18,705,323 $18,705,323 $18,705,323
$18,967,403 $18,967,403 $18,967,403
$18,967,403 $18,967,403 $18,967,403
House of Representatives
Continuation Budget
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$18,705,323 $18,705,323 $18,705,323
$18,705,323 $18,705,323 $18,705,323
$18,705,323 $18,705,323 $18,705,323
5.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$134,167
$134,167
5.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$127,913
$127,913
5.100-House of Representatives TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS
$18,705,323 $18,705,323 $18,705,323
Appropriation (HB 76)
$18,967,403 $18,967,403 $18,967,403 $18,967,403 $18,967,403 $18,967,403
MONDAY, MARCH 23, 2015
Section 3: Georgia General Assembly Joint Offices
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Continuation
$10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865
$10,043,865 $10,043,865 $10,043,865
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Final
$10,043,865 $10,043,865 $10,043,865
$10,536,381 $10,536,381 $10,536,381
$10,536,381 $10,536,381 $10,536,381
Ancillary Activities
Continuation Budget
The purpose of this appropriation is to provide services for the legislative branch of government.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$5,734,042 $5,734,042 $5,734,042
$5,734,042 $5,734,042 $5,734,042
$5,734,042 $5,734,042 $5,734,042
6.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$24,910
$24,910
6.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$16,340
$16,340
6.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$1,754
$1,754
6.100 -Ancillary Activities
The purpose of this appropriation is to provide services for the legislative branch of government.
TOTAL STATE FUNDS
$5,734,042
State General Funds
$5,734,042
TOTAL PUBLIC FUNDS
$5,734,042
Appropriation (HB 76)
$5,777,046 $5,777,046 $5,777,046
$5,777,046 $5,777,046 $5,777,046
2795
2796
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
$1,273,514 $1,273,514 $1,273,514
$1,273,514 $1,273,514 $1,273,514
$1,273,514 $1,273,514 $1,273,514
7.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$11,545
$11,545
7.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$7,470
$7,470
7.3 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$9,475
$9,475
7.100-Legislative Fiscal Office
Appropriation (HB 76)
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
$1,273,514
$1,302,004
$1,302,004
State General Funds
$1,273,514
$1,302,004
$1,302,004
TOTAL PUBLIC FUNDS
$1,273,514
$1,302,004
$1,302,004
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
$3,036,309 $3,036,309 $3,036,309
$3,036,309 $3,036,309 $3,036,309
$3,036,309 $3,036,309 $3,036,309
8.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$56,142
$56,142
8.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$364,880
$364,880
MONDAY, MARCH 23, 2015
2797
8.100 -Office of Legislative Counsel
Appropriation (HB 76)
The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly.
TOTAL STATE FUNDS
$3,036,309
$3,457,331
$3,457,331
State General Funds
$3,036,309
$3,457,331
$3,457,331
TOTAL PUBLIC FUNDS
$3,036,309
$3,457,331
$3,457,331
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
$33,450,200 $33,450,200
$33,450,200 $33,450,200
$640,000
$640,000
$640,000
$640,000
$640,000
$640,000
$34,090,200 $34,090,200
$33,450,200 $33,450,200
$640,000 $640,000 $640,000 $34,090,200
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$34,821,828 $34,821,828
$640,000 $640,000 $640,000 $35,461,828
$34,990,432 $34,990,432
$640,000 $640,000 $640,000 $35,630,432
$34,990,432 $34,990,432
$640,000 $640,000 $640,000 $35,630,432
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.
2798
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$29,241,479 $29,241,479
$640,000 $640,000 $640,000 $29,881,479
$29,241,479 $29,241,479
$640,000 $640,000 $640,000 $29,881,479
$29,241,479 $29,241,479
$640,000 $640,000 $640,000 $29,881,479
9.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$449,197
$400,172
$400,172
9.2 Increase funds for personnel and operations for local education audits.
State General Funds
$850,000
$850,000
$850,000
9.3 Transfer funds from the Audit and Assurance Services program to the Departmental Administration program ($578,910) and
Statewide Equalized Adjusted Property Tax Digest program ($152,669) for personnel.
State General Funds
($731,579)
($731,579)
($731,579)
9.4 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$156,250
$156,250
9.5 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($5,644)
($5,644)
9.6 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$7,023
$7,023
9.100 -Audit and Assurance Services
Appropriation (HB 76)
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
$29,809,097 $29,917,701 $29,917,701
State General Funds
$29,809,097 $29,917,701 $29,917,701
TOTAL AGENCY FUNDS
$640,000
$640,000
$640,000
MONDAY, MARCH 23, 2015
2799
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$640,000 $640,000 $30,449,097
$640,000 $640,000 $30,557,701
$640,000 $640,000 $30,557,701
Departmental Administration
Continuation Budget
The purpose of this appropriation is to provide administrative support to all Department programs.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$1,742,089 $1,742,089 $1,742,089
$1,742,089 $1,742,089 $1,742,089
$1,742,089 $1,742,089 $1,742,089
10.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$34,310
$34,310
$34,310
10.2 Transfer funds from the Audit and Assurance Services program to the Departmental Administration program for personnel.
State General Funds
$578,910
$578,910
$578,910
10.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$25,000
$25,000
10.100-Departmental Administration
The purpose of this appropriation is to provide administrative support to all Department programs.
TOTAL STATE FUNDS
$2,355,309
State General Funds
$2,355,309
TOTAL PUBLIC FUNDS
$2,355,309
Appropriation (HB 76)
$2,380,309 $2,380,309 $2,380,309
$2,380,309 $2,380,309 $2,380,309
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
2800
JOURNAL OF THE HOUSE
11.100-Immigration Enforcement Review Board
Appropriation (HB 76)
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
$251,872 $251,872 $251,872
$251,872 $251,872 $251,872
$251,872 $251,872 $251,872
12.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$688
$688
$688
12.100 -Legislative Services
Appropriation (HB 76)
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
$252,560
$252,560
$252,560
State General Funds
$252,560
$252,560
$252,560
TOTAL PUBLIC FUNDS
$252,560
$252,560
$252,560
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
MONDAY, MARCH 23, 2015
2801
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
$2,194,760 $2,194,760 $2,194,760
$2,194,760 $2,194,760 $2,194,760
$2,194,760 $2,194,760 $2,194,760
13.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$37,433
$37,433
$37,433
13.2 Transfer funds from the Audit and Assurance Services program to the Statewide Equalized Adjusted Property Tax Digest
program for personnel.
State General Funds
$152,669
$152,669
$152,669
13.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$35,000
$35,000
13.100 -Statewide Equalized Adjusted Property Tax Digest
Appropriation (HB 76)
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
$2,384,862
$2,419,862
$2,419,862
State General Funds
$2,384,862
$2,419,862
$2,419,862
TOTAL PUBLIC FUNDS
$2,384,862
$2,419,862
$2,419,862
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
$15,035,519 $15,035,519
$15,035,519 $15,035,519
$150,000
$150,000
$150,000
$150,000
$150,000
$150,000
$15,185,519 $15,185,519
$15,035,519 $15,035,519
$150,000 $150,000 $150,000 $15,185,519
2802
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$16,207,650 $16,207,650
$150,000 $150,000 $150,000 $16,357,650
$16,015,713 $16,015,713
$150,000 $150,000 $150,000 $16,165,713
$15,669,798 $15,669,798
$150,000 $150,000 $150,000 $15,819,798
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
$15,035,519 $15,035,519
$150,000 $150,000 $150,000 $15,185,519
$15,035,519 $15,035,519
$150,000 $150,000 $150,000 $15,185,519
$15,035,519 $15,035,519
$150,000 $150,000 $150,000 $15,185,519
14.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$175,809
$163,744
$163,744
14.2 Increase funds for personnel for a $10,000 salary enhancement to Appellate Court Judges' salaries. (H:Increase funds for
personnel for a $12,000 salary enhancement to Appellate Court Judges' salaries)(S:Increase funds for personnel for a 4% salary
enhancement to Appellate Court Judges' salaries)
State General Funds
$231,383
$277,659
$121,162
14.3 Increase funds for personnel for a $15,000 salary enhancement to match the Superior Court Judges' salary request.
State General Funds
$347,074
$0
$0
14.4 Increase funds for personnel to restore funds for one vacant full-time central staff attorney position.
State General Funds
$154,821
$154,821
$154,821
14.5 Increase funds for personnel to restore funds for one vacant full-time fiscal office position.
State General Funds
$69,418
$69,418
$0
MONDAY, MARCH 23, 2015
14.6 Increase funds for information technology to provide for increased costs of software maintenance for the docket system.
State General Funds
$6,750
$6,750
$6,750
14.7 Increase funds for trial court records maintenance.
State General Funds
$20,000
$20,000
$20,000
14.8 Increase funds for information technology for network maintenance costs due to the Supreme Court leaving the shared
network.
State General Funds
$36,876
$36,876
$36,876
14.9 Increase funds for six hours of continued legal education training for staff attorneys.
State General Funds
$10,000
$10,000
$10,000
14.10 Increase funds for one-time funding to convert microfilm court records to a searchable PDF format.
State General Funds
$120,000
$120,000
$0
14.11 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$101,312
$101,312
14.12 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$12,272
$12,272
14.13 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$7,342
$7,342
14.100 -Court of Appeals
Appropriation (HB 76)
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
$16,207,650 $16,015,713 $15,669,798
State General Funds
$16,207,650 $16,015,713 $15,669,798
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
$16,357,650 $16,165,713 $15,819,798
2803
2804
JOURNAL OF THE HOUSE
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
Section Total - Continuation
$13,461,113 $13,461,113
$13,461,113 $13,461,113
$2,552,935
$2,552,935
$2,552,935
$2,552,935
$1,144,998
$1,144,998
$1,144,998
$1,144,998
$1,144,998
$1,144,998
$17,159,046 $17,159,046
$13,461,113 $13,461,113
$2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $17,159,046
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
$15,550,528 $15,550,528
$2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $19,248,461
$15,588,693 $15,588,693
$2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $19,286,626
$15,380,043 $15,380,043
$2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $19,077,976
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
$438,057 $438,057 $438,057
$438,057 $438,057 $438,057
$438,057 $438,057 $438,057
15.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$14,317
$6,126
MONDAY, MARCH 23, 2015
2805
15.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$2,136
$2,136
15.100 -Accountability Courts
Appropriation (HB 76)
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
$438,057
$454,510
$446,319
State General Funds
$438,057
$454,510
$446,319
TOTAL PUBLIC FUNDS
$438,057
$454,510
$446,319
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 76)
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 AGENCY FUNDS Sales and Services
$172,890 $172,890
$172,890 $172,890
$172,890 $172,890
2806
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$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
$471,789 $471,789 $703,203 $703,203 $703,203 $1,174,992
$471,789 $471,789 $703,203 $703,203 $703,203 $1,174,992
$471,789 $471,789 $703,203 $703,203 $703,203 $1,174,992
17.1 Increase funds for operations to provide technology equipment for staff, replace aged technology equipment, and meet day-to-
day operating needs for services provided to multiple classes of court.
State General Funds
$21,230
$21,230
$0
17.2 Increase funds for personnel for one curricula specialist to assist the Institute of Continuing Judicial Education with
professional development of judges and court staff.
State General Funds
$49,990
$0
$0
17.3 Increase funds for one-time funding for the statewide cross-jurisdictional conference.
State General Funds
$51,800
$0
$0
17.100 -Institute of Continuing Judicial Education
Appropriation (HB 76)
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
$594,809
$493,019
$471,789
State General Funds
$594,809
$493,019
$471,789
TOTAL AGENCY FUNDS
$703,203
$703,203
$703,203
Sales and Services
$703,203
$703,203
$703,203
MONDAY, MARCH 23, 2015
2807
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$703,203 $1,298,012
$703,203 $1,196,222
$703,203 $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.
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
$11,223,561 $11,223,561
$2,552,935 $2,552,935
$268,905 $268,905 $268,905 $14,045,401
$11,223,561 $11,223,561
$2,552,935 $2,552,935
$268,905 $268,905 $268,905 $14,045,401
$11,223,561 $11,223,561
$2,552,935 $2,552,935
$268,905 $268,905 $268,905 $14,045,401
18.1 Increase funds to reflect the adjustment in the employer share of the Judicial Retirement System for the Council of State Court
Judges.
State General Funds
$975,040
$809,110
$809,110
18.2 Increase funds to continue the Cold Case Project, in conjunction with other agencies serving children in state custody, which
will seek to identify children most likely to age out of foster care without a family.
State General Funds
$175,000
$175,000
$210,000
18.3 Increase funds for information technology to support web hosting for the Access to Courts Filing Wizard.
State General Funds
$10,000
$10,000
$0
18.4 Increase funds for personnel for one executive director position and associated operating expenses for the Council of Probate
Court Judges.
State General Funds
$113,642
$0
$0
18.5 Increase funds for grants for civil legal services to victims of domestic violence.
State General Funds
$386,251
$386,251
$193,126
2808
JOURNAL OF THE HOUSE
18.6 Increase funds for the Council of Municipal Court Judges for continued strategic business and information technology
planning, publication of Standard Operating Procedures, and executive committee and district representative travel related to district
functions. (H:Increase funds for the Council of Municipal Court Judges for publication of Standard Operating Procedures, and
executive committee and district representative travel related to district functions)
State General Funds
$21,795
$11,795
$0
18.7 Increase funds for personnel for three new compliance monitor positions and operations to effectively and efficiently register
and regulate misdemeanor probation providers.
State General Funds
$277,167
$277,167
$277,167
18.8 Increase funds to improve and expand training for members of the Georgia Council of Court Administrators.
State General Funds
$7,500
$7,500
$0
18.9 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$318,853
$329,738
18.10 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$43,218
$43,218
18.11 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$43,951
$43,951
18.12 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$1,641
$1,641
18.100 -Judicial Council
Appropriation (HB 76)
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
$13,189,956 $13,308,047 $13,131,512
State General Funds
$13,189,956 $13,308,047 $13,131,512
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
Sales and Services
$268,905
$268,905
$268,905
MONDAY, MARCH 23, 2015
2809
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$268,905 $16,011,796
$268,905 $16,129,887
$268,905 $15,953,352
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
$527,706 $527,706 $527,706
$527,706 $527,706 $527,706
$527,706 $527,706 $527,706
19.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$4,709
$2,015
19.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$702
$702
19.100-Judicial Qualifications Commission
Appropriation (HB 76)
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
$527,706
$533,117
$530,423
State General Funds
$527,706
$533,117
$530,423
TOTAL PUBLIC FUNDS
$527,706
$533,117
$530,423
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.
2810
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
20.100 -Resource Center
Appropriation (HB 76)
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 Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Continuation
$7,029,264
$7,029,264
$7,029,264
$7,029,264
$447,456
$447,456
$447,456
$447,456
$7,476,720
$7,476,720
$7,029,264 $7,029,264
$447,456 $447,456 $7,476,720
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$7,596,573 $7,596,573
$447,456 $447,456 $8,044,029
$7,606,988 $7,606,988
$447,456 $447,456 $8,054,444
$7,606,988 $7,606,988
$447,456 $447,456 $8,054,444
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
$1,493,806 $1,493,806
$447,456
$1,493,806 $1,493,806
$447,456
$1,493,806 $1,493,806
$447,456
MONDAY, MARCH 23, 2015
2811
Federal Funds Not Itemized TOTAL PUBLIC FUNDS
$447,456 $1,941,262
$447,456 $1,941,262
$447,456 $1,941,262
21.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$49,434
$49,434
$49,434
21.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$10,415
$10,415
21.100 -Council of Juvenile Court Judges
Appropriation (HB 76)
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
$1,543,240
$1,553,655
$1,553,655
State General Funds
$1,543,240
$1,553,655
$1,553,655
TOTAL FEDERAL FUNDS
$447,456
$447,456
$447,456
Federal Funds Not Itemized
$447,456
$447,456
$447,456
TOTAL PUBLIC FUNDS
$1,990,696
$2,001,111
$2,001,111
Grants to Counties for Juvenile Court Judges
Continuation Budget
The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$5,535,458 $5,535,458 $5,535,458
$5,535,458 $5,535,458 $5,535,458
$5,535,458 $5,535,458 $5,535,458
22.1 Increase funds to reflect an adjustment in the employer share of the Judicial Retirement System.
State General Funds
$496,625
$496,625
$496,625
22.2 Increase funds for Grants to Counties for Juvenile Court Judges pursuant to O.C.G.A. 15-11-52 effective January 1, 2015.
State General Funds
$21,250
$21,250
$21,250
22.100 -Grants to Counties for Juvenile Court Judges
Appropriation (HB 76)
The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries.
2812
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$6,053,333 $6,053,333 $6,053,333
$6,053,333 $6,053,333 $6,053,333
$6,053,333 $6,053,333 $6,053,333
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
Section Total - Continuation
$67,200,857 $67,200,857
$67,200,857 $67,200,857
$1,802,127
$1,802,127
$1,802,127
$1,802,127
$1,802,127
$1,802,127
$69,002,984 $69,002,984
$67,200,857 $67,200,857
$1,802,127 $1,802,127 $1,802,127 $69,002,984
TOTAL STATE FUNDS State General Funds
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
$72,044,659 $72,044,659
$2,047,482 $245,355 $245,355
$1,802,127 $1,802,127 $74,092,141
$70,026,029 $70,026,029
$2,047,482 $245,355 $245,355
$1,802,127 $1,802,127 $72,073,511
$70,660,663 $70,660,663
$2,047,482 $245,355 $245,355
$1,802,127 $1,802,127 $72,708,145
Council of Superior Court Clerks
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
$185,580 $185,580 $185,580
$185,580 $185,580 $185,580
$185,580 $185,580 $185,580
MONDAY, MARCH 23, 2015
2813
23.100 -Council of Superior Court Clerks
Appropriation (HB 76)
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
$185,580
$185,580
$185,580
State General Funds
$185,580
$185,580
$185,580
TOTAL PUBLIC FUNDS
$185,580
$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
$60,672,663 $60,672,663
$1,802,127 $1,802,127 $1,802,127 $62,474,790
$60,672,663 $60,672,663
$1,802,127 $1,802,127 $1,802,127 $62,474,790
$60,672,663 $60,672,663
$1,802,127 $1,802,127 $1,802,127 $62,474,790
24.1 Increase funds for district attorney court travel and training.
State General Funds
$216,229
$0
$0
24.2 Increase funds for personnel for 11 additional assistant district attorneys to support Accountability Courts in the following
circuits: Alapaha, Bell-Forsyth, Douglas, Dublin, Eastern, Griffin, Macon, Northern, South Georgia, Southwestern, and Towaliga. (H
and S:Increase funds for personnel for five additional assistant district attorneys to support Accountability Courts in the circuits with
the greatest need)
State General Funds
$914,691
$415,769
$415,769
24.3 Increase funds for personnel for 15 additional assistant district attorneys to support Juvenile Courts across the state. (H and
S:Increase funds for personnel for seven additional assistant district attorneys to support Juvenile Courts across the state)
State General Funds
$1,247,305
$582,076
$582,076
24.4 Increase funds for personnel to increase the monthly supplement for chief assistant district attorneys from $100 to $500 per
month. (H and S:Increase funds to increase the monthly supplement for chief assistant district attorneys from $100 to $300 per month)
State General Funds
$383,658
$191,829
$191,829
2814
JOURNAL OF THE HOUSE
24.5 Increase funds for personnel for recruitment, retention and career advancement of assistant district attorneys, investigators,
and secretaries. (H:Increase funds for personnel to provide for pay parity for secretaries)(S:Increase funds for personnel for
recruitment, retention and career advancement of assistant district attorneys)
State General Funds
$1,897,805
$114,885
$759,543
24.6 Increase funds for personnel to annualize two assistant district attorneys reflecting the increase of new judgeships in the
Coweta and Waycross Judicial Circuits as provided in HB744 (2014 session).
State General Funds
$104,522
$104,522
$104,522
24.7 Increase funds for contracts to recognize contract with the Department of Human Services.
Agency to Agency Contracts
$245,355
$245,355
$245,355
24.8 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$601,133
$601,133
24.9 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$416,569
$416,569
24.10 Increase funds for personnel for an assistant district attorney to reflect the new judgeship in the Western Judicial Circuit
starting April 1, 2016.
State General Funds
$26,253
$26,253
24.11 Increase funds for personnel to provide a salary supplement to District Attorneys receiving a county supplement of less than
$15,000. (S:Increase funds for personnel for a 2% salary enhancement to District Attorneys' salaries)
State General Funds
$190,793
$180,769
24.100-District Attorneys
Appropriation (HB 76)
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
$65,436,873 $63,316,492 $63,951,126
State General Funds
$65,436,873 $63,316,492 $63,951,126
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$2,047,482
$2,047,482
$2,047,482
State Funds Transfers
$245,355
$245,355
$245,355
Agency to Agency Contracts
$245,355
$245,355
$245,355
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
$67,484,355 $65,363,974 $65,998,608
MONDAY, MARCH 23, 2015
2815
Prosecuting Attorneys' Council
Continuation Budget
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
$6,342,614 $6,342,614 $6,342,614
$6,342,614 $6,342,614 $6,342,614
$6,342,614 $6,342,614 $6,342,614
25.1 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs. (H and S:Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services
administered self insurance programs)
State General Funds
$6,188
($297,158)
($297,158)
25.2 Increase funds for personnel for one human resources generalist position.
State General Funds
$73,404
$0
$0
25.3 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$413,944
$413,944
25.4 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$52,412
$52,412
25.5 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$12,145
$12,145
25.100 -Prosecuting Attorneys' Council
Appropriation (HB 76)
The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors.
TOTAL STATE FUNDS
$6,422,206
$6,523,957
$6,523,957
State General Funds
$6,422,206
$6,523,957
$6,523,957
TOTAL PUBLIC FUNDS
$6,422,206
$6,523,957
$6,523,957
Section 9: Superior Courts
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Section Total - Continuation
$64,909,147 $64,909,147
$64,909,147 $64,909,147
$137,000
$137,000
$87,000
$87,000
$87,000
$87,000
$64,909,147 $64,909,147
$137,000 $87,000 $87,000
2816
JOURNAL OF THE HOUSE
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$50,000 $50,000 $65,046,147
$50,000 $50,000 $65,046,147
$50,000 $50,000 $65,046,147
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
Section Total - Final
$72,631,324 $72,631,324
$137,000 $87,000 $87,000 $50,000 $50,000
$72,768,324
$67,664,346 $67,664,346
$137,000 $87,000 $87,000 $50,000 $50,000
$67,801,346
$68,083,132 $68,083,132
$137,000 $87,000 $87,000 $50,000 $50,000
$68,220,132
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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$1,353,844 $1,353,844
$35,000 $35,000 $35,000 $1,388,844
$1,353,844 $1,353,844
$35,000 $35,000 $35,000 $1,388,844
$1,353,844 $1,353,844
$35,000 $35,000 $35,000 $1,388,844
26.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$20,244
$20,244
$20,244
26.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$17,474
$17,474
26.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$5,847
$5,847
MONDAY, MARCH 23, 2015
2817
26.100 -Council of Superior Court Judges
Appropriation (HB 76)
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
$1,374,088
$1,397,409
$1,397,409
State General Funds
$1,374,088
$1,397,409
$1,397,409
TOTAL AGENCY FUNDS
$35,000
$35,000
$35,000
Sales and Services
$35,000
$35,000
$35,000
Sales and Services Not Itemized
$35,000
$35,000
$35,000
TOTAL PUBLIC FUNDS
$1,409,088
$1,432,409
$1,432,409
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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$2,500,166 $2,500,166
$87,000 $87,000 $87,000 $2,587,166
$2,500,166 $2,500,166
$87,000 $87,000 $87,000 $2,587,166
$2,500,166 $2,500,166
$87,000 $87,000 $87,000 $2,587,166
27.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$36,517
$36,517
$36,517
27.2 Increase funds for operations to restore a portion of operating expenses that have been reduced in prior years as a result of
budget reductions.
State General Funds
$100,000
$0
$0
27.3 Increase funds for personnel to restore three furlough days remaining in the base budget.
State General Funds
$18,051
$18,051
$18,051
27.4 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$13,368
$13,368
27.5 Reduce funds for personnel to reflect savings.
State General Funds
($18,051)
($18,051)
2818
JOURNAL OF THE HOUSE
27.100 -Judicial Administrative Districts
Appropriation (HB 76)
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
$2,654,734
$2,550,051
$2,550,051
State General Funds
$2,654,734
$2,550,051
$2,550,051
TOTAL AGENCY FUNDS
$87,000
$87,000
$87,000
Intergovernmental Transfers
$87,000
$87,000
$87,000
Intergovernmental Transfers Not Itemized
$87,000
$87,000
$87,000
TOTAL PUBLIC FUNDS
$2,741,734
$2,637,051
$2,637,051
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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$61,055,137 $61,055,137
$15,000 $15,000 $15,000 $61,070,137
$61,055,137 $61,055,137
$15,000 $15,000 $15,000 $61,070,137
$61,055,137 $61,055,137
$15,000 $15,000 $15,000 $61,070,137
28.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$253,853
$234,456
$234,456
28.2 Increase funds to reflect an adjustment in the employer share of the Judicial Retirement System.
State General Funds
$1,315,678
$1,315,678
$1,315,678
28.3 Increase funds for personnel for a judicial salary increase. (H:Increase funds to provide a salary supplement to judges
receiving a county supplement of less than $25,000)(S:Increase funds for personnel for a 2% salary enhancement to Superior Court
Judges' salaries)
State General Funds
$4,915,055
$415,453
$834,239
28.4 Increase funds for the creation of one additional judgeship in the Western Circuit effective July 1, 2015. (H and S:Increase
funds for the creation of one additional judgeship in the Western Circuit effective April 1, 2016)
State General Funds
$372,586
$93,147
$93,147
MONDAY, MARCH 23, 2015
2819
28.5 Increase funds for personnel to annualize two judgeships in the Coweta and Waycross Judicial Circuits created in HB742
(2014 Session).
State General Funds
$361,110
$361,110
$361,110
28.6 Eliminate funds for the initial equipment set-up of the Chattahoochee and Oconee judgeships created in HB451 (2013
Session).
State General Funds
($60,500)
($60,500)
($60,500)
28.7 Increase funds for personnel for two law clerk positions eliminated in prior years due to budget reductions.
State General Funds
$128,332
$0
$0
28.8 Increase funds for personnel for a step increase for the 22 secretaries who missed their step increase between January 1, 2012
and June 30, 2012.
State General Funds
$176,972
$176,972
$176,972
28.9 Increase funds for personnel to restore one and a half furlough days remaining in the base budget.
State General Funds
$84,279
$84,279
$84,279
28.10 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$113,429
$113,429
28.11 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$12,004
$12,004
28.12 Reduce funds for personnel to reflect savings.
State General Funds
($84,279)
($84,279)
28.100 -Superior Court Judges
Appropriation (HB 76)
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
$68,602,502 $63,716,886 $64,135,672
State General Funds
$68,602,502 $63,716,886 $64,135,672
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
$68,617,502 $63,731,886 $64,150,672
2820
JOURNAL OF THE HOUSE
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
$10,248,025 $10,248,025
$10,248,025 $10,248,025
$1,859,823
$1,859,823
$1,859,823
$1,859,823
$1,859,823
$1,859,823
$12,107,848 $12,107,848
$10,248,025 $10,248,025
$1,859,823 $1,859,823 $1,859,823 $12,107,848
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$10,554,587 $10,554,587
$1,859,823 $1,859,823 $1,859,823 $12,414,410
$10,357,790 $10,357,790
$1,859,823 $1,859,823 $1,859,823 $12,217,613
$10,317,091 $10,317,091
$1,859,823 $1,859,823 $1,859,823 $12,176,914
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
$10,248,025 $10,248,025
$1,859,823 $1,859,823 $1,859,823 $12,107,848
$10,248,025 $10,248,025
$1,859,823 $1,859,823 $1,859,823 $12,107,848
$10,248,025 $10,248,025
$1,859,823 $1,859,823 $1,859,823 $12,107,848
MONDAY, MARCH 23, 2015
2821
29.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$108,751
$106,140
$106,140
29.2 Increase funds paid to the Department of Public Safety for a trooper to provide security.
State General Funds
$33,219
$33,219
$33,219
29.3 Increase funds for contracts to annualize additional yearly costs for WestLaw research contract fees.
State General Funds
$1,440
$1,440
$1,440
29.4 Increase funds for information technology to annualize additional yearly costs for a new network.
State General Funds
$37,200
$37,200
$37,200
29.5 Increase funds for contracts to annualize additional yearly costs of TriVir e-filing and maintenance.
State General Funds
$6,000
$6,000
$6,000
29.6 Eliminate funds for one-time funding for the purchase of computer software.
State General Funds
($306,785)
($306,785)
($306,785)
29.7 Increase funds for personnel for one case management position.
State General Funds
$69,418
$0
$69,418
29.8 Increase funds for TriVir annual maintenance cost, starting July 1, 2015, for trial court records.
State General Funds
$20,000
$20,000
$0
29.9 Increase funds for personnel for a $10,000 salary enhancement to Supreme Court Justices' salaries. (H:Increase funds for a
$12,000 salary enhancement to Supreme Court Justices' salaries)(S:Increase funds for personnel for a 4% salary enhancement to
Supreme Court Justices' salaries)
State General Funds
$133,887
$161,414
$71,297
29.10 Increase funds for personnel for a $15,000 salary enhancement to match the Superior Court Judges' salary request.
State General Funds
$201,767
$0
$0
29.11 Increase funds for contracts to annualize additional yearly costs for the Reporters' Office - LexisNexis Publication.
State General Funds
$1,665
$1,665
$1,665
29.12 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$58,497
$58,497
29.13 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$4,634
$4,634
29.14 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$3,779
$3,779
29.15 Reduce funds used to digitize records.
State General Funds
($17,438)
($17,438)
2822
JOURNAL OF THE HOUSE
29.100 -Supreme Court of Georgia
Appropriation (HB 76)
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
$10,554,587 $10,357,790 $10,317,091
State General Funds
$10,554,587 $10,357,790 $10,317,091
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
$12,414,410 $12,217,613 $12,176,914
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
$5,093,761
$5,093,761
$5,093,761
$5,093,761
$17,142,369 $17,142,369
$17,142,369 $17,142,369
$17,142,369 $17,142,369
$22,236,130 $22,236,130
$5,093,761 $5,093,761 $17,142,369 $17,142,369 $17,142,369 $22,236,130
TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments
TOTAL PUBLIC FUNDS
Section Total - Final
$7,141,801 $7,141,801 $18,799,892 $18,799,892 $18,799,892 $25,941,693
$6,728,934 $6,728,934 $18,799,892 $18,799,892 $18,799,892 $25,528,826
$6,891,923 $6,891,923 $18,354,492 $18,354,492 $18,354,492 $25,246,415
MONDAY, MARCH 23, 2015
2823
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
$3,743,499 $3,743,499 $17,142,369 $17,142,369 $17,142,369 $20,885,868
$3,743,499 $3,743,499 $17,142,369 $17,142,369 $17,142,369 $20,885,868
$3,743,499 $3,743,499 $17,142,369 $17,142,369 $17,142,369 $20,885,868
30.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$42,380
$42,380
$42,380
30.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$27,540
$27,540
$27,540
30.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$3,786
$3,786
$3,786
30.4 Increase funds for billings for TeamWorks to reflect statewide adjustments.
Accounting System Assessments
$1,657,523
$1,657,523
$1,212,123
30.100 -State Accounting Office
Appropriation (HB 76)
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
$3,817,205
$3,817,205
$3,817,205
State General Funds
$3,817,205
$3,817,205
$3,817,205
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$18,799,892 $18,799,892 $18,354,492
State Funds Transfers
$18,799,892 $18,799,892 $18,354,492
2824
JOURNAL OF THE HOUSE
Accounting System Assessments TOTAL PUBLIC FUNDS
$18,799,892 $22,617,097
$18,799,892 $22,617,097
$18,354,492 $22,171,697
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
$1,350,262 $1,350,262 $1,350,262
$1,350,262 $1,350,262 $1,350,262
$1,350,262 $1,350,262 $1,350,262
31.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$9,552
$9,552
$9,552
31.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$6,832
$6,832
$6,832
31.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$458,946
$458,946
$458,946
31.4 Increase funds for personnel for four attorney positions and four investigator positions to expedite complaint resolutions.
(H:Increase funds for two attorney positions and two auditor positions)
State General Funds
$768,532
$355,665
$768,532
31.5 Increase funds for the provision of e-Fax capabilities to local filers as required by HB143 (2014 Session).
State General Funds
$43,500
$43,500
$43,500
31.100-Government Transparency and Campaign Finance Commission, Georgia
Appropriation (HB 76)
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.
MONDAY, MARCH 23, 2015
2825
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$2,637,624 $2,637,624 $2,637,624
$2,224,757 $2,224,757 $2,224,757
$2,637,624 $2,637,624 $2,637,624
Georgia State Board of Accountancy
Continuation Budget
TOTAL STATE FUNDS State General Funds
$0
$0
$0
$0
$0
$0
32.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$3,835
$3,835
$3,835
32.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$2,215
$2,215
$2,215
32.3 Increase funds for Board operations.
State General Funds
$680,922
$680,922
$431,044
32.99 SAC: The purpose of this appropriation is to protect public financial, fiscal, and economic interests by licensing certified
public accountants and public accountancy firms; regulating public accountancy practices; and investigating complaints and taking
appropriate legal and disciplinary actions when warranted.
House: The purpose of this appropriation is to protect public financial, fiscal, and economic interests by licensing certified public
accountants and public accountancy firms; regulating public accountancy practices; and investigating complaints and taking
appropriate legal and disciplinary actions when warranted.
Governor: The purpose of this appropriation is to protect public financial, fiscal, and economic interests by licensing certified public
accountants and public accountancy firms; regulating public accountancy practices; and investigating complaints and taking
appropriate legal and disciplinary actions when warranted.
State General Funds
$0
$0
$0
32.100-Georgia State Board of Accountancy
Appropriation (HB 76)
The purpose of this appropriation is to protect public financial, fiscal, and economic interests by licensing certified public accountants
and public accountancy firms; regulating public accountancy practices; and investigating complaints and taking appropriate legal
and disciplinary actions when warranted.
TOTAL STATE FUNDS
$686,972
$686,972
$437,094
State General Funds
$686,972
$686,972
$437,094
TOTAL PUBLIC FUNDS
$686,972
$686,972
$437,094
2826
JOURNAL OF THE HOUSE
Section 12: Administrative Services, Department of
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS 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 Liability Funds Merit System Assessments Unemployment Compensation Funds Workers Compensation Funds
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS 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
Section Total - Continuation
$4,878,113
$4,878,113
$4,878,113
$4,878,113
$21,376,895 $21,376,895
$4,062,800
$4,062,800
$4,062,800
$4,062,800
$36,000
$36,000
$36,000
$36,000
$15,293,260 $15,293,260
$15,293,260 $15,293,260
$1,984,835
$1,984,835
$1,984,835
$1,984,835
$173,677,428 $173,677,428
$173,677,428 $173,677,428
$28,171,311 $28,171,311
$33,927,991 $33,927,991
$9,808,379
$9,808,379
$12,666,404 $12,666,404
$89,103,343 $89,103,343
$199,932,436 $199,932,436
$4,878,113 $4,878,113 $21,376,895 $4,062,800 $4,062,800
$36,000 $36,000 $15,293,260 $15,293,260 $1,984,835 $1,984,835 $173,677,428 $173,677,428 $28,171,311 $33,927,991 $9,808,379 $12,666,404 $89,103,343 $199,932,436
Section Total - Final
$4,956,583 $4,956,583 $21,376,895 $4,062,800 $4,062,800
$36,000 $36,000 $15,293,260 $15,293,260 $1,984,835
$4,956,583 $4,956,583 $21,376,895 $4,062,800 $4,062,800
$36,000 $36,000 $15,293,260 $15,293,260 $1,984,835
$4,074,286 $4,074,286 $21,376,895 $4,062,800 $4,062,800
$36,000 $36,000 $15,293,260 $15,293,260 $1,984,835
MONDAY, MARCH 23, 2015
Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers State Fund Transfers Not Itemized Liability Funds Merit System Assessments Unemployment Compensation Funds Workers Compensation Funds
TOTAL PUBLIC FUNDS
$1,984,835 $173,677,428 $173,677,428 $28,171,311 $33,927,991
$9,808,379 $12,666,404 $89,103,343 $200,010,906
$1,984,835 $173,677,428 $173,677,428 $28,171,311 $33,927,991
$9,808,379 $12,666,404 $89,103,343 $200,010,906
$1,984,835 $173,677,428 $173,677,428 $28,171,311 $33,927,991
$9,808,379 $12,666,404 $89,103,343 $199,128,609
Departmental Administration
Continuation Budget
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 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 Merit System Assessments
TOTAL PUBLIC FUNDS
$0 $0 $3,826,910 $36,000 $36,000 $3,351,252 $3,351,252 $439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733
$0 $0 $3,826,910 $36,000 $36,000 $3,351,252 $3,351,252 $439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733
$0 $0 $3,826,910 $36,000 $36,000 $3,351,252 $3,351,252 $439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733
33.100-Departmental Administration The purpose of this appropriation is to provide administrative support to all department programs.
Appropriation (HB 76)
TOTAL AGENCY FUNDS Intergovernmental Transfers
$3,826,910 $36,000
$3,826,910 $36,000
$3,826,910 $36,000
2827
2828
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 INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers State Fund Transfers Not Itemized Merit System Assessments
TOTAL PUBLIC FUNDS
$36,000 $3,351,252 $3,351,252
$439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733
$36,000 $3,351,252 $3,351,252
$439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733
$36,000 $3,351,252 $3,351,252
$439,658 $439,658 $1,938,823 $1,938,823 $810,846 $1,127,977 $5,765,733
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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS
$0 $0 $1,029,374 $1,029,374 $1,029,374 $1,029,374
$0 $0 $1,029,374 $1,029,374 $1,029,374 $1,029,374
$0 $0 $1,029,374 $1,029,374 $1,029,374 $1,029,374
34.100-Fleet Management
Appropriation (HB 76)
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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS
$1,029,374 $1,029,374 $1,029,374 $1,029,374
$1,029,374 $1,029,374 $1,029,374 $1,029,374
$1,029,374 $1,029,374 $1,029,374 $1,029,374
MONDAY, MARCH 23, 2015
2829
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 $8,680,402 $8,680,402 $8,680,402 $8,680,402
$0 $0 $8,680,402 $8,680,402 $8,680,402 $8,680,402
$0 $0 $8,680,402 $8,680,402 $8,680,402 $8,680,402
35.100-Human Resources Administration
Appropriation (HB 76)
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
$8,680,402 $8,680,402 $8,680,402 $8,680,402
$8,680,402 $8,680,402 $8,680,402 $8,680,402
$8,680,402 $8,680,402 $8,680,402 $8,680,402
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
$1,000,000 $1,000,000 $161,757,398 $161,757,398
$1,000,000 $1,000,000 $161,757,398 $161,757,398
$1,000,000 $1,000,000 $161,757,398 $161,757,398
2830
JOURNAL OF THE HOUSE
State Fund Transfers Not Itemized Liability Funds Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS
$26,059,660 $33,927,991 $12,666,404 $89,103,343 $162,757,398
$26,059,660 $33,927,991 $12,666,404 $89,103,343 $162,757,398
$26,059,660 $33,927,991 $12,666,404 $89,103,343 $162,757,398
36.1 Reduce funds for the Peace Officer's Indemnification Trust. State General Funds
($666,667)
36.100 -Risk Management
Appropriation (HB 76)
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
$333,333
State General Funds
$1,000,000
$1,000,000
$333,333
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$161,757,398 $161,757,398 $161,757,398
State Funds Transfers
$161,757,398 $161,757,398 $161,757,398
State Fund Transfers Not Itemized
$26,059,660 $26,059,660 $26,059,660
Liability Funds
$33,927,991 $33,927,991 $33,927,991
Unemployment Compensation Funds
$12,666,404 $12,666,404 $12,666,404
Workers Compensation Funds
$89,103,343 $89,103,343 $89,103,343
TOTAL PUBLIC FUNDS
$162,757,398 $162,757,398 $162,090,731
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.
MONDAY, MARCH 23, 2015
2831
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS
$0 $0 $10,912,634 $10,912,634 $10,912,634 $10,912,634
$0 $0 $10,912,634 $10,912,634 $10,912,634 $10,912,634
$0 $0 $10,912,634 $10,912,634 $10,912,634 $10,912,634
37.100 -State Purchasing
Appropriation (HB 76)
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
$10,912,634 $10,912,634 $10,912,634 $10,912,634
$10,912,634 $10,912,634 $10,912,634 $10,912,634
$10,912,634 $10,912,634 $10,912,634 $10,912,634
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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$0 $0 $1,465,177 $1,465,177 $1,465,177 $1,465,177
$0 $0 $1,465,177 $1,465,177 $1,465,177 $1,465,177
$0 $0 $1,465,177 $1,465,177 $1,465,177 $1,465,177
38.100 -Surplus Property
Appropriation (HB 76)
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.
2832
JOURNAL OF THE HOUSE
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$1,465,177 $1,465,177 $1,465,177 $1,465,177
$1,465,177 $1,465,177 $1,465,177 $1,465,177
$1,465,177 $1,465,177 $1,465,177 $1,465,177
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
$39,506 $39,506 $39,506
$39,506 $39,506 $39,506
$39,506 $39,506 $39,506
39.100 -Certificate of Need Appeal Panel
Appropriation (HB 76)
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 State Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$2,999,747 $2,999,747 $1,300,805 $1,300,805 $1,300,805 $4,300,552
$2,999,747 $2,999,747 $1,300,805 $1,300,805 $1,300,805 $4,300,552
$2,999,747 $2,999,747 $1,300,805 $1,300,805 $1,300,805 $4,300,552
MONDAY, MARCH 23, 2015
2833
40.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$46,722
$46,722
$46,722
40.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$19,547
$19,547
$19,547
40.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$8,004
$8,004
$8,004
40.4 Reduce funds for telecommunications and information technology.
State General Funds
($66,770)
40.100-Administrative Hearings, Office of State
Appropriation (HB 76)
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
$3,074,020
$3,074,020
$3,007,250
State General Funds
$3,074,020
$3,074,020
$3,007,250
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
$4,374,825
$4,374,825
$4,308,055
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
$0 $0 $4,142,800 $4,062,800 $4,062,800 $80,000
$0 $0 $4,142,800 $4,062,800 $4,062,800 $80,000
$0 $0 $4,142,800 $4,062,800 $4,062,800 $80,000
2834
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$80,000 $4,142,800
$80,000 $4,142,800
$80,000 $4,142,800
41.100 -State Treasurer, Office of the
Appropriation (HB 76)
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
$4,142,800 $4,062,800 $4,062,800
$80,000 $80,000 $4,142,800
$4,142,800 $4,062,800 $4,062,800
$80,000 $80,000 $4,142,800
$4,142,800 $4,062,800 $4,062,800
$80,000 $80,000 $4,142,800
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
$838,860 $838,860 $838,860
$838,860 $838,860 $838,860
$838,860 $838,860 $838,860
42.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$3,894
$3,894
$3,894
42.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$1,792
$1,792
$1,792
42.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($1,489)
($1,489)
($1,489)
42.4 Reduce funds for flight hour operations.
State General Funds
($148,860)
MONDAY, MARCH 23, 2015
2835
42.100 -Payments to Georgia Aviation Authority
Appropriation (HB 76)
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
$843,057
$843,057
$694,197
State General Funds
$843,057
$843,057
$694,197
TOTAL PUBLIC FUNDS
$843,057
$843,057
$694,197
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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Agency to Agency Contracts
TOTAL PUBLIC FUNDS
Section Total - Continuation
$42,515,594 $42,515,594
$42,515,594 $42,515,594
$6,837,012
$6,837,012
$6,837,012
$6,837,012
$636,171
$636,171
$636,171
$636,171
$411,171
$411,171
$225,000
$225,000
$49,988,777 $49,988,777
$42,515,594 $42,515,594
$6,837,012 $6,837,012
$636,171 $636,171 $411,171 $225,000 $49,988,777
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 State Fund Transfers Not Itemized
Section Total - Final
$45,636,660 $45,636,660
$7,196,157 $7,196,157 $1,190,182 $1,190,182 $1,190,182
$943,908 $636,171 $411,171
$46,108,240 $46,108,240
$7,196,157 $7,196,157 $1,190,182 $1,190,182 $1,190,182
$636,171 $636,171 $411,171
$45,968,311 $45,968,311
$7,196,157 $7,196,157 $1,190,182 $1,190,182 $1,190,182
$636,171 $636,171 $411,171
2836
JOURNAL OF THE HOUSE
Agency to Agency Contracts Federal Funds Transfers
Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS
$225,000 $307,737 $307,737 $54,966,907
$225,000 $55,130,750
$225,000 $54,990,821
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
$2,910,273 $2,910,273 $2,910,273
$2,910,273 $2,910,273 $2,910,273
$2,910,273 $2,910,273 $2,910,273
43.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$20,115
$20,115
$20,115
43.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$18,900
$18,900
$18,900
43.3 Increase funds for the employer share of health insurance ($29,820) and retiree health benefits ($17,448).
State General Funds
$47,268
$47,268
$47,268
43.100 -Athens and Tifton Veterinary Laboratories
Appropriation (HB 76)
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
$2,996,556
$2,996,556
$2,996,556
State General Funds
$2,996,556
$2,996,556
$2,996,556
TOTAL PUBLIC FUNDS
$2,996,556
$2,996,556
$2,996,556
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
MONDAY, MARCH 23, 2015
2837
products, shellfish, and bottled water; by monitoring, inspecting, and regulating the companion animal, bird, and equine industries (including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary industries including performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; and by monitoring, inspecting, and regulating animal feed, pet food, and grains. The purpose of this appropriation is also to ensure accurate commercial transactions by monitoring, inspecting, and regulating weights and measures and fuel sales.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$25,458,597 $25,458,597
$6,837,012 $6,837,012
$225,000 $225,000 $225,000 $32,520,609
$25,458,597 $25,458,597
$6,837,012 $6,837,012
$225,000 $225,000 $225,000 $32,520,609
$25,458,597 $25,458,597
$6,837,012 $6,837,012
$225,000 $225,000 $225,000 $32,520,609
44.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$326,036
$326,036
$326,036
44.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$157,962
$157,962
$157,962
44.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($52,093)
($52,093)
($52,093)
44.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$969
$969
$969
44.5 Increase funds for personnel to reflect Consumer Protection inspector salary adjustments.
State General Funds
$260,000
$260,000
44.6 Increase funds for personnel for two manufactured food inspector positions and one seed scientist position. (S:Increase funds
for personnel for one manufactured food inspector position and one seed scientist position)
State General Funds
$211,000
$160,525
44.7 Reduce funds for the lease savings from acquiring vehicles.
State General Funds
($39,454)
2838
JOURNAL OF THE HOUSE
44.100 -Consumer Protection
Appropriation (HB 76)
The purpose of this appropriation is to provide for public health and safety by monitoring, inspecting and regulating the cultivation,
processing, and production of livestock, meat, poultry, and other food products; by inspecting establishments that sell food for offsite
consumption, food warehouses, wholesale and mobile meat and seafood vendors, dairy farms, and food banks; by certifying organic
products, shellfish, and bottled water; by monitoring, inspecting, and regulating the companion animal, bird, and equine industries
(including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary industries including
performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; and by
monitoring, inspecting, and regulating animal feed, pet food, and grains. The purpose of this appropriation is also to ensure accurate
commercial transactions by monitoring, inspecting, and regulating weights and measures and fuel sales.
TOTAL STATE FUNDS
$25,891,471 $26,362,471 $26,272,542
State General Funds
$25,891,471 $26,362,471 $26,272,542
TOTAL FEDERAL FUNDS
$6,837,012
$6,837,012
$6,837,012
Federal Funds Not Itemized
$6,837,012
$6,837,012
$6,837,012
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
$32,953,483 $33,424,483 $33,334,554
Departmental Administration
Continuation Budget
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
$4,524,816 $4,524,816 $4,524,816
$4,524,816 $4,524,816 $4,524,816
$4,524,816 $4,524,816 $4,524,816
45.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$68,118
$68,118
$68,118
45.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$30,565
$30,565
$30,565
45.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($7,016)
($7,016)
($7,016)
MONDAY, MARCH 23, 2015
2839
45.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds
$144
$144
$144
45.100-Departmental Administration
Appropriation (HB 76)
The purpose of this appropriation is to provide administrative support for all programs of the department.
TOTAL STATE FUNDS
$4,616,627
$4,616,627
$4,616,627
State General Funds
$4,616,627
$4,616,627
$4,616,627
TOTAL PUBLIC FUNDS
$4,616,627
$4,616,627
$4,616,627
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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$5,825,232 $5,825,232
$411,171 $411,171 $411,171 $6,236,403
$5,825,232 $5,825,232
$411,171 $411,171 $411,171 $6,236,403
$5,825,232 $5,825,232
$411,171 $411,171 $411,171 $6,236,403
46.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$44,189
$44,189
$44,189
46.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$30,087
$30,087
$30,087
46.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($7,720)
($7,720)
($7,720)
46.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$148
$148
$148
46.5 Reduce funds for marketing for the Georgia Grown program.
State General Funds
($100,000)
2840
JOURNAL OF THE HOUSE
46.100 -Marketing and Promotion
Appropriation (HB 76)
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
$5,891,936
$5,891,936
$5,791,936
State General Funds
$5,891,936
$5,891,936
$5,791,936
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$411,171
$411,171
$411,171
State Funds Transfers
$411,171
$411,171
$411,171
State Fund Transfers Not Itemized
$411,171
$411,171
$411,171
TOTAL PUBLIC FUNDS
$6,303,107
$6,303,107
$6,203,107
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
$2,830,399 $2,830,399 $2,830,399
$2,830,399 $2,830,399 $2,830,399
$2,830,399 $2,830,399 $2,830,399
47.100-Poultry Veterinary Diagnostic Labs
Appropriation (HB 76)
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
$2,830,399
$2,830,399
$2,830,399
State General Funds
$2,830,399
$2,830,399
$2,830,399
TOTAL PUBLIC FUNDS
$2,830,399
$2,830,399
$2,830,399
Soil and Water Conservation
Continuation Budget
TOTAL STATE FUNDS State General Funds
$0
$0
$0
$0
$0
$0
48.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$30,489
$0
$0
MONDAY, MARCH 23, 2015
2841
48.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$15,224
$0
$0
48.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$3,170
$0
$0
48.4 Reduce funds to reflect an adjustment in Teamworks billings.
State General Funds
($580)
$0
$0
48.98 Transfer funds from the State Soil and Water Conservation Commission to the Department of Agriculture and transfer 51
positions from the Commission Administration, Conservation of Agricultural Water Supplies, and Conservation of Soil and Water
Resources programs to the Department of Agriculture to consolidate soil and water conservation activities.
State General Funds
$2,387,850
$0
$0
Federal Funds Not Itemized
$359,145
$0
$0
Intergovernmental Transfers Not Itemized
$1,190,182
$0
$0
Federal Fund Transfers Not Itemized
$307,737
$0
$0
Total Public Funds:
$4,244,914
$0
$0
48.99 SAC: The purpose of this appropriation is to protect, conserve and improve the soil and water resources of the State of
Georgia by increasing the uniformity and efficiency of agricultural water irrigation systems, by providing grants to encourage the
reduction of erosion and other non-point source pollution from agricultural lands, by providing technical assistance and teaching best
management practices on erosion and sedimentation control to landowners and local governments, and by certifying erosion and
sedimentation control personnel.
House: The purpose of this appropriation is to protect, conserve and improve the soil and water resources of the State of Georgia by
increasing the uniformity and efficiency of agricultural water irrigation systems, by providing grants to encourage the reduction of
erosion and other non-point source pollution from agricultural lands, by providing technical assistance and teaching best
management practices on erosion and sedimentation control to landowners and local governments, and by certifying erosion and
sedimentation control personnel.
Governor: The purpose of this appropriation is to protect, conserve and improve the soil and water resources of the State of Georgia
by increasing the uniformity and efficiency of agricultural water irrigation systems, by providing grants to encourage the reduction of
erosion and other non-point source pollution from agricultural lands, by providing technical assistance and teaching best
management practices on erosion and sedimentation control to landowners and local governments, and by certifying erosion and
sedimentation control personnel.
State General Funds
$0
$0
$0
2842
JOURNAL OF THE HOUSE
48.100 -Soil and Water Conservation
Appropriation (HB 76)
The purpose of this appropriation is to protect, conserve and improve the soil and water resources of the State of Georgia by
increasing the uniformity and efficiency of agricultural water irrigation systems, by providing grants to encourage the reduction of
erosion and other non-point source pollution from agricultural lands, by providing technical assistance and teaching best
management practices on erosion and sedimentation control to landowners and local governments, and by certifying erosion and
sedimentation control personnel.
TOTAL STATE FUNDS
$2,436,153
$0
$0
State General Funds
$2,436,153
$0
$0
TOTAL FEDERAL FUNDS
$359,145
Federal Funds Not Itemized
$359,145
TOTAL AGENCY FUNDS
$1,190,182
Intergovernmental Transfers
$1,190,182
Intergovernmental Transfers Not Itemized
$1,190,182
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$307,737
Federal Funds Transfers
$307,737
Federal Fund Transfers Not Itemized
$307,737
TOTAL PUBLIC FUNDS
$4,293,217
$0
$0
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
$966,277 $966,277 $966,277
$966,277 $966,277 $966,277
$966,277 $966,277 $966,277
49.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$7,241
$7,241
$7,241
49.100-Payments to Georgia Agricultural Exposition Authority
Appropriation (HB 76)
The purpose of this appropriation is to reduce the rates charged by the Georgia Agricultural Exposition Authority for youth and
livestock events.
MONDAY, MARCH 23, 2015
2843
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$973,518 $973,518 $973,518
$973,518 $973,518 $973,518
$973,518 $973,518 $973,518
Soil and Water Conservation Commission: Administration
Continuation Budget
TOTAL STATE FUNDS State General Funds
$0
$0
$0
$0
600.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$9,756
$9,756
600.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$4,820
$4,820
600.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$1,014
$1,014
600.4 Reduce funds for personnel and transfer consolidated savings from the Soil and Water Conservation Commission:
Administration program to the Soil and Water Conservation Commission: Conservation of Agricultural Water program ($46,206) and
the Soil and Water Conservation Commission: Conservation of Soil and Water Resources program ($255,794) for increased regional
conservation district allotments.
State General Funds
($302,000)
$0
600.98 Transfer funds and eight positions from the State Soil and Water Conservation program to the Department of Agriculture -
Soil and Water Conservation Commission: Administration program.
State General Funds
$724,705
$724,705
600.99 SAC: The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of
Georgia.
House: The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia.
State General Funds
$0
$0
600.100-Soil and Water Conservation Commission: Administration
Appropriation (HB 76)
The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia.
2844
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$438,295 $438,295 $438,295
$740,295 $740,295 $740,295
Soil and Water Conservation Commission: Conservation of Agricultural Water
Continuation Budget
TOTAL STATE FUNDS State General Funds
$0
$0
$0
$0
601.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$3,049
$3,049
601.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$1,459
$1,459
601.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$317
$317
601.4 Increase funds and transfer consolidated savings from the Department of Agriculture - Soil and Water Conservation
Commission: Administration program to the Department of Agriculture - Soil and Water Conservation Commission: Conservation of
Agricultural Water program for allotments for soil and water regional conservation districts.
State General Funds
$46,206
$0
601.98 Transfer funds and ten positions from the State Soil and Water Conservation program to the Department of Agriculture - Soil
and Water Conservation Commission: Conservation of Agricultural Water program.
State General Funds
$240,208
$240,208
Federal Funds Not Itemized
$192,737
$192,737
Intergovernmental Transfers Not Itemized
$1,190,182
$1,190,182
Total Public Funds:
$1,623,127
$1,623,127
MONDAY, MARCH 23, 2015
2845
601.99 SAC: 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.
House: 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.
State General Funds
$0
$0
601.100-Soil and Water Conservation Commission: Conservation of Agricultural Water
Appropriation (HB 76)
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
$291,239
$245,033
State General Funds
$291,239
$245,033
TOTAL FEDERAL FUNDS
$192,737
$192,737
Federal Funds Not Itemized
$192,737
$192,737
TOTAL AGENCY FUNDS
$1,190,182
$1,190,182
Intergovernmental Transfers
$1,190,182
$1,190,182
Intergovernmental Transfers Not Itemized
$1,190,182
$1,190,182
TOTAL PUBLIC FUNDS
$1,674,158
$1,627,952
Soil and Water Conservation Commission: Conservation of Soil and Water Resources
Continuation Budget
TOTAL STATE FUNDS State General Funds
$0
$0
$0
$0
602.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$17,684
$17,684
602.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$8,945
$8,945
2846
JOURNAL OF THE HOUSE
602.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$1,839
$1,839
602.4 Increase funds and transfer consolidated savings from the Department of Agriculture - Soil and Water Conservation
Commission: Administration program to the Department of Agriculture - Soil and Water Conservation Commission: Conservation of
Agricultural Soil and Water Resources program for allotments for soil and water regional conservation districts.
State General Funds
$255,794
$0
602.5 Increase funds for resource conservation and development districts.
State General Funds
$50,000
602.98 Transfer funds and 33 positions from the State Soil and Water Conservation program to the Department of Agriculture - Soil
and Water Conservation Commission: Conservation of Soil and Water Resources program.
State General Funds
$1,422,937
$1,422,937
Federal Funds Not Itemized
$166,408
$166,408
Total Public Funds:
$1,589,345
$1,589,345
602.99 SAC: 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.
House: 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.
State General Funds
$0
$0
602.100-Soil and Water Conservation Commission: Conservation of Soil and Water Resources
Appropriation (HB 76)
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.
MONDAY, MARCH 23, 2015
2847
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$1,707,199 $1,707,199
$166,408 $166,408 $1,873,607
$1,501,405 $1,501,405
$166,408 $166,408 $1,667,813
Section 14: Banking and Finance, Department of
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Continuation
$11,669,059 $11,669,059 $11,669,059 $11,669,059 $11,669,059 $11,669,059
$11,669,059 $11,669,059 $11,669,059
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Final
$11,903,731 $11,903,731 $11,903,731
$11,903,731 $11,903,731 $11,903,731
$11,903,731 $11,903,731 $11,903,731
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
$227,776 $227,776 $227,776
$227,776 $227,776 $227,776
$227,776 $227,776 $227,776
50.1 Transfer funds from the Consumer Protection and Assistance program to the Departmental Administration program for one
position.
State General Funds
($227,776)
($227,776)
($227,776)
Departmental Administration
Continuation Budget
The purpose of this appropriation is to provide administrative support to all department programs.
2848
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$2,047,883 $2,047,883 $2,047,883
$2,047,883 $2,047,883 $2,047,883
$2,047,883 $2,047,883 $2,047,883
51.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$27,648
$27,648
$27,648
51.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$14,397
$14,397
$14,397
51.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($905)
($905)
($905)
51.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$3,854
$3,854
$3,854
51.5 Transfer funds from the Consumer Protection and Assistance program to the Departmental Administration program for one
position.
State General Funds
$227,776
$227,776
$227,776
51.100-Departmental Administration
The purpose of this appropriation is to provide administrative support to all department programs.
TOTAL STATE FUNDS
$2,320,653
State General Funds
$2,320,653
TOTAL PUBLIC FUNDS
$2,320,653
Appropriation (HB 76)
$2,320,653 $2,320,653 $2,320,653
$2,320,653 $2,320,653 $2,320,653
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
$7,409,357 $7,409,357 $7,409,357
$7,409,357 $7,409,357 $7,409,357
$7,409,357 $7,409,357 $7,409,357
MONDAY, MARCH 23, 2015
2849
52.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$108,967
$108,967
$108,967
52.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$48,817
$48,817
$48,817
52.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($5,251)
($5,251)
($5,251)
52.100 -Financial Institution Supervision
Appropriation (HB 76)
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
$7,561,890
$7,561,890
$7,561,890
State General Funds
$7,561,890
$7,561,890
$7,561,890
TOTAL PUBLIC FUNDS
$7,561,890
$7,561,890
$7,561,890
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
$1,984,043 $1,984,043 $1,984,043
$1,984,043 $1,984,043 $1,984,043
$1,984,043 $1,984,043 $1,984,043
53.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$26,022
$26,022
$26,022
53.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$12,512
$12,512
$12,512
53.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($1,389)
($1,389)
($1,389)
2850
JOURNAL OF THE HOUSE
53.100 -Non-Depository Financial Institution Supervision
Appropriation (HB 76)
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
$2,021,188
$2,021,188
$2,021,188
State General Funds
$2,021,188
$2,021,188
$2,021,188
TOTAL PUBLIC FUNDS
$2,021,188
$2,021,188
$2,021,188
Section 15: Behavioral Health and Developmental Disabilities, Department of
Section Total - Continuation
TOTAL STATE FUNDS
$968,833,425 $968,833,425
State General Funds
$958,578,287 $958,578,287
Tobacco Settlement Funds
$10,255,138 $10,255,138
TOTAL FEDERAL FUNDS
$145,660,990 $145,660,990
Federal Funds Not Itemized
$5,739,979
$5,739,979
Community Mental Health Services Block Grant CFDA93.958
$14,163,709 $14,163,709
Medical Assistance Program CFDA93.778
$25,697,365 $25,697,365
Prevention & Treatment of Substance Abuse Grant CFDA93.959
$47,482,075 $47,482,075
FFIND Social Services Block Grant CFDA93.667
$40,481,142 $40,481,142
Temporary Assistance for Needy Families
$528,000
$528,000
Temporary Assistance for Needy Families Grant CFDA93.558
$528,000
$528,000
FFIND Temp. Assistance for Needy Families CFDA93.558
$11,568,720 $11,568,720
TOTAL AGENCY FUNDS
$26,902,262 $26,902,262
Intergovernmental Transfers
$200,000
$200,000
Intergovernmental Transfers Not Itemized
$200,000
$200,000
Rebates, Refunds, and Reimbursements
$257,036
$257,036
Rebates, Refunds, and Reimbursements Not Itemized
$257,036
$257,036
Royalties and Rents
$668,024
$668,024
Royalties and Rents Not Itemized
$668,024
$668,024
Sales and Services
$25,777,202 $25,777,202
Sales and Services Not Itemized
$25,777,202 $25,777,202
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$5,004,491
$5,004,491
State Funds Transfers
$4,956,393
$4,956,393
$968,833,425 $958,578,287 $10,255,138 $145,660,990
$5,739,979 $14,163,709 $25,697,365 $47,482,075 $40,481,142
$528,000 $528,000 $11,568,720 $26,902,262 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $25,777,202 $25,777,202 $5,004,491 $4,956,393
MONDAY, MARCH 23, 2015
State Fund Transfers Not Itemized Agency to Agency Contracts Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS
$2,357,130 $2,599,263
$48,098 $48,098 $1,146,401,168
$2,357,130 $2,599,263
$48,098 $48,098 $1,146,401,168
$2,357,130 $2,599,263
$48,098 $48,098 $1,146,401,168
Section Total - Final
TOTAL STATE FUNDS
$984,135,962
State General Funds
$973,880,824
Tobacco Settlement Funds
$10,255,138
TOTAL FEDERAL FUNDS
$145,660,990
Federal Funds Not Itemized
$5,739,979
Community Mental Health Services Block Grant CFDA93.958
$14,163,709
Medical Assistance Program CFDA93.778
$25,697,365
Prevention & Treatment of Substance Abuse Grant CFDA93.959
$47,482,075
FFIND Social Services Block Grant CFDA93.667
$40,481,142
Temporary Assistance for Needy Families
$528,000
Temporary Assistance for Needy Families Grant CFDA93.558
$528,000
FFIND Temp. Assistance for Needy Families CFDA93.558
$11,568,720
TOTAL AGENCY FUNDS
$26,902,262
Intergovernmental Transfers
$200,000
Intergovernmental Transfers Not Itemized
$200,000
Rebates, Refunds, and Reimbursements
$257,036
Rebates, Refunds, and Reimbursements Not Itemized
$257,036
Royalties and Rents
$668,024
Royalties and Rents Not Itemized
$668,024
Sales and Services
$25,777,202
Sales and Services Not Itemized
$25,777,202
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$5,004,491
State Funds Transfers
$4,956,393
State Fund Transfers Not Itemized
$2,357,130
Agency to Agency Contracts
$2,599,263
Federal Funds Transfers
$48,098
$987,696,837 $977,441,699 $10,255,138 $145,660,990
$5,739,979 $14,163,709 $25,697,365 $47,482,075 $40,481,142
$528,000 $528,000 $11,568,720 $26,902,262 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $25,777,202 $25,777,202 $5,004,491 $4,956,393 $2,357,130 $2,599,263
$48,098
$988,676,837 $978,421,699 $10,255,138 $145,660,990
$5,739,979 $14,163,709 $25,697,365 $47,482,075 $40,481,142
$528,000 $528,000 $11,568,720 $26,902,262 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $25,777,202 $25,777,202 $5,004,491 $4,956,393 $2,357,130 $2,599,263
$48,098
2851
2852
JOURNAL OF THE HOUSE
Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS
$48,098
$48,098
$48,098
$1,161,703,705 $1,165,264,580 $1,166,244,580
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, have a chemical dependency and who need assistance for compulsive gambling.
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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 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
$44,653,249 $44,653,249 $44,404,231
$200,000 $29,607,511
$2,500,000 $528,000 $528,000
$11,568,720 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300
$89,492,683
$44,653,249 $44,653,249 $44,404,231
$200,000 $29,607,511
$2,500,000 $528,000 $528,000
$11,568,720 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300
$89,492,683
$44,653,249 $44,653,249 $44,404,231
$200,000 $29,607,511
$2,500,000 $528,000 $528,000
$11,568,720 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300
$89,492,683
54.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$114,531
$114,531
$114,531
54.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$415,784
$415,784
$415,784
54.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$24,210
$24,210
$24,210
MONDAY, MARCH 23, 2015
2853
54.100 -Adult Addictive Diseases Services
Appropriation (HB 76)
The purpose of this appropriation is to provide a continuum of programs, services and supports for adults who abuse alcohol and
other drugs, have a chemical dependency and who need assistance for compulsive gambling.
TOTAL STATE FUNDS
$45,207,774 $45,207,774 $45,207,774
State General Funds
$45,207,774 $45,207,774 $45,207,774
TOTAL FEDERAL FUNDS
$44,404,231 $44,404,231 $44,404,231
Medical Assistance Program CFDA93.778
$200,000
$200,000
$200,000
Prevention & Treatment of Substance Abuse Grant CFDA93.959
$29,607,511 $29,607,511 $29,607,511
FFIND Social Services Block Grant CFDA93.667
$2,500,000
$2,500,000
$2,500,000
Temporary Assistance for Needy Families
$528,000
$528,000
$528,000
Temporary Assistance for Needy Families Grant CFDA93.558
$528,000
$528,000
$528,000
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
$90,047,208 $90,047,208 $90,047,208
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
$277,612,176 $267,357,038 $10,255,138 $42,980,753 $12,336,582 $30,644,171 $12,960,000 $12,960,000
$277,612,176 $267,357,038 $10,255,138 $42,980,753 $12,336,582 $30,644,171 $12,960,000 $12,960,000
$277,612,176 $267,357,038 $10,255,138 $42,980,753 $12,336,582 $30,644,171 $12,960,000 $12,960,000
2854
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$12,960,000 $12,960,000 $12,960,000 $333,552,929 $333,552,929 $333,552,929
55.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$1,281,247
$1,281,247
$1,281,247
55.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$572,819
$572,819
$572,819
55.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($139,693)
($139,693)
($139,693)
55.4 Reduce funds to reflect savings from an increase in the Federal Medical Assistance Percentage (FMAP) rate from 66.69% to
67.40%.
State General Funds
($4,988,014) ($4,988,014) ($4,988,014)
55.5 Increase funds for the establishment of intensive support coordination services for New Options Waivers (NOW) and the
Comprehensive Supports Waiver Program (COMP).
State General Funds
$3,189,659
$3,189,659
$3,189,659
55.6 Increase funds to annualize the cost of the 250 FY2015 New Options Waivers (NOW) and Comprehensive Supports Waiver
Program (COMP) 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
$6,927,540
$6,927,540
$6,927,540
55.7 Utilize existing funds for deaf appropriate services. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
55.8 Increase funds for 75 additional slots for the New Options Waiver (NOW) and the Comprehensive Supports Waiver Program
(COMP).
State General Funds
$1,124,226
$1,124,226
55.9 Increase funds for additional supported employment slots for people with developmental disabilities.
State General Funds
$980,000
55.100-Adult Developmental Disabilities Services
Appropriation (HB 76)
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
$284,455,734 $285,579,960 $286,559,960
State General Funds
$274,200,596 $275,324,822 $276,304,822
MONDAY, MARCH 23, 2015
2855
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
$10,255,138 $42,980,753 $12,336,582 $30,644,171 $12,960,000 $12,960,000 $12,960,000 $340,396,487
$10,255,138 $42,980,753 $12,336,582 $30,644,171 $12,960,000 $12,960,000 $12,960,000 $341,520,713
$10,255,138 $42,980,753 $12,336,582 $30,644,171 $12,960,000 $12,960,000 $12,960,000 $342,500,713
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
$88,703,914 $88,703,914
$26,500 $26,500 $26,500 $88,730,414
$88,703,914 $88,703,914
$26,500 $26,500 $26,500 $88,730,414
$88,703,914 $88,703,914
$26,500 $26,500 $26,500 $88,730,414
56.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$817,756
$817,756
$817,756
56.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$528,754
$528,754
$528,754
56.3 Increase funds for personnel for the employee retention plan for health services technicians and forensic services technicians.
State General Funds
$1,049,649
$1,049,649
56.100 -Adult Forensic Services
Appropriation (HB 76)
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.
2856
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$90,050,424 $90,050,424
$26,500 $26,500 $26,500 $90,076,924
$91,100,073 $91,100,073
$26,500 $26,500 $26,500 $91,126,573
$91,100,073 $91,100,073
$26,500 $26,500 $26,500 $91,126,573
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
$346,102,519 $346,102,519 $11,858,953
$3,062,355 $6,726,178 $2,070,420 $2,220,095 $2,220,095 $2,220,095 $360,181,567
$346,102,519 $346,102,519 $11,858,953
$3,062,355 $6,726,178 $2,070,420 $2,220,095 $2,220,095 $2,220,095 $360,181,567
$346,102,519 $346,102,519 $11,858,953
$3,062,355 $6,726,178 $2,070,420 $2,220,095 $2,220,095 $2,220,095 $360,181,567
57.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$1,078,419
$1,078,419
$1,078,419
57.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$1,579,464
$1,579,464
$1,579,464
57.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$48,313
$48,313
$48,313
57.4 Reduce funds to reflect savings from an increase in the Federal Medical Assistance Percentage (FMAP) rate from 66.69% to
67.40%.
State General Funds
($791,202)
($791,202)
($791,202)
MONDAY, MARCH 23, 2015
2857
57.5 Increase funds to annualize the cost of three behavioral health crisis centers (BHCC) 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
$2,313,015
$2,313,015
$2,313,015
57.6 Utilize existing funds for community-based crisis stabilization and inpatient hospital beds in Metro Atlanta.
(G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
57.7 Utilize existing funds for deaf appropriate services. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
57.8 Increase funds for eight inpatient Crisis Stabilization Unit beds in Fulton County.
State General Funds
$1,387,000
$1,387,000
57.100 -Adult Mental Health Services
Appropriation (HB 76)
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
$350,330,528 $351,717,528 $351,717,528
State General Funds
$350,330,528 $351,717,528 $351,717,528
TOTAL FEDERAL FUNDS
$11,858,953 $11,858,953 $11,858,953
Federal Funds Not Itemized
$3,062,355
$3,062,355
$3,062,355
Community Mental Health Services Block Grant CFDA93.958
$6,726,178
$6,726,178
$6,726,178
Medical Assistance Program CFDA93.778
$2,070,420
$2,070,420
$2,070,420
TOTAL AGENCY FUNDS
$2,220,095
$2,220,095
$2,220,095
Sales and Services
$2,220,095
$2,220,095
$2,220,095
Sales and Services Not Itemized
$2,220,095
$2,220,095
$2,220,095
TOTAL PUBLIC FUNDS
$364,409,576 $365,796,576 $365,796,576
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
$3,277,358 $3,277,358 $8,114,223
$236,074
$3,277,358 $3,277,358 $8,114,223
$236,074
$3,277,358 $3,277,358 $8,114,223
$236,074
2858
JOURNAL OF THE HOUSE
Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS
$7,878,149 $11,391,581
$7,878,149 $11,391,581
$7,878,149 $11,391,581
58.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$4,041
$4,041
$4,041
58.100-Child and Adolescent Addictive Diseases Services
Appropriation (HB 76)
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
$3,281,399
$3,281,399
$3,281,399
State General Funds
$3,281,399
$3,281,399
$3,281,399
TOTAL FEDERAL FUNDS
$8,114,223
$8,114,223
$8,114,223
Medical Assistance Program CFDA93.778
$236,074
$236,074
$236,074
Prevention & Treatment of Substance Abuse Grant CFDA93.959
$7,878,149
$7,878,149
$7,878,149
TOTAL PUBLIC FUNDS
$11,395,622 $11,395,622 $11,395,622
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
$8,822,918 $8,822,918 $3,588,692 $3,588,692 $12,411,610
$8,822,918 $8,822,918 $3,588,692 $3,588,692 $12,411,610
$8,822,918 $8,822,918 $3,588,692 $3,588,692 $12,411,610
59.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$6,945
$6,945
$6,945
59.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$10,820
$10,820
$10,820
MONDAY, MARCH 23, 2015
2859
59.100-Child and Adolescent Developmental Disabilities
Appropriation (HB 76)
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
$8,840,683
$8,840,683
$8,840,683
State General Funds
$8,840,683
$8,840,683
$8,840,683
TOTAL FEDERAL FUNDS
$3,588,692
$3,588,692
$3,588,692
Medical Assistance Program CFDA93.778
$3,588,692
$3,588,692
$3,588,692
TOTAL PUBLIC FUNDS
$12,429,375 $12,429,375 $12,429,375
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
$5,193,233 $5,193,233 $5,193,233
$5,193,233 $5,193,233 $5,193,233
$5,193,233 $5,193,233 $5,193,233
60.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$23,550
$23,550
$23,550
60.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$13,443
$13,443
$13,443
60.100 -Child and Adolescent Forensic Services
Appropriation (HB 76)
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
$5,230,226
$5,230,226
$5,230,226
State General Funds
$5,230,226
$5,230,226
$5,230,226
TOTAL PUBLIC FUNDS
$5,230,226
$5,230,226
$5,230,226
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.
2860
JOURNAL OF THE HOUSE
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
$49,231,759 $49,231,759 $10,324,515
$7,437,531 $2,886,984
$85,000 $85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $62,226,055
$49,231,759 $49,231,759 $10,324,515
$7,437,531 $2,886,984
$85,000 $85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $62,226,055
$49,231,759 $49,231,759 $10,324,515
$7,437,531 $2,886,984
$85,000 $85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $62,226,055
61.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$75,594
$75,594
$75,594
61.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$35,290
$35,290
$35,290
61.100 -Child and Adolescent Mental Health Services
Appropriation (HB 76)
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
$49,342,643 $49,342,643 $49,342,643
State General Funds
$49,342,643 $49,342,643 $49,342,643
TOTAL FEDERAL FUNDS
$10,324,515 $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
$2,886,984
$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
MONDAY, MARCH 23, 2015
2861
Agency to Agency Contracts Federal Funds Transfers
Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS
$2,536,683 $48,098 $48,098
$62,336,939
$2,536,683 $48,098 $48,098
$62,336,939
$2,536,683 $48,098 $48,098
$62,336,939
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
$37,183,252 $37,183,252 $11,715,584
$4,378,613 $7,336,971
$22,133 $22,133 $22,133 $48,920,969
$37,183,252 $37,183,252 $11,715,584
$4,378,613 $7,336,971
$22,133 $22,133 $22,133 $48,920,969
$37,183,252 $37,183,252 $11,715,584
$4,378,613 $7,336,971
$22,133 $22,133 $22,133 $48,920,969
62.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$212,306
$212,306
$212,306
62.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$172,581
$172,581
$172,581
62.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$87,199
$87,199
$87,199
62.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$9,721
$9,721
$9,721
62.5 Transfer funds and two positions from the Department of Behavioral Health and Developmental Disabilities Departmental
Administration program to the Governor's Office program for the Disability Services Ombudsman to promote the safety, well-being,
and rights of consumers.
State General Funds
($279,154)
($279,154)
($279,154)
2862
JOURNAL OF THE HOUSE
62.100-Departmental Administration-Behavioral Health
Appropriation (HB 76)
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
$37,385,905 $37,385,905 $37,385,905
State General Funds
$37,385,905 $37,385,905 $37,385,905
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
$49,123,622 $49,123,622 $49,123,622
Direct Care Support Services The purpose of this appropriation is to operate five state-owned and operated hospitals.
Continuation Budget
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
$106,913,512 $106,913,512 $11,153,331
$668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130
$62,580 $120,486,553
$106,913,512 $106,913,512 $11,153,331
$668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130
$62,580 $120,486,553
$106,913,512 $106,913,512 $11,153,331
$668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130
$62,580 $120,486,553
63.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$1,204,130
$1,204,130
$1,204,130
63.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$740,882
$740,882
$740,882
MONDAY, MARCH 23, 2015
2863
63.100 -Direct Care Support Services
The purpose of this appropriation is to operate five state-owned and operated hospitals.
TOTAL STATE FUNDS
$108,858,524
State General Funds
$108,858,524
TOTAL AGENCY FUNDS
$11,153,331
Royalties and Rents
$668,024
Royalties and Rents Not Itemized
$668,024
Sales and Services
$10,485,307
Sales and Services Not Itemized
$10,485,307
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$2,419,710
State Funds Transfers
$2,419,710
State Fund Transfers Not Itemized
$2,357,130
Agency to Agency Contracts
$62,580
TOTAL PUBLIC FUNDS
$122,431,565
Appropriation (HB 76)
$108,858,524 $108,858,524 $11,153,331
$668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130
$62,580 $122,431,565
$108,858,524 $108,858,524 $11,153,331
$668,024 $668,024 $10,485,307 $10,485,307 $2,419,710 $2,419,710 $2,357,130
$62,580 $122,431,565
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
$234,128 $234,128 $9,996,415 $9,996,415 $10,230,543
$234,128 $234,128 $9,996,415 $9,996,415 $10,230,543
$234,128 $234,128 $9,996,415 $9,996,415 $10,230,543
64.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$267
$267
$267
64.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$193
$193
$193
64.100-Substance Abuse Prevention
Appropriation (HB 76)
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.
2864
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Prevention & Treatment of Substance Abuse Grant CFDA93.959
TOTAL PUBLIC FUNDS
$234,588 $234,588 $9,996,415 $9,996,415 $10,231,003
$234,588 $234,588 $9,996,415 $9,996,415 $10,231,003
$234,588 $234,588 $9,996,415 $9,996,415 $10,231,003
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
$244,153 $244,153 $2,677,624 $2,677,624 $2,921,777
$244,153 $244,153 $2,677,624 $2,677,624 $2,921,777
$244,153 $244,153 $2,677,624 $2,677,624 $2,921,777
65.100-Developmental Disabilities, Georgia Council on
Appropriation (HB 76)
The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their
families.
TOTAL STATE FUNDS
$244,153
$244,153
$244,153
State General Funds
$244,153
$244,153
$244,153
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
$2,921,777
$2,921,777
$2,921,777
Sexual Offender Review Board
Continuation Budget
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 STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$661,254 $661,254 $661,254
$661,254 $661,254 $661,254
$661,254 $661,254 $661,254
MONDAY, MARCH 23, 2015
2865
66.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$8,643
$8,643
$8,643
66.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$3,484
$3,484
$3,484
66.100 -Sexual Offender Review Board
Appropriation (HB 76)
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 STATE FUNDS
$673,381
$673,381
$673,381
State General Funds
$673,381
$673,381
$673,381
TOTAL PUBLIC FUNDS
$673,381
$673,381
$673,381
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
Section Total - Continuation
$64,428,953 $64,428,953
$64,428,953 $64,428,953
$172,892,464 $172,892,464
$172,892,464 $172,892,464
$13,110,483 $13,110,483
$344,319
$344,319
$344,319
$344,319
$11,163,006 $11,163,006
$11,163,006 $11,163,006
$1,603,158
$1,603,158
$1,603,158
$1,603,158
$70,386
$70,386
$60,480
$60,480
$60,480
$60,480
$9,906
$9,906
$9,906
$9,906
$250,502,286 $250,502,286
$64,428,953 $64,428,953 $172,892,464 $172,892,464 $13,110,483
$344,319 $344,319 $11,163,006 $11,163,006 $1,603,158 $1,603,158
$70,386 $60,480 $60,480
$9,906 $9,906 $250,502,286
2866
JOURNAL OF THE HOUSE
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
Section Total - Final
$64,620,515 $64,620,515 $172,892,464 $172,892,464 $13,110,483
$344,319 $344,319 $11,163,006 $11,163,006 $1,603,158 $1,603,158
$70,386 $60,480 $60,480
$9,906 $9,906 $250,693,848
$64,298,143 $64,298,143 $172,892,464 $172,892,464 $13,110,483
$344,319 $344,319 $11,163,006 $11,163,006 $1,603,158 $1,603,158
$70,386 $60,480 $60,480
$9,906 $9,906 $250,371,476
$64,623,143 $64,623,143 $172,892,464 $172,892,464 $13,110,483
$344,319 $344,319 $11,163,006 $11,163,006 $1,603,158 $1,603,158
$70,386 $60,480 $60,480
$9,906 $9,906 $250,696,476
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
$240,794 $240,794
$75,116 $75,116 $257,804 $257,804 $257,804 $573,714
$240,794 $240,794
$75,116 $75,116 $257,804 $257,804 $257,804 $573,714
$240,794 $240,794
$75,116 $75,116 $257,804 $257,804 $257,804 $573,714
MONDAY, MARCH 23, 2015
2867
67.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$4,103
$4,103
$4,103
67.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$1,938
$1,938
$1,938
67.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$131
$131
$131
67.100 -Building Construction
Appropriation (HB 76)
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
$246,966
$246,966
$246,966
State General Funds
$246,966
$246,966
$246,966
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
$579,886
$579,886
$579,886
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
$3,672,181 $3,672,181
$126,906 $126,906
$3,672,181 $3,672,181
$126,906 $126,906
$3,672,181 $3,672,181
$126,906 $126,906
2868
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$126,906 $3,799,087
$126,906 $3,799,087
$126,906 $3,799,087
68.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$17,013
$17,013
$17,013
68.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$8,944
$8,944
$8,944
68.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$566
$566
$566
68.4 Increase funds for environmental program activities.
State General Funds
$50,000
$50,000
68.100 -Coordinated Planning
Appropriation (HB 76)
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
$3,698,704
$3,748,704
$3,748,704
State General Funds
$3,698,704
$3,748,704
$3,748,704
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
$3,825,610
$3,875,610
$3,875,610
Departmental Administration
Continuation Budget
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
$1,116,849 $1,116,849 $3,216,000 $3,216,000
$1,116,849 $1,116,849 $3,216,000 $3,216,000
$1,116,849 $1,116,849 $3,216,000 $3,216,000
MONDAY, MARCH 23, 2015
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 $6,557,530
$2,214,775 $44,319 $44,319
$1,900,237 $1,900,237
$270,219 $270,219
$9,906 $9,906 $9,906 $6,557,530
$2,214,775 $44,319 $44,319
$1,900,237 $1,900,237
$270,219 $270,219
$9,906 $9,906 $9,906 $6,557,530
69.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$2,183
$2,183
$2,183
69.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$862
$862
$862
69.3 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$3,689
$3,689
$3,689
69.100-Departmental Administration
Appropriation (HB 76)
The purpose of this appropriation is to provide administrative support for all programs of the department.
TOTAL STATE FUNDS
$1,123,583
$1,123,583
$1,123,583
State General Funds
$1,123,583
$1,123,583
$1,123,583
TOTAL FEDERAL FUNDS
$3,216,000
$3,216,000
$3,216,000
Federal Funds Not Itemized
$3,216,000
$3,216,000
$3,216,000
TOTAL AGENCY FUNDS
$2,214,775
$2,214,775
$2,214,775
Reserved Fund Balances
$44,319
$44,319
$44,319
Reserved Fund Balances Not Itemized
$44,319
$44,319
$44,319
Intergovernmental Transfers
$1,900,237
$1,900,237
$1,900,237
Intergovernmental Transfers Not Itemized
$1,900,237
$1,900,237
$1,900,237
Sales and Services
$270,219
$270,219
$270,219
Sales and Services Not Itemized
$270,219
$270,219
$270,219
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$9,906
$9,906
$9,906
2869
2870
JOURNAL OF THE HOUSE
Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$9,906 $9,906 $6,564,264
$9,906 $9,906 $6,564,264
$9,906 $9,906 $6,564,264
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 PUBLIC FUNDS
$1,574,507 $1,574,507 $52,272,828 $52,272,828
$305,415 $275,415 $275,415
$30,000 $30,000 $54,152,750
$1,574,507 $1,574,507 $52,272,828 $52,272,828
$305,415 $275,415 $275,415
$30,000 $30,000 $54,152,750
$1,574,507 $1,574,507 $52,272,828 $52,272,828
$305,415 $275,415 $275,415
$30,000 $30,000 $54,152,750
70.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$19,410
$19,410
$19,410
70.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$10,121
$10,121
$10,121
70.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$720
$720
$720
70.100-Federal Community and Economic Development Programs
Appropriation (HB 76)
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
$1,604,758
$1,604,758
$1,604,758
State General Funds
$1,604,758
$1,604,758
$1,604,758
TOTAL FEDERAL FUNDS
$52,272,828 $52,272,828 $52,272,828
MONDAY, MARCH 23, 2015
2871
Federal Funds Not Itemized TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$52,272,828 $305,415 $275,415 $275,415 $30,000 $30,000
$54,183,001
$52,272,828 $305,415 $275,415 $275,415 $30,000 $30,000
$54,183,001
$52,272,828 $305,415 $275,415 $275,415 $30,000 $30,000
$54,183,001
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 76)
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
2872
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
$1,032,544 $1,032,544
$108,000 $108,000 $188,650 $175,000 $175,000
$13,650 $13,650 $1,329,194
$1,032,544 $1,032,544
$108,000 $108,000 $188,650 $175,000 $175,000
$13,650 $13,650 $1,329,194
$1,032,544 $1,032,544
$108,000 $108,000 $188,650 $175,000 $175,000
$13,650 $13,650 $1,329,194
72.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$15,179
$15,179
$15,179
72.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$7,175
$7,175
$7,175
72.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$393
$393
$393
72.100 -Regional Services
Appropriation (HB 76)
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.
MONDAY, MARCH 23, 2015
2873
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
$1,055,291 $1,055,291
$108,000 $108,000 $188,650 $175,000 $175,000
$13,650 $13,650 $1,351,941
$1,055,291 $1,055,291
$108,000 $108,000 $188,650 $175,000 $175,000
$13,650 $13,650 $1,351,941
$1,055,291 $1,055,291
$108,000 $108,000 $188,650 $175,000 $175,000
$13,650 $13,650 $1,351,941
Rental Housing Programs
Continuation Budget
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 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 76)
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.
2874
JOURNAL OF THE HOUSE
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
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
$388,430 $388,430 $388,430
$388,430 $388,430 $388,430
$388,430 $388,430 $388,430
74.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$5,441
$5,441
$5,441
74.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$2,730
$2,730
$2,730
74.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$174
$174
$174
74.100-Research and Surveys
Appropriation (HB 76)
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
$396,775
$396,775
$396,775
State General Funds
$396,775
$396,775
$396,775
TOTAL PUBLIC FUNDS
$396,775
$396,775
$396,775
MONDAY, MARCH 23, 2015
2875
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
TOTAL PUBLIC FUNDS
$2,962,892 $2,962,892 $1,702,960 $1,702,960
$776,725 $300,000 $300,000 $476,725 $476,725
$60,480 $60,480 $60,480 $5,503,057
$2,962,892 $2,962,892 $1,702,960 $1,702,960
$776,725 $300,000 $300,000 $476,725 $476,725
$60,480 $60,480 $60,480 $5,503,057
$2,962,892 $2,962,892 $1,702,960 $1,702,960
$776,725 $300,000 $300,000 $476,725 $476,725
$60,480 $60,480 $60,480 $5,503,057
75.100 -Special Housing Initiatives
Appropriation (HB 76)
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
2876
JOURNAL OF THE HOUSE
State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$60,480 $60,480 $5,503,057
$60,480 $60,480 $5,503,057
$60,480 $60,480 $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
$750,313 $750,313
$55,284 $55,284 $55,284 $805,597
$750,313 $750,313
$55,284 $55,284 $55,284 $805,597
$750,313 $750,313
$55,284 $55,284 $55,284 $805,597
76.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$9,564
$9,564
$9,564
76.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$4,086
$4,086
$4,086
76.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$262
$262
$262
76.100-State Community Development Programs
Appropriation (HB 76)
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
$764,225
$764,225
$764,225
State General Funds
$764,225
$764,225
$764,225
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
$819,509
$819,509
$819,509
MONDAY, MARCH 23, 2015
2877
State Economic Development Programs
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
$21,089,109 $21,089,109
$95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $21,424,696
$21,089,109 $21,089,109
$95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $21,424,696
$21,089,109 $21,089,109
$95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $21,424,696
77.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$2,381
$2,381
$2,381
77.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$554
$554
$554
77.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$109
$109
$109
77.100-State Economic Development Programs
Appropriation (HB 76)
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
$21,092,153 $21,092,153 $21,092,153
State General Funds
$21,092,153 $21,092,153 $21,092,153
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
2878
JOURNAL OF THE HOUSE
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$69,587 $69,587 $21,427,740
$69,587 $69,587 $21,427,740
$69,587 $69,587 $21,427,740
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
$348,495 $348,495 $348,495
$348,495 $348,495 $348,495
$348,495 $348,495 $348,495
78.1 Increase funds for the Metropolitan North Georgia Water Planning District. State General Funds 78.2 Increase funds for the Georgia Rural Water Association. State General Funds
$500,000
$500,000 $25,000
78.100-Payments to Georgia Environmental Finance Authority
Appropriation (HB 76)
The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects.
TOTAL STATE FUNDS
$348,495
$848,495
$873,495
State General Funds
$348,495
$848,495
$873,495
TOTAL PUBLIC FUNDS
$348,495
$848,495
$873,495
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
$11,252,839 $11,252,839 $11,252,839
$11,252,839 $11,252,839 $11,252,839
$11,252,839 $11,252,839 $11,252,839
79.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$48,264
$48,264
$48,264
MONDAY, MARCH 23, 2015
2879
79.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$26,206
$26,206
$26,206
79.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($837)
($837)
($837)
79.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$201
$201
$201
79.5 Reduce funds to meet projected expenditures.
State General Funds
($872,372)
($572,372)
79.100 -Payments to Georgia Regional Transportation Authority
Appropriation (HB 76)
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
$11,326,673 $10,454,301 $10,754,301
State General Funds
$11,326,673 $10,454,301 $10,754,301
TOTAL PUBLIC FUNDS
$11,326,673 $10,454,301 $10,754,301
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
$20,000,000 $20,000,000
$178,902 $178,902 $178,902 $20,178,902
$20,000,000 $20,000,000
$178,902 $178,902 $178,902 $20,178,902
$20,000,000 $20,000,000
$178,902 $178,902 $178,902 $20,178,902
80.1 Utilize existing funds for special projects. (S:YES)
State General Funds
$0
80.2 Utilize existing funds for credit enhancement for disadvantaged small businesses who are contracting or are attempting to
contract with the Department of Transportation (Total Funds $5,000,000). (S:YES)
State General Funds
$0
2880
JOURNAL OF THE HOUSE
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
$20,000,000 $20,000,000
$178,902 $178,902 $178,902 $20,178,902
Appropriation (HB 76)
$20,000,000 $20,000,000
$178,902 $178,902 $178,902 $20,178,902
$20,000,000 $20,000,000
$178,902 $178,902 $178,902 $20,178,902
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 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 Agency to Agency Contracts Health Insurance Payments
Section Total - Continuation
$3,068,589,491 $3,068,589,491 $3,068,589,491
$2,526,647,599 $2,526,647,599 $2,526,647,599
$109,968,257 $109,968,257 $109,968,257
$167,756,401 $167,756,401 $167,756,401
$264,217,234 $264,217,234 $264,217,234
$6,513,205,963 $6,513,205,963 $6,513,205,963
$26,643,401 $26,643,401 $26,643,401
$6,153,947,877 $6,153,947,877 $6,153,947,877
$332,614,685 $332,614,685 $332,614,685
$220,087,828 $220,087,828 $220,087,828
$214,057,828 $214,057,828 $214,057,828
$214,057,828 $214,057,828 $214,057,828
$330,000
$330,000
$330,000
$330,000
$330,000
$330,000
$2,400,000
$2,400,000
$2,400,000
$2,400,000
$2,400,000
$2,400,000
$3,300,000
$3,300,000
$3,300,000
$3,300,000
$3,300,000
$3,300,000
$3,454,999,007 $3,454,999,007 $3,454,999,007
$3,454,999,007 $3,454,999,007 $3,454,999,007
$1,168,519
$1,168,519
$1,168,519
$3,172,973,226 $3,172,973,226 $3,172,973,226
MONDAY, MARCH 23, 2015
Optional Medicaid Services Payments TOTAL PUBLIC FUNDS
$280,857,262 $280,857,262 $280,857,262 $13,256,882,289 $13,256,882,289 $13,256,882,289
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 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 Agency to Agency Contracts Health Insurance Payments Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS
Section Total - Final
$3,062,325,153 $3,035,257,233 $3,048,904,898
$2,512,132,321 $2,485,064,401 $2,498,712,066
$109,968,257 $109,968,257 $109,968,257
$167,969,114 $167,969,114 $167,969,114
$272,255,461 $272,255,461 $272,255,461
$6,975,127,110 $6,919,616,389 $6,944,108,414
$26,643,401 $26,643,401 $26,643,401
$6,522,902,731 $6,467,392,010 $6,491,884,035
$425,580,978 $425,580,978 $425,580,978
$221,287,828 $221,287,828 $221,287,828
$214,057,828 $214,057,828 $214,057,828
$214,057,828 $214,057,828 $214,057,828
$330,000
$330,000
$330,000
$330,000
$330,000
$330,000
$3,600,000
$3,600,000
$3,600,000
$3,600,000
$3,600,000
$3,600,000
$3,300,000
$3,300,000
$3,300,000
$3,300,000
$3,300,000
$3,300,000
$3,400,123,480 $3,501,948,480 $3,501,948,480
$3,400,123,480 $3,501,948,480 $3,501,948,480
$1,168,519
$1,168,519
$1,168,519
$3,118,097,699 $3,219,922,699 $3,219,922,699
$280,857,262 $280,857,262 $280,857,262
$13,658,863,571 $13,678,109,930 $13,716,249,620
Departmental Administration and Program Support
Continuation Budget
The purpose of this appropriation is to provide administrative support to all departmental programs.
2881
2882
JOURNAL OF THE HOUSE
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 Sanctions, Fines, and Penalties Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Health Insurance Payments
TOTAL PUBLIC FUNDS
$66,857,380 $66,857,380 $296,140,528
$1,921,233 $267,962,627 $26,256,668
$3,630,000 $330,000 $330,000
$3,300,000 $3,300,000 $22,480,104 $22,480,104 $1,168,519 $21,311,585 $389,108,012
$66,857,380 $66,857,380 $296,140,528
$1,921,233 $267,962,627 $26,256,668
$3,630,000 $330,000 $330,000
$3,300,000 $3,300,000 $22,480,104 $22,480,104 $1,168,519 $21,311,585 $389,108,012
$66,857,380 $66,857,380 $296,140,528
$1,921,233 $267,962,627 $26,256,668
$3,630,000 $330,000 $330,000
$3,300,000 $3,300,000 $22,480,104 $22,480,104 $1,168,519 $21,311,585 $389,108,012
81.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$195,109
$195,109
$195,109
81.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$101,581
$101,581
$101,581
81.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$8,883
$8,883
$8,883
81.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$37,378
$37,378
$37,378
81.5 Reduce funds for operations.
State General Funds
($82,725)
$0
($82,725)
81.6 Eliminate funds for contracts.
State General Funds
($2,000,000) ($2,000,000)
81.7 Reduce funds.
State General Funds
($25)
($25)
MONDAY, MARCH 23, 2015
81.8 Increase funds for personnel for additional audit staff to review presumptive eligibility determinations. State General Funds
$100,000
81.100-Departmental Administration and Program Support
Appropriation (HB 76)
The purpose of this appropriation is to provide administrative support to all departmental programs.
TOTAL STATE FUNDS
$67,117,606 $65,200,306 $65,217,581
State General Funds
$67,117,606 $65,200,306 $65,217,581
TOTAL FEDERAL FUNDS
$296,140,528 $296,140,528 $296,140,528
Federal Funds Not Itemized
$1,921,233
$1,921,233
$1,921,233
Medical Assistance Program CFDA93.778
$267,962,627 $267,962,627 $267,962,627
State Children's Insurance Program CFDA93.767
$26,256,668 $26,256,668 $26,256,668
TOTAL AGENCY FUNDS
$3,630,000
$3,630,000
$3,630,000
Rebates, Refunds, and Reimbursements
$330,000
$330,000
$330,000
Rebates, Refunds, and Reimbursements Not Itemized
$330,000
$330,000
$330,000
Sanctions, Fines, and Penalties
$3,300,000
$3,300,000
$3,300,000
Sanctions, Fines, and Penalties Not Itemized
$3,300,000
$3,300,000
$3,300,000
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$22,480,104 $22,480,104 $22,480,104
State Funds Transfers
$22,480,104 $22,480,104 $22,480,104
Agency to Agency Contracts
$1,168,519
$1,168,519
$1,168,519
Health Insurance Payments
$21,311,585 $21,311,585 $21,311,585
TOTAL PUBLIC FUNDS
$389,368,238 $387,450,938 $387,468,213
Georgia Board of Dentistry
Continuation Budget
The purpose of this appropriation is to protect public health by licensing qualified applicants as dentists and dental hygienists,
regulating the practice of dentistry, investigating complaints, and taking appropriate disciplinary action when warranted.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$802,970 $802,970 $802,970
$802,970 $802,970 $802,970
$802,970 $802,970 $802,970
82.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$5,669
$5,669
$5,669
2883
2884
JOURNAL OF THE HOUSE
82.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$3,732
$3,732
$3,732
82.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$258
$258
$258
82.4 Reduce funds for operations.
State General Funds
($4,999)
$0
($4,999)
82.100 -Georgia Board of Dentistry
Appropriation (HB 76)
The purpose of this appropriation is to protect public health by licensing qualified applicants as dentists and dental hygienists,
regulating the practice of dentistry, investigating complaints, and taking appropriate disciplinary action when warranted.
TOTAL STATE FUNDS
$807,630
$812,629
$807,630
State General Funds
$807,630
$812,629
$807,630
TOTAL PUBLIC FUNDS
$807,630
$812,629
$807,630
Georgia State Board of Pharmacy
Continuation Budget
The purpose of this appropriation is to protect public health by licensing qualified pharmacists and pharmacies, regulating the
practice of pharmacy, investigating complaints, and taking appropriate disciplinary actions when warranted.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$744,573 $744,573 $744,573
$744,573 $744,573 $744,573
$744,573 $744,573 $744,573
83.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$2,284
$2,284
$2,284
83.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$3,865
$3,865
$3,865
83.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$104
$104
$104
83.4 Reduce funds for operations.
State General Funds
($4,999)
$0
($4,999)
MONDAY, MARCH 23, 2015
2885
83.100 -Georgia State Board of Pharmacy
Appropriation (HB 76)
The purpose of this appropriation is to protect public health by licensing qualified pharmacists and pharmacies, regulating the
practice of pharmacy, investigating complaints, and taking appropriate disciplinary actions when warranted.
TOTAL STATE FUNDS
$745,827
$750,826
$745,827
State General Funds
$745,827
$750,826
$745,827
TOTAL PUBLIC FUNDS
$745,827
$750,826
$745,827
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
$7,877,990 $7,877,990 $16,446,551 $16,030,301
$416,250 $24,324,541
$7,877,990 $7,877,990 $16,446,551 $16,030,301
$416,250 $24,324,541
$7,877,990 $7,877,990 $16,446,551 $16,030,301
$416,250 $24,324,541
84.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$18,620
$18,620
$18,620
84.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$15,474
$15,474
$15,474
84.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$848
$848
$848
84.4 Eliminate funds for one-time funding of Federally Qualified Health Centers (FQHC) start-up grants.
State General Funds
($1,000,000) ($1,000,000) ($1,000,000)
84.5 Increase funds for one-time funding for one Federally Qualified Health Center (FQHC) start-up grant (Wheeler County).
State General Funds
$250,000
$250,000
2886
JOURNAL OF THE HOUSE
84.6 Increase funds for the Rural Hospital Stabilization Committee's grants to critical access hospitals and other rural health care
providers. (S:Submit a report to the General Assembly that includes funding structure, goals, performance measures, partnership
documentation, a mechanism for how the rural hospital stabilization will increase access to obstetric care, and add additional site)
State General Funds
$3,000,000
$4,000,000
84.7 Increase funds for increased capacity and expansion of services in charity clinics.
State General Funds
$1,000,000
84.100 -Health Care Access and Improvement
Appropriation (HB 76)
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
$6,912,932 $10,162,932 $12,162,932
State General Funds
$6,912,932 $10,162,932 $12,162,932
TOTAL FEDERAL FUNDS
$16,446,551 $16,446,551 $16,446,551
Federal Funds Not Itemized
$16,030,301 $16,030,301 $16,030,301
Medical Assistance Program CFDA93.778
$416,250
$416,250
$416,250
TOTAL PUBLIC FUNDS
$23,359,483 $26,609,483 $28,609,483
Healthcare Facility Regulation
Continuation Budget
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 Federal Funds Not Itemized Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$7,475,244 $7,475,244 $9,227,396 $5,904,653 $3,322,743
$100,000 $100,000 $100,000 $16,802,640
$7,475,244 $7,475,244 $9,227,396 $5,904,653 $3,322,743
$100,000 $100,000 $100,000 $16,802,640
$7,475,244 $7,475,244 $9,227,396 $5,904,653 $3,322,743
$100,000 $100,000 $100,000 $16,802,640
85.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$96,187
$96,187
$96,187
MONDAY, MARCH 23, 2015
2887
85.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$46,703
$46,703
$46,703
85.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$4,379
$4,379
$4,379
85.4 Increase funds to replace funds lost as a result of updates to the cost allocation plan.
State General Funds
$2,895,661
$2,895,661
$2,895,661
85.5 Increase funds for personnel for eight additional nurse surveyors. (S:Increase funds for personnel for four additional nurse
surveyors)
State General Funds
$410,922
$410,922
$205,461
Medical Assistance Program CFDA93.778
$410,922
$410,922
$205,461
Total Public Funds:
$821,844
$821,844
$410,922
85.100-Healthcare Facility Regulation
Appropriation (HB 76)
The purpose of this appropriation is to inspect and license long term care and health care facilities.
TOTAL STATE FUNDS
$10,929,096 $10,929,096 $10,723,635
State General Funds
$10,929,096 $10,929,096 $10,723,635
TOTAL FEDERAL FUNDS
$9,638,318
$9,638,318
$9,432,857
Federal Funds Not Itemized
$5,904,653
$5,904,653
$5,904,653
Medical Assistance Program CFDA93.778
$3,733,665
$3,733,665
$3,528,204
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
$20,667,414 $20,667,414 $20,256,492
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
$0 $0 $257,075,969 $257,075,969
$0 $0 $257,075,969 $257,075,969
$0 $0 $257,075,969 $257,075,969
2888
JOURNAL OF THE HOUSE
TOTAL AGENCY FUNDS Intergovernmental Transfers Hospital Authorities Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$141,586,524 $139,386,524 $139,386,524
$2,200,000 $2,200,000 $398,662,493
$141,586,524 $139,386,524 $139,386,524
$2,200,000 $2,200,000 $398,662,493
$141,586,524 $139,386,524 $139,386,524
$2,200,000 $2,200,000 $398,662,493
86.1 Convene a task force of state legislators, Georgia hospital representatives, Governor's Office representatives, and the
Commissioner of the Department of Community Health to develop and submit a plan to the General Assembly by August 1, 2015 to
continue supporting uncompensated hospital care for poor and uninsured Georgians once the federal Disproportionate Share
Hospital (DSH) funds have been reduced. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
86.2 Increase funds to reflect actual funds available.
Sales and Services Not Itemized
$1,000,000
$1,000,000
$1,000,000
86.100 -Indigent Care Trust Fund
Appropriation (HB 76)
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
TOTAL PUBLIC FUNDS
$257,075,969 $257,075,969 $142,586,524 $139,386,524 $139,386,524
$3,200,000 $3,200,000 $399,662,493
$257,075,969 $257,075,969 $142,586,524 $139,386,524 $139,386,524
$3,200,000 $3,200,000 $399,662,493
$257,075,969 $257,075,969 $142,586,524 $139,386,524 $139,386,524
$3,200,000 $3,200,000 $399,662,493
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 for nursing homes
pursuant to Article 6A.
MONDAY, MARCH 23, 2015
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 Intergovernmental Transfers Hospital Authorities
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS
$1,593,729,697 $1,397,353,148
$167,756,401 $28,620,148 $3,256,563,952
$2,787,214 $3,253,776,738
$62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,179,925,269
$1,593,729,697 $1,397,353,148
$167,756,401 $28,620,148 $3,256,563,952
$2,787,214 $3,253,776,738
$62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,179,925,269
$1,593,729,697 $1,397,353,148
$167,756,401 $28,620,148 $3,256,563,952
$2,787,214 $3,253,776,738
$62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,179,925,269
87.1 Increase funds for projected growth.
State General Funds
$3,607,849
$3,607,849
$3,607,849
Medical Assistance Program CFDA93.778
$7,223,281
$7,223,281
$7,223,281
Total Public Funds:
$10,831,130 $10,831,130 $10,831,130
87.2 Reduce funds to reflect an increase in the Federal Medical Assistance Percentage (FMAP) rate from 66.69% to 67.40%.
State General Funds
($34,051,657) ($34,051,657) ($34,051,657)
Medical Assistance Program CFDA93.778
$34,051,657 $34,051,657 $34,051,657
Total Public Funds:
$0
$0
$0
87.3 Increase funds for new Hepatitis C drugs. (H and S:YES; Utilize existing funds for new Hepatitis C drugs)
State General Funds
$22,832,100
$0
$0
Medical Assistance Program CFDA93.778
$47,205,017
$0
$0
Total Public Funds:
$70,037,117
$0
$0
87.4 Increase funds for changes in rate calculations for nursing facility operator changes that occur after January 1, 2012 as
directed by HB744 (2014 Session).
State General Funds
$8,749,685
$8,749,685
$8,749,685
Medical Assistance Program CFDA93.778
$18,089,840 $18,089,840 $18,089,840
Total Public Funds:
$26,839,525 $26,839,525 $26,839,525
2889
2890
JOURNAL OF THE HOUSE
87.5 Increase funds for one-time funding for start-up costs for a voluntary case management program intended to improve the
health outcomes of members.
State General Funds
$12,111,228
$0
$0
Medical Assistance Program CFDA93.778
$25,039,778
$0
$0
Total Public Funds:
$37,151,006
$0
$0
87.6 Increase funds to restore funds for unachievable savings from the implementation of the Public Assistance Reporting
Information System (PARIS).
State General Funds
$500,000
$500,000
$500,000
Medical Assistance Program CFDA93.778
$1,033,742
$1,033,742
$1,033,742
Total Public Funds:
$1,533,742
$1,533,742
$1,533,742
87.7 Increase funds to restore funds for unachievable savings from Hospital Cost Settlements.
State General Funds
$2,583,000
$2,583,000
$2,583,000
Medical Assistance Program CFDA93.778
$5,340,313
$5,340,313
$5,340,313
Total Public Funds:
$7,923,313
$7,923,313
$7,923,313
87.8 Increase funds to restore funds for unachievable savings from the implementation of case management.
State General Funds
$4,150,677
$4,150,677
$4,150,677
Medical Assistance Program CFDA93.778
$8,581,461
$8,581,461
$8,581,461
Total Public Funds:
$12,732,138 $12,732,138 $12,732,138
87.9 Increase funds to reflect projected Nursing Home Provider Fee revenue.
Medical Assistance Program CFDA93.778
$439,781
$439,781
$439,781
Nursing Home Provider Fees
$212,713
$212,713
$212,713
Total Public Funds:
$652,494
$652,494
$652,494
87.10 Utilize enhanced federal participation rate to increase Medicaid reimbursement rates for personal support services by 5% in
the Independent Care Waiver Program (ICWP).
Medical Assistance Program CFDA93.778
$2,991,117
$2,991,117
$2,991,117
87.11 Provide coverage of skilled nursing services in the Independent Care Waiver Program (ICWP) for individuals with severe
physical disabilities who were previously receiving this service through the Georgia Pediatric Program (GAPP) waiver.
(G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
MONDAY, MARCH 23, 2015
2891
87.12 Increase funds to provide a $.50 per hour rate increase for Personal Support Services covered under the Independent Care
Waiver Program (ICWP). (S:Increase funds to provide a $1.00 per hour rate increase for Personal Support Services covered under
the Independent Care Waiver Program (ICWP) for Direct Support Professionals)
State General Funds
$1,329,428
$2,658,856
Medical Assistance Program CFDA93.778
$2,748,200
$5,496,400
Total Public Funds:
$4,077,628
$8,155,256
87.13 Increase funds to update nursing home reimbursement rates and fair rental value to reflect 2014 cost reports.
State General Funds
$4,500,000
Medical Assistance Program CFDA93.778
$9,303,681
Total Public Funds:
$13,803,681
87.100 -Medicaid: Aged, Blind, and Disabled
Appropriation (HB 76)
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 STATE FUNDS
$1,614,425,292 $1,580,811,392 $1,586,640,820
State General Funds
$1,417,836,030 $1,384,222,130 $1,390,051,558
Nursing Home Provider Fees
$167,969,114 $167,969,114 $167,969,114
Hospital Provider Fee
$28,620,148 $28,620,148 $28,620,148
TOTAL FEDERAL FUNDS
$3,406,559,939 $3,337,063,344 $3,349,115,225
Federal Funds Not Itemized
$2,787,214
$2,787,214
$2,787,214
Medical Assistance Program CFDA93.778
$3,403,772,725 $3,334,276,130 $3,346,328,011
TOTAL AGENCY FUNDS
$62,342,988 $62,342,988 $62,342,988
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
$5,350,616,851 $5,247,506,356 $5,265,387,665
Medicaid: Low-Income Medicaid
Continuation Budget
The purpose of this appropriation is to provide healthcare access primarily to low-income individuals.
2892
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Hospital Provider Fee
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Intergovernmental Transfers Hospital Authorities
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS
$1,241,617,401 $897,879,278 $109,968,257 $233,769,866
$2,371,393,550 $2,371,393,550
$12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,638,756,114
$1,241,617,401 $897,879,278 $109,968,257 $233,769,866
$2,371,393,550 $2,371,393,550
$12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,638,756,114
$1,241,617,401 $897,879,278 $109,968,257 $233,769,866
$2,371,393,550 $2,371,393,550
$12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,638,756,114
88.1 Increase funds for projected growth.
State General Funds
$24,154,611 $24,154,611 $24,154,611
Medical Assistance Program CFDA93.778
$48,359,980 $48,359,980 $48,359,980
Total Public Funds:
$72,514,591 $72,514,591 $72,514,591
88.2 Increase funds to account for increased enrollment caused by the Patient Protection and Affordable Care Act (PPACA)
requirement that hospitals be allowed to determine presumptive eligibility for low-income Medicaid eligibility groups.
State General Funds
$15,194,943 $15,194,943
$6,161,400
Medical Assistance Program CFDA93.778
$31,415,312 $31,415,312 $12,738,600
Total Public Funds:
$46,610,255 $46,610,255 $18,900,000
88.3 Increase funds to account for the continued implementation of 12-month eligibility reviews as required by the Patient
Protection and Affordable Care Act (PPACA).
State General Funds
$37,858,099 $37,858,099 $37,858,099
Medical Assistance Program CFDA93.778
$78,271,039 $78,271,039 $78,271,039
Total Public Funds:
$116,129,138 $116,129,138 $116,129,138
88.4 Increase funds for the increased percentage of Medicaid-eligible individuals enrolling due to the Patient Protection and
Affordable Care Act (PPACA), also known as the "Woodwork Effect."
State General Funds
$2,844,224
$2,844,224
$2,844,224
Medical Assistance Program CFDA93.778
$5,694,425
$5,694,425
$5,694,425
Total Public Funds:
$8,538,649
$8,538,649
$8,538,649
MONDAY, MARCH 23, 2015
2893
88.5 Reduce funds to eliminate one-time funding for the increase in state premium tax liability caused by the primary care provider
(PCP) rate increase required by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
($1,100,000) ($1,100,000) ($1,100,000)
Medical Assistance Program CFDA93.778
($2,202,312) ($2,202,312) ($2,202,312)
Total Public Funds:
($3,302,312) ($3,302,312) ($3,302,312)
88.6 Reduce funds to eliminate one-time funds for foster care run-out claims.
State General Funds
($4,800,000) ($4,800,000) ($4,800,000)
Medical Assistance Program CFDA93.778
($9,610,087) ($9,610,087) ($9,610,087)
Total Public Funds:
($14,410,087) ($14,410,087) ($14,410,087)
88.7 Increase funds to restore funds that were transferred to the Department of Public Health in HB744 (2014 Session) for Georgia
Center for Oncology Research and Education (CORE).
State General Funds
$225,000
$225,000
$225,000
Medical Assistance Program CFDA93.778
$465,184
$465,184
$465,184
Total Public Funds:
$690,184
$690,184
$690,184
88.8 Increase funds to restore funds for unachievable savings from the implementation of the Public Assistance Reporting
Information System (PARIS).
State General Funds
$327,030
$327,030
$327,030
Medical Assistance Program CFDA93.778
$676,130
$676,130
$676,130
Total Public Funds:
$1,003,160
$1,003,160
$1,003,160
88.9 Reduce funds to reflect an increase in the Federal Medical Assistance Percentage (FMAP) rate from 66.69% to 67.40%.
State General Funds
($26,269,120) ($28,636,720) ($28,636,720)
Medical Assistance Program CFDA93.778
$26,269,120 $28,636,720 $28,636,720
Total Public Funds:
$0
$0
$0
88.10 Reduce funds to reflect an increase in the enhanced Federal Medical Assistance Percentage (eFMAP) from 76.68% to 94.22%
for children ages 6 to 19 with household incomes between 100% and 138% of the federal poverty line (FPL) who were moved from
the PeachCare for Kids program to the Low-Income Medicaid program as of January 1, 2014, as required by the Patient Protection
and Affordable Care Act (PPACA).
State General Funds
($18,943,200) ($18,943,200) ($18,943,200)
Medical Assistance Program CFDA93.778
$18,943,200 $18,943,200 $18,943,200
Total Public Funds:
$0
$0
$0
2894
JOURNAL OF THE HOUSE
88.11 Increase funds to restore funds for unachievable savings from Hospital Cost Settlements.
State General Funds
$1,764,000
$1,764,000
$1,764,000
Medical Assistance Program CFDA93.778
$3,647,043
$3,647,043
$3,647,043
Total Public Funds:
$5,411,043
$5,411,043
$5,411,043
88.12 Transfer funds from the Medicaid: Low-Income Medicaid program to the Georgia Board for Physician Workforce: Morehouse
School of Medicine Grant program to increase the operating grant for medical education.
State General Funds
($8,038,227) ($8,038,227) ($8,038,227)
88.13 Increase funds to reflect projected Hospital Provider Payment revenue.
Medical Assistance Program CFDA93.778
$16,618,911 $16,618,911 $16,618,911
Hospital Provider Fee
$8,038,227
$8,038,227
$8,038,227
Total Public Funds:
$24,657,138 $24,657,138 $24,657,138
88.14 Increase funds for increased reimbursement rates for select OB/GYN codes to the 2014 Medicare fee schedule.
State General Funds
$2,957,049
$5,914,098
Medical Assistance Program CFDA93.778
$6,113,653 $12,227,306
Total Public Funds:
$9,070,702 $18,141,404
88.15 Increase funds to provide reimbursement for rotary wing air ambulance adult transports at the pediatric rate.
State General Funds
$500,000
$500,000
Medical Assistance Program CFDA93.778
$1,033,742
$1,033,742
Total Public Funds:
$1,533,742
$1,533,742
88.16 Increase funds for increased reimbursement rates for select primary care codes.
State General Funds
$1,552,973 $13,584,388
Medical Assistance Program CFDA93.778
$3,210,748 $28,085,513
Total Public Funds:
$4,763,721 $41,669,901
88.100 -Medicaid: Low-Income Medicaid
Appropriation (HB 76)
The purpose of this appropriation is to provide healthcare access primarily to low-income individuals.
TOTAL STATE FUNDS
$1,272,872,988 $1,275,515,410 $1,281,470,331
State General Funds
$921,096,638 $923,739,060 $929,693,981
Tobacco Settlement Funds
$109,968,257 $109,968,257 $109,968,257
Hospital Provider Fee
$241,808,093 $241,808,093 $241,808,093
TOTAL FEDERAL FUNDS
$2,589,941,495 $2,602,667,238 $2,614,978,944
Medical Assistance Program CFDA93.778
$2,589,941,495 $2,602,667,238 $2,614,978,944
TOTAL AGENCY FUNDS
$12,328,316 $12,328,316 $12,328,316
MONDAY, MARCH 23, 2015
2895
Intergovernmental Transfers Hospital Authorities
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS
$12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,888,559,646
$12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,903,927,811
$12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,922,194,438
PeachCare
Continuation Budget
The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children.
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
$93,922,150 $92,094,930
$1,827,220 $306,358,017 $306,358,017
$151,783 $151,783 $151,783 $400,431,950
$93,922,150 $92,094,930
$1,827,220 $306,358,017 $306,358,017
$151,783 $151,783 $151,783 $400,431,950
$93,922,150 $92,094,930
$1,827,220 $306,358,017 $306,358,017
$151,783 $151,783 $151,783 $400,431,950
89.1 Increase funds for projected growth.
State General Funds
$5,328,287
$5,328,287
$5,328,287
State Children's Insurance Program CFDA93.767
$17,520,287 $17,520,287 $17,520,287
Total Public Funds:
$22,848,574 $22,848,574 $22,848,574
89.2 Reduce funds to reflect an increase in the enhanced Federal Medical Assistance Percentage (eFMAP) from 76.68% to 94.22%,
as authorized by the Patient Protection and Affordable Care Act (PPACA).
State General Funds
($74,650,629) ($74,650,629) ($74,650,629)
State Children's Insurance Program CFDA93.767
$74,650,629 $74,650,629 $74,650,629
Total Public Funds:
$0
$0
$0
2896
JOURNAL OF THE HOUSE
89.3 Increase funds to restore funds for unachievable savings from the implementation of the Public Assistance Reporting
Information System (PARIS).
State General Funds
$9,288
$9,288
$9,288
State Children's Insurance Program CFDA93.767
$151,404
$151,404
$151,404
Total Public Funds:
$160,692
$160,692
$160,692
89.4 Increase funds to restore funds for unachievable savings from Hospital Cost Settlements.
State General Funds
$39,505
$39,505
$39,505
State Children's Insurance Program CFDA93.767
$643,973
$643,973
$643,973
Total Public Funds:
$683,478
$683,478
$683,478
89.100 -PeachCare
Appropriation (HB 76)
The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children.
TOTAL STATE FUNDS
$24,648,601 $24,648,601 $24,648,601
State General Funds
$22,821,381 $22,821,381 $22,821,381
Hospital Provider Fee
$1,827,220
$1,827,220
$1,827,220
TOTAL FEDERAL FUNDS
$399,324,310 $399,324,310 $399,324,310
State Children's Insurance Program CFDA93.767
$399,324,310 $399,324,310 $399,324,310
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$151,783
$151,783
$151,783
State Funds Transfers
$151,783
$151,783
$151,783
Optional Medicaid Services Payments
$151,783
$151,783
$151,783
TOTAL PUBLIC FUNDS
$424,124,694 $424,124,694 $424,124,694
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 $3,151,661,641 $3,151,661,641 $3,151,661,641 $3,151,661,641
$0 $0 $3,151,661,641 $3,151,661,641 $3,151,661,641 $3,151,661,641
$0 $0 $3,151,661,641 $3,151,661,641 $3,151,661,641 $3,151,661,641
MONDAY, MARCH 23, 2015
2897
90.1 Increase funds to annualize the cost of a pilot program to provide coverage for the treatment of autism spectrum disorders
(ASDs) effective January 1, 2015.
Health Insurance Payments
$2,410,661
$2,410,661
$2,410,661
90.2 Increase funds to annualize the cost for providing coverage for hearing aids for children effective January 1, 2015.
Health Insurance Payments
$853,980
$853,980
$853,980
90.3 Increase funds to annualize the cost of the bariatric surgery pilot program effective January 1, 2015. (H and S:NO; Annualize
funds at the current level for the bariatric surgery pilot program)
Health Insurance Payments
$5,400,000
$3,000,000
$3,000,000
90.4 Increase funds for members requiring treatment with the new Hepatitis C drugs. (H and S:YES; Utilize existing funds for
members requiring treatment with the new Hepatitis C drugs)
Health Insurance Payments
$15,400,000
$0
$0
90.5 Reduce funds to reflect a scheduled reduction in the Transitional Reinsurance Fee imposed by the Patient Protection and
Affordable Care Act (PPACA).
Health Insurance Payments
($4,924,000) ($4,924,000) ($4,924,000)
90.6 Increase funds to account for limits imposed on cost sharing by the Patient Protection and Affordable Care Act (PPACA).
Health Insurance Payments
$46,470,000 $46,470,000 $46,470,000
90.7 Increase funds to account for the projected increased enrollment due to the individual mandate and auto-enrollment of new
employees as required by the Patient Protection and Affordable Care Act (PPACA).
Health Insurance Payments
$14,155,000 $14,155,000 $14,155,000
90.8 Reduce funds to reflect savings from removing copayments from health reimbursement arrangement (HRA) plans.
Health Insurance Payments
($58,000,000) ($58,000,000) ($58,000,000)
90.9 Reduce funds to reflect updated projections for membership, medical services utilization, and medical trend changes.
Health Insurance Payments
($174,853,282) ($174,853,282) ($174,853,282)
90.10 Increase funds for reserves to fund future claims and Other Post-Employment Benefits (OPEB) liabilities.
Health Insurance Payments
$98,212,114 $115,012,114 $115,012,114
90.11 Delay the implementation of the scheduled increase of the employer contribution rate for non-certificated school service
employees from $596.20 per member per month to $746.20 per member per month, deferring the collection of an estimated
$102,825,000 in revenue for the SHBP. (G:YES)(H:NO; Increase funds to implement the scheduled increase of the employer
contribution rate for non-certificated school service employees from $596.20 to $746.20 per member per month)(S:NO; Increase
funds to implement the scheduled increase of the employer contribution rate for non-certificated school service employees from
$596.20 to $746.20 per member per month and follow O.C.G.A. 20-2-910 et seq.)
Health Insurance Payments
$0 $102,825,000 $102,825,000
2898
JOURNAL OF THE HOUSE
90.12 Effective January 1, 2016, eliminate SHBP coverage for non-certificated public school employees, as defined in O.C.G.A. 20-
2-910, who work, on average, fewer than 30 hours per week. (G:YES)(H and S:NO; Maintain SHBP coverage for non-certificated
public school employees as defined in O.C.G.A. 20-2-910)
Health Insurance Payments
$0
$0
$0
90.13 The State Health Benefit Plan shall adopt an emerging technology program allowing members to receive routine episodic care
through a consumer oriented telemedicine vendor. (H:YES)(S:YES)
Health Insurance Payments
$0
$0
90.100-State Health Benefit Plan
Appropriation (HB 76)
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
$3,096,786,114 $3,096,786,114 $3,096,786,114 $3,096,786,114
$3,198,611,114 $3,198,611,114 $3,198,611,114 $3,198,611,114
$3,198,611,114 $3,198,611,114 $3,198,611,114 $3,198,611,114
Physician Workforce, Georgia Board for: Board Administration
Continuation Budget
The purpose of this appropriation is to provide administrative support to all agency programs.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$695,782 $695,782 $695,782
$695,782 $695,782 $695,782
$695,782 $695,782 $695,782
91.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$4,793
$4,793
$4,793
91.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$3,471
$3,471
$3,471
91.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$218
$218
$218
MONDAY, MARCH 23, 2015
2899
91.4 Eliminate funds for personnel for two vacant positions and transfer savings from the Georgia Board for Physician Workforce:
Board Administration program to the Georgia Board for Physician Workforce: Graduate Medical Education program for six new
residency slots in primary care specialties. (H and S:Eliminate one vacant position and transfer savings to the Georgia Board for
Physician Workforce: Graduate Medical Education program for six new residency slots in primary care specialties)
State General Funds
($96,006)
($44,806)
($44,806)
91.100 -Physician Workforce, Georgia Board for: Board Administration
The purpose of this appropriation is to provide administrative support to all agency programs.
TOTAL STATE FUNDS
$608,258
State General Funds
$608,258
TOTAL PUBLIC FUNDS
$608,258
Appropriation (HB 76)
$659,458 $659,458 $659,458
$659,458 $659,458 $659,458
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
$8,905,464 $8,905,464 $8,905,464
$8,905,464 $8,905,464 $8,905,464
$8,905,464 $8,905,464 $8,905,464
92.1 Increase funds for 11 new residency slots in primary care specialties.
State General Funds
$172,768
$172,768
$172,768
92.2 Transfer funds from the Georgia Board for Physician Workforce: Physicians for Rural Areas program to the Georgia Board
for Physician Workforce: Graduate Medical Education program to align budget expenditures and fund three new residency slots in
primary care specialties.
State General Funds
$40,000
$40,000
$40,000
92.3 Transfer funds from the Georgia Board for Physician Workforce: Board Administration program to the Georgia Board for
Physician Workforce: Graduate Medical Education program to align budget expenditures and fund six new residency slots in primary
care specialties.
State General Funds
$96,006
$96,006
$96,006
2900
JOURNAL OF THE HOUSE
92.4 Increase funds for increased capitation residency grants. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:
$609,500 $1,260,131 $1,869,631
$771,000 $1,594,030 $2,365,030
92.100-Physician Workforce, Georgia Board for: Graduate Medical Education
Appropriation (HB 76)
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
$9,214,238
$9,823,738
$9,985,238
State General Funds
$9,214,238
$9,823,738
$9,985,238
TOTAL FEDERAL FUNDS
$1,260,131
$1,594,030
Medical Assistance Program CFDA93.778
$1,260,131
$1,594,030
TOTAL PUBLIC FUNDS
$9,214,238 $11,083,869 $11,579,268
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
$22,769,911 $22,769,911 $22,769,911
$22,769,911 $22,769,911 $22,769,911
$22,769,911 $22,769,911 $22,769,911
93.1 Increase funds for clinical rotations at the rural health initiative.
State General Funds
$250,000
93.2 Increase funds for the expansion of the three-year Family Medicine Accelerated Track program.
State General Funds
$1,020,000
$250,000 $1,020,000
93.100-Physician Workforce, Georgia Board for: Mercer School of Medicine Grant
Appropriation (HB 76)
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.
MONDAY, MARCH 23, 2015
2901
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$22,769,911 $22,769,911 $22,769,911
$24,039,911 $24,039,911 $24,039,911
$24,039,911 $24,039,911 $24,039,911
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
$15,933,643 $15,933,643 $15,933,643
$15,933,643 $15,933,643 $15,933,643
$15,933,643 $15,933,643 $15,933,643
94.1 Transfer funds from the Medicaid: Low-Income Medicaid program to the Georgia Board for Physician Workforce: Morehouse
School of Medicine Grant program to increase the operating grant for medical education.
State General Funds
$8,038,227
$8,038,227
$8,038,227
94.99 SAC: The purpose of this appropriation is to provide funding for the Morehouse School of Medicine and affiliated hospitals to
help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with the State
of Georgia.
House: The purpose of this appropriation is to provide funding for the Morehouse School of Medicine and affiliated hospitals to help
ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with the State of
Georgia.
Governor: The purpose of this appropriation is to provide funding for the Morehouse School of Medicine and affiliated hospitals to
help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with the State
of Georgia.
State General Funds
$0
$0
$0
94.100-Physician Workforce, Georgia Board for: Morehouse School of Medicine Grant
Appropriation (HB 76)
The purpose of this appropriation is to provide funding for the Morehouse School of Medicine and affiliated hospitals to help ensure
an adequate supply of primary and other needed physician specialists through a public/private partnership with the State of Georgia.
2902
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$23,971,870 $23,971,870 $23,971,870
$23,971,870 $23,971,870 $23,971,870
$23,971,870 $23,971,870 $23,971,870
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
$1,070,000 $1,070,000 $1,070,000
$1,070,000 $1,070,000 $1,070,000
$1,070,000 $1,070,000 $1,070,000
95.1 Reduce funds for the medical recruitment fair and transfer savings from Georgia Board for Physician Workforce: Physicians
for Rural Areas to the Georgia Board for Physician Workforce: Graduate Medical Education program for three new residency slots.
State General Funds
($40,000)
($40,000)
($40,000)
95.2 Realign program activities to provide additional Physician Rural Areas Assistance (PRAA) loan repayment awards.
(G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
95.3 Increase funds to reinstate a rural dentistry loan repayment program.
State General Funds
$200,000
$200,000
95.4 Increase funds for the expansion of the rural Family Medicine Accelerated Track program.
State General Funds
$180,000
$180,000
95.100-Physician Workforce, Georgia Board for: Physicians for Rural Areas
Appropriation (HB 76)
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
$1,030,000
$1,410,000
$1,410,000
State General Funds
$1,030,000
$1,410,000
$1,410,000
TOTAL PUBLIC FUNDS
$1,030,000
$1,410,000
$1,410,000
MONDAY, MARCH 23, 2015
2903
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
$2,087,250 $2,087,250 $2,087,250
$2,087,250 $2,087,250 $2,087,250
$2,087,250 $2,087,250 $2,087,250
96.1 Increase funds for five additional capitation awards for osteopathic medical students. State General Funds
$31,818
$31,818
96.100-Physician Workforce, Georgia Board for: Undergraduate Medical Education
Appropriation (HB 76)
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
$2,087,250
$2,119,068
$2,119,068
State General Funds
$2,087,250
$2,119,068
$2,119,068
TOTAL PUBLIC FUNDS
$2,087,250
$2,119,068
$2,119,068
Georgia Composite Medical Board
Continuation Budget
License qualified applicants as physicians, physician's assistants, respiratory care professionals, perfusionists, acupuncturists,
orthotists, prosthetists, and auricular (ear) detoxification specialists. Also, investigate complaints and discipline those who violate the
Medical Practice Act or other laws governing the professional behavior of the Board licensees.
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$2,189,014 $2,189,014
$100,000 $100,000 $100,000 $2,289,014
$2,189,014 $2,189,014
$100,000 $100,000 $100,000 $2,289,014
$2,189,014 $2,189,014
$100,000 $100,000 $100,000 $2,289,014
2904
JOURNAL OF THE HOUSE
97.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$35,733
$35,733
$35,733
97.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$13,002
$13,002
$13,002
97.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$1,627
$1,627
$1,627
97.4 Increase funds to annualize operations of implementing the Cosmetic Laser Services Act as required by HB528 (2007 Session).
State General Funds
$13,110
$13,110
$13,110
97.5 Increase funds to reflect the collection of administrative fees.
Sales and Services Not Itemized
$200,000
$200,000
$200,000
97.6 Utilize existing funds from contracts ($21,890) for the Cosmetic Laser Services Act implementation. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
97.100-Georgia Composite Medical Board
Appropriation (HB 76)
License qualified applicants as physicians, physician's assistants, respiratory care professionals, perfusionists, acupuncturists,
orthotists, prosthetists, and auricular (ear) detoxification specialists. Also, investigate complaints and discipline those who violate the
Medical Practice Act or other laws governing the professional behavior of the Board licensees.
TOTAL STATE FUNDS
$2,252,486
$2,252,486
$2,252,486
State General Funds
$2,252,486
$2,252,486
$2,252,486
TOTAL AGENCY FUNDS
$300,000
$300,000
$300,000
Sales and Services
$300,000
$300,000
$300,000
Sales and Services Not Itemized
$300,000
$300,000
$300,000
TOTAL PUBLIC FUNDS
$2,552,486
$2,552,486
$2,552,486
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
$1,911,022 $1,911,022 $1,911,022
$1,911,022 $1,911,022 $1,911,022
$1,911,022 $1,911,022 $1,911,022
MONDAY, MARCH 23, 2015
98.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$27,018
$27,018
$27,018
98.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$11,008
$11,008
$11,008
98.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$1,230
$1,230
$1,230
98.4 Reduce funds for operations.
State General Funds
($19,110)
$0
$0
98.5 Increase funds to continue operation of the Georgia Prescription Drug Monitoring Program (PDMP).
State General Funds
$199,232
$99,232
98.100 -Drugs and Narcotics Agency, Georgia
Appropriation (HB 76)
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
$1,931,168
$2,149,510
$2,049,510
State General Funds
$1,931,168
$2,149,510
$2,049,510
TOTAL PUBLIC FUNDS
$1,931,168
$2,149,510
$2,049,510
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
$1,148,527,802 $1,148,527,802 $1,148,527,802
$1,148,527,802 $1,148,527,802 $1,148,527,802
$470,555
$470,555
$470,555
$470,555
$470,555
$470,555
$13,581,649 $13,581,649 $13,581,649
$655,104
$655,104
$655,104
$655,104
$655,104
$655,104
$12,926,545 $12,926,545 $12,926,545
$12,926,545 $12,926,545 $12,926,545
$1,162,580,006 $1,162,580,006 $1,162,580,006
2905
2906
JOURNAL OF THE HOUSE
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
$1,195,724,513 $1,195,724,513
$470,555 $470,555 $13,581,649 $655,104 $655,104 $12,926,545 $12,926,545 $1,209,776,717
$1,192,605,259 $1,192,605,259
$470,555 $470,555 $13,581,649 $655,104 $655,104 $12,926,545 $12,926,545 $1,206,657,463
$1,192,605,259 $1,192,605,259
$470,555 $470,555 $13,581,649 $655,104 $655,104 $12,926,545 $12,926,545 $1,206,657,463
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 PUBLIC FUNDS
$596,724 $596,724 $596,724
$596,724 $596,724 $596,724
$596,724 $596,724 $596,724
99.1 Reduce funds to reflect projected expenditures. State General Funds
($546,724)
($546,724)
99.100 -County Jail Subsidy
Appropriation (HB 76)
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
$596,724
$50,000
$50,000
State General Funds
$596,724
$50,000
$50,000
TOTAL PUBLIC FUNDS
$596,724
$50,000
$50,000
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.
MONDAY, MARCH 23, 2015
2907
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$37,424,074 $37,424,074
$70,555 $70,555 $37,494,629
$37,424,074 $37,424,074
$70,555 $70,555 $37,494,629
$37,424,074 $37,424,074
$70,555 $70,555 $37,494,629
100.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$250,438
$250,438
$250,438
100.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$170,767
$170,767
$170,767
100.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$45,439
$45,439
$45,439
100.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$5,090
$5,090
$5,090
100.5 Increase funds for personnel for five counselors, five community coordinators, one coordinator supervisor, and one housing
coordinator to support the Governor's Office of Transition, Support, and Reentry's "citizen return" program. (S:Increase funds for
personnel for five counselors, five community coordinators, one coordinator supervisor, and one housing coordinator to support the
Governor's Office of Transition, Support, and Reentry's "citizen return" program and the Georgia Prisoner Reentry Initiative (GA-
PRI))
State General Funds
$840,075
$840,075
$840,075
100.6 Increase funds and utilize existing State Criminal Alien Assistance Program funds ($5,167,584) for the Reentry Housing
program and other support services to enhance the Governor's Criminal Justice Reform Initiative. (S:Increase funds and utilize
existing State Criminal Alien Assistance Program funds ($5,167,584) for the Reentry Housing program and other support services to
enhance the Governor's Criminal Justice Reform Initiative and the GA-PRI)
State General Funds
$830,815
$830,815
$830,815
100.100-Departmental Administration
Appropriation (HB 76)
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
$39,566,698 $39,566,698 $39,566,698
State General Funds
$39,566,698 $39,566,698 $39,566,698
TOTAL FEDERAL FUNDS
$70,555
$70,555
$70,555
2908
JOURNAL OF THE HOUSE
Federal Funds Not Itemized TOTAL PUBLIC FUNDS
$70,555 $39,637,253
$70,555 $39,637,253
$70,555 $39,637,253
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
$29,686,825 $29,686,825
$450,000 $450,000 $450,000 $30,136,825
$29,686,825 $29,686,825
$450,000 $450,000 $450,000 $30,136,825
$29,686,825 $29,686,825
$450,000 $450,000 $450,000 $30,136,825
101.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$328,638
$328,638
$328,638
101.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$198,010
$198,010
$198,010
101.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$8,838
$8,838
$8,838
101.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$6,679
$6,679
$6,679
101.100 -Detention Centers
Appropriation (HB 76)
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
$30,228,990 $30,228,990 $30,228,990
State General Funds
$30,228,990 $30,228,990 $30,228,990
TOTAL AGENCY FUNDS
$450,000
$450,000
$450,000
Sales and Services
$450,000
$450,000
$450,000
MONDAY, MARCH 23, 2015
2909
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$450,000 $30,678,990
$450,000 $30,678,990
$450,000 $30,678,990
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
$27,545,393 $27,545,393
$300,000 $300,000 $27,845,393
$27,545,393 $27,545,393
$300,000 $300,000 $27,845,393
$27,545,393 $27,545,393
$300,000 $300,000 $27,845,393
102.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$9,173
$9,173
$9,173
102.2 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$505
$505
$505
102.100-Food and Farm Operations
Appropriation (HB 76)
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
$27,555,071 $27,555,071 $27,555,071
State General Funds
$27,555,071 $27,555,071 $27,555,071
TOTAL FEDERAL FUNDS
$300,000
$300,000
$300,000
Federal Funds Not Itemized
$300,000
$300,000
$300,000
TOTAL PUBLIC FUNDS
$27,855,071 $27,855,071 $27,855,071
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.
2910
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$199,992,975 $199,992,975
$390,000 $390,000 $390,000 $200,382,975
$199,992,975 $199,992,975
$390,000 $390,000 $390,000 $200,382,975
$199,992,975 $199,992,975
$390,000 $390,000 $390,000 $200,382,975
103.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$182,136
$182,136
$182,136
103.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$666,495
$666,495
$666,495
103.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$662,388
$662,388
$662,388
103.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$2,630
$2,630
$2,630
103.5 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$3,702
$3,702
$3,702
103.6 Increase funds for inmates requiring treatment with new Hepatitis C drugs. (H:YES; Utilize existing funds for inmates
requiring treatment with the new Hepatitis C drugs)
State General Funds
$2,572,530
$0
$1,000,000
103.7 Utilize existing funds to implement electronic health records. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
103.100 -Health
Appropriation (HB 76)
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
$204,082,856 $201,510,326 $202,510,326
State General Funds
$204,082,856 $201,510,326 $202,510,326
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
$204,472,856 $201,900,326 $202,900,326
MONDAY, MARCH 23, 2015
2911
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
$42,491,807 $42,491,807
$30,000 $30,000 $30,000 $42,521,807
$42,491,807 $42,491,807
$30,000 $30,000 $30,000 $42,521,807
$42,491,807 $42,491,807
$30,000 $30,000 $30,000 $42,521,807
104.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$50,483
$50,483
$50,483
104.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$25,591
$25,591
$25,591
104.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$1,089
$1,089
$1,089
104.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$1,026
$1,026
$1,026
104.5 Utilize existing funds to raise the daily rate paid for inmates held in county prisons from $20 to $21. (S:YES)
State General Funds
$0
104.100 -Offender Management
Appropriation (HB 76)
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
$42,569,996 $42,569,996 $42,569,996
State General Funds
$42,569,996 $42,569,996 $42,569,996
TOTAL AGENCY FUNDS
$30,000
$30,000
$30,000
Sales and Services
$30,000
$30,000
$30,000
2912
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$30,000 $42,599,996
$30,000 $42,599,996
$30,000 $42,599,996
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
105.1 Increase funds for a performance based contract with private prisons to implement diesel mechanics and welding vocational
programs. (S:Increase funds for a performance based contract with private prisons to implement diesel mechanics and welding
vocational programs in support of GA-PRI)
State General Funds
$2,000,000
$2,000,000
$2,000,000
105.2 Transfer funds from the Private Prisons program to the Probation Supervision program to reflect contract savings and meet
projected expenditures.
State General Funds
($1,512,416) ($1,512,416) ($1,512,416)
105.100 -Private Prisons
Appropriation (HB 76)
The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public
safety.
TOTAL STATE FUNDS
$135,395,608 $135,395,608 $135,395,608
State General Funds
$135,395,608 $135,395,608 $135,395,608
TOTAL PUBLIC FUNDS
$135,395,608 $135,395,608 $135,395,608
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
$108,210,676 $108,210,676
$17,046
$108,210,676 $108,210,676
$17,046
$108,210,676 $108,210,676
$17,046
MONDAY, MARCH 23, 2015
2913
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$17,046 $17,046 $108,227,722
$17,046 $17,046 $108,227,722
$17,046 $17,046 $108,227,722
106.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$1,262,087
$1,262,087
$1,262,087
106.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$703,641
$703,641
$703,641
106.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$26,253
$26,253
$26,253
106.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$25,650
$25,650
$25,650
106.5 Increase funds for operations and to meet projected expenditures.
State General Funds
$598,767
$598,767
$598,767
106.6 Increase funds to provide intensive supervision in Albany, Atlanta, Augusta, Columbus, Macon, and Savannah as part of the
Georgia Prison Reentry Initiative. (S:Increase funds to provide intensive supervision in Albany, Atlanta, Augusta, Columbus, Macon,
and Savannah in support of GA-PRI)
State General Funds
$467,132
$467,132
$467,132
106.7 Increase funds to implement GED Preparation Learning Centers in Day Reporting Centers.
State General Funds
$534,088
$534,088
$534,088
106.8 Transfer funds from the Private Prisons program to the Probation Supervision program to reflect contract savings and meet
projected expenditures.
State General Funds
$1,512,416
$1,512,416
$1,512,416
106.100 -Probation Supervision
Appropriation (HB 76)
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
$113,340,710 $113,340,710 $113,340,710
State General Funds
$113,340,710 $113,340,710 $113,340,710
TOTAL AGENCY FUNDS
$17,046
$17,046
$17,046
Sales and Services
$17,046
$17,046
$17,046
2914
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$17,046
$17,046
$17,046
$113,357,756 $113,357,756 $113,357,756
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
$538,699,137 $538,699,137
$100,000 $100,000 $12,694,603 $655,104 $655,104 $12,039,499 $12,039,499 $551,493,740
$538,699,137 $538,699,137
$100,000 $100,000 $12,694,603 $655,104 $655,104 $12,039,499 $12,039,499 $551,493,740
$538,699,137 $538,699,137
$100,000 $100,000 $12,694,603 $655,104 $655,104 $12,039,499 $12,039,499 $551,493,740
107.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$7,335,941
$7,335,941
$7,335,941
107.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$3,349,465
$3,349,465
$3,349,465
107.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$52,218
$52,218
$52,218
107.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$149,092
$149,092
$149,092
107.5 Increase funds for a close security position for security personnel to address recruitment and retention at close security and
special mission prisons.
State General Funds
$12,058,092 $12,058,092 $12,058,092
MONDAY, MARCH 23, 2015
2915
107.6 Increase funds for the Residential Substance Abuse Treatment program to lengthen the program from six months to nine
months and to expand to an additional facility. (S:Increase funds for the Residential Substance Abuse Treatment program to lengthen
the program from six months to nine months and to expand to an additional facility in support of GA-PRI)
State General Funds
$1,452,605
$1,452,605
$1,452,605
107.7 Increase funds for diesel mechanics and welding vocational programs in state prisons. (S:Increase funds for diesel mechanics
and welding vocational programs in state prisons in support of GA-PRI)
State General Funds
$1,287,996
$1,287,996
$1,287,996
107.8 Increase funds for personnel for four positions and operations to create a charter high school for offenders at two locations.
(S:Increase funds for personnel for four positions and operations to create a charter high school for offenders at two locations in
support of GA-PRI)
State General Funds
$481,839
$481,839
$481,839
107.9 Increase funds for personnel for 48 positions and operations to provide educational enhancements to vocational and academic
programs. (S:Increase funds for personnel for 48 positions and operations to provide educational enhancements to vocational and
academic programs in support of GA-PRI)
State General Funds
$5,997,840
$5,997,840
$5,997,840
107.10 Increase funds for additional GED testing in state prisons. (S:Increase funds for additional GED testing in state prisons in
support of GA-PRI)
State General Funds
$256,000
$256,000
$256,000
107.11 Increase funds for personnel for six positions and operations to create a GED fast track program. (S:Increase funds for
personnel for six positions and operations to create a GED fast track program in support of GA-PRI)
State General Funds
$1,307,222
$1,307,222
$1,307,222
107.12 Reduce funds for personnel to reflect projected expenditures.
State General Funds
($1,000,000)
107.100 -State Prisons
Appropriation (HB 76)
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
$572,427,447 $572,427,447 $571,427,447
State General Funds
$572,427,447 $572,427,447 $571,427,447
TOTAL FEDERAL FUNDS
$100,000
$100,000
$100,000
Federal Funds Not Itemized
$100,000
$100,000
$100,000
2916
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
$12,694,603 $655,104 $655,104
$12,039,499 $12,039,499 $585,222,050
$12,694,603 $655,104 $655,104
$12,039,499 $12,039,499 $585,222,050
$12,694,603 $655,104 $655,104
$12,039,499 $12,039,499 $584,222,050
Transition 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
$28,972,167 $28,972,167 $28,972,167
$28,972,167 $28,972,167 $28,972,167
$28,972,167 $28,972,167 $28,972,167
108.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$488,997
$488,997
$488,997
108.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$178,406
$178,406
$178,406
108.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$5,948
$5,948
$5,948
108.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$9,938
$9,938
$9,938
108.5 Increase funds to implement GED Preparation Learning Centers. (S:Increase funds to implement GED Preparation Learning
Centers in support of GA-PRI)
State General Funds
$304,957
$304,957
$304,957
108.100 -Transition Centers
Appropriation (HB 76)
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.
MONDAY, MARCH 23, 2015
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
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
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
$29,960,413 $29,960,413 $29,960,413
$29,960,413 $29,960,413 $29,960,413
$29,960,413 $29,960,413 $29,960,413
Section Total - Continuation
$9,496,994
$9,496,994
$9,496,994
$9,496,994
$44,969,886 $44,969,886
$44,969,886 $44,969,886
$2,679,416
$2,679,416
$1,298,447
$1,298,447
$1,298,447
$1,298,447
$171,171
$171,171
$171,171
$171,171
$1,209,798
$1,209,798
$1,209,798
$1,209,798
$57,146,296 $57,146,296
Section Total - Final
$10,131,696 $10,131,696 $44,969,886 $44,969,886
$2,679,416 $1,298,447 $1,298,447
$171,171 $171,171 $1,209,798 $1,209,798 $57,780,998
$10,131,696 $10,131,696 $44,969,886 $44,969,886
$2,679,416 $1,298,447 $1,298,447
$171,171 $171,171 $1,209,798 $1,209,798 $57,780,998
$9,496,994 $9,496,994 $44,969,886 $44,969,886 $2,679,416 $1,298,447 $1,298,447
$171,171 $171,171 $1,209,798 $1,209,798 $57,146,296
$10,131,696 $10,131,696 $44,969,886 $44,969,886
$2,679,416 $1,298,447 $1,298,447
$171,171 $171,171 $1,209,798 $1,209,798 $57,780,998
2917
2918
JOURNAL OF THE HOUSE
Departmental Administration
Continuation Budget
The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$1,115,324 $1,115,324
$723,528 $723,528 $1,838,852
$1,115,324 $1,115,324
$723,528 $723,528 $1,838,852
$1,115,324 $1,115,324
$723,528 $723,528 $1,838,852
109.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$14,846
$14,846
$14,846
109.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$7,683
$7,683
$7,683
109.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$4,172
$4,172
$4,172
109.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$670
$670
$670
109.100-Departmental Administration
Appropriation (HB 76)
The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia.
TOTAL STATE FUNDS
$1,142,695
$1,142,695
$1,142,695
State General Funds
$1,142,695
$1,142,695
$1,142,695
TOTAL FEDERAL FUNDS
$723,528
$723,528
$723,528
Federal Funds Not Itemized
$723,528
$723,528
$723,528
TOTAL PUBLIC FUNDS
$1,866,223
$1,866,223
$1,866,223
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.
MONDAY, MARCH 23, 2015
2919
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
$5,014,465 $5,014,465 $33,673,372 $33,673,372 $2,675,896 $1,298,447 $1,298,447
$171,171 $171,171 $1,206,278 $1,206,278 $41,363,733
$5,014,465 $5,014,465 $33,673,372 $33,673,372 $2,675,896 $1,298,447 $1,298,447
$171,171 $171,171 $1,206,278 $1,206,278 $41,363,733
$5,014,465 $5,014,465 $33,673,372 $33,673,372 $2,675,896 $1,298,447 $1,298,447
$171,171 $171,171 $1,206,278 $1,206,278 $41,363,733
110.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$40,458
$40,458
$40,458
110.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$19,743
$19,743
$19,743
110.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$11,204
$11,204
$11,204
110.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$273
$273
$273
110.100 -Military Readiness
Appropriation (HB 76)
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
$5,086,143
$5,086,143
$5,086,143
State General Funds
$5,086,143
$5,086,143
$5,086,143
TOTAL FEDERAL FUNDS
$33,673,372 $33,673,372 $33,673,372
Federal Funds Not Itemized
$33,673,372 $33,673,372 $33,673,372
TOTAL AGENCY FUNDS
$2,675,896
$2,675,896
$2,675,896
Intergovernmental Transfers
$1,298,447
$1,298,447
$1,298,447
2920
JOURNAL OF THE HOUSE
Intergovernmental Transfers Not Itemized Royalties and Rents
Royalties and Rents Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$1,298,447 $171,171 $171,171
$1,206,278 $1,206,278 $41,435,411
$1,298,447 $171,171 $171,171
$1,206,278 $1,206,278 $41,435,411
$1,298,447 $171,171 $171,171
$1,206,278 $1,206,278 $41,435,411
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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$3,367,205 $3,367,205 $10,572,986 $10,572,986
$3,520 $3,520 $3,520 $13,943,711
$3,367,205 $3,367,205 $10,572,986 $10,572,986
$3,520 $3,520 $3,520 $13,943,711
$3,367,205 $3,367,205 $10,572,986 $10,572,986
$3,520 $3,520 $3,520 $13,943,711
111.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$39,859
$39,859
$39,859
111.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$17,122
$17,122
$17,122
111.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$21,530
$21,530
$21,530
111.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$957
$957
$957
111.5 Increase funds for personnel and operations to support the implementation of a new Youth Challenge Academy in
Milledgeville.
State General Funds
$456,185
$456,185
$456,185
MONDAY, MARCH 23, 2015
2921
111.100 -Youth Educational Services
Appropriation (HB 76)
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
$3,902,858
$3,902,858
$3,902,858
State General Funds
$3,902,858
$3,902,858
$3,902,858
TOTAL FEDERAL FUNDS
$10,572,986 $10,572,986 $10,572,986
Federal Funds Not Itemized
$10,572,986 $10,572,986 $10,572,986
TOTAL AGENCY FUNDS
$3,520
$3,520
$3,520
Sales and Services
$3,520
$3,520
$3,520
Sales and Services Not Itemized
$3,520
$3,520
$3,520
TOTAL PUBLIC FUNDS
$14,479,364 $14,479,364 $14,479,364
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
$63,039,864 $63,039,864
$63,039,864 $63,039,864
$2,844,121
$2,844,121
$2,844,121
$2,844,121
$2,844,121
$2,844,121
$65,883,985 $65,883,985
$63,039,864 $63,039,864
$2,844,121 $2,844,121 $2,844,121 $65,883,985
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$67,422,246 $67,422,246
$2,844,121 $2,844,121 $2,844,121 $70,266,367
$67,102,820 $67,102,820
$2,844,121 $2,844,121 $2,844,121 $69,946,941
$67,062,820 $67,062,820
$2,844,121 $2,844,121 $2,844,121 $69,906,941
Customer Service Support
Continuation Budget
The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck
compliance.
2922
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$9,365,723 $9,365,723
$500,857 $500,857 $500,857 $9,866,580
$9,365,723 $9,365,723
$500,857 $500,857 $500,857 $9,866,580
$9,365,723 $9,365,723
$500,857 $500,857 $500,857 $9,866,580
112.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$73,624
$73,624
$73,624
112.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$35,495
$35,495
$35,495
112.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs. (S:Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services
administered self insurance programs)
State General Funds
($13,437)
($13,437)
$20,990
112.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$18,490
$18,490
$18,490
112.100-Customer Service Support
Appropriation (HB 76)
The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck
compliance.
TOTAL STATE FUNDS
$9,479,895
$9,479,895
$9,514,322
State General Funds
$9,479,895
$9,479,895
$9,514,322
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
$9,980,752
$9,980,752 $10,015,179
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.
MONDAY, MARCH 23, 2015
2923
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$52,788,293 $52,788,293
$1,827,835 $1,827,835 $1,827,835 $54,616,128
$52,788,293 $52,788,293
$1,827,835 $1,827,835 $1,827,835 $54,616,128
$52,788,293 $52,788,293
$1,827,835 $1,827,835 $1,827,835 $54,616,128
113.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$461,692
$461,692
$461,692
113.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$236,698
$236,698
$236,698
113.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($59,244)
($59,244)
($93,671)
113.4 Increase funds for personnel and operations for the new Paulding ($924,056) and Cobb ($299,676) County Customer Service
Centers.
State General Funds
$1,223,732
$1,223,732
$1,223,732
113.5 Increase funds for personnel for recruitment and retention initiatives for Customer Service Center employees.
State General Funds
$1,500,314
$1,500,314
$1,500,314
113.6 Increase funds for rent for the Sandy Springs Customer Service Center.
State General Funds
$240,000
$240,000
$200,000
113.7 Increase funds for a new commercial driver's license pad in West Georgia.
State General Funds
$500,000
$500,000
$500,000
113.8 Increase funds for personnel and operations for the new Fayetteville Customer Service Center.
State General Funds
$150,000
$150,000
$150,000
113.9 Reduce funds for the Fulton County Customer Service Center for rent provided in FY2015 to reflect the purchase of a new
building.
State General Funds
($300,000)
($300,000)
113.10 Reduce funds for the Bainbridge Customer Service Center to reflect actual expenditures.
State General Funds
($19,426)
($19,426)
113.11 Utilize other funds received from rent collections ($50,000) for maintenance of the new Fulton County Customer Service
Center building. (H:YES)(S:YES)
Royalties and Rents Not Itemized
$0
$0
2924
JOURNAL OF THE HOUSE
113.12 Utilize savings ($300,000) from reduced turnover rates due to recruitment and retention initiatives for maintenance. (S:YES)
State General Funds
$0
113.13 Utilize existing funds ($96,000) for the Macon Customer Service Center for rent. (S:YES)
State General Funds
$0
113.100 -License Issuance
Appropriation (HB 76)
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
$57,041,485 $56,722,059 $56,647,632
State General Funds
$57,041,485 $56,722,059 $56,647,632
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
$58,869,320 $58,549,894 $58,475,467
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; and 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
$885,848 $885,848 $515,429 $515,429 $515,429 $1,401,277
$885,848 $885,848 $515,429 $515,429 $515,429 $1,401,277
$885,848 $885,848 $515,429 $515,429 $515,429 $1,401,277
114.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$11,030
$11,030
$11,030
114.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$4,838
$4,838
$4,838
MONDAY, MARCH 23, 2015
2925
114.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($850)
($850)
($850)
114.100 -Regulatory Compliance
Appropriation (HB 76)
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 STATE FUNDS
$900,866
$900,866
$900,866
State General Funds
$900,866
$900,866
$900,866
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
$1,416,295
$1,416,295
$1,416,295
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 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
$369,793,520 $369,793,520
$55,493,488 $55,493,488
$314,300,032 $314,300,032
$346,366,695 $346,366,695
$135,377,190 $135,377,190
$101,618,088 $101,618,088
$109,371,417 $109,371,417
$26,000
$26,000
$26,000
$26,000
$26,000
$26,000
$60,000
$60,000
$60,000
$60,000
$60,000
$60,000
$716,246,215 $716,246,215
$369,793,520 $55,493,488 $314,300,032 $346,366,695 $135,377,190 $101,618,088 $109,371,417
$26,000 $26,000 $26,000 $60,000 $60,000 $60,000 $716,246,215
2926
JOURNAL OF THE HOUSE
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 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 - Final
$376,822,861 $55,527,513 $321,295,348 $346,366,695 $135,377,190 $101,618,088 $109,371,417
$26,000 $26,000 $26,000 $60,000 $60,000 $60,000 $723,275,556
$376,822,861 $55,527,513 $321,295,348 $346,366,695 $135,377,190 $101,618,088 $109,371,417
$26,000 $26,000 $26,000 $60,000 $60,000 $60,000 $723,275,556
$376,822,861 $55,527,513 $321,295,348 $346,366,695 $135,377,190 $101,618,088 $109,371,417
$26,000 $26,000 $26,000 $60,000 $60,000 $60,000 $723,275,556
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
$55,493,488 $55,493,488 $189,632,020 $101,618,088 $88,013,932
$21,000 $21,000 $21,000 $245,146,508
$55,493,488 $55,493,488 $189,632,020 $101,618,088 $88,013,932
$21,000 $21,000 $21,000 $245,146,508
$55,493,488 $55,493,488 $189,632,020 $101,618,088 $88,013,932
$21,000 $21,000 $21,000 $245,146,508
115.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$24,171
$24,171
$24,171
MONDAY, MARCH 23, 2015
2927
115.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$10,473
$10,473
$10,473
115.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($619)
($619)
($619)
115.100 -Child Care Services
Appropriation (HB 76)
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
$55,527,513 $55,527,513 $55,527,513
State General Funds
$55,527,513 $55,527,513 $55,527,513
TOTAL FEDERAL FUNDS
$189,632,020 $189,632,020 $189,632,020
CCDF Mandatory & Matching Funds CFDA93.596
$101,618,088 $101,618,088 $101,618,088
Child Care & Development Block Grant CFDA93.575
$88,013,932 $88,013,932 $88,013,932
TOTAL AGENCY FUNDS
$21,000
$21,000
$21,000
Rebates, Refunds, and Reimbursements
$21,000
$21,000
$21,000
Rebates, Refunds, and Reimbursements Not Itemized
$21,000
$21,000
$21,000
TOTAL PUBLIC FUNDS
$245,180,533 $245,180,533 $245,180,533
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 $125,550,000 $125,550,000 $125,550,000
$0 $0 $125,550,000 $125,550,000 $125,550,000
$0 $0 $125,550,000 $125,550,000 $125,550,000
116.100 -Nutrition
Appropriation (HB 76)
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.
2928
JOURNAL OF THE HOUSE
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$125,550,000 $125,550,000 $125,550,000
$125,550,000 $125,550,000 $125,550,000
$125,550,000 $125,550,000 $125,550,000
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 Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$314,300,032 $0
$314,300,032 $162,400 $162,400
$314,462,432
$314,300,032 $0
$314,300,032 $162,400 $162,400
$314,462,432
$314,300,032 $0
$314,300,032 $162,400 $162,400
$314,462,432
117.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Lottery Proceeds
$79,418
$79,418
$79,418
117.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
Lottery Proceeds
$278,477
$278,477
$278,477
117.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Lottery Proceeds
$2,160,681
$2,160,681
$2,160,681
117.4 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
Lottery Proceeds
($2,033)
($2,033)
($2,033)
117.5 Increase funds to reflect an adjustment in Teamworks billings.
Lottery Proceeds
$1,956
$1,956
$1,956
117.6 Increase funds to restore two teacher planning days from eight to 10 planning days.
Lottery Proceeds
$3,036,817
$3,036,817
$3,036,817
117.7 Increase funds for 60 additional classes in the Summer Transition Program to offer additional instruction and transition
services to low income eligible rising Pre-Kindergarteners and rising Kindergarteners.
Lottery Proceeds
$1,440,000
$1,440,000
$1,440,000
MONDAY, MARCH 23, 2015
2929
117.100 -Pre-Kindergarten Program
Appropriation (HB 76)
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
$321,295,348 $321,295,348 $321,295,348
Lottery Proceeds
$321,295,348 $321,295,348 $321,295,348
TOTAL FEDERAL FUNDS
$162,400
$162,400
$162,400
Federal Funds Not Itemized
$162,400
$162,400
$162,400
TOTAL PUBLIC FUNDS
$321,457,748 $321,457,748 $321,457,748
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 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
$0 $0 $31,022,275 $9,664,790 $21,357,485 $5,000 $5,000 $5,000 $60,000 $60,000 $60,000 $31,087,275
$0 $0 $31,022,275 $9,664,790 $21,357,485 $5,000 $5,000 $5,000 $60,000 $60,000 $60,000 $31,087,275
$0 $0 $31,022,275 $9,664,790 $21,357,485 $5,000 $5,000 $5,000 $60,000 $60,000 $60,000 $31,087,275
118.100 -Quality Initiatives
Appropriation (HB 76)
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
$31,022,275 $9,664,790
$31,022,275 $9,664,790
$31,022,275 $9,664,790
2930
JOURNAL OF THE HOUSE
Child Care & Development Block Grant CFDA93.575 TOTAL AGENCY FUNDS
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
$21,357,485 $5,000 $5,000 $5,000
$60,000 $60,000 $60,000 $31,087,275
$21,357,485 $5,000 $5,000 $5,000
$60,000 $60,000 $60,000 $31,087,275
$21,357,485 $5,000 $5,000 $5,000
$60,000 $60,000 $60,000 $31,087,275
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
$35,515,271 $35,515,271
$33,620,285 $33,620,285
$1,894,986
$1,894,986
$74,021,318 $74,021,318
$74,021,318 $74,021,318
$109,536,589 $109,536,589
$35,515,271 $33,620,285
$1,894,986 $74,021,318 $74,021,318 $109,536,589
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$30,027,716 $30,027,716 $74,021,318 $74,021,318 $104,049,034
$29,347,716 $29,347,716 $74,021,318 $74,021,318 $103,369,034
$30,917,716 $30,917,716 $74,021,318 $74,021,318 $104,939,034
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
$4,143,943 $4,143,943 $4,143,943
$4,143,943 $4,143,943 $4,143,943
$4,143,943 $4,143,943 $4,143,943
MONDAY, MARCH 23, 2015
2931
119.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$48,286
$48,286
$48,286
119.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$23,477
$23,477
$23,477
119.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($17,868)
($17,868)
($17,868)
119.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$10,497
$10,497
$10,497
119.5 Increase funds for personnel and operations for one position to support international relations and trade events.
State General Funds
$295,389
$265,389
$265,389
119.100-Departmental Administration
Appropriation (HB 76)
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
$4,503,724
$4,473,724
$4,473,724
State General Funds
$4,503,724
$4,473,724
$4,473,724
TOTAL PUBLIC FUNDS
$4,503,724
$4,473,724
$4,473,724
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
$922,534 $922,534 $922,534
$922,534 $922,534 $922,534
$922,534 $922,534 $922,534
120.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$9,814
$9,814
$9,814
120.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$4,621
$4,621
$4,621
2932
JOURNAL OF THE HOUSE
120.3 Increase funds for film marketing.
State General Funds
$100,000
120.4 Increase funds for personnel for one film location scout to assist with increased demand.
State General Funds
$60,000
$100,000 $60,000
$100,000 $60,000
120.100-Film, Video, and Music
Appropriation (HB 76)
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
$1,096,969
$1,096,969
$1,096,969
State General Funds
$1,096,969
$1,096,969
$1,096,969
TOTAL PUBLIC FUNDS
$1,096,969
$1,096,969
$1,096,969
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
$596,713 $596,713 $659,400 $659,400 $1,256,113
$596,713 $596,713 $659,400 $659,400 $1,256,113
$596,713 $596,713 $659,400 $659,400 $1,256,113
121.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$5,887
$5,887
$5,887
121.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$2,609
$2,609
$2,609
121.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($1,849)
($1,849)
($1,849)
MONDAY, MARCH 23, 2015
2933
121.100 -Arts, Georgia Council for the
Appropriation (HB 76)
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
$603,360
$603,360
$603,360
State General Funds
$603,360
$603,360
$603,360
TOTAL FEDERAL FUNDS
$659,400
$659,400
$659,400
Federal Funds Not Itemized
$659,400
$659,400
$659,400
TOTAL PUBLIC FUNDS
$1,262,760
$1,262,760
$1,262,760
121.101 Special Project - Arts, Georgia Council for the: The purpose of this appropriation is to institute a statewide "Grassroots" arts
program, with the goal to increase the arts participation and support throughout the state with grants no more than $5,000.
State General Funds
$300,000
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
$10,303,748 $10,303,748 $10,303,748
$10,303,748 $10,303,748 $10,303,748
$10,303,748 $10,303,748 $10,303,748
122.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$91,162
$91,162
$91,162
122.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$42,020
$42,020
$42,020
122.3 Increase funds for personnel for one industry representative position.
State General Funds
$85,000
$85,000
$85,000
122.4 Increase funds for international trade office contracts.
State General Funds
$200,000
$200,000
$200,000
2934
JOURNAL OF THE HOUSE
122.5 Increase funds for personnel for two positions to support international trade, research, and marketing.
State General Funds
$159,310
$159,310
$159,310
122.100-Global Commerce
Appropriation (HB 76)
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
$10,881,240 $10,881,240 $10,881,240
State General Funds
$10,881,240 $10,881,240 $10,881,240
TOTAL PUBLIC FUNDS
$10,881,240 $10,881,240 $10,881,240
Governor's Office of Workforce Development
Continuation Budget
The purpose of this appropriation is to improve the job training and marketability of Georgia's workforce.
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
123.100-Governor's Office of Workforce Development
Appropriation (HB 76)
The purpose of this appropriation is to improve the job training and marketability of Georgia's workforce.
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
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.
MONDAY, MARCH 23, 2015
2935
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL PUBLIC FUNDS
$9,251,723 $7,356,737 $1,894,986 $9,251,723
$9,251,723 $7,356,737 $1,894,986 $9,251,723
$9,251,723 $7,356,737 $1,894,986 $9,251,723
124.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$9,341
$9,341
$9,341
124.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$4,333
$4,333
$4,333
124.3 Transfer funds from the Innovation and Technology program for the Georgia Research Alliance contract to the Tourism
program for marketing to increase Georgia tourism.
State General Funds
($750,000)
($750,000)
($750,000)
124.4 Transfer funds from the Department of Economic Development to the Board of Regents for the Georgia Research Alliance
contract.
State General Funds
($5,097,451) ($5,097,451) ($5,097,451)
Tobacco Settlement Funds
($247,158)
($247,158)
($247,158)
Total Public Funds:
($5,344,609) ($5,344,609) ($5,344,609)
124.5 Reduce funds for Distinguished Cancer Clinicians and Scientists (DCCS) to fund only existing DCCS obligations.
Tobacco Settlement Funds
($1,444,911) ($1,444,911) ($1,444,911)
124.6 Reduce funds for cancer program administration.
Tobacco Settlement Funds
($202,917)
($202,917)
($202,917)
124.7 Utilize existing funds from the Georgia Research Alliance ($202,917) for cancer program administration.
(G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
124.100 -Innovation and Technology
Appropriation (HB 76)
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
$1,522,960
$1,522,960
$1,522,960
State General Funds
$1,522,960
$1,522,960
$1,522,960
TOTAL PUBLIC FUNDS
$1,522,960
$1,522,960
$1,522,960
2936
JOURNAL OF THE HOUSE
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
$933,140 $933,140 $933,140
$933,140 $933,140 $933,140
$933,140 $933,140 $933,140
125.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$12,923
$12,923
$12,923
125.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$5,863
$5,863
$5,863
125.100 -Small and Minority Business Development
Appropriation (HB 76)
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
$951,926
$951,926
$951,926
State General Funds
$951,926
$951,926
$951,926
TOTAL PUBLIC FUNDS
$951,926
$951,926
$951,926
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
$9,363,470 $9,363,470 $9,363,470
$9,363,470 $9,363,470 $9,363,470
$9,363,470 $9,363,470 $9,363,470
126.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$64,055
$64,055
$64,055
MONDAY, MARCH 23, 2015
2937
126.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$30,012
$30,012
$30,012
126.3 Increase funds for the Georgia Historical Society for historical markers.
State General Funds
$100,000
$100,000
$100,000
126.4 Transfer funds from the Innovation and Technology program for the Georgia Research Alliance contract to the Tourism
program for marketing to increase Georgia tourism.
State General Funds
$750,000
$100,000
$300,000
126.5 Increase funds for personnel for a marketing project manager position and a social media specialist position.
State General Funds
$160,000
$160,000
$160,000
126.6 Increase funds for the Georgia Civil War Commission.
State General Funds
$25,000
126.7 Increase funds for the Georgia Civil War Heritage Trails.
State General Funds
$25,000
126.8 Increase funds for one-time funding for the National Infantry Museum.
State General Funds
$1,000,000
126.9 Increase funds for one-time funding for signage and marketing of the "Vietnam Moving Wall" at the Walk of Heroes.
State General Funds
$20,000
126.100 -Tourism
Appropriation (HB 76)
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
$10,467,537
$9,817,537 $11,087,537
State General Funds
$10,467,537
$9,817,537 $11,087,537
TOTAL PUBLIC FUNDS
$10,467,537
$9,817,537 $11,087,537
Section 23: Education, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994
Section Total - Continuation
$7,944,481,675 $7,944,481,675 $7,944,481,675
$7,944,481,675 $7,944,481,675 $7,944,481,675
$2,064,382,350 $2,064,382,350 $2,064,382,350
$2,064,362,720 $2,064,362,720 $2,064,362,720
$19,630
$19,630
$19,630
2938
JOURNAL OF THE HOUSE
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
$45,711,057 $45,711,057 $45,711,057
$674,646
$674,646
$674,646
$674,646
$674,646
$674,646
$36,860,246 $36,860,246 $36,860,246
$36,860,246 $36,860,246 $36,860,246
$61,006
$61,006
$61,006
$61,006
$61,006
$61,006
$8,115,159
$8,115,159
$8,115,159
$8,115,159
$8,115,159
$8,115,159
$10,054,575,082 $10,054,575,082 $10,054,575,082
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994
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 - Final
$8,494,371,582 $8,501,977,336 $8,487,140,395
$8,494,371,582 $8,501,977,336 $8,487,140,395
$2,064,382,350 $2,064,382,350 $2,064,382,350
$2,064,362,720 $2,064,362,720 $2,064,362,720
$19,630
$19,630
$19,630
$45,711,057 $45,711,057 $45,711,057
$674,646
$674,646
$674,646
$674,646
$674,646
$674,646
$36,860,246 $36,860,246 $36,860,246
$36,860,246 $36,860,246 $36,860,246
$61,006
$61,006
$61,006
$61,006
$61,006
$61,006
$8,115,159
$8,115,159
$8,115,159
$8,115,159
$8,115,159
$8,115,159
$10,604,464,989 $10,612,070,743 $10,597,233,802
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.
MONDAY, MARCH 23, 2015
2939
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
$8,393,026 $8,393,026
$368,273 $368,273 $1,492,000 $1,492,000 $1,492,000 $10,253,299
$8,393,026 $8,393,026
$368,273 $368,273 $1,492,000 $1,492,000 $1,492,000 $10,253,299
$8,393,026 $8,393,026
$368,273 $368,273 $1,492,000 $1,492,000 $1,492,000 $10,253,299
127.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$203
$203
$203
127.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$2,184
$2,184
$2,184
127.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$2,356
$2,356
$2,356
127.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$160
$160
$160
127.5 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$1,367
$1,367
$1,367
127.6 Increase funds for the Extended Day/Year program.
State General Funds
$37,895
$94,383
127.7 Increase funds for the Young Farmers program. (S:Increase funds for the Young Farmers program in Turner, Union, and
Johnson counties)
State General Funds
$37,500
$225,000
127.100 -Agricultural Education
Appropriation (HB 76)
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
$8,399,296
$8,474,691
$8,718,679
State General Funds
$8,399,296
$8,474,691
$8,718,679
TOTAL FEDERAL FUNDS
$368,273
$368,273
$368,273
Federal Funds Not Itemized
$368,273
$368,273
$368,273
2940
JOURNAL OF THE HOUSE
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$1,492,000 $1,492,000 $1,492,000 $10,259,569
$1,492,000 $1,492,000 $1,492,000 $10,334,964
$1,492,000 $1,492,000 $1,492,000 $10,578,952
Business and Finance Administration
Continuation Budget
The purpose of this appropriation is to provide administrative support for business, finance, facilities, and pupil transportation.
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
$7,280,358 $7,280,358
$134,330 $134,330 $22,342,940 $22,342,940 $22,342,940 $29,757,628
$7,280,358 $7,280,358
$134,330 $134,330 $22,342,940 $22,342,940 $22,342,940 $29,757,628
$7,280,358 $7,280,358
$134,330 $134,330 $22,342,940 $22,342,940 $22,342,940 $29,757,628
128.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$99,035
$99,035
$99,035
128.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$1,594
$1,594
$1,594
128.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$42,777
$42,777
$42,777
128.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$3,633
$3,633
$3,633
128.5 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$32,317
$32,317
$32,317
128.100 -Business and Finance Administration
Appropriation (HB 76)
The purpose of this appropriation is to provide administrative support for business, finance, facilities, and pupil transportation.
TOTAL STATE FUNDS
$7,459,714
$7,459,714
$7,459,714
State General Funds
$7,459,714
$7,459,714
$7,459,714
MONDAY, MARCH 23, 2015
2941
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$134,330 $134,330 $22,342,940 $22,342,940 $22,342,940 $29,936,984
$134,330 $134,330 $22,342,940 $22,342,940 $22,342,940 $29,936,984
$134,330 $134,330 $22,342,940 $22,342,940 $22,342,940 $29,936,984
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
TOTAL PUBLIC FUNDS
$3,965,745 $3,965,745 $24,369,593 $24,369,593
$243,929 $243,929 $243,929 $28,579,267
$3,965,745 $3,965,745 $24,369,593 $24,369,593
$243,929 $243,929 $243,929 $28,579,267
$3,965,745 $3,965,745 $24,369,593 $24,369,593
$243,929 $243,929 $243,929 $28,579,267
129.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$25,128
$25,128
$25,128
129.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$8,052
$8,052
$8,052
129.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$20,642
$20,642
$20,642
129.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$1,472
$1,472
$1,472
129.5 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$16,931
$16,931
$16,931
2942
JOURNAL OF THE HOUSE
129.100 -Central Office
Appropriation (HB 76)
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
$4,037,970
$4,037,970
$4,037,970
State General Funds
$4,037,970
$4,037,970
$4,037,970
TOTAL FEDERAL FUNDS
$24,369,593 $24,369,593 $24,369,593
Federal Funds Not Itemized
$24,369,593 $24,369,593 $24,369,593
TOTAL AGENCY FUNDS
$243,929
$243,929
$243,929
Contributions, Donations, and Forfeitures
$243,929
$243,929
$243,929
Contributions, Donations, and Forfeitures Not Itemized
$243,929
$243,929
$243,929
TOTAL PUBLIC FUNDS
$28,651,492 $28,651,492 $28,651,492
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
$2,138,312 $2,138,312 $6,946,595 $6,946,595 $9,084,907
$2,138,312 $2,138,312 $6,946,595 $6,946,595 $9,084,907
$2,138,312 $2,138,312 $6,946,595 $6,946,595 $9,084,907
130.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$3,634
$3,634
$3,634
130.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$1,854
$1,854
$1,854
130.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$89
$89
$89
130.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$1,641
$1,641
$1,641
MONDAY, MARCH 23, 2015
2943
130.5 Eliminate funds for one-time funding for planning grants. (S:Provide local district support for flexibility contract conversion,
implementation and ongoing support)
State General Funds
($125,000)
$0
130.100 -Charter Schools
Appropriation (HB 76)
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
$2,145,530
$2,020,530
$2,145,530
State General Funds
$2,145,530
$2,020,530
$2,145,530
TOTAL FEDERAL FUNDS
$6,946,595
$6,946,595
$6,946,595
Federal Funds Not Itemized
$6,946,595
$6,946,595
$6,946,595
TOTAL PUBLIC FUNDS
$9,092,125
$8,967,125
$9,092,125
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
$1,033,100 $1,033,100 $1,033,100
$1,033,100 $1,033,100 $1,033,100
$1,033,100 $1,033,100 $1,033,100
131.1 Increase funds to local affiliates. State General Funds
$20,000
$20,000
131.100-Communities in Schools
Appropriation (HB 76)
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
$1,033,100
$1,053,100
$1,053,100
State General Funds
$1,033,100
$1,053,100
$1,053,100
TOTAL PUBLIC FUNDS
$1,033,100
$1,053,100
$1,053,100
2944
JOURNAL OF THE HOUSE
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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS
$3,461,541 $3,461,541 $3,393,490 $3,393,490
$430,717 $430,717 $430,717 $7,285,748
$3,461,541 $3,461,541 $3,393,490 $3,393,490
$430,717 $430,717 $430,717 $7,285,748
$3,461,541 $3,461,541 $3,393,490 $3,393,490
$430,717 $430,717 $430,717 $7,285,748
132.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$22,199
$22,199
$22,199
132.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$6,345
$6,345
$6,345
132.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$15,841
$15,841
$15,841
132.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$1,148
$1,148
$1,148
132.5 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$10,000
$10,000
$10,000
132.100-Curriculum Development
Appropriation (HB 76)
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
$3,517,074
$3,517,074
$3,517,074
State General Funds
$3,517,074
$3,517,074
$3,517,074
TOTAL FEDERAL FUNDS
$3,393,490
$3,393,490
$3,393,490
Federal Funds Not Itemized
$3,393,490
$3,393,490
$3,393,490
TOTAL AGENCY FUNDS
$430,717
$430,717
$430,717
MONDAY, MARCH 23, 2015
2945
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS
$430,717 $430,717 $7,341,281
$430,717 $430,717 $7,341,281
$430,717 $430,717 $7,341,281
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 AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$0 $1,233,343,007 $1,233,343,007
$39,957 $39,957 $39,957 $1,233,382,964
$0 $1,233,343,007 $1,233,343,007
$39,957 $39,957 $39,957 $1,233,382,964
$0 $1,233,343,007 $1,233,343,007
$39,957 $39,957 $39,957 $1,233,382,964
133.100-Federal Programs
Appropriation (HB 76)
The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems.
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$1,233,343,007 $1,233,343,007
$39,957 $39,957 $39,957 $1,233,382,964
$1,233,343,007 $1,233,343,007
$39,957 $39,957 $39,957 $1,233,382,964
$1,233,343,007 $1,233,343,007
$39,957 $39,957 $39,957 $1,233,382,964
Georgia Network for Educational and Therapeutic Support (GNETS)
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
$62,081,479 $62,081,479
$62,081,479 $62,081,479
$62,081,479 $62,081,479
2946
JOURNAL OF THE HOUSE
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$8,160,000 $8,160,000 $70,241,479
$8,160,000 $8,160,000 $70,241,479
$8,160,000 $8,160,000 $70,241,479
134.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$514,767
$514,767
$514,767
134.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$507,107
$507,107
$507,107
134.3 Reduce funds based on enrollment.
State General Funds
($984,815)
($984,815)
($984,815)
134.4 Increase funds for personnel for one program manager position to provide state level support of Georgia Network for
Educational and Therapeutic Support (GNETS).
State General Funds
$128,000
$128,000
$128,000
134.100-Georgia Network for Educational and Therapeutic Support (GNETS)
Appropriation (HB 76)
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
$62,246,538 $62,246,538 $62,246,538
State General Funds
$62,246,538 $62,246,538 $62,246,538
TOTAL FEDERAL FUNDS
$8,160,000
$8,160,000
$8,160,000
Federal Funds Not Itemized
$8,160,000
$8,160,000
$8,160,000
TOTAL PUBLIC FUNDS
$70,406,538 $70,406,538 $70,406,538
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
$3,167,490 $3,167,490 $5,600,037
$3,167,490 $3,167,490 $5,600,037
$3,167,490 $3,167,490 $5,600,037
MONDAY, MARCH 23, 2015
2947
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$5,600,037 $5,600,037 $8,767,527
$5,600,037 $5,600,037 $8,767,527
$5,600,037 $5,600,037 $8,767,527
135.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$6,674
$6,674
$6,674
135.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$16,899
$16,899
$16,899
135.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$38,768
$38,768
$38,768
135.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$2,709
$2,709
$2,709
135.100-Georgia Virtual School
Appropriation (HB 76)
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
$3,232,540
$3,232,540
$3,232,540
State General Funds
$3,232,540
$3,232,540
$3,232,540
TOTAL AGENCY FUNDS
$5,600,037
$5,600,037
$5,600,037
Sales and Services
$5,600,037
$5,600,037
$5,600,037
Sales and Services Not Itemized
$5,600,037
$5,600,037
$5,600,037
TOTAL PUBLIC FUNDS
$8,832,577
$8,832,577
$8,832,577
Information Technology Services
Continuation Budget
The purpose of this appropriation is to manage enterprise technology for the department, provide internet access to local school
systems, support data collection and reporting needs, and support technology programs that assist local school systems.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
$17,213,029 $17,213,029
$1,371,954 $1,371,954
$17,213,029 $17,213,029
$1,371,954 $1,371,954
$17,213,029 $17,213,029
$1,371,954 $1,371,954
2948
JOURNAL OF THE HOUSE
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$7,204,762 $7,204,762 $7,204,762 $25,789,745
$7,204,762 $7,204,762 $7,204,762 $25,789,745
$7,204,762 $7,204,762 $7,204,762 $25,789,745
136.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$95,517
$95,517
$95,517
136.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$9,229
$9,229
$9,229
136.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$51,696
$51,696
$51,696
136.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$3,665
$3,665
$3,665
136.5 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$35,493
$35,493
$35,493
136.6 Increase funds for the E-Rate program to increase bandwidth from 3 to 100 Mbps for school systems.
State General Funds
$1,600,000
$1,600,000
$1,600,000
136.7 Reduce funds to reflect projected expenditures.
State General Funds
($250,000)
136.100 -Information Technology Services
Appropriation (HB 76)
The purpose of this appropriation is to manage enterprise technology for the department, provide internet access to local school
systems, support data collection and reporting needs, and support technology programs that assist local school systems.
TOTAL STATE FUNDS
$19,008,629 $19,008,629 $18,758,629
State General Funds
$19,008,629 $19,008,629 $18,758,629
TOTAL FEDERAL FUNDS
$1,371,954
$1,371,954
$1,371,954
Federal Funds Not Itemized
$1,371,954
$1,371,954
$1,371,954
TOTAL AGENCY FUNDS
$7,204,762
$7,204,762
$7,204,762
Intergovernmental Transfers
$7,204,762
$7,204,762
$7,204,762
Intergovernmental Transfers Not Itemized
$7,204,762
$7,204,762
$7,204,762
TOTAL PUBLIC FUNDS
$27,585,345 $27,585,345 $27,335,345
MONDAY, MARCH 23, 2015
2949
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
$10,900,885 $10,900,885 $10,900,885
$10,900,885 $10,900,885 $10,900,885
$10,900,885 $10,900,885 $10,900,885
137.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$24,476
$24,476
$24,476
137.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$24,796
$24,796
$24,796
137.3 Reduce funds for Residential Treatment Facilities based on attendance. (H:Increase funds)
State General Funds
($141,612)
$362,201
$0
137.4 Reduce funds for Sparsity Grants. (S:Reduce funds for Sparsity Grants, and fund Union County as a K-12 school)
State General Funds
($634,842)
($634,842)
($413,201)
137.100 -Non Quality Basic Education Formula Grants
Appropriation (HB 76)
The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity
grants.
TOTAL STATE FUNDS
$10,173,703 $10,677,516 $10,536,956
State General Funds
$10,173,703 $10,677,516 $10,536,956
TOTAL PUBLIC FUNDS
$10,173,703 $10,677,516 $10,536,956
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 AGENCY FUNDS
$22,854,133 $22,854,133 $714,191,428 $714,191,428
$108,824
$22,854,133 $22,854,133 $714,191,428 $714,191,428
$108,824
$22,854,133 $22,854,133 $714,191,428 $714,191,428
$108,824
2950
JOURNAL OF THE HOUSE
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$108,824 $108,824 $737,154,385
$108,824 $108,824 $737,154,385
$108,824 $108,824 $737,154,385
138.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$2,179
$2,179
$2,179
138.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$1,578
$1,578
$1,578
138.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$2,847
$2,847
$2,847
138.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$255
$255
$255
138.5 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$1,094
$1,094
$1,094
138.100 -Nutrition
Appropriation (HB 76)
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
$22,862,086 $22,862,086 $22,862,086
State General Funds
$22,862,086 $22,862,086 $22,862,086
TOTAL FEDERAL FUNDS
$714,191,428 $714,191,428 $714,191,428
Federal Funds Not Itemized
$714,191,428 $714,191,428 $714,191,428
TOTAL AGENCY FUNDS
$108,824
$108,824
$108,824
Intergovernmental Transfers
$108,824
$108,824
$108,824
Intergovernmental Transfers Not Itemized
$108,824
$108,824
$108,824
TOTAL PUBLIC FUNDS
$737,162,338 $737,162,338 $737,162,338
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.
MONDAY, MARCH 23, 2015
2951
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$30,051,758 $30,051,758 $30,051,758
$30,051,758 $30,051,758 $30,051,758
$30,051,758 $30,051,758 $30,051,758
139.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$252,240
$252,240
$252,240
139.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$193,356
$193,356
$193,356
139.3 Increase funds for enrollment growth and training and experience.
State General Funds
$948,985
$948,985
$948,985
139.100 -Preschool Handicapped
Appropriation (HB 76)
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
$31,446,339 $31,446,339 $31,446,339
State General Funds
$31,446,339 $31,446,339 $31,446,339
TOTAL PUBLIC FUNDS
$31,446,339 $31,446,339 $31,446,339
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
$479,385,097 $479,385,097 $479,385,097
$479,385,097 $479,385,097 $479,385,097
$479,385,097 $479,385,097 $479,385,097
140.1 Increase funds for the Equalization grant. (H:Increase funds for the Equalization grant and recognize pre-payment of
$8,299,466, HB75 (2015 Session), to ensure full compliance with O.C.G.A. 20-2-165)(S:Increase funds for Equalization grant based
on the Governor's Office of Planning and Budget funding formula)
State General Funds
$11,364,325 $18,840,831
$3,064,859
2952
JOURNAL OF THE HOUSE
140.100 -Quality Basic Education Equalization
Appropriation (HB 76)
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
$490,749,422 $498,225,928 $482,449,956
State General Funds
$490,749,422 $498,225,928 $482,449,956
TOTAL PUBLIC FUNDS
$490,749,422 $498,225,928 $482,449,956
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
($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124) ($1,673,940,124)
141.1 Increase funds for the Local Five Mill Share. State General Funds
$9,556,510
$8,980,939
$8,980,939
141.100 -Quality Basic Education Local Five Mill Share
Appropriation (HB 76)
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
($1,664,383,614) ($1,664,959,185) ($1,664,959,185)
State General Funds
($1,664,383,614) ($1,664,959,185) ($1,664,959,185)
TOTAL PUBLIC FUNDS
($1,664,383,614) ($1,664,959,185) ($1,664,959,185)
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
$8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642 $8,874,196,642
MONDAY, MARCH 23, 2015
2953
142.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$75,181,182 $74,444,407 $74,884,899
142.2 Increase funds for enrollment growth and training and experience.
State General Funds
$152,313,334 $152,430,547 $152,430,547
142.3 Increase funds for differentiated pay for newly certified math and science teachers.
State General Funds
$1,024,285
$1,235,053
$1,086,897
142.4 Increase funds for School Nurses.
State General Funds
$332,354
$631,357
$339,021
142.5 Increase funds for the State Commission Charter Schools supplement.
State General Funds
$8,987,653
$9,035,267
$9,035,267
142.6 Increase funds for charter systems grants.
State General Funds
$2,946,279
$3,037,740
$3,037,740
142.7 Reduce funds for the Special Needs Scholarship.
State General Funds
($1,189,260)
($989,550)
($989,550)
142.8 Increase funds for Move on When Ready. (H and S:Reduce funds for Move on When Ready and provide funding in the
Amended FY2016 budget based on new funding mechanisms recommended by the Dual Enrollment Task Force)
State General Funds
$51,723
($234,555)
($234,555)
142.9 Increase funds to offset the austerity reduction in order to provide local education authorities the flexibility to eliminate
teacher furlough days, increase instructional days, and increase teacher salaries.
State General Funds
$280,000,000 $280,000,000 $280,000,000
142.100-Quality Basic Education Program
Appropriation (HB 76)
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
$9,393,844,192 $9,393,786,908 $9,393,786,908
State General Funds
$9,393,844,192 $9,393,786,908 $9,393,786,908
TOTAL PUBLIC FUNDS
$9,393,844,192 $9,393,786,908 $9,393,786,908
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.
2954
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$9,941,168 $9,941,168 $9,941,168
$9,941,168 $9,941,168 $9,941,168
$9,941,168 $9,941,168 $9,941,168
143.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$7,792
$7,792
$7,792
143.2 Increase funds for personnel for 17 teacher and leader effectiveness support positions transferred from the School
Improvement program.(S:Increase funds for personnel for two training and development specialists ($204,974), and provide funds for
program for two months' salary ($171,461) by incorporating eight teacher and leader effectiveness support positions transferring
over in May and June 2016)
State General Funds
$2,071,685
$376,435
143.3 Increase funds for personnel for Positive Behavior Intervention Supports (PBIS) trainers.
State General Funds
$250,000
$300,000
143.4 Increase funds for a 10% baseline per RESA to support K-3 literacy and/or K-5 math mastery initiatives that will result in
documented achievement gains by instructional domain.
State General Funds
$994,116
143.5 Increase funds for an environmental science position for K-12 instruction originating in the Okefenokee Swamp Park and
made available statewide through a virtual education initiative.
State General Funds
$60,000
143.100-Regional Education Service Agencies
Appropriation (HB 76)
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
$9,948,960 $12,270,645 $11,679,511
State General Funds
$9,948,960 $12,270,645 $11,679,511
TOTAL PUBLIC FUNDS
$9,948,960 $12,270,645 $11,679,511
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.
MONDAY, MARCH 23, 2015
2955
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$6,094,147 $6,094,147 $9,227,301 $9,227,301 $15,321,448
$6,094,147 $6,094,147 $9,227,301 $9,227,301 $15,321,448
$6,094,147 $6,094,147 $9,227,301 $9,227,301 $15,321,448
144.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$60,794
$60,794
$60,794
144.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$9,211
$9,211
$9,211
144.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$38,517
$38,517
$38,517
144.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$2,620
$2,620
$2,620
144.5 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$2,188
$2,188
$2,188
144.6 Increase funds for personnel for 17 teacher and leader effectiveness support positions, one teacher induction position, and two
district effectiveness positions and for operations. (H:Increase funds for personnel for one teacher induction position and two district
effectiveness positions and for operations and transfer funds for personnel for 17 teacher and leader effectiveness support positions to
the RESAs program)(S:Increase funds for operations ($120,352) and for personnel for seven positions supporting online learning,
electronic platform and data documentation and evaluation ($735,646), two district effectiveness positions ($228,649) and one
teacher induction position ($120,298); and provide funds for ten months to conclude by May 1, 2016 for personnel for eight new
teacher and leadership effectiveness positions transferring to Regional Education Service Agencies program ($857,304))
State General Funds
$2,438,684
$366,999
$2,062,249
144.7 Increase funds for professional development and support for corps members in Teach for America.
State General Funds
$350,000
$350,000
$150,000
144.100 -School Improvement
Appropriation (HB 76)
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.
2956
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$8,996,161 $8,996,161 $9,227,301 $9,227,301 $18,223,462
$6,924,476 $6,924,476 $9,227,301 $9,227,301 $16,151,777
$8,419,726 $8,419,726 $9,227,301 $9,227,301 $17,647,027
State Charter School Commission Administration
Continuation Budget
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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$0 $0 $2,511,278 $2,511,278 $2,511,278 $2,511,278
$0 $0 $2,511,278 $2,511,278 $2,511,278 $2,511,278
$0 $0 $2,511,278 $2,511,278 $2,511,278 $2,511,278
145.100 -State Charter School Commission Administration
Appropriation (HB 76)
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
$2,511,278 $2,511,278 $2,511,278 $2,511,278
$2,511,278 $2,511,278 $2,511,278 $2,511,278
$2,511,278 $2,511,278 $2,511,278 $2,511,278
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.
MONDAY, MARCH 23, 2015
2957
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$8,097,963 $8,097,963 $22,847,100 $22,847,100 $30,945,063
$8,097,963 $8,097,963 $22,847,100 $22,847,100 $30,945,063
$8,097,963 $8,097,963 $22,847,100 $22,847,100 $30,945,063
146.100-State Interagency Transfers
Appropriation (HB 76)
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
$22,847,100 $22,847,100 $22,847,100
Federal Funds Not Itemized
$22,847,100 $22,847,100 $22,847,100
TOTAL PUBLIC FUNDS
$30,945,063 $30,945,063 $30,945,063
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 FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994
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
$25,815,381 $25,815,381
$863,480 $843,850
$19,630 $957,589 $892,739 $892,739
$61,006 $61,006
$3,844 $3,844 $27,636,450
$25,815,381 $25,815,381
$863,480 $843,850
$19,630 $957,589 $892,739 $892,739
$61,006 $61,006
$3,844 $3,844 $27,636,450
$25,815,381 $25,815,381
$863,480 $843,850
$19,630 $957,589 $892,739 $892,739
$61,006 $61,006
$3,844 $3,844 $27,636,450
2958
JOURNAL OF THE HOUSE
147.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$208,674
$208,674
$208,674
147.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$56,174
$56,174
$56,174
147.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$153,677
$153,677
$153,677
147.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$19,663
$19,663
$19,663
147.5 Increase funds for training and experience.
State General Funds
$194,398
$194,398
$194,398
147.100 -State Schools
Appropriation (HB 76)
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
$26,447,967 $26,447,967 $26,447,967
State General Funds
$26,447,967 $26,447,967 $26,447,967
TOTAL FEDERAL FUNDS
$863,480
$863,480
$863,480
Federal Funds Not Itemized
$843,850
$843,850
$843,850
Maternal & Child Health Services Block Grant CFDA93.994
$19,630
$19,630
$19,630
TOTAL AGENCY FUNDS
$957,589
$957,589
$957,589
Intergovernmental Transfers
$892,739
$892,739
$892,739
Intergovernmental Transfers Not Itemized
$892,739
$892,739
$892,739
Rebates, Refunds, and Reimbursements
$61,006
$61,006
$61,006
Rebates, Refunds, and Reimbursements Not Itemized
$61,006
$61,006
$61,006
Sales and Services
$3,844
$3,844
$3,844
Sales and Services Not Itemized
$3,844
$3,844
$3,844
TOTAL PUBLIC FUNDS
$28,269,036 $28,269,036 $28,269,036
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.
MONDAY, MARCH 23, 2015
2959
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
$16,112,487 $16,112,487 $19,947,771 $19,947,771
$4,779,024 $4,779,024 $4,779,024 $40,839,282
$16,112,487 $16,112,487 $19,947,771 $19,947,771
$4,779,024 $4,779,024 $4,779,024 $40,839,282
$16,112,487 $16,112,487 $19,947,771 $19,947,771
$4,779,024 $4,779,024 $4,779,024 $40,839,282
148.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$13,909
$13,909
$13,909
148.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$8,770
$8,770
$8,770
148.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$10,290
$10,290
$10,290
148.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$733
$733
$733
148.5 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$5,744
$5,744
$5,744
148.6 Increase funds for vocational industry certification.
State General Funds
$752,546
$752,546
$752,546
148.7 Increase funds for the Extended Day/Year program.
State General Funds
$37,895
$94,382
148.100-Technology/Career Education
Appropriation (HB 76)
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
$16,904,479 $16,942,374 $16,998,861
State General Funds
$16,904,479 $16,942,374 $16,998,861
TOTAL FEDERAL FUNDS
$19,947,771 $19,947,771 $19,947,771
Federal Funds Not Itemized
$19,947,771 $19,947,771 $19,947,771
TOTAL AGENCY FUNDS
$4,779,024
$4,779,024
$4,779,024
2960
JOURNAL OF THE HOUSE
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$4,779,024 $4,779,024 $41,631,274
$4,779,024 $4,779,024 $41,669,169
$4,779,024 $4,779,024 $41,725,656
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
$24,686,112 $24,686,112 $19,218,028 $19,218,028 $43,904,140
$24,686,112 $24,686,112 $19,218,028 $19,218,028 $43,904,140
$24,686,112 $24,686,112 $19,218,028 $19,218,028 $43,904,140
149.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$11,910
$11,910
$11,910
149.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$3,350
$3,350
$3,350
149.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$13,127
$13,127
$13,127
149.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$829
$829
$829
149.5 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$7,926
$7,926
$7,926
149.6 Increase funds for the Georgia Milestones assessment.
State General Funds
$1,067,328
$1,067,328
$1,067,328
149.7 Increase funds for personnel for two accountability and assessment positions ($252,436) and for operations ($3,000).
State General Funds
$255,436
$255,436
$255,436
149.8 Increase funds for contracts to review and analyze student growth models statewide.
State General Funds
$605,569
$605,569
$605,569
MONDAY, MARCH 23, 2015
2961
149.9 Utilize existing funds to provide tenth grade students with the choice between the PSAT or ACT Compass exams.
(G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
149.100 -Testing
Appropriation (HB 76)
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
$26,651,587 $26,651,587 $26,651,587
State General Funds
$26,651,587 $26,651,587 $26,651,587
TOTAL FEDERAL FUNDS
$19,218,028 $19,218,028 $19,218,028
Federal Funds Not Itemized
$19,218,028 $19,218,028 $19,218,028
TOTAL PUBLIC FUNDS
$45,869,615 $45,869,615 $45,869,615
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
150.100 -Tuition for Multi-Handicapped
Appropriation (HB 76)
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 $2,463.45. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
2962
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
$30,369,769 $30,369,769
$30,369,769 $30,369,769
$4,067,135
$4,067,135
$4,067,135
$4,067,135
$4,067,135
$4,067,135
$19,723,670 $19,723,670
$19,723,670 $19,723,670
$19,723,670 $19,723,670
$54,160,574 $54,160,574
$30,369,769 $30,369,769
$4,067,135 $4,067,135 $4,067,135 $19,723,670 $19,723,670 $19,723,670 $54,160,574
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
$30,579,930 $30,579,930
$4,067,135 $4,067,135 $4,067,135 $20,237,876 $20,237,876 $20,237,876 $54,884,941
$30,579,930 $30,579,930
$4,067,135 $4,067,135 $4,067,135 $20,237,876 $20,237,876 $20,237,876 $54,884,941
$30,579,930 $30,579,930
$4,067,135 $4,067,135 $4,067,135 $20,237,876 $20,237,876 $20,237,876 $54,884,941
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 $4,067,135 $4,067,135 $4,067,135 $4,067,135
$0 $0 $4,067,135 $4,067,135 $4,067,135 $4,067,135
$0 $0 $4,067,135 $4,067,135 $4,067,135 $4,067,135
MONDAY, MARCH 23, 2015
2963
151.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System ($4,817) and for contracts
($252,000).
Retirement Payments
$256,817
$256,817
$256,817
151.100-Deferred Compensation
Appropriation (HB 76)
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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS
$4,067,135 $4,067,135 $4,067,135
$256,817 $256,817 $256,817 $4,323,952
$4,067,135 $4,067,135 $4,067,135
$256,817 $256,817 $256,817 $4,323,952
$4,067,135 $4,067,135 $4,067,135
$256,817 $256,817 $256,817 $4,323,952
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
$1,893,369 $1,893,369 $1,893,369
$1,893,369 $1,893,369 $1,893,369
$1,893,369 $1,893,369 $1,893,369
152.1 Increase funds for the annual required contribution in accordance with the most recent actuarial report.
State General Funds
$96,161
$96,161
$96,161
152.100-Georgia Military Pension Fund
Appropriation (HB 76)
The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard.
TOTAL STATE FUNDS
$1,989,530
$1,989,530
$1,989,530
State General Funds
$1,989,530
$1,989,530
$1,989,530
TOTAL PUBLIC FUNDS
$1,989,530
$1,989,530
$1,989,530
2964
JOURNAL OF THE HOUSE
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
$28,461,000 $28,461,000 $28,461,000
$28,461,000 $28,461,000 $28,461,000
$28,461,000 $28,461,000 $28,461,000
153.1 Increase funds for the annual required contribution in accordance with the most recent actuarial report.
State General Funds
$119,000
$119,000
$119,000
153.100 -Public School Employees Retirement System
Appropriation (HB 76)
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
$28,580,000 $28,580,000 $28,580,000
State General Funds
$28,580,000 $28,580,000 $28,580,000
TOTAL PUBLIC FUNDS
$28,580,000 $28,580,000 $28,580,000
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 Retirement Payments
TOTAL PUBLIC FUNDS
$15,400 $15,400 $19,723,670 $19,723,670 $19,723,670 $19,739,070
$15,400 $15,400 $19,723,670 $19,723,670 $19,723,670 $19,739,070
$15,400 $15,400 $19,723,670 $19,723,670 $19,723,670 $19,739,070
154.1 Reduce funds for HB477 (2014 Session) as all requirements have been satisfied by the actuary.
State General Funds
($5,000)
($5,000)
($5,000)
MONDAY, MARCH 23, 2015
2965
154.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System ($134,389) and contracts
($123,000).
Retirement Payments
$257,389
$257,389
$257,389
154.100-System Administration
Appropriation (HB 76)
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
$10,400
$10,400
$10,400
State General Funds
$10,400
$10,400
$10,400
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$19,981,059 $19,981,059 $19,981,059
State Funds Transfers
$19,981,059 $19,981,059 $19,981,059
Retirement Payments
$19,981,059 $19,981,059 $19,981,059
TOTAL PUBLIC FUNDS
$19,991,459 $19,991,459 $19,991,459
It is the intent of the General Assembly that the employer contribution rate for the Employees' Retirement System shall not exceed 24.72% for New Plan employees and 19.97% for Old Plan employees. For the GSEPS employees, the employer contribution rate shall not exceed 21.69% 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 $764.97 per member for State Fiscal Year 2016.
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
Section Total - Continuation
$32,958,632 $32,958,632
$32,958,632 $32,958,632
$5,982,769
$5,982,769
$5,982,769
$5,982,769
$6,835,195
$6,835,195
$187,000
$187,000
$187,000
$187,000
$33,000
$33,000
$33,000
$33,000
$6,615,195
$6,615,195
$6,615,195
$6,615,195
$32,958,632 $32,958,632
$5,982,769 $5,982,769 $6,835,195
$187,000 $187,000
$33,000 $33,000 $6,615,195 $6,615,195
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JOURNAL OF THE HOUSE
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$210,500 $210,500 $210,500 $45,987,096
$210,500 $210,500 $210,500 $45,987,096
$210,500 $210,500 $210,500 $45,987,096
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
$33,455,992 $33,455,992
$5,982,769 $5,982,769 $6,835,195
$187,000 $187,000
$33,000 $33,000 $6,615,195 $6,615,195 $210,500 $210,500 $210,500 $46,484,456
$35,298,756 $35,298,756
$5,982,769 $5,982,769 $6,835,195
$187,000 $187,000
$33,000 $33,000 $6,615,195 $6,615,195 $210,500 $210,500 $210,500 $48,327,220
$35,298,756 $35,298,756
$5,982,769 $5,982,769 $6,835,195
$187,000 $187,000
$33,000 $33,000 $6,615,195 $6,615,195 $210,500 $210,500 $210,500 $48,327,220
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
$3,401,565 $3,401,565
$48,800 $48,800 $76,288 $76,288
$3,401,565 $3,401,565
$48,800 $48,800 $76,288 $76,288
$3,401,565 $3,401,565
$48,800 $48,800 $76,288 $76,288
MONDAY, MARCH 23, 2015
2967
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$76,288 $3,526,653
$76,288 $3,526,653
$76,288 $3,526,653
155.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$41,565
$41,565
$41,565
155.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$18,659
$18,659
$18,659
155.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($8,817)
($8,817)
($8,817)
155.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$12,135
$12,135
$12,135
155.5 Utilize existing funds of $48,000 to implement the Winter Weather Task Force recommendation to improve fleet management
by using smart phone technology for 100 strike teams. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
155.100-Commission Administration
Appropriation (HB 76)
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
$3,465,107
$3,465,107
$3,465,107
State General Funds
$3,465,107
$3,465,107
$3,465,107
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
$3,590,195
$3,590,195
$3,590,195
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 Georgia's Carbon Registry; to
2968
JOURNAL OF THE HOUSE
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
$2,431,473 $2,431,473 $3,553,571 $3,553,571
$950,732 $187,000 $187,000 $763,732 $763,732 $189,000 $189,000 $189,000 $7,124,776
$2,431,473 $2,431,473 $3,553,571 $3,553,571
$950,732 $187,000 $187,000 $763,732 $763,732 $189,000 $189,000 $189,000 $7,124,776
$2,431,473 $2,431,473 $3,553,571 $3,553,571
$950,732 $187,000 $187,000 $763,732 $763,732 $189,000 $189,000 $189,000 $7,124,776
156.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$31,149
$31,149
$31,149
156.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$12,306
$12,306
$12,306
156.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($9,747)
($9,747)
($9,747)
156.4 Increase funds for personnel for the final installment of the employee retention plan for foresters and forest inventory analysis
personnel. (S:Increase funds for personnel for the final installment of the employee retention plan for forest management personnel)
State General Funds
$131,637
$396,650
156.100-Forest Management
Appropriation (HB 76)
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
MONDAY, MARCH 23, 2015
2969
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
$2,465,181
$2,596,818
$2,861,831
State General Funds
$2,465,181
$2,596,818
$2,861,831
TOTAL FEDERAL FUNDS
$3,553,571
$3,553,571
$3,553,571
Federal Funds Not Itemized
$3,553,571
$3,553,571
$3,553,571
TOTAL AGENCY FUNDS
$950,732
$950,732
$950,732
Intergovernmental Transfers
$187,000
$187,000
$187,000
Intergovernmental Transfers Not Itemized
$187,000
$187,000
$187,000
Sales and Services
$763,732
$763,732
$763,732
Sales and Services Not Itemized
$763,732
$763,732
$763,732
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$189,000
$189,000
$189,000
State Funds Transfers
$189,000
$189,000
$189,000
Agency to Agency Contracts
$189,000
$189,000
$189,000
TOTAL PUBLIC FUNDS
$7,158,484
$7,290,121
$7,555,134
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 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 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
$27,125,594 $27,125,594
$2,246,681 $2,246,681 $4,741,312
$33,000 $33,000 $4,708,312 $4,708,312
$27,125,594 $27,125,594
$2,246,681 $2,246,681 $4,741,312
$33,000 $33,000 $4,708,312 $4,708,312
$27,125,594 $27,125,594
$2,246,681 $2,246,681 $4,741,312
$33,000 $33,000 $4,708,312 $4,708,312
2970
JOURNAL OF THE HOUSE
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$15,000 $15,000 $15,000 $34,128,587
$15,000 $15,000 $15,000 $34,128,587
$15,000 $15,000 $15,000 $34,128,587
157.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$330,321
$330,321
$330,321
157.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$158,059
$158,059
$158,059
157.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($88,270)
($88,270)
($88,270)
157.4 Increase funds for personnel for the final installment of the employee retention plan for rangers and chief rangers. (S:Increase
funds for personnel for the final installment of the employee retention plan for fire protection personnel)
State General Funds
$1,711,127
$1,446,114
157.100-Forest Protection
Appropriation (HB 76)
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 STATE FUNDS
$27,525,704 $29,236,831 $28,971,818
State General Funds
$27,525,704 $29,236,831 $28,971,818
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
$4,741,312
$4,741,312
$4,741,312
Royalties and Rents
$33,000
$33,000
$33,000
Royalties and Rents Not Itemized
$33,000
$33,000
$33,000
Sales and Services
$4,708,312
$4,708,312
$4,708,312
Sales and Services Not Itemized
$4,708,312
$4,708,312
$4,708,312
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$15,000
$15,000
$15,000
MONDAY, MARCH 23, 2015
2971
State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$15,000 $15,000 $34,528,697
$15,000 $15,000 $36,239,824
$15,000 $15,000 $35,974,811
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 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
$0 $0 $133,717 $133,717 $1,066,863 $1,066,863 $1,066,863 $6,500 $6,500 $6,500 $1,207,080
$0 $0 $133,717 $133,717 $1,066,863 $1,066,863 $1,066,863 $6,500 $6,500 $6,500 $1,207,080
$0 $0 $133,717 $133,717 $1,066,863 $1,066,863 $1,066,863 $6,500 $6,500 $6,500 $1,207,080
158.100 -Tree Seedling Nursery
Appropriation (HB 76)
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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$133,717 $133,717 $1,066,863 $1,066,863 $1,066,863
$6,500 $6,500 $6,500 $1,207,080
$133,717 $133,717 $1,066,863 $1,066,863 $1,066,863
$6,500 $6,500 $6,500 $1,207,080
$133,717 $133,717 $1,066,863 $1,066,863 $1,066,863
$6,500 $6,500 $6,500 $1,207,080
2972
JOURNAL OF THE HOUSE
Section 26: Governor, Office of the
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 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
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
Section Total - Continuation
$52,347,978 $52,347,978
$52,347,978 $52,347,978
$30,183,850 $30,183,850
$30,183,850 $30,183,850
$1,428,720
$1,428,720
$500,000
$500,000
$500,000
$500,000
$100,000
$100,000
$100,000
$100,000
$661,031
$661,031
$661,031
$661,031
$167,689
$167,689
$167,689
$167,689
$147,325
$147,325
$147,325
$147,325
$147,325
$147,325
$84,107,873 $84,107,873
Section Total - Final
$62,655,805 $62,655,805 $30,120,112 $30,120,112
$761,031 $500,000 $500,000 $100,000 $100,000 $161,031 $161,031 $147,325
$55,613,506 $55,613,506 $30,120,112 $30,120,112
$761,031 $500,000 $500,000 $100,000 $100,000 $161,031 $161,031 $147,325
$52,347,978 $52,347,978 $30,183,850 $30,183,850
$1,428,720 $500,000 $500,000 $100,000 $100,000 $661,031 $661,031 $167,689 $167,689 $147,325 $147,325 $147,325
$84,107,873
$55,844,908 $55,844,908 $30,120,112 $30,120,112
$761,031 $500,000 $500,000 $100,000 $100,000 $161,031 $161,031 $147,325
MONDAY, MARCH 23, 2015
2973
State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$147,325 $147,325 $93,684,273
$147,325 $147,325 $86,641,974
$147,325 $147,325 $86,873,376
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
$11,062,041 $11,062,041 $11,062,041
$11,062,041 $11,062,041 $11,062,041
$11,062,041 $11,062,041 $11,062,041
159.100-Governor's Emergency Fund
Appropriation (HB 76)
The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on
government.
TOTAL STATE FUNDS
$11,062,041 $11,062,041 $11,062,041
State General Funds
$11,062,041 $11,062,041 $11,062,041
TOTAL PUBLIC FUNDS
$11,062,041 $11,062,041 $11,062,041
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 O.C.G.A. 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
$6,072,026 $6,072,026
$100,000 $100,000 $100,000 $6,172,026
$6,072,026 $6,072,026
$100,000 $100,000 $100,000 $6,172,026
$6,072,026 $6,072,026
$100,000 $100,000 $100,000 $6,172,026
160.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$109,799
$109,799
$109,799
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JOURNAL OF THE HOUSE
160.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$37,708
$37,708
$37,708
160.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$6,161
$6,161
$6,161
160.4 Transfer funds and two positions from the Department of Behavioral Health and Developmental Disabilities Departmental
Administration program to the Governor's Office program for Disability Services Ombudsman activities to promote the safety, well-
being, and rights of consumers.
State General Funds
$279,154
$279,154
$279,154
160.100 -Governor's Office
Appropriation (HB 76)
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 STATE FUNDS
$6,504,848
$6,504,848
$6,504,848
State General Funds
$6,504,848
$6,504,848
$6,504,848
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
$6,604,848
$6,604,848
$6,604,848
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
$8,353,713 $8,353,713 $8,353,713
$8,353,713 $8,353,713 $8,353,713
$8,353,713 $8,353,713 $8,353,713
161.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$127,331
$127,331
$127,331
161.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$46,285
$46,285
$46,285
MONDAY, MARCH 23, 2015
2975
161.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$8,106
$8,106
$8,106
161.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$20,601
$20,601
$20,601
161.5 Utilize existing funds for personnel ($200,000). (H:YES)(S:YES)
State General Funds
$0
$0
161.100 -Planning and Budget, Governor's Office of
Appropriation (HB 76)
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
$8,556,036
$8,556,036
$8,556,036
State General Funds
$8,556,036
$8,556,036
$8,556,036
TOTAL PUBLIC FUNDS
$8,556,036
$8,556,036
$8,556,036
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 PUBLIC FUNDS
$888,266 $888,266
$5,000 $5,000 $893,266
$888,266 $888,266
$5,000 $5,000 $893,266
$888,266 $888,266
$5,000 $5,000 $893,266
162.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$18,707
$18,707
$18,707
162.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$5,979
$5,979
$5,979
162.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($1,657)
($1,657)
($1,657)
2976
JOURNAL OF THE HOUSE
162.4 Increase funds for personnel for one investigator position. State General Funds
$70,000
$70,000
162.100 -Child Advocate, Office of the
Appropriation (HB 76)
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
$911,295
$981,295
$981,295
State General Funds
$911,295
$981,295
$981,295
TOTAL FEDERAL FUNDS
$5,000
$5,000
$5,000
Federal Funds Not Itemized
$5,000
$5,000
$5,000
TOTAL PUBLIC FUNDS
$916,295
$986,295
$986,295
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
TOTAL PUBLIC FUNDS
$1,429,645 $1,429,645
$63,738 $63,738 $1,493,383
$1,429,645 $1,429,645
$63,738 $63,738 $1,493,383
$1,429,645 $1,429,645
$63,738 $63,738 $1,493,383
163.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$1,721
$1,721
$1,721
163.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$1,206
$1,206
$1,206
163.3 Transfer funds from the Governor's Office for Children and Families to the Department of Human Services Child Abuse and
Neglect Prevention program for abstinence education activities. (H and S:NO; Reduce funds for the health survey program)
State General Funds
($515,567)
($515,567)
($515,567)
Federal Funds Not Itemized
($63,738)
($63,738)
($63,738)
Total Public Funds:
($579,305)
($579,305)
($579,305)
MONDAY, MARCH 23, 2015
2977
163.4 Transfer funds from the Governor's Office for Children and Families to the Department of Human Services Child Abuse and
Neglect Prevention program for Georgia After School and Youth Development Conference and Quality Standards activities.
State General Funds
($92,500)
($92,500)
($92,500)
163.100 -Children and Families, Governor's Office for
Appropriation (HB 76)
The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to
families.
TOTAL STATE FUNDS
$824,505
$824,505
$824,505
State General Funds
$824,505
$824,505
$824,505
TOTAL PUBLIC FUNDS
$824,505
$824,505
$824,505
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
$2,140,510 $2,140,510 $29,703,182 $29,703,182
$660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,651,548
$2,140,510 $2,140,510 $29,703,182 $29,703,182
$660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,651,548
$2,140,510 $2,140,510 $29,703,182 $29,703,182
$660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,651,548
164.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$19,477
$19,477
$19,477
2978
JOURNAL OF THE HOUSE
164.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$14,544
$14,544
$14,544
164.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($6,313)
($6,313)
($6,313)
164.4 Increase funds for personnel for four positions to support recommendations made by the Governor's Severe Winter Weather
Warning and Preparedness Task Force.
State General Funds
$304,000
$304,000
$235,200
164.5 Increase funds for personnel to reflect projected expenditures.
State General Funds
$62,198
$62,198
$62,198
164.6 Increase funds to begin a cyber security program.
State General Funds
$250,000
164.100 -Emergency Management Agency, Georgia
Appropriation (HB 76)
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
$2,534,416
$2,534,416
$2,715,616
State General Funds
$2,534,416
$2,534,416
$2,715,616
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
$33,045,454 $33,045,454 $33,226,654
MONDAY, MARCH 23, 2015
2979
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 PUBLIC FUNDS
$670,414 $670,414 $670,414
$670,414 $670,414 $670,414
$670,414 $670,414 $670,414
165.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$14,430
$14,430
$14,430
165.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$4,720
$4,720
$4,720
165.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$6,213
$6,213
$6,213
165.100-Equal Opportunity, Georgia Commission on
Appropriation (HB 76)
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
$695,777
$695,777
$695,777
State General Funds
$695,777
$695,777
$695,777
TOTAL PUBLIC FUNDS
$695,777
$695,777
$695,777
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
$6,274,340 $6,274,340
$411,930 $411,930
$500 $500
$6,274,340 $6,274,340
$411,930 $411,930
$500 $500
$6,274,340 $6,274,340
$411,930 $411,930
$500 $500
2980
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$500 $6,686,770
$500 $6,686,770
$500 $6,686,770
166.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$116,240
$116,240
$116,240
166.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$1,879
$1,879
$1,879
166.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$35,408
$35,408
$35,408
166.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$5,156
$5,156
$5,156
166.5 Increase funds for personnel for two education preparation specialists ($208,924), one certification evaluator ($75,853), and
one investigator ($69,289).
State General Funds
$354,066
$354,066
$354,066
166.6 Increase funds for information technology for maintenance and support of systems.
State General Funds
$100,000
$100,000
$100,000
166.100-Professional Standards Commission, Georgia
Appropriation (HB 76)
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
$6,887,089
$6,887,089
$6,887,089
State General Funds
$6,887,089
$6,887,089
$6,887,089
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
$7,299,519
$7,299,519
$7,299,519
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.
MONDAY, MARCH 23, 2015
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
$4,675,275 $4,675,275
$667,689 $500,000 $500,000 $167,689 $167,689 $5,342,964
$4,675,275 $4,675,275
$667,689 $500,000 $500,000 $167,689 $167,689 $5,342,964
$4,675,275 $4,675,275
$667,689 $500,000 $500,000 $167,689 $167,689 $5,342,964
167.98 Transfer funds for all activities and functions, 65 positions and 2 vehicles related to the Governor's Office of Consumer
Protection to the Department of Law to administer the program.
State General Funds
($4,675,275) ($4,675,275) ($4,675,275)
Sales and Services Not Itemized
($500,000)
($500,000)
($500,000)
Sanctions, Fines, and Penalties Not Itemized
($167,689)
($167,689)
($167,689)
Total Public Funds:
($5,342,964) ($5,342,964) ($5,342,964)
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
$652,762 $652,762 $652,762
$652,762 $652,762 $652,762
$652,762 $652,762 $652,762
168.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$13,126
$13,126
$13,126
168.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$4,048
$4,048
$4,048
168.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$743
$743
$743
2981
2982
JOURNAL OF THE HOUSE
168.100 -Office of the State Inspector General
Appropriation (HB 76)
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
$670,679
$670,679
$670,679
State General Funds
$670,679
$670,679
$670,679
TOTAL PUBLIC FUNDS
$670,679
$670,679
$670,679
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
$10,128,986 $10,128,986 $10,128,986
$10,128,986 $10,128,986 $10,128,986
$10,128,986 $10,128,986 $10,128,986
169.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$70,945
$70,945
$70,945
169.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$4,361
$4,361
$4,361
169.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$17,375
$17,375
$17,375
169.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$222
$222
$222
169.5 Increase funds for Georgia's Academic and Workforce Analysis and Research Data System (GA AWARDS).
State General Funds
$217,100
$217,100
$217,100
169.6 Increase funds for personnel for an academic audit specialist position.
State General Funds
$109,863
$109,863
$109,863
169.7 Increase funds for erasure analysis of student assessments.
State General Funds
$150,000
$150,000
$150,000
169.8 Increase funds for the Georgia Innovation Fund to award grants for innovative programs in public education.
State General Funds
$2,500,000
$1,465,000
$1,465,000
MONDAY, MARCH 23, 2015
2983
169.9 Increase funds for the Governor's Honors Program to meet the projected need.
State General Funds
$413,170
$413,170
$413,170
169.10 Add funds for strategic professional development initiatives per SB404 (2012 Session). (H:Increase funds to expand the
Reading Mentor program)(S:Increase funds for personnel for eight positions for a reading mentor program and eight positions for a
K-5 function math mastery program)
State General Funds
$10,397,097
$4,319,798
$4,370,000
169.100 -Student Achievement, Office of
Appropriation (HB 76)
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
$24,009,119 $16,896,820 $16,947,022
State General Funds
$24,009,119 $16,896,820 $16,947,022
TOTAL PUBLIC FUNDS
$24,009,119 $16,896,820 $16,947,022
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 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
Section Total - Continuation
$523,873,307 $523,873,307
$517,681,501 $517,681,501
$6,191,806
$6,191,806
$1,102,315,922 $1,102,315,922
$453,603,669 $453,603,669
$22,498
$22,498
$1,166,080
$1,166,080
$209,161
$209,161
$10,599,773 $10,599,773
$16,526,699 $16,526,699
$76,380,126 $76,380,126
$55,866,874 $55,866,874
$79,458,085 $79,458,085
$52,778,456 $52,778,456
$523,873,307 $517,681,501
$6,191,806 $1,102,315,922
$453,603,669 $22,498
$1,166,080 $209,161
$10,599,773 $16,526,699 $76,380,126 $55,866,874 $79,458,085 $52,778,456
2984
JOURNAL OF THE HOUSE
Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Social Services Block Grant 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 Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Indirect FFIND Community Services Block Grant CFDA93.569
TOTAL PUBLIC FUNDS
$355,704,501 $348,149,998
$7,554,503 $48,536,211
$46,500 $46,500 $465,286 $465,286 $48,024,425 $48,024,425 $3,567,485 $1,344,249 $1,344,249 $2,223,236 $2,223,236 $1,678,292,925
$355,704,501 $348,149,998
$7,554,503 $48,536,211
$46,500 $46,500 $465,286 $465,286 $48,024,425 $48,024,425 $3,567,485 $1,344,249 $1,344,249 $2,223,236 $2,223,236 $1,678,292,925
$355,704,501 $348,149,998
$7,554,503 $48,536,211
$46,500 $46,500 $465,286 $465,286 $48,024,425 $48,024,425 $3,567,485 $1,344,249 $1,344,249 $2,223,236 $2,223,236 $1,678,292,925
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
Section Total - Final
$553,384,471 $547,192,665
$6,191,806 $1,111,927,482
$454,054,359 $22,498
$1,166,080 $209,161
$10,599,773 $16,526,699 $85,540,996 $55,866,874 $79,458,085 $52,778,456 $355,704,501
$555,752,402 $549,560,596
$6,191,806 $1,115,463,744
$457,590,621 $22,498
$1,166,080 $209,161
$10,599,773 $16,526,699 $85,540,996 $55,866,874 $79,458,085 $52,778,456 $355,704,501
$555,522,809 $549,331,003
$6,191,806 $1,115,463,744
$457,590,621 $22,498
$1,166,080 $209,161
$10,599,773 $16,526,699 $85,540,996 $55,866,874 $79,458,085 $52,778,456 $355,704,501
MONDAY, MARCH 23, 2015
2985
Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Social Services Block Grant 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 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Indirect FFIND Community Services Block Grant CFDA93.569 TOTAL PUBLIC FUNDS
$348,149,998 $7,554,503
$48,536,211 $46,500 $46,500
$465,286 $465,286 $48,024,425 $48,024,425 $3,567,485 $1,344,249 $1,344,249 $2,223,236 $2,223,236 $1,717,415,649
$348,149,998 $7,554,503
$48,536,211 $46,500 $46,500
$465,286 $465,286 $48,024,425 $48,024,425 $3,567,485 $1,344,249 $1,344,249 $2,223,236 $2,223,236 $1,723,319,842
$348,149,998 $7,554,503
$48,536,211 $46,500 $46,500
$465,286 $465,286 $48,024,425 $48,024,425 $3,567,485 $1,344,249 $1,344,249 $2,223,236 $2,223,236 $1,723,090,249
Adoptions 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
$34,074,571 $34,074,571 $56,178,865 $39,778,865 $16,400,000 $16,400,000
$46,500 $46,500 $46,500 $90,299,936
$34,074,571 $34,074,571 $56,178,865 $39,778,865 $16,400,000 $16,400,000
$46,500 $46,500 $46,500 $90,299,936
$34,074,571 $34,074,571 $56,178,865 $39,778,865 $16,400,000 $16,400,000
$46,500 $46,500 $46,500 $90,299,936
170.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$25,251
$25,251
$25,251
2986
JOURNAL OF THE HOUSE
170.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$8,456
$8,456
$8,456
170.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$1,031
$1,031
$1,031
170.4 Reduce funds to reflect savings from an increase in the Federal Medical Assistance Percentage (FMAP) rate from 66.69% to
67.40%.
State General Funds
($386,952)
($386,952)
($386,952)
Federal Funds Not Itemized
$386,952
$386,952
$386,952
Total Public Funds:
$0
$0
$0
170.100 -Adoptions Services
Appropriation (HB 76)
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
$33,722,357 $33,722,357 $33,722,357
State General Funds
$33,722,357 $33,722,357 $33,722,357
TOTAL FEDERAL FUNDS
$56,565,817 $56,565,817 $56,565,817
Federal Funds Not Itemized
$40,165,817 $40,165,817 $40,165,817
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
Contributions, Donations, and Forfeitures Not Itemized
$46,500
$46,500
$46,500
TOTAL PUBLIC FUNDS
$90,334,674 $90,334,674 $90,334,674
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
$0 $0 $15,500,000 $15,500,000
$0 $0 $15,500,000 $15,500,000
$0 $0 $15,500,000 $15,500,000
MONDAY, MARCH 23, 2015
2987
Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS
$15,500,000 $15,500,000
$15,500,000 $15,500,000
$15,500,000 $15,500,000
171.100 -After School Care
Appropriation (HB 76)
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
$15,500,000 $15,500,000 $15,500,000 $15,500,000
$15,500,000 $15,500,000 $15,500,000 $15,500,000
$15,500,000 $15,500,000 $15,500,000 $15,500,000
Child Abuse and Neglect Prevention
Continuation Budget
TOTAL STATE FUNDS State General Funds
$0
$0
$0
$0
$0
$0
172.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$587
$587
$587
172.2 Transfer funds and six positions from the Child Welfare Services - Special Project program to the Child Abuse and Neglect
Prevention program for child abuse and neglect prevention and home visiting activities.
State General Funds
$1,181,946
$1,181,946
$1,181,946
Temporary Assistance for Needy Families Grant CFDA93.558
$768,167
$768,167
$768,167
TANF Transfers to Social Services Block Grant per 42 USC 604
$2,304,503
$2,304,503
$2,304,503
Federal Funds Not Itemized
$4,846,394
$4,846,394
$4,846,394
Total Public Funds:
$9,101,010
$9,101,010
$9,101,010
172.3 Transfer funds from the Governor's Office for Children and Families to the Department of Human Services Child Abuse and
Neglect Prevention program for abstinence education activities. (H and S:NO; Eliminate funds for the health survey program)
State General Funds
$515,567
$0
$0
Federal Funds Not Itemized
$63,738
$0
$0
Total Public Funds:
$579,305
$0
$0
2988
JOURNAL OF THE HOUSE
172.4 Transfer funds from the Governor's Office for Children and Families to the Department of Human Services Child Abuse and
Neglect Prevention program for Georgia After School and Youth Development Conference and Quality Standards activities.
State General Funds
$92,500
$92,500
$92,500
172.99 SAC: The purpose of this appropriation is to promote child abuse and neglect prevention programs and support child victims
of abuse.
House: The purpose of this appropriation is to promote child abuse and neglect prevention programs and support child victims of
abuse.
Governor: The purpose of this appropriation is to promote child abuse and neglect prevention programs and support child victims of
abuse.
State General Funds
$0
$0
$0
172.100 -Child Abuse and Neglect Prevention
Appropriation (HB 76)
The purpose of this appropriation is to promote child abuse and neglect prevention programs and support child victims of abuse.
TOTAL STATE FUNDS
$1,790,600
$1,275,033
$1,275,033
State General Funds
$1,790,600
$1,275,033
$1,275,033
TOTAL FEDERAL FUNDS
$7,982,802
$7,919,064
$7,919,064
Federal Funds Not Itemized
$4,910,132
$4,846,394
$4,846,394
Temporary Assistance for Needy Families
$3,072,670
$3,072,670
$3,072,670
Temporary Assistance for Needy Families Grant CFDA93.558
$768,167
$768,167
$768,167
TANF Transfers to Social Services Block Grant per 42 USC 604
$2,304,503
$2,304,503
$2,304,503
TOTAL PUBLIC FUNDS
$9,773,402
$9,194,097
$9,194,097
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 FFIND Child Care and Development Block Grant CFDA93.575
TOTAL PUBLIC FUNDS
$0 $0 $9,777,346 $9,777,346 $9,777,346
$0 $0 $9,777,346 $9,777,346 $9,777,346
$0 $0 $9,777,346 $9,777,346 $9,777,346
MONDAY, MARCH 23, 2015
2989
173.100 -Child Care Services
Appropriation (HB 76)
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 FFIND Child Care and Development Block Grant CFDA93.575
TOTAL PUBLIC FUNDS
$9,777,346 $9,777,346 $9,777,346
$9,777,346 $9,777,346 $9,777,346
$9,777,346 $9,777,346 $9,777,346
Child Support Services
Continuation Budget
The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support.
TOTAL STATE FUNDS State General Funds
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
$28,323,847 $28,323,847 $76,405,754 $76,285,754
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $107,966,861
$28,323,847 $28,323,847 $76,405,754 $76,285,754
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $107,966,861
$28,323,847 $28,323,847 $76,405,754 $76,285,754
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $107,966,861
174.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$333,177
$333,177
$333,177
174.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$148,914
$148,914
$148,914
174.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$13,107
$13,107
$13,107
2990
JOURNAL OF THE HOUSE
174.100 -Child Support Services
Appropriation (HB 76)
The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support.
TOTAL STATE FUNDS
$28,819,045 $28,819,045 $28,819,045
State General Funds
$28,819,045 $28,819,045 $28,819,045
TOTAL FEDERAL FUNDS
$76,405,754 $76,405,754 $76,405,754
Federal Funds Not Itemized
$76,285,754 $76,285,754 $76,285,754
Social Services Block Grant CFDA93.667
$120,000
$120,000
$120,000
TOTAL AGENCY FUNDS
$2,841,500
$2,841,500
$2,841,500
Sales and Services
$2,841,500
$2,841,500
$2,841,500
Sales and Services Not Itemized
$2,841,500
$2,841,500
$2,841,500
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$395,760
$395,760
$395,760
State Funds Transfers
$395,760
$395,760
$395,760
Agency to Agency Contracts
$395,760
$395,760
$395,760
TOTAL PUBLIC FUNDS
$108,462,059 $108,462,059 $108,462,059
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 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 TANF Transfers to Social Services Block Grant per 42 USC 604
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
$113,614,101 $113,614,101 $156,184,634 $27,943,131
$22,498 $200,835 $28,224,544 $154,157 $2,846,970 $96,792,499 $91,542,499 $5,250,000 $112,489 $112,489
$113,614,101 $113,614,101 $156,184,634 $27,943,131
$22,498 $200,835 $28,224,544 $154,157 $2,846,970 $96,792,499 $91,542,499 $5,250,000 $112,489 $112,489
$113,614,101 $113,614,101 $156,184,634 $27,943,131
$22,498 $200,835 $28,224,544 $154,157 $2,846,970 $96,792,499 $91,542,499 $5,250,000 $112,489 $112,489
MONDAY, MARCH 23, 2015
2991
Agency to Agency Contracts TOTAL PUBLIC FUNDS
$112,489
$112,489
$112,489
$269,911,224 $269,911,224 $269,911,224
175.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$2,044,406
$2,044,406
$2,044,406
175.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$583,255
$583,255
$583,255
175.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$6,405
$6,405
$6,405
175.4 Increase funds to annualize the cost of the 103 FY2015 Child Protective Services caseworkers.
State General Funds
$4,977,117
$4,977,117
$4,977,117
Foster Care Title IV-E CFDA93.658
$1,244,279
$1,244,279
$1,244,279
Total Public Funds:
$6,221,396
$6,221,396
$6,221,396
175.5 Increase funds for personnel for 128 additional new Child Protective Services caseworkers and transfer funds from the
Federal Benefits Eligibility Services program to the Child Welfare Services program for 47 additional Child Protective Services
caseworkers.
State General Funds
$7,513,193
$7,513,193
$7,513,193
Foster Care Title IV-E CFDA93.658
$1,878,298
$1,878,298
$1,878,298
Total Public Funds:
$9,391,491
$9,391,491
$9,391,491
175.6 Transfer real estate savings from the Federal Benefits Eligibility Services program to the Child Welfare Services program for
Statewide Automated Child Welfare Information System (SHINES) maintenance.
State General Funds
$414,180
$414,180
$414,180
Foster Care Title IV-E CFDA93.658
$414,180
$414,180
$414,180
Total Public Funds:
$828,360
$828,360
$828,360
175.7 Increase funds to implement a supervisor mentor pilot program as recommended by the Child Welfare Reform Council.
State General Funds
$220,000
$220,000
$220,000
175.8 Increase funds to implement career ladders and performance-based increases for CPS caseworkers and supervisors as
recommended by the Child Welfare Reform Council.
State General Funds
$5,000,000
$5,000,000
$5,000,000
175.9 Increase funds for training to enhance CPS caseworker safety as recommended by the Child Welfare Reform Council.
State General Funds
$620,000
$620,000
$620,000
2992
JOURNAL OF THE HOUSE
175.10 Increase funds for mobile technologies to support field knowledge and application of policy as recommended by the Child
Welfare Reform Council.
State General Funds
$1,033,000
$1,033,000
$1,033,000
175.11 Increase funds to improve recruitment and training of foster parents as recommended by the Child Welfare Reform Council.
State General Funds
$5,833,000
$5,833,000
$5,833,000
175.12 Increase funds for the Court Appointed Special Advocates (CASA) program for building capacity ($70,000) and annualize
funds for criminal background investigations ($50,000). (S:Increase funds for the Court Appointed Special Advocates (CASA)
program for building capacity ($70,000) and annualize funds for criminal background investigations ($20,000))
State General Funds
$120,000
$90,000
175.100 -Child Welfare Services
Appropriation (HB 76)
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
$141,858,657 $141,978,657 $141,948,657
State General Funds
$141,858,657 $141,978,657 $141,948,657
TOTAL FEDERAL FUNDS
$159,721,391 $159,721,391 $159,721,391
Federal Funds Not Itemized
$27,943,131 $27,943,131 $27,943,131
CCDF Mandatory & Matching Funds CFDA93.596
$22,498
$22,498
$22,498
FFIND CCDF Mandatory & Matching Funds CFDA93.596
$200,835
$200,835
$200,835
Foster Care Title IV-E CFDA93.658
$31,761,301 $31,761,301 $31,761,301
Medical Assistance Program CFDA93.778
$154,157
$154,157
$154,157
Social Services Block Grant CFDA93.667
$2,846,970
$2,846,970
$2,846,970
Temporary Assistance for Needy Families
$96,792,499 $96,792,499 $96,792,499
Temporary Assistance for Needy Families Grant CFDA93.558
$91,542,499 $91,542,499 $91,542,499
TANF Transfers to Social Services Block Grant per 42 USC 604
$5,250,000
$5,250,000
$5,250,000
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
$301,692,537 $301,812,537 $301,782,537
Child Welfare Services - Special Project
Continuation Budget
The purpose of this appropriation is to promote child abuse and neglect prevention programs and support child victims of abuse.
MONDAY, MARCH 23, 2015
2993
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 TANF Transfers to Social Services Block Grant per 42 USC 604
TOTAL PUBLIC FUNDS
$1,181,946 $1,181,946 $7,919,064 $4,846,394 $3,072,670
$768,167 $2,304,503 $9,101,010
$1,181,946 $1,181,946 $7,919,064 $4,846,394 $3,072,670
$768,167 $2,304,503 $9,101,010
$1,181,946 $1,181,946 $7,919,064 $4,846,394 $3,072,670
$768,167 $2,304,503 $9,101,010
176.1 Transfer funds and six positions from the Child Welfare Services - Special Project program to the Child Abuse and Neglect
Prevention program for child abuse and neglect prevention and home visiting activities.
State General Funds
($1,181,946) ($1,181,946) ($1,181,946)
Temporary Assistance for Needy Families Grant CFDA93.558
($768,167)
($768,167)
($768,167)
TANF Transfers to Social Services Block Grant per 42 USC 604
($2,304,503) ($2,304,503) ($2,304,503)
Federal Funds Not Itemized
($4,846,394) ($4,846,394) ($4,846,394)
Total Public Funds:
($9,101,010) ($9,101,010) ($9,101,010)
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 $16,110,137 $16,110,137 $16,110,137
$0 $0 $16,110,137 $16,110,137 $16,110,137
$0 $0 $16,110,137 $16,110,137 $16,110,137
177.100-Community Services
Appropriation (HB 76)
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
$16,110,137 $16,110,137 $16,110,137
2994
JOURNAL OF THE HOUSE
Community Services Block Grant CFDA93.569 TOTAL PUBLIC FUNDS
$16,110,137 $16,110,137
$16,110,137 $16,110,137
$16,110,137 $16,110,137
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 Federal Funds Not Itemized FFIND 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
$34,484,962 $34,484,962 $51,913,384 $27,835,415
$965,245 $209,161 $243,158 $3,870,198 $258,779 $3,726,454 $2,539,375 $12,265,599 $12,265,599 $13,260,955 $13,260,955 $13,260,955 $99,659,301
$34,484,962 $34,484,962 $51,913,384 $27,835,415
$965,245 $209,161 $243,158 $3,870,198 $258,779 $3,726,454 $2,539,375 $12,265,599 $12,265,599 $13,260,955 $13,260,955 $13,260,955 $99,659,301
$34,484,962 $34,484,962 $51,913,384 $27,835,415
$965,245 $209,161 $243,158 $3,870,198 $258,779 $3,726,454 $2,539,375 $12,265,599 $12,265,599 $13,260,955 $13,260,955 $13,260,955 $99,659,301
178.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$678,740
$678,740
$678,740
178.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$278,664
$278,664
$278,664
178.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$27,706
$27,706
$27,706
MONDAY, MARCH 23, 2015
2995
178.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$84,622
$84,622
$84,622
178.5 Increase funds to replace the loss of federal funds resulting from changes to the statewide cost allocation methodology for
payments for state administrative hearings.
State General Funds
$613,593
$613,593
$0
178.100-Departmental Administration
Appropriation (HB 76)
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
$36,168,287 $36,168,287 $35,554,694
State General Funds
$36,168,287 $36,168,287 $35,554,694
TOTAL FEDERAL FUNDS
$51,913,384 $51,913,384 $51,913,384
Federal Funds Not Itemized
$27,835,415 $27,835,415 $27,835,415
FFIND CCDF Mandatory & Matching Funds CFDA93.596
$965,245
$965,245
$965,245
Child Care & Development Block Grant CFDA93.575
$209,161
$209,161
$209,161
Community Services Block Grant CFDA93.569
$243,158
$243,158
$243,158
Foster Care Title IV-E CFDA93.658
$3,870,198
$3,870,198
$3,870,198
Low-Income Home Energy Assistance CFDA93.568
$258,779
$258,779
$258,779
Medical Assistance Program CFDA93.778
$3,726,454
$3,726,454
$3,726,454
Social Services Block Grant CFDA93.667
$2,539,375
$2,539,375
$2,539,375
Temporary Assistance for Needy Families
$12,265,599 $12,265,599 $12,265,599
Temporary Assistance for Needy Families Grant CFDA93.558
$12,265,599 $12,265,599 $12,265,599
TOTAL AGENCY FUNDS
$13,260,955 $13,260,955 $13,260,955
Sales and Services
$13,260,955 $13,260,955 $13,260,955
Sales and Services Not Itemized
$13,260,955 $13,260,955 $13,260,955
TOTAL PUBLIC FUNDS
$101,342,626 $101,342,626 $100,729,033
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
$15,499,746 $15,499,746
$15,499,746 $15,499,746
$15,499,746 $15,499,746
2996
JOURNAL OF THE HOUSE
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667
TOTAL PUBLIC FUNDS
$3,573,433 $793,894 $500,000
$2,279,539 $19,073,179
$3,573,433 $793,894 $500,000
$2,279,539 $19,073,179
$3,573,433 $793,894 $500,000
$2,279,539 $19,073,179
179.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$233,286
$233,286
$233,286
179.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$101,285
$101,285
$101,285
179.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$9,523
$9,523
$9,523
179.4 Increase funds for personnel for 11 additional Adult Protective Services caseworkers.
State General Funds
$693,333
$693,333
$693,333
179.5 Increase funds for technology needs and federally required volunteer training in local programs.
State General Funds
$126,904
$126,904
179.100 -Elder Abuse Investigations and Prevention
Appropriation (HB 76)
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
$16,537,173 $16,664,077 $16,664,077
State General Funds
$16,537,173 $16,664,077 $16,664,077
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
$20,110,606 $20,237,510 $20,237,510
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.
MONDAY, MARCH 23, 2015
2997
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667
TOTAL PUBLIC FUNDS
$70,285,342 $64,093,536
$6,191,806 $41,416,802 $23,890,113 $13,765,259
$3,761,430 $111,702,144
$70,285,342 $64,093,536
$6,191,806 $41,416,802 $23,890,113 $13,765,259
$3,761,430 $111,702,144
$70,285,342 $64,093,536
$6,191,806 $41,416,802 $23,890,113 $13,765,259
$3,761,430 $111,702,144
180.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$13,037
$13,037
$13,037
180.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$4,999
$4,999
$4,999
180.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$532
$532
$532
180.4 Reduce funds to reflect savings from an increase in the Federal Medical Assistance Percentage (FMAP) rate from 66.69% to
67.40%.
State General Funds
($1,039,827) ($1,039,827) ($1,039,827)
180.5 Reduce administrative costs for the 12 Area Agencies on Aging (AAA) and utilize savings to provide additional services to
consumers. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
180.6 Increase funds for Home and Community Based Services (HCBS).
State General Funds
$1,500,000
$1,884,000
180.7 Increase funds for personnel for one coordinator position to manage the Alzheimer's and Related Dementias State Plan
pursuant to SB14 (2013 session).
State General Funds
$107,594
$107,594
180.100-Elder Community Living Services
Appropriation (HB 76)
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
$69,264,083 $70,871,677 $71,255,677
State General Funds
$63,072,277 $64,679,871 $65,063,871
2998
JOURNAL OF THE HOUSE
Tobacco Settlement Funds TOTAL FEDERAL FUNDS
Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS
$6,191,806 $41,416,802 $23,890,113 $13,765,259
$3,761,430 $110,680,885
$6,191,806 $41,416,802 $23,890,113 $13,765,259
$3,761,430 $112,288,479
$6,191,806 $41,416,802 $23,890,113 $13,765,259
$3,761,430 $112,672,479
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
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Social Services Block Grant CFDA93.667
TOTAL PUBLIC FUNDS
$3,615,507 $3,615,507 $6,616,268 $5,866,268
$750,000 $10,231,775
$3,615,507 $3,615,507 $6,616,268 $5,866,268
$750,000 $10,231,775
$3,615,507 $3,615,507 $6,616,268 $5,866,268
$750,000 $10,231,775
181.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$8,862
$8,862
$8,862
181.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$3,807
$3,807
$3,807
181.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$362
$362
$362
181.100 -Elder Support Services
Appropriation (HB 76)
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
$3,628,538
$3,628,538
$3,628,538
State General Funds
$3,628,538
$3,628,538
$3,628,538
TOTAL FEDERAL FUNDS
$6,616,268
$6,616,268
$6,616,268
Federal Funds Not Itemized
$5,866,268
$5,866,268
$5,866,268
MONDAY, MARCH 23, 2015
2999
Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS
$750,000 $10,244,806
$750,000 $10,244,806
$750,000 $10,244,806
Energy Assistance
Continuation Budget
The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Low-Income Home Energy Assistance CFDA93.568
TOTAL PUBLIC FUNDS
$0 $0 $55,320,027 $55,320,027 $55,320,027
$0 $0 $55,320,027 $55,320,027 $55,320,027
$0 $0 $55,320,027 $55,320,027 $55,320,027
182.100 -Energy Assistance
Appropriation (HB 76)
The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs.
TOTAL FEDERAL FUNDS Low-Income Home Energy Assistance CFDA93.568
TOTAL PUBLIC FUNDS
$55,320,027 $55,320,027 $55,320,027
$55,320,027 $55,320,027 $55,320,027
$55,320,027 $55,320,027 $55,320,027
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 PUBLIC FUNDS
$11,802,450 $11,802,450 $11,802,450
$11,802,450 $11,802,450 $11,802,450
$11,802,450 $11,802,450 $11,802,450
183.1 Transfer funds from the Department of Human Services Family Violence Services program to the Criminal Justice
Coordinating Council: Family Violence program to align administration of Family Violence activities.
State General Funds
($11,802,450) ($11,802,450) ($11,802,450)
3000
JOURNAL OF THE HOUSE
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 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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS
$106,707,981 $106,707,981 $177,263,164 $88,457,286
$822,427 $173,404 $4,168,845 $288,068 $60,139,396 $23,213,738 $23,213,738 $283,971,145
$106,707,981 $106,707,981 $177,263,164 $88,457,286
$822,427 $173,404 $4,168,845 $288,068 $60,139,396 $23,213,738 $23,213,738 $283,971,145
$106,707,981 $106,707,981 $177,263,164 $88,457,286
$822,427 $173,404 $4,168,845 $288,068 $60,139,396 $23,213,738 $23,213,738 $283,971,145
184.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$2,270,185
$2,270,185
$2,270,185
184.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$640,844
$640,844
$640,844
184.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$1,857
$1,857
$1,857
184.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$20,199
$20,199
$20,199
184.5 Reduce funds in contracts and transfer savings from the Federal Eligibility Benefit Services program to the Child Welfare
Services program for 47 additional Child Protective Services caseworkers.
State General Funds
($2,000,000) ($2,000,000) ($2,000,000)
184.6 Reduce funds to reflect real estate savings from the Houston County Division of Children and Family Services building
acquisition and transfer savings to the Child Welfare Services program for Statewide Automated Child Welfare Information System
(SHINES) maintenance.
State General Funds
($414,180)
($414,180)
($414,180)
MONDAY, MARCH 23, 2015
3001
184.100 -Federal Eligibility Benefit Services
Appropriation (HB 76)
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
$107,226,886 $107,226,886 $107,226,886
State General Funds
$107,226,886 $107,226,886 $107,226,886
TOTAL FEDERAL FUNDS
$177,263,164 $177,263,164 $177,263,164
Federal Funds Not Itemized
$88,457,286 $88,457,286 $88,457,286
FFIND Child Care and Development Block Grant CFDA93.575
$822,427
$822,427
$822,427
Community Services Block Grant CFDA93.569
$173,404
$173,404
$173,404
Foster Care Title IV-E CFDA93.658
$4,168,845
$4,168,845
$4,168,845
Low-Income Home Energy Assistance CFDA93.568
$288,068
$288,068
$288,068
Medical Assistance Program CFDA93.778
$60,139,396 $60,139,396 $60,139,396
Temporary Assistance for Needy Families
$23,213,738 $23,213,738 $23,213,738
Temporary Assistance for Needy Families Grant CFDA93.558
$23,213,738 $23,213,738 $23,213,738
TOTAL PUBLIC FUNDS
$284,490,050 $284,490,050 $284,490,050
Federal Fund Transfers to Other Agencies
Continuation Budget
The purpose of this appropriation is to reflect federal funds received by 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 $63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072
$0 $0 $63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072
$0 $0 $63,974,072 $40,481,142 $23,492,930 $23,492,930 $63,974,072
185.100-Federal Fund Transfers to Other Agencies
Appropriation (HB 76)
The purpose of this appropriation is to reflect federal funds received by Department of Human Services to be transferred to other
agencies for eligible expenditures under federal law.
TOTAL FEDERAL FUNDS
$63,974,072 $63,974,072 $63,974,072
3002
JOURNAL OF THE HOUSE
Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS
$40,481,142 $23,492,930 $23,492,930 $63,974,072
$40,481,142 $23,492,930 $23,492,930 $63,974,072
$40,481,142 $23,492,930 $23,492,930 $63,974,072
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
$72,281,117 $72,281,117 $137,852,347
$164,819 $39,497,276 $98,190,252 $98,190,252 $210,133,464
$72,281,117 $72,281,117 $137,852,347
$164,819 $39,497,276 $98,190,252 $98,190,252 $210,133,464
$72,281,117 $72,281,117 $137,852,347
$164,819 $39,497,276 $98,190,252 $98,190,252 $210,133,464
186.1 Increase funds for growth in Out-Of-Home Care utilization.
State General Funds
$9,812,147
$9,812,147
$9,812,147
Foster Care Title IV-E CFDA93.658
$5,218,767
$5,218,767
$5,218,767
Total Public Funds:
$15,030,914 $15,030,914 $15,030,914
186.2 Reduce funds to reflect savings from an increase in the Federal Medical Assistance Percentage (FMAP) rate from 66.69% to
67.40%.
State General Funds
($405,346)
($405,346)
($405,346)
Foster Care Title IV-E CFDA93.658
$405,346
$405,346
$405,346
Total Public Funds:
$0
$0
$0
186.100 -Out-of-Home Care
Appropriation (HB 76)
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
$81,687,918 $81,687,918 $81,687,918
State General Funds
$81,687,918 $81,687,918 $81,687,918
MONDAY, MARCH 23, 2015
3003
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
$143,476,460 $164,819
$45,121,389 $98,190,252 $98,190,252 $225,164,378
$143,476,460 $164,819
$45,121,389 $98,190,252 $98,190,252 $225,164,378
$143,476,460 $164,819
$45,121,389 $98,190,252 $98,190,252 $225,164,378
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 $9,303,613 $9,303,613 $9,303,613
$0 $0 $9,303,613 $9,303,613 $9,303,613
$0 $0 $9,303,613 $9,303,613 $9,303,613
187.100 -Refugee Assistance
Appropriation (HB 76)
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
$9,303,613 $9,303,613 $9,303,613
$9,303,613 $9,303,613 $9,303,613
$9,303,613 $9,303,613 $9,303,613
Residential 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
$1,589,350 $1,589,350
$619,263
$1,589,350 $1,589,350
$619,263
$1,589,350 $1,589,350
$619,263
3004
JOURNAL OF THE HOUSE
Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS
$619,263 $2,208,613
$619,263 $2,208,613
$619,263 $2,208,613
188.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$32,610
$32,610
$32,610
188.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$14,749
$14,749
$14,749
188.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$1,331
$1,331
$1,331
188.98 Change the name of the Child Care Licensing program to Residential Child Care Licensing. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
188.100 -Residential Child Care Licensing
Appropriation (HB 76)
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
$1,638,040
$1,638,040
$1,638,040
State General Funds
$1,638,040
$1,638,040
$1,638,040
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
$2,257,303
$2,257,303
$2,257,303
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
TOTAL PUBLIC FUNDS
$100,000 $100,000 $48,306,610 $48,306,610 $48,306,610 $48,406,610
$100,000 $100,000 $48,306,610 $48,306,610 $48,306,610 $48,406,610
$100,000 $100,000 $48,306,610 $48,306,610 $48,306,610 $48,406,610
MONDAY, MARCH 23, 2015
3005
189.100 -Support for Needy Families - Basic Assistance
Appropriation (HB 76)
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
$48,306,610 $48,306,610 $48,306,610
Temporary Assistance for Needy Families
$48,306,610 $48,306,610 $48,306,610
Temporary Assistance for Needy Families Grant CFDA93.558
$48,306,610 $48,306,610 $48,306,610
TOTAL PUBLIC FUNDS
$48,406,610 $48,406,610 $48,406,610
Support for Needy Families - Work Assistance
Continuation Budget
The purpose of this appropriation is to assist needy Georgian families in achieving self-sufficiency by obtaining and keeping
employment as well as complying with Georgia's state plan for the federal Temporary Assistance for Needy Families program.
TOTAL 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 $18,547,617 $77,414 $18,470,203 $18,470,203 $18,547,617
$0 $0 $18,547,617 $77,414 $18,470,203 $18,470,203 $18,547,617
$0 $0 $18,547,617 $77,414 $18,470,203 $18,470,203 $18,547,617
190.100-Support for Needy Families - Work Assistance
Appropriation (HB 76)
The purpose of this appropriation is to assist needy Georgian families in achieving self-sufficiency by obtaining and keeping
employment as well as complying with Georgia's state plan for the federal Temporary Assistance for Needy Families program.
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS
$18,547,617 $77,414
$18,470,203 $18,470,203 $18,547,617
$18,547,617 $77,414
$18,470,203 $18,470,203 $18,547,617
$18,547,617 $77,414
$18,470,203 $18,470,203 $18,547,617
3006
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
$227,322 $227,322 $227,322
$227,322 $227,322 $227,322
$227,322 $227,322 $227,322
191.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$2,977
$2,977
$2,977
191.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$2,310
$2,310
$2,310
191.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$122
$122
$122
191.100 -Council On Aging
Appropriation (HB 76)
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
$232,731
$232,731
$232,731
State General Funds
$232,731
$232,731
$232,731
TOTAL PUBLIC FUNDS
$232,731
$232,731
$232,731
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
$8,505,148 $8,505,148 $1,172,819 $1,172,819 $9,677,967
$8,505,148 $8,505,148 $1,172,819 $1,172,819 $9,677,967
$8,505,148 $8,505,148 $1,172,819 $1,172,819 $9,677,967
MONDAY, MARCH 23, 2015
3007
192.1 Increase funds to raise county allocations from $45,000 to $46,000. State General Funds
$159,000
$159,000
192.100-Family Connection
Appropriation (HB 76)
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
$8,664,148
$8,664,148
State General Funds
$8,505,148
$8,664,148
$8,664,148
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
$9,836,967
$9,836,967
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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Indirect FFIND Community Services Block Grant CFDA93.569
TOTAL PUBLIC FUNDS
$277,214 $277,214 $696,740 $696,740 $2,259,236
$36,000 $36,000 $2,223,236 $2,223,236 $3,233,190
$277,214 $277,214 $696,740 $696,740 $2,259,236
$36,000 $36,000 $2,223,236 $2,223,236 $3,233,190
$277,214 $277,214 $696,740 $696,740 $2,259,236
$36,000 $36,000 $2,223,236 $2,223,236 $3,233,190
193.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$3,901
$3,901
$3,901
193.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$1,686
$1,686
$1,686
3008
JOURNAL OF THE HOUSE
193.100 -Georgia Vocational Rehabilitation Agency: Business Enterprise Program
Appropriation (HB 76)
The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy.
TOTAL STATE FUNDS
$282,801
$282,801
$282,801
State General Funds
$282,801
$282,801
$282,801
TOTAL FEDERAL FUNDS
$696,740
$696,740
$696,740
Federal Funds Not Itemized
$696,740
$696,740
$696,740
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$2,259,236
$2,259,236
$2,259,236
State Funds Transfers
$36,000
$36,000
$36,000
Agency to Agency Contracts
$36,000
$36,000
$36,000
Federal Funds Indirect
$2,223,236
$2,223,236
$2,223,236
FFIND Community Services Block Grant CFDA93.569
$2,223,236
$2,223,236
$2,223,236
TOTAL PUBLIC FUNDS
$3,238,777
$3,238,777
$3,238,777
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
$1,426,742 $1,426,742 $6,526,132 $6,526,132 $7,952,874
$1,426,742 $1,426,742 $6,526,132 $6,526,132 $7,952,874
$1,426,742 $1,426,742 $6,526,132 $6,526,132 $7,952,874
194.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$78,130
$78,130
$78,130
194.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$28,596
$28,596
$28,596
194.3 Transfer funds from the Georgia Vocational Rehabilitation Agency: Departmental Administration program to the Georgia
Vocational Rehabilitation Agency: Vocational Rehabilitation program to provide additional services to consumers.
State General Funds
($71,809)
($71,809)
($71,809)
MONDAY, MARCH 23, 2015
3009
194.100 -Georgia Vocational Rehabilitation Agency: Departmental Administration
Appropriation (HB 76)
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
$1,461,659
$1,461,659
$1,461,659
State General Funds
$1,461,659
$1,461,659
$1,461,659
TOTAL FEDERAL FUNDS
$6,526,132
$6,526,132
$6,526,132
Federal Funds Not Itemized
$6,526,132
$6,526,132
$6,526,132
TOTAL PUBLIC FUNDS
$7,987,791
$7,987,791
$7,987,791
Georgia Vocational Rehabilitation Agency: Disability Adjudication Services
Continuation Budget
The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens
can obtain support.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$0 $0 $70,333,617 $70,333,617 $70,333,617
$0 $0 $70,333,617 $70,333,617 $70,333,617
$0 $0 $70,333,617 $70,333,617 $70,333,617
195.100-Georgia Vocational Rehabilitation Agency: Disability Adjudication Services
Appropriation (HB 76)
The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens
can obtain support.
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$70,333,617 $70,333,617 $70,333,617
$70,333,617 $70,333,617 $70,333,617
$70,333,617 $70,333,617 $70,333,617
3010
JOURNAL OF THE HOUSE
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 $9,507,334 $465,286 $465,286 $9,042,048 $9,042,048 $9,507,334
$0 $0 $9,507,334 $465,286 $465,286 $9,042,048 $9,042,048 $9,507,334
$0 $0 $9,507,334 $465,286 $465,286 $9,042,048 $9,042,048 $9,507,334
196.100-Georgia Vocational Rehabilitation Agency: Georgia Industries for the Blind
Appropriation (HB 76)
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
$9,507,334 $465,286 $465,286
$9,042,048 $9,042,048 $9,507,334
$9,507,334 $465,286 $465,286
$9,042,048 $9,042,048 $9,507,334
$9,507,334 $465,286 $465,286
$9,042,048 $9,042,048 $9,507,334
Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation Program
Continuation Budget
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
$17,806,918 $17,806,918 $70,804,214
$17,806,918 $17,806,918 $70,804,214
$17,806,918 $17,806,918 $70,804,214
MONDAY, MARCH 23, 2015
3011
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
$70,804,214 $4,360,000 $4,360,000 $4,360,000 $800,000 $800,000 $800,000
$93,771,132
$70,804,214 $4,360,000 $4,360,000 $4,360,000 $800,000 $800,000 $800,000
$93,771,132
$70,804,214 $4,360,000 $4,360,000 $4,360,000 $800,000 $800,000 $800,000
$93,771,132
197.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$232,009
$232,009
$232,009
197.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$220,312
$220,312
$220,312
197.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$2,178
$2,178
$2,178
197.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$5,687
$5,687
$5,687
197.5 Increase funds for telecommunications.
State General Funds
$52,592
$52,592
$52,592
197.6 Transfer funds from the Georgia Vocational Rehabilitation Agency: Departmental Administration program to the Georgia
Vocational Rehabilitation Agency: Vocational Rehabilitation program to provide additional services to consumers.
State General Funds
$71,809
$71,809
$71,809
197.7 Increase funds to assist training and employment support for Georgians with disabilities.
State General Funds
$900,000
$900,000
Federal Funds Not Itemized
$3,600,000
$3,600,000
Total Public Funds:
$4,500,000
$4,500,000
197.8 Reduce funds for one-time funding for Friends of Disabled Adults and Children (FODAC) for equipment.
State General Funds
($30,000)
$0
197.100-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 76)
3012
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
$18,391,505 $18,391,505 $70,804,214 $70,804,214
$4,360,000 $4,360,000 $4,360,000
$800,000 $800,000 $800,000 $94,355,719
$19,261,505 $19,261,505 $74,404,214 $74,404,214
$4,360,000 $4,360,000 $4,360,000
$800,000 $800,000 $800,000 $98,825,719
$19,291,505 $19,291,505 $74,404,214 $74,404,214
$4,360,000 $4,360,000 $4,360,000
$800,000 $800,000 $800,000 $98,855,719
Georgia Vocational Rehabilitation Agency: Roosevelt Warm Springs Medical Hospital
Continuation Budget
The purpose of this appropriation is to provide rehabilitative and medical care for individuals to return to the most independent
lifestyle possible.
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$2,069,043 $2,069,043 $18,519,922 $18,519,922 $18,519,922 $20,588,965
$2,069,043 $2,069,043 $18,519,922 $18,519,922 $18,519,922 $20,588,965
$2,069,043 $2,069,043 $18,519,922 $18,519,922 $18,519,922 $20,588,965
198.100-Georgia Vocational Rehabilitation Agency: Roosevelt Warm Springs Medical Hospital
Appropriation (HB 76)
The purpose of this appropriation is to provide rehabilitative and medical care for individuals to return to the most independent
lifestyle possible.
TOTAL STATE FUNDS
$2,069,043
$2,069,043
$2,069,043
State General Funds
$2,069,043
$2,069,043
$2,069,043
TOTAL AGENCY FUNDS
$18,519,922 $18,519,922 $18,519,922
Sales and Services
$18,519,922 $18,519,922 $18,519,922
MONDAY, MARCH 23, 2015
3013
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$18,519,922 $20,588,965
$18,519,922 $20,588,965
$18,519,922 $20,588,965
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
Section Total - Continuation
$19,839,192 $19,839,192
$19,839,192 $19,839,192
$726,955
$726,955
$726,955
$726,955
$5,000
$5,000
$5,000
$5,000
$5,000
$5,000
$334,026
$334,026
$334,026
$334,026
$19,839,192 $19,839,192
$726,955 $726,955
$5,000 $5,000 $5,000 $334,026 $334,026
3014
JOURNAL OF THE HOUSE
Agency to Agency Contracts TOTAL PUBLIC FUNDS
$334,026 $20,905,173
$334,026 $20,905,173
$334,026 $20,905,173
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
$19,992,187 $19,992,187
$1,035,108 $1,035,108
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $21,366,321
$19,992,187 $19,992,187
$1,035,108 $1,035,108
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $21,366,321
$19,842,187 $19,842,187
$1,035,108 $1,035,108
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $21,216,321
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
$1,812,192 $1,812,192 $1,812,192
$1,812,192 $1,812,192 $1,812,192
$1,812,192 $1,812,192 $1,812,192
199.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$33,932
$33,932
$33,932
199.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$12,554
$12,554
$12,554
199.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$4,205
$4,205
$4,205
199.4 Reduce funds to reflect an adjustment in Teamworks billings.
State General Funds
($552)
($552)
($552)
MONDAY, MARCH 23, 2015
3015
199.100-Departmental Administration
Appropriation (HB 76)
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
$1,862,331
$1,862,331
$1,862,331
State General Funds
$1,862,331
$1,862,331
$1,862,331
TOTAL PUBLIC FUNDS
$1,862,331
$1,862,331
$1,862,331
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
$774,303 $774,303 $774,303
$774,303 $774,303 $774,303
$774,303 $774,303 $774,303
200.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$8,759
$8,759
$8,759
200.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$5,284
$5,284
$5,284
200.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$1,085
$1,085
$1,085
200.100 -Enforcement
Appropriation (HB 76)
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
$789,431
$789,431
$789,431
State General Funds
$789,431
$789,431
$789,431
TOTAL PUBLIC FUNDS
$789,431
$789,431
$789,431
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
3016
JOURNAL OF THE HOUSE
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
$7,089,780 $7,089,780
$720,479 $720,479
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $8,149,285
$7,089,780 $7,089,780
$720,479 $720,479
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $8,149,285
$7,089,780 $7,089,780
$720,479 $720,479
$5,000 $5,000 $5,000 $334,026 $334,026 $334,026 $8,149,285
201.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$95,618
$95,618
$95,618
201.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$48,167
$48,167
$48,167
201.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$11,848
$11,848
$11,848
201.4 Replace funds for manufactured housing inspections and regulatory activities.
State General Funds
($308,153)
($308,153)
($308,153)
Federal Funds Not Itemized
$308,153
$308,153
$308,153
Total Public Funds:
$0
$0
$0
201.5 Reduce funds for motor vehicle purchases.
State General Funds
($42,716)
201.100-Fire Safety
Appropriation (HB 76)
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
MONDAY, MARCH 23, 2015
3017
rules for public buildings and manufactured housing, and regulating the storage, transportation, and handling of hazardous
materials.
TOTAL STATE FUNDS
$6,937,260
$6,937,260
$6,894,544
State General Funds
$6,937,260
$6,937,260
$6,894,544
TOTAL FEDERAL FUNDS
$1,028,632
$1,028,632
$1,028,632
Federal Funds Not Itemized
$1,028,632
$1,028,632
$1,028,632
TOTAL AGENCY FUNDS
$5,000
$5,000
$5,000
Sales and Services
$5,000
$5,000
$5,000
Sales and Services Not Itemized
$5,000
$5,000
$5,000
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$334,026
$334,026
$334,026
State Funds Transfers
$334,026
$334,026
$334,026
Agency to Agency Contracts
$334,026
$334,026
$334,026
TOTAL PUBLIC FUNDS
$8,304,918
$8,304,918
$8,262,202
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
$670,948 $670,948 $670,948
$670,948 $670,948 $670,948
$670,948 $670,948 $670,948
202.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$10,084
$10,084
$10,084
202.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$4,457
$4,457
$4,457
202.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$1,250
$1,250
$1,250
202.4 Reduce funds for motor vehicle purchases.
State General Funds
($18,527)
3018
JOURNAL OF THE HOUSE
202.100 -Industrial Loan
Appropriation (HB 76)
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
$686,739
$686,739
$668,212
State General Funds
$686,739
$686,739
$668,212
TOTAL PUBLIC FUNDS
$686,739
$686,739
$668,212
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 PUBLIC FUNDS
$5,277,604 $5,277,604 $5,277,604
$5,277,604 $5,277,604 $5,277,604
$5,277,604 $5,277,604 $5,277,604
203.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$141,314
$141,314
$141,314
203.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$65,633
$65,633
$65,633
203.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$17,510
$17,510
$17,510
203.4 Reduce funds for motor vehicle purchases.
State General Funds
($50,001)
203.5 Reduce funds for operations.
State General Funds
($38,756)
203.98 Transfer funds, 55 positions and five motor vehicles from the Special Fraud program to the Insurance Regulation program.
State General Funds
$4,214,365
$4,214,365
$4,214,365
Federal Funds Not Itemized
$6,476
$6,476
$6,476
Total Public Funds:
$4,220,841
$4,220,841
$4,220,841
MONDAY, MARCH 23, 2015
3019
203.100 -Insurance Regulation
Appropriation (HB 76)
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
$9,716,426
$9,716,426
$9,627,669
State General Funds
$9,716,426
$9,716,426
$9,627,669
TOTAL FEDERAL FUNDS
$6,476
$6,476
$6,476
Federal Funds Not Itemized
$6,476
$6,476
$6,476
TOTAL PUBLIC FUNDS
$9,722,902
$9,722,902
$9,634,145
Special Fraud
Continuation Budget
The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$4,214,365 $4,214,365
$6,476 $6,476 $4,220,841
$4,214,365 $4,214,365
$6,476 $6,476 $4,220,841
$4,214,365 $4,214,365
$6,476 $6,476 $4,220,841
204.98 Transfer funds, 55 positions, and five motor vehicles from the Special Fraud program to the Insurance Regulation program.
State General Funds
($4,214,365) ($4,214,365) ($4,214,365)
Federal Funds Not Itemized
($6,476)
($6,476)
($6,476)
Total Public Funds:
($4,220,841) ($4,220,841) ($4,220,841)
Section 29: Investigation, Georgia Bureau of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Temp. Assistance for Needy Families CFDA93.558
TOTAL AGENCY FUNDS
Section Total - Continuation
$99,943,154 $99,943,154
$99,943,154 $99,943,154
$30,583,872 $30,583,872
$29,592,192 $29,592,192
$991,680
$991,680
$23,088,236 $23,088,236
$99,943,154 $99,943,154 $30,583,872 $29,592,192
$991,680 $23,088,236
3020
JOURNAL OF THE HOUSE
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$23,088,236 $23,088,236 $153,615,262
$23,088,236 $23,088,236 $153,615,262
$23,088,236 $23,088,236 $153,615,262
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Temp. Assistance for Needy Families CFDA93.558
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$119,060,297 $119,060,297 $30,583,872 $29,592,192
$991,680 $23,088,236 $23,088,236 $23,088,236 $172,732,405
$120,695,059 $120,695,059 $30,583,872 $29,592,192
$991,680 $23,088,236 $23,088,236 $23,088,236 $174,367,167
$120,107,678 $120,107,678 $30,583,872 $29,592,192
$991,680 $23,088,236 $23,088,236 $23,088,236 $173,779,786
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
$7,683,937 $7,683,937
$12,600 $12,600 $7,696,537
$7,683,937 $7,683,937
$12,600 $12,600 $7,696,537
$7,683,937 $7,683,937
$12,600 $12,600 $7,696,537
205.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$58,996
$58,996
$58,996
205.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$30,604
$30,604
$30,604
205.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($739)
($739)
($739)
MONDAY, MARCH 23, 2015
3021
205.4 Increase funds to reflect an adjustment in Teamworks billings. State General Funds 205.5 Increase funds for telecommunications. State General Funds
$26,490 $92,330
$26,490 $92,330
$26,490 $92,330
205.100-Bureau Administration
Appropriation (HB 76)
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
$7,891,618
$7,891,618
$7,891,618
State General Funds
$7,891,618
$7,891,618
$7,891,618
TOTAL FEDERAL FUNDS
$12,600
$12,600
$12,600
Federal Funds Not Itemized
$12,600
$12,600
$12,600
TOTAL PUBLIC FUNDS
$7,904,218
$7,904,218
$7,904,218
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
$4,221,183 $4,221,183
$123,685 $123,685 $6,308,894 $6,308,894 $6,308,894 $10,653,762
$4,221,183 $4,221,183
$123,685 $123,685 $6,308,894 $6,308,894 $6,308,894 $10,653,762
$4,221,183 $4,221,183
$123,685 $123,685 $6,308,894 $6,308,894 $6,308,894 $10,653,762
206.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$53,422
$53,422
$53,422
206.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$24,223
$24,223
$24,223
3022
JOURNAL OF THE HOUSE
206.3 Increase funds for telecommunications. State General Funds
$93,936
$93,936
$93,936
206.100-Criminal Justice Information Services
Appropriation (HB 76)
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
$4,392,764
$4,392,764
$4,392,764
State General Funds
$4,392,764
$4,392,764
$4,392,764
TOTAL FEDERAL FUNDS
$123,685
$123,685
$123,685
Federal Funds Not Itemized
$123,685
$123,685
$123,685
TOTAL AGENCY FUNDS
$6,308,894
$6,308,894
$6,308,894
Sales and Services
$6,308,894
$6,308,894
$6,308,894
Sales and Services Not Itemized
$6,308,894
$6,308,894
$6,308,894
TOTAL PUBLIC FUNDS
$10,825,343 $10,825,343 $10,825,343
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
$31,759,867 $31,759,867
$66,131 $66,131 $157,865 $157,865 $157,865 $31,983,863
$31,759,867 $31,759,867
$66,131 $66,131 $157,865 $157,865 $157,865 $31,983,863
$31,759,867 $31,759,867
$66,131 $66,131 $157,865 $157,865 $157,865 $31,983,863
207.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$372,406
$372,406
$372,406
MONDAY, MARCH 23, 2015
3023
207.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$180,998
$180,998
$180,998
207.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($4,296)
($4,296)
($4,296)
207.4 Increase funds for telecommunications.
State General Funds
$100,272
$100,272
$100,272
207.5 Increase funds for personnel for retention and recruitment initiatives for Medical Examiner positions.
State General Funds
$480,084
$480,084
$480,084
207.100-Forensic Scientific Services
Appropriation (HB 76)
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
$32,889,331 $32,889,331 $32,889,331
State General Funds
$32,889,331 $32,889,331 $32,889,331
TOTAL FEDERAL FUNDS
$66,131
$66,131
$66,131
Federal Funds Not Itemized
$66,131
$66,131
$66,131
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
$33,113,327 $33,113,327 $33,113,327
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
$33,656,496 $33,656,496
$1,157,065
$33,656,496 $33,656,496
$1,157,065
$33,656,496 $33,656,496
$1,157,065
3024
JOURNAL OF THE HOUSE
Federal Funds Not Itemized TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$1,157,065 $71,199 $71,199 $71,199
$34,884,760
$1,157,065 $71,199 $71,199 $71,199
$34,884,760
$1,157,065 $71,199 $71,199 $71,199
$34,884,760
208.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$494,210
$494,210
$494,210
208.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$206,556
$206,556
$206,556
208.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($3,935)
($3,935)
($3,935)
208.4 Increase funds for telecommunications.
State General Funds
$96,186
$96,186
$96,186
208.5 Increase funds for personnel for eight agents to specialize in elder abuse cases. (S:Increase funds for personnel for four agents
to specialize in elder abuse cases)
State General Funds
$1,634,762
$817,381
208.100 -Regional Investigative Services
Appropriation (HB 76)
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
$34,449,513 $36,084,275 $35,266,894
State General Funds
$34,449,513 $36,084,275 $35,266,894
TOTAL FEDERAL FUNDS
$1,157,065
$1,157,065
$1,157,065
Federal Funds Not Itemized
$1,157,065
$1,157,065
$1,157,065
TOTAL AGENCY FUNDS
$71,199
$71,199
$71,199
Sales and Services
$71,199
$71,199
$71,199
Sales and Services Not Itemized
$71,199
$71,199
$71,199
TOTAL PUBLIC FUNDS
$35,677,777 $37,312,539 $36,495,158
MONDAY, MARCH 23, 2015
3025
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 FFIND Temp. Assistance for Needy Families CFDA93.558
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$22,621,671 $22,621,671 $29,224,391 $28,232,711
$991,680 $16,550,278 $16,550,278 $16,550,278 $68,396,340
$22,621,671 $22,621,671 $29,224,391 $28,232,711
$991,680 $16,550,278 $16,550,278 $16,550,278 $68,396,340
$22,621,671 $22,621,671 $29,224,391 $28,232,711
$991,680 $16,550,278 $16,550,278 $16,550,278 $68,396,340
209.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$11,390
$11,390
$11,390
209.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$5,022
$5,022
$5,022
209.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($3,462)
($3,462)
($3,462)
209.4 Increase funds for the Accountability Courts Granting Committee to expand and create adult felony drug courts.
State General Funds
$1,097,713
$1,097,713
$1,097,713
209.5 Increase funds for the Accountability Courts Granting Committee to expand and create mental health accountability courts.
State General Funds
$220,280
$220,280
$220,280
209.6 Increase funds for the Accountability Courts Granting Committee to expand existing courts and provide the state match to
implement and support new veterans' courts.
State General Funds
$593,018
$593,018
$593,018
209.7 Increase funds for the Accountability Courts Granting Committee to expand and create family dependent drug courts.
State General Funds
$215,975
$215,975
$215,975
209.8 Increase funds for the Accountability Courts Granting Committee to expand juvenile drug accountability courts.
State General Funds
$122,105
$122,105
$122,105
3026
JOURNAL OF THE HOUSE
209.9 Increase funds for the Accountability Courts Granting Committee to expand DUI accountability courts.
State General Funds
$199,094
$199,094
$199,094
209.10 Increase funds for the Accountability Courts Granting Committee to enter into an agreement with the Department of
Corrections to provide transportation services for offenders to attend prescribed treatment and court, and to expand and support
probation Day Reporting Centers.
State General Funds
$981,815
$981,815
$981,815
209.11 Increase funds for the Juvenile Justice Incentive Grant Program Funding Committee to expand the Juvenile Incentive Funding
Grant program to provide fiscal incentives to communities to create and utilize community based options for juvenile offenders.
State General Funds
$1,120,000
$1,120,000
$1,120,000
209.12 Increase funds for the Accountability Courts Funding Committee to enter into an agreement with the Department of
Behavioral Health and Developmental Disabilities to provide fidelity reviews on treatment providers, and for personnel for two
mental health liaison positions to coordinate treatment between the agency and the courts.
State General Funds
$450,000
$450,000
$450,000
209.100-Criminal Justice Coordinating Council
Appropriation (HB 76)
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
$27,634,621 $27,634,621 $27,634,621
State General Funds
$27,634,621 $27,634,621 $27,634,621
TOTAL FEDERAL FUNDS
$29,224,391 $29,224,391 $29,224,391
Federal Funds Not Itemized
$28,232,711 $28,232,711 $28,232,711
FFIND Temp. Assistance for Needy Families CFDA93.558
$991,680
$991,680
$991,680
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
$73,409,290 $73,409,290 $73,409,290
Criminal Justice Coordinating Council: Family Violence
Continuation Budget
TOTAL STATE FUNDS State General Funds
$0
$0
$0
$0
$0
$0
MONDAY, MARCH 23, 2015
3027
210.1 Transfer funds from the Department of Human Services Family Violence Services program to the Criminal Justice
Coordinating Council: Family Violence program to align budget with program activities.
State General Funds
$11,802,450 $11,802,450 $11,802,450
210.2 Increase funds for $10,000 grants for the 23 Sexual Assault Centers.
State General Funds
$230,000
210.99 SAC: 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.
House: 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.
Governor: 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.
State General Funds
$0
$0
$0
210.100-Criminal Justice Coordinating Council: Family Violence
Appropriation (HB 76)
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 $12,032,450
State General Funds
$11,802,450 $11,802,450 $12,032,450
TOTAL PUBLIC FUNDS
$11,802,450 $11,802,450 $12,032,450
Section 30: Juvenile Justice, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers
Section Total - Continuation
$306,918,411 $306,918,411
$306,918,411 $306,918,411
$5,981,599
$5,981,599
$4,450,373
$4,450,373
$1,531,226
$1,531,226
$81,085
$81,085
$81,085
$81,085
$81,085
$81,085
$351,158
$351,158
$351,158
$351,158
$306,918,411 $306,918,411
$5,981,599 $4,450,373 $1,531,226
$81,085 $81,085 $81,085 $351,158 $351,158
3028
JOURNAL OF THE HOUSE
FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS
$351,158
$351,158
$351,158
$313,332,253 $313,332,253 $313,332,253
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS
Section Total - Final
$312,701,460 $312,701,460
$5,981,599 $4,450,373 $1,531,226
$81,085 $81,085 $81,085 $351,158 $351,158 $351,158 $319,115,302
$312,701,460 $312,701,460
$5,981,599 $4,450,373 $1,531,226
$81,085 $81,085 $81,085 $351,158 $351,158 $351,158 $319,115,302
$309,610,686 $309,610,686
$5,981,599 $4,450,373 $1,531,226
$81,085 $81,085 $81,085 $351,158 $351,158 $351,158 $316,024,528
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 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 State General Funds
TOTAL FEDERAL FUNDS Foster Care Title IV-E CFDA93.658
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers
$83,678,879 $83,678,879
$1,373,480 $1,373,480
$351,158 $351,158
$83,678,879 $83,678,879
$1,373,480 $1,373,480
$351,158 $351,158
$83,678,879 $83,678,879
$1,373,480 $1,373,480
$351,158 $351,158
MONDAY, MARCH 23, 2015
3029
FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS
$351,158 $85,403,517
$351,158 $85,403,517
$351,158 $85,403,517
211.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$739,979
$739,979
$739,979
211.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$368,744
$368,744
$368,744
211.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($194,072)
($194,072)
($194,072)
211.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$33,424
$33,424
$33,424
211.5 Transfer funds from the Secure Detention (RYDCs) program to the Community Services program for Juvenile Justice Reform
initiatives.
State General Funds
$1,500,000
$1,500,000
$1,500,000
211.100-Community Services
Appropriation (HB 76)
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
$86,126,954 $86,126,954 $86,126,954
State General Funds
$86,126,954 $86,126,954 $86,126,954
TOTAL FEDERAL FUNDS
$1,373,480
$1,373,480
$1,373,480
Foster Care Title IV-E CFDA93.658
$1,373,480
$1,373,480
$1,373,480
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$351,158
$351,158
$351,158
Federal Funds Transfers
$351,158
$351,158
$351,158
FF Medical Assistance Program CFDA93.778
$351,158
$351,158
$351,158
TOTAL PUBLIC FUNDS
$87,851,592 $87,851,592 $87,851,592
3030
JOURNAL OF THE HOUSE
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 Foster Care Title IV-E CFDA93.658
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$23,236,761 $23,236,761
$1,004,957 $847,211 $157,746 $15,299 $15,299 $15,299
$24,257,017
$23,236,761 $23,236,761
$1,004,957 $847,211 $157,746 $15,299 $15,299 $15,299
$24,257,017
$23,236,761 $23,236,761
$1,004,957 $847,211 $157,746 $15,299 $15,299 $15,299
$24,257,017
212.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$207,229
$207,229
$207,229
212.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$111,878
$111,878
$111,878
212.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($36,779)
($36,779)
($36,779)
212.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$10,813
$10,813
$10,813
212.100-Departmental Administration
Appropriation (HB 76)
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
$23,529,902 $23,529,902 $23,529,902
State General Funds
$23,529,902 $23,529,902 $23,529,902
TOTAL FEDERAL FUNDS
$1,004,957
$1,004,957
$1,004,957
Federal Funds Not Itemized
$847,211
$847,211
$847,211
Foster Care Title IV-E CFDA93.658
$157,746
$157,746
$157,746
TOTAL AGENCY FUNDS
$15,299
$15,299
$15,299
MONDAY, MARCH 23, 2015
3031
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$15,299 $15,299 $24,550,158
$15,299 $15,299 $24,550,158
$15,299 $15,299 $24,550,158
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, 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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$90,797,738 $90,797,738
$2,035,102 $2,035,102
$23,589 $23,589 $23,589 $92,856,429
$90,797,738 $90,797,738
$2,035,102 $2,035,102
$23,589 $23,589 $23,589 $92,856,429
$90,797,738 $90,797,738
$2,035,102 $2,035,102
$23,589 $23,589 $23,589 $92,856,429
213.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$924,998
$924,998
$924,998
213.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$461,350
$461,350
$461,350
213.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($287,113)
($287,113)
($287,113)
213.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$33,377
$33,377
$33,377
213.5 Increase funds to annualize funds for 77 positions and operations for the Bill Ireland Youth Development Campus.
State General Funds
$1,841,474
$1,841,474
$1,841,474
3032
JOURNAL OF THE HOUSE
213.100 -Secure Commitment (YDCs)
Appropriation (HB 76)
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, or convicted of an offense under Senate Bill 440.
TOTAL STATE FUNDS
$93,771,824 $93,771,824 $93,771,824
State General Funds
$93,771,824 $93,771,824 $93,771,824
TOTAL FEDERAL FUNDS
$2,035,102
$2,035,102
$2,035,102
Federal Funds Not Itemized
$2,035,102
$2,035,102
$2,035,102
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 PUBLIC FUNDS
$95,830,515 $95,830,515 $95,830,515
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, or sentenced to the
Short Term 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
$109,205,033 $109,205,033
$1,568,060 $1,568,060
$42,197 $42,197 $42,197 $110,815,290
$109,205,033 $109,205,033
$1,568,060 $1,568,060
$42,197 $42,197 $42,197 $110,815,290
$109,205,033 $109,205,033
$1,568,060 $1,568,060
$42,197 $42,197 $42,197 $110,815,290
214.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$1,294,207
$1,294,207
$1,294,207
214.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$609,483
$609,483
$609,483
MONDAY, MARCH 23, 2015
3033
214.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($377,680)
($377,680)
($377,680)
214.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$41,737
$41,737
$41,737
214.5 Transfer funds from the Secure Detention (RYDCs) program to the Community Services program for Juvenile Justice Reform
initiatives.
State General Funds
($1,500,000) ($1,500,000) ($1,500,000)
214.6 Reduce funds to meet projected expenditures.
State General Funds
($3,090,774)
214.7 Utilize existing funds to study and recommend a facility location in a highly populated county, Gwinnett County. (S:YES)
State General Funds
$0
214.100 -Secure Detention (RYDCs)
Appropriation (HB 76)
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, or sentenced to the
Short Term Program.
TOTAL STATE FUNDS
$109,272,780 $109,272,780 $106,182,006
State General Funds
$109,272,780 $109,272,780 $106,182,006
TOTAL FEDERAL FUNDS
$1,568,060
$1,568,060
$1,568,060
Federal Funds Not Itemized
$1,568,060
$1,568,060
$1,568,060
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 PUBLIC FUNDS
$110,883,037 $110,883,037 $107,792,263
Section 31: Labor, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
Section Total - Continuation
$12,692,804 $12,692,804 $12,692,804 $12,692,804 $122,923,864 $122,923,864 $122,923,864 $122,923,864
$12,692,804 $12,692,804 $122,923,864 $122,923,864
3034
JOURNAL OF THE HOUSE
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $136,826,607
$140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $136,826,607
$140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $136,826,607
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 Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$13,221,081 $13,221,081 $122,923,864 $122,923,864
$140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $137,354,884
$13,039,881 $13,039,881 $122,923,864 $122,923,864
$140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $137,173,684
$13,039,881 $13,039,881 $122,923,864 $122,923,864
$140,273 $140,273 $140,273 $1,069,666 $1,069,666 $1,069,666 $137,173,684
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 Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$1,600,435 $1,600,435 $31,312,292 $31,312,292
$140,273 $140,273 $140,273 $33,053,000
$1,600,435 $1,600,435 $31,312,292 $31,312,292
$140,273 $140,273 $140,273 $33,053,000
$1,600,435 $1,600,435 $31,312,292 $31,312,292
$140,273 $140,273 $140,273 $33,053,000
MONDAY, MARCH 23, 2015
3035
215.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$2,622
$2,622
$2,622
215.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$7,018
$7,018
$7,018
215.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$142
$142
$142
215.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$27,668
$27,668
$27,668
215.100 -Department of Labor Administration
Appropriation (HB 76)
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
$1,637,885
$1,637,885
$1,637,885
State General Funds
$1,637,885
$1,637,885
$1,637,885
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
$33,090,450 $33,090,450 $33,090,450
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 76)
The purpose of this appropriation is to collect, analyze, and publish a wide array of information about the state's labor market.
3036
JOURNAL OF THE HOUSE
TOTAL FEDERAL FUNDS 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
$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
$4,365,000 $4,365,000 $34,599,186 $34,599,186 $38,964,186
$4,365,000 $4,365,000 $34,599,186 $34,599,186 $38,964,186
$4,365,000 $4,365,000 $34,599,186 $34,599,186 $38,964,186
217.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$47,840
$47,840
$47,840
217.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$17,164
$17,164
$17,164
217.3 Transfer funds from the Unemployment Insurance program to the Workforce Solutions program to align budget with
Regulation of Youth Employment activities.
State General Funds
($201,439)
($201,439)
($201,439)
217.4 Utilize existing funds for the collection of administrative assessments. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
217.100-Unemployment Insurance
Appropriation (HB 76)
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
$4,228,565
$4,228,565
$4,228,565
State General Funds
$4,228,565
$4,228,565
$4,228,565
TOTAL FEDERAL FUNDS
$34,599,186 $34,599,186 $34,599,186
Federal Funds Not Itemized
$34,599,186 $34,599,186 $34,599,186
TOTAL PUBLIC FUNDS
$38,827,751 $38,827,751 $38,827,751
MONDAY, MARCH 23, 2015
3037
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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$6,727,369 $6,727,369 $54,762,513 $54,762,513 $1,069,666 $1,069,666 $1,069,666 $62,559,548
$6,727,369 $6,727,369 $54,762,513 $54,762,513 $1,069,666 $1,069,666 $1,069,666 $62,559,548
$6,727,369 $6,727,369 $54,762,513 $54,762,513 $1,069,666 $1,069,666 $1,069,666 $62,559,548
218.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$11,049
$11,049
$11,049
218.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$15,258
$15,258
$15,258
218.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$597
$597
$597
218.4 Increase funds for personnel for six positions for Customized Recruitment operations to support additional economic
development efforts. (H and S:Increase funds for personnel for three positions for the Customized Recruitment program)
State General Funds
$398,919
$217,719
$217,719
218.5 Transfer funds from the Unemployment Insurance program to the Workforce Solutions program to align budget with
Regulation of Youth Employment activities.
State General Funds
$201,439
$201,439
$201,439
218.100 -Workforce Solutions
Appropriation (HB 76)
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
$7,354,631
$7,173,431
$7,173,431
State General Funds
$7,354,631
$7,173,431
$7,173,431
TOTAL FEDERAL FUNDS
$54,762,513 $54,762,513 $54,762,513
3038
JOURNAL OF THE HOUSE
Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
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
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 Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
$54,762,513 $1,069,666 $1,069,666 $1,069,666
$63,186,810
$54,762,513 $1,069,666 $1,069,666 $1,069,666
$63,005,610
$54,762,513 $1,069,666 $1,069,666 $1,069,666
$63,005,610
Section Total - Continuation
$21,242,362 $21,242,362
$21,242,362 $21,242,362
$3,597,990
$3,597,990
$3,597,990
$3,597,990
$272,051
$272,051
$272,051
$272,051
$272,051
$272,051
$36,317,074 $36,317,074
$36,317,074 $36,317,074
$36,317,074 $36,317,074
$61,429,477 $61,429,477
Section Total - Final
$26,862,605 $26,862,605
$3,597,990 $3,597,990
$939,740 $772,051 $772,051 $167,689 $167,689 $36,317,074 $36,317,074
$26,862,605 $26,862,605
$3,597,990 $3,597,990
$939,740 $772,051 $772,051 $167,689 $167,689 $36,317,074 $36,317,074
$21,242,362 $21,242,362
$3,597,990 $3,597,990
$272,051 $272,051 $272,051 $36,317,074 $36,317,074 $36,317,074 $61,429,477
$26,992,089 $26,992,089
$3,597,990 $3,597,990
$939,740 $772,051 $772,051 $167,689 $167,689 $36,317,074 $36,317,074
MONDAY, MARCH 23, 2015
3039
State Fund Transfers Not Itemized TOTAL PUBLIC FUNDS
$36,317,074 $67,717,409
$36,317,074 $67,717,409
$36,317,074 $67,846,893
Consumer Protection
Continuation Budget
TOTAL STATE FUNDS State General Funds
$0
$0
$0
$0
$0
$0
219.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$98,063
$98,063
$98,063
219.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$33,893
$33,893
$33,893
219.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$11,475
$11,475
$11,475
219.98 Transfer funds for all activities and functions, 65 positions and 2 vehicles related to the Governor's Office of Consumer
Protection to the Department of Law to administer the program.
State General Funds
$4,675,275
$4,675,275
$4,675,275
Sales and Services Not Itemized
$500,000
$500,000
$500,000
Sanctions, Fines, and Penalties Not Itemized
$167,689
$167,689
$167,689
Total Public Funds:
$5,342,964
$5,342,964
$5,342,964
219.99 SAC: 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.
House: 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.
Governor: 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.
State General Funds
$0
$0
$0
219.100-Consumer Protection
Appropriation (HB 76)
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.
3040
JOURNAL OF THE HOUSE
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
$4,818,706 $4,818,706
$667,689 $500,000 $500,000 $167,689 $167,689 $5,486,395
$4,818,706 $4,818,706
$667,689 $500,000 $500,000 $167,689 $167,689 $5,486,395
$4,818,706 $4,818,706
$667,689 $500,000 $500,000 $167,689 $167,689 $5,486,395
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
TOTAL PUBLIC FUNDS
$19,958,526 $19,958,526
$269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $56,545,540
$19,958,526 $19,958,526
$269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $56,545,540
$19,958,526 $19,958,526
$269,940 $269,940 $269,940 $36,317,074 $36,317,074 $36,317,074 $56,545,540
220.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$341,051
$341,051
$341,051
220.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$181,090
$181,090
$181,090
220.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$101,450
$101,450
$101,450
220.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$95,708
$95,708
$95,708
MONDAY, MARCH 23, 2015
3041
220.5 Increase funds for personnel for one vacant attorney position to mitigate future Special Assistant Attorney General expenses.
State General Funds
$58,006
$58,006
$58,006
220.6 Increase funds for personnel for an additional 1% salary increase for assistant attorneys general.
State General Funds
$129,484
220.100 -Law, Department of
Appropriation (HB 76)
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
$20,735,831 $20,735,831 $20,865,315
State General Funds
$20,735,831 $20,735,831 $20,865,315
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
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$36,317,074 $36,317,074 $36,317,074
State Funds Transfers
$36,317,074 $36,317,074 $36,317,074
State Fund Transfers Not Itemized
$36,317,074 $36,317,074 $36,317,074
TOTAL PUBLIC FUNDS
$57,322,845 $57,322,845 $57,452,329
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
$1,283,836 $1,283,836 $3,597,990 $3,597,990
$2,111 $2,111 $2,111 $4,883,937
$1,283,836 $1,283,836 $3,597,990 $3,597,990
$2,111 $2,111 $2,111 $4,883,937
$1,283,836 $1,283,836 $3,597,990 $3,597,990
$2,111 $2,111 $2,111 $4,883,937
3042
JOURNAL OF THE HOUSE
221.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$15,080
$15,080
$15,080
221.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$6,846
$6,846
$6,846
221.3 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$2,306
$2,306
$2,306
221.100 -Medicaid Fraud Control Unit
Appropriation (HB 76)
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
$1,308,068
$1,308,068
$1,308,068
State General Funds
$1,308,068
$1,308,068
$1,308,068
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
$4,908,169
$4,908,169
$4,908,169
There is hereby appropriated to the Department of Law 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 Department of Law for consumer protection for all the purposes for which such moneys may be appropriated pursuant to Article 28.
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
Section Total - Continuation
$101,016,923 $101,016,923
$101,016,923 $101,016,923
$46,510,538 $46,510,538
$46,498,931 $46,498,931
$11,607
$11,607
$96,232,484 $96,232,484
$1,074,536
$1,074,536
$1,074,536
$1,074,536
$101,016,923 $101,016,923 $46,510,538 $46,498,931
$11,607 $96,232,484
$1,074,536 $1,074,536
MONDAY, MARCH 23, 2015
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
TOTAL PUBLIC FUNDS
$577,695 $577,695
$13,907 $13,907 $54,540 $54,540 $94,511,806 $94,511,806 $30,000 $30,000 $30,000 $243,789,945
$577,695 $577,695
$13,907 $13,907 $54,540 $54,540 $94,511,806 $94,511,806 $30,000 $30,000 $30,000 $243,789,945
$577,695 $577,695
$13,907 $13,907 $54,540 $54,540 $94,511,806 $94,511,806 $30,000 $30,000 $30,000 $243,789,945
Section Total - Final
TOTAL STATE FUNDS
$103,867,181
State General Funds
$103,867,181
TOTAL FEDERAL FUNDS
$46,510,538
Federal Funds Not Itemized
$46,498,931
Federal Highway Admin.-Planning & Construction CFDA20.205
$11,607
TOTAL AGENCY FUNDS
$96,232,484
Contributions, Donations, and Forfeitures
$1,074,536
Contributions, Donations, and Forfeitures Not Itemized
$1,074,536
Intergovernmental Transfers
$577,695
Intergovernmental Transfers Not Itemized
$577,695
Rebates, Refunds, and Reimbursements
$13,907
Rebates, Refunds, and Reimbursements Not Itemized
$13,907
Royalties and Rents
$54,540
Royalties and Rents Not Itemized
$54,540
Sales and Services
$94,511,806
Sales and Services Not Itemized
$94,511,806
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$801,800
State Funds Transfers
$30,000
Agency to Agency Contracts
$30,000
$103,319,181 $103,319,181 $46,510,538 $46,498,931
$11,607 $96,232,484
$1,074,536 $1,074,536
$577,695 $577,695
$13,907 $13,907 $54,540 $54,540 $94,511,806 $94,511,806 $801,800 $30,000 $30,000
$103,319,181 $103,319,181 $46,510,538 $46,498,931
$11,607 $96,232,484
$1,074,536 $1,074,536
$577,695 $577,695
$13,907 $13,907 $54,540 $54,540 $94,511,806 $94,511,806 $801,800 $30,000 $30,000
3043
3044
JOURNAL OF THE HOUSE
Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$771,800 $771,800 $247,412,003
$771,800 $771,800 $246,864,003
$771,800 $771,800 $246,864,003
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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$2,100,911 $2,100,911 $5,054,621 $5,054,621
$107,925 $63,760 $63,760 $37,165 $37,165 $7,000 $7,000
$7,263,457
$2,100,911 $2,100,911 $5,054,621 $5,054,621
$107,925 $63,760 $63,760 $37,165 $37,165 $7,000 $7,000
$7,263,457
$2,100,911 $2,100,911 $5,054,621 $5,054,621
$107,925 $63,760 $63,760 $37,165 $37,165 $7,000 $7,000
$7,263,457
222.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$26,725
$26,725
$26,725
222.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$9,749
$9,749
$9,749
222.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$531
$531
$531
MONDAY, MARCH 23, 2015
3045
222.100 -Coastal Resources
Appropriation (HB 76)
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
$2,137,916
$2,137,916
$2,137,916
State General Funds
$2,137,916
$2,137,916
$2,137,916
TOTAL FEDERAL FUNDS
$5,054,621
$5,054,621
$5,054,621
Federal Funds Not Itemized
$5,054,621
$5,054,621
$5,054,621
TOTAL AGENCY FUNDS
$107,925
$107,925
$107,925
Contributions, Donations, and Forfeitures
$63,760
$63,760
$63,760
Contributions, Donations, and Forfeitures Not Itemized
$63,760
$63,760
$63,760
Royalties and Rents
$37,165
$37,165
$37,165
Royalties and Rents Not Itemized
$37,165
$37,165
$37,165
Sales and Services
$7,000
$7,000
$7,000
Sales and Services Not Itemized
$7,000
$7,000
$7,000
TOTAL PUBLIC FUNDS
$7,300,462
$7,300,462
$7,300,462
Departmental Administration
Continuation Budget
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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$11,648,802 $11,648,802
$110,000 $110,000
$39,065 $39,065 $39,065 $11,797,867
$11,648,802 $11,648,802
$110,000 $110,000
$39,065 $39,065 $39,065 $11,797,867
$11,648,802 $11,648,802
$110,000 $110,000
$39,065 $39,065 $39,065 $11,797,867
223.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$90,466
$90,466
$90,466
3046
JOURNAL OF THE HOUSE
223.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$48,728
$48,728
$48,728
223.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$1,553
$1,553
$1,553
223.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$22,783
$22,783
$22,783
223.100-Departmental Administration
Appropriation (HB 76)
The purpose of this appropriation is to provide administrative support for all programs of the department.
TOTAL STATE FUNDS
$11,812,332 $11,812,332 $11,812,332
State General Funds
$11,812,332 $11,812,332 $11,812,332
TOTAL FEDERAL FUNDS
$110,000
$110,000
$110,000
Federal Funds Not Itemized
$110,000
$110,000
$110,000
TOTAL AGENCY FUNDS
$39,065
$39,065
$39,065
Sales and Services
$39,065
$39,065
$39,065
Sales and Services Not Itemized
$39,065
$39,065
$39,065
TOTAL PUBLIC FUNDS
$11,961,397 $11,961,397 $11,961,397
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
$29,550,306 $29,550,306
$29,550,306 $29,550,306
$29,550,306 $29,550,306
MONDAY, MARCH 23, 2015
3047
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
$24,910,777 $24,910,777 $55,793,855
$551,768 $551,768 $55,242,087 $55,242,087 $110,254,938
$24,910,777 $24,910,777 $55,793,855
$551,768 $551,768 $55,242,087 $55,242,087 $110,254,938
$24,910,777 $24,910,777 $55,793,855
$551,768 $551,768 $55,242,087 $55,242,087 $110,254,938
224.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$309,842
$309,842
$309,842
224.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$176,205
$176,205
$176,205
224.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$17,943
$17,943
$17,943
224.4 Utilize existing funds of $2,610,000 for water-related studies and Regional Plan updates. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
224.5 Utilize existing funds of $416,726 for five positions and operations for the Safe Dams Unit. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
224.98 Transfer funds from the State Soil and Water Conservation Commission to the Environmental Protection program for the
U.S.D.A. Flood Control Watershed Structures and Water Resources and Land Use Planning programs to consolidate soil and water
conservation activities.
State General Funds
$232,222
$232,222
$232,222
224.100-Environmental Protection
Appropriation (HB 76)
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
3048
JOURNAL OF THE HOUSE
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
$30,286,518 $30,286,518 $30,286,518
State General Funds
$30,286,518 $30,286,518 $30,286,518
TOTAL FEDERAL FUNDS
$24,910,777 $24,910,777 $24,910,777
Federal Funds Not Itemized
$24,910,777 $24,910,777 $24,910,777
TOTAL AGENCY FUNDS
$55,793,855 $55,793,855 $55,793,855
Intergovernmental Transfers
$551,768
$551,768
$551,768
Intergovernmental Transfers Not Itemized
$551,768
$551,768
$551,768
Sales and Services
$55,242,087 $55,242,087 $55,242,087
Sales and Services Not Itemized
$55,242,087 $55,242,087 $55,242,087
TOTAL PUBLIC FUNDS
$110,991,150 $110,991,150 $110,991,150
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
$4,027,423 $4,027,423 $4,027,423
$4,027,423 $4,027,423 $4,027,423
$4,027,423 $4,027,423 $4,027,423
225.100 -Hazardous Waste Trust Fund
Appropriation (HB 76)
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
$4,027,423
$4,027,423
$4,027,423
State General Funds
$4,027,423
$4,027,423
$4,027,423
TOTAL PUBLIC FUNDS
$4,027,423
$4,027,423
$4,027,423
MONDAY, MARCH 23, 2015
3049
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
$1,603,878 $1,603,878 $1,020,787 $1,009,180
$11,607 $2,624,665
$1,603,878 $1,603,878 $1,020,787 $1,009,180
$11,607 $2,624,665
$1,603,878 $1,603,878 $1,020,787 $1,009,180
$11,607 $2,624,665
226.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$13,947
$13,947
$13,947
226.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$10,528
$10,528
$10,528
226.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$645
$645
$645
226.100-Historic Preservation
Appropriation (HB 76)
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
$1,628,998
$1,628,998
$1,628,998
State General Funds
$1,628,998
$1,628,998
$1,628,998
TOTAL FEDERAL FUNDS
$1,020,787
$1,020,787
$1,020,787
Federal Funds Not Itemized
$1,009,180
$1,009,180
$1,009,180
Federal Highway Admin.-Planning & Construction CFDA20.205
$11,607
$11,607
$11,607
TOTAL PUBLIC FUNDS
$2,649,785
$2,649,785
$2,649,785
3050
JOURNAL OF THE HOUSE
Law Enforcement
Continuation Budget
The purpose of this appropriation is to enforce all state and federal laws and departmental regulations relative to protecting
Georgia's wildlife, natural, archeological, and cultural resources, DNR properties, boating safety, and litter and waste laws; to teach
hunter and boater education classes; and to assist other law enforcement agencies upon request in providing public safety for the
citizens and visitors of Georgia.
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 PUBLIC FUNDS
$17,490,026 $17,490,026
$2,248,458 $2,248,458
$3,657 $3,657 $3,657 $19,742,141
$17,490,026 $17,490,026
$2,248,458 $2,248,458
$3,657 $3,657 $3,657 $19,742,141
$17,490,026 $17,490,026
$2,248,458 $2,248,458
$3,657 $3,657 $3,657 $19,742,141
227.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$270,063
$270,063
$270,063
227.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$85,278
$85,278
$85,278
227.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$6,836
$6,836
$6,836
227.4 Transfer funds, four positions, and four vacant positions from the Parks, Recreation and Historic Sites program to the Law
Enforcement program to continue the consolidation of law enforcement activities.
State General Funds
$322,196
$322,196
$322,196
227.100 -Law Enforcement
Appropriation (HB 76)
The purpose of this appropriation is to enforce all state and federal laws and departmental regulations relative to protecting
Georgia's wildlife, natural, archeological, and cultural resources, DNR properties, boating safety, and litter and waste laws; to teach
hunter and boater education classes; and to assist other law enforcement agencies upon request in providing public safety for the
citizens and visitors of Georgia.
TOTAL STATE FUNDS
$18,174,399 $18,174,399 $18,174,399
State General Funds
$18,174,399 $18,174,399 $18,174,399
MONDAY, MARCH 23, 2015
3051
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS
$2,248,458 $2,248,458
$3,657 $3,657 $3,657 $20,426,514
$2,248,458 $2,248,458
$3,657 $3,657 $3,657 $20,426,514
$2,248,458 $2,248,458
$3,657 $3,657 $3,657 $20,426,514
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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$14,710,117 $14,710,117
$1,704,029 $1,704,029 $31,619,991
$911,490 $911,490 $30,708,501 $30,708,501 $48,034,137
$14,710,117 $14,710,117
$1,704,029 $1,704,029 $31,619,991
$911,490 $911,490 $30,708,501 $30,708,501 $48,034,137
$14,710,117 $14,710,117
$1,704,029 $1,704,029 $31,619,991
$911,490 $911,490 $30,708,501 $30,708,501 $48,034,137
228.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$49,244
$49,244
$49,244
228.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$87,528
$87,528
$87,528
228.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$1,566
$1,566
$1,566
228.4 Transfer funds, four positions, and four vacant positions from the Parks, Recreation and Historic Sites program to the Law
Enforcement program to continue the consolidation of law enforcement activities.
State General Funds
($322,196)
($322,196)
($322,196)
3052
JOURNAL OF THE HOUSE
228.5 Increase funds to replace payments from the North Georgia Mountains Authority to reflect fulfilled debt service obligations.
State General Funds
$793,504
$793,504
$793,504
228.6 Increase funds to reflect debt service payments from the North Georgia Mountains Authority for bonds to be sold in 2016.
Agency Fund Transfers Not Itemized
$771,800
$771,800
$771,800
228.7 Reduce funds for one-time funding for outdoor recreational facilities.
State General Funds
($548,000)
($548,000)
228.100 -Parks, Recreation and Historic Sites
Appropriation (HB 76)
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
$15,319,763 $14,771,763 $14,771,763
State General Funds
$15,319,763 $14,771,763 $14,771,763
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
$31,619,991 $31,619,991 $31,619,991
Contributions, Donations, and Forfeitures
$911,490
$911,490
$911,490
Contributions, Donations, and Forfeitures Not Itemized
$911,490
$911,490
$911,490
Sales and Services
$30,708,501 $30,708,501 $30,708,501
Sales and Services Not Itemized
$30,708,501 $30,708,501 $30,708,501
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$771,800
$771,800
$771,800
Agency Funds Transfers
$771,800
$771,800
$771,800
Agency Fund Transfers Not Itemized
$771,800
$771,800
$771,800
TOTAL PUBLIC FUNDS
$49,415,583 $48,867,583 $48,867,583
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
$2,720,775 $2,720,775 $2,720,775
$2,720,775 $2,720,775 $2,720,775
$2,720,775 $2,720,775 $2,720,775
MONDAY, MARCH 23, 2015
3053
229.100 -Solid Waste Trust Fund
Appropriation (HB 76)
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
$2,720,775
$2,720,775
$2,720,775
State General Funds
$2,720,775
$2,720,775
$2,720,775
TOTAL PUBLIC FUNDS
$2,720,775
$2,720,775
$2,720,775
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 promulgate statewide hunting, fishing, trapping, and coastal
commercial fishing regulations; to operate the state's archery and shooting ranges; to license hunters and anglers; and to register
boats.
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 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
TOTAL PUBLIC FUNDS
$17,164,685 $17,164,685 $11,461,866 $11,461,866
$8,667,991 $99,286 $99,286 $25,927 $25,927 $10,250 $10,250 $17,375 $17,375
$8,515,153 $8,515,153
$30,000 $30,000 $30,000 $37,324,542
$17,164,685 $17,164,685 $11,461,866 $11,461,866
$8,667,991 $99,286 $99,286 $25,927 $25,927 $10,250 $10,250 $17,375 $17,375
$8,515,153 $8,515,153
$30,000 $30,000 $30,000 $37,324,542
$17,164,685 $17,164,685 $11,461,866 $11,461,866
$8,667,991 $99,286 $99,286 $25,927 $25,927 $10,250 $10,250 $17,375 $17,375
$8,515,153 $8,515,153
$30,000 $30,000 $30,000 $37,324,542
3054
JOURNAL OF THE HOUSE
230.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$207,360
$207,360
$207,360
230.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$80,074
$80,074
$80,074
230.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$6,938
$6,938
$6,938
230.4 Increase funds for nongame conservation projects focused on at-risk species assessment and recovery.
State General Funds
$300,000
$300,000
$300,000
230.100 -Wildlife Resources
Appropriation (HB 76)
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 promulgate statewide hunting, fishing, trapping, and coastal
commercial fishing regulations; to operate the state's archery and shooting ranges; to license hunters and anglers; and to register
boats.
TOTAL STATE FUNDS
$17,759,057 $17,759,057 $17,759,057
State General Funds
$17,759,057 $17,759,057 $17,759,057
TOTAL FEDERAL FUNDS
$11,461,866 $11,461,866 $11,461,866
Federal Funds Not Itemized
$11,461,866 $11,461,866 $11,461,866
TOTAL AGENCY FUNDS
$8,667,991
$8,667,991
$8,667,991
Contributions, Donations, and Forfeitures
$99,286
$99,286
$99,286
Contributions, Donations, and Forfeitures Not Itemized
$99,286
$99,286
$99,286
Intergovernmental Transfers
$25,927
$25,927
$25,927
Intergovernmental Transfers Not Itemized
$25,927
$25,927
$25,927
Rebates, Refunds, and Reimbursements
$10,250
$10,250
$10,250
Rebates, Refunds, and Reimbursements Not Itemized
$10,250
$10,250
$10,250
Royalties and Rents
$17,375
$17,375
$17,375
Royalties and Rents Not Itemized
$17,375
$17,375
$17,375
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
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$30,000
$30,000
$30,000
State Funds Transfers
$30,000
$30,000
$30,000
MONDAY, MARCH 23, 2015
3055
Agency to Agency Contracts TOTAL PUBLIC FUNDS
$30,000 $37,918,914
$30,000 $37,918,914
$30,000 $37,918,914
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.
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
$54,171,545 $54,171,545
$54,171,545 $54,171,545
$806,050
$806,050
$806,050
$806,050
$54,977,595 $54,977,595
$54,171,545 $54,171,545
$806,050 $806,050 $54,977,595
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$55,898,069 $55,898,069
$806,050 $806,050 $56,704,119
$55,898,069 $55,898,069
$806,050 $806,050 $56,704,119
$55,898,069 $55,898,069
$806,050 $806,050 $56,704,119
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
$5,085,089 $5,085,089 $5,085,089
$5,085,089 $5,085,089 $5,085,089
$5,085,089 $5,085,089 $5,085,089
231.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$53,117
$53,117
$53,117
3056
JOURNAL OF THE HOUSE
231.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$24,651
$24,651
$24,651
231.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$2,755
$2,755
$2,755
231.4 Reduce funds to reflect an adjustment in Teamworks billings.
State General Funds
($3,557)
($3,557)
($3,557)
231.100 -Board Administration
The purpose of this appropriation is to provide administrative support for the agency.
TOTAL STATE FUNDS
$5,162,055
State General Funds
$5,162,055
TOTAL PUBLIC FUNDS
$5,162,055
Appropriation (HB 76)
$5,162,055 $5,162,055 $5,162,055
$5,162,055 $5,162,055 $5,162,055
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
$12,179,555 $12,179,555 $12,179,555
$12,179,555 $12,179,555 $12,179,555
$12,179,555 $12,179,555 $12,179,555
232.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$190,329
$190,329
$190,329
232.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$87,445
$87,445
$87,445
232.100 -Clemency Decisions
Appropriation (HB 76)
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.
MONDAY, MARCH 23, 2015
3057
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$12,457,329 $12,457,329 $12,457,329
$12,457,329 $12,457,329 $12,457,329
$12,457,329 $12,457,329 $12,457,329
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
$36,434,405 $36,434,405
$806,050 $806,050 $37,240,455
$36,434,405 $36,434,405
$806,050 $806,050 $37,240,455
$36,434,405 $36,434,405
$806,050 $806,050 $37,240,455
233.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$509,299
$509,299
$509,299
233.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$234,417
$234,417
$234,417
233.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$7,394
$7,394
$7,394
233.4 Increase funds to provide intensive supervision at six targeted pilot sites as part of the Georgia Prison Reentry Initiative.
(S:Increase funds to provide intensive supervision at six targeted pilot sites in support of GA-PRI)
State General Funds
$467,132
$467,132
$467,132
233.5 Increase funds for personnel for one reentry housing coordinator. (S:Increase funds for personnel for one reentry housing
coordinator in support of GA-PRI)
State General Funds
$68,928
$68,928
$68,928
233.6 Increase funds to recalibrate the existing offender supervision risk assessment tool to reflect changes resulting from Criminal
Justice reform.
State General Funds
$75,000
$75,000
$75,000
3058
JOURNAL OF THE HOUSE
233.100 -Parole Supervision
Appropriation (HB 76)
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
$37,796,575 $37,796,575 $37,796,575
State General Funds
$37,796,575 $37,796,575 $37,796,575
TOTAL FEDERAL FUNDS
$806,050
$806,050
$806,050
Federal Funds Not Itemized
$806,050
$806,050
$806,050
TOTAL PUBLIC FUNDS
$38,602,625 $38,602,625 $38,602,625
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 for victims to the state corrections system.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$472,496 $472,496 $472,496
$472,496 $472,496 $472,496
$472,496 $472,496 $472,496
234.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$6,884
$6,884
$6,884
234.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$2,730
$2,730
$2,730
234.100-Victim Services
Appropriation (HB 76)
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 STATE FUNDS
$482,110
$482,110
$482,110
State General Funds
$482,110
$482,110
$482,110
TOTAL PUBLIC FUNDS
$482,110
$482,110
$482,110
MONDAY, MARCH 23, 2015
3059
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
$50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000
$50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000
$50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000
Section Total - Final
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
$50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000
$50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000
$50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000
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
$0 $0 $50,663 $50,663 $50,663 $1,699,337 $1,699,337
$0 $0 $50,663 $50,663 $50,663 $1,699,337 $1,699,337
$0 $0 $50,663 $50,663 $50,663 $1,699,337 $1,699,337
3060
JOURNAL OF THE HOUSE
State Fund Transfers Not Itemized TOTAL PUBLIC FUNDS
$1,699,337 $1,750,000
$1,699,337 $1,750,000
$1,699,337 $1,750,000
235.100-Properties Commission, State
Appropriation (HB 76)
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
$50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000
$50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000
$50,663 $50,663 $50,663 $1,699,337 $1,699,337 $1,699,337 $1,750,000
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
236.1 Eliminate funds for payment to the Office of the State Treasurer. (Total Funds: $845,934)(G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
236.2 Utilize existing funds ($4,000) to purchase two wheelchairs and two mobile scooters for public use in the State Capitol.
(S:YES)
State General Funds
$0
Section 36: Public Defender Standards Council, Georgia
TOTAL STATE FUNDS State General Funds
Section Total - Continuation
$42,672,664 $42,672,664 $42,672,664 $42,672,664
$42,672,664 $42,672,664
MONDAY, MARCH 23, 2015
3061
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized
TOTAL PUBLIC FUNDS
$340,000 $340,000 $340,000 $43,012,664
$340,000 $340,000 $340,000 $43,012,664
$340,000 $340,000 $340,000 $43,012,664
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
$47,559,033 $47,559,033
$340,000 $340,000 $340,000 $47,899,033
$48,786,168 $48,786,168
$340,000 $340,000 $340,000 $49,126,168
$47,802,197 $47,802,197
$340,000 $340,000 $340,000 $48,142,197
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
$6,564,859 $6,564,859
$340,000 $340,000 $340,000 $6,904,859
$6,564,859 $6,564,859
$340,000 $340,000 $340,000 $6,904,859
$6,564,859 $6,564,859
$340,000 $340,000 $340,000 $6,904,859
237.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$81,210
$81,210
$81,210
237.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$35,810
$35,810
$35,810
237.3 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$29,590
$29,590
$29,590
237.4 Increase funds for contracts for capital conflict cases.
State General Funds
$375,000
$375,000
$375,000
3062
JOURNAL OF THE HOUSE
237.100 -Public Defender Standards Council
Appropriation (HB 76)
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
$7,086,469
$7,086,469
$7,086,469
State General Funds
$7,086,469
$7,086,469
$7,086,469
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
$7,426,469
$7,426,469
$7,426,469
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
$36,107,805 $36,107,805 $36,107,805
$36,107,805 $36,107,805 $36,107,805
$36,107,805 $36,107,805 $36,107,805
238.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$515,650
$515,650
$515,650
238.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$223,973
$223,973
$223,973
238.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$136
$136
$136
238.4 Increase funds for contracts for conflict cases.
State General Funds
$3,625,000
$3,625,000
$3,625,000
238.5 Increase funds for personnel to annualize two Assistant Public Defenders to reflect the new judgeships in the Coweta and
Waycross Judicial Circuits as provided in HB 744 (2014 Session).
State General Funds
$72,176
$72,176
MONDAY, MARCH 23, 2015
3063
238.6 Increase funds for personnel for an additional Assistant Public Defender to reflect the new judgeship in the Western Judicial
Circuit starting April, 1 2016.
State General Funds
$18,044
$18,044
238.7 Increase funds for personnel for a $15,000 salary enhancement to Circuit Public Defenders salaries. (S:Increase funds for
personnel for a 2% salary enhancement to Circuit Public Defenders' salaries)
State General Funds
$1,136,915
$152,944
238.100 -Public Defenders
Appropriation (HB 76)
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
$40,472,564 $41,699,699 $40,715,728
State General Funds
$40,472,564 $41,699,699 $40,715,728
TOTAL PUBLIC FUNDS
$40,472,564 $41,699,699 $40,715,728
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 Preventive Health & Health Services Block Grant CFDA93.991 FFIND Temp. Assistance for Needy Families CFDA93.558
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
Section Total - Continuation
$232,260,878 $232,260,878
$216,758,954 $216,758,954
$13,717,860 $13,717,860
$1,784,064
$1,784,064
$395,911,567 $395,911,567
$366,238,853 $366,238,853
$16,864,606 $16,864,606
$2,403,579
$2,403,579
$10,404,529 $10,404,529
$9,700,967
$9,700,967
$518,999
$518,999
$518,999
$518,999
$8,149,702
$8,149,702
$8,149,702
$8,149,702
$1,032,266
$1,032,266
$1,032,266
$1,032,266
$232,260,878 $216,758,954 $13,717,860
$1,784,064 $395,911,567 $366,238,853 $16,864,606
$2,403,579 $10,404,529
$9,700,967 $518,999 $518,999
$8,149,702 $8,149,702 $1,032,266 $1,032,266
3064
JOURNAL OF THE HOUSE
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Indirect FFIND Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS
$771,517 $581,000 $581,000 $190,517 $190,517 $638,644,929
$771,517 $581,000 $581,000 $190,517 $190,517 $638,644,929
$771,517 $581,000 $581,000 $190,517 $190,517 $638,644,929
Section Total - Final
TOTAL STATE FUNDS
$240,078,001
State General Funds
$224,901,574
Tobacco Settlement Funds
$13,717,860
Brain & Spinal Injury Trust Fund
$1,458,567
TOTAL FEDERAL FUNDS
$395,911,567
Federal Funds Not Itemized
$366,238,853
Maternal & Child Health Services Block Grant CFDA93.994
$16,864,606
Preventive Health & Health Services Block Grant CFDA93.991
$2,403,579
FFIND Temp. Assistance for Needy Families CFDA93.558
$10,404,529
TOTAL AGENCY FUNDS
$9,700,967
Contributions, Donations, and Forfeitures
$518,999
Contributions, Donations, and Forfeitures Not Itemized
$518,999
Rebates, Refunds, and Reimbursements
$8,149,702
Rebates, Refunds, and Reimbursements Not Itemized
$8,149,702
Sales and Services
$1,032,266
Sales and Services Not Itemized
$1,032,266
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$771,517
State Funds Transfers
$581,000
Agency to Agency Contracts
$581,000
Federal Funds Indirect
$190,517
FFIND Preventive Health & Health Services Block Grant CFDA93.991
$190,517
TOTAL PUBLIC FUNDS
$646,462,052
$240,203,001 $225,026,574 $13,717,860
$1,458,567 $395,911,567 $366,238,853 $16,864,606
$2,403,579 $10,404,529 $13,235,542
$518,999 $518,999 $8,149,702 $8,149,702 $4,566,841 $4,566,841 $771,517 $581,000 $581,000 $190,517 $190,517 $650,121,627
$240,440,501 $225,264,074 $13,717,860
$1,458,567 $395,911,567 $366,238,853 $16,864,606
$2,403,579 $10,404,529
$9,700,967 $518,999 $518,999
$8,149,702 $8,149,702 $1,032,266 $1,032,266
$771,517 $581,000 $581,000 $190,517 $190,517 $646,824,552
MONDAY, MARCH 23, 2015
3065
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 FFIND Temp. Assistance for Needy Families CFDA93.558
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$10,542,451 $3,685,272 $6,857,179
$19,467,781 $8,397,424 $516,828 $149,000
$10,404,529 $335,000 $335,000 $335,000 $410,000 $410,000 $410,000
$30,755,232
$10,542,451 $3,685,272 $6,857,179
$19,467,781 $8,397,424 $516,828 $149,000
$10,404,529 $335,000 $335,000 $335,000 $410,000 $410,000 $410,000
$30,755,232
$10,542,451 $3,685,272 $6,857,179
$19,467,781 $8,397,424 $516,828 $149,000
$10,404,529 $335,000 $335,000 $335,000 $410,000 $410,000 $410,000
$30,755,232
239.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$15,493
$15,493
$15,493
239.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$11,050
$11,050
$11,050
239.3 Increase funds for the Georgiacancerinfo.org website.
State General Funds
$75,000
$37,500
239.100-Adolescent and Adult Health Promotion
Appropriation (HB 76)
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
$10,568,994 $10,643,994 $10,606,494
State General Funds
$3,711,815
$3,786,815
$3,749,315
Tobacco Settlement Funds
$6,857,179
$6,857,179
$6,857,179
3066
JOURNAL OF THE HOUSE
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Preventive Health & Health Services Block Grant CFDA93.991 FFIND Temp. Assistance for Needy Families CFDA93.558
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$19,467,781 $8,397,424 $516,828 $149,000
$10,404,529 $335,000 $335,000 $335,000 $410,000 $410,000 $410,000
$30,781,775
$19,467,781 $8,397,424 $516,828 $149,000
$10,404,529 $335,000 $335,000 $335,000 $410,000 $410,000 $410,000
$30,856,775
$19,467,781 $8,397,424 $516,828 $149,000
$10,404,529 $335,000 $335,000 $335,000 $410,000 $410,000 $410,000
$30,819,275
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
$6,613,249 $0
$6,613,249 $300,000 $300,000
$6,913,249
$6,613,249 $0
$6,613,249 $300,000 $300,000
$6,913,249
$6,613,249 $0
$6,613,249 $300,000 $300,000
$6,913,249
240.100 -Adult Essential Health Treatment Services
Appropriation (HB 76)
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
$6,613,249
$6,613,249
$6,613,249
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
$6,913,249
$6,913,249
$6,913,249
MONDAY, MARCH 23, 2015
3067
Departmental Administration
Continuation Budget
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 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Indirect FFIND Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS
$21,816,322 $21,684,527
$131,795 $8,312,856 $7,045,918 $1,266,938 $3,945,000 $3,500,000 $3,500,000
$445,000 $445,000 $190,517 $190,517 $190,517 $34,264,695
$21,816,322 $21,684,527
$131,795 $8,312,856 $7,045,918 $1,266,938 $3,945,000 $3,500,000 $3,500,000
$445,000 $445,000 $190,517 $190,517 $190,517 $34,264,695
$21,816,322 $21,684,527
$131,795 $8,312,856 $7,045,918 $1,266,938 $3,945,000 $3,500,000 $3,500,000
$445,000 $445,000 $190,517 $190,517 $190,517 $34,264,695
241.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$388,157
$388,157
$388,157
241.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$173,557
$173,557
$173,557
241.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($92,918)
($92,918)
($92,918)
241.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$54,344
$54,344
$54,344
241.100-Departmental Administration
Appropriation (HB 76)
The purpose of this appropriation is to provide administrative support to all departmental programs.
TOTAL STATE FUNDS
$22,339,462 $22,339,462 $22,339,462
State General Funds
$22,207,667 $22,207,667 $22,207,667
3068
JOURNAL OF THE HOUSE
Tobacco Settlement Funds TOTAL FEDERAL FUNDS
Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements
Rebates, Refunds, and Reimbursements Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
Federal Funds Indirect FFIND Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS
$131,795 $8,312,856 $7,045,918 $1,266,938 $3,945,000 $3,500,000 $3,500,000
$445,000 $445,000 $190,517 $190,517 $190,517 $34,787,835
$131,795 $8,312,856 $7,045,918 $1,266,938 $3,945,000 $3,500,000 $3,500,000
$445,000 $445,000 $190,517 $190,517 $190,517 $34,787,835
$131,795 $8,312,856 $7,045,918 $1,266,938 $3,945,000 $3,500,000 $3,500,000
$445,000 $445,000 $190,517 $190,517 $190,517 $34,787,835
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 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
$2,531,764 $2,531,764 $23,675,473 $23,125,473
$350,000 $200,000
$976 $976 $976 $171,000 $171,000 $171,000 $26,379,213
$2,531,764 $2,531,764 $23,675,473 $23,125,473
$350,000 $200,000
$976 $976 $976 $171,000 $171,000 $171,000 $26,379,213
$2,531,764 $2,531,764 $23,675,473 $23,125,473
$350,000 $200,000
$976 $976 $976 $171,000 $171,000 $171,000 $26,379,213
MONDAY, MARCH 23, 2015
3069
242.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$35,315
$35,315
$35,315
242.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$17,646
$17,646
$17,646
242.3 Transfer funds from the Georgia Trauma Care Network Commission to the Department of Public Health Emergency
Preparedness/Trauma System Improvement program to reflect the movement of statutory responsibilities in SB60 (2007 Session).
State General Funds
$2,834,053
$0
242.100-Emergency Preparedness / Trauma System Improvement
Appropriation (HB 76)
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
$2,584,725
$5,418,778
$2,584,725
State General Funds
$2,584,725
$5,418,778
$2,584,725
TOTAL FEDERAL FUNDS
$23,675,473 $23,675,473 $23,675,473
Federal Funds Not Itemized
$23,125,473 $23,125,473 $23,125,473
Maternal & Child Health Services Block Grant CFDA93.994
$350,000
$350,000
$350,000
Preventive Health & Health Services Block Grant CFDA93.991
$200,000
$200,000
$200,000
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
$171,000
$171,000
$171,000
State Funds Transfers
$171,000
$171,000
$171,000
Agency to Agency Contracts
$171,000
$171,000
$171,000
TOTAL PUBLIC FUNDS
$26,432,174 $29,266,227 $26,432,174
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 Federal Funds Not Itemized
$4,382,990 $4,267,353
$115,637 $6,749,343 $6,552,593
$4,382,990 $4,267,353
$115,637 $6,749,343 $6,552,593
$4,382,990 $4,267,353
$115,637 $6,749,343 $6,552,593
3070
JOURNAL OF THE HOUSE
Preventive Health & Health Services Block Grant CFDA93.991 TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$196,750 $25,156 $25,156 $25,156
$11,157,489
$196,750 $25,156 $25,156 $25,156
$11,157,489
$196,750 $25,156 $25,156 $25,156
$11,157,489
243.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$19,961
$19,961
$19,961
243.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$9,671
$9,671
$9,671
243.3 Increase funds for personnel and operations for one epidemiologist and additional Hepatitis C testing.
State General Funds
$250,000
243.100 -Epidemiology
Appropriation (HB 76)
The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern.
TOTAL STATE FUNDS
$4,412,622
$4,412,622
$4,662,622
State General Funds
$4,296,985
$4,296,985
$4,546,985
Tobacco Settlement Funds
$115,637
$115,637
$115,637
TOTAL FEDERAL FUNDS
$6,749,343
$6,749,343
$6,749,343
Federal Funds Not Itemized
$6,552,593
$6,552,593
$6,552,593
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 PUBLIC FUNDS
$11,187,121 $11,187,121 $11,437,121
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 Federal Funds Not Itemized
$2,520,627 $2,520,627 $2,061,486 $2,061,486
$2,520,627 $2,520,627 $2,061,486 $2,061,486
$2,520,627 $2,520,627 $2,061,486 $2,061,486
MONDAY, MARCH 23, 2015
3071
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS
$4,649,702 $4,649,702 $4,649,702 $9,231,815
$4,649,702 $4,649,702 $4,649,702 $9,231,815
$4,649,702 $4,649,702 $4,649,702 $9,231,815
244.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$4,659
$4,659
$4,659
244.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$2,420
$2,420
$2,420
244.100 -Immunization
Appropriation (HB 76)
The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines, and technical assistance.
TOTAL STATE FUNDS
$2,527,706
$2,527,706
$2,527,706
State General Funds
$2,527,706
$2,527,706
$2,527,706
TOTAL FEDERAL FUNDS
$2,061,486
$2,061,486
$2,061,486
Federal Funds Not Itemized
$2,061,486
$2,061,486
$2,061,486
TOTAL AGENCY FUNDS
$4,649,702
$4,649,702
$4,649,702
Rebates, Refunds, and Reimbursements
$4,649,702
$4,649,702
$4,649,702
Rebates, Refunds, and Reimbursements Not Itemized
$4,649,702
$4,649,702
$4,649,702
TOTAL PUBLIC FUNDS
$9,238,894
$9,238,894
$9,238,894
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
$20,750,225 $20,750,225 $22,745,978 $14,008,298
$8,605,171 $132,509 $84,403 $84,403
$20,750,225 $20,750,225 $22,745,978 $14,008,298
$8,605,171 $132,509 $84,403 $84,403
$20,750,225 $20,750,225 $22,745,978 $14,008,298
$8,605,171 $132,509 $84,403 $84,403
3072
JOURNAL OF THE HOUSE
Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS
$84,403 $43,580,606
$84,403 $43,580,606
$84,403 $43,580,606
245.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$22,692
$22,692
$22,692
245.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$10,843
$10,843
$10,843
245.3 Increase funds for the Georgia Comprehensive Sickle Cell Center.
State General Funds
$50,000
$50,000
245.4 Utilize existing funds to provide therapies for children with congenital disorders pursuant to O.C.G.A. 31-12-9. (S:NO; The
Department of Public Health shall conduct a study to determine the feasibility of providing therapies for children with congenital
disorders pursuant to O.C.G.A. 31-12-6 without increasing the $50 service fee associated with the Georgia Newborn Screening
System)
State General Funds
$0
$0
Sales and Services Not Itemized
$3,534,575
$0
Total Public Funds:
$3,534,575
$0
245.100-Infant and Child Essential Health Treatment Services
Appropriation (HB 76)
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
$20,783,760 $20,833,760 $20,833,760
State General Funds
$20,783,760 $20,833,760 $20,833,760
TOTAL FEDERAL FUNDS
$22,745,978 $22,745,978 $22,745,978
Federal Funds Not Itemized
$14,008,298 $14,008,298 $14,008,298
Maternal & Child Health Services Block Grant CFDA93.994
$8,605,171
$8,605,171
$8,605,171
Preventive Health & Health Services Block Grant CFDA93.991
$132,509
$132,509
$132,509
TOTAL AGENCY FUNDS
$84,403
$3,618,978
$84,403
Contributions, Donations, and Forfeitures
$84,403
$84,403
$84,403
Contributions, Donations, and Forfeitures Not Itemized
$84,403
$84,403
$84,403
Sales and Services
$3,534,575
Sales and Services Not Itemized
$3,534,575
TOTAL PUBLIC FUNDS
$43,614,141 $47,198,716 $43,664,141
MONDAY, MARCH 23, 2015
3073
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
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS
$12,760,063 $12,760,063 $263,629,246 $256,236,639
$7,392,607 $86,587 $86,587 $86,587
$276,475,896
$12,760,063 $12,760,063 $263,629,246 $256,236,639
$7,392,607 $86,587 $86,587 $86,587
$276,475,896
$12,760,063 $12,760,063 $263,629,246 $256,236,639
$7,392,607 $86,587 $86,587 $86,587
$276,475,896
246.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$37,764
$37,764
$37,764
246.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$15,652
$15,652
$15,652
246.3 Increase funds for the Rally Foundation for Childhood Cancer Research.
State General Funds
$25,000
246.100-Infant and Child Health Promotion
Appropriation (HB 76)
The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children.
TOTAL STATE FUNDS
$12,813,479 $12,813,479 $12,838,479
State General Funds
$12,813,479 $12,813,479 $12,838,479
TOTAL FEDERAL FUNDS
$263,629,246 $263,629,246 $263,629,246
Federal Funds Not Itemized
$256,236,639 $256,236,639 $256,236,639
Maternal & Child Health Services Block Grant CFDA93.994
$7,392,607
$7,392,607
$7,392,607
TOTAL AGENCY FUNDS
$86,587
$86,587
$86,587
Contributions, Donations, and Forfeitures
$86,587
$86,587
$86,587
Contributions, Donations, and Forfeitures Not Itemized
$86,587
$86,587
$86,587
TOTAL PUBLIC FUNDS
$276,529,312 $276,529,312 $276,554,312
3074
JOURNAL OF THE HOUSE
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 Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS
$31,510,791 $31,510,791 $47,927,661 $47,927,661
$13,009 $13,009 $13,009 $79,451,461
$31,510,791 $31,510,791 $47,927,661 $47,927,661
$13,009 $13,009 $13,009 $79,451,461
$31,510,791 $31,510,791 $47,927,661 $47,927,661
$13,009 $13,009 $13,009 $79,451,461
247.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$129,299
$129,299
$129,299
247.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$56,301
$56,301
$56,301
247.100 -Infectious Disease Control
Appropriation (HB 76)
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
$31,696,391 $31,696,391 $31,696,391
State General Funds
$31,696,391 $31,696,391 $31,696,391
TOTAL FEDERAL FUNDS
$47,927,661 $47,927,661 $47,927,661
Federal Funds Not Itemized
$47,927,661 $47,927,661 $47,927,661
TOTAL AGENCY FUNDS
$13,009
$13,009
$13,009
Contributions, Donations, and Forfeitures
$13,009
$13,009
$13,009
Contributions, Donations, and Forfeitures Not Itemized
$13,009
$13,009
$13,009
TOTAL PUBLIC FUNDS
$79,637,061 $79,637,061 $79,637,061
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, and swimming pools.
MONDAY, MARCH 23, 2015
3075
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$3,714,938 $3,714,938
$511,063 $352,681 $158,382 $561,134 $561,134 $561,134 $4,787,135
$3,714,938 $3,714,938
$511,063 $352,681 $158,382 $561,134 $561,134 $561,134 $4,787,135
$3,714,938 $3,714,938
$511,063 $352,681 $158,382 $561,134 $561,134 $561,134 $4,787,135
248.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$43,098
$43,098
$43,098
248.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$18,315
$18,315
$18,315
248.100-Inspections and Environmental Hazard Control
Appropriation (HB 76)
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 STATE FUNDS
$3,776,351
$3,776,351
$3,776,351
State General Funds
$3,776,351
$3,776,351
$3,776,351
TOTAL FEDERAL FUNDS
$511,063
$511,063
$511,063
Federal Funds Not Itemized
$352,681
$352,681
$352,681
Preventive Health & Health Services Block Grant CFDA93.991
$158,382
$158,382
$158,382
TOTAL AGENCY FUNDS
$561,134
$561,134
$561,134
Sales and Services
$561,134
$561,134
$561,134
Sales and Services Not Itemized
$561,134
$561,134
$561,134
TOTAL PUBLIC FUNDS
$4,848,548
$4,848,548
$4,848,548
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.
3076
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$93,242,955 $93,242,955 $93,242,955
$93,242,955 $93,242,955 $93,242,955
$93,242,955 $93,242,955 $93,242,955
249.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$3,493,512
$3,493,512
$3,493,512
249.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$2,086,175
$2,086,175
$2,086,175
249.3 Increase funds for the fifth year phase-in of the new grant-in-aid formula to hold harmless all counties.
State General Funds
$1,388,991
$1,388,991
$1,388,991
249.4 Increase funds for personnel.
State General Funds
$132,315
$132,315
$132,315
249.100 -Public Health Formula Grants to Counties
Appropriation (HB 76)
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
$100,343,948 $100,343,948 $100,343,948
State General Funds
$100,343,948 $100,343,948 $100,343,948
TOTAL PUBLIC FUNDS
$100,343,948 $100,343,948 $100,343,948
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
$3,729,971 $3,729,971
$530,680 $530,680 $4,260,651
$3,729,971 $3,729,971
$530,680 $530,680 $4,260,651
$3,729,971 $3,729,971
$530,680 $530,680 $4,260,651
250.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$38,928
$38,928
$38,928
250.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$17,354
$17,354
$17,354
MONDAY, MARCH 23, 2015
3077
250.100 -Vital Records
Appropriation (HB 76)
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
$3,786,253
$3,786,253
$3,786,253
State General Funds
$3,786,253
$3,786,253
$3,786,253
TOTAL FEDERAL FUNDS
$530,680
$530,680
$530,680
Federal Funds Not Itemized
$530,680
$530,680
$530,680
TOTAL PUBLIC FUNDS
$4,316,933
$4,316,933
$4,316,933
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
$1,784,064 $0
$1,784,064 $1,784,064
$1,784,064 $0
$1,784,064 $1,784,064
$1,784,064 $0
$1,784,064 $1,784,064
251.1 Reduce funds to reflect FY2014 collections.
Brain & Spinal Injury Trust Fund
($325,497)
($325,497)
251.2 Utilize prior year funds ($325,497) to maintain budget at current level. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
($325,497) $0
251.100 -Brain and Spinal Injury Trust Fund
Appropriation (HB 76)
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
$1,458,567
$1,458,567
$1,458,567
Brain & Spinal Injury Trust Fund
$1,458,567
$1,458,567
$1,458,567
TOTAL PUBLIC FUNDS
$1,458,567
$1,458,567
$1,458,567
3078
JOURNAL OF THE HOUSE
Georgia Trauma Care Network Commission
Continuation Budget
The purpose of this appropriation is to establish, maintain, and administer a trauma center network, to coordinate the best use of
existing trauma facilities and to direct patients to the best available facility for treatment of traumatic injury and participate in the
accountability mechanism for the entire Georgia trauma system, primarily overseeing the flow of funds for system improvement.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$16,360,468 $16,360,468 $16,360,468
$16,360,468 $16,360,468 $16,360,468
$16,360,468 $16,360,468 $16,360,468
252.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$8,298
$8,298
$8,298
252.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$3,728
$3,728
$3,728
252.3 Transfer funds from the Georgia Trauma Care Network Commission to the Department of Public Health Emergency
Preparedness/Trauma System Improvement program to reflect the movement of statutory responsibilities in SB60 (2007 Session).
State General Funds
($2,834,053)
$0
252.100-Georgia Trauma Care Network Commission
Appropriation (HB 76)
The purpose of this appropriation is to establish, maintain, and administer a trauma center network, to coordinate the best use of
existing trauma facilities and to direct patients to the best available facility for treatment of traumatic injury and participate in the
accountability mechanism for the entire Georgia trauma system, primarily overseeing the flow of funds for system improvement.
TOTAL STATE FUNDS
$16,372,494 $13,538,441 $16,372,494
State General Funds
$16,372,494 $13,538,441 $16,372,494
TOTAL PUBLIC FUNDS
$16,372,494 $13,538,441 $16,372,494
Section 38: Public Safety, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers
Section Total - Continuation
$130,656,876 $130,656,876 $130,656,876 $130,656,876 $24,245,725 $24,245,725 $24,245,725 $24,245,725 $45,092,735 $45,092,735 $26,519,089 $26,519,089
$130,656,876 $130,656,876 $24,245,725 $24,245,725 $45,092,735 $26,519,089
MONDAY, MARCH 23, 2015
3079
Intergovernmental Transfers 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
$26,519,089 $17,773,646 $17,773,646
$800,000 $800,000 $331,585 $331,585 $331,585 $200,326,921
$26,519,089 $17,773,646 $17,773,646
$800,000 $800,000 $331,585 $331,585 $331,585 $200,326,921
$26,519,089 $17,773,646 $17,773,646
$800,000 $800,000 $331,585 $331,585 $331,585 $200,326,921
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 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
$142,702,911 $142,702,911 $24,245,725 $24,245,725 $38,773,845 $20,758,250 $20,758,250 $17,215,595 $17,215,595
$800,000 $800,000 $331,585 $331,585 $331,585 $206,054,066
$142,852,911 $142,852,911 $24,245,725 $24,245,725 $38,773,845 $20,758,250 $20,758,250 $17,215,595 $17,215,595
$800,000 $800,000 $331,585 $331,585 $331,585 $206,204,066
$141,666,370 $141,666,370 $24,245,725 $24,245,725 $38,773,845 $20,758,250 $20,758,250 $17,215,595 $17,215,595
$800,000 $800,000 $331,585 $331,585 $331,585 $205,017,525
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
transport, and to support local and federal agencies in public safety efforts with aerial surveillance and observation.
3080
JOURNAL OF THE HOUSE
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
$3,898,799 $3,898,799
$243,034 $243,034 $7,100,000 $7,000,000 $7,000,000 $100,000 $100,000 $11,241,833
$3,898,799 $3,898,799
$243,034 $243,034 $7,100,000 $7,000,000 $7,000,000 $100,000 $100,000 $11,241,833
$3,898,799 $3,898,799
$243,034 $243,034 $7,100,000 $7,000,000 $7,000,000 $100,000 $100,000 $11,241,833
253.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$41,800
$41,800
$41,800
253.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$15,624
$15,624
$15,624
253.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($2,178)
($2,178)
($2,178)
253.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$358
$358
$358
253.5 Increase funds to provide matching funds for the Perry Airport hangar building.
State General Funds
$150,000
$0
253.100 -Aviation
Appropriation (HB 76)
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
transport, and to support local and federal agencies in public safety efforts with aerial surveillance and observation.
TOTAL STATE FUNDS
$3,954,403
$4,104,403
$3,954,403
State General Funds
$3,954,403
$4,104,403
$3,954,403
TOTAL FEDERAL FUNDS
$243,034
$243,034
$243,034
Federal Funds Not Itemized
$243,034
$243,034
$243,034
TOTAL AGENCY FUNDS
$7,100,000
$7,100,000
$7,100,000
Intergovernmental Transfers
$7,000,000
$7,000,000
$7,000,000
MONDAY, MARCH 23, 2015
3081
Intergovernmental Transfers Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$7,000,000 $100,000 $100,000
$11,297,437
$7,000,000 $100,000 $100,000
$11,447,437
$7,000,000 $100,000 $100,000
$11,297,437
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
254.100 -Capitol Police Services
Appropriation (HB 76)
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.
TOTAL STATE FUNDS State General Funds
$8,483,941 $8,483,941
$8,483,941 $8,483,941
$8,483,941 $8,483,941
3082
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
$141,571 $141,571
$3,510 $3,510 $3,510 $8,629,022
$141,571 $141,571
$3,510 $3,510 $3,510 $8,629,022
$141,571 $141,571
$3,510 $3,510 $3,510 $8,629,022
255.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$110,194
$110,194
$110,194
255.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$49,090
$49,090
$49,090
255.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($8,977)
($8,977)
($8,977)
255.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$30,223
$30,223
$30,223
255.100-Departmental Administration
Appropriation (HB 76)
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
$8,664,471
$8,664,471
$8,664,471
State General Funds
$8,664,471
$8,664,471
$8,664,471
TOTAL FEDERAL FUNDS
$141,571
$141,571
$141,571
Federal Funds Not Itemized
$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
$8,809,552
$8,809,552
$8,809,552
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
MONDAY, MARCH 23, 2015
3083
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 Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS
$89,881,107 $89,881,107
$2,611,501 $2,611,501 $14,257,745 $13,407,745 $13,407,745
$50,000 $50,000 $800,000 $800,000 $106,750,353
$89,881,107 $89,881,107
$2,611,501 $2,611,501 $14,257,745 $13,407,745 $13,407,745
$50,000 $50,000 $800,000 $800,000 $106,750,353
$89,881,107 $89,881,107
$2,611,501 $2,611,501 $14,257,745 $13,407,745 $13,407,745
$50,000 $50,000 $800,000 $800,000 $106,750,353
256.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$1,484,787
$1,484,787
$1,484,787
256.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$561,635
$561,635
$561,635
256.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($137,802)
($137,802)
($137,802)
256.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$884
$884
$884
256.5 Increase funds for personnel and operations to meet projected expenditures. (S:Increase funds for personnel and operations to
meet projected expenditures and defer funding consideration for retirement payout amounts until the Amended 2016 budget)
State General Funds
$2,357,184
$2,357,184
$1,320,643
256.6 Replace funds from the State Road and Tollway Authority contract to continue providing highway enforcement along metro-
Atlanta corridors.
State General Funds
$6,100,000
$6,100,000
$6,100,000
Intergovernmental Transfers Not Itemized
($5,760,839) ($5,760,839) ($5,760,839)
Total Public Funds:
$339,161
$339,161
$339,161
3084
JOURNAL OF THE HOUSE
256.98 Transfer funds for all activities and functions, 15 positions and 17 vehicles related to the Troop J Specialty Units program to
the Field Offices and Services program to consolidate program operations.
State General Funds
$1,568,965
$1,568,965
$1,568,965
256.100-Field Offices and Services
Appropriation (HB 76)
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
$101,816,760 $101,816,760 $100,780,219
State General Funds
$101,816,760 $101,816,760 $100,780,219
TOTAL FEDERAL FUNDS
$2,611,501
$2,611,501
$2,611,501
Federal Funds Not Itemized
$2,611,501
$2,611,501
$2,611,501
TOTAL AGENCY FUNDS
$8,496,906
$8,496,906
$8,496,906
Intergovernmental Transfers
$7,646,906
$7,646,906
$7,646,906
Intergovernmental Transfers Not Itemized
$7,646,906
$7,646,906
$7,646,906
Sales and Services
$50,000
$50,000
$50,000
Sales and Services Not Itemized
$50,000
$50,000
$50,000
Sanctions, Fines, and Penalties
$800,000
$800,000
$800,000
Sanctions, Fines, and Penalties Not Itemized
$800,000
$800,000
$800,000
TOTAL PUBLIC FUNDS
$112,925,167 $112,925,167 $111,888,626
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
$9,913,578 $9,913,578 $2,591,061 $2,591,061 $8,843,759
$9,913,578 $9,913,578 $2,591,061 $2,591,061 $8,843,759
$9,913,578 $9,913,578 $2,591,061 $2,591,061 $8,843,759
MONDAY, MARCH 23, 2015
3085
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$455,956 $455,956 $8,387,803 $8,387,803 $21,348,398
$455,956 $455,956 $8,387,803 $8,387,803 $21,348,398
$455,956 $455,956 $8,387,803 $8,387,803 $21,348,398
257.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$110,883
$110,883
$110,883
257.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$60,816
$60,816
$60,816
257.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($18,825)
($18,825)
($18,825)
257.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$3,806
$3,806
$3,806
257.100-Motor Carrier Compliance
Appropriation (HB 76)
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
$10,070,258 $10,070,258 $10,070,258
State General Funds
$10,070,258 $10,070,258 $10,070,258
TOTAL FEDERAL FUNDS
$2,591,061
$2,591,061
$2,591,061
Federal Funds Not Itemized
$2,591,061
$2,591,061
$2,591,061
TOTAL AGENCY FUNDS
$8,843,759
$8,843,759
$8,843,759
Intergovernmental Transfers
$455,956
$455,956
$455,956
Intergovernmental Transfers Not Itemized
$455,956
$455,956
$455,956
Sales and Services
$8,387,803
$8,387,803
$8,387,803
Sales and Services Not Itemized
$8,387,803
$8,387,803
$8,387,803
TOTAL PUBLIC FUNDS
$21,505,078 $21,505,078 $21,505,078
3086
JOURNAL OF THE HOUSE
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
$1,568,965 $1,568,965 $1,568,965
$1,568,965 $1,568,965 $1,568,965
$1,568,965 $1,568,965 $1,568,965
258.98 Transfer funds for all activities and functions, 15 positions and 17 vehicles related to the Troop J Specialty Units program to
the Field Offices and Services program to consolidate program operations.
State General Funds
($1,568,965) ($1,568,965) ($1,568,965)
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 firefighters.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$679,657 $679,657 $679,657
$679,657 $679,657 $679,657
$679,657 $679,657 $679,657
259.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$11,716
$11,716
$11,716
259.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$4,537
$4,537
$4,537
259.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($46)
($46)
($46)
259.100-Firefighter Standards and Training Council, Georgia
Appropriation (HB 76)
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.
MONDAY, MARCH 23, 2015
3087
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$695,864 $695,864 $695,864
$695,864 $695,864 $695,864
$695,864 $695,864 $695,864
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
$3,483,719 $3,483,719 $17,358,120 $17,358,120
$337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,378,121
$3,483,719 $3,483,719 $17,358,120 $17,358,120
$337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,378,121
$3,483,719 $3,483,719 $17,358,120 $17,358,120
$337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,378,121
260.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$7,690
$7,690
$7,690
260.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$2,871
$2,871
$2,871
260.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$606
$606
$606
260.100 -Highway Safety, Office of
Appropriation (HB 76)
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
$3,494,886
$3,494,886
$3,494,886
State General Funds
$3,494,886
$3,494,886
$3,494,886
3088
JOURNAL OF THE HOUSE
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
$17,358,120 $17,358,120
$337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,389,288
$17,358,120 $17,358,120
$337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,389,288
$17,358,120 $17,358,120
$337,102 $337,102 $337,102 $199,180 $199,180 $199,180 $21,389,288
Peace Officer Standards and Training Council, Georgia
Continuation Budget
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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$1,860,222 $1,860,222
$558,051 $558,051 $558,051 $2,418,273
$1,860,222 $1,860,222
$558,051 $558,051 $558,051 $2,418,273
$1,860,222 $1,860,222
$558,051 $558,051 $558,051 $2,418,273
261.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$21,408
$21,408
$21,408
261.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$11,784
$11,784
$11,784
261.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$2,472
$2,472
$2,472
MONDAY, MARCH 23, 2015
3089
261.4 Replace funds for operations. State General Funds Sales and Services Not Itemized Total Public Funds: 261.5 Increase funds for personnel and operations for two certification specialists. State General Funds 261.6 Increase funds for personnel and operations for one investigator. State General Funds 261.7 Increase funds for personnel and operations for one hearing officer. State General Funds
$755,816 ($558,051) $197,765
$87,058
$83,330
$82,229
$755,816 ($558,051) $197,765
$87,058
$83,330
$82,229
$755,816 ($558,051) $197,765
$87,058
$83,330
$82,229
261.100 -Peace Officer Standards and Training Council, Georgia
Appropriation (HB 76)
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 STATE FUNDS
$2,904,319
$2,904,319
$2,904,319
State General Funds
$2,904,319
$2,904,319
$2,904,319
TOTAL PUBLIC FUNDS
$2,904,319
$2,904,319
$2,904,319
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
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
$10,886,888 $10,886,888
$1,300,438 $1,300,438 $6,620,069 $5,655,388 $5,655,388
$964,681 $964,681
$10,886,888 $10,886,888
$1,300,438 $1,300,438 $6,620,069 $5,655,388 $5,655,388
$964,681 $964,681
$10,886,888 $10,886,888
$1,300,438 $1,300,438 $6,620,069 $5,655,388 $5,655,388
$964,681 $964,681
3090
JOURNAL OF THE HOUSE
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
$132,405 $132,405 $132,405 $18,939,800
$132,405 $132,405 $132,405 $18,939,800
$132,405 $132,405 $132,405 $18,939,800
262.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$135,456
$135,456
$135,456
262.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$64,824
$64,824
$64,824
262.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$14,782
$14,782
$14,782
262.100-Public Safety Training Center, Georgia
Appropriation (HB 76)
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
$11,101,950 $11,101,950 $11,101,950
State General Funds
$11,101,950 $11,101,950 $11,101,950
TOTAL FEDERAL FUNDS
$1,300,438
$1,300,438
$1,300,438
Federal Funds Not Itemized
$1,300,438
$1,300,438
$1,300,438
TOTAL AGENCY FUNDS
$6,620,069
$6,620,069
$6,620,069
Intergovernmental Transfers
$5,655,388
$5,655,388
$5,655,388
Intergovernmental Transfers Not Itemized
$5,655,388
$5,655,388
$5,655,388
Sales and Services
$964,681
$964,681
$964,681
Sales and Services Not Itemized
$964,681
$964,681
$964,681
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$132,405
$132,405
$132,405
State Funds Transfers
$132,405
$132,405
$132,405
Agency to Agency Contracts
$132,405
$132,405
$132,405
TOTAL PUBLIC FUNDS
$19,154,862 $19,154,862 $19,154,862
MONDAY, MARCH 23, 2015
Section 39: Public Service Commission
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Continuation
$8,056,996
$8,056,996
$8,056,996
$8,056,996
$1,343,100
$1,343,100
$1,343,100
$1,343,100
$9,400,096
$9,400,096
$8,056,996 $8,056,996 $1,343,100 $1,343,100 $9,400,096
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$8,277,398 $8,277,398 $1,343,100 $1,343,100 $9,620,498
$8,587,398 $8,587,398 $1,343,100 $1,343,100 $9,930,498
$8,382,398 $8,382,398 $1,343,100 $1,343,100 $9,725,498
Commission Administration
Continuation Budget
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 Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$1,167,057 $1,167,057
$83,500 $83,500 $1,250,557
$1,167,057 $1,167,057
$83,500 $83,500 $1,250,557
$1,167,057 $1,167,057
$83,500 $83,500 $1,250,557
263.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$19,136
$19,136
$19,136
263.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$12,669
$12,669
$12,669
263.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$544
$544
$544
263.4 Increase funds for one-time information technology purchases.
State General Funds
$100,000
$0
3091
3092
JOURNAL OF THE HOUSE
263.100 -Commission Administration
Appropriation (HB 76)
The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals.
TOTAL STATE FUNDS
$1,199,406
$1,299,406
$1,199,406
State General Funds
$1,199,406
$1,299,406
$1,199,406
TOTAL FEDERAL FUNDS
$83,500
$83,500
$83,500
Federal Funds Not Itemized
$83,500
$83,500
$83,500
TOTAL PUBLIC FUNDS
$1,282,906
$1,382,906
$1,282,906
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
$1,008,888 $1,008,888 $1,231,100 $1,231,100 $2,239,988
$1,008,888 $1,008,888 $1,231,100 $1,231,100 $2,239,988
$1,008,888 $1,008,888 $1,231,100 $1,231,100 $2,239,988
264.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$29,625
$29,625
$29,625
264.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$9,128
$9,128
$9,128
264.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$1,087
$1,087
$1,087
264.100-Facility Protection
Appropriation (HB 76)
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
$1,048,728
$1,048,728
$1,048,728
State General Funds
$1,048,728
$1,048,728
$1,048,728
TOTAL FEDERAL FUNDS
$1,231,100
$1,231,100
$1,231,100
MONDAY, MARCH 23, 2015
3093
Federal Funds Not Itemized TOTAL PUBLIC FUNDS
$1,231,100 $2,279,828
$1,231,100 $2,279,828
$1,231,100 $2,279,828
Utilities Regulation
Continuation Budget
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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$5,881,051 $5,881,051
$28,500 $28,500 $5,909,551
$5,881,051 $5,881,051
$28,500 $28,500 $5,909,551
$5,881,051 $5,881,051
$28,500 $28,500 $5,909,551
265.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$82,856
$82,856
$82,856
265.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$62,806
$62,806
$62,806
265.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$2,551
$2,551
$2,551
265.4 Increase funds to annualize a utilities cost analyst position for the Plant Vogtle project.
State General Funds
$105,000
$105,000
265.5 Increase funds for personnel for an Energy, Efficiency and Renewable Energy (EERE) section analyst position.
State General Funds
$105,000
$0
265.100 -Utilities Regulation
Appropriation (HB 76)
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.
3094
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
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 Record Center Storage Fees Sales and Services Not Itemized Tuition and Fees for Higher Education
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers University System of Georgia Research Funds
$6,029,264 $6,029,264
$28,500 $28,500 $6,057,764
$6,239,264 $6,239,264
$28,500 $28,500 $6,267,764
$6,134,264 $6,134,264
$28,500 $28,500 $6,162,764
Section Total - Continuation
$1,939,087,764 $1,939,087,764 $1,939,087,764
$1,939,087,764 $1,939,087,764 $1,939,087,764
$4,767,772,976 $4,767,772,976 $4,767,772,976
$4,859,226
$4,859,226
$4,859,226
$4,859,226
$4,859,226
$4,859,226
$2,151,268,018 $2,151,268,018 $2,151,268,018
$2,012,046,274 $2,012,046,274 $2,012,046,274
$139,221,744 $139,221,744 $139,221,744
$239,280,835 $239,280,835 $239,280,835
$239,280,835 $239,280,835 $239,280,835
$2,372,364,897 $2,372,364,897 $2,372,364,897
$592,381
$592,381
$592,381
$556,232,969 $556,232,969 $556,232,969
$1,815,539,547 $1,815,539,547 $1,815,539,547
$6,706,860,740 $6,706,860,740 $6,706,860,740
Section Total - Final
$2,018,020,479 $2,017,773,321
$247,158 $4,767,772,976
$4,859,226 $4,859,226 $2,151,268,018 $2,012,046,274
$2,020,597,567 $2,020,350,409
$247,158 $4,767,772,976
$4,859,226 $4,859,226 $2,151,268,018 $2,012,046,274
$2,019,156,175 $2,018,909,017
$247,158 $4,767,772,976
$4,859,226 $4,859,226 $2,151,268,018 $2,012,046,274
MONDAY, MARCH 23, 2015
3095
Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements
Rebates, Refunds, and Reimbursements Not Itemized Sales and Services
Record Center Storage Fees Sales and Services Not Itemized Tuition and Fees for Higher Education TOTAL PUBLIC FUNDS
$139,221,744 $239,280,835 $239,280,835 $2,372,364,897
$592,381 $556,232,969 $1,815,539,547 $6,785,793,455
$139,221,744 $239,280,835 $239,280,835 $2,372,364,897
$592,381 $556,232,969 $1,815,539,547 $6,788,370,543
$139,221,744 $239,280,835 $239,280,835 $2,372,364,897
$592,381 $556,232,969 $1,815,539,547 $6,786,929,151
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
$36,858,936 $36,858,936 $37,552,919 $22,000,000 $22,000,000
$9,552,919 $9,552,919 $6,000,000 $6,000,000 $74,411,855
$36,858,936 $36,858,936 $37,552,919 $22,000,000 $22,000,000
$9,552,919 $9,552,919 $6,000,000 $6,000,000 $74,411,855
$36,858,936 $36,858,936 $37,552,919 $22,000,000 $22,000,000
$9,552,919 $9,552,919 $6,000,000 $6,000,000 $74,411,855
266.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$241,710
$241,710
$241,710
266.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$236,381
$236,381
$236,381
266.3 Increase funds for the employer share of health insurance ($431,760) and retiree health benefits ($205,740).
State General Funds
$637,500
$637,500
$637,500
266.4 Increase funds for personnel for research and scientist positions, to include: Agronomist ($180,000), Ornamental
Horticulturalist ($180,000), and Cotton Physiologist ($160,000).
State General Funds
$520,000
$520,000
3096
JOURNAL OF THE HOUSE
266.100-Agricultural Experiment Station
Appropriation (HB 76)
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
$37,974,527 $38,494,527 $38,494,527
State General Funds
$37,974,527 $38,494,527 $38,494,527
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
Rebates, Refunds, and Reimbursements
$9,552,919
$9,552,919
$9,552,919
Rebates, Refunds, and Reimbursements Not Itemized
$9,552,919
$9,552,919
$9,552,919
Sales and Services
$6,000,000
$6,000,000
$6,000,000
Sales and Services Not Itemized
$6,000,000
$6,000,000
$6,000,000
TOTAL PUBLIC FUNDS
$75,527,446 $76,047,446 $76,047,446
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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$0 $0 $5,785,273 $375,000 $375,000 $5,410,273 $5,410,273 $5,785,273
$0 $0 $5,785,273 $375,000 $375,000 $5,410,273 $5,410,273 $5,785,273
$0 $0 $5,785,273 $375,000 $375,000 $5,410,273 $5,410,273 $5,785,273
267.100 -Athens and Tifton Veterinary Laboratories
Appropriation (HB 76)
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
$5,785,273 $375,000
$5,785,273 $375,000
$5,785,273 $375,000
MONDAY, MARCH 23, 2015
3097
University System of Georgia Research Funds Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$375,000 $5,410,273 $5,410,273 $5,785,273
$375,000 $5,410,273 $5,410,273 $5,785,273
$375,000 $5,410,273 $5,410,273 $5,785,273
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
$30,465,088 $30,465,088 $25,083,929
$3,750,000 $3,750,000 $7,606,177 $7,606,177 $13,727,752 $13,727,752 $55,549,017
$30,465,088 $30,465,088 $25,083,929
$3,750,000 $3,750,000 $7,606,177 $7,606,177 $13,727,752 $13,727,752 $55,549,017
$30,465,088 $30,465,088 $25,083,929
$3,750,000 $3,750,000 $7,606,177 $7,606,177 $13,727,752 $13,727,752 $55,549,017
268.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$292,653
$292,653
$292,653
268.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$237,813
$237,813
$237,813
268.3 Increase funds for the employer share of health insurance ($701,260) and retiree health benefits ($230,604).
State General Funds
$931,864
$931,864
$931,864
268.4 Increase funds for personnel for six extension agents in Bryan County, Bulloch County, Carroll County, Crawford County,
Colquitt County, and Decatur County. (H and S:Increase funds for personnel for six extension agents)
State General Funds
$360,000
$360,000
$360,000
268.100 -Cooperative Extension Service
Appropriation (HB 76)
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.
3098
JOURNAL OF THE HOUSE
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
$32,287,418 $32,287,418 $25,083,929
$3,750,000 $3,750,000 $7,606,177 $7,606,177 $13,727,752 $13,727,752 $57,371,347
$32,287,418 $32,287,418 $25,083,929
$3,750,000 $3,750,000 $7,606,177 $7,606,177 $13,727,752 $13,727,752 $57,371,347
$32,287,418 $32,287,418 $25,083,929
$3,750,000 $3,750,000 $7,606,177 $7,606,177 $13,727,752 $13,727,752 $57,371,347
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
$7,274,703 $7,274,703 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,749,703
$7,274,703 $7,274,703 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,749,703
$7,274,703 $7,274,703 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,749,703
269.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$17,337
$17,337
$17,337
269.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$56,479
$56,479
$56,479
269.3 Increase funds for the employer share of health insurance ($33,565) and retiree health benefits ($8,851).
State General Funds
$42,416
$42,416
$42,416
MONDAY, MARCH 23, 2015
3099
269.4 Increase funds for three faculty positions and additional space for the Advanced Technology Development Center's (ATDC)
Advanced Computing program ($393,603) and transfer funds from the Teaching program for ATDC operations ($22,309).
(H:Increase funds for the Advanced Technology Development Center)(S:Utilize agency revenue generated for the startup costs for the
Advanced Computing program)
State General Funds
$415,912
$729,600
$415,912
269.100 -Enterprise Innovation Institute
Appropriation (HB 76)
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
$7,806,847
$8,120,535
$7,806,847
State General Funds
$7,806,847
$8,120,535
$7,806,847
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
$18,281,847 $18,595,535 $18,281,847
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
$502,941 $502,941 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,929
$502,941 $502,941 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,929
$502,941 $502,941 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,929
3100
JOURNAL OF THE HOUSE
270.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$1,381
$1,381
$1,381
270.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$3,445
$3,445
$3,445
270.3 Increase funds for the employer share of health insurance.
State General Funds
$2,664
$2,664
$2,664
270.4 Increase funds for personnel for research positions to include: Forest Health ($100,000), Wildlife ($80,000), and Economics
and Taxation ($120,000).
State General Funds
$300,000
$300,000
270.100-Forestry Cooperative Extension
Appropriation (HB 76)
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
$510,431
$810,431
$810,431
State General Funds
$510,431
$810,431
$810,431
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
$1,086,419
$1,386,419
$1,386,419
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
$2,651,747 $2,651,747 $10,250,426 $9,000,000 $9,000,000
$590,634 $590,634
$2,651,747 $2,651,747 $10,250,426 $9,000,000 $9,000,000
$590,634 $590,634
$2,651,747 $2,651,747 $10,250,426 $9,000,000 $9,000,000
$590,634 $590,634
MONDAY, MARCH 23, 2015
3101
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$659,792 $659,792 $12,902,173
$659,792 $659,792 $12,902,173
$659,792 $659,792 $12,902,173
271.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$10,444
$10,444
$10,444
271.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$18,170
$18,170
$18,170
271.3 Reduce funds for the employer share of health insurance (-$47,743) and retiree health benefits ($27,768).
State General Funds
($19,975)
($19,975)
($19,975)
271.100-Forestry Research
Appropriation (HB 76)
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
$2,660,386
$2,660,386
$2,660,386
State General Funds
$2,660,386
$2,660,386
$2,660,386
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
$12,910,812 $12,910,812 $12,910,812
Georgia Archives
Continuation Budget
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 State General Funds
TOTAL AGENCY FUNDS
$4,627,469 $4,627,469
$689,281
$4,627,469 $4,627,469
$689,281
$4,627,469 $4,627,469
$689,281
3102
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 $667,381 $592,381 $75,000 $5,316,750
$21,900 $21,900 $667,381 $592,381 $75,000 $5,316,750
$21,900 $21,900 $667,381 $592,381 $75,000 $5,316,750
272.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$5,491
$5,491
$5,491
272.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$10,492
$10,492
$10,492
272.3 Increase funds for the employer share of health insurance (-$447) and retiree health benefits ($3,247).
State General Funds
$2,800
$2,800
$2,800
272.100-Georgia Archives
Appropriation (HB 76)
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
$4,646,252
$4,646,252
$4,646,252
State General Funds
$4,646,252
$4,646,252
$4,646,252
TOTAL AGENCY FUNDS
$689,281
$689,281
$689,281
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
$667,381
$667,381
$667,381
Record Center Storage Fees
$592,381
$592,381
$592,381
Sales and Services Not Itemized
$75,000
$75,000
$75,000
TOTAL PUBLIC FUNDS
$5,335,533
$5,335,533
$5,335,533
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.
MONDAY, MARCH 23, 2015
3103
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS
$0 $0 $4,837,326 $4,837,326 $4,837,326 $4,837,326
$0 $0 $4,837,326 $4,837,326 $4,837,326 $4,837,326
$0 $0 $4,837,326 $4,837,326 $4,837,326 $4,837,326
273.100-Georgia Radiation Therapy Center
Appropriation (HB 76)
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
$4,837,326 $4,837,326 $4,837,326 $4,837,326
$4,837,326 $4,837,326 $4,837,326 $4,837,326
$4,837,326 $4,837,326 $4,837,326 $4,837,326
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
$5,629,947 $5,629,947 $314,011,962 $208,042,709 $208,042,709 $92,254,140 $92,254,140 $13,715,113 $13,715,113 $319,641,909
$5,629,947 $5,629,947 $314,011,962 $208,042,709 $208,042,709 $92,254,140 $92,254,140 $13,715,113 $13,715,113 $319,641,909
$5,629,947 $5,629,947 $314,011,962 $208,042,709 $208,042,709 $92,254,140 $92,254,140 $13,715,113 $13,715,113 $319,641,909
3104
JOURNAL OF THE HOUSE
274.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$4,763
$4,763
$4,763
274.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$27,495
$27,495
$27,495
274.3 Increase funds for the employer share of health insurance ($29,300) and retiree health benefits ($2,935).
State General Funds
$32,235
$32,235
$32,235
274.100-Georgia Tech Research Institute
Appropriation (HB 76)
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
$5,694,440
$5,694,440
$5,694,440
State General Funds
$5,694,440
$5,694,440
$5,694,440
TOTAL AGENCY FUNDS
$314,011,962 $314,011,962 $314,011,962
Intergovernmental Transfers
$208,042,709 $208,042,709 $208,042,709
University System of Georgia Research Funds
$208,042,709 $208,042,709 $208,042,709
Rebates, Refunds, and Reimbursements
$92,254,140 $92,254,140 $92,254,140
Rebates, Refunds, and Reimbursements Not Itemized
$92,254,140 $92,254,140 $92,254,140
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
$319,706,402 $319,706,402 $319,706,402
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
$728,632 $728,632 $486,281 $367,648 $367,648 $118,633
$728,632 $728,632 $486,281 $367,648 $367,648 $118,633
$728,632 $728,632 $486,281 $367,648 $367,648 $118,633
MONDAY, MARCH 23, 2015
3105
Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS
$118,633 $1,214,913
$118,633 $1,214,913
$118,633 $1,214,913
275.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$4,345
$4,345
$4,345
275.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$4,676
$4,676
$4,676
275.3 Increase funds for the employer share of health insurance.
State General Funds
$19,776
$19,776
$19,776
275.4 Increase funds for maintenance of facilities.
State General Funds
$169,569
275.100 -Marine Institute
Appropriation (HB 76)
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
$757,429
$757,429
$926,998
State General Funds
$757,429
$757,429
$926,998
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
$1,243,710
$1,243,710
$1,413,279
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 University System of Georgia Research Funds
$1,214,511 $1,214,511 $1,345,529
$600,000 $600,000
$1,214,511 $1,214,511 $1,345,529
$600,000 $600,000
$1,214,511 $1,214,511 $1,345,529
$600,000 $600,000
3106
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
$90,000 $90,000 $655,529 $655,529 $2,560,040
$90,000 $90,000 $655,529 $655,529 $2,560,040
$90,000 $90,000 $655,529 $655,529 $2,560,040
276.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$10,204
$10,204
$10,204
276.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$9,970
$9,970
$9,970
276.3 Increase funds for the employer share of health insurance.
State General Funds
$9,024
$9,024
$9,024
276.100 -Marine Resources Extension Center
Appropriation (HB 76)
The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic
sustainability.
TOTAL STATE FUNDS
$1,243,709
$1,243,709
$1,243,709
State General Funds
$1,243,709
$1,243,709
$1,243,709
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
$2,589,238
$2,589,238
$2,589,238
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.
MONDAY, MARCH 23, 2015
3107
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$28,569,119 $28,569,119 $28,569,119
$28,569,119 $28,569,119 $28,569,119
$28,569,119 $28,569,119 $28,569,119
277.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$271,656
$271,656
$271,656
277.100 -Medical College of Georgia Hospital and Clinics
Appropriation (HB 76)
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
$28,840,775 $28,840,775 $28,840,775
State General Funds
$28,840,775 $28,840,775 $28,840,775
TOTAL PUBLIC FUNDS
$28,840,775 $28,840,775 $28,840,775
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
$32,310,084 $32,310,084
$5,222,400 $5,222,400 $5,222,400 $37,532,484
$32,310,084 $32,310,084
$5,222,400 $5,222,400 $5,222,400 $37,532,484
$32,310,084 $32,310,084
$5,222,400 $5,222,400 $5,222,400 $37,532,484
278.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$201,955
$201,955
$201,955
278.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$194,660
$194,660
$194,660
278.3 Increase funds for the employer share of health insurance.
State General Funds
$4,667
$4,667
$4,667
278.4 Increase funds for the New Directions formula based on an increase in state population.
State General Funds
$158,154
$158,154
$158,154
3108
JOURNAL OF THE HOUSE
278.5 Provide performance measures in future fiscal years relating to library loans of digital media versus traditional book
circulation. (S:YES)
State General Funds
$0
278.100 -Public Libraries
Appropriation (HB 76)
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
$32,869,520 $32,869,520 $32,869,520
State General Funds
$32,869,520 $32,869,520 $32,869,520
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
$38,091,920 $38,091,920 $38,091,920
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
$25,526,120 $25,526,120 $25,526,120
$25,526,120 $25,526,120 $25,526,120
$25,526,120 $25,526,120 $25,526,120
279.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$155,643
$155,643
$155,643
279.2 Increase funds to continue the establishment and development of the Georgia Film Academy through a cooperative
partnership between the University System and the Technical College System.
State General Funds
$2,565,600
$2,565,600
$2,565,600
279.3 Transfer funds from the Department of Economic Development to the Board of Regents for the Georgia Research Alliance
contract.
State General Funds
$5,097,451
$5,097,451
$5,097,451
Tobacco Settlement Funds
$247,158
$247,158
$247,158
Total Public Funds:
$5,344,609
$5,344,609
$5,344,609
MONDAY, MARCH 23, 2015
3109
279.4 Increase funds for the Georgia Youth Science and Technology Center.
State General Funds
$300,000
$300,000
279.5 Reduce funds for film curriculum development.
State General Funds
($400,000)
($200,000)
279.6 Reduce funds for graduate medical education and transfer savings to the Georgia Board for Physician Workforce, attached to
the Department of Community Health.
State General Funds
($1,000,000) ($1,000,000)
279.7 Utilize existing funds ($3,000,000) to implement the Desire to Learn (D2L) Data Analytics at USG institutions. (S:YES)
State General Funds
$0
279.100 -Public Service / Special Funding Initiatives
Appropriation (HB 76)
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
$33,591,972 $32,491,972 $32,691,972
State General Funds
$33,344,814 $32,244,814 $32,444,814
Tobacco Settlement Funds
$247,158
$247,158
$247,158
TOTAL PUBLIC FUNDS
$33,591,972 $32,491,972 $32,691,972
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
$11,549,268 $11,549,268 $11,549,268
$11,549,268 $11,549,268 $11,549,268
$11,549,268 $11,549,268 $11,549,268
280.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$35,746
$35,746
$35,746
280.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$26,941
$26,941
$26,941
280.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$41,754
$41,754
$41,754
3110
JOURNAL OF THE HOUSE
280.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$1,692,597
$19,798
$19,798
280.5 Increase funds for the employer share of health insurance ($65,775) and retiree health benefits ($32,472).
State General Funds
$98,247
$98,247
$98,247
280.6 Increase funds for personnel for an evaluation and assessment specialist position to ensure that teacher and leader
preparation programs within the University System of Georgia are training classroom ready teachers.
State General Funds
$96,000
$96,000
$96,000
280.7 Increase funds to the Southern Regional Education Board to reflect FY2016 dues and contract amounts.
State General Funds
$27,200
$27,200
$27,200
280.100 -Regents Central Office
Appropriation (HB 76)
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
$13,567,753 $11,894,954 $11,894,954
State General Funds
$13,567,753 $11,894,954 $11,894,954
TOTAL PUBLIC FUNDS
$13,567,753 $11,894,954 $11,894,954
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
$1,240,167 $1,240,167 $3,800,620 $2,750,620 $2,750,620
$500,000 $500,000 $550,000 $550,000 $5,040,787
$1,240,167 $1,240,167 $3,800,620 $2,750,620 $2,750,620
$500,000 $500,000 $550,000 $550,000 $5,040,787
$1,240,167 $1,240,167 $3,800,620 $2,750,620 $2,750,620
$500,000 $500,000 $550,000 $550,000 $5,040,787
MONDAY, MARCH 23, 2015
3111
281.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$8,401
$8,401
$8,401
281.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$8,098
$8,098
$8,098
281.3 Increase funds for the employer share of health insurance.
State General Funds
$16,512
$16,512
$16,512
281.100 -Skidaway Institute of Oceanography
Appropriation (HB 76)
The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic
environments.
TOTAL STATE FUNDS
$1,273,178
$1,273,178
$1,273,178
State General Funds
$1,273,178
$1,273,178
$1,273,178
TOTAL AGENCY FUNDS
$3,800,620
$3,800,620
$3,800,620
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
$500,000
$500,000
$500,000
Rebates, Refunds, and Reimbursements Not Itemized
$500,000
$500,000
$500,000
Sales and Services
$550,000
$550,000
$550,000
Sales and Services Not Itemized
$550,000
$550,000
$550,000
TOTAL PUBLIC FUNDS
$5,073,798
$5,073,798
$5,073,798
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
$1,729,907,930 $1,729,907,930 $4,333,156,042 $1,890,808,653 $1,751,586,909
$139,221,744 $127,468,332 $127,468,332
$1,729,907,930 $1,729,907,930 $4,333,156,042 $1,890,808,653 $1,751,586,909
$139,221,744 $127,468,332 $127,468,332
$1,729,907,930 $1,729,907,930 $4,333,156,042 $1,890,808,653 $1,751,586,909
$139,221,744 $127,468,332 $127,468,332
3112
JOURNAL OF THE HOUSE
Sales and Services Sales and Services Not Itemized Tuition and Fees for Higher Education
TOTAL PUBLIC FUNDS
$2,314,879,057 $499,339,510
$1,815,539,547 $6,063,063,972
$2,314,879,057 $499,339,510
$1,815,539,547 $6,063,063,972
$2,314,879,057 $499,339,510
$1,815,539,547 $6,063,063,972
282.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$146,493
$146,493
$146,493
282.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$15,109,363 $15,109,363 $15,109,363
282.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$10,000,000 $10,000,000 $10,000,000
282.4 Increase funds for the employer share of health insurance ($16,762,926) and retiree health benefits ($5,307,276).
State General Funds
$22,070,202 $22,070,202 $22,070,202
282.5 Increase funds to reflect the change in enrollment and square footage at University System of Georgia institutions.
State General Funds
$14,520,637 $14,520,637 $14,520,637
282.6 Increase funds to include the Marine Institute program's resident instruction square footage in the Teaching formula.
(S:Reflect new funds in Marine Institute program)
State General Funds
$169,569
$169,569
$0
282.7 Transfer funds from the Teaching program to the Enterprise Innovation Institute program for the operations of the Advanced
Technology Development Center.
State General Funds
($22,309)
($22,309)
($22,309)
282.8 Increase funds to adjust the debt service payback amount for projects constructed at the Georgia Institute of Technology
($522,717), Georgia State University ($400,378), Gordon College ($189,067), and Southern Polytechnic State University ($198,598).
State General Funds
$1,310,760
$1,310,760
$1,310,760
282.9 Reduce funds for Georgia Gwinnett College (GCC) to reflect year two of the seven year plan to eliminate the GCC Special
Funding Initiative.
State General Funds
($1,375,000) ($1,375,000) ($1,375,000)
282.10 Add funds for advanced manufacturing at Georgia Southern University.
State General Funds
$1,000,000
$1,000,000
$1,000,000
282.11 Add funds for the Military and Academic Training Center in Warner Robins. (S:Add funds for the Military and Academic
Training Center in Warner Robins and reflect an opening in Spring, 2016)
State General Funds
$485,000
$1,000,000
$281,000
MONDAY, MARCH 23, 2015
3113
282.12 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$1,672,799
$1,672,799
282.13 Utilize existing funds from the North Georgia regional master plan ($75,000) and increase funds ($693,000) for the new
University of North Georgia instructional campus site. (S:Phase in staffing based on enrollment)
State General Funds
$693,000
$534,000
282.14 Increase funds for statewide economic extension activities. (S:YES; Utilize existing funds)
State General Funds
$50,000
$0
282.15 Increase funds for the Georgia Capitol Agricultural History Museum.
State General Funds
$39,000
282.100 -Teaching
Appropriation (HB 76)
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
$1,793,322,645 $1,796,253,444 $1,795,194,875
State General Funds
$1,793,322,645 $1,796,253,444 $1,795,194,875
TOTAL AGENCY FUNDS
$4,333,156,042 $4,333,156,042 $4,333,156,042
Intergovernmental Transfers
$1,890,808,653 $1,890,808,653 $1,890,808,653
University System of Georgia Research Funds
$1,751,586,909 $1,751,586,909 $1,751,586,909
Intergovernmental Transfers Not Itemized
$139,221,744 $139,221,744 $139,221,744
Rebates, Refunds, and Reimbursements
$127,468,332 $127,468,332 $127,468,332
Rebates, Refunds, and Reimbursements Not Itemized
$127,468,332 $127,468,332 $127,468,332
Sales and Services
$2,314,879,057 $2,314,879,057 $2,314,879,057
Sales and Services Not Itemized
$499,339,510 $499,339,510 $499,339,510
Tuition and Fees for Higher Education
$1,815,539,547 $1,815,539,547 $1,815,539,547
TOTAL PUBLIC FUNDS
$6,126,478,687 $6,129,409,486 $6,128,350,917
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.
3114
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$2,618,043 $2,618,043 $2,618,043
$2,618,043 $2,618,043 $2,618,043
$2,618,043 $2,618,043 $2,618,043
283.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$13,670
$13,670
$13,670
283.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$21,887
$21,887
$21,887
283.3 Reduce funds for the employer share of health insurance (-$12,528) and retiree health benefits ($8,724).
State General Funds
($3,804)
($3,804)
($3,804)
283.100 -Veterinary Medicine Experiment Station
Appropriation (HB 76)
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
$2,649,796
$2,649,796
$2,649,796
State General Funds
$2,649,796
$2,649,796
$2,649,796
TOTAL PUBLIC FUNDS
$2,649,796
$2,649,796
$2,649,796
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
$393,117 $393,117 $14,500,000 $14,500,000 $14,500,000 $14,893,117
$393,117 $393,117 $14,500,000 $14,500,000 $14,500,000 $14,893,117
$393,117 $393,117 $14,500,000 $14,500,000 $14,500,000 $14,893,117
284.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$3,161
$3,161
$3,161
MONDAY, MARCH 23, 2015
3115
284.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$1,889
$1,889
$1,889
284.3 Increase funds for the employer share of health insurance.
State General Funds
$18,996
$18,996
$18,996
284.100 -Veterinary Medicine Teaching Hospital
Appropriation (HB 76)
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
$417,163
$417,163
$417,163
State General Funds
$417,163
$417,163
$417,163
TOTAL AGENCY FUNDS
$14,500,000 $14,500,000 $14,500,000
Sales and Services
$14,500,000 $14,500,000 $14,500,000
Sales and Services Not Itemized
$14,500,000 $14,500,000 $14,500,000
TOTAL PUBLIC FUNDS
$14,917,163 $14,917,163 $14,917,163
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
$2,329,780 $2,329,780 $2,329,780
$2,329,780 $2,329,780 $2,329,780
$2,329,780 $2,329,780 $2,329,780
285.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$2,221
$2,221
$2,221
285.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$25,614
$25,614
$25,614
285.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$24,207
$24,207
$24,207
285.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$101,350
$101,350
$101,350
3116
JOURNAL OF THE HOUSE
285.5 Increase funds for the employer share of health insurance.
State General Funds
$225,189
$225,189
$225,189
285.6 Increase funds for enrollment growth and training and experience at the Georgia Military College Preparatory School.
State General Funds
$349,429
$849,429
$696,125
285.7 Increase funds for one-time funding for the design of Historic Jenkins Hall renovation.
State General Funds
$500,000
$500,000
285.100-Payments to Georgia Military College
Appropriation (HB 76)
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
$3,057,790
$4,057,790
$3,904,486
State General Funds
$3,057,790
$4,057,790
$3,904,486
TOTAL PUBLIC FUNDS
$3,057,790
$4,057,790
$3,904,486
Payments to Georgia Public Telecommunications Commission
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
$14,690,162 $14,690,162 $14,690,162
$14,690,162 $14,690,162 $14,690,162
$14,690,162 $14,690,162 $14,690,162
286.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$99,533
$99,533
$99,533
286.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$1,832
$1,832
$1,832
286.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$45,375
$45,375
$45,375
286.4 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($5,337)
($5,337)
($5,337)
286.5 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$16,883
$16,883
$16,883
MONDAY, MARCH 23, 2015
3117
286.6 Increase funds for mobile production expenses. (S:YES; Collect participation fee from Georgia High School Athletic
Association)
State General Funds
$285,400
$0
286.100-Payments to Georgia Public Telecommunications Commission
Appropriation (HB 76)
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
$14,848,448 $15,133,848 $14,848,448
State General Funds
$14,848,448 $15,133,848 $14,848,448
TOTAL PUBLIC FUNDS
$14,848,448 $15,133,848 $14,848,448
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 PUBLIC FUNDS
Section Total - Continuation
$177,733,395 $177,733,395
$177,299,612 $177,299,612
$433,783
$433,783
$819,087
$819,087
$567,580
$567,580
$251,507
$251,507
$178,552,482 $178,552,482
$177,733,395 $177,299,612
$433,783 $819,087 $567,580 $251,507 $178,552,482
Section Total - Final
TOTAL STATE FUNDS
$179,394,511
State General Funds
$178,960,728
Tobacco Settlement Funds
$433,783
TOTAL FEDERAL FUNDS
$819,087
Federal Funds Not Itemized
$567,580
Prevention & Treatment of Substance Abuse Grant CFDA93.959
$251,507
TOTAL PUBLIC FUNDS
$180,213,598
$180,847,265 $180,413,482
$433,783 $819,087 $567,580 $251,507 $181,666,352
$179,394,511 $178,960,728
$433,783 $819,087 $567,580 $251,507 $180,213,598
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.
3118
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$13,398,198 $13,398,198
$225,580 $225,580 $13,623,778
$13,398,198 $13,398,198
$225,580 $225,580 $13,623,778
$13,398,198 $13,398,198
$225,580 $225,580 $13,623,778
287.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$97,554
$97,554
$97,554
287.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$51,048
$51,048
$51,048
287.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($11,736)
($11,736)
($11,736)
287.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$16,721
$16,721
$16,721
287.5 Increase funds for telecommunications.
State General Funds
$191,278
$191,278
$191,278
287.100-Customer Service
Appropriation (HB 76)
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
$13,743,063 $13,743,063 $13,743,063
State General Funds
$13,743,063 $13,743,063 $13,743,063
TOTAL FEDERAL FUNDS
$225,580
$225,580
$225,580
Federal Funds Not Itemized
$225,580
$225,580
$225,580
TOTAL PUBLIC FUNDS
$13,968,643 $13,968,643 $13,968,643
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.
MONDAY, MARCH 23, 2015
3119
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$7,916,507 $7,916,507 $7,916,507
$7,916,507 $7,916,507 $7,916,507
$7,916,507 $7,916,507 $7,916,507
288.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$96,290
$96,290
$96,290
288.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$44,664
$44,664
$44,664
288.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($6,465)
($6,465)
($6,465)
288.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$11,610
$11,610
$11,610
288.5 Increase funds for telecommunications.
State General Funds
$14,765
$14,765
$14,765
288.100-Departmental Administration
Appropriation (HB 76)
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
$8,077,371
$8,077,371
$8,077,371
State General Funds
$8,077,371
$8,077,371
$8,077,371
TOTAL PUBLIC FUNDS
$8,077,371
$8,077,371
$8,077,371
Forestland 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 O.C.G.A. 48-5A-2, the Forestland Protection Act, created by HB 1211 and
HB 1276 during the 2008 legislative session.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$14,072,351 $14,072,351 $14,072,351
$14,072,351 $14,072,351 $14,072,351
$14,072,351 $14,072,351 $14,072,351
3120
JOURNAL OF THE HOUSE
289.100 -Forestland Protection Grants
Appropriation (HB 76)
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 STATE FUNDS
$14,072,351 $14,072,351 $14,072,351
State General Funds
$14,072,351 $14,072,351 $14,072,351
TOTAL PUBLIC FUNDS
$14,072,351 $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
TOTAL PUBLIC FUNDS
$1,250,000 $1,250,000 $1,250,000
$1,250,000 $1,250,000 $1,250,000
$1,250,000 $1,250,000 $1,250,000
290.100 -Fraud Detection and Prevention
Appropriation (HB 76)
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
$1,250,000
$1,250,000
$1,250,000
State General Funds
$1,250,000
$1,250,000
$1,250,000
TOTAL PUBLIC FUNDS
$1,250,000
$1,250,000
$1,250,000
Industry Regulation
Continuation Budget
The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco
products; 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
$5,943,212 $5,509,429
$433,783 $371,507 $120,000
$5,943,212 $5,509,429
$433,783 $371,507 $120,000
$5,943,212 $5,509,429
$433,783 $371,507 $120,000
MONDAY, MARCH 23, 2015
3121
Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS
$251,507 $6,314,719
$251,507 $6,314,719
$251,507 $6,314,719
291.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$55,977
$55,977
$55,977
291.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$32,279
$32,279
$32,279
291.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($6,365)
($6,365)
($6,365)
291.4 Increase funds for telecommunications.
State General Funds
$23,246
$23,246
$23,246
291.100 -Industry Regulation
Appropriation (HB 76)
The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco
products; and conduct checkpoints in areas where reports indicate the use of dyed fuels in on-road vehicles.
TOTAL STATE FUNDS
$6,048,349
$6,048,349
$6,048,349
State General Funds
$5,614,566
$5,614,566
$5,614,566
Tobacco Settlement Funds
$433,783
$433,783
$433,783
TOTAL FEDERAL FUNDS
$371,507
$371,507
$371,507
Federal Funds Not Itemized
$120,000
$120,000
$120,000
Prevention & Treatment of Substance Abuse Grant CFDA93.959
$251,507
$251,507
$251,507
TOTAL PUBLIC FUNDS
$6,419,856
$6,419,856
$6,419,856
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 PUBLIC FUNDS
$6,184,126 $6,184,126 $6,184,126
$6,184,126 $6,184,126 $6,184,126
$6,184,126 $6,184,126 $6,184,126
3122
JOURNAL OF THE HOUSE
292.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$54,091
$54,091
$54,091
292.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$26,943
$26,943
$26,943
292.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($4,373)
($4,373)
($4,373)
292.4 Reduce funds for payments for unclaimed property recovery services based on updated payment methodology.
State General Funds
($1,410,133) ($1,410,133) ($1,410,133)
292.5 Increase funds for telecommunications.
State General Funds
$22,803
$22,803
$22,803
292.100-Local Government Services
Appropriation (HB 76)
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
$4,873,457
$4,873,457
$4,873,457
State General Funds
$4,873,457
$4,873,457
$4,873,457
TOTAL PUBLIC FUNDS
$4,873,457
$4,873,457
$4,873,457
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
$12,859,059 $12,859,059 $12,859,059
$12,859,059 $12,859,059 $12,859,059
$12,859,059 $12,859,059 $12,859,059
293.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$1,189,218
$1,189,218
293.2 Reduce funds for the liability on local tax officials' retirement benefits to meet projected expenditures.
State General Funds
($1,036,853) ($1,036,853)
$1,189,218 ($1,036,853)
293.100 -Local Tax Officials Retirement and FICA
Appropriation (HB 76)
The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials.
MONDAY, MARCH 23, 2015
3123
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$13,011,424 $13,011,424 $13,011,424
$13,011,424 $13,011,424 $13,011,424
$13,011,424 $13,011,424 $13,011,424
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 PUBLIC FUNDS
$18,380,959 $18,380,959 $18,380,959
$18,380,959 $18,380,959 $18,380,959
$18,380,959 $18,380,959 $18,380,959
294.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$84,998
$84,998
$84,998
294.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$42,237
$42,237
$42,237
294.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($11,935)
($11,935)
($11,935)
294.4 Increase funds for telecommunications.
State General Funds
$70,654
$70,654
$70,654
294.100 -Motor Vehicle Registration and Titling
Appropriation (HB 76)
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
$18,566,913 $18,566,913 $18,566,913
State General Funds
$18,566,913 $18,566,913 $18,566,913
TOTAL PUBLIC FUNDS
$18,566,913 $18,566,913 $18,566,913
Office of Special Investigations
Continuation Budget
The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving department efforts.
3124
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$3,892,721 $3,892,721 $3,892,721
$3,892,721 $3,892,721 $3,892,721
$3,892,721 $3,892,721 $3,892,721
295.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$45,145
$45,145
$45,145
295.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$18,277
$18,277
$18,277
295.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($4,277)
($4,277)
($4,277)
295.4 Increase funds for telecommunications.
State General Funds
$3,447
$3,447
$3,447
295.100 -Office of Special Investigations
Appropriation (HB 76)
The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving department efforts.
TOTAL STATE FUNDS
$3,955,313
$3,955,313
$3,955,313
State General Funds
$3,955,313
$3,955,313
$3,955,313
TOTAL PUBLIC FUNDS
$3,955,313
$3,955,313
$3,955,313
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
$13,398,047 $13,398,047 $13,398,047
$13,398,047 $13,398,047 $13,398,047
$13,398,047 $13,398,047 $13,398,047
296.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$75,038
$75,038
$75,038
296.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$36,577
$36,577
$36,577
MONDAY, MARCH 23, 2015
3125
296.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($9,548)
($9,548)
($9,548)
296.4 Increase funds for telecommunications.
State General Funds
$113,803
$113,803
$113,803
296.100-Revenue Processing
Appropriation (HB 76)
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
$13,613,917 $13,613,917 $13,613,917
State General Funds
$13,613,917 $13,613,917 $13,613,917
TOTAL PUBLIC FUNDS
$13,613,917 $13,613,917 $13,613,917
Tax Compliance
Continuation Budget
The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$52,663,327 $52,663,327
$222,000 $222,000 $52,885,327
$52,663,327 $52,663,327
$222,000 $222,000 $52,885,327
$52,663,327 $52,663,327
$222,000 $222,000 $52,885,327
297.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$527,906
$527,906
$527,906
297.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$262,436
$262,436
$262,436
297.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($49,509)
($49,509)
($49,509)
297.4 Increase funds for telecommunications.
State General Funds
$328,731
$328,731
$328,731
3126
JOURNAL OF THE HOUSE
297.5 Increase funds for personnel and operations for three pilot projects to maximize the use of data analytics capabilities and
improve the efficiency of tax compliance. (S:YES; Utilize existing funds)
State General Funds
$1,452,754
$0
297.6 By January 1, 2016, the Department of Revenue shall provide a report to the Georgia General Assembly on the progress of the
new pilot projects. (H:YES)(S:YES)
State General Funds
$0
$0
297.100-Tax Compliance
Appropriation (HB 76)
The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts.
TOTAL STATE FUNDS
$53,732,891 $55,185,645 $53,732,891
State General Funds
$53,732,891 $55,185,645 $53,732,891
TOTAL FEDERAL FUNDS
$222,000
$222,000
$222,000
Federal Funds Not Itemized
$222,000
$222,000
$222,000
TOTAL PUBLIC FUNDS
$53,954,891 $55,407,645 $53,954,891
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 PUBLIC FUNDS
$3,064,001 $3,064,001 $3,064,001
$3,064,001 $3,064,001 $3,064,001
$3,064,001 $3,064,001 $3,064,001
298.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$35,662
$35,662
$35,662
298.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$16,605
$16,605
$16,605
298.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($2,291)
($2,291)
($2,291)
298.4 Increase funds for telecommunications.
State General Funds
$13,889
$13,889
$13,889
MONDAY, MARCH 23, 2015
3127
298.100 -Tax Policy
Appropriation (HB 76)
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
$3,127,866
$3,127,866
$3,127,866
State General Funds
$3,127,866
$3,127,866
$3,127,866
TOTAL PUBLIC FUNDS
$3,127,866
$3,127,866
$3,127,866
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
$24,710,887 $24,710,887 $24,710,887
$24,710,887 $24,710,887 $24,710,887
$24,710,887 $24,710,887 $24,710,887
299.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$166,354
$166,354
$166,354
299.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$88,254
$88,254
$88,254
299.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($8,852)
($8,852)
($8,852)
299.4 Increase funds for telecommunications.
State General Funds
$364,953
$364,953
$364,953
299.100 -Technology Support Services
Appropriation (HB 76)
The purpose of this appropriation is to support the department in information technology and provide electronic filing services to
taxpayers.
TOTAL STATE FUNDS
$25,321,596 $25,321,596 $25,321,596
State General Funds
$25,321,596 $25,321,596 $25,321,596
TOTAL PUBLIC FUNDS
$25,321,596 $25,321,596 $25,321,596
3128
JOURNAL OF THE HOUSE
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 Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Continuation
$21,877,971 $21,877,971
$21,877,971 $21,877,971
$85,000
$85,000
$85,000
$85,000
$4,723,849
$4,723,849
$20,000
$20,000
$20,000
$20,000
$4,703,849
$4,703,849
$4,703,849
$4,703,849
$26,686,820 $26,686,820
$21,877,971 $21,877,971
$85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 $4,703,849 $26,686,820
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
$24,530,664 $24,530,664
$85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 $4,703,849 $29,339,513
$24,530,664 $24,530,664
$85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 $4,703,849 $29,339,513
$24,538,290 $24,538,290
$85,000 $85,000 $4,723,849 $20,000 $20,000 $4,703,849 $4,703,849 $29,347,139
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
$40,514 $40,514 $3,775,096 $3,775,096
$40,514 $40,514 $3,775,096 $3,775,096
$40,514 $40,514 $3,775,096 $3,775,096
MONDAY, MARCH 23, 2015
3129
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$3,775,096 $3,815,610
$3,775,096 $3,815,610
$3,775,096 $3,815,610
300.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$20,327
$20,327
$20,327
300.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$9,270
$9,270
$9,270
300.3 Increase funds for operations.
State General Funds
$873,351
$873,351
$873,351
300.100 -Corporations
Appropriation (HB 76)
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
$943,462
$943,462
$943,462
State General Funds
$943,462
$943,462
$943,462
TOTAL AGENCY FUNDS
$3,775,096
$3,775,096
$3,775,096
Sales and Services
$3,775,096
$3,775,096
$3,775,096
Sales and Services Not Itemized
$3,775,096
$3,775,096
$3,775,096
TOTAL PUBLIC FUNDS
$4,718,558
$4,718,558
$4,718,558
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
$5,226,157 $5,226,157
$85,000 $85,000 $50,000 $50,000 $50,000 $5,361,157
$5,226,157 $5,226,157
$85,000 $85,000 $50,000 $50,000 $50,000 $5,361,157
$5,226,157 $5,226,157
$85,000 $85,000 $50,000 $50,000 $50,000 $5,361,157
3130
JOURNAL OF THE HOUSE
301.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$24,811
$24,811
$24,811
301.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$12,158
$12,158
$12,158
301.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($13,057)
($13,057)
($13,057)
301.4 Reduce funds to reflect an adjustment in Teamworks billings.
State General Funds
($3,245)
($3,245)
($3,245)
301.5 Increase funds for four positions and operations to prepare for the future elections. (H and S:Provide funds for one attorney
($65,130) and one military liaison ($56,988) to prepare for future elections, and transfer two investigator positions ($137,827) to the
Investigations program)
State General Funds
$259,945
$122,118
$122,118
301.100 -Elections
Appropriation (HB 76)
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
$5,506,769
$5,368,942
$5,368,942
State General Funds
$5,506,769
$5,368,942
$5,368,942
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
Sales and Services Not Itemized
$50,000
$50,000
$50,000
TOTAL PUBLIC FUNDS
$5,641,769
$5,503,942
$5,503,942
Investigations
Continuation Budget
TOTAL STATE FUNDS State General Funds
$0
$0
$0
$0
$0
$0
MONDAY, MARCH 23, 2015
3131
302.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$40,415
$40,415
$40,415
302.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$20,910
$20,910
$20,910
302.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($25,460)
($25,460)
($25,460)
302.4 Reduce funds to reflect an adjustment in Teamworks billings.
State General Funds
($5,898)
($5,898)
($5,898)
302.5 Increase funds for personnel for two investigator positions to prepare for future elections.
State General Funds
$137,827
$137,827
302.98 Transfer funds from the Office Administration program to the Investigations program for 35 positions, 47 motor vehicles, and
operations.
State General Funds
$2,615,612
$2,615,612
$2,615,612
302.99 SAC: The purpose of this appropriation is to enforce the laws and regulations related to professional licenses, elections, and
securities; to investigate complaints; and to conduct inspections of applicants and existing license holders.
House: The purpose of this appropriation is to enforce the laws and regulations related to professional licenses, elections, and
securities; to investigate complaints; and to conduct inspections of applicants and existing license holders.
Governor: The purpose of this appropriation is to enforce the laws and regulations related to professional licenses, elections, and
securities; to investigate complaints; and to conduct inspections of applicants and existing license holders.
State General Funds
$0
$0
$0
302.100 -Investigations
Appropriation (HB 76)
The purpose of this appropriation is to enforce the laws and regulations related to professional licenses, elections, and securities; to
investigate complaints; and to conduct inspections of applicants and existing license holders.
TOTAL STATE FUNDS
$2,645,579
$2,783,406
$2,783,406
State General Funds
$2,645,579
$2,783,406
$2,783,406
TOTAL PUBLIC FUNDS
$2,645,579
$2,783,406
$2,783,406
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.
3132
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$5,980,705 $5,980,705
$15,000 $15,000 $15,000 $5,995,705
$5,980,705 $5,980,705
$15,000 $15,000 $15,000 $5,995,705
$5,980,705 $5,980,705
$15,000 $15,000 $15,000 $5,995,705
303.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$38,800
$38,800
$38,800
303.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$19,076
$19,076
$19,076
303.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($19,584)
($19,584)
($19,584)
303.4 Reduce funds to reflect an adjustment in Teamworks billings.
State General Funds
($4,877)
($4,877)
($4,877)
303.5 Transfer funds from the Office Administration program to the Professional Licensing Boards program for one position and
operations for the Georgia Athletic and Entertainment Commission.
State General Funds
($95,280)
($95,280)
($95,280)
303.98 Transfer funds from the Office Administration program to the Investigations program for 35 positions, 47 motor vehicles, and
operations.
State General Funds
($2,615,612) ($2,615,612) ($2,615,612)
303.100 -Office Administration
Appropriation (HB 76)
The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies.
TOTAL STATE FUNDS
$3,303,228
$3,303,228
$3,303,228
State General Funds
$3,303,228
$3,303,228
$3,303,228
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
$3,318,228
$3,318,228
$3,318,228
MONDAY, MARCH 23, 2015
3133
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
$6,818,847 $6,818,847
$813,753 $813,753 $813,753 $7,632,600
$6,818,847 $6,818,847
$813,753 $813,753 $813,753 $7,632,600
$6,818,847 $6,818,847
$813,753 $813,753 $813,753 $7,632,600
304.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$81,485
$81,485
$81,485
304.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$40,619
$40,619
$40,619
304.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($58,754)
($58,754)
($58,754)
304.4 Reduce funds to reflect an adjustment in Teamworks billings.
State General Funds
($13,816)
($13,816)
($13,816)
304.5 Increase funds for operations.
State General Funds
$670,468
$670,468
$670,468
304.6 Transfer funds from the Office Administration program to the Professional Licensing Boards program for one position and
operations for the Georgia Athletic and Entertainment Commission.
State General Funds
$95,280
$95,280
$95,280
304.7 Increase funds for personnel for five call center positions and five professional licensing positions to expedite processing and
assist with complaint and compliance activities. (S:Increase funds for personnel for five call center positions, five professional
licensing positions and one nursing investigator to expedite processing and assist with complaint and compliance activities)
State General Funds
$513,148
$513,148
$581,379
304.100 -Professional Licensing Boards
Appropriation (HB 76)
The purpose of this appropriation is to protect the public health and welfare by supporting all operations of Boards which license
professions.
3134
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$8,147,277 $8,147,277
$813,753 $813,753 $813,753 $8,961,030
$8,147,277 $8,147,277
$813,753 $813,753 $813,753 $8,961,030
$8,215,508 $8,215,508
$813,753 $813,753 $813,753 $9,029,261
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
$604,458 $604,458
$50,000 $50,000 $50,000 $654,458
$604,458 $604,458
$50,000 $50,000 $50,000 $654,458
$604,458 $604,458
$50,000 $50,000 $50,000 $654,458
305.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$8,792
$8,792
$8,792
305.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$5,501
$5,501
$5,501
305.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($9,139)
($9,139)
($9,139)
305.4 Reduce funds to reflect an adjustment in Teamworks billings.
State General Funds
($2,177)
($2,177)
($2,177)
305.5 Increase funds for operations.
State General Funds
$121,210
$121,210
$60,605
MONDAY, MARCH 23, 2015
3135
305.100 -Securities
Appropriation (HB 76)
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
$728,645
$728,645
$668,040
State General Funds
$728,645
$728,645
$668,040
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
$778,645
$778,645
$718,040
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
$258,600 $258,600
$20,000 $20,000 $20,000 $278,600
$258,600 $258,600
$20,000 $20,000 $20,000 $278,600
$258,600 $258,600
$20,000 $20,000 $20,000 $278,600
306.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$3,552
$3,552
$3,552
306.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$2,084
$2,084
$2,084
306.100-Commission on the Holocaust, Georgia
Appropriation (HB 76)
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
$264,236
$264,236
$264,236
State General Funds
$264,236
$264,236
$264,236
TOTAL AGENCY FUNDS
$20,000
$20,000
$20,000
3136
JOURNAL OF THE HOUSE
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS
$20,000 $20,000 $284,236
$20,000 $20,000 $284,236
$20,000 $20,000 $284,236
Real Estate Commission
Continuation Budget
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 STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$2,948,690 $2,948,690 $2,948,690
$2,948,690 $2,948,690 $2,948,690
$2,948,690 $2,948,690 $2,948,690
307.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$34,147
$34,147
$34,147
307.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$16,036
$16,036
$16,036
307.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($7,405)
($7,405)
($7,405)
307.100 -Real Estate Commission
Appropriation (HB 76)
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 STATE FUNDS
$2,991,468
$2,991,468
$2,991,468
State General Funds
$2,991,468
$2,991,468
$2,991,468
TOTAL PUBLIC FUNDS
$2,991,468
$2,991,468
$2,991,468
Section 43: Soil and Water Conservation Commission, State
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
Section Total - Continuation
$2,620,072
$2,620,072
$2,620,072
$2,620,072
$359,145
$359,145
$359,145
$359,145
$2,620,072 $2,620,072
$359,145 $359,145
MONDAY, MARCH 23, 2015
3137
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Federal Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$1,190,182 $1,190,182 $1,190,182
$307,737 $307,737 $307,737 $4,477,136
$1,190,182 $1,190,182 $1,190,182
$307,737 $307,737 $307,737 $4,477,136
$1,190,182 $1,190,182 $1,190,182
$307,737 $307,737 $307,737 $4,477,136
Section Total - Final
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
$724,705 $724,705 $724,705
$724,705 $724,705 $724,705
$724,705 $724,705 $724,705
308.98 Transfer funds and eight positions from the State Soil and Water Conservation Commission to the Department of Agriculture
to consolidate soil and water conservation activities. (H and S:YES; Transfer funds and eight positions to the State Soil and Water
Conservation Commission attached to the Department of Agriculture to consolidate soil and water conservation activities)
State General Funds
($724,705)
($724,705)
($724,705)
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
$240,208 $240,208 $192,737 $192,737 $1,190,182 $1,190,182
$240,208 $240,208 $192,737 $192,737 $1,190,182 $1,190,182
$240,208 $240,208 $192,737 $192,737 $1,190,182 $1,190,182
3138
JOURNAL OF THE HOUSE
Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS
$1,190,182 $1,623,127
$1,190,182 $1,623,127
$1,190,182 $1,623,127
309.98 Transfer funds and 10 positions from the State Soil and Water Conservation Commission to the Department of Agriculture to
consolidate soil and water conservation activities. (H and S:YES; Transfer funds and ten positions to the State Soil and Water
Conservation Commission attached to the Department of Agriculture to consolidate soil and water conservation activities)
State General Funds
($240,208)
($240,208)
($240,208)
Federal Funds Not Itemized
($192,737)
($192,737)
($192,737)
Intergovernmental Transfers Not Itemized
($1,190,182) ($1,190,182) ($1,190,182)
Total Public Funds:
($1,623,127) ($1,623,127) ($1,623,127)
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 INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Federal Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$1,422,937 $1,422,937
$166,408 $166,408 $307,737 $307,737 $307,737 $1,897,082
$1,422,937 $1,422,937
$166,408 $166,408 $307,737 $307,737 $307,737 $1,897,082
$1,422,937 $1,422,937
$166,408 $166,408 $307,737 $307,737 $307,737 $1,897,082
MONDAY, MARCH 23, 2015
3139
310.98 Transfer funds and 33 positions from the State Soil and Water Conservation Commission to the Department of Agriculture to
consolidate soil and water conservation activities. (H and S:YES; Transfer funds and 33 positions to the State Soil and Water
Conservation Commission attached to the Department of Agriculture to consolidate soil and water conservation activities)
State General Funds
($1,422,937) ($1,422,937) ($1,422,937)
Federal Funds Not Itemized
($166,408)
($166,408)
($166,408)
Federal Fund Transfers Not Itemized
($307,737)
($307,737)
($307,737)
Total Public Funds:
($1,897,082) ($1,897,082) ($1,897,082)
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 PUBLIC FUNDS
$98,502 $98,502 $98,502
$98,502 $98,502 $98,502
$98,502 $98,502 $98,502
311.98 Transfer funds from the State Soil and Water Conservation Commission to the Environmental Protection Division in the
Department of Natural Resources to consolidate soil and water conservation activities.
State General Funds
($98,502)
($98,502)
($98,502)
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
$133,720 $133,720 $133,720
$133,720 $133,720 $133,720
$133,720 $133,720 $133,720
312.98 Transfer funds from the State Soil and Water Conservation Commission to the Environmental Protection Division in the
Department of Natural Resources to consolidate soil and water conservation activities.
State General Funds
($133,720)
($133,720)
($133,720)
3140
JOURNAL OF THE HOUSE
Section 44: Student Finance Commission and Authority, Georgia
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 - Continuation
$682,506,450 $682,506,450
$48,858,430 $48,858,430
$633,648,020 $633,648,020
$713,673
$713,673
$230,950
$230,950
$230,950
$230,950
$482,723
$482,723
$482,723
$482,723
$683,220,123 $683,220,123
$682,506,450 $48,858,430 $633,648,020
$713,673 $230,950 $230,950 $482,723 $482,723 $683,220,123
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
$717,313,325 $60,836,497 $656,476,828
$713,673 $230,950 $230,950 $482,723 $482,723 $718,026,998
$709,662,075 $53,185,247 $656,476,828
$713,673 $230,950 $230,950 $482,723 $482,723 $710,375,748
$713,162,075 $56,685,247 $656,476,828
$713,673 $230,950 $230,950 $482,723 $482,723 $713,875,748
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 PUBLIC FUNDS
$10,501,645 $10,501,645 $10,501,645
$10,501,645 $10,501,645 $10,501,645
$10,501,645 $10,501,645 $10,501,645
313.1 Increase funds to meet the projected need. State General Funds
$10,890,394 $10,890,394 $10,890,394
MONDAY, MARCH 23, 2015
3141
313.100 -Accel
Appropriation (HB 76)
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
$21,392,039 $21,392,039 $21,392,039
State General Funds
$21,392,039 $21,392,039 $21,392,039
TOTAL PUBLIC FUNDS
$21,392,039 $21,392,039 $21,392,039
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
$785,250 $785,250 $785,250
$785,250 $785,250 $785,250
$785,250 $785,250 $785,250
314.1 Reduce funds to eliminate the scholarship program while continuing awards to current scholarship recipients and transfer
savings to the Tuition Equalization Grant program.
State General Funds
($105,000)
$0
$0
314.2 Increase funds to meet the projected need.
State General Funds
$243,750
$243,750
314.3 Increase funds to recruit and retain minority engineers at Mercer University.
State General Funds
$2,000,000
314.4 Increase funds to recruit and retain minority engineers at Morehouse College.
State General Funds
$1,000,000
314.100 -Engineer Scholarship
Appropriation (HB 76)
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
$680,250
$1,029,000
$4,029,000
State General Funds
$680,250
$1,029,000
$4,029,000
TOTAL PUBLIC FUNDS
$680,250
$1,029,000
$4,029,000
3142
JOURNAL OF THE HOUSE
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
315.1 Increase funds to meet the projected need. State General Funds
$108,378
$108,378
$108,378
315.100-Georgia Military College Scholarship
Appropriation (HB 76)
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
$1,203,240
$1,203,240
$1,203,240
State General Funds
$1,203,240
$1,203,240
$1,203,240
TOTAL PUBLIC FUNDS
$1,203,240
$1,203,240
$1,203,240
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
316.100 -HERO Scholarship
Appropriation (HB 76)
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
MONDAY, MARCH 23, 2015
3143
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 AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS
$8,143,119 $0
$8,143,119 $230,950 $230,950 $230,950
$8,374,069
$8,143,119 $0
$8,143,119 $230,950 $230,950 $230,950
$8,374,069
$8,143,119 $0
$8,143,119 $230,950 $230,950 $230,950
$8,374,069
317.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Lottery Proceeds
$59,679
$59,679
$59,679
317.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
Lottery Proceeds
$3,298
$3,298
$3,298
317.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
Lottery Proceeds
$44,193
$44,193
$44,193
317.4 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
Lottery Proceeds
($40,489)
($40,489)
($40,489)
317.100-HOPE Administration
Appropriation (HB 76)
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
$8,209,800
$8,209,800
$8,209,800
Lottery Proceeds
$8,209,800
$8,209,800
$8,209,800
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
$8,440,750
$8,440,750
$8,440,750
3144
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
$1,930,296 $0
$1,930,296 $1,930,296
$1,930,296 $0
$1,930,296 $1,930,296
$1,930,296 $0
$1,930,296 $1,930,296
318.100 -HOPE GED
Appropriation (HB 76)
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
$109,059,989 $0
$109,059,989 $109,059,989
$109,059,989 $0
$109,059,989 $109,059,989
$109,059,989 $0
$109,059,989 $109,059,989
319.1 Utilize existing funds to increase HOPE Grant award amount by 3% (103% Factor Rate: $1,597,483).
(G:YES)(H:YES)(S:YES)
Lottery Proceeds
$0
$0
$0
319.2 Utilize existing funds ($465,260) to increase the award amount for Zell Miller Grants for students attending technical colleges.
(G:YES)(H:YES)(S:YES)
Lottery Proceeds
$0
$0
$0
MONDAY, MARCH 23, 2015
3145
319.3 Utilize existing funds for the Strategic Industries Workforce Development Grant to include Computer Programming, Certified
Engineer Assistant, Movie Production and Set Design, and Precision Manufacturing certificate and diploma programs ($504,980).
(G:YES)(H:YES)(S:YES)
Lottery Proceeds
$0
$0
$0
319.100 -HOPE Grant
Appropriation (HB 76)
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
$109,059,989 $109,059,989 $109,059,989
Lottery Proceeds
$109,059,989 $109,059,989 $109,059,989
TOTAL PUBLIC FUNDS
$109,059,989 $109,059,989 $109,059,989
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
$47,916,330 $0
$47,916,330 $47,916,330
$47,916,330 $0
$47,916,330 $47,916,330
$47,916,330 $0
$47,916,330 $47,916,330
320.1 Utilize existing funds to increase the award amount for HOPE Scholarships-Private Schools by 3% (103% Factor Rate:
$1,348,863). (G:YES)(H:YES)(S:YES)
Lottery Proceeds
$0
$0
$0
320.2 Utilize existing funds to increase the award amount for Zell Miller Scholarships for students attending private postsecondary
institutions by 3% ($27,058). (G:YES)(H:YES)(S:YES)
Lottery Proceeds
$0
$0
$0
320.100-HOPE Scholarships - Private Schools
Appropriation (HB 76)
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.
3146
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS Lottery Proceeds
TOTAL PUBLIC FUNDS
$47,916,330 $47,916,330 $47,916,330
$47,916,330 $47,916,330 $47,916,330
$47,916,330 $47,916,330 $47,916,330
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 State General Funds Lottery Proceeds
TOTAL PUBLIC FUNDS
$446,598,286 $0
$446,598,286 $446,598,286
$446,598,286 $0
$446,598,286 $446,598,286
$446,598,286 $0
$446,598,286 $446,598,286
321.1 Increase funds to meet the projected need ($6,711,568) and to increase the award amount for HOPE Scholarships-Public
Schools by 3% (103% Factor Rate: $10,050,559).
Lottery Proceeds
$16,762,127 $16,762,127 $16,762,127
321.2 Utilize existing funds to increase the award amount for Zell Miller Scholarships for students attending public postsecondary
institutions ($1,535,982). (G:YES)(H:YES)(S:YES)
Lottery Proceeds
$0
$0
$0
321.100 -HOPE Scholarships - Public Schools
Appropriation (HB 76)
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
$463,360,413 $463,360,413 $463,360,413
Lottery Proceeds
$463,360,413 $463,360,413 $463,360,413
TOTAL PUBLIC FUNDS
$463,360,413 $463,360,413 $463,360,413
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).
MONDAY, MARCH 23, 2015
3147
TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL PUBLIC FUNDS
$19,000,000 $0
$19,000,000 $19,000,000
$19,000,000 $0
$19,000,000 $19,000,000
$19,000,000 $0
$19,000,000 $19,000,000
322.1 Increase funds to meet the projected need. (H:Provide for HOPE funding gap)(S:Adhere to O.C.G.A. 20-3-400.2)
Lottery Proceeds
$6,000,000 ($2,000,000) ($1,500,000)
322.100 -Low Interest Loans
Appropriation (HB 76)
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
$25,000,000 $17,000,000 $17,500,000
Lottery Proceeds
$25,000,000 $17,000,000 $17,500,000
TOTAL PUBLIC FUNDS
$25,000,000 $17,000,000 $17,500,000
Low Interest Loans for Technical Colleges
Continuation Budget
The purpose of this appropriation is to assist students with the affordability of a technical college education.
TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL PUBLIC FUNDS
$10,000,000 $9,000,000 $1,000,000
$10,000,000
$10,000,000 $9,000,000 $1,000,000
$10,000,000
$10,000,000 $9,000,000 $1,000,000
$10,000,000
323.1 Replace funds. (S:Replace funds and require Georgia Student Finance Commission initiate monitoring action of default rates
and develop plan to disqualify students from schools in default exceeding 15%)
State General Funds
($8,000,000) ($7,500,000)
Lottery Proceeds
$8,000,000
$7,500,000
Total Public Funds:
$0
$0
323.100 -Low Interest Loans for Technical Colleges
Appropriation (HB 76)
The purpose of this appropriation is to assist students with the affordability of a technical college education.
3148
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL PUBLIC FUNDS
$10,000,000 $9,000,000 $1,000,000
$10,000,000
$10,000,000 $1,000,000 $9,000,000
$10,000,000
$10,000,000 $1,500,000 $8,500,000
$10,000,000
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
$1,517,277 $1,517,277
$482,723 $482,723 $482,723 $2,000,000
$1,517,277 $1,517,277
$482,723 $482,723 $482,723 $2,000,000
$1,517,277 $1,517,277
$482,723 $482,723 $482,723 $2,000,000
324.1 Increase funds to meet the projected need. State General Funds
$308,168
$308,168
$308,168
324.100 -North Georgia Military Scholarship Grants
Appropriation (HB 76)
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
$1,825,445
$1,825,445
$1,825,445
State General Funds
$1,825,445
$1,825,445
$1,825,445
TOTAL AGENCY FUNDS
$482,723
$482,723
$482,723
Intergovernmental Transfers
$482,723
$482,723
$482,723
Intergovernmental Transfers Not Itemized
$482,723
$482,723
$482,723
TOTAL PUBLIC FUNDS
$2,308,168
$2,308,168
$2,308,168
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.
MONDAY, MARCH 23, 2015
3149
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
325.1 Increase funds to meet the projected need. State General Funds
$362,500
$362,500
$362,500
325.100 -North Georgia ROTC Grants
Appropriation (HB 76)
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
$1,237,500
$1,237,500
$1,237,500
State General Funds
$1,237,500
$1,237,500
$1,237,500
TOTAL PUBLIC FUNDS
$1,237,500
$1,237,500
$1,237,500
Public Safety Memorial 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
326.1 Increase funds to meet the projected need.
State General Funds
$223,239
$223,239
$223,239
326.98 Change the name of the Public Memorial Safety Grant program to Public Safety Memorial Grant. (G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
326.100-Public Safety Memorial Grant
Appropriation (HB 76)
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.
3150
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$600,000 $600,000 $600,000
$600,000 $600,000 $600,000
$600,000 $600,000 $600,000
REACH Georgia Scholarship
Continuation Budget
The purpose of this appropriation is to provide needs-based scholarships to selected students participating in the REACH Georgia
mentorship and scholarship program, which encourages and supports academically promising middle and high school students in
their educational pursuits.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$2,000,000 $2,000,000 $2,000,000
$2,000,000 $2,000,000 $2,000,000
$2,000,000 $2,000,000 $2,000,000
327.100 -REACH Georgia Scholarship
Appropriation (HB 76)
The purpose of this appropriation is to provide needs-based scholarships to selected students participating in the REACH Georgia
mentorship and scholarship program, which encourages and supports academically promising middle and high school students in
their educational pursuits.
TOTAL STATE FUNDS
$2,000,000
$2,000,000
$2,000,000
State General Funds
$2,000,000
$2,000,000
$2,000,000
TOTAL PUBLIC FUNDS
$2,000,000
$2,000,000
$2,000,000
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 PUBLIC FUNDS
$21,119,952 $21,119,952 $21,119,952
$21,119,952 $21,119,952 $21,119,952
$21,119,952 $21,119,952 $21,119,952
328.1 Transfer funds from the Engineer Scholarship program ($105,000) to the Tuition Equalization Grants program and utilize
existing funds to increase the award amount from $700 to $900 a year. (Total funds: $2,626,328)(H and S:Increase funds and utilize
existing funds to increase the award amount from $700 to $900 a year (Total funds: $2,626,328))
State General Funds
$105,000
$105,000
$105,000
MONDAY, MARCH 23, 2015
3151
328.100 -Tuition Equalization Grants
Appropriation (HB 76)
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
$21,224,952 $21,224,952 $21,224,952
State General Funds
$21,224,952 $21,224,952 $21,224,952
TOTAL PUBLIC FUNDS
$21,224,952 $21,224,952 $21,224,952
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
$787,683 $787,683 $787,683
$787,683 $787,683 $787,683
$787,683 $787,683 $787,683
329.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$6,860
$6,860
$6,860
329.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$5,364
$5,364
$5,364
329.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($4,836)
($4,836)
($4,836)
329.4 Increase funds for personnel for a Standards Administrator position to reduce caseload for regulatory oversight.
State General Funds
$78,000
$78,000
$78,000
329.100-Nonpublic Postsecondary Education Commission
Appropriation (HB 76)
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
$873,071
$873,071
$873,071
State General Funds
$873,071
$873,071
$873,071
TOTAL PUBLIC FUNDS
$873,071
$873,071
$873,071
3152
JOURNAL OF THE HOUSE
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
$412,000
$412,000
$412,000
$412,000
$34,356,709 $34,356,709
$34,356,709 $34,356,709
$34,356,709 $34,356,709
$34,768,709 $34,768,709
$412,000 $412,000 $34,356,709 $34,356,709 $34,356,709 $34,768,709
TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS
Section Total - Final
$317,000 $317,000 $35,035,700 $35,035,700 $35,035,700 $35,352,700
$317,000 $317,000 $35,035,700 $35,035,700 $35,035,700 $35,352,700
$317,000 $317,000 $35,035,700 $35,035,700 $35,035,700 $35,352,700
Local/Floor COLA
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
$412,000 $412,000 $412,000
$412,000 $412,000 $412,000
$412,000 $412,000 $412,000
330.1 Reduce funds to reflect the declining population of teachers who qualify for this benefit.
State General Funds
($95,000)
($95,000)
($95,000)
330.100 -Local/Floor COLA
Appropriation (HB 76)
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.
MONDAY, MARCH 23, 2015
3153
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$317,000 $317,000 $317,000
$317,000 $317,000 $317,000
$317,000 $317,000 $317,000
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 $34,356,709 $34,356,709 $34,356,709 $34,356,709
$0 $0 $34,356,709 $34,356,709 $34,356,709 $34,356,709
$0 $0 $34,356,709 $34,356,709 $34,356,709 $34,356,709
331.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Retirement Payments
$499,791
$499,791
$499,791
331.2 Increase funds for Mid-Career Pre-Retirement campaign.
Retirement Payments
$10,000
$10,000
$10,000
331.3 Reduce funds to reflect completed FY2015 actuary study.
Retirement Payments
($60,000)
($60,000)
($60,000)
331.4 Increase funds for contracts ($417,700), information technology ($143,500) and telecommunications ($8,000).
Retirement Payments
$569,200
$569,200
$569,200
331.5 Reduce funds for information technology equipment ($330,000) and training ($10,000).
Retirement Payments
($340,000)
($340,000)
($340,000)
331.100-System Administration
Appropriation (HB 76)
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
$35,035,700 $35,035,700 $35,035,700
3154
JOURNAL OF THE HOUSE
State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS
$35,035,700 $35,035,700 $35,035,700
$35,035,700 $35,035,700 $35,035,700
$35,035,700 $35,035,700 $35,035,700
It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 14.27% for State Fiscal Year 2016.
Section 46: Technical College System of Georgia
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Child Care and Development Block Grant CFDA93.575
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
$331,854,904 $331,854,904
$331,854,904 $331,854,904
$80,482,813 $80,482,813
$78,261,138 $78,261,138
$2,221,675
$2,221,675
$346,781,463 $346,781,463
$3,393,556
$3,393,556
$3,393,556
$3,393,556
$200,000
$200,000
$200,000
$200,000
$343,187,907 $343,187,907
$73,321,471 $73,321,471
$269,866,436 $269,866,436
$1,360,000
$1,360,000
$1,360,000
$1,360,000
$1,360,000
$1,360,000
$760,479,180 $760,479,180
$331,854,904 $331,854,904 $80,482,813 $78,261,138
$2,221,675 $346,781,463
$3,393,556 $3,393,556
$200,000 $200,000 $343,187,907 $73,321,471 $269,866,436 $1,360,000 $1,360,000 $1,360,000 $760,479,180
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Child Care and Development Block Grant CFDA93.575
Section Total - Final
$339,816,187 $339,816,187 $80,482,813 $78,261,138
$2,221,675
$339,623,145 $339,623,145 $80,482,813 $78,261,138
$2,221,675
$339,816,187 $339,816,187 $80,482,813 $78,261,138
$2,221,675
MONDAY, MARCH 23, 2015
3155
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
$346,781,463 $3,393,556 $3,393,556 $200,000 $200,000
$343,187,907 $73,321,471 $269,866,436
$1,360,000 $1,360,000 $1,360,000 $768,440,463
$346,781,463 $3,393,556 $3,393,556 $200,000 $200,000
$343,187,907 $73,321,471 $269,866,436
$1,360,000 $1,360,000 $1,360,000 $768,247,421
$346,781,463 $3,393,556 $3,393,556 $200,000 $200,000
$343,187,907 $73,321,471 $269,866,436
$1,360,000 $1,360,000 $1,360,000 $768,440,463
Adult Education
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, listening, and technology skills; to provide secondary instruction to adults without a high school
diploma; and to provide oversight of GED preparation, testing, and the processing of diplomas and transcripts.
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
$14,311,851 $14,311,851 $18,428,331 $18,428,331
$6,637,876 $3,393,556 $3,393,556 $3,244,320 $3,244,320 $39,378,058
$14,311,851 $14,311,851 $18,428,331 $18,428,331
$6,637,876 $3,393,556 $3,393,556 $3,244,320 $3,244,320 $39,378,058
$14,311,851 $14,311,851 $18,428,331 $18,428,331
$6,637,876 $3,393,556 $3,393,556 $3,244,320 $3,244,320 $39,378,058
332.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$4,537
$4,537
$4,537
332.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$54,061
$54,061
$54,061
3156
JOURNAL OF THE HOUSE
332.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$116,629
$116,629
$116,629
332.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$5,365
$5,365
$5,365
332.100 -Adult Education
Appropriation (HB 76)
The purpose of this appropriation is to develop Georgia's workforce by providing adult learners in Georgia with basic reading,
writing, computation, speaking, listening, and technology skills; to provide secondary instruction to adults without a high school
diploma; and to provide oversight of GED preparation, testing, and the processing of diplomas and transcripts.
TOTAL STATE FUNDS
$14,492,443 $14,492,443 $14,492,443
State General Funds
$14,492,443 $14,492,443 $14,492,443
TOTAL FEDERAL FUNDS
$18,428,331 $18,428,331 $18,428,331
Federal Funds Not Itemized
$18,428,331 $18,428,331 $18,428,331
TOTAL AGENCY FUNDS
$6,637,876
$6,637,876
$6,637,876
Intergovernmental Transfers
$3,393,556
$3,393,556
$3,393,556
Intergovernmental Transfers Not Itemized
$3,393,556
$3,393,556
$3,393,556
Sales and Services
$3,244,320
$3,244,320
$3,244,320
Sales and Services Not Itemized
$3,244,320
$3,244,320
$3,244,320
TOTAL PUBLIC FUNDS
$39,558,650 $39,558,650 $39,558,650
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 AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
$8,478,091 $8,478,091
$200,000 $200,000 $200,000 $110,000 $110,000
$8,478,091 $8,478,091
$200,000 $200,000 $200,000 $110,000 $110,000
$8,478,091 $8,478,091
$200,000 $200,000 $200,000 $110,000 $110,000
MONDAY, MARCH 23, 2015
3157
Agency to Agency Contracts TOTAL PUBLIC FUNDS
$110,000 $8,788,091
$110,000 $8,788,091
$110,000 $8,788,091
333.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$83,704
$83,704
$83,704
333.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$9,357
$9,357
$9,357
333.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$68,532
$68,532
$68,532
333.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$56,515
$56,515
$56,515
333.5 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$14,470
$14,470
$14,470
333.100-Departmental Administration
Appropriation (HB 76)
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
$8,710,669
$8,710,669
$8,710,669
State General Funds
$8,710,669
$8,710,669
$8,710,669
TOTAL AGENCY FUNDS
$200,000
$200,000
$200,000
Rebates, Refunds, and Reimbursements
$200,000
$200,000
$200,000
Rebates, Refunds, and Reimbursements Not Itemized
$200,000
$200,000
$200,000
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
$9,020,669
$9,020,669
$9,020,669
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.
3158
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
$12,843,082 $12,843,082
$441,458 $441,458 $9,789,701 $9,789,701 $9,789,701 $23,074,241
$12,843,082 $12,843,082
$441,458 $441,458 $9,789,701 $9,789,701 $9,789,701 $23,074,241
$12,843,082 $12,843,082
$441,458 $441,458 $9,789,701 $9,789,701 $9,789,701 $23,074,241
334.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$47,040
$47,040
$47,040
334.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$25,460
$25,460
$25,460
334.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$72,437
$72,437
$72,437
334.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$67,766
$67,766
$67,766
334.5 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$2,747
$2,747
$2,747
334.100 -Quick Start and Customized Services
Appropriation (HB 76)
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
$13,058,532 $13,058,532 $13,058,532
State General Funds
$13,058,532 $13,058,532 $13,058,532
TOTAL FEDERAL FUNDS
$441,458
$441,458
$441,458
Federal Funds Not Itemized
$441,458
$441,458
$441,458
TOTAL AGENCY FUNDS
$9,789,701
$9,789,701
$9,789,701
Sales and Services
$9,789,701
$9,789,701
$9,789,701
Sales and Services Not Itemized
$9,789,701
$9,789,701
$9,789,701
TOTAL PUBLIC FUNDS
$23,289,691 $23,289,691 $23,289,691
MONDAY, MARCH 23, 2015
3159
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
postsecondary education or training to increase their competitiveness in the workplace.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Child Care and Development Block Grant CFDA93.575
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
$296,221,880 $296,221,880 $61,613,024 $59,391,349
$2,221,675 $330,153,886 $330,153,886 $60,287,450 $269,866,436
$1,250,000 $1,250,000 $1,250,000 $689,238,790
$296,221,880 $296,221,880 $61,613,024 $59,391,349
$2,221,675 $330,153,886 $330,153,886 $60,287,450 $269,866,436
$1,250,000 $1,250,000 $1,250,000 $689,238,790
$296,221,880 $296,221,880 $61,613,024 $59,391,349
$2,221,675 $330,153,886 $330,153,886 $60,287,450 $269,866,436
$1,250,000 $1,250,000 $1,250,000 $689,238,790
335.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$1,683,719
$1,683,719
$1,683,719
335.2 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$1,208,640
$1,208,640
$1,208,640
335.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$2,840,847
$2,840,847
$2,840,847
335.4 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$48,418
$48,418
$48,418
335.5 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$336,702
$336,702
$336,702
335.6 Increase funds for formula growth to reflect a 2.4% increase in square footage.
State General Funds
$1,214,337
$1,214,337
$1,214,337
3160
JOURNAL OF THE HOUSE
335.7 Utilize existing funds of $500,000 in savings from the merger of Moultrie Technical College and Southwest Georgia Technical
College to fund personnel and operations for the precision manufacturing designation at West Georgia Technical College.
(G:YES)(H:YES)(S:YES)
State General Funds
$0
($193,042)
$0
335.100 -Technical Education
Appropriation (HB 76)
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 STATE FUNDS
$303,554,543 $303,361,501 $303,554,543
State General Funds
$303,554,543 $303,361,501 $303,554,543
TOTAL FEDERAL FUNDS
$61,613,024 $61,613,024 $61,613,024
Federal Funds Not Itemized
$59,391,349 $59,391,349 $59,391,349
FFIND Child Care and Development Block Grant CFDA93.575
$2,221,675
$2,221,675
$2,221,675
TOTAL AGENCY FUNDS
$330,153,886 $330,153,886 $330,153,886
Sales and Services
$330,153,886 $330,153,886 $330,153,886
Sales and Services Not Itemized
$60,287,450 $60,287,450 $60,287,450
Tuition and Fees for Higher Education
$269,866,436 $269,866,436 $269,866,436
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
$696,571,453 $696,378,411 $696,571,453
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
Section Total - Continuation
$864,106,198 $864,106,198 $864,106,198
$15,028,477 $15,028,477 $15,028,477
$849,077,721 $849,077,721 $849,077,721
$1,593,146,310 $1,593,146,310 $1,593,146,310
$66,861,369 $66,861,369 $66,861,369
$1,526,284,941 $1,526,284,941 $1,526,284,941
$89,566,703 $89,566,703 $89,566,703
$681,643
$681,643
$681,643
MONDAY, MARCH 23, 2015
3161
Intergovernmental Transfers Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$681,643 $88,885,060 $88,885,060 $2,546,819,211
$681,643 $88,885,060 $88,885,060 $2,546,819,211
$681,643 $88,885,060 $88,885,060 $2,546,819,211
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 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
$876,295,966 $9,719,452
$866,576,514 $1,593,146,310
$66,861,369 $1,526,284,941
$89,566,703
$681,643 $681,643 $88,885,060 $88,885,060 $2,559,008,979
$891,496,632 $24,920,118 $866,576,514 $1,593,146,310 $66,861,369 $1,526,284,941 $93,537,703
$3,971,000 $3,971,000
$681,643 $681,643 $88,885,060 $88,885,060 $2,578,180,645
$890,537,224 $23,960,710 $866,576,514 $1,593,146,310 $66,861,369 $1,526,284,941 $93,537,703
$3,971,000 $3,971,000
$681,643 $681,643 $88,885,060 $88,885,060 $2,577,221,237
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 AGENCY FUNDS Sales and Services
$213,393,476 $0
$213,393,476 $925,252,699 $925,252,699 $55,300,430 $55,300,430
$213,393,476 $0
$213,393,476 $925,252,699 $925,252,699 $55,300,430 $55,300,430
$213,393,476 $0
$213,393,476 $925,252,699 $925,252,699 $55,300,430 $55,300,430
3162
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$55,300,430 $55,300,430 $55,300,430 $1,193,946,605 $1,193,946,605 $1,193,946,605
336.1 Increase funds for the I-285/GA 400 interchange project. State Motor Fuel Funds 336.2 Increase funds for contracts for additional quick response projects. State Motor Fuel Funds
$5,922,309 $3,923,005
$5,922,309 $3,923,005
$5,922,309 $3,923,005
336.100 -Capital Construction Projects
Appropriation (HB 76)
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
$223,238,790 $223,238,790 $223,238,790
State Motor Fuel Funds
$223,238,790 $223,238,790 $223,238,790
TOTAL FEDERAL FUNDS
$925,252,699 $925,252,699 $925,252,699
Federal Highway Admin.-Planning & Construction CFDA20.205
$925,252,699 $925,252,699 $925,252,699
TOTAL AGENCY FUNDS
$55,300,430 $55,300,430 $55,300,430
Sales and Services
$55,300,430 $55,300,430 $55,300,430
Sales and Services Not Itemized
$55,300,430 $55,300,430 $55,300,430
TOTAL PUBLIC FUNDS
$1,203,791,919 $1,203,791,919 $1,203,791,919
Capital Maintenance Projects
Continuation Budget
The purpose of this appropriation is to provide funding for capital outlay for maintenance 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
$60,560,150 $0
$60,560,150 $183,218,385 $183,218,385
$350,574 $350,574 $350,574 $244,129,109
$60,560,150 $0
$60,560,150 $183,218,385 $183,218,385
$350,574 $350,574 $350,574 $244,129,109
$60,560,150 $0
$60,560,150 $183,218,385 $183,218,385
$350,574 $350,574 $350,574 $244,129,109
MONDAY, MARCH 23, 2015
3163
337.1 Transfer funds from the Capital Maintenance Projects program to the Routine Maintenance program for additional service
agreements.
State Motor Fuel Funds
($19,076,746) ($19,076,746) ($19,076,746)
337.100 -Capital Maintenance Projects
Appropriation (HB 76)
The purpose of this appropriation is to provide funding for capital outlay for maintenance projects.
TOTAL STATE FUNDS
$41,483,404 $41,483,404 $41,483,404
State Motor Fuel Funds
$41,483,404 $41,483,404 $41,483,404
TOTAL FEDERAL FUNDS
$183,218,385 $183,218,385 $183,218,385
Federal Highway Admin.-Planning & Construction CFDA20.205
$183,218,385 $183,218,385 $183,218,385
TOTAL AGENCY FUNDS
$350,574
$350,574
$350,574
Sales and Services
$350,574
$350,574
$350,574
Sales and Services Not Itemized
$350,574
$350,574
$350,574
TOTAL PUBLIC FUNDS
$225,052,363 $225,052,363 $225,052,363
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
$81,565,819 $0
$81,565,819 $68,642,990 $68,642,990
$963,619 $963,619 $963,619 $151,172,428
$81,565,819 $0
$81,565,819 $68,642,990 $68,642,990
$963,619 $963,619 $963,619 $151,172,428
$81,565,819 $0
$81,565,819 $68,642,990 $68,642,990
$963,619 $963,619 $963,619 $151,172,428
338.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State Motor Fuel Funds
$558,335
$558,335
$558,335
3164
JOURNAL OF THE HOUSE
338.2 Recognize prior-year motor fuel funds. (S:Utilize existing funds ($721,000) for a pedestrian bridge across Georgia State
Highway 21 to provide access to the new Port Wentworth K-8 school)
Reserved Fund Balances Not Itemized
$3,500,000
$3,500,000
338.100-Construction Administration
Appropriation (HB 76)
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
$82,124,154 $82,124,154 $82,124,154
State Motor Fuel Funds
$82,124,154 $82,124,154 $82,124,154
TOTAL FEDERAL FUNDS
$68,642,990 $68,642,990 $68,642,990
Federal Highway Admin.-Planning & Construction CFDA20.205
$68,642,990 $68,642,990 $68,642,990
TOTAL AGENCY FUNDS
$963,619
$4,463,619
$4,463,619
Reserved Fund Balances
$3,500,000
$3,500,000
Reserved Fund Balances Not Itemized
$3,500,000
$3,500,000
Sales and Services
$963,619
$963,619
$963,619
Sales and Services Not Itemized
$963,619
$963,619
$963,619
TOTAL PUBLIC FUNDS
$151,730,763 $155,230,763 $155,230,763
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
$2,815,060 $0
$2,815,060 $10,270,257 $10,270,257
$62,257 $62,257 $62,257 $13,147,574
$2,815,060 $0
$2,815,060 $10,270,257 $10,270,257
$62,257 $62,257 $62,257 $13,147,574
$2,815,060 $0
$2,815,060 $10,270,257 $10,270,257
$62,257 $62,257 $62,257 $13,147,574
MONDAY, MARCH 23, 2015
3165
339.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State Motor Fuel Funds
$10,286
$10,286
$10,286
339.2 Recognize prior-year motor fuel funds.
Reserved Fund Balances Not Itemized
$233,000
$233,000
339.100-Data Collection, Compliance and Reporting
Appropriation (HB 76)
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
$2,825,346
$2,825,346
$2,825,346
State Motor Fuel Funds
$2,825,346
$2,825,346
$2,825,346
TOTAL FEDERAL FUNDS
$10,270,257 $10,270,257 $10,270,257
Federal Highway Admin.-Planning & Construction CFDA20.205
$10,270,257 $10,270,257 $10,270,257
TOTAL AGENCY FUNDS
$62,257
$295,257
$295,257
Reserved Fund Balances
$233,000
$233,000
Reserved Fund Balances Not Itemized
$233,000
$233,000
Sales and Services
$62,257
$62,257
$62,257
Sales and Services Not Itemized
$62,257
$62,257
$62,257
TOTAL PUBLIC FUNDS
$13,157,860 $13,390,860 $13,390,860
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
$55,480,776 $0
$55,480,776 $10,839,823 $10,839,823
$898,970 $898,970 $898,970 $67,219,569
$55,480,776 $0
$55,480,776 $10,839,823 $10,839,823
$898,970 $898,970 $898,970 $67,219,569
$55,480,776 $0
$55,480,776 $10,839,823 $10,839,823
$898,970 $898,970 $898,970 $67,219,569
3166
JOURNAL OF THE HOUSE
340.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State Motor Fuel Funds
$279,752
$279,752
$279,752
340.2 Recognize prior-year motor fuel funds.
Reserved Fund Balances Not Itemized
$238,000
$238,000
340.3 Utilize existing funds for personnel for one position to assist emerging minority contractors. (S:YES)
State Motor Fuel Funds
$0
340.100-Departmental Administration
Appropriation (HB 76)
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
$55,760,528 $55,760,528 $55,760,528
State Motor Fuel Funds
$55,760,528 $55,760,528 $55,760,528
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
$1,136,970
$1,136,970
Reserved Fund Balances
$238,000
$238,000
Reserved Fund Balances Not Itemized
$238,000
$238,000
Sales and Services
$898,970
$898,970
$898,970
Sales and Services Not Itemized
$898,970
$898,970
$898,970
TOTAL PUBLIC FUNDS
$67,499,321 $67,737,321 $67,737,321
Intermodal
Continuation Budget
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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services
$15,028,477 $15,028,477 $66,861,369 $66,861,369
$782,232 $681,643 $681,643 $100,589
$15,028,477 $15,028,477 $66,861,369 $66,861,369
$782,232 $681,643 $681,643 $100,589
$15,028,477 $15,028,477 $66,861,369 $66,861,369
$782,232 $681,643 $681,643 $100,589
MONDAY, MARCH 23, 2015
3167
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$100,589 $82,672,078
$100,589 $82,672,078
$100,589 $82,672,078
341.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$45,012
$45,012
$45,012
341.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$11,940
$11,940
$11,940
341.3 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($14,258)
($14,258)
($14,258)
341.4 Reduce funds for Airport Aid grants and benefits to match anticipated federal funds. (H and S:NO; Increase funds for airport
aid grants)
State General Funds
($5,351,719)
$250,000
$1,250,000
341.5 It is the intent of the General Assembly that funds appropriated to any public transit system, including capital outlay, shall
meet the requirements of 49 USC s. 5323 (r), which allows reasonable access to public transportation facilities by private sector
transportation operators to such facilities including intermodal facilities, bus-only highway lanes, and park and ride lots so
constructed with bond funds. To encourage furtherance of such public-private partnerships in transit throughout Georgia, the
requirements of said section shall be met regardless of federal fund participation in any project funded through use of bond funds
provided herein. (S:YES)
State General Funds
$0
341.100 -Intermodal
Appropriation (HB 76)
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
$9,719,452 $15,321,171 $16,321,171
State General Funds
$9,719,452 $15,321,171 $16,321,171
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
$782,232
$782,232
$782,232
Intergovernmental Transfers
$681,643
$681,643
$681,643
Intergovernmental Transfers Not Itemized
$681,643
$681,643
$681,643
Sales and Services
$100,589
$100,589
$100,589
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Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$100,589 $77,363,053
$100,589 $82,964,772
$100,589 $83,964,772
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
$122,470,000 $0
$122,470,000 $122,470,000
$122,470,000 $0
$122,470,000 $122,470,000
$122,470,000 $0
$122,470,000 $122,470,000
342.100 -Local Maintenance and Improvement Grants
Appropriation (HB 76)
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
$122,470,000 $122,470,000 $122,470,000
State Motor Fuel Funds
$122,470,000 $122,470,000 $122,470,000
TOTAL PUBLIC FUNDS
$122,470,000 $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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$4,346,461 $0
$4,346,461 $91,655,917 $91,655,917
$595,233 $595,233 $595,233 $96,597,611
$4,346,461 $0
$4,346,461 $91,655,917 $91,655,917
$595,233 $595,233 $595,233 $96,597,611
$4,346,461 $0
$4,346,461 $91,655,917 $91,655,917
$595,233 $595,233 $595,233 $96,597,611
MONDAY, MARCH 23, 2015
3169
343.100 -Local Road Assistance Administration
Appropriation (HB 76)
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
$4,346,461
$4,346,461
$4,346,461
State Motor Fuel Funds
$4,346,461
$4,346,461
$4,346,461
TOTAL FEDERAL FUNDS
$91,655,917 $91,655,917 $91,655,917
Federal Highway Admin.-Planning & Construction CFDA20.205
$91,655,917 $91,655,917 $91,655,917
TOTAL AGENCY FUNDS
$595,233
$595,233
$595,233
Sales and Services
$595,233
$595,233
$595,233
Sales and Services Not Itemized
$595,233
$595,233
$595,233
TOTAL PUBLIC FUNDS
$96,597,611 $96,597,611 $96,597,611
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
$2,263,226 $0
$2,263,226 $14,683,804 $14,683,804 $16,947,030
$2,263,226 $0
$2,263,226 $14,683,804 $14,683,804 $16,947,030
$2,263,226 $0
$2,263,226 $14,683,804 $14,683,804 $16,947,030
344.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State Motor Fuel Funds
$7,152
$7,152
$7,152
344.100 -Planning
Appropriation (HB 76)
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
$2,270,378
$2,270,378
$2,270,378
State Motor Fuel Funds
$2,270,378
$2,270,378
$2,270,378
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TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL PUBLIC FUNDS
$14,683,804 $14,683,804 $16,954,182
$14,683,804 $14,683,804 $16,954,182
$14,683,804 $14,683,804 $16,954,182
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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$194,580,109 $0
$194,580,109 $25,086,452 $25,086,452
$5,078,904 $5,078,904 $5,078,904 $224,745,465
$194,580,109 $0
$194,580,109 $25,086,452 $25,086,452
$5,078,904 $5,078,904 $5,078,904 $224,745,465
$194,580,109 $0
$194,580,109 $25,086,452 $25,086,452
$5,078,904 $5,078,904 $5,078,904 $224,745,465
345.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State Motor Fuel Funds
$734,872
$734,872
$734,872
345.2 Transfer funds from the Capital Maintenance Projects program to the Routine Maintenance program for additional service
agreements.
State Motor Fuel Funds
$19,076,746 $19,076,746 $19,076,746
345.3 Increase funds for additional service agreements.
State Motor Fuel Funds
$3,947,712
$3,947,712
$3,947,712
345.100 -Routine Maintenance
Appropriation (HB 76)
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,
MONDAY, MARCH 23, 2015
3171
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
$218,339,439 $218,339,439 $218,339,439
State Motor Fuel Funds
$218,339,439 $218,339,439 $218,339,439
TOTAL FEDERAL FUNDS
$25,086,452 $25,086,452 $25,086,452
Federal Highway Admin.-Planning & Construction CFDA20.205
$25,086,452 $25,086,452 $25,086,452
TOTAL AGENCY FUNDS
$5,078,904
$5,078,904
$5,078,904
Sales and Services
$5,078,904
$5,078,904
$5,078,904
Sales and Services Not Itemized
$5,078,904
$5,078,904
$5,078,904
TOTAL PUBLIC FUNDS
$248,504,795 $248,504,795 $248,504,795
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
$19,756,231 $0
$19,756,231 $46,110,542 $46,110,542 $25,534,484 $25,534,484 $25,534,484 $91,401,257
$19,756,231 $0
$19,756,231 $46,110,542 $46,110,542 $25,534,484 $25,534,484 $25,534,484 $91,401,257
$19,756,231 $0
$19,756,231 $46,110,542 $46,110,542 $25,534,484 $25,534,484 $25,534,484 $91,401,257
346.1 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State Motor Fuel Funds
$115,370
$115,370
$115,370
346.2 Increase funds for traffic management and control projects to match federal funds.
State Motor Fuel Funds
$2,000,000
$2,000,000
$2,000,000
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346.100 -Traffic Management and Control
Appropriation (HB 76)
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
$21,871,601 $21,871,601 $21,871,601
State Motor Fuel Funds
$21,871,601 $21,871,601 $21,871,601
TOTAL FEDERAL FUNDS
$46,110,542 $46,110,542 $46,110,542
Federal Highway Admin.-Planning & Construction CFDA20.205
$46,110,542 $46,110,542 $46,110,542
TOTAL AGENCY FUNDS
$25,534,484 $25,534,484 $25,534,484
Sales and Services
$25,534,484 $25,534,484 $25,534,484
Sales and Services Not Itemized
$25,534,484 $25,534,484 $25,534,484
TOTAL PUBLIC FUNDS
$93,516,627 $93,516,627 $93,516,627
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
$91,846,413 $0
$91,846,413 $150,524,072 $150,524,072 $242,370,485
$91,846,413 $0
$91,846,413 $150,524,072 $150,524,072 $242,370,485
$91,846,413 $0
$91,846,413 $150,524,072 $150,524,072 $242,370,485
347.1 Utilize existing funds of $7,639,539 in the Georgia Transportation Infrastructure Bank program for debt service. (G:YES)(H
and S:NO; Provide new funds of $7,639,539 for the Georgia Transportation Infrastructure Bank program for debt service)
State General Funds
$7,639,539
$7,639,539
State Motor Fuel Funds
$0
$0
$0
Total Public Funds:
$0
$7,639,539
$7,639,539
MONDAY, MARCH 23, 2015
3173
347.2 Utilize existing funds of $1,959,408 for debt service. (G:YES)(H:NO; Provide new funds of $1,959,408 for debt
service)(S:YES)
State General Funds
$1,959,408
$0
State Motor Fuel Funds
$0
$0
$0
Total Public Funds:
$0
$1,959,408
$0
347.3 The General Assembly finds that at least 25 percent of the Georgia Transportation Infrastructure Bank funds should be utilized
by qualified applicants of Tier 1 and Tier 2 counties. If there are not enough qualified applications from Tier 1 and Tier 2 counties,
the remainder of the 25 percent may be awarded to other qualified applicants. (H:YES)(S:YES)
State Motor Fuel Funds
$0
$0
347.99 SAC: The purpose of this appropriation is to fund debt service payments and other finance instruments and for operations.
House: The purpose of this appropriation is to fund debt service payments and other finance instruments and for operations.
Governor: The purpose of this appropriation is to fund debt service payments and other finance instruments and for operations.
State Motor Fuel Funds
$0
$0
$0
347.100-Payments to the State Road and Tollway Authority
Appropriation (HB 76)
The purpose of this appropriation is to fund debt service payments and other finance instruments and for operations.
TOTAL STATE FUNDS
$91,846,413 $101,445,360 $99,485,952
State General Funds
$0
$9,598,947
$7,639,539
State Motor Fuel Funds
$91,846,413 $91,846,413 $91,846,413
TOTAL FEDERAL FUNDS
$150,524,072 $150,524,072 $150,524,072
Federal Highway Admin.-Planning & Construction CFDA20.205
$150,524,072 $150,524,072 $150,524,072
TOTAL PUBLIC FUNDS
$242,370,485 $251,969,432 $250,010,024
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,
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JOURNAL OF THE HOUSE
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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Continuation
$20,501,201 $20,501,201
$20,501,201 $20,501,201
$16,264,569 $16,264,569
$16,264,569 $16,264,569
$4,416,369
$4,416,369
$4,416,369
$4,416,369
$4,416,369
$4,416,369
$41,182,139 $41,182,139
$20,501,201 $20,501,201 $16,264,569 $16,264,569
$4,416,369 $4,416,369 $4,416,369 $41,182,139
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
$20,809,518 $20,809,518 $15,921,280 $15,921,280
$4,339,080 $4,339,080 $4,339,080 $41,069,878
$20,809,518 $20,809,518 $16,158,743 $16,158,743
$4,392,543 $4,392,543 $4,392,543 $41,360,804
$20,809,518 $20,809,518 $16,105,830 $16,105,830
$4,380,630 $4,380,630 $4,380,630 $41,295,978
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.
MONDAY, MARCH 23, 2015
3175
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$1,758,956 $1,758,956 $1,758,956
$1,758,956 $1,758,956 $1,758,956
$1,758,956 $1,758,956 $1,758,956
348.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$21,334
$21,334
$21,334
348.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$9,379
$9,379
$9,379
348.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$6,114
$6,114
$6,114
348.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$2,822
$2,822
$2,822
348.100 -Administration
Appropriation (HB 76)
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
$1,798,605
$1,798,605
$1,798,605
State General Funds
$1,798,605
$1,798,605
$1,798,605
TOTAL PUBLIC FUNDS
$1,798,605
$1,798,605
$1,798,605
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 Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$554,697 $554,697 $178,004 $178,004 $732,701
$554,697 $554,697 $178,004 $178,004 $732,701
$554,697 $554,697 $178,004 $178,004 $732,701
349.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$11,769
$11,769
$11,769
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JOURNAL OF THE HOUSE
349.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$5,796
$5,796
$5,796
349.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$824
$824
$824
349.4 Transfer funds from the Georgia War Veterans Nursing Homes program to the Georgia Veterans Memorial Cemetery program
for two positions. (S:Transfer funds from the Georgia War Veterans Nursing Homes program to the Georgia Veterans Memorial
Cemetery program for three positions)
State General Funds
$82,000
$82,000
$123,000
349.5 Reduce funds for one-time pre-design expenses for cemetery expansion.
State General Funds
($35,000)
($35,000)
($35,000)
349.6 Transfer funds from the Georgia War Veterans Nursing Homes program to the Georgia Veterans Memorial Cemetery program
for one-time design expenses for cemetery expansion. (H and S:NO; Funding provided in the Amended FY2015 budget (HB75, 2015
Session))
State General Funds
$184,000
$0
$0
349.100-Georgia Veterans Memorial Cemetery
Appropriation (HB 76)
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
$804,086
$620,086
$661,086
State General Funds
$804,086
$620,086
$661,086
TOTAL FEDERAL FUNDS
$178,004
$178,004
$178,004
Federal Funds Not Itemized
$178,004
$178,004
$178,004
TOTAL PUBLIC FUNDS
$982,090
$798,090
$839,090
Georgia War Veterans Nursing Homes
Continuation Budget
The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS
$11,929,755 $11,929,755 $13,459,125 $13,459,125
$2,416,369
$11,929,755 $11,929,755 $13,459,125 $13,459,125
$2,416,369
$11,929,755 $11,929,755 $13,459,125 $13,459,125
$2,416,369
MONDAY, MARCH 23, 2015
3177
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$2,416,369 $2,416,369 $27,805,249
$2,416,369 $2,416,369 $27,805,249
$2,416,369 $2,416,369 $27,805,249
350.1 Increase funds to reflect an adjustment in the employer share of the Teachers Retirement System from 13.15% to 14.27%.
State General Funds
$50,426
$50,426
$50,426
350.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$49,231
$49,231
$49,231
350.3 Increase funds for the employer share of health insurance ($13,320) and retiree health benefits ($31,620).
State General Funds
$44,940
$44,940
$44,940
350.4 Transfer funds from the Georgia War Veterans Nursing Homes program to the Georgia Veterans Memorial Cemetery program
for two positions. (S:Transfer funds from the Georgia War Veterans Nursing Homes program to the Georgia Veterans Memorial
Cemetery program for three positions)
State General Funds
($82,000)
($82,000)
($123,000)
Federal Funds Not Itemized
($105,826)
($105,826)
($158,739)
Sales and Services Not Itemized
($23,826)
($23,826)
($35,739)
Total Public Funds:
($211,652)
($211,652)
($317,478)
350.5 Transfer funds from the Georgia War Veterans Nursing Homes program to the Georgia Veterans Memorial Cemetery program
for one-time design expenses for cemetery expansion. (H and S:NO; Utilize existing funds to increase daily census)
State General Funds
($184,000)
$0
$0
Federal Funds Not Itemized
($237,463)
$0
$0
Sales and Services Not Itemized
($53,463)
$0
$0
Total Public Funds:
($474,926)
$0
$0
350.100-Georgia War Veterans Nursing Homes
Appropriation (HB 76)
The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans.
TOTAL STATE FUNDS
$11,808,352 $11,992,352 $11,951,352
State General Funds
$11,808,352 $11,992,352 $11,951,352
TOTAL FEDERAL FUNDS
$13,115,836 $13,353,299 $13,300,386
Federal Funds Not Itemized
$13,115,836 $13,353,299 $13,300,386
TOTAL AGENCY FUNDS
$2,339,080
$2,392,543
$2,380,630
Sales and Services
$2,339,080
$2,392,543
$2,380,630
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JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$2,339,080 $27,263,268
$2,392,543 $27,738,194
$2,380,630 $27,632,368
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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$6,257,793 $6,257,793 $2,627,440 $2,627,440 $2,000,000 $2,000,000 $2,000,000 $10,885,233
$6,257,793 $6,257,793 $2,627,440 $2,627,440 $2,000,000 $2,000,000 $2,000,000 $10,885,233
$6,257,793 $6,257,793 $2,627,440 $2,627,440 $2,000,000 $2,000,000 $2,000,000 $10,885,233
351.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$91,019
$91,019
$91,019
351.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$40,876
$40,876
$40,876
351.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$8,787
$8,787
$8,787
351.100 -Veterans Benefits
Appropriation (HB 76)
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
$6,398,475
$6,398,475
$6,398,475
State General Funds
$6,398,475
$6,398,475
$6,398,475
TOTAL FEDERAL FUNDS
$2,627,440
$2,627,440
$2,627,440
Federal Funds Not Itemized
$2,627,440
$2,627,440
$2,627,440
MONDAY, MARCH 23, 2015
3179
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$2,000,000 $2,000,000 $2,000,000 $11,025,915
$2,000,000 $2,000,000 $2,000,000 $11,025,915
$2,000,000 $2,000,000 $2,000,000 $11,025,915
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
$22,529,716 $22,529,716
$22,529,716 $22,529,716
$523,832
$523,832
$523,832
$523,832
$523,832
$523,832
$23,053,548 $23,053,548
$22,529,716 $22,529,716
$523,832 $523,832 $523,832 $23,053,548
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$22,297,742 $22,297,742
$373,832 $373,832 $373,832 $22,671,574
$22,297,742 $22,297,742
$373,832 $373,832 $373,832 $22,671,574
$22,297,742 $22,297,742
$373,832 $373,832 $373,832 $22,671,574
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
$11,985,822 $11,985,822
$458,353 $458,353 $458,353 $12,444,175
$11,985,822 $11,985,822
$458,353 $458,353 $458,353 $12,444,175
$11,985,822 $11,985,822
$458,353 $458,353 $458,353 $12,444,175
3180
JOURNAL OF THE HOUSE
352.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$189,858
$189,858
$189,858
352.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$91,333
$91,333
$91,333
352.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$7,162
$7,162
$7,162
352.4 Transfer funds from the Board Administration program to the Administer the Workers' Compensation Laws program to
properly align budget with program expenditures.
State General Funds
$150,000
$150,000
$150,000
352.5 Reduce funds for sales and services to reflect other funds received.
Sales and Services Not Itemized
($150,000)
($150,000)
($150,000)
352.100 -Administer the Workers' Compensation Laws
Appropriation (HB 76)
The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation
law.
TOTAL STATE FUNDS
$12,424,175 $12,424,175 $12,424,175
State General Funds
$12,424,175 $12,424,175 $12,424,175
TOTAL AGENCY FUNDS
$308,353
$308,353
$308,353
Sales and Services
$308,353
$308,353
$308,353
Sales and Services Not Itemized
$308,353
$308,353
$308,353
TOTAL PUBLIC FUNDS
$12,732,528 $12,732,528 $12,732,528
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
$10,543,894 $10,543,894
$65,479 $65,479 $65,479 $10,609,373
$10,543,894 $10,543,894
$65,479 $65,479 $65,479 $10,609,373
$10,543,894 $10,543,894
$65,479 $65,479 $65,479 $10,609,373
MONDAY, MARCH 23, 2015
3181
353.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$33,809
$33,809
$33,809
353.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$17,510
$17,510
$17,510
353.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$1,072
$1,072
$1,072
353.4 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$2,709
$2,709
$2,709
353.5 Reduce funds for the payment to the Office of the State Treasurer from $4,728,320 to $4,152,893.
State General Funds
($575,427)
($575,427)
($575,427)
353.6 Transfer funds from the Board Administration program to the Administer the Workers' Compensation Laws program to
properly align budget with program expenditures.
State General Funds
($150,000)
($150,000)
($150,000)
353.100 -Board Administration
Appropriation (HB 76)
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
$9,873,567
$9,873,567
$9,873,567
State General Funds
$9,873,567
$9,873,567
$9,873,567
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
$9,939,046
$9,939,046
$9,939,046
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
Section Total - Continuation
$1,116,960,788 $1,116,960,788 $1,116,960,788 $960,280,975 $960,280,975 $960,280,975 $156,679,813 $156,679,813 $156,679,813 $18,260,833 $18,260,833 $18,260,833 $18,260,833 $18,260,833 $18,260,833
$1,135,221,621 $1,135,221,621 $1,135,221,621
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JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$1,189,909,310 $1,053,132,033
$136,777,277 $18,260,833 $18,260,833 $1,208,170,143
$1,205,323,193 $1,068,545,916
$136,777,277 $18,260,833 $18,260,833 $1,223,584,026
$1,209,882,016 $1,073,104,739
$136,777,277 $18,260,833 $18,260,833 $1,228,142,849
General Obligation Debt Sinking Fund - Issued
Continuation Budget
TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$1,018,202,703 $863,448,490 $154,754,213 $18,260,833 $18,260,833
$1,036,463,536
$1,018,202,703 $863,448,490 $154,754,213 $18,260,833 $18,260,833
$1,036,463,536
$1,018,202,703 $863,448,490 $154,754,213 $18,260,833 $18,260,833
$1,036,463,536
354.1 Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds.
State General Funds
$96,832,485 $96,832,485 $96,832,485
State Motor Fuel Funds
$1,925,600
$1,925,600
$1,925,600
Total Public Funds:
$98,758,085 $98,758,085 $98,758,085
354.2 Reduce funds for debt service to reflect projected need.
State Motor Fuel Funds
($19,902,536) ($19,902,536) ($19,902,536)
354.3 Redirect $1,000,000 in 20-year unissued bonds from FY2012 for the State Board of Education for the purpose of financing
educational facilities for county and independent school systems through the Capital Outlay Program - Regular (HB78, Bond
379.301) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide.
(G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
354.4 Redirect $1,199,842 in 20-year unissued bonds from FY2013 for the State Board of Education for the purpose of financing
educational facilities for county and independent school systems through the Capital Outlay Program - Growth (HB742, Bond #2) to
be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide. (G:YES)(H and S:YES; Redirect
$1,190,000 in 20-year unissued bonds from FY2013 for the State Board of Education for the purpose of financing educational
MONDAY, MARCH 23, 2015
3183
facilities for county and independent school systems through the Capital Outlay Program - Growth (HB742, Bond #2) to be used for
the FY2016 Capital Outlay Program - Regular for local school construction, statewide)
State General Funds
$0
$0
$0
354.5 Redirect $1,463,000 in 20-year unissued bonds from FY2012 for the State Board of Education for the purpose of financing
educational facilities for county and independent school systems through the Capital Outlay Program - Regular Advance (HB78,
Bond 379.303) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide. (G:YES)(H and
S:YES; Redirect $1,260,000 in 20-year unissued bonds from FY2012 for the State Board of Education for the purpose of financing
educational facilities for county and independent school systems through the Capital Outlay Program - Regular Advance (HB78,
Bond 379.303) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide)
State General Funds
$0
$0
$0
354.6 Redirect $2,148,000 in 20-year unissued bonds from FY2014 for the State Board of Education for the purpose of financing
educational facilities for county and independent school systems through the Capital Outlay Program - Regular (HB106, Bond
362.301) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide. (G:YES)(H and
S:YES; Redirect $2,145,000 in 20-year unissued bonds from FY2014 for the State Board of Education for the purpose of financing
educational facilities for county and independent school systems through the Capital Outlay Program - Regular (HB106, Bond
362.301) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide)
State General Funds
$0
$0
$0
354.7 Redirect $202,527 in 20-year unissued bonds from FY2013 for the State Board of Education for the purpose of financing
educational facilities for county and independent school systems through the Capital Outlay Program - Regular Advance (HB742,
Bond #3) to be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide.
(G:YES)(H:NO)(S:NO)
State General Funds
$0
$0
$0
354.8 Redirect $350,000 in 20-year unissued bonds from FY2014 for the State Board of Education for the purpose of financing
educational facilities for county and independent school systems through the Capital Outlay Program - Low Wealth (HB106, Bond
362.303) to be used for the FY2016 Capital Outlay Program - Low-Wealth for local school construction, statewide.
(G:YES)(H:YES)(S:YES)
State General Funds
$0
$0
$0
3184
JOURNAL OF THE HOUSE
354.9 Redirect $7,536,631 in 20-year unissued bonds from FY2013 for the State Board of Education for the purpose of financing
educational facilities for county and independent school systems through the Capital Outlay Program - Regular (HB742, Bond #1) to
be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide. (G:YES)(H and S:YES; Redirect
$4,320,000 in 20-year unissued bonds from FY2013 for the State Board of Education for the purpose of financing educational
facilities for county and independent school systems through the Capital Outlay Program - Regular (HB742, Bond #1) to be used for
the FY2016 Capital Outlay Program - Regular for local school construction, statewide)
State General Funds
$0
$0
$0
354.10 Redirect $3,635,000 in 20-year issued bonds from FY2013 for the State Board of Education for the purpose of financing
educational facilities for county and independent school systems through the Capital Outlay Program - Regular (HB742, Bond #1) to
be used for the FY2016 Capital Outlay Program - Regular for local school construction, statewide. (H:YES)(S:YES)
State General Funds
$0
$0
354.11 Redirect $7,925,000 in 20-year unspent bond proceeds from FY2013 (HB742, Bond #79) for the Georgia Building Authority
for purchase, plan and design of Reserve Command building, Fort McPherson, Atlanta, Fulton County to be used for the demolition of
the Archives building for site of new Judicial Center, Atlanta, Fulton County and $6,909,305 to be used for facility improvements and
renovations statewide. (S:YES)
State General Funds
$0
354.12 Repeal the authorization of $4,000,000 in unissued 20-year bonds from FY2013 (HB742, Bond #24, revised in HB743) to
retrofit the Forces Command building at Fort McPherson for state use for the Georgia Building Authority for purchase, plan and
design. (S:YES)
State General Funds
($342,400)
354.13 Repeal the authorization of $260,000 in unissued 5-year bonds from FY2013 (HB742, Bond #42) for equipment for the
classroom building, Southern Crescent Technical College, McDonough, Henry County. (S:YES)
State General Funds
($60,060)
354.14 Repeal the authorization of $500,000 in unissued 20-year bonds from FY2011 (HB948, Bond #25) for Infrastructure
Expansion, Augusta State University, Augusta, Richmond County. (S:YES)
State General Funds
($43,600)
354.15 Repeal the authorization of $500,000 in unissued 20-year bonds from FY2011 (HB948, Bond #97) for water and sewer
rehabilitation on Department of Transportation owned land at the state Visitor Information Center on I-95. (S:YES)
State General Funds
($43,600)
354.16 Repeal the authorization of $5,000,000 in unissued 5-year bonds from FY2012 (HB78, Bond 379.511) in Department of
Community Health to implement a new eligibility system. (S:YES)
State General Funds
($1,155,000)
MONDAY, MARCH 23, 2015
3185
354.17 Repeal the authorization of $1,500,000 in unissued 20-year bonds from FY2011 (HB948, Bond #96) in Department of
Transportation for the Atlanta-Chattanooga High Speed Ground Project. (S:YES)
State General Funds
($130,800)
354.100 -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
$1,097,058,252 $960,280,975 $136,777,277 $18,260,833 $18,260,833
$1,115,319,085
Appropriation (HB 76)
$1,097,058,252 $1,095,282,792 $960,280,975 $958,505,515 $136,777,277 $136,777,277 $18,260,833 $18,260,833 $18,260,833 $18,260,833
$1,115,319,085 $1,113,543,625
General Obligation Debt Sinking Fund - New
Continuation Budget
TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL PUBLIC FUNDS
$98,758,085 $96,832,485
$1,925,600 $98,758,085
$98,758,085 $96,832,485
$1,925,600 $98,758,085
$98,758,085 $96,832,485
$1,925,600 $98,758,085
Total Debt Service
5 year at 5.07% State General Funds
10 year at 5.52% State General Funds
20 year at 5.77% State General Funds
20 year at 6.5% State General Funds
Total Amount State General Funds State Motor Fuel Funds
$23,547,264 $25,560,444 $27,696,266
$3,187,200
$3,187,200
$3,187,200
$41,857,544 $62,521,384 $66,260,820
$16,820,700 $16,811,620 $17,454,938
$85,412,708 $108,080,648 $114,599,224
3186
JOURNAL OF THE HOUSE
Total Principal Amount
5 year at 5.07% State General Funds
10 year at 5.52% State General Funds
20 year at 5.77% State General Funds
20 year at 6.5% State General Funds
Total Amount State General Funds State Motor Fuel Funds
$101,760,000 $110,460,000 $119,690,000 $24,000,000 $24,000,000 $24,000,000 $488,990,000 $730,390,000 $774,075,000 $185,250,000 $185,150,000 $192,235,000 $800,000,000 $1,050,000,000 $1,110,000,000
355.1 Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds.
State General Funds
($96,832,485) ($96,832,485)
State Motor Fuel Funds
($1,925,600) ($1,925,600)
Total Public Funds:
($98,758,085) ($98,758,085)
355.2 Increase funds for debt service.
State General Funds
$7,438,350
$184,293
($96,832,485) ($1,925,600) ($98,758,085)
$0
355.100 -General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS
$7,438,350 $7,438,350 $7,438,350
Appropriation (HB 76)
$184,293
$0
$184,293
$0
$184,293
$0
Education, Department of
355.101 BOND: K - 12 Schools: $188,790,000 in principal for 20 years at 5.77%: Fund the Capital Outlay Program - Regular for local school
construction statewide.
From State General Funds, $16,160,424 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 $188,790,000 in principal amount of General Obligation Debt,
the instruments of which shall have maturities not in excess of two hundred and forty months.
State General Funds
$16,160,424 $16,160,424 $16,160,424
MONDAY, MARCH 23, 2015
3187
Education, Department of
355.102 BOND: K - 12 Schools: $31,500,000 in principal for 20 years at 5.77%: Fund the Capital Outlay Program - Low-Wealth for local school
construction statewide.
From State General Funds, $2,696,400 is specifically appropriated for the purpose of financing educational
facilities for county and independent school systems through the State Board of Education (Department of
Education) through the issuance of not more than $31,500,000 in principal amount of General Obligation Debt,
the instruments of which shall have maturities not in excess of two hundred and forty months.
State General Funds
$2,696,400
$2,696,400
$2,696,400
Education, Department of
355.103 BOND: K - 12 Schools: $5,945,000 in principal for 20 years at 5.77%: Fund the Capital Outlay Program - Additional Project Specific Low-
Wealth for local school construction.
From State General Funds, $508,892 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 $5,945,000 in principal amount of General Obligation Debt, the instruments
of which shall have maturities not in excess of two hundred and forty months.
State General Funds
$508,892
$508,892
$508,892
Education, Department of
355.104 BOND: K - 12 Schools: $20,000,000 in principal for 10 years at 5.52%: Purchase 259 school buses, local school districts, statewide.
From State General Funds, $2,656,000 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 $20,000,000 in principal amount of General Obligation Debt,
the instruments of which shall have maturities not in excess of one hundred and twenty months.
State General Funds
$2,656,000
$2,656,000
$2,656,000
Education, Department of
355.105 BOND: K - 12 Schools: $3,000,000 in principal for 5 years at 5.07%: Fund vocational equipment statewide.
From State General Funds, $694,200 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 $3,000,000 in principal amount of General Obligation Debt, the instruments
of which shall have maturities not in excess of sixty months.
State General Funds
$694,200
$694,200
$694,200
Education, Department of
355.106 BOND: State Schools: $800,000 in principal for 20 years at 5.77%: Fund facility improvements and repairs at State Schools, multiple
locations.
From State General Funds, $68,480 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,
3188
JOURNAL OF THE HOUSE
or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and
personal, necessary or useful in connection therewith, through the issuance of not more than $800,000 in principal
amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred
and forty months.
State General Funds
$68,480
$68,480
$68,480
Education, Department of
355.107 BOND: DOE Locations Statewide: $9,500,000 in principal for 20 years at 6.5%: Fund building construction at the FFA/FCCLA Center,
Covington, Newton County. [Taxable Bond]
From State General Funds, $862,600 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
$9,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of two hundred and forty months.
State General Funds
$862,600
$862,600
$862,600
Education, Department of
355.108 BOND: DOE Locations Statewide: $12,000,000 in principal for 20 years at 5.77%: Fund facility major repairs, improvements, renovations,
and equipment at Georgia Network for Educational and Therapeutic Support (GNETS) program facilities statewide.
From State General Funds, $1,027,200 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
$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.
State General Funds
$1,027,200
$1,027,200
$1,027,200
University System of Georgia, Board of Regents
355.201 BOND: Regents: $60,000,000 in principal for 20 years at 5.77%: Fund facility major improvements and renovations statewide.
From State General Funds, $5,136,000 is specifically appropriated for the purpose of financing projects and
facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,
development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,
equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance
of not more than $60,000,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of two hundred and forty months.
State General Funds
$5,136,000
$5,136,000
$5,136,000
MONDAY, MARCH 23, 2015
3189
University System of Georgia, Board of Regents
355.202 BOND: University of Georgia: $3,300,000 in principal for 5 years at 5.07%: Purchase equipment for the new Science Learning Center,
University of Georgia, Athens, Clarke County.
From State General Funds, $763,620 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 $3,300,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of sixty months.
State General Funds
$763,620
$763,620
$763,620
University System of Georgia, Board of Regents
355.203 BOND: Columbus State University: $17,400,000 in principal for 20 years at 5.77%: Fund construction of an addition and renovation, and
equipment, Schwob Library, Columbus State University, Columbus, Muscogee County. (H and S:Fund construction of Academic Core renovations and additions, Columbus State University, Columbus, Muscogee County)
From State General Funds, $1,489,440 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 $17,400,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of two hundred and forty months.
State General Funds
$542,704
$1,016,072
$1,489,440
University System of Georgia, Board of Regents
355.204 BOND: Georgia College and State University: $9,100,000 in principal for 20 years at 5.77%: Fund construction of the historic Beeson Hall
renovation, Georgia College & State University, Milledgeville, Baldwin County.
From State General Funds, $778,960 is specifically appropriated for the purpose of financing projects and
facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,
development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,
equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance
of not more than $9,100,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of two hundred and forty months.
State General Funds
$778,960
$778,960
$778,960
University System of Georgia, Board of Regents
355.205 BOND: Savannah State University: $16,000,000 in principal for 20 years at 6.5%: Fund construction of the new science and technology
facility, Savannah State University, Savannah, Chatham County. [Taxable Bond]
From State General Funds, $1,452,800 is specifically appropriated for the purpose of financing projects and
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JOURNAL OF THE HOUSE
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 $16,000,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of two hundred and forty months.
State General Funds
$1,452,800
$1,452,800
$1,452,800
University System of Georgia, Board of Regents
355.206 BOND: University of Georgia: $43,135,000 in principal for 20 years at 6.5%: Fund design and construction of the Business Learning
Community - Phase II, University of Georgia, Athens, Clarke County. [Taxable Bond]
From State General Funds, $3,916,658 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 $43,135,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of two hundred and forty months.
State General Funds
$3,916,658
$3,916,658
$3,916,658
University System of Georgia, Board of Regents
355.207 BOND: University of Georgia: $17,000,000 in principal for 20 years at 6.5%: Fund design, construction, and equipment for the Center for
Molecular Medicine, University of Georgia, Athens, Clarke County. [Taxable Bond]
From State General Funds, $1,543,600 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 $17,000,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of two hundred and forty months.
State General Funds
$1,543,600
$1,543,600
$1,543,600
University System of Georgia, Board of Regents
355.208 BOND: Clayton State University: $1,400,000 in principal for 5 years at 5.07%: Fund design of academic core renovations, Clayton State
University, Morrow, Clayton County.
From State General Funds, $323,960 is specifically appropriated for the purpose of financing projects and
facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,
development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,
equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance
MONDAY, MARCH 23, 2015
3191
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.
State General Funds
$323,960
$323,960
$323,960
University System of Georgia, Board of Regents
355.209 BOND: Georgia Perimeter College: $500,000 in principal for 5 years at 5.07%: Fund design of facility expansion for instructional labs and
student learning, Georgia Perimeter College, Alpharetta, Fulton County.
From State General Funds, $115,700 is specifically appropriated for the purpose of financing projects and
facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,
development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,
equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance
of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of sixty months.
State General Funds
$115,700
$115,700
$115,700
University System of Georgia, Board of Regents
355.210 BOND: University of West Georgia: $1,900,000 in principal for 5 years at 5.07%: Fund design of the renovation and expansion of the Biology
Building, University of West Georgia, Carrollton, Carroll County.
From State General Funds, $439,660 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 $1,900,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of sixty months.
State General Funds
$439,660
$439,660
$439,660
University System of Georgia, Board of Regents
355.211 BOND: Middle Georgia State College: $1,500,000 in principal for 20 years at 5.77%: Fund construction of a truck driving pad at the Military
Academic and Training Center, Middle Georgia State College, Warner Robins, Houston County.
From State General Funds, $128,400 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of two hundred and forty months.
State General Funds
$128,400
$128,400
$128,400
3192
JOURNAL OF THE HOUSE
University System of Georgia, Board of Regents
355.212 BOND: Georgia Southern University: $33,600,000 in principal for 20 years at 5.77%: Fund design, construction, and equipment for the new
Interdisciplinary Academic Building, Georgia Southern University, Statesboro, Bulloch County.
From State General Funds, $2,876,160 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 $33,600,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of two hundred and forty months.
State General Funds
$2,876,160
$2,876,160
$2,876,160
University System of Georgia, Board of Regents
355.213 BOND: Regents: $4,000,000 in principal for 5 years at 5.07%: Purchase equipment for the Georgia Film Academy, multiple locations.
[Taxable Bond]
From State General Funds, $925,600 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 $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of sixty months.
State General Funds
$925,600
$925,600
$925,600
University System of Georgia, Board of Regents
355.214 BOND: Georgia Public Library System: $1,500,000 in principal for 20 years at 5.77%: Fund construction of the new Villa Rica Public Library,
Georgia Public Library System, Villa Rica, Carroll County.
From State General Funds, $128,400 is specifically appropriated for the purpose of financing public library
facilities for boards of trustees of public libraries or boards of trustees of public library systems through the
Board of Regents of the University System of Georgia, 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.
State General Funds
$128,400
$128,400
$128,400
University System of Georgia, Board of Regents
355.215 BOND: Georgia Public Telecommunications Commission: $350,000 in principal for 5 years at 5.07%: Fund facility repairs and sustainment,
Georgia Public Telecommunications Commission, Atlanta, Fulton County. [Taxable Bond]
From State General Funds, $80,990 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,
MONDAY, MARCH 23, 2015
3193
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 sixty months.
State General Funds
$80,990
$80,990
$80,990
University System of Georgia, Board of Regents
355.216 BOND: Georgia Public Telecommunications Commission: $270,000 in principal for 5 years at 5.07%: Fund replacement of transmitter site
monitoring and remote control system, Georgia Public Telecommunications Commission, multiple locations. [Taxable Bond]
From State General Funds, $62,478 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 $270,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of sixty months.
State General Funds
$62,478
$62,478
$62,478
University System of Georgia, Board of Regents
355.217 BOND: Georgia Research Alliance: $11,500,000 in principal for 5 years at 5.07%: Purchase equipment and fund GRA R&D infrastructure,
Georgia Research Alliance, multiple locations. [Taxable Bond]
From State General Funds, $2,661,100 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 $11,500,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of sixty months.
State General Funds
$2,661,100
$2,661,100
$2,661,100
University System of Georgia, Board of Regents
355.218 BOND: Roosevelt Warm Springs Institute: $17,550,000 in principal for 20 years at 6.5%: Fund GRU/GRHealth related facility improvements,
Roosevelt Warm Springs Institute, Warm Springs, Meriwether County. [Taxable Bond]
From State General Funds, $1,593,540 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 $17,550,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of two hundred and forty months.
State General Funds
$1,897,720
$1,897,720
$1,593,540
3194
JOURNAL OF THE HOUSE
University System of Georgia, Board of Regents
355.219 BOND: Georgia Gwinnett College: $11,500,000 in principal for 20 years at 5.77%: Fund construction of Academic Building, Georgia
Gwinnett College, Lawrenceville, Gwinnett County.
From State General Funds, $984,400 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 $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.
State General Funds
$492,200
$984,400
University System of Georgia, Board of Regents
355.220 BOND: Armstrong Atlantic State University: $1,800,000 in principal for 5 years at 5.07%: Fund planning and design of Health Profession
Academic Center, Armstrong State University, Savannah, Chatham County.
From State General Funds, $416,520 is specifically appropriated for the purpose of financing projects and
facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,
development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,
equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance
of not more than $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of sixty months.
State General Funds
$208,260
$416,520
University System of Georgia, Board of Regents
355.221 BOND: Atlanta Metropolitan State College: $700,000 in principal for 5 years at 5.07%: Fund planning and design of Student Services and
Success Center, Atlanta Metropolitan State College, Atlanta, Fulton County.
From State General Funds, $161,980 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 $700,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of sixty months.
State General Funds
$161,980
$161,980
University System of Georgia, Board of Regents
355.222 BOND: University of North Georgia: $3,500,000 in principal for 5 years at 5.07%: Fund planning and design of Convocation Center -
Dahlonega, University of North Georgia, Dahlonega, Lumpkin County.
From State General Funds, $809,900 is specifically appropriated for the purpose of financing projects and
facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,
MONDAY, MARCH 23, 2015
development, extension, enlargement, or improvement of land, waters, 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.
State General Funds
$404,950
$809,900
University System of Georgia, Board of Regents
355.223 BOND: University of Georgia: $5,000,000 in principal for 20 years at 5.77%: Fund planning, design, construction and equipment of Animal
and Dairy Science Building restoration - Tifton Campus, University of Georgia, Tifton, Tift County.
From State General Funds, $428,000 is specifically appropriated for the purpose of financing projects and
facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,
development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,
equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance
of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of two hundred and forty months.
State General Funds
$214,000
$428,000
University System of Georgia, Board of Regents
355.224 BOND: Georgia Institute of Technology: $5,000,000 in principal for 20 years at 5.77%: Fund modernization and expansion of Holland Plant
Chilled Water System, Georgia Institute of Technology, Atlanta, Fulton County.
From State General Funds, $428,000 is specifically appropriated for the purpose of financing projects and
facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,
development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,
equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance
of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of two hundred and forty months.
State General Funds
$353,956
$428,000
University System of Georgia, Board of Regents
355.225 BOND: Georgia State University: $4,900,000 in principal for 20 years at 5.77%: Fund planning, design, construction and equipment for the
Classroom South Addition Phase II, Georgia State University, Atlanta, Fulton County.
From State General Funds, $419,440 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 $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of two hundred and forty months.
3195
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JOURNAL OF THE HOUSE
State General Funds
$419,440
$419,440
University System of Georgia, Board of Regents
355.226 BOND: Albany State University: $19,800,000 in principal for 20 years at 5.77%: Fund construction for the Fine Arts Center, Albany State
University, Albany, Dougherty County.
From State General Funds, $1,694,880 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 $19,800,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of two hundred and forty months.
State General Funds
$1,694,880
$1,694,880
University System of Georgia, Board of Regents
355.227 BOND: Kennesaw State University: $4,900,000 in principal for 20 years at 5.77%: Fund planning, design, construction and equipment for
English Building Renovation and Addition, Kennesaw State University, Kennesaw, Cobb County.
From State General Funds, $419,440 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 $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of two hundred and forty months.
State General Funds
$419,440
$419,440
University System of Georgia, Board of Regents
355.228 BOND: Dalton State College: $4,000,000 in principal for 20 years at 5.77%: Fund planning, design, construction and equipment for Sequoya
Hall Renovation, Dalton State College, Dalton, Whitfield County. (S:Fund construction of Pope Center, Dalton State College, Dalton, Whitfield
County)
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.
State General Funds
$256,800
$342,400
University System of Georgia, Board of Regents
355.229 BOND: East Georgia College: $4,500,000 in principal for 20 years at 5.77%: Fund planning, design, construction and equipment for Academic
Building Expansion and Renovation, East Georgia State College, Swainsboro, Emanuel County.
MONDAY, MARCH 23, 2015
3197
From State General Funds, $385,200 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 $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of two hundred and forty months.
State General Funds
$192,600
$385,200
University System of Georgia, Board of Regents
355.230 BOND: Darton College: $1,700,000 in principal for 20 years at 5.77%: Fund planning, design, construction and equipment for Student
Services Center Renovation Phase II, Darton State College, Albany, Dougherty County.
From State General Funds, $145,520 is specifically appropriated for the purpose of financing projects and
facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,
development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,
equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance
of not more than $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of two hundred and forty months.
State General Funds
$145,520
$145,520
University System of Georgia, Board of Regents
355.231 BOND: Georgia Military College: $1,305,000 in principal for 20 years at 5.77%: Fund design, construction and equipment for the Military
Science Academic Building, Georgia Military College, Milledgeville, Baldwin County.
From State General Funds, $111,708 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 $1,305,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of two hundred and forty months.
State General Funds
$111,708
$111,708
University System of Georgia, Board of Regents
355.232 BOND: Georgia Public Library System: $2,000,000 in principal for 20 years at 5.77%: Fund construction of the East Marietta Branch Library,
Marietta, Cobb County.
From State General Funds, $171,200 is specifically appropriated for the purpose of financing public library
facilities for boards of trustees of public libraries or boards of trustees of public library systems through the
Board of Regents of the University System of Georgia, through the issuance of not more than $2,000,000 in
3198
JOURNAL OF THE HOUSE
principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two
hundred and forty months.
State General Funds
$85,600
$171,200
University System of Georgia, Board of Regents
355.233 BOND: Georgia Public Library System: $1,750,000 in principal for 20 years at 5.77%: Fund construction of the Bogart Public Library, Bogart,
Oconee County.
From State General Funds, $149,800 is specifically appropriated for the purpose of financing public library
facilities for boards of trustees of public libraries or boards of trustees of public library systems through the
Board of Regents of the University System of Georgia, through the issuance of not more than $1,750,000 in
principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two
hundred and forty months.
State General Funds
$74,900
$149,800
University System of Georgia, Board of Regents
355.234 BOND: Georgia Public Library System: $2,000,000 in principal for 5 years at 5.07%: Fund maintenance, repair and renovation needs for
Georgia Public Library System statewide.
From State General Funds, $462,800 is specifically appropriated for the purpose of financing public library
facilities for boards of trustees of public libraries or boards of trustees of public library systems through the
Board of Regents of the University System of Georgia, 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.
State General Funds
$231,400
$462,800
University System of Georgia, Board of Regents
355.235 BOND: Middle Georgia State College: $5,000,000 in principal for 20 years at 5.77%: Fund construction of the Nursing/Health Sciences
Building, Middle State Georgia College, Warner Robins, Houston County.
From State General Funds, $428,000 is specifically appropriated for the purpose of financing projects and
facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,
development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,
equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance
of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of two hundred and forty months.
State General Funds
$428,000
University System of Georgia, Board of Regents
355.236 BOND: Georgia Regents University: $1,500,000 in principal for 20 years at 5.77%: Fund replacement/upgrade Electrical Central Energy,
Georgia Regents University, Augusta, Richmond County.
From State General Funds, $128,400 is specifically appropriated for the purpose of financing projects and
MONDAY, MARCH 23, 2015
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 two hundred and forty months.
State General Funds
$128,400
University System of Georgia, Board of Regents
355.237 BOND: Abraham Baldwin Agricultural College: $2,500,000 in principal for 20 years at 5.77%: Fund renovation of King Hall, Abraham
Baldwin Agricultural College, Tifton, Tift County.
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.
State General Funds
$214,000
University System of Georgia, Board of Regents
355.238 BOND: Athens and Tifton Veterinary Diagnostic Laboratories: $1,500,000 in principal for 5 years at 5.07%: Fund new and replacement
laboratory equipment for the Georgia Veterinary Diagnostic Labs, statewide.
From State General Funds, $347,100 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of sixty months.
State General Funds
$347,100
University System of Georgia, Board of Regents
355.239 BOND: Valdosta State University: $3,500,000 in principal for 20 years at 5.77%: Fund renovation of Pound Hall, Valdosta State University,
Valdosta, Lowndes County.
From State General Funds, $299,600 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
3199
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JOURNAL OF THE HOUSE
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.
State General Funds
$299,600
University System of Georgia, Board of Regents
355.240 BOND: College of Coastal Georgia: $2,000,000 in principal for 20 years at 5.77%: Fund library renovation/expansion, College of Coastal
Georgia, Brunswick, Glynn County.
From State General Funds, $171,200 is specifically appropriated for the purpose of financing projects and
facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction,
development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,
equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance
of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have
maturities not in excess of two hundred and forty months.
State General Funds
$171,200
University System of Georgia, Board of Regents
355.241 BOND: Georgia Public Library System: $2,000,000 in principal for 20 years at 5.77%: Fund renovation of the Troup Harris Regional Public
Library, LaGrange, Troup County.
From State General Funds, $171,200 is specifically appropriated for the purpose of financing public library
facilities for boards of trustees of public libraries or boards of trustees of public library systems through the
Board of Regents of the University System of Georgia, 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.
State General Funds
$171,200
University System of Georgia, Board of Regents
355.242 BOND: Georgia Public Library System: $565,000 in principal for 20 years at 5.77%: Fund construction and expansion of the Three Rivers
Regional Library, Folkston, Charlton County.
From State General Funds, $48,364 is specifically appropriated for the purpose of financing public library
facilities for boards of trustees of public libraries or boards of trustees of public library systems through the
Board of Regents of the University System of Georgia, through the issuance of not more than $565,000 in principal
amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred
and forty months.
State General Funds
$48,364
University System of Georgia, Board of Regents
355.243 BOND: Georgia Public Library System: $2,000,000 in principal for 20 years at 5.77%: Fund construction of the Greater Clarks Hill Regional
Library System, Harlem, Columbia County.
From State General Funds, $171,200 is specifically appropriated for the purpose of financing public library
MONDAY, MARCH 23, 2015
3201
facilities for boards of trustees of public libraries or boards of trustees of public library systems through the
Board of Regents of the University System of Georgia, 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.
State General Funds
$171,200
University System of Georgia, Board of Regents
355.244 BOND: Georgia Public Library System: $2,000,000 in principal for 20 years at 5.77%: Fund renovation and expansion of Sharon Forks
Library, Cumming, Forsyth County.
From State General Funds, $171,200 is specifically appropriated for the purpose of financing public library
facilities for boards of trustees of public libraries or boards of trustees of public library systems through the
Board of Regents of the University System of Georgia, 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.
State General Funds
$171,200
Technical College System of Georgia
355.251 BOND: Middle Georgia Technical College: $3,080,000 in principal for 5 years at 5.07%: Purchase equipment for the new Health Services
Center, Middle Georgia Technical College, Warner Robins, Houston County. [Taxable Bond]
From State General Funds, $712,712 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 $3,080,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities
not in excess of sixty months.
State General Funds
$712,712
$712,712
$712,712
Technical College System of Georgia
355.252 BOND: Southeastern Technical College: $790,000 in principal for 5 years at 5.07%: Purchase equipment for the renovation of Building 2,
Southeastern Technical College, Swainsboro, Emanuel County. [Taxable Bond]
From State General Funds, $182,806 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 $790,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not
in excess of sixty months.
State General Funds
$182,806
$182,806
$182,806
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JOURNAL OF THE HOUSE
Technical College System of Georgia
355.253 BOND: Southwest Georgia Technical College: $155,000 in principal for 5 years at 5.07%: Purchase equipment for the nursing expansion of
Building C, Southwest Georgia Technical College, Thomasville, Thomas County. [Taxable Bond]
From State General Funds, $35,867 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
$155,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of sixty months.
State General Funds
$35,867
$35,867
$35,867
Technical College System of Georgia
355.254 BOND: Okefenokee Technical College: $500,000 in principal for 5 years at 5.07%: Purchase equipment for the welding and computer
information systems facility expansion, Okefenokee Technical College, Waycross, Ware County. [Taxable Bond]
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 sixty months.
State General Funds
$115,700
$115,700
$115,700
Technical College System of Georgia
355.255 BOND: Technical College Multi-Projects: $2,855,000 in principal for 20 years at 6.5%: Fund facility major improvements and renovations
statewide. [Taxable Bond]
From State General Funds, $259,234 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 $2,855,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities
not in excess of two hundred and forty months.
State General Funds
$259,234
$259,234
$259,234
Technical College System of Georgia
355.256 BOND: Technical College Multi-Projects: $12,500,000 in principal for 5 years at 5.07%: Fund world class lab equipment and renovations,
multiple locations. [Taxable Bond]
From State General Funds, $2,892,500 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,
MONDAY, MARCH 23, 2015
3203
extension, enlargement, or improvement of land, waters, 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.
State General Funds
$2,892,500
$2,892,500
$2,892,500
Technical College System of Georgia
355.257 BOND: Technical College Multi-Projects: $2,500,000 in principal for 5 years at 5.07%: Fund equipment for the QuickStart program statewide.
[Taxable Bond]
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.
State General Funds
$578,500
$578,500
$578,500
Technical College System of Georgia
355.258 BOND: Altamaha Technical College: $1,100,000 in principal for 5 years at 5.07%: Fund planning and design for Camden County Campus,
Altamaha Technical College, Camden County.
From State General Funds, $254,540 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 $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities
not in excess of sixty months.
State General Funds
$127,270
$254,540
Technical College System of Georgia
355.259 BOND: South Georgia Technical College: $1,655,000 in principal for 20 years at 5.77%: Fund roof replacement, South Georgia Technical
College, Americus, Sumter County.
From State General Funds, $141,668 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 $1,655,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities
not in excess of two hundred and forty months.
3204
JOURNAL OF THE HOUSE
State General Funds
$141,668
$141,668
Technical College System of Georgia
355.260 BOND: Ogeechee Technical College: $650,000 in principal for 5 years at 5.07%: Fund planning and design for Plant Operations Building,
Ogeechee Technical College, Statesboro, Bulloch County. (S:Fund planning and design for Plant Operations and Logistics Center, Ogeechee Technical College, Statesboro, Bulloch County)
From State General Funds, $150,410 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 $650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not
in excess of sixty months.
State General Funds
$69,420
$150,410
Technical College System of Georgia
355.261 BOND: Technical College Multi-Projects: $10,000,000 in principal for 20 years at 5.77%: Fund construction of College and Career
Academies, statewide.
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.
State General Funds
$856,000
Technical College System of Georgia
355.262 BOND: Technical College Multi-Projects: $500,000 in principal for 20 years at 5.77%: Fund construction on multiple project needs, College
and Career Academies, Hart County.
From State General Funds, $42,800 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
$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.
State General Funds
$42,800
Technical College System of Georgia
355.263 BOND: Georgia Northwestern Technical College: $2,000,000 in principal for 5 years at 5.07%: Fund world class lab equipment and
renovations, Georgia Northwestern Technical College, Dalton, Whitfield County.
MONDAY, MARCH 23, 2015
3205
From State General Funds, $462,800 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 $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities
not in excess of sixty months.
State General Funds
$462,800
Technical College System of Georgia
355.264 BOND: North Georgia Technical College: $1,180,000 in principal for 5 years at 5.07%: Fund planning and design for the expansion of the
Clarkesville campus to support manufacturing, North Georgia Technical College, Clarkesville, Habersham County.
From State General Funds, $273,052 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 $1,180,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities
not in excess of sixty months.
State General Funds
$273,052
Technical College System of Georgia
355.265 BOND: Technical College Multi-Projects: $500,000 in principal for 20 years at 5.77%: Fund construction on multiple project needs, College
and Career Academies, Spalding County.
From State General Funds, $42,800 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
$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.
State General Funds
$42,800
Behavioral Health and Developmental Disabilities, Department of
355.301 BOND: Central State Hospital: $3,200,000 in principal for 20 years at 5.77%: Fund design, construction, and equipment for a new treatment
mall facility at the Cook Building, Milledgeville, Baldwin County.
From State General Funds, $273,920 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,
3206
JOURNAL OF THE HOUSE
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.
State General Funds
$273,920
$273,920
$273,920
Behavioral Health and Developmental Disabilities, Department of
355.302 BOND: DBHDD Multi-projects: $1,910,000 in principal for 20 years at 5.77%: Fund emergency generator upgrades and improvements,
multiple locations.
From State General Funds, $163,496 is specifically appropriated for the purpose of financing projects and
facilities for the Department of Behavioral Health and Developmental Disabilities by means of the acquisition,
construction, development, extension, enlargement, or improvement of land, waters, property, highways,
buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith,
through the issuance of not more than $1,910,000 in principal amount of General Obligation Debt, the instruments
of which shall have maturities not in excess of two hundred and forty months.
State General Funds
$163,496
$163,496
$163,496
Behavioral Health and Developmental Disabilities, Department of
355.303 BOND: DBHDD Multi-projects: $2,350,000 in principal for 20 years at 5.77%: Fund facility major improvements and renovations statewide.
From State General Funds, $201,160 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 $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.
State General Funds
$201,160
$201,160
$201,160
Human Services, Department of
355.321 BOND: Human Service Multi-Projects: $28,550,000 in principal for 20 years at 5.77%: Fund construction of the new Human Services
Building, Lawrenceville, Gwinnett County.
From State General Funds, $2,443,880 is specifically appropriated for the purpose of financing projects and
facilities for the Department of Human Services by means of the acquisition, construction, development, extension,
enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,
both real and personal, necessary or useful in connection therewith, through the issuance of not more than
$28,550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of two hundred and forty months.
State General Funds
$2,443,880
$2,443,880
$2,443,880
Georgia Vocational Rehabilitation Agency
355.331 BOND: Roosevelt Warm Springs Institute: $1,500,000 in principal for 20 years at 6.5%: Fund facility major improvements and renovations,
Warm Springs, Meriwether County, match federal funds. [Taxable Bond]
MONDAY, MARCH 23, 2015
3207
From State General Funds, $136,200 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 $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.
State General Funds
$136,200
$136,200
$136,200
Public Health, Department of
355.341 BOND: Public Health Multi-Projects: $9,300,000 in principal for 5 years at 5.07%: Fund implementation of a new Clinical Billing Information
Technology System, Atlanta, Fulton County.
From State General Funds, $2,152,020 is specifically appropriated for the purpose of financing projects and
facilities for the Department of Public Health by means of the acquisition, construction, development, extension,
enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,
both real and personal, necessary or useful in connection therewith, through the issuance of not more than
$9,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of sixty months.
State General Funds
$2,152,020
$2,152,020
$2,152,020
Public Health, Department of
355.342 BOND: Public Health Multi-Projects: $400,000 in principal for 20 years at 5.77%: Fund replacement of second chiller at the Decatur Lab,
Decatur, DeKalb County.
From State General Funds, $34,240 is specifically appropriated for the purpose of financing projects and facilities
for the Department of Public Health by means of the acquisition, construction, development, extension,
enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,
both real and personal, necessary or useful in connection therewith, through the issuance of not more than
$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.
State General Funds
$34,240
$34,240
$34,240
Public Health, Department of
355.343 BOND: Public Health Multi-Projects: $300,000 in principal for 20 years at 5.77%: Fund replacement of walk-in coolers at the Decatur Lab,
Decatur, DeKalb County.
From State General Funds, $25,680 is specifically appropriated for the purpose of financing projects and facilities
for the Department of Public Health by means of the acquisition, construction, development, extension,
enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,
both real and personal, necessary or useful in connection therewith, through the issuance of not more than
3208
JOURNAL OF THE HOUSE
$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.
State General Funds
$25,680
$25,680
$25,680
Veterans Service, Department of
355.351 BOND: Georgia War Veterans Nursing Homes, Various: $3,350,000 in principal for 20 years at 5.77%: Fund renovations to the Georgia War
Veterans Nursing Home, Milledgeville, Baldwin County.
From State General Funds, $286,760 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 $3,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities
not in excess of two hundred and forty months.
State General Funds
$286,760
Corrections, Department of
355.361 BOND: GDC multi-projects: $3,500,000 in principal for 5 years at 5.07%: Fund emergency repairs, sustainment, and equipment, 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 sixty months.
State General Funds
$809,900
$809,900
$809,900
Corrections, Department of
355.362 BOND: GDC multi-projects: $1,500,000 in principal for 5 years at 5.07%: Fund implementation of cell phone interdiction measures, multiple
locations.
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.
State General Funds
$347,100
$347,100
$347,100
MONDAY, MARCH 23, 2015
3209
Corrections, Department of
355.363 BOND: GDC multi-projects: $6,800,000 in principal for 20 years at 5.77%: Fund facility hardening, multiple locations.
From State General Funds, $582,080 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
$6,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of two hundred and forty months.
State General Funds
$582,080
$582,080
$582,080
Corrections, Department of
355.364 BOND: GDC multi-projects: $5,510,000 in principal for 5 years at 5.07%: Fund locking controls and perimeter detection improvements,
statewide.
From State General Funds, $1,275,014 is specifically appropriated for the purpose of financing projects and
facilities for the Department of Corrections by means of the acquisition, construction, development, extension,
enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,
both real and personal, necessary or useful in connection therewith, through the issuance of not more than
$5,510,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of sixty months.
State General Funds
$1,275,014
$1,275,014
$1,275,014
Corrections, Department of
355.365 BOND: GDC multi-projects: $10,485,000 in principal for 20 years at 5.77%: Fund major repairs, renovations and improvements, statewide.
From State General Funds, $897,516 is specifically appropriated for the purpose of financing projects and
facilities for the Department of Corrections by means of the acquisition, construction, development, extension,
enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,
both real and personal, necessary or useful in connection therewith, through the issuance of not more than
$10,485,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of two hundred and forty months.
State General Funds
$897,516
$897,516
$897,516
Corrections, Department of
355.366 BOND: GDC multi-projects: $2,560,000 in principal for 5 years at 5.07%: Purchase 112 replacement vehicles statewide.
From State General Funds, $592,384 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
3210
JOURNAL OF THE HOUSE
$2,560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of sixty months.
State General Funds
$592,384
$592,384
$592,384
Defense, Department of
355.371 BOND: National Guard Armories: $500,000 in principal for 5 years at 5.07%: Fund facility sustainment and repairs, statewide, 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 sixty months.
State General Funds
$115,700
$115,700
$115,700
Defense, Department of
355.372 BOND: National Guard Armories: $460,000 in principal for 20 years at 5.77%: Fund site improvements at armories, multiple locations, match
federal funds.
From State General Funds, $39,376 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 $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.
State General Funds
$39,376
$39,376
$39,376
Defense, Department of
355.373 BOND: Defense Multi-projects: $6,000,000 in principal for 20 years at 5.77%: Fund facility renovation and equipment for a Georgia National
Guard Youth Challenge Academy, Milledgeville, Baldwin County.
From State General Funds, $513,600 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
$6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of two hundred and forty months.
State General Funds
$513,600
$513,600
$513,600
MONDAY, MARCH 23, 2015
3211
Driver Services, Department of
355.381 BOND: Department of Driver Services - Equipment: $195,000 in principal for 5 years at 5.07%: Fund replacement of 10 vehicles statewide.
From State General Funds, $45,123 is specifically appropriated for the purpose of financing projects and facilities
for the Department of Driver Services by means of the acquisition, construction, development, extension,
enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,
both real and personal, necessary or useful in connection therewith, through the issuance of not more than
$195,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of sixty months.
State General Funds
$45,123
$45,123
$45,123
Driver Services, Department of
355.382 BOND: Department of Driver Services - Multi-Projects: $2,300,000 in principal for 20 years at 6.5%: Purchase facility, Atlanta, Fulton
County. [Taxable Bond]
From State General Funds, $208,840 is specifically appropriated for the purpose of financing projects and
facilities for the Department of Driver Services by means of the acquisition, construction, development, extension,
enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,
both real and personal, necessary or useful in connection therewith, through the issuance of not more than
$2,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of two hundred and forty months.
State General Funds
$196,880
$208,840
$208,840
Investigation, Georgia Bureau of
355.391 BOND: GBI Headquarters and Morgue: $6,680,000 in principal for 20 years at 5.77%: Fund design and construction of the expansion of GBI
Headquarter's morgue facility, Decatur, DeKalb County.
From State General Funds, $571,808 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 $6,680,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities
not in excess of two hundred and forty months.
State General Funds
$571,808
$571,808
$571,808
Investigation, Georgia Bureau of
355.392 BOND: Savannah Branch Crime Lab: $1,100,000 in principal for 5 years at 5.07%: Fund design of the new Savannah Crime Lab, Savannah,
Chatham County.
From State General Funds, $254,540 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
3212
JOURNAL OF THE HOUSE
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.
State General Funds
$254,540
$254,540
$254,540
Investigation, Georgia Bureau of
355.393 BOND: GBI Multi-Projects: $360,000 in principal for 20 years at 5.77%: Fund facility major improvements and renovations, multiple
locations.
From State General Funds, $30,816 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
$360,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of two hundred and forty months.
State General Funds
$30,816
$30,816
$30,816
Investigation, Georgia Bureau of
355.394 BOND: GBI Multi-Projects: $1,270,000 in principal for 5 years at 5.07%: Fund facility repairs and sustainment statewide.
From State General Funds, $293,878 is specifically appropriated for the purpose of financing projects and
facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development,
extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or
facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more
than $1,270,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities
not in excess of sixty months.
State General Funds
$293,878
$293,878
$293,878
Investigation, Georgia Bureau of
355.395 BOND: GBI Multi-Projects: $1,600,000 in principal for 5 years at 5.07%: Fund the replacement of 25 investigative vehicles statewide.
From State General Funds, $370,240 is specifically appropriated for the purpose of financing projects and
facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development,
extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or
facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more
than $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities
not in excess of sixty months.
State General Funds
$370,240
$370,240
$370,240
MONDAY, MARCH 23, 2015
3213
Investigation, Georgia Bureau of
355.396 BOND: GBI Multi-Projects: $50,000 in principal for 5 years at 5.07%: Purchase 2 vehicles for Child Fatality Review Group, Decatur, DeKalb
County.
From State General Funds, $11,570 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 $50,000
in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of
sixty months.
State General Funds
$11,570
$11,570
$11,570
Juvenile Justice, Department of
355.401 BOND: DJJ Multi-Projects: $2,930,000 in principal for 5 years at 5.07%: Fund facility repairs and sustainment statewide.
From State General Funds, $678,002 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
$2,930,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of sixty months.
State General Funds
$678,002
$678,002
$678,002
Juvenile Justice, Department of
355.402 BOND: DJJ Multi-Projects: $2,060,000 in principal for 20 years at 5.77%: Fund facility major improvements and renovations statewide.
From State General Funds, $176,336 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
$2,060,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of two hundred and forty months.
State General Funds
$176,336
$176,336
$176,336
Juvenile Justice, Department of
355.403 BOND: DJJ Multi-Projects: $6,145,000 in principal for 20 years at 5.77%: Fund security upgrades and enhancements statewide.
From State General Funds, $526,012 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
3214
JOURNAL OF THE HOUSE
$6,145,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of two hundred and forty months.
State General Funds
$526,012
$526,012
$526,012
Juvenile Justice, Department of
355.404 BOND: Regional Youth Detention Center: $500,000 in principal for 5 years at 5.07%: Fund equipment for the renovation and improvements
of former GDC facility to construct RYDC, Dawson, Terrell County.
From State General Funds, $115,700 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
$500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of sixty months.
State General Funds
$115,700
$115,700
$115,700
Juvenile Justice, Department of
355.405 BOND: Regional Youth Detention Center: $0 in principal for 20 years at 5.77%: Fund construction of renovation and improvements to former
GDC facility to construct 56-bed RYDC, Cadwell, Laurens County.
State General Funds
$1,335,360
$0
$0
Juvenile Justice, Department of
355.406 BOND: Regional Youth Detention Center: $1,500,000 in principal for 20 years at 5.77%: Fund new laundry facilities at DeKalb County
RYDC and Martha Glaze (Clayton County) RYDC.
From State General Funds, $128,400 is specifically appropriated for the purpose of financing projects and
facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension,
enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,
both real and personal, necessary or useful in connection therewith, through the issuance of not more than
$1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of two hundred and forty months.
State General Funds
$128,400
$128,400
$128,400
Pardons and Paroles, State Board of
355.411 BOND: State Board of Pardons and Paroles Multi-Projects: $765,000 in principal for 5 years at 5.07%: Fund replacement of 34 vehicles
statewide.
From State General Funds, $177,021 is specifically appropriated for the purpose of financing projects and
facilities for the State Board of 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
MONDAY, MARCH 23, 2015
3215
than $765,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not
in excess of sixty months.
State General Funds
$177,021
$177,021
$177,021
Public Safety, Department of
355.421 BOND: Patrol Posts Various: $7,815,000 in principal for 5 years at 5.07%: Purchase 187 fully equipped law enforcement pursuit vehicles
statewide.
From State General Funds, $1,808,391 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
$7,815,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of sixty months.
State General Funds
$1,808,391
$1,808,391
$1,808,391
Public Safety, Department of
355.422 BOND: Patrol Posts Various: $455,000 in principal for 5 years at 5.07%: Purchase 10 fully equipped law enforcement pursuit vehicles, Motor
Carrier Compliance Division, statewide.
From State General Funds, $105,287 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
$455,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of sixty months.
State General Funds
$105,287
$105,287
$105,287
Public Safety, Department of
355.423 BOND: Patrol Posts Various: $2,320,000 in principal for 5 years at 5.07%: Purchase communications equipment for vehicles statewide.
From State General Funds, $536,848 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
$2,320,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of sixty months.
State General Funds
$536,848
$536,848
$536,848
3216
JOURNAL OF THE HOUSE
Public Safety, Department of
355.424 BOND: Patrol Posts Various: $375,000 in principal for 5 years at 5.07%: Fund facility sustainment and repair statewide.
From State General Funds, $86,775 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
$375,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of sixty months.
State General Funds
$86,775
$86,775
$86,775
Public Safety, Department of
355.425 BOND: Patrol Posts Various: $370,000 in principal for 5 years at 5.07%: Purchase portable scales, Motor Carrier Compliance Division,
statewide.
From State General Funds, $85,618 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
$370,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of sixty months.
State General Funds
$85,618
$85,618
$85,618
Public Safety, Department of
355.426 BOND: Patrol Posts Various: $190,000 in principal for 5 years at 5.07%: Fund replacement and upgrade of Capitol Hill facility security
equipment, Atlanta, Fulton County.
From State General Funds, $43,966 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
$190,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of sixty months.
State General Funds
$43,966
$43,966
$43,966
Public Safety, Department of
355.427 BOND: Public Safety Training Center: $1,940,000 in principal for 20 years at 5.77%: Fund facility repairs, renovations, and construction,
Georgia Public Safety Training Center, Forsyth, Monroe County.
From State General Funds, $166,064 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,
MONDAY, MARCH 23, 2015
3217
both real and personal, necessary or useful in connection therewith, through the issuance of not more than
$1,940,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of two hundred and forty months.
State General Funds
$166,064
$166,064
$166,064
Public Safety, Department of
355.428 BOND: Public Safety Training Center: $190,000 in principal for 5 years at 5.07%: Fund instructional equipment upgrades, Georgia Public
Safety Training Center, Forsyth, Monroe County.
From State General Funds, $43,966 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
$190,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of sixty months.
State General Funds
$43,966
$43,966
$43,966
Public Safety, Department of
355.429 BOND: Public Safety Training Center: $245,000 in principal for 5 years at 5.07%: Fund replacement of vehicle maintenance equipment,
Georgia Public Safety Training Center, Forsyth, Monroe County.
From State General Funds, $56,693 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
$245,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of sixty months.
State General Funds
$56,693
$56,693
$56,693
Accounting Office, State
355.451 BOND: SAO Multi-projects: $2,500,000 in principal for 5 years at 5.07%: Fund upgrade of TeamWorks Human Capital Management system,
Atlanta, Fulton County.
From State General Funds, $578,500 is specifically appropriated for the purpose of financing projects and
facilities for the State Accounting Office by means of the acquisition, construction, development, extension,
enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,
both real and personal, necessary or useful in connection therewith, through the issuance of not more than
$2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of sixty months.
State General Funds
$578,500
$578,500
$578,500
3218
JOURNAL OF THE HOUSE
Banking and Finance, Department of
355.461 BOND: Department of Banking and Finance - Multi-Projects: $400,000 in principal for 5 years at 5.07%: Purchase 22 replacement vehicles.
From State General Funds, $92,560 is specifically appropriated for the purpose of financing projects and facilities
for the Department of Banking and Finance by means of the acquisition, construction, development, extension,
enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,
both real and personal, necessary or useful in connection therewith, through the issuance of not more than
$400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of sixty months.
State General Funds
$92,560
$92,560
$92,560
Planning and Budget, Governor's Office of
355.471 BOND: Office of Planning and Budgeting - Multi-Projects: $2,000,000 in principal for 5 years at 5.07%: Fund modernization of budget
systems, Atlanta, Fulton County.
From State General Funds, $462,800 is specifically appropriated for the purpose of financing projects and
facilities for the Governor's Office of Planning and Budget by means of the acquisition, construction,
development, extension, enlargement, or improvement of land, waters, 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.
State General Funds
$462,800
$462,800
$462,800
Building Authority, Georgia
355.491 BOND: Archives Building: $0 in principal for 20 years at 5.77%: Fund demolition of Archives building for site of new Judicial Center,
Atlanta, Fulton County. (S:Utilize redirected bonds)
State General Funds
$556,400
$556,400
$0
Building Authority, Georgia
355.492 BOND: GBA multi-projects: $0 in principal for 20 years at 5.77%: Fund facility improvements and renovations statewide. (S:Utilize redirected
bonds)
State General Funds
$428,000
$428,000
$0
Building Authority, Georgia
355.493 BOND: GBA multi-projects: $1,425,000 in principal for 5 years at 5.07%: Fund completion of the Capitol Hill access control system, Atlanta,
Fulton County.
From State General Funds, $329,745 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,
MONDAY, MARCH 23, 2015
3219
both real and personal, necessary or useful in connection therewith, through the issuance of not more than
$1,425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of sixty months.
State General Funds
$329,745
$329,745
$329,745
Labor, Department of
355.511 BOND: Department of Labor - Central Office: $475,000 in principal for 20 years at 5.77%: Fund condition assessment and repairs of central
office complex and parking deck, Atlanta, Fulton County.
From State General Funds, $40,660 is specifically appropriated for the purpose of financing projects and facilities
for the Department of Labor by means of the acquisition, construction, development, extension, enlargement, or
improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and
personal, necessary or useful in connection therewith, through the issuance of not more than $475,000 in principal
amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred
and forty months.
State General Funds
$40,660
$40,660
$40,660
Labor, Department of
355.512 BOND: DOL Sites: $775,000 in principal for 20 years at 5.77%: Fund facility repairs and improvements, multiple locations.
From State General Funds, $66,340 is specifically appropriated for the purpose of financing projects and facilities
for the Department of Labor by means of the acquisition, construction, development, extension, enlargement, or
improvement of land, waters, 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 two hundred
and forty months.
State General Funds
$66,340
$66,340
$66,340
Agriculture, Department of
355.561 BOND: State Farmers' Markets: $9,000,000 in principal for 20 years at 6.5%: Fund design and construction of wholesale cooler warehouse,
Forest Park, Clayton County. [Taxable Bond]
From State General Funds, $817,200 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
$9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of two hundred and forty months.
State General Funds
$817,200
$817,200
$817,200
3220
JOURNAL OF THE HOUSE
Agriculture, Department of
355.562 BOND: Agriculture - Multi-Projects: $500,000 in principal for 5 years at 5.07%: Purchase 17 vehicles and two mobile test labs statewide.
From State General Funds, $115,700 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
$500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of sixty months.
State General Funds
$115,700
$115,700
$115,700
Community Affairs, Department of
355.581 BOND: Reservoirs: $2,810,000 in principal for 20 years at 6.5%: Fund reservoirs, multiple locations. [Taxable Bond]
From State General Funds, $255,148 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 $2,810,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities
not in excess of two hundred and forty months.
State General Funds
$636,508
$255,148
$255,148
Environmental Finance Authority, Georgia
355.601 BOND: Local Government Infrastructure: $10,000,000 in principal for 20 years at 5.77%: Fund State Funded Water and Sewer Construction
Loan Program, statewide.
From State General Funds, $856,000 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 $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.
State General Funds
$856,000
$856,000
$856,000
Environmental Finance Authority, Georgia
355.602 BOND: Local Government Infrastructure: $10,000,000 in principal for 20 years at 5.77%: Fund Federal State Revolving Fund Match, Clean
and Drinking Water Programs, statewide, match federal funds.
From State General Funds, $856,000 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 $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.
State General Funds
$856,000
$856,000
$856,000
MONDAY, MARCH 23, 2015
3221
Economic Development, Department of
355.611 BOND: Georgia World Congress Center: $2,000,000 in principal for 20 years at 6.5%: Fund design and construction of Centennial Plaza,
Atlanta, Fulton County. [Taxable Bond]
From State General Funds, $181,600 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 $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.
State General Funds
$181,600
$181,600
$181,600
Economic Development, Department of
355.612 BOND: Georgia World Congress Center: $23,000,000 in principal for 20 years at 6.5%: Fund construction of structured parking facilities,
Atlanta, Fulton County. [Taxable Bond]
From State General Funds, $2,088,400 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 $23,000,000 in principal amount of General Obligation Debt, the
instruments of which shall have maturities not in excess of two hundred and forty months.
State General Funds
$2,088,400
$2,088,400
$2,088,400
Forestry Commission, State
355.621 BOND: Forestry Equipment: $4,000,000 in principal for 10 years at 5.52%: Fund replacement of firefighting equipment statewide.
From State General Funds, $531,200 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
$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.
State General Funds
$531,200
$531,200
$531,200
Forestry Commission, State
355.622 BOND: Forestry Buildings: $160,000 in principal for 20 years at 5.77%: Fund facility major improvements and renovations statewide.
From State General Funds, $13,696 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,
3222
JOURNAL OF THE HOUSE
both real and personal, necessary or useful in connection therewith, through the issuance of not more than
$160,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of two hundred and forty months.
State General Funds
$39,376
$13,696
$13,696
Forestry Commission, State
355.623 BOND: Forestry Buildings: $300,000 in principal for 20 years at 5.77%: Fund construction and equipment for North Bryan Forestry Unit,
Pembroke, Bryan County.
From State General Funds, $25,680 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
$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.
State General Funds
$25,680
$25,680
Natural Resources, Department of
355.631 BOND: DNR multi-projects: $950,000 in principal for 5 years at 5.07%: Fund replacement of 31 vehicles with equipment for law enforcement
use statewide.
From State General Funds, $219,830 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 $950,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not
in excess of sixty months.
State General Funds
$219,830
$219,830
$219,830
Natural Resources, Department of
355.632 BOND: DNR multi-projects: $19,630,000 in principal for 20 years at 6.5%: Fund facility major improvements and renovations statewide.
[Taxable Bond]
From State General Funds, $1,782,404 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 $19,630,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities
not in excess of two hundred and forty months.
State General Funds
$1,755,164
$1,755,164
$1,782,404
MONDAY, MARCH 23, 2015
Natural Resources, Department of
355.633 BOND: DNR multi-projects: $5,750,000 in principal for 20 years at 6.5%: Fund miscellaneous new construction, statewide, match federal
funds. [Taxable Bond]
From State General Funds, $522,100 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 $5,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities
not in excess of two hundred and forty months.
State General Funds
$410,416
$410,416
$522,100
Natural Resources, Department of
355.634 BOND: DNR Land Acquisition: $4,500,000 in principal for 20 years at 6.5%: Fund land acquisition for Wildlife Management Areas and
Parks, multiple locations, match federal and private funds. [Taxable Bond]
From State General Funds, $408,600 is specifically appropriated for the purpose of financing projects and
facilities for the Department of Natural Resources by means of the acquisition, construction, development,
extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or
facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more
than $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.
State General Funds
$408,600
$408,600
$408,600
Natural Resources, Department of
355.635 BOND: DNR multi-projects: $5,000,000 in principal for 5 years at 5.07%: Purchase 1 new helicopter.
From State General Funds, $1,157,000 is specifically appropriated for the purpose of financing projects and
facilities for the Department of Natural Resources by means of the acquisition, construction, development,
extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or
facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more
than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities
not in excess of sixty months.
State General Funds
$1,157,000
$1,157,000
$1,157,000
Natural Resources, Department of
355.636 BOND: DNR multi-projects: $3,000,000 in principal for 20 years at 5.77%: Fund rehabilitation of flood control structure, Hamilton, Harris
County.
From State General Funds, $256,800 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
3223
3224
JOURNAL OF THE HOUSE
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.
State General Funds
$256,800
$256,800
$256,800
Jekyll Island State Park Authority
355.641 BOND: Jekyll Island: $5,000,000 in principal for 20 years at 6.5%: Fund construction and equipment for the Youth and Learning Center,
Jekyll Island, Glynn County. [Taxable Bond]
From State General Funds, $454,000 is specifically appropriated for the purpose of financing projects and
facilities for the Jekyll Island State Park Authority by means of the acquisition, construction, development,
extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or
facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more
than $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.
State General Funds
$454,000
$454,000
$454,000
Transportation, Department of
355.661 BOND: Various DOT: $4,665,000 in principal for 20 years at 5.77%: Fund dike improvements along the Savannah River, Savannah, Chatham
County, and on Georgia owned land in Jasper County, SC, match federal funds.
From State General Funds, $399,324 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
$4,665,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of two hundred and forty months.
State General Funds
$399,324
$399,324
$399,324
Transportation, Department of
355.662 BOND: Various DOT: $3,500,000 in principal for 5 years at 5.07%: Fund construction of seawall on Hutchinson Island, Savannah, Chatham
County. [Taxable Bond]
From State General Funds, $809,900 is specifically appropriated for the purpose of financing projects and
facilities for the Department of Transportation by means of the acquisition, construction, development, extension,
enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,
both real and personal, necessary or useful in connection therewith, through the issuance of not more than
$3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of sixty months.
State General Funds
$809,900
$809,900
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3225
Transportation, Department of
355.663 BOND: Rail Lines: $1,800,000 in principal for 20 years at 6.5%: Fund rehabilitation of Georgia Southwestern state-owned rail, Calhoun
County, Decatur County, Early County, Miller County, Randolph County. [Taxable Bond]
From State General Funds, $163,440 is specifically appropriated for the purpose of financing projects and
facilities for the Department of Transportation by means of the acquisition, construction, development, extension,
enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,
both real and personal, necessary or useful in connection therewith, through the issuance of not more than
$1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of two hundred and forty months.
State General Funds
$163,440
$163,440
Transportation, Department of
355.664 BOND: Roads and Bridges: $100,000,000 in principal for 20 years at 5.77%: Fund repair, replacement and renovation of bridges statewide.
From State General Funds, $8,560,000 is specifically appropriated for the purpose of financing projects and
facilities for the Department of Transportation by means of the acquisition, construction, development, extension,
enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,
both real and personal, necessary or useful in connection therewith, through the issuance of not more than
$100,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not
in excess of two hundred and forty months.
State General Funds
$8,560,000
$8,560,000
Transportation, Department of
355.665 BOND: Various DOT: $100,000,000 in principal for 20 years at 5.77%: Fund transit needs statewide.
From State General Funds, $8,560,000 is specifically appropriated for the purpose of financing projects and
facilities for the Department of Transportation by means of the acquisition, construction, development, extension,
enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,
both real and personal, necessary or useful in connection therewith, through the issuance of not more than
$100,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not
in excess of two hundred and forty months.
State General Funds
$8,560,000
$8,560,000
Transportation, Department of
355.666 BOND: Rail Lines: $8,905,000 in principal for 20 years at 6.5%: Fund rehabilitation of rail lines and rehabilitation of bridges over Ocmulgee
and Oconee Rivers ($1,905,000), rehabilitate lines from Cordele, Crisp County to Vidalia, Toombs County ($4,000,000), rehabilitate lines from
Nunez, Emanuel County to Vidalia, Toombs County ($2,000,000), and rail siding and maintenance from Chattooga County to Walker County
($1,000,000). [Taxable Bond]
From State General Funds, $808,574 is specifically appropriated for the purpose of financing projects and
facilities for the Department of Transportation by means of the acquisition, construction, development, extension,
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enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities,
both real and personal, necessary or useful in connection therewith, through the issuance of not more than
$8,905,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of two hundred and forty months.
State General Funds
$808,574
Section 51: General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2010-2011 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 164, 155, Act No. 684, 2010 Regular Session, H.B. 948), and which reads as follows:
[Bond # 25] From State General Funds, $174,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
as 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), and which amended reads as follows:
[Bond # 23] From State General Funds, $174,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
is hereby amended to read as follows:
[Bond #23] From State General Funds, $130,800 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,
MONDAY, MARCH 23, 2015
3227
extension, enlargement, or improvement of land, waters, 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.
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, 162, Act No. 684, 2010 Regular Session, H.B. 948), and which reads as follows:
[Bond # 96] From State General Funds, $130,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
as 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, 142, Act No. 2, 2011 Regular Session, H.B. 77), and which amended reads as follows:
[Bond #91]From State General Funds, $130,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
is hereby repealed in its entirety.
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, 162, Act No. 684, 2010 Regular Session, H.B. 948), and which reads as follows:
[Bond # 97] From State General Funds, $43,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or
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improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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.
as 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, 142, Act No. 2, 2011 Regular Session, H.B. 77), and which amended reads as follows:
[Bond # 92] From State General Funds, $43,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
is hereby repealed in its entirety.
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), and 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.
as carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2013, Volume One Appendix, commencing at p. 1 of 131, 121, Act No. 11, 2013 Regular Session, H.B. 105), and 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
MONDAY, MARCH 23, 2015
3229
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, $277,200 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,200,000 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, 165-166, Act No. 775, 2012 Regular Session, H.B. 742), and which reads as follows:
[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.
as carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2013, Volume One Appendix, commencing at p. 1 of 131, 119, Act No. 11, 2013 Regular Session, H.B. 105), and which reads as follows:
[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.
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as revised in Section 51 of the Supplementary General Appropriations Act for State Fiscal Year 2013-2014 (Ga. L. 2014, Volume One Appendix, commencing at p. 1 of 174, 173, Act No. 347, 2014 Regular Session, H.B. 743), and which reads as follows:
[Bond # 24] From State General Funds, $342,400 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 $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.
is hereby repealed in its entirety.
The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2011-2012 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 231,223-224, Act No. 223, 2011 Regular Session, H.B. 78) which reads as follows:
[BOND 379.511] From State General Funds, $2,310,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Health by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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.
and carried forward in Section 51 of the Supplementary General Appropriations Act for State Fiscal Year 2011-2012 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 216, 210, Act No. 406, 2012 Regular Session, H.B. 741), and which amended reads as follows:
[BOND 379.511] From State General Funds, $2,310,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Health by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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.
Is hereby amended to read as follows:
MONDAY, MARCH 23, 2015
3231
[BOND 379.511] From State General Funds, $1,155,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Health by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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.
Section 52: Salary Adjustments The appropriations to budget units made above include funds for, and have the added purpose of, the following salary increases and adjustments, to be administered in conformity with the applicable compensation and performance management plans as provided by law:
1.) Additional funds for personal services for employees of the Executive, Judicial, and Legislative Branches, excluding Board of Regents faculty and Technical College System of Georgia teachers and support personnel, to be used for merit based pay increases for high performing employees in Fiscal Year 2015 and salary adjustments to attract new employees with critical skills or keep successful performers in critical jobs. The amount for this Item is calculated according to an effective date of July 1, 2015.
2.) Before Item 1 above, but not in lieu of it, funds for supplementary salary adjustments to address employee retention needs for certain employees in the job titles specified in the appropriations stated above to the Department of Corrections, Department of Driver Services, Georgia Bureau of Investigation, and Department of Public Health. The amount for this Item is calculated according to an effective date of July 1, 2015.
3.) In lieu of other numbered items, funds for the State Board of Education for the Quality Basic Education program, such funds to be used by the Quality Basic Education program for the purpose of reducing or eliminating furlough days, increasing instructional days, and providing salary increases to teachers in local education authorities. The amount for this Item is calculated according to an effective date of July 1, 2015.
4.) In lieu of other numbered items, additional fund for personal services for non-faculty employees of the Board of Regents, to be used for merit based pay increases for high performing employees in Fiscal Year 2015 and salary adjustments to attract new employees with critical skills or to keep successful performers in critical jobs. The amount for this Item is calculated according to an effective date of July 1, 2015.
5.) In lieu of other numbered items, to provide funds for supplementary salary adjustments to address needs for the
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recruitment and retention of Board of Regents faculty, funded through the Teaching program appropriation stated above. The amount for this Item is calculated according to an effective date of July 1, 2015.
6.) In lieu of other numbered items, additional funds for personal services for public librarians, funded through the Public Libraries appropriation stated above, to be used for merit based pay increases for high performing employees in Fiscal Year 2015 and salary adjustments to attract new employees with critical skills or keep successful performers in critical jobs as administered by the Board of Regents. The amount for this Item is calculated according to an effective date of July 1, 2015.
7.) In lieu of other numbered items, additional funds for personal services for teachers and support personnel within the Technical College System of Georgia, to be used for merit based pay increases for high performing employees in Fiscal Year 2015 and salary adjustments to attract new employees with critical skills or to keep successful performers in critical jobs. The amount for this Item is calculated according to an effective date of July 1, 2015.
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
MONDAY, MARCH 23, 2015
3233
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 rightmost 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, 53 and 54 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.
For purposes of the appropriations for the "Medicaid: Low-Income Medicaid," "Medicaid: Aged, Blind, and Disabled," and "PeachCare" 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 programs 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 three 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.
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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.
MONDAY, MARCH 23, 2015
3235
Representative England of the 116th moved that the House disagree to the Senate substitute to HB 76.
The motion prevailed.
Pursuant to HR 340, the House commended Lynn Whiteside, weaver of the official tartan of Georgia, and invited her to be recognized by the House of Representatives.
Representative England of the 116th moved that the following Bill of the House be immediately transmitted to the Senate:
HB 76. 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 be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016; 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.
The motion prevailed.
Pursuant to HR 308, the House commended Steve Holman for being honored 2014 Georgia Sportscaster of the Year and invited him to be recognized by the House of Representatives.
Pursuant to HR 345, the House commended Walter Parks on being named the 20132014 Georgia Association of Career and Technical Educators Teacher of the Year for Agriculture and invited him to be recognized by the House of Representatives.
Pursuant to HR 346, the House commended Doyle Floyd on being named 2014 Georgia FFA Alumni Outstanding Agriculture Educator of the Year 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 Resolution of the House was taken up for consideration and read the third time:
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HR 601. By Representatives Smith of the 70th, Stephens of the 164th, Petrea of the 166th and Bryant of the 162nd:
A RESOLUTION creating the House Study Committee on Saltwater Intrusion into Coastal Aquifers; 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 E Beasley-Teague Y Bell
Belton Y Bennett Y Bentley Y Benton Y Beskin
Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
E Harbin Y Harden
Harrell Y Hatchett Y Hawkins Y Henson Y Hightower
Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L Y Jones, S Y Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin E Martin Y Maxwell Y Mayo Y McCall
McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice E Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M E Stephens, R
Stephenson Y Stovall Y Stover
Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 159, nays 0.
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3237
The Resolution, having received the requisite constitutional majority, was adopted.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate insists on its substitute to the following bill of the Senate:
HB 76. 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 be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016; 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.
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 112. By Senators Harper of the 7th, Tolleson of the 20th, Jeffares of the 17th, Williams of the 19th, Burke of the 11th and others:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the O.C.G.A.d, relating to general hunting provisions, so as to prohibit the removal, transportation, storage, or processing of game animal or game bird carcasses except in compliance with applicable harvest recording and reporting laws and regulations of the Board of Natural Resources; to amend Chapter 1 of Title 27 of the O.C.G.A., relating to general provisions relative to game and fish, so as to update provisions relating to applicability of regulations establishing criminal violations; to amend Part 2 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to deer hunting, so as to repeal obsolete provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas
Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas N Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
E Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L Y Jones, S Y Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin E Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris
Mosby Y Nimmer
Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice E Roberts N Rogers, C Y Rogers, T Y Rutledge Y Rynders
Scott Y Setzler Y Sharper Y Shaw Y Sims
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 N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 4.
The Bill, having received the requisite constitutional majority, was passed.
SB 62.
By Senators Harper of the 7th, Tolleson of the 20th, Bethel of the 54th, Jeffares of the 17th, Ginn of the 47th and others:
A BILL to be entitled an Act to amend Code Section 15-9-30.3 of the Official Code of Georgia Annotated, relating to jurisdiction over Game and Fish Code misdemeanor violations, so as to remove certain limitations on the jurisdiction of the probate courts over game and fish violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
MONDAY, MARCH 23, 2015
3239
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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
E Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L Y Jones, S Y Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin E Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice E Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders
Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Smith, E Smith, L
Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M E Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley
Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 2.
The Bill, having received the requisite constitutional majority, was passed.
Representative Jones of the 167th moved that the following Bill of the House be withdrawn from the General Calendar and recommitted to the Committee on Intragovernmental Coordination:
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HB 437. By Representatives Jones of the 167th and Atwood of the 179th:
A BILL to be entitled an Act to amend an Act creating the Brunswick-Glynn County Joint Water and Sewer Commission, approved April 19, 2006 (Ga. L. 2006, p. 3661), as amended, particularly by an Act approved April 11, 2012 (Ga. L. 2012, p. 5287), so as to provide for a short title name change; to provide for nonpartisan election in conjunction with general primary; to provide for terms of elected members; to provide for a quorum; to provide for public access to annual budget; to provide for solicitation of donations; to provide for assistance to low-income customers; to provide for separate accounting for certain donations and the expenditure of excess funds; to provide for notices and hearings prior to any increase in water or waste-water rates; 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 76. 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 be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016; 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.
Representative England of the 116th moved that the House insist on its position in disagreeing to the Senate substitute to HB 76 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:
MONDAY, MARCH 23, 2015
3241
Representatives England of the 116th, Jones of the 47th and Powell of the 171st.
Representative England of the 116th asked unanimous consent that HB 76 be immediately transmitted to the Senate.
It was so ordered.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 747. By Representatives Carson of the 46th, Reeves of the 34th, Benton of the 31st, Parsons of the 44th, Ballinger of the 23rd and others:
A RESOLUTION recognizing March 25, 2015, as Kennesaw State University Day at the state capitol, commending Kennesaw State University and its many contributions to the State of Georgia and higher education, and inviting Dr. Papp of Kennesaw State University 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 726 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 726. By Representative Cheokas of the 138th:
A RESOLUTION recognizing and commending Georgos Panagiotidis, Consul of the Greek Government, on the grand occasion of Greek Independence Day 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 748. By Representative Marin of the 96th:
A RESOLUTION commending Caminar Latino for 25 years of service to the State of Georgia; and for other purposes.
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HR 749. By Representative Marin of the 96th:
A RESOLUTION commending Jeffrey Tapia for her life of dedicated service; and for other purposes.
HR 750. By Representative Marin of the 96th:
A RESOLUTION commending Don Teodoro Maus for his life of service; and for other purposes.
HR 751. By Representatives Parsons of the 44th, Hatchett of the 150th, Geisinger of the 48th, Dickey of the 140th, Williams of the 87th and others:
A RESOLUTION commending Georgia linemen and recognizing April 18, 2015, as Georgia Lineman Appreciation Day at the state capitol; and for other purposes.
HR 752. By Representatives Tankersley of the 160th, Burns of the 159th and Parrish of the 158th:
A RESOLUTION recognizing and commending Zachary Rogers; and for other purposes.
HR 753. By Representatives Quick of the 117th, Frye of the 118th, Williams of the 119th, Coleman of the 97th, Kaiser of the 59th and others:
A RESOLUTION commending Dr. Philip D. Lanoue for his outstanding leadership in the role of Clarke County School District Superintendent and recognizing him as the National Superintendent of the Year; and for other purposes.
HR 754. By Representative Belton of the 112th:
A RESOLUTION commending the leaders of Cub Scout Pack 1824; and for other purposes.
HR 755. By Representatives Coleman of the 97th, Clark of the 101st, Dickson of the 6th, Benton of the 31st, Greene of the 151st and others:
A RESOLUTION recognizing and commending Ms. Jeannie M. "Sis" Henry on the occasion of her retirement; and for other purposes.
MONDAY, MARCH 23, 2015
3243
HR 756. By Representatives Hightower of the 68th, Powell of the 32nd, Cooke of the 18th, Taylor of the 173rd, Gravley of the 67th and others:
A RESOLUTION commending the Emergency Management Association of Georgia and recognizing March 26, 2015, as Emergency Management Association Day at the capitol; and for other purposes.
HR 757. By Representatives Rhodes of the 120th, Williams of the 119th, McCall of the 33rd, Epps of the 144th and Coleman of the 97th:
A RESOLUTION recognizing Andy Paul as the 2014-2015 President of the National Future Farmers of America Organization; and for other purposes.
HR 758. By Representatives Tankersley of the 160th, Burns of the 159th and Parrish of the 158th:
A RESOLUTION recognizing and commending Heath Aldredge; and for other purposes.
HR 759. By Representatives Tankersley of the 160th, Burns of the 159th and Parrish of the 158th:
A RESOLUTION recognizing and commending George Gagel; and for other purposes.
HR 760. By Representatives Tankersley of the 160th, Burns of the 159th and Parrish of the 158th:
A RESOLUTION recognizing and commending Christopher Koehler; and for other purposes.
HR 761. By Representatives Rogers of the 29th, Pruett of the 149th, Sims of the 123rd, Tankersley of the 160th, Smyre of the 135th and others:
A RESOLUTION commending Jennifer R. Abrams for her many accomplishments; and for other purposes.
HR 762. By Representatives Rogers of the 29th, Hawkins of the 27th, Barr of the 103rd, Benton of the 31st and Dunahoo of the 30th:
A RESOLUTION honoring the life and memory of Private First Class Elvis Bingham; and for other purposes.
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HR 763. By Representatives Rogers of the 29th, Hawkins of the 27th, Barr of the 103rd and Dunahoo of the 30th:
A RESOLUTION honoring the life and memory of Deke Richards; and for other purposes.
HR 764. By Representatives Chandler of the 105th, Efstration of the 104th, Clark of the 101st, Coleman of the 97th, Pak of the 108th and others:
A RESOLUTION honoring the life and memory of Jeanette Butler; and for other purposes.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 76. 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 be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016; 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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hill of the 4th, Cowsert of the 46th, and Shafer of the 48th.
Representative Morris of the 156th District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
MONDAY, MARCH 23, 2015
3245
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 95 Do Pass
Respectfully submitted, /s/ Morris of the 156th
Chairman
Representative Yates of the 73rd District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Defense and Veterans Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 203 Do Pass, by Substitute
Respectfully submitted, /s/ Yates of the 73rd
Chairman
Representative Stephens of the 164th District, Chairman of the Committee on Economic Development and Tourism, submitted the following report:
Mr. Speaker:
Your Committee on Economic Development and Tourism has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 26 Do Pass
Respectfully submitted, /s/ Greene of the 151st
Vice-Chairman
Representative Rogers of the 29th District, Chairman of the Committee on Higher Education, submitted the following report:
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JOURNAL OF THE HOUSE
Mr. Speaker:
Your Committee on Higher Education has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 71 Do Pass, by Substitute HR 642 Do Pass, by Substitute
Respectfully submitted, /s/ Rogers of the 29th
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:
SB 100 Do Pass, by Substitute
Respectfully submitted, /s/ Rice of the 95th
Chairman
Representative Ramsey of the 72nd moved that the House stand in recess until 4:00 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 4:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.
TUESDAY, MARCH 24, 2015
3247
Representative Hall, Atlanta, Georgia
Tuesday, March 24, 2015
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:
Abrams Alexander Allison Anderson Atwood Ballinger Barr Battles E Beasley-Teague Bell Belton E Bennett E Bentley Benton Beskin Beverly Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter E Casas Chandler Cheokas Clark, D Clark, H Clark, V Coleman
Cooke Coomer Cooper Corbett E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration E Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway E Geisinger Glanton Golick Gordon Gravley Greene
Hamilton E Harbin
Harden Harrell Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. E Jones, L E Jones, S Kelley Kendrick Kidd Kirby Knight LaRiccia Lumsden Mabra Marin E Martin Maxwell Mayo McCall McClain
Meadows Mitchell Morris Mosby Nimmer O'Neal Pak Parrish Parsons Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice E Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sims
Smith, E Smith, L Smith, R Smyre Spencer Stephens, M Stephens, R Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner Waites Watson Welch Weldon Werkheiser 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 Jacobs of the 80th, Jordan of the 77th, Nix of the 69th, Oliver of the 82nd, and Stephenson of the 90th.
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They wished to be recorded as present.
Prayer was offered by Reverend Hutch Garmany, Pastor, Grace Community Trenton Church, Trenton, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 Clark of the 147th, Harden of the 148th, Dickey of the 140th, O`Neal of the 146th and Epps of the 144th:
A BILL to be entitled an Act to amend an Act authorizing the governing authority of the City of Warner Robins to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A., approved May 11, 2009, (Ga. L. 2009, p. 3981), so as to change a reference to a resolution passed by the city council; to provide for related matters; to repeal conflicting laws; and for other purposes.
TUESDAY, MARCH 24, 2015
3249
Referred to the Committee on Intragovernmental Coordination - Local.
HB 644. By Representatives Clark of the 147th, Dickey of the 140th, Epps of the 144th, O`Neal of the 146th and Harden of the 148th:
A BILL to be entitled an Act to amend an Act providing for a homestead exemption from all City of Warner Robins ad valorem taxes for any city purposes, including, but not limited to, taxes to retire bonded indebtedness for certain persons who have been residents of the City of Warner Robins for at least the immediately preceding five years and who are 65 years of age or older, approved April 5, 1995 (Ga. L. 1995, p. 4189), as amended, so as to change the date for filing an application for such homestead exemption; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 645. By Representatives Scott of the 76th, Stovall of the 74th, Mabra of the 63rd, Jordan of the 77th, Glanton of the 75th and others:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4321), so as to provide the salaries of the members of the Clayton County Board of Commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 646. By Representatives Scott of the 76th, Stovall of the 74th, Mabra of the 63rd, Jordan of the 77th, Glanton of the 75th and others:
A BILL to be entitled an Act to amend an Act providing for a supplement to the salaries of the judges of the superior court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4683), so as to increase the county supplement to the state salary of said judges; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 647. By Representatives Scott of the 76th, Stovall of the 74th, Mabra of the 63rd, Jordan of the 77th, Glanton of the 75th and others:
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JOURNAL OF THE HOUSE
A BILL to be entitled an Act to amend an Act providing for the appointment of the chief magistrate of Clayton County, approved March 21, 1984 (Ga. L. 1984, p. 4411), as amended, particularly by an Act approved May 4, 2006 (Ga. L. 2006, p. 4136), so as to change the salary of the chief magistrate; 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 648. By Representatives Scott of the 76th, Jordan of the 77th, Waites of the 60th, Douglas of the 78th, Stovall of the 74th and others:
A BILL to be entitled an Act to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4656), so as to change the provisions relating to the compensation of the sheriff; 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 649. By Representatives Cooper of the 43rd, Clark of the 101st, Knight of the 130th, Jones of the 53rd and Stephenson of the 90th:
A BILL to be entitled an Act to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncturists, and others, so as to require licensure of lactation consultants; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for an advisory committee; to provide for licensure application and qualifications; to provide for license renewal; 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.
HB 650. By Representatives Waites of the 60th, Bruce of the 61st, Gardner of the 57th, and Brooks of the 55th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Atlanta, approved April 15, 1996 (Ga. L. 1996, p. 4469), as amended, so as to provide for public safety access assessments; to provide for related matters; to repeal conflicting laws; and for other purposes.
TUESDAY, MARCH 24, 2015
3251
Referred to the Committee on Intragovernmental Coordination - Local.
HB 651. By Representatives Maxwell of the 17th, Gravley of the 67th, Alexander of the 66th and Rakestraw of the 19th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the election of members of the board of education of Paulding County," approved March 21, 1968 (Ga. L. 1968, p. 2381), as amended, so as to change the method of filling vacancies on the board of education; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 652. By Representatives O`Neal of the 146th, Dickey of the 140th and Harden of the 148th:
A BILL to be entitled an Act to create the Perry Public Facilities Authority; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 745. By Representatives Cooper of the 43rd, Clark of the 101st, Sims of the 123rd, Rogers of the 29th and Jones of the 53rd:
A RESOLUTION encouraging the United States Congress to provide for the continuation of Ryan White CARE Act funding at levels appropriate to meet the needs of the citizens of the State of Georgia; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 746. By Representatives Randall of the 142nd, Bell of the 58th, Hugley of the 136th, Fludd of the 64th and Abrams of the 89th:
A RESOLUTION expressing the sense of the General Assembly regarding public policies that will help Georgia families thrive; and for other purposes.
Referred to the Committee on Health & Human Services.
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:
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HB 655. By Representatives Willard of the 51st, Jones of the 47th, Dudgeon of the 25th, Wilkinson of the 52nd, Jacobs of the 80th and others:
A BILL to be entitled an Act to provide for the administration of the budget of the Magistrate Court of Fulton County; to provide that the court administrator shall be the chief magistrate or his or her designee; to provide that such court administrator shall have oversight of the budget; to provide that such court administrator 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.
HB 656. By Representative Pruett of the 149th:
A BILL to be entitled an Act to amend an Act creating the office of Commissioner of Dodge County, approved August 19, 1912 (Ga. L. 1912, p. 367), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 657. By Representatives Rhodes of the 120th and O`Neal of the 146th:
A BILL to be entitled an Act to repeal an Act creating the Greene County Family Connection Commission, approved March 27, 1998 (Ga. L. 1998, p. 3748), and all amendatory acts thereto; 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.
HR 768. By Representatives Chandler of the 105th, Ballinger of the 23rd, Welch of the 110th, Quick of the 117th, Dickerson of the 113th and others:
A RESOLUTION creating the House Study Committee on Mandatory Reporting of Child Abuse; and for other purposes.
Referred to the Committee on Juvenile Justice.
TUESDAY, MARCH 24, 2015
3253
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 639 HB 641 HR 724 HR 743
HB 640 HB 642 HR 725 HR 744
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 and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 133 Do Pass, by Substitute SR 287 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 and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 612 HR 641 SB 114 SB 194
Do Pass Do Pass, by Substitute Do Pass Do Pass, by Substitute
HR 640 SB 109 SB 131
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute
Respectfully submitted, /s/ Cooper of the 43rd
Chairman
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JOURNAL OF THE HOUSE
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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 618 Do Pass, by Substitute
Respectfully submitted, /s/ Benton of the 31st
Chairman
Representative Tankersley of the 160th 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 627 HB 633 HB 636
Do Pass Do Pass Do Pass
HB 631 HB 634 HB 637
Do Pass Do Pass Do Pass
Respectfully submitted, /s/ Tankersley of the 160th
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 99 SB 154 SB 195
Do Pass Do Pass, by Substitute Do Pass, by Substitute
SB 134 SB 160
Do Pass, by Substitute Do Pass, by Substitute
TUESDAY, MARCH 24, 2015
3255
Respectfully submitted, /s/ Pak of the 108th
Vice-Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR TUESDAY, MARCH 24, 2015
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
Modified Open Rule
HR 419 SB 2
United States Congress; extend authorization for Augusta Canal National Heritage Area to receive federal funding from the National Park Service through 2021; encourage (SProp-Sims-123rd) Education; student who completes certain requirements relating to postsecondary coursework awarded a high school diploma (Ed-Nix-69th) Tippins-37th
Modified Structured Rule
HR 613 SB 72
SB 94
United States Environmental Protection Agency (EPA); withdraw the proposed Clean Air Plan; encourage (NR&E-Martin-49th) "Tanja's Law"; provide measure of equivalency in punishment of crimes committed against police dogs in performance of their official duties (Substitute)(JudyNC-Weldon-3rd) Mullis-53rd Criminal Procedure; require a procedure for enhancing witness identification accuracy (Substitute)(JudyNC-Atwood-179th) Bethel-54th
Structured Rule
None
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JOURNAL OF THE HOUSE
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 224. By Senators Martin of the 9th and Thompson of the 5th:
A BILL to be entitled an Act to create the Lawrenceville Building Authority as a public corporation and an instrumentality of the State of Georgia; to provide for the separate enactment of each provision of this Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 164. By Representatives Martin of the 49th and Casas of the 107th:
A BILL to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the regulation of certificated professional personnel by the Professional Standards Commission, so as to extend the suspension of professional learning requirements for certification renewal; to extend the timeline for revision of certification renewal rules for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 174. By Representatives Jones of the 62nd, Bruce of the 61st, Gravley of the 67th, Hightower of the 68th and Alexander of the 66th:
A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, the "Urban Redevelopment Law," so as to include blighted areas; to modernize terminology; to provide for the use of surface transportation projects in urban redevelopment areas; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
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HB 366. By Representatives Strickland of the 111th, Hamilton of the 24th, Bryant of the 162nd, Pruett of the 149th, Stephens of the 164th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to regulation of employment of minors, so as to change certain provisions related to the employment of minors; to change certain provisions relating to the issuance of employment certificates for minors; to change certain provisions related to identification cards required for the employment of minors; to provide for gender neutrality; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required, so as to provide that certain documents relating to the employment of minors as actors or performers shall be exempt from such disclosure; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 368. By Representatives Strickland of the 111th, Hamilton of the 24th, Bryant of the 162nd, Pruett of the 149th, Broadrick of the 4th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings relative to the standards and requirements for construction, alteration, and other matters, so as to repeal and reserve Part 5 of said article, relating to glass installations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 424. By Representative Tarvin of the 2nd:
A BILL to be entitled an Act to authorize the governing authority of the City of LaFayette 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 554. By Representatives Rutledge of the 109th, Stephenson of the 90th, Welch of the 110th, Yates of the 73rd, Strickland of the 111th and others:
A BILL to be entitled an Act to amend an Act entitled "An Act to amend an Act providing for a new Board of Commissioners of Henry County," approved March 24, 1974 (Ga. L. 1974, p. 3680), as amended, particularly by an Act approved April 4, 1990 (Ga. L. 1990, p. 5232), so as to further define the authority, roles, and responsibilities of the chairperson, the board of commissioners, and the county manager; to provide for compensation; to
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provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 570. By Representatives Jones of the 47th and Cantrell 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 7, 2013 (Ga. L. 2013, p. 4401), so as to change the description of the election districts; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 576. By Representatives LaRiccia of the 169th and Roberts of the 155th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee," approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5320), so as to provide for fouryear terms for the mayor and members of the city council; to provide for elections; to repeal conflicting laws; and for other purposes.
HB 577. By Representatives Dickerson of the 113th, Anderson of the 92nd, Stephenson of the 90th, Dawkins-Haigler of the 91st, Rutledge of the 109th and others:
A BILL to be entitled an Act to authorize Rockdale County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide for effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
HB 580. By Representatives Smyre of the 135th, Smith of the 134th, Buckner of the 137th, Hugley of the 136th and Pezold of the 133rd:
A BILL to be entitled an Act to amend an Act authorizing the Recorder's Court of Columbus, Georgia, to impose and collect a technology fee for each fine imposed, approved May 7, 2013 (Ga. L. 2013, p. 4414), so as to increase the amount of such fee; to repeal an automatic repeal of such Act; to repeal conflicting laws; and for other purposes.
HB 582. By Representatives Smith of the 70th, Stover of the 71st, Ramsey of the 72nd and Trammell of the 132nd:
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A BILL to be entitled an Act to amend an Act creating the Coweta County Water and Sewerage Authority, approved March 20, 2001 (Ga. L. 2001, p. 3539), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3668), so as to change the terms of members of the authority; to change the quorum; to repeal conflicting laws; and for other purposes.
HB 583. By Representatives Carson of the 46th, Reeves of the 34th, Setzler of the 35th, Jones of the 53rd, 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 adopted by the requisite constitutional majority the following resolution of the House:
HR 730. By Representative Marin of the 96th:
A RESOLUTION commending Latino media and recognizing March 24, 2015, as Latino Media Day at the state capitol; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 477. By Representative Jones of the 47th:
A BILL to be entitled an Act to amend Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to procedures for disposition of property formerly acquired for public road purposes but later abandoned, so as to provide for notice and right to acquire when such property is located within a subdivision; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 246. By Representatives Knight of the 130th, Carson of the 46th, Mosby of the 83rd and Wilkerson of the 38th:
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A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to provide for powers and actions granted to other licensing boards; to revise and add definitions; to provide that the State Board of Accountancy is administratively attached to the State Accounting Office; to change provisions relating to foreign registered accountants; to change the standard of proof; to provide for confidentiality of certain information; to amend Chapter 5B of Title 50 of the Official Code of Georgia Annotated, relating to the State Accounting Office, so as to remove the State Board of Accountancy as a division of the State Accounting office; 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 224. By Senators Martin of the 9th and Thompson of the 5th:
A BILL to be entitled an Act to create the Lawrenceville Building Authority as a public corporation and an instrumentality of the State of Georgia; to provide for the separate enactment of each provision of this 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 Hitchens of the 161st, Wilkinson of the 52nd et al., Abrams of the 89th, Clark of the 147th, Hugley of the 136th, Waites of the 60th, Efstration of the 104th, Marin of the 96th, Pruett of the 149th, and Thomas of the 56th.
Representative Setzler of the 35th moved that the following Bill of the House be withdrawn from the Local Calendar and recommitted to the Committee on Intragovernmental Coordination - Local:
HB 627. By Representatives Turner of the 21st, Battles of the 15th, Caldwell of the 20th, Ballinger of the 23rd and Setzler of the 35th:
A BILL to be entitled an Act to repeal an Act creating the Lake Allatoona Preservation Authority, approved April 22, 1999 (Ga. L. 1999, p. 4827); to provide for the assets thereof; to provide for severability and applicability; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
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The motion prevailed.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 631. By Representatives Cantrell of the 22nd, Turner of the 21st, Caldwell of the 20th, Ballinger of the 23rd and Carson of the 46th:
A BILL to be entitled an Act to amend an Act creating the Board of Ethics of Cherokee County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 411), so as to define a term; to provide for limitation of liability; to 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 633. By Representatives Beskin of the 54th, Wilkinson of the 52nd, Golick of the 40th, Bruce of the 61st, Jacobs of the 80th and others:
A BILL to be entitled an Act to provide a homestead exemption from City of Atlanta independent school district ad valorem taxes for educational purposes in the amount of the assessed value of the homestead for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 634. By Representatives Clark of the 101st, Coleman of the 97th, Chandler of the 105th, Floyd of the 99th, Harrell of the 106th and others:
A BILL to be entitled an Act to amend an Act incorporating the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4128), so as to amend corporate boundaries 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.
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HB 636. By Representative Morris of the 156th:
A BILL to be entitled an Act to authorize the governing authority of the City of Vidalia 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 637. By Representatives Morris of the 156th, Pruett of the 149th and LaRiccia of the 169th:
A BILL to be entitled an Act to provide a new charter for the City of Hazlehurst; to provide for severability; to provide for other matters relative to the foregoing; to provide a specific repealer; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following roll call vote was made applicable to the previously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague N Bell Y Belton E Bennett E Bentley Y Benton Y Beskin N Beverly Y Broadrick Y Brockway N Brooks N Bruce N Bryant
Y Coomer Y Cooper Y Corbett E 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 Ealum Y Efstration Y Ehrhart Y England Y Epps
E Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hitchens
Holcomb Y Holmes Y Houston N Howard N Hugley E Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L E Jones, S N Jordan
Y Meadows N Mitchell Y Morris
Mosby Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw
N Smith, E Y Smith, L
Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R
Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin
Taylor, D Y Taylor, T Y Teasley N Thomas, A.M.
Thomas, E N Trammell
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N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
N Evans Y Fleming N Floyd N Fludd N Frazier N Frye N Gardner Y Gasaway E Geisinger N Glanton Y Golick N Gordon Y Gravley Y Greene Y Hamilton
Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden N Mabra N Marin E Martin Y Maxwell N Mayo Y McCall N McClain
Y Ramsey N Randall Y Reeves Y Rhodes Y Rice E Roberts Y Rogers, C E Rogers, T Y Rutledge Y Rynders
Scott Y Setzler N Sharper Y Shaw Y Sims
Turner N Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 113, nays 42.
HB 631, HB 634, HB 636, HB 637, having received the requisite constitutional majority, were passed.
HB 633, having failed to receive the requisite constitutional majority, was lost.
Representative Beskin of the 54th moved that the House reconsider its action in failing to give the requisite constitutional majority to HB 633.
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 E Beasley-Teague N Bell Y Belton E Bennett E Bentley Y Benton Y Beskin N Beverly Y Broadrick Y Brockway N Brooks Y Bruce
Bryant Buckner Y Burns Y Caldwell, J
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming N Floyd
E Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens
Holcomb Y Holmes Y Houston
Howard Hugley E Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L E Jones, S N Jordan Kaiser Y Kelley N Kendrick
Meadows N Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves
N Smith, E Y Smith, L
Smith, M Y Smith, R
Smyre Y Spencer N Stephens, M Y Stephens, R
Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M.
Thomas, E N Trammell
Turner N Waites Y Watson
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Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
N Fludd Frazier
N Frye N Gardner Y Gasaway E Geisinger N Glanton Y Golick N Gordon Y Gravley Y Greene Y Hamilton
Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden N Mabra N Marin E Martin Y Maxwell N Mayo Y McCall N McClain
Y Rhodes Y Rice E Roberts Y Rogers, C E Rogers, T Y Rutledge Y Rynders
Scott Setzler N Sharper Y Shaw Y Sims
Y Welch N Weldon Y Werkheiser N Wilkerson Y Wilkinson
Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 112, nays 39.
The motion prevailed.
Representative Beskin of the 54th moved that HB 633 be placed upon the table.
The motion prevailed.
Pursuant to HR 657, the House recognized Jack Dunn as the Willard B. Simmons National Community Pharmacists Association Independent Pharmacist of the Year and invited him to be recognized by the House of Representatives.
Pursuant to HR 451, the House commended the Social Circle High School wrestling team and invited them to be recognized by the House of Representatives.
Pursuant to HR 709, the House congratulated the McEachern High School Lady Indians Basketball Team for their excellent performance at the Class AAAAAA State Championship game 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 Bill and Resolution of the House and Senate were taken up for consideration and read the third time:
HR 419. By Representatives Sims of the 123rd, Frazier of the 126th, Howard of the 124th, Prince of the 127th and Smith of the 125th:
A RESOLUTION encouraging the United States Congress to extend authorization for the Augusta Canal National Heritage Area to receive federal funding from the National Park Service through 2021; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
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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 E Beasley-Teague Y Bell Y Belton E Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Cooper
Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
E Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L E Jones, S Y Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin E Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C E Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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 164, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 2.
By Senators Tippins of the 37th, Sims of the 12th, Cowsert of the 46th, Wilkinson of the 50th, 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 in elementary and secondary education, so as to provide that a student who completes certain requirements relating to postsecondary
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coursework may be awarded a high school diploma; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
Representative Roberts of the 155th offers the following amendment:
Amend SB 2 (LC 33 5850S (SCS)) by striking line 16 and inserting in lieu thereof the following:
(2) Has completed at least the following state required ninth
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 Belton E Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick
E Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L E Jones, S Y Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden
Mabra Y Marin E Martin
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C E Rogers, T Y Rutledge Y Rynders Y Scott
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson
Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C
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Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Gordon Y Gravley Y Greene Y Hamilton
Y Maxwell Y Mayo Y McCall Y McClain
Y Setzler Y Sharper Y Shaw Y Sims
Y Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, as amended, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, the following Resolution of the House was postponed until the next legislative day:
HR 613. By Representatives Martin of the 49th, Smith of the 70th, Parsons of the 44th, Williamson of the 115th, McClain of the 100th and others:
A RESOLUTION encouraging the United States Environmental Protection Agency (EPA) to withdraw the proposed Clean Power Plan; supporting the comments submitted to EPA by the Georgia Environmental Protection Division (EPD), the Georgia Public Service Commission (PSC), and the Attorney General of Georgia (Attorney General) on the Clean Power Plan; encouraging Congress and the President to enact legislation delaying implementation of the final Clean Power Plan until certain criteria are met; 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 94. By Senators Bethel of the 54th and Cowsert of the 46th:
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 require a procedure for enhancing witness identification accuracy; to provide for definitions; to provide for written policies relating to witness identification protocol; to provide for policy requirements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL TO BE ENTITLED AN ACT
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To amend Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to search and seizure, so as to revise and modernize the law relating to search and seizure; to provide for definitions; to provide for seizure of intangible property; to change provisions relating to searches without warrants; to authorize the recording of the execution of a search warrant; to provide for a procedure for sealing and delaying disclosure of search warrants, supporting documentation thereof, and returns under certain circumstances; to change the standard for suppressing evidence; to reorganize the use of wiretapping and surveillance into the search and seizure chapter; to provide for a procedure for the installation and use of tracking devices, pen registers, and trap and trace devices; to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to repeal provisions relating to wiretapping and surveillance now contained in Chapter 5 of Title 17; to amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, so as to change provisions relating to investigators in District Attorney and Solicitor-General Offices; to amend Code Sections 2-2-11, 2-15-14, 12-2-2, 15-18-15, 27-4-263, 49-4-146.3, and Title 16 of the Official Code of Georgia Annotated, relating to inspection warrants for the Department of Agriculture, inspection warrants for pacific white shrimp aquaculture; inspection warrants for the environmental protection division, the chief assistant district attorney, inspection warrants for the Aquaculture Development Commission, forfeiture of property and proceeds obtained through Medicaid fraud, and crimes and offenses, respectively, so as to conform cross-references; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to require a procedure for enhancing witness identification accuracy; to provide for definitions; to provide for written policies relating to witness identification protocol; to provide for policy requirements; to prohibit suppression of evidence under certain circumstances; to provide for related matters; to provide for an effective date, a delayed effective date, and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I
SEARCH, SEIZURE, WIRETAP SECTION 1-1.
Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to search and seizure, is amended by revising Article 1, relating to searches without warrants, as follows:
"ARTICLE 1
17-5-1. As used in this article, the term:
(1) 'Another state' means: (A) A state of the United States other than Georgia;
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(B) The District of Columbia; and (C) Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States, including an Indian tribe or band or Alaskan native village, which is recognized by federal law or formally acknowledged by a state. (2) 'Certified peace officer' means any individual who has been subject to the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and has completed the training required by such chapter. (3) 'Contraband' means any item, substance, object, thing, or matter, the possession of which is unlawful under the laws of this state or of the United States. (4) 'Judicial officer' means: (A) Any judge of a court of this state; (B) Any other official authorized to hold a court of inquiry to examine into an arrest of an offender for a violation of the criminal laws of this state; or (C) Any retired or senior judge or judge emeritus of a court of record when an active judge of a court of record in the jurisdiction wherein a search warrant is sought authorizes such judge, in writing, to issue search warrants or conduct hearings provided for in Article 1 or 2 of this chapter. (5) 'Peace officer' shall have the same meaning as set forth in Code Section 35-8-2 and shall also mean: (A) A certified peace officer employed by a university, college, or school pursuant to Code Section 20-3-72 or Chapter 8 of Title 20; (B) A certified peace officer employed by a district attorney or solicitor-general; or (C) A probation supervisor or probation officer employed by the Department of Corrections, the Department of Juvenile Justice, or any political subdivision of this state. (6) 'Property' means instruments, articles or things, any information or data, and anything that is tangible or intangible, corporeal or incorporeal, visible or invisible. (7) 'Stolen property' means any property unlawfully taken, converted, embezzled, or otherwise obtained without permission or right, in violation of the laws of this state, another state, the United States, or any foreign nation.
17-5-2. (a) A When a lawful arrest is effected a peace officer may reasonably search the person an individual lawfully arrested and the area within the such person's immediate presence for the purpose of:
(1) Protecting the peace officer from attack; (2) Preventing the person individual from escaping; (3) Discovering or seizing the fruits of the crime for which the person has been arrested; or (4) Discovering or seizing any instruments, articles, or things property which are is being used or which may have been used in the commission of the crime for which the person has been arrested.
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(b) Nothing When the peace officer is in the process of effecting a lawful search, nothing in this Code section shall be construed to preclude him a peace officer, in the course of a lawful search, from discovering or seizing any stolen or embezzled property, any item, substance, object, thing, or matter, the possession of which is unlawful, or any item, substance, object, thing, or matter, other than the private papers of any person, which is tangible contraband, or any other property that is evidence of the commission of a crime against the laws of this state, the United States, or another state.
17-5-2. 17-5-3. An inventory of all instruments, articles, or things property that is seized in a search without a search warrant shall be given to the person individual arrested and a copy thereof delivered to the judicial officer before whom the person individual arrested is taken. If the person individual arrested is released without a charge being preferred against him, all instruments, articles, or things such individual, all property seized, other than contraband or stolen property, shall be returned to him such individual upon release."
SECTION 1-2. Said chapter is further amended by revising Article 2, relating to searches with warrants, as follows:
"ARTICLE 2 Part 1
17-5-20. As used in this article, the term:
(1) 'Another state' shall have the same meaning as set forth in Code Section 17-5-1. (2) 'Contraband' shall have the same meaning as set forth in Code Section 17-5-1. (3) 'Device' means an instrument or apparatus used for overhearing, recording, intercepting, or transmitting sounds or for observing, photographing, videotaping, recording, or transmitting visual images and which involves in its operation electricity, electronics, or infrared, laser, or similar beams. Without limiting the generality of the foregoing, the term 'device' shall specifically include any camera, photographic equipment, video equipment, or other similar equipment or any electronic, mechanical, or other apparatus which can be used to intercept a wire communication, oral communication, or electronic communication other than:
(A) Any telephone or telegraph instrument, equipment, or facility or any component thereof:
(i) Furnished to the subscriber or user by a provider of electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by such subscriber or user
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for connection to the facilities of such service and used in the ordinary course of its business; or (ii) Being used by a provider of electronic communication service in the ordinary course of its business or by an investigative or peace officer in the ordinary course of his or her duties; or (B) A hearing aid or similar device being used to correct subnormal hearing to not better than normal; (C) Focusing, lighting, or illuminating equipment or optical magnifying equipment; and (D) A pen register or trap and trace device. (4) 'Electronic communication' means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system that affects interstate or foreign commerce, but shall not include: (A) Any wire communication or oral communication; (B) Any communication made through a tone-only paging device; (C) Any communication from a tracking device; or (D) Electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds. (5) 'Electronic communication service' means any service which provides to users thereof the ability to send or receive wire communications or electronic communications. (6) 'Judicial officer' shall have the same meaning as set forth in Code Section 17-5-1. (7) 'Oral communication' means any oral communication uttered by an individual exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation, but such term shall not include any electronic communication. (8) 'Peace officer' shall have the same meaning as set forth in Code Section 17-5-1. (9) 'Pen register' means a device or process that records or decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which an electronic communication or wire communication is transmitted; provided, however, that such information shall not include the contents of any communication. Such term shall not include any device or process used by a provider or customer of an electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider nor any device or process used by a provider or customer of an electronic communication service for cost accounting or similar purposes in the ordinary course of its business. (10) 'Property' shall have the same meaning as set forth in Code Section 17-5-1. (11) 'Remote computing service' means the provision to the public of computer storage or processing services by means of an electronic communications system. (12) 'Stolen property' shall have the same meaning as set forth in Code Section 17-51.
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(13) 'Tracking device' means any device that permits the tracking of the movement of an individual or physical object. (14) 'Trap and trace device' means a device or process that captures the incoming electronic or other impulses which identify the originating number or other dialing, routing, addressing, and signaling information reasonably likely to identify the source of a wire communication or electronic communication; provided, however, that such information shall not include the contents of any communication. (15) 'Wire communication' means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception, including the use of such connection in a switching station, furnished or operated by persons engaged in providing or operating such facilities for the transmission of interstate or foreign communications or communications affecting interstate or foreign commerce.
17-5-21. (a) A search warrant may shall be issued only upon the application of an officer of this state or its political subdivisions charged with the duty of enforcing the criminal laws or a currently certified request of a peace officer engaged in the course of official duty, whether said officer is employed by a law enforcement unit of:
(1) The state or a political subdivision of the state; or (2) A university, college, or school. (b) A search warrant shall not be issued upon the application of a private citizen or for his a private citizen's aid in the enforcement of personal, civil, or property rights.
17-5-21. 17-5-22. (a) Any peace officer seeking a search warrant while engaged in the course of official duty shall submit a written request for such warrant, Upon the written complaint of any certified peace officer of this state or its political subdivisions charged with the duty of enforcing the criminal laws and otherwise as authorized in Code Section 17-5-20 under oath or affirmation, which states facts sufficient to show probable cause that a crime is being committed, or has been committed, or is about to be committed and which particularly describes the place or person, or both, to be searched and things the individuals or property to be seized, any. Such request for a search warrant may include related documents and oral testimony. Any judicial officer authorized to hold a court of inquiry to examine into an arrest of an offender against the penal laws, referred to in this Code section as 'judicial officer,' may issue a search warrant for the search or seizure of the following:
(1) Any instruments, articles, or things, including the private papers of any person, which are property that is designed, intended for use, or which have has been used in the commission of the offense in connection with for which the search warrant is issued;
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(2) Any person individual who has been kidnapped or unlawfully restrained in violation of the laws of this state, who has been kidnapped in another jurisdiction state and is now concealed within this state, or any human fetus or human corpse; (3) Stolen or embezzled property; (4) Any item, substance, object, thing, or matter, the possession of which is unlawful contraband; or (5) Any item, substance, object, thing, or matter, other than the private papers of any person, which is tangible property that is evidence of the commission of the crime for which probable cause is shown; or (6) Another person's property when an arrest warrant has been issued for an individual who is located within such other person's property. (b) When the peace officer is in the process of effecting a lawful search, nothing in this Code section shall be construed to preclude him preclude such officer from discovering or seizing any stolen or embezzled property, any item, substance, object, thing, or matter, the possession of which is unlawful, or any item, substance, object, thing, or matter, other than the private papers of any person, which is tangible contraband, or any other property that is evidence of the commission of a crime against the laws of this state, the United States, or another state. (c) Other personnel, sworn or unsworn, acting under the direction of a peace officer executing a search warrant may assist in the execution of such warrant. While in the process of effecting a lawful arrest or search, nothing in this Code section nor in Code Section 16-11-62 shall be construed to preclude the use of any device by the peace officer executing the search warrant or other personnel assisting in the execution of such warrant. Any retired judge or judge emeritus of a state court may issue search warrants as authorized by this Code section if authorized in writing to do so by an active judge of the state court of the county wherein the warrants are to be issued. (d) Notwithstanding any provisions of Code Section 17-5-20 17-5-21 or other provisions of this Code section to the contrary, with respect to the execution of a search warrant by a certified peace officer employed by a university, college, or school, which search warrant will be executed beyond the arrest jurisdiction of a campus policeman police officer pursuant to Code Section 20-3-72, the execution of such search warrant shall be made jointly by the certified peace officer employed by a university, college, or school and a certified peace officer of a law enforcement unit of the political subdivision wherein the search will be conducted.
17-5-21.1. 17-5-23. (a) A judge of any court in this state judicial officer authorized to issue search warrants may, in lieu of receiving a written request pursuant to Code Section 17-5-21 17-5-22 may, as an alternative to other laws relating to the issuance of search warrants, receive and conduct such applications requests 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 judicial officer at the time of the video conference, provided that the judge judicial officer issuing the search warrant is
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authorized by law to issue such warrant, and, at the time such warrant is issued, he or she is physically located within this state. (b) Search warrant applications requests heard by video conference shall be conducted in a manner to ensure that the judge judicial officer conducting the hearing has visual and audible contact with all affiants and witnesses giving testimony. (c) The affiant participating in a search warrant application request by video conference shall sign the affidavit for a search warrant and any related documents by any reasonable means which identifies the affiant, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which that identifies the person individual signing the affidavit and any related documents. The judge judicial officer participating in a search warrant application request by video conference shall sign the affidavit for a search warrant, the search warrant, and any related documents by any reasonable means which identifies the judge judicial officer, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which that identifies the judicial officer signing the affidavit and warrant and any related documents. Such applications requests shall be deemed to be written within the meaning of Code Section 17-5-21 17-5-22. Such authorization shall be deemed to comply with the issuance requirements provided for in Code Section 17-5-22 17-5-24. (d) A judge judicial officer hearing matters pursuant to this Code section shall administer an oath to any person individual testifying by means of a video conference. (e) A video recording of the application search warrant request hearing and any documents submitted in conjunction with the application such request shall be maintained as part of the record.
17-5-22. 17-5-24. (a) All search warrants shall state the time and date of issuance and are the warrants of the judicial officer issuing the same and not the warrants of the court in which he such officer is then sitting. Such warrants need not bear the seal of the court or clerk thereof. Until the search warrant has been executed or has been returned as not executed, the search warrant and all supporting documents, recordings, and transcripts shall not be subject to public inspection. The search warrant, the complaint on which the warrant is issued, the affidavit or affidavits and all supporting the documentation for such warrant, and the returns shall be filed with the clerk of the court of the judicial officer issuing the same, or with the court if there is no clerk, at the time the within a reasonable time after the search warrant has been executed or has been returned or has been returned 'not executed'; provided, however, that the judicial officer shall keep a docket record of all search warrants issued by him, and upon issuing any warrant he shall immediately record the same, within a reasonable time, on the docket.
(b)(1) The prosecuting attorney may petition the court ex parte for a search warrant and all supporting documentation therefor, including recordings or transcripts supporting such warrant, to be filed under seal with the clerk when the prosecuting
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attorney can show reasonable cause to believe that disclosure of the search warrant and supporting documentation therefor may:
(A) Endanger the life or physical safety of an individual; (B) Result in the flight of an individual from prosecution; (C) Lead to the destruction of or tampering with evidence; (D) Cause the intimidation of potential witnesses; (E) Seriously jeopardize an investigation; or (F) Unduly delay a trial. (2) A judicial officer may order that a search warrant and all supporting documentation therefor, including recordings or transcripts supporting such warrant, the return for such warrant, and the petition of the prosecuting attorney requesting sealing be filed under seal with the clerk until such time as the judicial officer may direct, up to an initial period of 60 days. Upon application by the prosecuting attorney, the judicial officer may extend the initial sealing for additional periods not to exceed 60 days; provided, however, that such sealing shall not extend beyond the return of the indictment or the filing of an accusation in which property or evidence seized may be admitted into evidence.
17-5-23. 17-5-25. A The search warrant shall command the peace officer directed to execute the same to search the place or person particularly described in the warrant and to seize the instruments, articles, or things individuals or property particularly described in the search warrant. A search warrant may be executed at any reasonable time.
17-5-24. 17-5-26. (a) A The search warrant shall be issued in duplicate and shall be directed for execution to all peace officers of this state. However,; provided, however, that the judicial officer may direct the search warrant to be executed by any peace officer named specially therein.
17-5-25. (b) A The search warrant shall be executed within ten days from the time of issuance. If the search warrant is executed, the duplicate copy shall be left with any person from whom any instruments, articles, or things are individual or property was seized; or, if no person individual is available, the copy shall be left in a conspicuous place on the premises from which the instruments, articles, or things were seized individual or property was seized; provided, however, that no copy shall be left in a conspicuous place if the judicial officer issuing such warrant has ordered the search warrant to be sealed pursuant to Code Section 17-5-24. (c) Any search warrant not executed within ten days from the time of issuance shall be void and shall be returned to the court of the judicial officer issuing the same as 'not executed.'
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17-5-26. The search warrant may be executed at any reasonable time.
17-5-27. (a) All necessary and reasonable force may be used to effect an entry into any building or property place to be searched or part thereof to execute a search warrant if, after verbal notice or an attempt in good faith to give verbal notice by the peace officer directed to execute the same of his the peace officer's authority and purpose:
(1) The peace officer He is refused admittance; (2) The person or persons individuals within the building or property place to be searched or part thereof refuse to acknowledge and answer the verbal notice or the presence of the person or persons individuals therein is unknown to the peace officer; or (3) The building or property place to be searched or part thereof is not then occupied by any person.
17-5-28. (b) In the execution of the search warrant the peace officer executing the same may reasonably detain or search any person individual in the place at the time:
(1) To protect himself the peace officer and any other individual assisting in the execution of such warrant from attack; or (2) To prevent the disposal or concealment of any instruments, articles, or things particularly described in the search warrant property or contraband.
17-5-29. 17-5-28. A written return of all instruments, articles, or things property seized shall be made without unnecessary delay before the any judicial officer named in the warrant or before any court of competent jurisdiction of the same court as the judicial officer that issued the search warrant. An inventory of any instruments, articles, or things seized property seized shall be filed with the return and signed under oath by the peace officer executing the warrant. If the return has been sealed pursuant to Code Section 17-5-24, the inventory shall also be sealed. Unless the return has been sealed, the The judicial officer or court shall, upon request, deliver a copy of the inventory to the persons from whom or from whose premises the instruments, articles, or things were property was taken and to the applicant for the search warrant.
17-5-30. 17-5-29. (a) A defendant aggrieved by an unlawful search and seizure may move the court for the return of property, the possession of which is not otherwise unlawful, and to suppress as evidence anything so obtained on the grounds that:
(1) The search and seizure without a warrant was illegal; or
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(2) The search and seizure with a warrant was illegal because the warrant is insufficient on its face, there was not probable cause for the issuance of the warrant, or the warrant was illegally executed. (b) The motion shall be in writing and state facts showing that the search and seizure were was unlawful. Such motion shall be filed within ten days after arraignment, unless the time for filing such motion is extended by the court. The judge court shall conduct and receive evidence out of the presence at a hearing on such motion prior to the empaneling of the jury on any issue of fact necessary to determine the motion; and the such motion. The burden of proving that the search and seizure were was lawful shall be on the state. If the motion is granted, the state may appeal as provided in Code Section 5-7-1. The property shall be restored, if the state does not appeal or if the order is affirmed on appeal unless such property is otherwise subject to lawful detention,; and it shall not be admissible in evidence against the movant in any trial except as impeachment or rebuttal evidence. (c) The motion shall be made only before a court with jurisdiction to try the offense. If a criminal accusation is filed or if an indictment or special presentment is returned by a grand jury, the motion shall be made only before the court in which the accusation, indictment, or special presentment is filed and pending.
17-5-31. (d) No search warrant shall be quashed or evidence shall be suppressed or property returned because of a technical irregularity not affecting the substantial rights of the accused.
17-5-32. 17-5-30. (a) As used in this Code section, the term 'documentary evidence' includes but is shall not be limited to writings, documents, blueprints, drawings, photographs, computer printouts, microfilms, X-rays, files, diagrams, ledgers, books, tapes, audio and video recordings, and papers of any type or description. (b) Notwithstanding any other provision of law, no search and seizure without a search warrant shall be conducted and no search warrant shall be issued for any documentary evidence in the possession of an attorney who is not a criminal suspect, unless the application request for the search warrant specifies that the place to be searched is in the possession or custody of an attorney and also shows that there is probable cause to believe that the documentary evidence will be destroyed or secreted in the event a search warrant is not issued. This Code section shall not impair the ability to serve search warrants in cases in which the search is directed against an attorney if there is probable cause to suspect such attorney has committed a crime. This Code section shall not impair the ability to serve subpoenas on nonsuspect attorneys. (c) In any case in which there is probable cause to believe that documentary evidence will be destroyed or secreted if a search warrant is not issued, no search warrant shall be issued or be executed for any documentary evidence in the possession or custody of an attorney who is not a criminal suspect, unless:
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(1) At at the time the search warrant is issued, the court shall appoint judicial officer appoints a special master to accompany the person peace officer who will serve the search warrant. The special master shall be an attorney who is a member in good standing of the State Bar of Georgia and who has been selected from a list of qualified attorneys maintained by the State Bar of Georgia. An attorney shall not be appointed as a special master if there is a significant risk that his or her own interests or duties to another client, former client, or a third person will be materially and adversely affected by such appointment. Upon service of the search warrant, the special master shall inform the party person served of the specific items property being sought and that the party person shall have the opportunity to provide the items property requested. If the party person, in the judgment of the special master, fails to provide the items property requested, the special master shall conduct a search for the items property in the areas indicated in the search warrant;. (2)(d) If the party person who has been served with a search warrant states that an item or items property should not be disclosed, such item or items property shall be sealed by the special master and taken to the superior court in which the accusation, indictment, or special presentment is filed and pending for a hearing in such court. At the hearing the party person whose premises has been searched shall be entitled to raise any issues which may be raised pursuant to Code Section 17-5-30 17-5-29 as well as claims that the item or items are property is privileged or claims that the item or items are property is inadmissible because they were it was obtained in violation of this Code section. Any such hearing shall be held in the superior court; (3)(e) A search warrant issued pursuant to this Code section shall: Any such warrant must, whenever
(1) Whenever practicable, be served during normal business hours. The law enforcement officer or prosecutor peace officer serving the search warrant shall not participate in the search but may accompany the special master when the special master is conducting the search. The prosecuting attorney may designate an attorney or investigator employed by such prosecuting attorney to observe the execution of such search warrant; (4)(2) Be Any such warrant must be served upon a party person who appears to have possession or control of the items property sought. If, after reasonable efforts, the party person serving the warrant is unable to locate any such person, the special master shall seal and return to the court for determination by the court any items property which appear appears to be privileged; and (5)(3) Be Any such warrant shall be issued only by the a state or superior court judge. At the time of applying for such a warrant, the law enforcement officer or prosecutor peace officer or prosecuting attorney shall submit a written search plan designed to minimize the intrusiveness of the search. (f) When the a search warrant is executed pursuant to this Code section, the special master carrying out the search shall have a duty to make reasonable efforts to minimize the intrusiveness of the search.
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(d)(g) Notwithstanding subsection (b) of Code Section 17-5-29 or any provision of law to the contrary, evidence obtained in violation of this Code section shall be excluded and suppressed from the prosecution's case-in-chief or in rebuttal, and such evidence shall not be admissible either as substantive evidence or for impeachment purposes.
Part 2
17-5-40. (a) The General Assembly recognizes that the rights of citizens of this state to be secure in their persons, homes, papers, and effects from unreasonable searches conducted by government agents is essential to the concepts of personal liberty and privacy. (b) The General Assembly further recognizes that electronic communication devices, including, but not limited to, mobile telephones, e-mail, social media, and other evolving forms of communication, are used and exploited with increasing frequency and sophistication to conduct criminal activity in this state. (c) It is the intent of the General Assembly in enacting this part to provide peace officers and prosecuting attorneys with the means to conduct legitimate investigations of criminal activity in which electronic communications are being used under appropriate judicial supervision in order to protect the rights of the citizens of this state.
17-5-41. As used in this part, the term 'district attorney' includes an acting district attorney or a chief assistant district attorney designated to act for the district attorney during the temporary absence of such district attorney pursuant to Code Section 15-18-15.
17-5-42. (a) A peace officer, a prosecuting attorney, or the Attorney General may require the disclosure of stored wire communications or electronic communications, as well as transactional records pertaining thereto by subpoena, court order, or search warrant as provided by the laws of the United States. (b) A provider of electronic communication service or remote computing service shall provide the contents of, and transactional records pertaining to, wire communications and electronic communications in its possession or reasonably accessible thereto when a requesting peace officer, a prosecuting attorney, or the Attorney General complies with the provisions for access thereto set forth by the laws of the United States. (c) Search warrants for production of stored wire communications or electronic communications and transactional records pertaining thereto shall have state-wide application or application as provided by the laws of the United States when issued by a judicial officer with jurisdiction over the criminal offense under investigation and to which such records relate. (d) A judicial officer with jurisdiction over the criminal offense under investigation and to which transactional records relate may issue an order requiring the disclosure of
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stored wire communications or electronic communications, as well as transactional records pertaining thereto, to the extent and under the procedures and conditions provided for by the laws of the United States. Such orders for production of stored wire communications or electronic communications and transactional records pertaining thereto shall have state-wide application or application as provided by the laws of the United States when issued by a judicial officer with jurisdiction over the criminal offense under investigation and to which such records relate. (e) A subpoena for the production of stored wire communications or electronic communications and transactional records pertaining thereto may be issued at any time upon a showing by a peace officer, a prosecuting attorney, or the Attorney General that the subpoenaed material relates to a pending criminal investigation. (f) A violation of this Code section shall be punishable as contempt.
17-5-43. (a) A search warrant issued by a judge of the superior court having jurisdiction over the crime under investigation or a full-time judge of a state court having jurisdiction over the crime under investigation may authorize the installation or monitoring of a tracking device, provided that such warrant identifies the individual or physical object to be tracked and specifies a reasonable length of time that the tracking device is to be used, which time shall not exceed 45 days from the date such warrant was issued. The court may, for good cause, grant one or more extensions for a reasonable length of time not to exceed 45 days each. (b) Any required installation of a tracking device shall take place in any county within the jurisdiction of such judge, but such device may be monitored from any location within the jurisdiction of this state. Unless otherwise prohibited by federal law, such device may be monitored from within this state even if such device is transported outside this state. (c) A tracking device search warrant shall command a peace officer to:
(1) Complete any installation or activation authorized by such warrant within ten days from the date such warrant was issued; and (2) Make a written return of such warrant before the judicial officer named in such warrant or before any court of competent jurisdiction to the judge designated in such warrant. (d) A peace officer executing a tracking device search warrant shall enter on the return the exact date and time the tracking device was installed, or monitoring commenced if no installation was required, and dates and times during which it was used. (e) Within ten days after use of the tracking device has ended, the peace officer executing the tracking device search warrant shall return it to the judicial officer named in such warrant or to any court of competent jurisdiction. A peace officer may make such return by reliable electronic means. (f)(1) Within ten days after use of the tracking device has ended, the peace officer executing a tracking device search warrant shall serve a copy of such warrant on the
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person who was tracked or whose physical object was tracked. Service may be accomplished by:
(A) Personally delivering a copy of such warrant to the person who, or whose physical object, was tracked; (B) Leaving a copy of such warrant at the person's residence or usual place of abode with an individual of suitable age and discretion who resides at that location; or (C) Mailing a copy of such warrant to the person's last known address. (2) Upon request of the prosecuting attorney, the judge to whom the return of the tracking device search warrant is made may delay service of a copy of such warrant as provided in subsection (g) of this Code section. (g) The judge to whom the return of the tracking device search warrant is made may order a delay of service of a copy of such warrant on the person who was tracked or whose physical object was tracked. The judge shall enter such an order if the judge determines that there is reason to believe that notification of the tracking device search warrant may: (1) Endanger the life or physical safety of an individual; (2) Result in the flight of an individual from prosecution; (3) Lead to the destruction of or tampering with evidence; (4) Cause the intimidation of potential witnesses; (5) Seriously jeopardize an investigation; or (6) Unduly delay a trial.
17-5-44. Any district attorney having jurisdiction over the prosecution of a 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 such court shall be authorized to enter an order approving 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 monitoring of a pen register or trap and trace device shall be permitted in any location in this state.
17-5-45. Any peace officer, specially designated in writing for such purpose by the Attorney General or by a district attorney, who requires the installation and use of a pen register or a trap and trace device, before an order authorizing such installation and use can, with due diligence, be obtained, may have installed and use a pen register or trap and trace device if he or she reasonably determines that there are grounds upon which an order could be entered under the laws of the United States to authorize such installation and use if, within 48 hours of the time the pen register or trap and trace device is
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installed, an order approving the installation and use is issued in accordance with Code Section 17-5-44 and he or she reasonably determines that a situation exists that involves:
(1) Immediate danger of death or serious bodily injury to any individual; or (2) Conspiratorial activities characteristic of organized crime.
17-5-46. (a) Except only as provided in subsection (b) of this Code section, nothing in this part or Part 1 of Article 3 of Chapter 11 of Title 16 shall apply to a duly constituted peace officer in the performance of his or her official duties in ferreting out offenders or suspected offenders of the law or in secretly watching an individual suspected of violating the laws of this state, another state, or the United States, or any subdivision thereof, for the purpose of apprehending such suspected violator. (b) When in the course of his or her official duties, a peace officer who uses any device, when such use would otherwise constitute a violation of Code Section 16-1162, shall act in compliance with the provisions provided for in this part. (c) Upon written application, under oath, of the district attorney having jurisdiction over prosecution of a crime under investigation or the Attorney General made before a judge of superior court having jurisdiction over prosecution of a crime under investigation, such court may issue an investigation warrant permitting the use of a device for the surveillance of an individual or place to the extent the same is consistent with and subject to the terms, conditions, and procedures provided for under the laws of the United States. Such warrant shall have state-wide application and monitoring of communications shall be permitted in any location in this state. (d) Evidence obtained in conformity with this part shall be admissible only in the courts of this state having felony and misdemeanor jurisdiction. (e) A good faith reliance on a court order or legislative authorization shall constitute a complete defense to any civil or criminal action brought under this part or under any other law.
17-5-47. (a) As used in this Code section, the term 'emergency situation' means a situation that involves the immediate danger of death or serious bodily injury to any individual. (b) Notwithstanding any other provision of this part, in the event that the Attorney General or a district attorney of the judicial circuit having jurisdiction over an emergency situation determines that such emergency situation requires the immediate interception of wire communications, oral communications, or electronic communications or the immediate observation, monitoring, or recording of the activities of any individual involved in such emergency situation in violation of the provisions of Code Section 16-11-62 before an order authorizing such surveillance or monitoring can, with due diligence, be obtained, then any peace officer specifically designated by the individual making such determination may utilize any device to intercept the wire communications, oral communications, or electronic communications
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or to observe, monitor, or record the activities of the person or persons involved in such emergency situation, provided that grounds exist upon which an investigation warrant pursuant to Code Section 17-5-46 could be issued and that an application for such warrant is made within 48 hours after such surveillance or monitoring commences. (c) In the event that an application for an investigation warrant made pursuant to this Code section is granted, then the surveillance or monitoring shall be conducted in accordance with Code Section 17-5-46, except that such surveillance or monitoring shall continue only so long as the emergency situation exists. (d) In the event that an application for an investigation warrant made pursuant to this Code section is denied or in any event where the surveillance or monitoring is terminated without an investigation warrant having been issued, the contents of any intercepted communications or other surveillance effected pursuant to this Code section shall be confidential and shall not be disclosed or admissible in any court of this state except to prove violations of this part.
17-5-48. (a) Nothing in Code Section 16-11-62 shall prohibit an individual from intercepting a wire communication, oral communication, or electronic communication when such individual is a party to the communication or one of the parties to the communication has given prior consent to such interception. (b) In accordance with subsection (c) or (d) of this Code section, the wire communication, oral communication, or electronic communication to which a child under the age of 18 years is a party may be recorded and divulged, and such recording and dissemination may be done by a private citizen, law enforcement agency, or prosecuting attorney's office. Nothing in this subsection shall be construed to require that the recording device be activated by such child. The authorization for the recording or divulging of the conversations of a child under the age of 18 years conducted by wire communication, oral communication, or electronic communication shall be given only by order of a judge of a superior court upon written application, as provided in subsection (c) of this Code section, or by a parent, guardian, or legal custodian of such child as provided in subsection (d) of this Code section. Such recording shall not be used in any prosecution of the child in any delinquency or criminal proceeding. An application to a judge of the superior court made pursuant to this Code section need not comply with the procedures set forth in Code Section 17-546.
(c)(1) A judge to whom a written application has been made shall issue the order provided by subsection (b) of this Code section only upon:
(A) Finding probable cause that a crime has been committed; (B) Finding that the child understands that the conversation is to be recorded and that such child agrees to participate; and (C) Determining that participation is not harmful to such child.
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(2) A true and correct copy of the recording provided for in subsection (b) of this Code section shall be returned to the superior court judge who issued the order, and such copy of the recording shall be kept under seal until further order of the court. (d) The provisions of this article shall not be construed to prohibit a parent, guardian, or legal custodian of a child under 18 years of age, with or without the consent of such child, from monitoring or intercepting wire communications, oral communications, or electronic communications of such minor child with another person by use of an extension phone located within the family home, or electronic or other communications of such minor child from within the family home, for the purpose of ensuring the welfare of such minor child. If the parent, guardian, or legal custodian has a reasonable or good faith belief that such communication is evidence of criminal conduct involving such child as a victim or an attempt, conspiracy, or solicitation to involve such child in criminal activity affecting the welfare or best interest of such child, the parent, guardian, or legal custodian may disclose the contents of such communications to the district attorney or a peace officer. A recording or other record of any such communication made by a parent, guardian, or legal custodian in accordance with this subsection that contains evidence of criminal conduct involving such child as a victim or an attempt, conspiracy, or solicitation to involve such child in criminal activity shall be admissible in a judicial proceeding except as otherwise provided in subsection (b) of this Code section.
17-5-49. (a) No evidence obtained in a manner that violates this part shall be admissible in any court of this state except to prove violations of this part. (b) Nothing contained in this part shall permit the introduction into evidence of any communication which is privileged by the laws of this state or by the decisions of the appellate courts thereof. (c) Except as otherwise provided in subsection (f) of Code Section 17-5-42, any person violating this part 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 or a fine not to exceed $10,000.00, or both."
PART II WIRETAP CORRECTIONS
SECTION 2-1.
Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, is amended by revising Part 1, relating to wiretapping, eavesdropping, surveillance, and related offenses, as follows:
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"Part 1
16-11-60. As used within in this part, the term:
(1) 'Device' means an instrument or apparatus used for overhearing, recording, intercepting, or transmitting sounds or for observing, photographing, videotaping, recording, or transmitting visual images and which involves in its operation electricity, electronics, or infrared, laser, or similar beams. Without limiting the generality of the foregoing, the term 'device' shall specifically include any camera, photographic equipment, video equipment, or other similar equipment or any electronic, mechanical, or other apparatus which can be used to intercept a wire communication, oral communication, or electronic communication other than:
(A) Any telephone or telegraph instrument, equipment, or facility or any component thereof:
(i) Furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business; or (ii) Being used by a provider of wire or electronic communication service in the ordinary course of its business or by an investigative or law enforcement officer in the ordinary course of his or her duties; or (B) A hearing aid or similar device being used to correct subnormal hearing to not better than normal; and (C) Focusing, lighting, or illuminating equipment, or optical magnifying equipment; and (D) A 'pen register' or 'trap and trace device' as defined in this Code section. (2) 'Pen register' means a device or process which records or decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted; provided, however, that such information shall not include the contents of any communication; but such term does not include any device or process used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device or process used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course its business. (2) 'Electronic communication' shall have the same meaning as set forth in Code Section 17-5-20. (3) 'Electronic communication service' shall have the same meaning as set forth in Code Section 17-5-20. (4) 'Oral communication' shall have the same meaning as set forth in Code Section 17-5-20.
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(3)(5) 'Private place' means a place where one is entitled reasonably to expect to be safe from casual or hostile intrusion or surveillance there is a reasonable expectation of privacy. (4) 'Trap and trace device' means a device or process which captures the incoming electronic or other impulses which identify the originating number or other dialing, routing, addressing, and signaling information reasonably likely to identify the source of a wire or electronic communication; provided, however, that such information shall not include the contents of any communication. (6) 'Wire communication' shall have the same meaning as set forth in Code Section 17-5-20.
16-11-61. (a) It shall be unlawful for any person to be a 'peeping Tom' on or about the premises of another or to go about or upon the premises of another for the purpose of becoming a 'peeping Tom.' (b) As used in this Code section, the term 'peeping Tom' means a person who peeps through windows or doors, or other like places, on or about the premises of another for the purpose of spying upon or invading the privacy of the persons spied upon and the doing of any other acts of a similar nature which invade the privacy of such persons.
16-11-62. It shall be unlawful for:
(1) Any person in a clandestine manner intentionally to overhear, transmit, or record or attempt to overhear, transmit, or record the private conversation of another which shall originate in any private place; (2) Any person, through the use of any device, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view; provided, however, that it shall not be unlawful:
(A) To use any device to observe, photograph, or record the activities of persons incarcerated in any jail, correctional institution, or any other facility in which persons who are charged with or who have been convicted of the commission of a crime are incarcerated, provided that such equipment shall not be used while the prisoner is discussing his or her case with his or her attorney; (B) For an owner or occupier of real property to use for security purposes, crime prevention, or crime detection any device to observe, photograph, or record the activities of persons who are on the property or an approach thereto in areas where there is no reasonable expectation of privacy; or (C) To use for security purposes, crime prevention, or crime detection any device to observe, photograph, or record the activities of persons who are within the curtilage of the residence of the person using such device. A photograph, videotape, or record made in accordance with this subparagraph, or a copy thereof, may be disclosed by such resident to the district attorney or a law enforcement officer and
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shall be admissible in a judicial proceeding, without the consent of any person observed, photographed, or recorded; or (D) For a law enforcement officer or his or her agent to use a device in the lawful performance of his or her official duties to observe, photograph, videotape, or record the activities of persons that occur in the presence of such officer or his or her agent; (3) Any person to go on or about the premises of another or any private place, except as otherwise provided by law, for the purpose of invading the privacy of others by eavesdropping upon their conversations or secretly observing their activities; (4) Any person intentionally and secretly to intercept by the use of any device, instrument, or apparatus the contents of a message sent by telephone, telegraph, letter, or by any other means of private communication; (5) Any person to divulge to any unauthorized person or authority the content or substance of any private message intercepted lawfully in the manner provided for in Code Section 16-11-65 16-11-64 or 17-5-46; (6) Any person to sell, give, or distribute, without legal authority, to any person or entity any photograph, videotape, or record, or copies thereof, of the activities of another which occur in any private place and out of public view without the consent of all persons observed; or (7) Any person to commit any other acts of a nature similar to those set out in paragraphs (1) through (6) of this Code section which invade the privacy of another.
16-11-63. (a) Other than law enforcement officers permitted by this part to employ such devices, it shall be unlawful for any person to possess, sell, offer for sale, or distribute any eavesdropping device. (b) An 'eavesdropping device' shall mean any instrument or apparatus which by virtue of its size, design, and method of operation has no normal or customary function or purpose other than to permit the user thereof secretly to intercept, transmit, listen to, or record private conversations of others.
16-11-64. (a) Application of part to law enforcement officers. Except only as provided in subsection (b) of this Code section, nothing in this part shall apply to a duly constituted law enforcement officer in the performance of his official duties in ferreting out offenders or suspected offenders of the law or in secretly watching a person suspected of violating the laws of the United States or of this state, or any subdivision thereof, for the purpose of apprehending such suspected violator. (b) When in the course of his or her official duties, a law enforcement officer desiring to make use of any device, but only as such term is defined in Code Section 16-11-60, and such use would otherwise constitute a violation of Code Section 16-11-62, the law enforcement official shall act in compliance with the provisions provided for in this part.
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(c) Upon written application, under oath, of the 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, such court may issue an investigation warrant permitting the use of a device for the surveillance of a person or place to the extent the same is consistent with and subject to the terms, conditions, and procedures provided for by 18 U.S.C. Chapter 119. Such warrant shall have state-wide application and interception of communications shall be permitted in any location in this state. (d) Evidence obtained in conformity with this part shall be admissible only in the courts of this state having felony and misdemeanor jurisdiction. (e) Defenses. A good faith reliance on a court order or legislative authorization shall constitute a complete defense to any civil or criminal action brought under this part or under any other law.
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 such court 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.
16-11-64.2. Any investigative or law enforcement officer, specially designated in writing for such purpose by the Attorney General or by a district attorney, who reasonably determines that:
(1) An emergency situation exists that involves: (A) Immediate danger of death or serious bodily injury to any person; or (B) Conspiratorial activities characteristic of organized crime
that requires the installation and use of a pen register or a trap and trace device before an order authorizing such installation and use can, with due diligence, be obtained; and (2) There are grounds upon which an order could be entered under the laws of the United States to authorize such installation and use may have installed and use a pen register or trap and trace device if, within 48 hours of the time the pen register or trap and trace device is installed, an order approving the installation or use is issued in accordance with Code Section 16-11-64.1.
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16-11-64.3. (a) Notwithstanding any other provision of this part, in the event that the Attorney General or a district attorney of the judicial circuit having jurisdiction over the emergency situation described herein or where the observation, monitoring, or recording of the activities of any person may occur as provided in this subsection determines that:
(1) An emergency situation exists involving the immediate danger of death or serious physical injury to any person; (2) The said emergency situation requires the immediate interception of a wire, oral, or electronic communications or the immediate observation, monitoring, or recording of the activities of any person involved in said emergency situation in violation of the provisions of Code Section 16-11-62 before an order authorizing such interception or surveillance can, with due diligence, be obtained; and (3) There are grounds upon which an investigation warrant pursuant to Code Section 16-11-64 could be issued, then any investigative or law enforcement officer specifically designated by the prosecuting official making such determination may utilize any device as defined in Code Section 16-11-60 to intercept the wire, oral, or electronic communications or to observe, monitor, or record the activities of the person or persons involved in said emergency situation, provided that an application for an investigation warrant is made pursuant to Code Section 16-11-64 within 48 hours after said interception or surveillance commences. (b) In the event that an application for an investigation warrant made pursuant to this Code section is granted, then the interception or surveillance shall be conducted in accordance with the provisions of Code Section 16-11-64, except that said interception or surveillance shall continue only so long as the emergency situation exists. (c) In the event that an application for an investigation warrant made pursuant to this Code section is denied or in any event where the interception or surveillance is terminated without an investigation warrant having been issued, the contents of any intercepted communications or other surveillance effected pursuant to this Code section shall not be admissible in any court of this state except to prove violations of this part. The contents of any such intercepted communications or other surveillance effected pursuant to this Code section without an investigation warrant having been issued shall be confidential and shall not be disclosed except to prove violations of this part.
16-11-65. 16-11-64. (a) Nothing contained within Code Section 16-11-62 shall prohibit the employment and use of any equipment or device which is owned by any person or is furnished by any telephone company authorized to do business in this state under proper tariffs filed with and approved by the Georgia Public Service Commission which may be attached to any telephonic equipment of any user of or subscriber to such equipment which permits the interception of telephonic communications solely for the purposes of business service improvement when the user of or subscriber to such facilities and
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equipment has duly applied for and obtained from the Georgia Public Service Commission a license for the employment and installation of the equipment. No license shall be issued until the applicant has demonstrated to the commission a clear, apparent, and logically reasonable need for the use of the equipment in connection with a legitimate business activity of the user or subscriber and demonstrated to the satisfaction of the commission that it will be operated by persons of good moral character and that the equipment will be used in a lawful manner and in conformity with the tariffs filed for the equipment. The commission is authorized to establish the necessary procedures to be employed and followed in applying for such permits and to require from the user or subscriber of such equipment the furnishing of any reasonable information required by the commission in regard to the intended and actual use of the equipment. (b) The Georgia Public Service Commission is authorized to revoke any license and to order any owner of such equipment or any telephone company supplying such equipment to remove from the premises of the licensee the equipment when it is established to the satisfaction of the commission that the equipment is being used in an unlawful manner contrary to the tariff applicable to the equipment or in a manner contrary to the purposes and uses for which the license had been issued. Such licenses may also be revoked by the commission if it is subsequently discovered that a material misrepresentation of fact has been made in applying for the license. The commission is authorized to promulgate such rules and regulations in connection with the licensing and revocation thereof of such users of such equipment as will enable it to carry out the purposes, duties, and responsibilities imposed upon the commission by this Code section. Such rules and regulations shall afford to any aggrieved licensee an opportunity to a full and impartial hearing before the commission. The commission shall further have the authority to adopt any and all appropriate rules and regulations of any sort to ensure the privacy of telephonic and telegraphic communications. A violation of such rules and regulations shall be a violation of this part. (c) All telephone companies shall have printed in a conspicuously accessible location within their directories a notice to the public that there is available without cost at the business office of the telephone company served by the directory a list of subscribers of such equipment which will be made available to any member of the general public requesting the same from such companies. (d) The provisions of this part shall not apply to acts by duly authorized employees of any telephone company regulated by the Georgia Public Service Commission, with regard to the reasonable and limited intercepting of telephone communications under circumstances reasonably calculated to assure the privacy of telephone communications when such interception is accomplished solely for the purpose of maintaining the quality of service furnished to the public or for the purpose of preventing the unlawful use of telephone service. All such telephone companies shall adopt regulations and procedures consistent with the requirements of this Code section governing the use of equipment which permits the interception of telephone messages by their employees
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and file the same with the commission. After being filed with the commission, such regulations and procedures shall be public records.
16-11-66. (a) Nothing in Code Section 16-11-62 shall prohibit a person from intercepting a wire, oral, or electronic communication where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception. (b) After obtaining the consent required by this subsection, the telephonic conversations or electronic communications to which a child under the age of 18 years is a party may be recorded and divulged, and such recording and dissemination may be done by a private citizen, law enforcement agency, or prosecutor's office. Nothing in this subsection shall be construed to require that the recording device be activated by the child. Consent for the recording or divulging of the conversations of a child under the age of 18 years conducted by telephone or electronic communication shall be given only by order of a judge of a superior court upon written application, as provided in subsection (c) of this Code section, or by a parent or guardian of said child as provided in subsection (d) of this Code section. Said recording shall not be used in any prosecution of the child in any delinquency or criminal proceeding. An application to a judge of the superior court made pursuant to this Code section need not comply with the procedures set out in Code Section 16-11-64. (c) A judge to whom a written application has been made shall issue the order provided by subsection (b) of this Code section only:
(1) Upon finding probable cause that a crime has been committed; (2) Upon finding that the child understands that the conversation is to be recorded and that such child agrees to participate; and (3) Upon determining that participation is not harmful to such child. A true and correct copy of the recording provided for in subsection (b) of this Code section shall be returned to the superior court judge who issued the order and such copy of the recording shall be kept under seal until further order of the court. (d) The provisions of this article shall not be construed to prohibit a parent or guardian of a child under 18 years of age, with or without the consent of such minor child, from monitoring or intercepting telephonic conversations of such minor child with another person by use of an extension phone located within the family home, or electronic or other communications of such minor child from within the family home, for the purpose of ensuring the welfare of such minor child. If the parent or guardian has a reasonable or good faith belief that such conversation or communication is evidence of criminal conduct involving such child as a victim or an attempt, conspiracy, or solicitation to involve such child in criminal activity affecting the welfare or best interest of such child, the parent or guardian may disclose the content of such telephonic conversation or electronic communication to the district attorney or a law enforcement officer. A recording or other record of any such conversation or communication made by a parent or guardian in accordance with this subsection that contains evidence of criminal conduct involving such child as a victim or an attempt,
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conspiracy, or solicitation to involve such child in criminal activity shall be admissible in a judicial proceeding except as otherwise provided in subsection (b) of this Code section.
16-11-66.1. (a) A law enforcement officer, a prosecuting attorney, or the Attorney General may require the disclosure of stored wire or electronic communications, as well as transactional records pertaining thereto, to the extent and under the procedures and conditions provided for by the laws of the United States. (b) A provider of electronic communication service or remote computing service shall provide the contents of, and transactional records pertaining to, wire and electronic communications in its possession or reasonably accessible thereto when a requesting law enforcement officer, a prosecuting attorney, or the Attorney General complies with the provisions for access thereto set forth by the laws of the United States. (c) Search warrants for production of stored wire or electronic communications and transactional records pertaining thereto shall have state-wide application or application as provided by the laws of the United States when issued by a judge with jurisdiction over the criminal offense under investigation and to which such records relate. (d) A subpoena for the production of stored wire or electronic communications and transactional records pertaining thereto may be issued at any time upon a showing by a law enforcement official, a prosecuting attorney, or the Attorney General that the subpoenaed material relates to a pending criminal investigation. (e) Violation of this Code section shall be punishable as contempt.
16-11-67. 16-11-65. (a) No evidence obtained in a manner which violates this part shall be admissible in any court of this state except to prove violations of this part.
16-11-68. (b) Nothing contained in this part shall permit the introduction into evidence of any communication which is privileged by the laws of this state or by the decisions of the appellate courts thereof.
16-11-69. 16-11-66. Except as otherwise provided in subsection (d) of Code Section 16-11-66.1 16-11-67, any person violating this part 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 or a fine not to exceed $10,000.00, or both.
16-11-70. 16-11-67. (a) As used in this Code section, the term:
(1) 'End user' means any person, corporation, partnership, firm, municipality, cooperative, organization, governmental agency, building owner, or other entity
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provided with a telecommunications service for its own consumption and not for resale. (2)(1) 'Telephone record' means information retained by a telecommunications company that relates to the telephone number dialed by the customer, the number of telephone calls directed to a customer, or other data related to the telephone calls typically contained on a customer telephone bill, such as the time the calls started and ended, the duration of the calls, the time of day the calls were made, and any charges applied. For purposes of this Code section, any information collected and retained by, or on behalf of, customers utilizing caller identification or other similar technology does not constitute a telephone record. (3)(2) 'Telephone records broker' means any person or organization that is neither a telecommunications company nor a vendor or supplier for a telecommunications company obligated by contract to protect the confidentiality of telephone records and that purchases, acquires, sells, or releases the telephone record of any third party with whom it has no prior or existing business relationship or that attempts to purchase, acquire, sell, or release the telephone record of any party with whom it has no prior or existing business relationship. (b) It is shall be unlawful for any telephone records broker to purchase, acquire, sell, or release the telephone records of any person who is a Georgia resident or to attempt to purchase, acquire, sell, or release the telephone record of any third party who is a Georgia resident. This Code section applies shall apply whether the customer's telephone record is obtained by the telephone records broker directly from a telecommunications company or from any other third-party source. For purposes of this Code section, a person is a Georgia resident if the individual has a Georgia billing address. (c) A violation of any provision of this Code section shall be punishable by a civil fine in an amount not to exceed $10,000.00 for each violation. The prosecuting attorney or the Attorney General shall be authorized to prosecute the civil case. Each telephone record purchased, acquired, sold, or released and each attempt to purchase, acquire, sell, or release a telephone record constitutes a separate violation of this Code section. (d) Any violation of this Code section shall constitute a tort and shall create a right of action in the person or entity whose telephone records have been purchased, acquired, sold, or released for which damages may be recovered. Special damages may be inferred by the violation. Reasonable attorney's fees shall be awarded to the plaintiff where when the plaintiff has prevailed in the underlying action. (e) No provision of this Code section shall be construed to prevent any action by a law enforcement agency or any officer, employee, or agent of a law enforcement agency to obtain the telephone records or personal identifying information of any third party who is a Georgia resident in connection with the performance of the official duties of the agency, officer, employee, or agent."
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PART III ARREST POWER OF INVESTIGATORS IN DISTRICT ATTORNEY AND SOLICITOR-GENERAL OFFICES
SECTION 3-1.
Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, is amended by revising subsection (c) of Code Section 15-18-21, relating to qualifications of attorneys and investigators employed by the district attorney, as follows:
"(c) Any investigator employed by the district attorney's office and may, when authorized by the district attorney to and Article 4 of Chapter 11 of Title 16, carry weapons or to and exercise any of the powers of a peace officer of this state. Such investigator shall meet the requirements of Chapter 8 of Title 35 and shall serve at the pleasure of the district attorney."
SECTION 3-2. Said chapter is further amended by revising subsection (b) of Code Section 15-18-72, relating to qualifications of personnel, as follows:
"(b) Any investigator employed by the solicitor-general's office who is authorized by the solicitor-general and by Article 4 of Chapter 11 of Title 16, relating to firearms, to carry weapons or authorized by local law to may exercise any of the powers of a peace officer of this state. Such investigator shall meet the requirements of Chapter 8 of Title 35 and shall serve at the pleasure of the solicitor-general."
PART IV CROSS-REFERENCES
SECTION 4-1.
Code Section 2-2-11 of the Official Code of Georgia Annotated, relating to inspection warrants, is amended by revising paragraph (1) as follows:
"(1) The Commissioner commissioner or any person authorized to make inspections for the Commissioner commissioner shall make application for an inspection warrant to a person who is a judicial officer within the meaning of Code Section 17-5-21 as such term is defined in Code Section 17-5-1."
SECTION 4-2. Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the environmental protection division, is amended by revising paragraph (1) of subsection (d) as follows:
"(1) The director or any person authorized to make inspections for the division shall make application for an inspection warrant to a person who is a judicial officer within the meaning of Code Section 17-5-21 as such term is defined in Code Section 17-51."
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SECTION 4-3. Code Section 15-18-15 of the Official Code of Georgia Annotated, relating to the chief assistant district attorney, is amended by revising paragraph (2) of subsection (b) as follows:
"(2) If the district attorney will be temporarily absent from the judicial circuit such that he or she is not available to perform the duties of his or her office, the district attorney may authorize, in writing, the chief assistant district attorney to exercise any of the powers, duties, and responsibilities of the district attorney during such absence, including but not limited to such powers and duties as the district attorney may have pursuant to this title, Code Section 16-11-64, and Code Section Sections 17-5-46 and 24-5-507, and the laws of this state relating to the validation of bonds."
SECTION 4-4. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subparagraph (b)(1)(A) of Code Section 16-9-109, relating to disclosure by service providers pursuant to investigation, as follows:
"(A) Obtains a search warrant as provided in Part 1 of Article 2 of Chapter 5 of Title 17;"
SECTION 4-5. Said title is further amended by revising paragraph (1) of subsection (s) of Code Section 16-13-49, relating to forfeitures, as follows:
"(1) The court may receive and consider, in making any determination of probable cause or reasonable cause, all evidence admissible in determining probable cause at a preliminary hearing or by a magistrate pursuant to Article 1 Part 1 of Article 2 of Chapter 5 of Title 17, together with inferences therefrom;"
SECTION 4-6. Said title is further amended by revising paragraph (3) of subsection (c) of Code Section 16-13-60, relating to privacy and confidentiality, as follows:
"(3) To local, state, or federal law enforcement or prosecutorial officials pursuant to the issuance of a search warrant pursuant to Part 1 of Article 2 of Chapter 5 of Title 17; and"
SECTION 4-7. Code Section 27-4-263 of the Official Code of Georgia Annotated, relating to inspections, is amended by revising paragraph (1) of subsection (b) as follows:
"(1) Any application for an inspection warrant shall be made to a person who is a judicial officer within the meaning of Code Section 17-5-21 as such term is defined in Code Section 17-5-1;"
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SECTION 4-8. Code Section 49-4-146.3 of the Official Code of Georgia Annotated, relating to forfeiture of property and proceeds obtained through Medicaid fraud, is amended by revising paragraph (1) of subsection (s), as follow:
"(1) The court may receive and consider, in making any determination of probable cause or reasonable cause, all evidence admissible in determining probable cause at a preliminary hearing or by a magistrate pursuant to Article 1 Part 1 of Article 2 of Chapter 5 of Title 17, together with inferences therefrom; and"
PART V CROSS-REFERENCE AND DELAYED EFFECTIVE DATE
SECTION 5-1.
Code Section 2-15-14 of the Official Code of Georgia Annotated, relating to inspection of premises and warrant for inspection, is amended by revising paragraph (1) of subsection (b), as follows:
"(1) Any application for an inspection warrant shall be made to a person who is a judicial officer within the meaning of Code Section 17-5-21 as such term is defined in Code Section 17-5-1;"
PART VI ENHANCING WITNESS IDENTIFICATION ACCURACY
SECTION 6-1.
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by adding a new chapter to read as follows:
"CHAPTER 20
17-20-1. As used in this chapter, the term:
(1) 'Fillers' means individuals who are not suspects. (2) 'Law enforcement agency' means a governmental unit of one or more individuals employed full time or part time by the state, a state agency or department, or a political subdivision which performs as its principal function activities relating to preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority. (3) 'Live lineup' means an identification procedure in which a suspect and fillers are displayed in person to a witness. (4) 'Photo lineup' means an identification procedure in which a photograph of a suspect and photographs of fillers are displayed to a witness, either in hard copy form or via computer.
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(5) 'Showup' means an identification procedure in which a witness is presented with a single individual. (6) 'Suspect' means the individual believed by law enforcement to be the possible perpetrator of an alleged crime. (7) 'Witness' means an individual who observes an alleged crime.
17-20-2. (a) Not later than July 1, 2016, any law enforcement agency that conducts live lineups, photo lineups, or showups shall adopt written policies for using such procedures for the purpose of determining whether a witness identifies someone as the perpetrator of an alleged crime. (b) Live lineup, photo lineup, and showup policies shall include the following:
(1) With respect to a live lineup, having an individual who does not know the identity of the suspect conduct the live procedure; (2) With respect to a photo lineup, having an individual:
(A) Who does not know the identity of the suspect conduct the photo lineup; or (B) Who knows the identity of the suspect use a procedure in which photographs are placed in folders, randomly shuffled, and then presented to the witness so that the individual conducting such procedure cannot physically see which photograph is being viewed by the witness until the procedure is complete; (3) Providing the witness with instruction that the perpetrator of the alleged crime may or may not be present in the live lineup or photo lineup; (4) Composing a live lineup or photo lineup so that the fillers generally resemble the witness's description of the perpetrator of the alleged crime; (5) Using a minimum of four fillers in a live lineup and a minimum of five fillers in a photo lineup; and (6) Having the individual conducting a live lineup, photo lineup, or showup seek and document, at the time that an identification of an individual or photograph is made, and in the witness's own words without necessarily referencing a numeric or percentage standard, a clear statement from the witness as to the witness's confidence level that the individual or photograph identified is the individual or photograph of the individual who committed the alleged crime. (c) All law enforcement agency written policies adopted pursuant to this Code section shall be subject to public disclosure and inspection notwithstanding any provision to the contrary in Article 4 of Chapter 18 of Title 50.
17-20-3. The court may consider the failure to comply with the requirements of this chapter with respect to any challenge to an identification; provided, however, that such failure shall not mandate the exclusion of identification evidence."
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PART VII EFFECTIVE DATE, APPLICABILITY, AND REPEALER
SECTION 7-1.
(a) Except as provided in subsections (b) and (c) of this section, this Act shall become effective on July 1, 2015, and shall apply to all offenses that occur on and after that date. This Act shall not affect any investigation or prosecution for acts occurring before July 1, 2015, and shall not act as an abatement of any such prosecutions. Any evidence obtained in accordance with the former provisions of Articles 1 and 2 of Chapter 5 of Title 17 and Part 1 of Article 3 of Chapter 11 of Title 16 shall be admissible in any civil or criminal proceeding commenced on or after July 1, 2015. (b) Part V of this Act shall become effective only upon the effective date of a specific appropriation of funds for purposes of Chapter 15 of Title 2 as expressed in a line item of an appropriations Act enacted by the General Assembly. (c) Part VI of this Act shall become effective on July 1, 2016.
SECTION 7-2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Efstration of the 104th, Cooper of the 43rd, and Golick of the 40th offer the following amendment:
Amend the House Committee on Judiciary, Non-civil substitute to SB 94 (LC 29 6596ERS) by revising lines 12 through 14 as follows: to amend Code Sections 2-2-11, 2-15-14, 12-2-2, 15-18-15,
By deleting lines 1012 through 1031.
By redesignating Sections 4-1 through 4-8 as Sections 3-1 through 3-8, respectively.
By redesignating Parts V through VII as Parts IV through VI, respectively.
By redesignating Section 5-1 as Section 5-2.
By redesignating Section 6-1 as Section 5-1.
By redesignating Sections 7-1 and 7-2 as Sections 6-1 and 6-2, respectively.
By replacing "V" with "IV" on line 1165.
By replacing "VI" with "V" on line 1168.
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The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Bell Y Belton E Bennett E Bentley N Benton Y Beskin Y Beverly Y Broadrick Y Brockway N Brooks Y Bruce Y Bryant Y Buckner Y Burns N Caldwell, J N Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler N Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson N Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan N Ealum Y Efstration N Ehrhart Y England Y Epps Y Evans Y Fleming N Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon N Gravley Y Greene Y Hamilton
E Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower N Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson Y Jacobs N Jasperse Y Jones, J Y Jones, J.B. E Jones, L E Jones, S Y Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin E Martin Y Maxwell N Mayo N McCall Y McClain
Y Meadows Y Mitchell N Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake N Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger N Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice N Roberts Y Rogers, C E Rogers, T N Rutledge N Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M
Stephens, R Y Stephenson Y Stovall N Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner N Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 137, nays 29.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
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SB 72.
By Senators Mullis of the 53rd, Harper of the 7th, Watson of the 1st, Albers of the 56th, Seay of the 34th and others:
A BILL to be entitled an Act to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to provide a measure of equivalency in the punishment of crimes committed against police dogs in the performance of their official duties as to that of peace officers; to provide a short title; 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 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change provisions relating to the relationships between relatives which constitute incest; to change the offense of harassing phone calls to the offense of harassing communications; to provide for penalties; to provide for venue; to provide for exceptions; to change provisions relating to destroying or injuring a police dog or police horse; to provided for definitions; to create degrees of an offense relating to harming law enforcement animals; to provide for exceptions; to provide for the necropsy of law enforcement animals killed in the performance of official duties; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subsection (a) of Code Section 16-6-22, relating to incest, as follows:
"(a) A person commits the offense of incest when such person engages in sexual intercourse or sodomy, as such term is defined in Code Section 16-6-2, with a person whom he or she knows he or she is related to either by blood or by marriage as follows:
(1) Father and child or stepchild; (2) Mother and child or stepchild; (3) Siblings of the whole blood or of the half blood; (4) Grandparent and grandchild of the whole blood or of the half blood; (5) Aunt and niece or nephew of the whole blood or of the half blood; or (6) Uncle and niece or nephew of the whole blood or of the half blood."
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PART II SECTION 2-1.
Said title is further amended by revising Code Section 16-11-39.1, relating to harassing phone calls, as follows:
"16-11-39.1. (a) A person commits the offense of harassing phone calls communications if such person telephones:
(1) Contacts another person repeatedly via telecommunication, e-mail, text messaging, or any other form of electronic communication, whether or not conversation ensues, for the purpose of annoying, harassing, or molesting, threatening, or intimidating another such person or the family of such other person; uses over the telephone language threatening (2) Threatens bodily harm via telecommunication, e-mail, text messaging, or any other form of electronic communication; telephones (3) Telephones another person and intentionally fails to hang up or disengage the connection; or knowingly (4) Knowingly permits any telephone device used for telecommunication, e-mail, text messaging, or any other form of electronic communication under such person's control to be used for any purpose prohibited by this subsection. (b) Any person who commits the offense of harassing phone calls communications shall be guilty of a misdemeanor. (c) The offense of harassing communications shall be considered to have been committed in the county where: (1) The defendant was located when he or she placed the telephone call or transmitted, sent, or posted an electronic communication; or (2) The telephone call or electronic communication was received. (d) Any violation of this Code section shall constitute a separate offense and shall not merge with any other crimes set forth in this title. (e) This Code section shall not apply to constitutionally protected speech."
PART III SECTION 3-1.
This part of this Act shall be known and may be cited as "Tanja's Law."
SECTION 3-2. Said title is further amended by revising subsection (e) of Code Section 16-5-23, relating to simple battery, as follows:
"(e) Any person who commits the offense of simple battery against a police officer, law enforcement dog, correction officer, or detention officer engaged in carrying out official duties shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature."
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SECTION 3-3.
Said title is further amended by revising Code Section 16-11-107, relating to destroying or injuring a police dog or police horse, as follows:
"16-11-107. (a) As used in this Code section, the term:
(1) 'Accelerant detection dog' means a dog trained to detect hydrocarbon substances. (2) 'Bomb detection dog' means a dog trained to locate bombs or explosives by scent. (2.1) 'Dangerous weapon' shall have the same meaning as provided for in Code Section 16-11-121. (2.2) 'Firearm' means any handgun, rifle, shotgun, stun gun, taser, or dangerous weapon. (3) 'Firearms detection dog' means a dog trained to locate firearms by scent. (3.1) 'Knowingly' means having knowledge that an animal is a law enforcement animal. (3.2) 'Law enforcement animal' means a police dog, police horse, or any other animal trained to support a peace officer, fire department, or the state fire marshal in performance of law enforcement duties. (4) 'Narcotic detection dog' means a dog trained to locate narcotics by scent. (5) 'Narcotics' means any controlled substance as defined in paragraph (4) of Code Section 16-13-21 and shall include marijuana as defined by paragraph (16) of Code Section 16-13-21. (6) 'Patrol dog' means a dog trained to protect a peace officer and to apprehend or hold without excessive force a person in violation of the criminal statutes of this state. (6.1) 'Performance of its duties' means performing law enforcement, fire department, or state fire marshal duties as trained. (7) 'Police dog' means a bomb detection dog, a firearms detection dog, a narcotic detection dog, a patrol dog, an accelerant detection dog, or a tracking dog used by a law enforcement agency. Such term 'Police dog' also means a search and rescue dog. (8) 'Police horse' means a horse trained to transport, carry, or be ridden by a law enforcement officer and used by a law enforcement agency. (8.1) 'Search and rescue dog' means any dog that is owned or the services of which are employed by a fire department or the state fire marshal for the principal purpose of aiding in the detection of missing persons, including but not limited to persons who are lost, who are trapped under debris as a result of a natural or manmade disaster, or who are drowning victims. (9) 'Tracking dog' means a dog trained to track and find a missing person, escaped inmate, or fleeing felon. (b) Any person who knowingly and intentionally destroys or causes serious or debilitating physical injury to a police dog or police horse, knowing said dog to be a police dog or said horse to be a police horse, 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, or a fine not to exceed $10,000.00, or both. This subsection shall not apply to the destruction of a police dog or police horse for humane purposes.
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(b) A person commits the offense of harming a law enforcement animal in the fourth degree when he or she knowingly and intentionally causes physical harm to such law enforcement animal while such law enforcement animal is in performance of its duties or because of such law enforcement animal's performance of its duties. Any person convicted of a violation of this subsection shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by imprisonment not to exceed 12 months, a fine not to exceed $5,000.00, or both. (c) A person commits the offense of harming a law enforcement animal in the third degree when he or she knowingly and intentionally and with a deadly weapon causes, or with any object, device, instrument, or body part which, when used offensively against such law enforcement animal, is likely to or actually does cause, serious physical injury to such law enforcement animal while such law enforcement animal is in performance of its duties or because of such law enforcement animal's performance of its duties. Any person convicted of a violation of this subsection shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by imprisonment for not less than six nor more than 12 months, a fine not to exceed $5,000.00, or both. (d) A person commits the offense of harming a law enforcement animal in the second degree when he or she knowingly and intentionally shoots a law enforcement animal with a firearm or causes debilitating physical injury to a law enforcement animal while such law enforcement animal is in performance of its duties or because of such law enforcement animal's performance of its duties. Any person convicted of a violation of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years, a fine not to exceed $25,000.00, or both. (e) A person commits the offense of harming a law enforcement animal in the first degree when he or she knowingly and intentionally causes the death of a law enforcement animal while such law enforcement animal is in performance of its duties or because of such law enforcement animal's performance of its duties. Any person convicted of a violation of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than 18 months nor more than five years, a fine not to exceed $50,000.00, or both. (f) In addition to any other penalty provided for under this Code section, any person convicted of a violation under this Code section shall pay restitution to the law enforcement agency, fire department, or the state fire marshal which is the owner of, or which owned, such law enforcement animal in the amount of associated veterinary expenses incurred in the treatment of such law enforcement animal pursuant to Article 1 of Chapter 14 of Title 17; provided, however, that if such law enforcement animal died or is no longer able to engage in performance of its duties as a result of a violation of this Code section, the amount paid in restitution shall additionally include the amount of the actual replacement value of the law enforcement animal, which shall include the value of an animal to replace the law enforcement animal and all costs associated with training such animal and its handler or handlers.
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(g) Nothing in this Code section shall prohibit the killing or euthanasia of a law enforcement animal for humane purposes. (h) Nothing in this Code section shall prohibit the defense of a person against a law enforcement animal that attacks such person without or in spite of commands given by its handler. (i) The Division of Forensic Sciences of the Georgia Bureau of Investigation shall perform forensic pathology services upon any law enforcement animal whose death occurred while in performance of its duties or because of such law enforcement animal's performance of its duties."
PART IV 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 N Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton E Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns
Caldwell, J Y Caldwell, M Y Cantrell
Carson Y Carter Y Casas
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Gardner Y Gasaway
E Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley E Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L E Jones, S Y Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C E Rogers, T
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 Tankersley Y Tanner
Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson
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Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman Y Cooke
E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Mabra Y Marin E Martin Y Maxwell Y Mayo Y McCall Y McClain
N Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sims
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 155, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 170. By Representatives Roberts of the 155th, Burns of the 159th, Hamilton of the 24th, England of the 116th, Hatchett of the 150th and others:
A BILL to be entitled an Act to amend various provisions of the O.C.G.A., so as to provide for additional revenue necessary for funding transportation purposes in this state; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic; to amend Chapter 12 of Title 45 of the O.C.G.A., relating to the Governor, so as to limit the Governor's power to suspend the collection of certain motor fuel taxes and require ratification by the General Assembly; to amend Title 48 of the O.C.G.A., relating to revenue and taxation; to amend Part 3 of Article 2 of Chapter 10 of Title 32 of the O.C.G.A., the "Georgia Transportation Infrastructure Bank Act," so as to provide new criteria for determination of eligible projects by the Transportation Infrastructure Bank; to provide for a short title; 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 various provisions of the Official Code of Georgia Annotated so as to provide for additional revenue necessary for funding transportation purposes in this state; to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the Special Joint Committee on Georgia Revenue Structure; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to require an annual report from the Department of Transportation; to provide for payment of certain liabilities of the Department of Transportation; to amend
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Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to levy a registration fee on alternative fueled vehicles; to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to limit the Governor's power to suspend the collection of certain motor fuel taxes and require ratification by the General Assembly; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to reduce the state income tax credits for low-emission vehicles to zero; to provide an income tax credit for local sales taxes paid on motor fuel; to provide for the elimination of state sales and use taxes with respect to certain sales of motor fuels; to revise the exemption from sales and use taxes for jet fuel and certain tax holidays; to provide for revised definitions of certain terms relating to prepaid motor fuel taxes; to provide a limit on local sales taxes on motor fuels; to change the rate and method of computation of the excise tax on motor fuels; to repeal the second motor fuel tax; to provide for editorial revision; to provide for a state fee on rental motor vehicles; to amend Part 3 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, the "Georgia Transportation Infrastructure Bank Act," so as to provide revised criteria for determination of eligible projects by the Transportation Infrastructure Bank; to provide for a short title; 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 SECTION 1-1.
This Act shall be known and may be cited as the "Transportation Funding Act of 2015."
SECTION 1-2. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by adding a new chapter to read as follows:
"CHAPTER 12
28-12-1. (a) There is created the Special Joint Committee on Georgia Revenue Structure which shall consist of 12 members as follows:
(1) The President Pro Tempore of the Senate and the Speaker Pro Tempore of the House of Representatives; (2) The majority leader of the Senate and the majority leader of the House of Representatives; (3) The minority leader of the Senate and the minority leader of the House of Representatives;
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(4) The chairpersons of the Senate Finance Committee and the House Committee on Ways and Means; (5) Two members of the Senate to be appointed by the President of the Senate, one from the majority party and one from the minority party; and (6) Two members of the House of Representatives to be appointed by the Speaker of the House of Representatives, one from the majority party and one from the minority party. (b) The Special Joint Committee on Georgia Revenue Structure shall elect two persons, one Senator and one Representative, to serve as co-chairpersons of the special joint committee.
28-12-2. (a) The Special Joint Committee on Georgia Revenue Structure created in Code Section 28-12-1 shall during the 2016 legislative session cause to be introduced in the House of Representatives one or more bills or resolutions relating to tax reform, and such legislation shall, after its introduction, be referred directly and only to the special joint committee. (b) If the special joint committee recommends that one or more bills or resolutions referred to it do pass or do pass by committee substitute, the measure or measures recommended by the special joint committee shall then be in order for consideration only by the House of Representatives at any time fixed by the Speaker of the House of Representatives. Any such bill or resolution shall be reported directly to the floor of the House of Representatives and shall receive an up or down vote as reported from the special joint committee without amendment. (c) If one or more bills or resolutions referred by the special joint committee are passed by the House of Representatives, the measure or measures shall then be in order for consideration only by the Senate at any time fixed by the President of the Senate. Any such bill or resolution shall be reported directly to the floor of the Senate and shall receive an up or down vote as reported from the House of Representatives without amendment. (d) Any bills or resolutions considered as provided for in this Code section shall be read three times on three separate days in each house and shall be considered in compliance with all other requirements of the Constitution. (e) The rules of the Senate and the House of Representatives for the 2016 legislative session may, as adopted or as amended, contain such provisions as may be necessary or appropriate to comply with the legislative process specified by this Code section.
28-12-3. This chapter shall stand repealed by operation of law on July 1, 2016."
PART II SECTION 2-1.
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Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by adding a new Code section to read as follows:
"32-5-27.1. (a) In addition to the requirements contained in Code Section 32-5-27, the department shall annually prepare and submit to the General Assembly, for approval by the Senate Transportation Committee and the House Committee on Transportation, a ten-year strategic plan that outlines the use of department resources for the upcoming fiscal years. The plan shall categorize and prioritize the specific projects within each category and the percentage of resources to be expended in each of the following areas:
(1) Construction of new highway projects; (2) Maintenance of existing infrastructure; (3) Bridge repairs and replacement; (4) Safety enhancements; and (5) Administrative expenses. (b) Such plan shall also detail the source of the revenue dedicated to each category listed in subsection (a) of this Code section. (c) Priority shall be given to expenditure of available resources for maintenance, expansion, and improvement of highway infrastructure in the areas of this state most impacted by traffic congestion and to areas of this state in need of highway infrastructure to aid in attracting economic development to the area. (d) Such plan shall also bring forward all efficiencies found within the bureaucracy of the Department and how those funds have been redirected to road construction".
SECTION 2-2. Said title is further amended by adding a new Code section to read as follows:
"32-5-32. It is the intention of the General Assembly, subject to appropriations, to make available to the department on an annual basis $250 million to be used exclusively for payment of any debt service the department has accrued. It is further the intention of the General Assembly that this investment will allow the department to allocate more of the proceeds from the motor fuel tax to building and maintaining roads and bridges throughout this state."
PART III SECTION 3-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising paragraph (7) of subsection (l) of Code Section 40-2-86.1, relating to certain special license plates, as follows:
"(7)(A) A special license plate to be issued for alternative fueled vehicles, which license plate shall be similar in design to the license plate issued to all other residents of the this state except that the commissioner shall place a distinctive logo or emblem on the license plate which shall distinguish the vehicle as an alternative
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fueled vehicle eligible to travel in travel lanes designated for such vehicles under paragraph (4) of subsection (a) of Code Section 32-9-4. The words 'alternative fueled vehicle' shall be imprinted on such special license plate in lieu of the county name decal. The funds raised by the sale of this license plate shall be deposited in the general fund. (B) As used in this paragraph, the term:
(i) 'Alternative fuel' means methanol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more or such other percentage, but not less than 70 percent, as determined by the United States secretary of energy, by rule as it existed on January 1, 1997, to provide for requirements relating to cold start, safety, or vehicle functions, by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal derived liquid fuels; fuels other than alcohol derived from biological materials; electricity including electricity from solar energy; and any other fuel the United States secretary of energy determined by rule as it existed on January 1, 1997, is substantially not petroleum and would yield substantial energy security benefits and substantial environmental benefits electricity, natural gas, and propane. (ii) 'Alternative fueled vehicle' means: (I) Any any vehicle fueled solely by alternative fuel as defined in division (i) of this subparagraph, bi-fuel, or dual fuel; or
(II) A hybrid vehicle, which means a motor vehicle which draws propulsion energy from onboard sources of stored energy which include an internal combustion or heat engine using combustible fuel and a rechargeable energy storage system; and, in the case of a passenger automobile or light truck, means for any 2000 and later model, a vehicle which has received a certificate of conformity under the Clean Air Act, 42 U.S.C. Section 7401, et seq., and meets or exceeds the equivalent qualifying California low-emission vehicle standard under Section 243(e)(2) of the Clean Air Act, 42 U.S.C. Section 7583(c)(2), for that make and model year or, for any 2004 and later model, a vehicle which has received a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the administrator of the Environmental Protection Agency under Section 202(i) of the Clean Air Act, 42 U.S.C. Section 7521(i), for that make and model year vehicle and which achieves a composite label fuel economy greater than or equal to 1.5 times the Model Year 2002 EPA composite class average for the same vehicle class and which is made by a manufacturer. (C) Pursuant to paragraph (19) of subsection (a) of Code Section 40-2-151, the applicant for a special license plate for any alternative fueled vehicle shall provide proof that he or she has paid the registration fee prescribed therein prior to the issuance of any special license plate under this paragraph."
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SECTION 3-2. Said title is further amended by revising the introductory language of and adding a new paragraph to subsection (a) of Code Section 40-2-151, relating to the annual license fees for the operation of vehicles, to read as follows:
"(a) The In conjunction with the payment of highway user impact fees pursuant to Code Section 40-2-151.1, the annual fees for the licensing of the operation of vehicles shall be as follows for each vehicle registered:"
"(19)(A)(i) Upon registration of an alternative fueled vehicle not operated for commercial purposes ................................................................ 200.00
(ii) Upon registration of an alternative fueled vehicle operated for commercial purposes ....................................................................................... 300.00
(B)(i) As used in this paragraph, the term 'alternative fueled vehicle' shall have the same meaning as in division (l)(7)(B)(ii) of Code Section 40-2-86.1; provided, however, that the fees in this paragraph shall not be assessed on vehicles which operate primarily on compressed natural gas, liquefied natural gas, or liquefied petroleum gas. (ii) The fees in this paragraph shall be in addition to any other fee imposed on the vehicle by this Code section. (iii) The fees in this paragraph shall be automatically adjusted on an annual basis by multiplying the percentage of increase or decrease in a given year in the Consumer Price Index by the current fee. The resulting calculation shall be added to the fees assessed by this paragraph. The first adjustment shall be calculated and implemented on July 1, 2016."
PART IV SECTION 4-1.
Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, is amended by revising Code Section 45-12-22, relating to the Governor's authority to suspend the collection of taxes, as follows:
"45-12-22. (a) Except as provided in subsection (b) of this Code section, the The Governor may suspend the collection of taxes, or any part thereof, due the state until the meeting of the next General Assembly but no longer; but he or she shall not otherwise interfere with the collection of taxes. (b) Unless there has been a state of emergency declaration by the Governor, the Governor shall not suspend or modify in any manner the collection of any rate of state motor fuel under Code Section 48-9-3 as it applies to sales of motor fuel and aviation gasoline as such terms are defined in Code Section 48-9-2. Any suspension or modification of any rate of state motor fuel taxes under this subsection by the Governor shall be effective only until the next meeting of the General Assembly which must ratify such suspension or modification by a two-thirds' vote of both chambers. In the
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event the General Assembly fails to ratify the Governor's actions, state motor fuel taxes under this subsection shall be collected at the rate specified absent such suspension or modification and any amounts unpaid due to such suspension or modification shall be collected using such rate."
PART V SECTION 5-1.
Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising subsection (b) of Code Section 48-7-40.16, relating to state income tax credits for low-emission vehicles, as follows:
"(b)(1) A tax credit is allowed against the tax imposed under this article to a taxpayer for the purchase or lease of a new low-emission vehicle or new zero emission vehicle that is registered in the State of Georgia. The amount of the credit shall be:
(1)(A) For any new low-emission vehicle, 10 percent of the cost of such vehicle or $2,500.00, whichever is less; and (2)(B) For any new zero emission vehicle, 20 percent of the cost of such vehicle or $5,000.00, whichever is less. (2) For any new low-emission vehicle or new zero emission vehicle purchased or leased on or after July 1, 2015, the amount of the credit shall be $0.00."
SECTION 5-1A. Said title is further amended by adding a new Code section to read as follows:
"48-7-40.31. (a) As used in this Code section, the term:
(1) 'Diesel fuel' means a fuel oil as defined under paragraph (6) of Code Section 489-2 used to propel a qualified motor vehicle on the public highways. (2) 'Local sales and use taxes' 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, known as the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; or by or pursuant to Article 2, 2A, 3, or 4 of Chapter 8 of this title. (3) 'Qualified motor carrier' means any person who operates or causes to be operated any qualified motor vehicle on any highway in this state and during the taxable year for which the credit under this Code section is claimed was a licensee holding a valid, uncanceled license issued by a base jurisdiction. The terms 'licensee,' 'license,' and 'base jurisdiction' as used in this Code section shall have the same meaning as those terms are defined under the International Fuel Tax Agreement, as amended. (4) 'Qualified motor vehicle' means a motor vehicle used, designed, or maintained for transportation of persons or property and:
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(A) Having two axles and a gross vehicle weight or registered gross vehicle weight exceeding 26,000 pounds or 11,797 kilograms; (B) Having three or more axles regardless of weight; or (C) Used in combination, when the weight of such combination exceeds 26,000 pounds or 11,797 kilograms gross vehicle or registered gross vehicle weight. The qualified motor vehicle must also have a valid license and proper vehicle identification markers, including decals, issued pursuant to the International Fuel Tax Agreement, as amended, properly affixed to the motor vehicle. The term 'qualified motor vehicle' does not include recreational vehicles as defined under the International Fuel Tax Agreement, as amended. (b) For taxable years beginning on or after January 1, 2016, any qualified motor carrier subject to the road tax under Code Section 48-9-31 and subject to the road tax reporting requirements under the International Fuel Tax Agreement, as amended, shall be entitled to a credit against the tax imposed under this chapter equivalent to the amount of local sales and use taxes on diesel fuel purchased and placed in the supply tank of a qualified motor vehicle by the qualified motor carrier within this state during the taxable year for use in operations either within or outside this state when the local sales and use taxes imposed in this state have been paid by the qualified motor carrier, and where such purchases of diesel fuel were reported as tax paid gallons on the qualified motor carrier's motor fuel tax returns submitted under the International Fuel Tax Agreement, as amended. Evidence of the payments of the local sales and use taxes in the form required by the commissioner shall be furnished by each qualified motor carrier claiming the credit allowed. (c) In no event shall the amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused credit amount shall be allowed to be carried forward for five years from the close of the taxable year in which the purchase of diesel fuel occurred. No such credit shall be allowed the taxpayer against prior years' tax liability. (d) No credit shall be allowed under this Code section with respect to any amount deducted from taxable net income by the taxpayer. (e) The commissioner may promulgate any rules and regulations necessary to implement and administer this Code section."
SECTION 5-2. Said title is further amended by revising paragraphs (23) and (24) of Code Section 48-82, relating to definitions regarding state sales and use taxes, as follows:
"(23) 'Prepaid local tax' means any local sales and use tax which is levied on the sale or use of motor fuel and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, known as the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; or by or pursuant to Article 2, 2A, 3, or 4 of this chapter. Such tax is based on the same average retail
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sales price as set forth in subparagraph (b)(2)(B) of Code Section 48-9-14 as compiled by the Energy Information Agency of the United States Department of Energy, the Oil Pricing Information Service, or a similar reliable published index less taxes imposed under Code Section 48-9-3 and all local sales and use or excise taxes levied on motor fuel. Such price shall be used to compute the prepaid sales tax rate for local jurisdictions by multiplying such retail price by the applicable rate imposed by the jurisdiction. The person collecting and reporting the prepaid local tax for the local jurisdiction shall provide a schedule as to which jurisdiction these collections relate. This determination shall be based upon the shipping papers of the conveyance that delivered the motor fuel to the dealer or consumer in the local jurisdiction. A seller may rely upon the representation made by the purchaser as to which jurisdiction the shipment is bound and prepare shipping papers in accordance with those instructions. (24) 'Prepaid state tax' means the tax levied under Code Section 48-8-30 in conjunction with Code Section 48-8-3.1 and Code Section 48-9-14 on the retail sale of motor fuels for highway use and collected prior to that retail sale. This tax is based upon the average retail sales price as set forth in Code Section 48-9-14 Reserved."
SECTION 5-3. Said title is further amended by revising paragraphs (33.1), (75), and (82) of Code Section 48-8-3, relating to exemptions from state sales and use taxes, as follows:
"(33.1)(A) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport, to the extent provided in subparagraphs (B) and (C) of this paragraph.
(B)(i) For the period of time beginning July 1, 2011, and ending June 30, 2012, the sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall be exempt from state sales and use tax until the aggregate state sales and use tax liability of the taxpayer during such period with respect to jet fuel exceeds $20 million, computed as if the exemption provided in this division was not in effect during such period. Thereafter during such period, the exemption provided by this division shall not apply to the sale or use of jet fuel to or by the qualifying airline. For purposes of this division, the terms 'qualifying airline' and 'qualifying airport' shall have the same meanings as those terms were defined under the prior provisions of this paragraph as it existed immediately prior to July 1, 2012. (ii) For the period of time beginning July 1, 2012, and ending on June 30, 2015, the sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall be exempt from 1 percent of the 4 percent state sales and use tax. (C) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall be exempt at all times from the sales or use tax levied and imposed as authorized pursuant to Part 1 of Article 3 of this chapter. As used in this subparagraph, the term 'qualifying airport' means any airport in this state that has had more than 750,000 takeoffs and landings during a calendar year, and the term 'qualifying airline' shall have the same meaning as set forth in subparagraph (E) of this paragraph.
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(D) Except as provided for in subparagraph (C) of this paragraph, this exemption shall not apply to any other local sales and use tax levied or imposed at any time in any area consisting of less than the entire state, however authorized, not to exceed the rate at which such taxes were levied as of January 1, 2014, including, but not limited to, such taxes authorized by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' or such taxes as authorized by or pursuant to Part 2 of Article 3 or Article 2, 2A, or 4 of this chapter. (E) For purposes of division (ii) of subparagraph (B) of this paragraph and paragraph (2) of subsection (d) of Code Section 48-8-241, a 'qualifying airline' shall mean any person which is authorized by the Federal Aviation Administration or appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. (F) For purposes of division (ii) of subparagraph (B) of this paragraph and paragraph (2) of subsection (d) of Code Section 48-8-241, the term 'qualifying airport' means a certificated air carrier airport in Georgia. (G) On or after July 1, 2017, revenue derived from the levy of sales and use taxes on jet fuel shall be used for a state aviation program or airport related purposes to the extent required to comply with 49 U.S.C. Sections 47107(b) and 47113. Any portion of such revenue so derived which is in excess of the amount required for purposes of such compliance with federal law may be appropriated by the General Assembly for other purposes. (G)(H) The commissioner shall adopt rules and regulations to carry out the provisions of this paragraph;" "(75)(A) The sale of eligible property. The exemption provided by this paragraph applies only to sales occurring during periods:
(i) Commencing at 12:01 A.M. on August 1, 2014, and concluding at 12:00 Midnight on August 2, 2014; and (ii) Commencing at 12:01 A.M. on July 31, 2015, and concluding at 12:00 Midnight on August 1, 2015. (B) As used in this paragraph, the term: (i) 'Clothing' means all human wearing apparel suitable for general use and includes footwear. The term 'clothing' excludes belt buckles sold separately; costume masks sold separately; patches and emblems sold separately; sewing equipment and supplies, including but not limited to knitting needles, patterns, pins, scissors, sewing machines, sewing needles, tape measures, and thimbles; sewing materials that become part of clothing, including but not limited to buttons, fabric, lace, thread, yarn, and zippers; and clothing accessories or equipment. (ii) 'Clothing accessories or equipment' means incidental items worn on the person or in conjunction with clothing.
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(iii) 'Computer' means an electronic device that accepts information in digital or similar form and manipulates it for a result based on a sequence of instructions. The term 'computer' excludes cellular phones. (iv) 'Computer software' means a set of coded instructions designed to cause a computer or automatic data processing equipment to perform a task. (v) 'Eligible property' means:
(I) Articles of clothing with a sales price of $100.00 or less per item; (II) Computers, computer components, and prewritten computer software purchased for noncommercial home or personal use with a sales price of $1,000.00 or less per item; and (III) School supplies, school art supplies, school computer supplies, and school instructional materials purchased for noncommercial use with a sales price of $20.00 or less per item. (vi) 'Prewritten computer software' means computer software, including prewritten upgrades, which is not designed and developed by the author or other creator to the specifications of a specific purchaser. The combining of two or more prewritten computer software programs or prewritten portions thereof does not cause the combination to be other than prewritten computer software. Prewritten computer software includes software designed and developed by the author or other creator to the specifications of a specific purchaser when it is sold to a person other than the specific purchaser. Where a person modifies or enhances computer software of which the person is not the author or creator, the person shall be deemed to be the author or creator only of such person's modifications or enhancements. Prewritten computer software or a prewritten portion thereof that is modified or enhanced to any degree, where such modification or enhancement is designed and developed to the specifications of a specific purchaser, remains prewritten computer software; provided, however, that where there is a reasonable, separately stated charge or an invoice or other statement of the price given to the purchaser for such modification or enhancement, such modification or enhancement shall not constitute prewritten computer software. (vii) 'School art supply' means an item commonly used by a student in a course of study for artwork. (viii) 'School computer supply' means an item commonly used by a student in a course of study in which a computer is used. (ix) 'School instructional material' means written material commonly used by a student in a course of study as a reference and to learn the subject being taught. (x) 'School supply' means an item commonly used by a student in a course of study. (C) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph including but not be limited to a list of those articles and items qualifying for the exemption pursuant to this paragraph Reserved;"
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"(82)(A) Purchase of Energy Star Qualified Products or WaterSense Products with a sales price of $1,500.00 or less per product purchased for noncommercial home or personal use. The exemption provided by this paragraph shall apply only to sales:
(i) Commencing at 12:01 A.M. on October 3, 2014, and concluding at 12:00 Midnight on October 5, 2014; and (ii) Commencing at 12:01 A.M. on October 2, 2015, and concluding at 12:00 Midnight on October 4, 2015. (B) As used in this paragraph, the term: (i) 'Energy Star Qualified Product' means any dishwasher, clothes washer, air conditioner, ceiling fan, fluorescent light bulb, dehumidifier, programmable thermostat, refrigerator, door, or window that meets the energy efficient guidelines set by the United States Environmental Protection Agency and the United States Department of Energy and is authorized to carry the Energy Star label. (ii) 'WaterSense Product' means a product authorized to bear the United States Environmental Protection Agency WaterSense label. (C) The exemption provided for in subparagraph (A) of this paragraph shall not apply to purchases of Energy Star Qualified Products or WaterSense Products purchased for trade, business, or resale. (D) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph Reserved;"
SECTION 5-4. Said title is further amended by revising subsections (a) and (b) of Code Section 48-8-3.1, relating to sales tax exemptions as applied to motor fuels, as follows:
"(a) Except as provided in subsection (b) of this Code section, sales of motor fuels as defined in paragraph (9) of Code Section 48-9-2 shall be exempt from the first 3 percent of the state sales and use taxes levied or imposed by this article and shall be subject to the remaining 1 percent of the sales and use taxes levied or imposed by this article. (b) Sales of motor fuel, other than gasoline, which motor fuel other than gasoline is purchased for purposes other than propelling motor vehicles on public highways as defined in Article 1 of Chapter 9 of this title shall be fully subject to the 4 percent state sales and use taxes levied or imposed by this article unless otherwise specifically exempted by this article."
SECTION 5-5. Said title is further amended by revising subsection (k) of Code Section 48-8-30, relating to the imposition, rate, and collection of state sales tax, as follows:
"(k) The prepaid local tax shall be imposed at the time tax is imposed under subparagraph (b)(2)(B) of Code Section 48-9-14 under Code Section 48-9-3."
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SECTION 5-6. Said title is further amended by revising paragraph (2) of subsection (b) of Code Section 48-8-49, relating to dealers' returns as gross proceeds of sales and purchases, as follows:
"(2) If the tax liability of a dealer in the preceding calendar year was greater than $60,000.00 excluding local sales taxes, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection shall not apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14."
SECTION 5-7. Said title is further amended by revising paragraphs (2), (3), and (4) of subsection (b) of Code Section 48-8-50, relating to compensation of dealers for reporting and paying tax, as follows:
"(2) With respect to each certificate of registration number on such return, a deduction of one-half of 1 percent of that portion exceeding $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location other than the taxes specified in paragraph (3) of this subsection; and (3) With respect to each certificate of registration number on such return, a deduction of 3 percent of the combined total amount due of all sales and use taxes on motor fuel as defined under paragraph (9) of Code Section 48-9-2, which are imposed under any provision of this title, including, but not limited to, sales and use taxes on motor fuel imposed under any of the provisions described in subsection (f) of this Code section. but not including Code Section 48-9-14; and (4) A deduction with respect to Code Section 48-9-14, as defined in Code Section 488-2, shall be at the rate of one-half of 1 percent of the total amount due of the prepaid state tax reported due on such return, so long as the return and payment are timely, regardless of the classification of tax return upon which the remittance is made."
SECTION 5-8. Said title is further amended by revising Code Section 48-8-82, relating to authorization of counties and municipalities to impose a joint sales and use tax, as follows:
"48-8-82. (a) When the imposition of a joint county and municipal sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district and each qualified municipality located wholly or partially within the special district shall levy a joint sales and use tax at the rate of 1 percent, except as provided in subsection (b) of this Code section. Except as to rate, the joint tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the tax levied pursuant
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to this article, except that the joint tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined in Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3. (b) On or after July 1, 2015, such joint sales and use tax levied on sales of motor fuels as defined in Code Section 48-9-2 shall be at the rate of 1 percent of the retail sales price of the motor fuel which is not more than $3.39 per gallon."
SECTION 5-9. Said title is further amended by revising subsection (b) of Code Section 48-8-102, relating to the creation of special districts and use of proceeds of the homestead option sales and use tax, as follows:
"(b)(1) When the imposition of a local sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district shall levy a local sales and use tax at the rate of 1 percent, except as provided in paragraph (2) of this subsection. Except as to rate, the local sales and use tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the sales and use tax levied pursuant to this article, except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined in Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3. (2) On or after July 1, 2015, such sales and use tax levied on sales of motor fuels as defined in Code Section 48-9-2 shall be at the rate of 1 percent of the retail sales price of the motor fuel which is not more than $3.39 per gallon."
SECTION 5-10. Said title is further amended by revising subsection (c) of and by adding a new subsection to Code Section 48-8-110.1, relating to the authorization for a county special purpose local option sales tax, to read as follows:
"(c) Any Except as provided in subsection (d) of this Code section, any tax imposed under this part shall be at the rate of 1 percent. Except as to rate, a tax imposed under this part shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this part, except that a tax imposed under this part shall apply to sales of motor fuels as prepaid local tax as that term is defined in Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages as provided for in Code Section 48-8-3. (d) On or after July 1, 2015, such sales and use tax levied on sales of motor fuels as defined in Code Section 48-9-2 shall be at the rate of 1 percent of the retail sales price of the motor fuel which is not more than $3.39 per gallon."
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SECTION 5-11. Said title is further amended by revising Code Section 48-8-141, relating to imposition of a sales tax for educational purposes, as follows:
"48-8-141. (a) Except as otherwise expressly provided in Article VIII, Section VI, Paragraph IV of the Constitution of Georgia, the sales tax for educational purposes which may be levied by a board of education of a county school district or concurrently by the board of education of a county school district and the board of education of each independent school district located within such county shall be imposed and levied by such board or boards of education and collected by the commissioner on behalf of such board or boards of education in the same manner as provided for under Part 1 of this article and the provisions of Part 1 of this article in particular, but without limitation, the provisions regarding the authority of the commissioner to administer and collect this tax, retain the 1 percent administrative fee, and promulgate rules and regulations governing this tax shall apply equally to such board or boards of education. The report required pursuant to Code Section 48-8-122 shall be applicable; provided, however, that in addition to posting such report in a newspaper of general circulation as required by such Code section, such report may be posted on the searchable website provided for under Code Section 50-6-32. (b) On or after July 1, 2015, such sales and use tax levied on sales of motor fuels as defined in Code Section 48-9-2 shall be at the rate of 1 percent of the retail sales price of the motor fuel which is not more than $3.39 per gallon."
SECTION 5-12. Said title is further amended by revising subsection (c) of and adding a new subsection to Code Section 48-8-201, relating to the intergovernmental agreement for the distribution of tax proceeds from the water and sewer projects sales tax, as follows:
"(c) In the event a tax imposed under this article is imposed only by the municipality: (1) No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to: (A) Sales of motor fuels as prepaid local tax as that term is defined in Code Section 48-8-2; (B) The sale of food and food ingredients and alcoholic beverages as provided for in Code Section 48-8-3; (C) The sale of natural or artificial gas used directly in the production of electricity which is subsequently sold, notwithstanding paragraph (70) of Code Section 48-8-3; and (D) The furnishing for value to the public of any room or rooms, lodgings, or accommodations which is subject to taxation under Article 3 of Chapter 13 of this title; and (2) A tax imposed under this article shall not apply to the sale of motor vehicles."
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"(e) On or after July 1, 2015, such sales and use tax levied on sales of motor fuels as defined in Code Section 48-9-2 shall be at the rate of 1 percent of the retail sales price of the motor fuel which is not more than $3.39 per gallon."
SECTION 5-13. Said title is further amended by revising Code Section 48-9-3, relating to an excise tax on motor fuel, as follows:
"48-9-3. (a)(1) An excise tax is imposed at the rate of 7 1/2 24 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. (1.1)(A) Beginning on July 1, 2016, and annually thereafter, the amount of this excise tax per gallon on distributors shall be automatically adjusted on an annual basis in accordance with this paragraph. (B) The excise tax on motor fuel shall be automatically adjusted on an annual basis by multiplying the percentage of increase or decrease in a given year in the Consumer Price Index by the current tax rate. The resulting calculation shall be added to the excise tax assessed by this subsection. The first adjustment shall be calculated and implemented on July 1, 2016." (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 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:
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(i) '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. (b) No tax is imposed by this article upon or with respect to the following sales by duly licensed distributors: (1) Bulk sales to a duly licensed distributor; (2) Sales of motor fuel for export from this state when exempted by any provisions of the Constitutions of the United States or this state; (3) Sales of motor fuel to a licensed distributor for export from this state; (4) Sales of motor fuel to the United States for the exclusive use of the United States when the motor fuel is purchased and paid for by the United States; (5) Sales of aviation gasoline to a duly licensed aviation gasoline dealer, except for 1 per gallon of the tax imposed by paragraph (1) of subsection (a) of this Code section and all of the tax imposed by Code Section 48-9-14; (6) Bulk sales of compressed petroleum gas or special fuel to a duly licensed consumer distributor; (7)(A) Sales of compressed petroleum gas or special fuel to a consumer who has no highway use of the fuel at the time of the sale and does not resell the fuel. Consumers of compressed petroleum gas or special fuel who have both highway and nonhighway use of the fuel and resellers of such fuel must be licensed as distributors in order for sales of the fuel to be tax exempt. Each type of motor fuel is to be considered separately under this exemption. (B)(i) In instances where a sale of compressed petroleum gas has been made to an ultimate consumer who has both highway and nonhighway use of that type of motor fuel and no tax has been paid by the distributor on the sale, the consumer shall become licensed as a consumer distributor of that type of motor fuel. After the consumer is licensed as a consumer distributor and if it is demonstrated to the satisfaction of the commissioner that the motor fuel purchased prior to the licensee's becoming licensed as a consumer distributor was used for nonhighway purposes, such sales shall be exempt from the tax imposed by this article; provided, however, that, if at the time of demonstration the ultimate consumer does not have both highway and nonhighway use of such fuel but it can be demonstrated by the distributor to the satisfaction of the commissioner that the motor fuel was used for nonhighway purposes, the sales shall be exempt from the tax imposed by this article; and
(ii)(I) Any special fuel sold by a distributor to a purchaser who has a storage receptacle which has a connection to a withdrawal outlet that may be used for highway use, as defined in paragraph (8) of Code Section 48-9-2, is not exempt from the motor fuel and road taxes imposed by this article unless: (1) the purchaser is at the time of sale a valid licensed distributor of that type of motor fuel, or (2) an exemption certificate has been obtained from the purchaser on
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forms furnished by the Department of Revenue showing that the purchaser has no highway use of such fuels and is not a reseller of such fuels. Each exemption certificate shall be valid for a period of not more than three years and shall be kept by the distributor as one of the records specified in Code Section 48-9-8. It shall be the responsibility of the purchaser to notify the distributor when the purchaser is no longer qualified for the nonhighway exemption. All applicable taxes must be charged the purchaser until the purchaser is granted a valid distributor's license for that type of motor fuel. (II) Any such purchaser granted an exemption under subdivision (I) of this division who falsely claims the exemption or fails to rescind the purchaser's exemption certificate to the distributor in writing when he or she is no longer eligible for the exemption shall be deemed a distributor for purposes of taxation and is subject to all provisions of this article relating to distributors. This division in no way shall restrict the option of the purchaser to become licensed as a distributor. If the distributor sells special fuel to a purchaser who has a storage receptacle which has a connection to a withdrawal outlet that may be used for highway use, as defined in paragraph (8) of Code Section 48-9-2, and the purchaser is not a valid licensed distributor and has not executed a valid signed exemption certificate, the taxes imposed by this article are due from the distributor and not the purchaser on all sales of that type of fuel to that purchaser; (8) Sales of fuel oils, compressed petroleum gas, or special fuel directly to an ultimate consumer to be used for heating purposes only. The delivery of fuel oils, compressed petroleum gas, or special fuel directly to an ultimate consumer to be used for heating purposes only shall be made directly into the storage receptacle of the heating unit of the consumer by the licensed distributor. To qualify for this exemption, sales must be delivered into storage receptacles that are not equipped with any secondary withdrawal outlets for the motor fuel; (9) Sales of dyed fuel oils to a consumer for other than highway use as defined in paragraph (8) of Code Section 48-9-2; (10)(A) During the period of July 1, 2012, through June 30, 2015, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for public mass transit vehicles which are owned by public transportation systems which receive or are eligible to receive funds pursuant to 49 U.S.C. Sections 5307 and 5311 for which passenger fares are routinely charged and which vehicles are used exclusively for revenue generating purposes which motor fuel sales occur at bulk purchase facilities approved by the department. (B) During the period of July 1, 2012, through June 30, 2015, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for vehicles operated by a public campus transportation system, provided that such system has a policy which provides for free transfer of passengers from the public transportation system operated by the jurisdiction in which the campus is located; makes the general public aware of such free transfer policy; and receives no state or federal funding to
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assist in the operation of such public campus transportation system and which motor fuel sales occur at bulk purchase facilities approved by the department. (C) For purposes of this paragraph, the term 'vehicle' or 'vehicles' means buses, vans, minibuses, or other vehicles which have the capacity to transport seven or more passengers; or (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. (c) Fuel oils, compressed petroleum gas, or special fuel used by a duly licensed distributor for nonhighway purposes is exempt from the tax imposed by this article. (d) No export from this state shall be recognized as being exempt from tax under paragraphs (2) and (3) of subsection (b) of this Code section unless the exporter informs the seller and the terminal operator of the intention to export and causes to be set out the minimum information specified in subsection (e) of Code Section 48-9-17 on the bill of lading or equivalent documentation under which the motor fuel is transported. In the event that the motor fuel is delivered to any point other than that which is set out on the bill of lading or equivalent documentation, the legal incidence of the tax shall continue to be imposed exclusively upon the exporter who caused the export documentation to be issued and no exemption shall be recognized until suitable proof of exportation has been provided to the commissioner."
SECTION 5-14. Said title is further amended by repealing in its entirety Code Section 48-9-14, relating to the second motor fuel tax, and designating said Code section as reserved.
SECTION 5-15. Said title is further amended by designating the existing provisions of Article 5 of Chapter 13, relating to excise taxes on rental motor vehicles, as Part 1 and adding a new Part 2 to read as follows:
"Part 2
48-13-100. (a) On or after July 1, 2015, each rental motor vehicle concern renting or leasing motor vehicles in this state shall charge a $5.00 per day fee to the customer for each calendar day such vehicle is rented or leased. The rental motor vehicle concern shall collect the fee at the time the customer pays for the rental or lease of the vehicle. The rental motor vehicle concern collecting the fee shall remit the fee on a monthly basis to the department. (b) Nothing in this Code section shall be construed to impair any existing contract. (c) The commissioner shall promulgate and make available forms for the use of rental motor vehicle concerns to assist in compliance with this Code section. The
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commissioner may promulgate rules and regulations as necessary to implement the provisions of this Code section. (d) It is the intention of the General Assembly, subject to appropriations, that the fees collected pursuant to subsection (a) of this Code section shall be made available and used exclusively for transportation projects in this state."
PART VI SECTION 6-1.
Part 3 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, the "Georgia Transportation Infrastructure Bank Act," is amended by revising subsection (b) of Code Section 32-10-127, relating to loans and other financial assistance and the determination of eligible projects, as follows:
"(b)(1) The board shall determine which projects are eligible projects and then select from among the eligible projects qualified projects. When determining eligibility, the board shall make every effort to balance any loans or other financial assistance among all regions of this state. (2) Preference for loans may be given to eligible projects which have local financial support in tier 1 and tier 2 counties, as defined in Code Section 48-7-40 and by the Department of Community Affairs. (3) Preference for grants and other financial assistance may be given to eligible projects which have local financial support."
PART VII SECTION 7-1.
(a) This Act shall become effective on July 1, 2015. (b) Tax, penalty, and interest liabilities and refund eligibility for prior taxable years shall not be affected by the passage of this Act and shall continue to be governed by the provisions of Title 48 of the Official Code of Georgia Annotated as it existed immediately prior to the effective date of this Act.
SECTION 7-2. All laws and parts of laws in conflict with this Act are repealed.
Representative Roberts of the 155th moved that the House disagree to the Senate substitute to HB 170.
The motion prevailed.
Representative Roberts of the 155th asked unanimous consent that HB 170 be immediately transmitted to the Senate.
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3325
It was so ordered.
The following Resolutions of the House were read and adopted:
HR 769. By Representative Mitchell of the 88th:
A RESOLUTION commending the Epic Women Leadership conference and its founder, Pastor Sabrina Mckenzie; and for other purposes.
HR 770. By Representatives Atwood of the 179th, Jones of the 167th and Wilkinson of the 52nd:
A RESOLUTION congratulating the Brunswick High School Basketball Team on winning the 2015 GHSA Class AAAAA State Championship; and for other purposes.
HR 771. By Representatives Maxwell of the 17th, Clark of the 101st and Coleman of the 97th:
A RESOLUTION congratulating Betsy Green upon the grand occasion of her 50th birthday; and for other purposes.
HR 772. By Representatives Atwood of the 179th, Wilkinson of the 52nd, Jones of the 167th and Spencer of the 180th:
A RESOLUTION recognizing Coastal Georgia Honor Flight and commending Georgia's World War II and Korean War veterans; and for other purposes.
HR 773. By Representative Glanton of the 75th:
A RESOLUTION commending Colonel James E. Crissey for his service to the United States Army and the State of Georgia; and for other purposes.
HR 774. By Representative Stovall of the 74th:
A RESOLUTION commending Mary Beth Mendoza upon being awarded as the 2015 Big Sister of the Year; and for other purposes.
HR 775. By Representatives Mabra of the 63rd, Stovall of the 74th, Glanton of the 75th, Douglas of the 78th, Waites of the 60th and others:
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A RESOLUTION commending Southeastern Primary Care Providers for its exemplary service to the Fayetteville community and recognizing November 14, 2015, as Southeastern Primary Care Providers/Fayette County Community Health Day; and for other purposes.
HR 776. By Representatives Thomas of the 56th, Stovall of the 74th and Bruce of the 61st:
A RESOLUTION congratulating Apostolic City of Truth, Inc., upon the grand occasion of its first anniversary and commending Pastor Anastasie Egerton and the Apostolic City of Truth General Assembly; and for other purposes.
HR 777. By Representative Ramsey of the 72nd:
A RESOLUTION commending Dr. April DeGennaro, Georgia Association for Gifted Children 2014-2015 Teacher of the Year; and for other purposes.
HR 778. By Representatives Jones of the 47th, Ramsey of the 72nd, Yates of the 73rd, Golick of the 40th, Stovall of the 74th and others:
A RESOLUTION commending the Georgia State University Men's Basketball Team on their championship season and outstanding performance in the 2015 NCAA Men's Basketball Tournament; and for other purposes.
HR 779. By Representatives Stovall of the 74th, Thomas of the 56th, Waites of the 60th and Kaiser of the 59th:
A RESOLUTION commending Thelma A. Jolly Malone for her dedicated service to her community and the State of Georgia; and for other purposes.
HR 780. By Representatives Tankersley of the 160th, Burns of the 159th and Parrish of the 158th:
A RESOLUTION commending Kelly Tankersley, Effingham County's 2015 Special Education Teacher of the Year; and for other purposes.
HR 781. By Representatives Mabra of the 63rd, Thomas of the 56th, Smith of the 125th, Dukes of the 154th, Jackson of the 128th and others:
A RESOLUTION commending Emerging 100 and its president, Kevin Gooch; and for other purposes.
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3327
HR 782. By Representative Kidd of the 145th:
A RESOLUTION congratulating Patricia "Trish" Dominic upon the grand occasion of her retirement from Hemophilia of Georgia; and for other purposes.
HR 783. By Representatives Efstration of the 104th, Chandler of the 105th and Beasley-Teague of the 65th:
A RESOLUTION recognizing and commending the Archer High School wrestling team on winning the 2015 GHSA Class AAAAAA Duals and Traditional State Championships; and for other purposes.
The following messages were received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 1.
By Representatives Peake of the 141st, Gravley of the 67th, Kaiser of the 59th, Ramsey of the 72nd, McCall of the 33rd and others:
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 change certain provisions relating to the use of marijuana for treatment of cancer and glaucoma; to provide for regulated medicinal use of cannabis and derivatives thereof to treat certain conditions; 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 Senate:
SB 208. By Senators Ramsey, Sr. of the 43rd, Jones of the 10th, Davenport of the 44th, Henson of the 41st and Butler of the 55th:
A BILL to be entitled an Act to incorporate the City of Stonecrest in DeKalb County; to provide for a charter for the City of Stonecrest; to provide for
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incorporation, boundaries, and powers of the city; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Representative Powell of the 171st District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 600 Do Pass SB 82 Do Pass, by Substitute
HR 686 Do Pass SB 122 Do Pass, by Substitute
Respectfully submitted, /s/ Powell of the 171st
Chairman
Representative O'Neal of the 146th moved that the House stand in recess until 4:00 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 4:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.
WEDNESDAY, MARCH 25, 2015
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Representative Hall, Atlanta, Georgia
Wednesday, March 25, 2015
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 Beasley-Teague Bell Belton E Bennett Bentley Benton Beskin Beverly Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter Chandler Cheokas Clark, D Clark, H Clark, V Coleman
E Cooke Coomer Cooper Corbett
E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon
E Dukes Dunahoo Duncan Ealum Efstration England Epps
E Evans Fleming
E Floyd Fludd Frazier Frye Gardner Gasaway
E Geisinger Glanton Golick Gordon Gravley
Greene Hamilton E Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. E Jones, L Jones, S Kaiser Kelley Kendrick Kidd Kirby Knight LaRiccia Lumsden Mabra Marin Martin Maxwell McCall
McClain Meadows Mitchell Morris Mosby Nix Oliver O'Neal Parrish Parsons Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper
Shaw Sims Smith, E Smith, L Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Teasley Thomas, E Trammell Turner Waites Watson Werkheiser 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 Casas of the 107th, Jacobs of the 80th, Jordan of the 77th, Mayo of the 84th, Nimmer of the 178th, Pak of the 108th, Taylor of the 79th, Welch of the 110th, and Weldon of the 3rd.
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They wished to be recorded as present.
Prayer was offered by Dr. Don Brawley, Lead Pastor, Canaanland Church International, Snellville, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 653. By Representatives Parsons of the 44th, Harrell of the 106th, Abrams of the 89th, Willard of the 51st and Carson of the 46th:
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 allow the transfer of certain executions to a person authorized by the delinquent taxpayer; to provide for procedures, conditions, and limitations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
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HB 654. By Representatives Scott of the 76th, Jordan of the 77th, Stovall of the 74th, Waites of the 60th, Anderson of the 92nd and others:
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 658. By Representatives Mitchell of the 88th, Williams of the 87th, Drenner of the 85th, Kendrick of the 93rd, Anderson of the 92nd and others:
A BILL to be entitled an Act to amend an Act creating one or more community improvement districts within DeKalb County, approved May 13, 2008 (Ga. L. 2008, p. 3817), as amended, so as to change certain provisions so that community improvement districts may be created within municipalities in DeKalb County; to provide for a millage rate cap; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 659. By Representatives Belton of the 112th, Dudgeon of the 25th, Caldwell of the 20th, Nix of the 69th, Glanton of the 75th and others:
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 provide transparency of financial information of local school systems and schools, to the greatest extent practicable; to provide for legislative intent; to provide for definitions; to provide for accessibility to certain financial data of a local board of education; to provide for school level budget and expenditure data; to require local school systems and schools to provide certain information on their websites; to provide for certain data and reports; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 660. By Representative Dudgeon of the 25th:
A BILL to be entitled an Act to incorporate the City of Sharon Springs; to provide a charter; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Governmental Affairs.
HB 661. By Representatives Drenner of the 85th, Henson of the 86th, Jacobs of the 80th, Anderson of the 92nd, Kendrick of the 93rd and others:
A BILL to be entitled an Act to amend an Act to reincorporate the City of Clarkston in the County of DeKalb, approved April 21, 1967 (Ga. L. 1967, p. 3391), as amended, so as to change the corporate limits of the city by annexing certain territory; to provide for related matters; to provide for a referendum; 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 Drenner of the 85th, Jacobs of the 80th, Henson of the 86th, Anderson of the 92nd, Kendrick of the 93rd and others:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Avondale Estates, approved April 23, 1999 (Ga. L. 1999, p. 4886), 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 663. By Representatives Drenner of the 85th, Jacobs of the 80th, Henson of the 86th, Anderson of the 92nd, Kendrick of the 93rd and others:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Decatur, approved April 13, 2001 (Ga. L. 2001, p. 4351), as amended, so as to change the corporate limits of the city; to provide for related matters; to provide for a referendum and contingent effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 664. By Representatives 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 Griffin 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;
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3333
to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 765. By Representatives Chandler of the 105th, Clark of the 101st, Dickson of the 6th, Coleman of the 97th, Dudgeon of the 25th and others:
A RESOLUTION creating the House Study Committee on School Counseling and the Role of School Counselors; and for other purposes.
Referred to the Committee on Education.
HR 766. By Representatives Dickerson of the 113th, Mayo of the 84th, Clark of the 101st, Drenner of the 85th and Hugley of the 136th:
A RESOLUTION creating the House Study Committee on Bullying in Schools; and for other purposes.
Referred to the Committee on Education.
HR 767. By Representatives Hightower of the 68th, Dempsey of the 13th, McCall of the 33rd, Stephens of the 164th, Cooke of the 18th and others:
A RESOLUTION creating the House Study Committee on Provision of Community Based Intellectual and Developmental Disability (IDD) services, including the NOW/COMP Medicaid Waiver Services; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 784. By Representatives Bentley of the 139th, Dickey of the 140th and Holmes of the 129th:
A RESOLUTION honoring the life of Mr. John David Duke Lane, Sr., and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 785. By Representatives Benton of the 31st, Cheokas of the 138th, Greene of the 151st, Jasperse of the 11th, Allison of the 8th and others:
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A RESOLUTION recognizing November 10, 2015, as Captain Henry Wirz Day; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 786. By Representatives Bentley of the 139th, Yates of the 73rd, Mabra of the 63rd, Epps of the 144th, Harden of the 148th and others:
A RESOLUTION honoring the life of Private John P. Dion 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 Bills and Resolutions of the House could be introduced, read the first time and referred to the Committees:
HB 668. By Representatives Ramsey of the 72nd and Fludd of the 64th:
A BILL to be entitled an Act to amend an Act to create the City of Peachtree City Public Facilities Authority, approved May 13, 2011 (Ga. L. 2011, p. 4121), so as to add an additional power; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 669. By Representatives Stephens of the 164th, Bryant of the 162nd, Petrea of the 166th and Stephens of the 165th:
A BILL to be entitled an Act to amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4351), so as to provide for the compensation of certain Chatham County officials; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 670. By Representatives Mayo of the 84th, Oliver of the 82nd, Drenner of the 85th, Mosby of the 83rd, Mitchell of the 88th and others:
A BILL to be entitled an Act to provide for a homestead exemption from City of Decatur ad valorem taxes for municipal purposes except for ad
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3335
valorem taxes levied to pay interest on and to retire municipal bonded indebtedness in the amount of $15,000.00 of the assessed value of the homestead for residents of that city who are 62 years of age or older and whose income does not exceed $50,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 671. By Representatives Mayo of the 84th, Oliver of the 82nd, Drenner of the 85th, Mosby of the 83rd, Mitchell of the 88th and others:
A BILL to be entitled an Act to repeal a former local constitutional amendment, Ga. L. 1981, p. 1914, which former local constitutional amendment was continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution of Georgia and which provides for a homestead exemption from certain city ad valorem taxes for residents of the City of Decatur in an amount to be fixed by the governing authority of the city at not more than $2,000.00 for the first year, and which may be increased periodically, but which exemption shall not exceed $10,000.00; 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 672. By Representatives Mayo of the 84th, Oliver of the 82nd, Drenner of the 85th, Mosby of the 83rd, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend an Act approved March 27, 1985 (Ga. L. 1985, p. 4140), as amended, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4475), and by an Act approved April 13, 2001 (Ga. L. 2001, p. 4259), so as to provide for a homestead exemption from City of Decatur ad valorem taxes; 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 673. By Representatives Mayo of the 84th, Oliver of the 82nd, Drenner of the 85th, Mosby of the 83rd, Mitchell of the 88th and others:
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A BILL to be entitled an Act to amend an Act approved April 19, 2000 (Ga. L. 2000, p. 4285), so as modify the amount of a homestead exemption from City of Decatur ad valorem taxes for municipal purposes except for ad valorem taxes levied to pay interest on and to retire municipal bonded indebtedness in the amount of $25,000.00 of the assessed value of the homestead for residents of that city; 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 674. By Representatives Weldon of the 3rd and Tarvin of the 2nd:
A BILL to be entitled an Act to create the State Court of Catoosa County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 675. By Representative Ralston of the 7th:
A BILL to be entitled an Act to provide for compensation of the coroner and deputy coroner of Gilmer County; to provide for the payment of expenses; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 805. By Representatives Willard of the 51st, Cooper of the 43rd, Williams of the 168th, Stephens of the 164th, Stephenson of the 90th and others:
A RESOLUTION creating the House Study Committee on the Certificate of Need Program; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 806. By Representatives Rogers of the 29th, Reeves of the 34th, Shaw of the 176th, Taylor of the 173rd, Caldwell of the 131st and others:
A RESOLUTION creating the House Study Committee on Life Insurance Consumer Disclosures; and for other purposes.
Referred to the Committee on Insurance.
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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 655 HB 657 HR 746 SB 224
HB 644 HB 646 HB 648 HB 650 HB 652 HB 656 HR 745 HR 768
Representative Tankersley of the 160th 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 627 Do Pass, by Substitute HB 641 Do Pass
HB 639 Do Pass HB 642 Do Pass
Respectfully submitted, /s/ Tankersley of the 160th
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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 65 SB 128 SB 135
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute
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Respectfully submitted, /s/ Willard of the 51st
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 and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 8 SB 64 SR 7
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute
Respectfully submitted, /s/ Weldon of the 3rd
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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 63 Do Pass, by Substitute SB 190 Do Pass, by Substitute
Respectfully submitted, /s/ Maxwell of the 17th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, MARCH 25, 2015
Mr. Speaker and Members of the House:
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The Committee on Rules has fixed the calendar for this 36th Legislative Day as enumerated below:
DEBATE CALENDAR
Open Rule
None
Modified Open Rule
HR 620 HR 642
SR 266 SR 267
Local boards of education; provide educational awareness regarding renewable energy; urge (NR&E-Drenner-85th) Joint Study Committee on Postsecondary Education and Employment Options for Individuals with Intellectual and Developmental Disabilities; create (Substitute)(HEd-Dempsey-13th) Property Conveyance; authorizing 10 counties (Substitute)(SPropDunahoo-30th) Jeffares-17th Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities; 24 counties (Substitute)(SProp-Dunahoo-30th) Jeffares-17th
Modified Structured Rule
SB 88 SB 169
Labor and Industrial Relations; provide for the payment of wages by credit to a payroll card; provisions (Substitute)(I&L-Hamilton-24th) Jones-25th Highways, Bridges, and Ferries; revise what constitutes part of the state highway system; appropriation of funds to Dept. of Transportation (Substitute)(Trans-Roberts-155th) Gooch-51st
Structured Rule
None
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
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HB 627. By Representatives Turner of the 21st, Battles of the 15th, Caldwell of the 20th, Ballinger of the 23rd and Setzler of the 35th:
A BILL to be entitled an Act to repeal an Act creating the Lake Allatoona Preservation Authority, approved April 22, 1999 (Ga. L. 1999, p. 4827); to provide for the assets thereof; to provide for severability and applicability; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To repeal an Act creating the Lake Allatoona Preservation Authority, approved April 22, 1999 (Ga. L. 1999, p. 4827); to provide for the assets thereof; to provide for severability and applicability; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Lake Allatoona Preservation Authority, approved April 22, 1999 (Ga. L. 1999, p. 4827), is hereby repealed in its entirety.
SECTION 2. To the extent any real property assets of the Lake Allatoona Preservation Authority exist, they shall devolve automatically and without further action to the governing authority of the county in which they are situated. Any other assets of the authority shall be liquidated and the proceeds dispersed to any creditors of the authority with the remainder, if any, divided equally among the governing authorities of Bartow, Cherokee, and Cobb counties. The allocation of assets pursuant to this section shall be completed no later than December 31, 2015.
SECTION 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
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SECTION 4. Sections 2 and 3 of this Act shall become effective on January 1, 2016. The remaining sections of this Act shall become effective on June 30, 2016.
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 639. By Representative Jasperse of the 11th:
A BILL to be entitled an Act to provide that the clerk of the Magistrate Court of Pickens County shall be appointed by and serve at the pleasure of the chief magistrate; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 641. By Representatives Knight of the 130th and Yates of the 73rd:
A BILL to be entitled an Act to authorize the governing authority of Spalding 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 642. By Representatives Rhodes of the 120th and Kidd of the 145th:
A BILL to be entitled an Act to amend an Act providing for the Magistrate Court of Putnam County, approved March 12, 1984 (Ga. L. 1984, p. 3788), as amended, so as to revise the number, manner of selection, and compensation of the judges of the magistrate 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.
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By unanimous consent, the following roll call vote was made applicable to the previously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton E Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter
Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar
Douglas Y Drenner Y Dudgeon E Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration
Ehrhart Y England Y Epps E Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton
Golick Y Gordon Y Gravley Y Greene Y Hamilton
E Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston
Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain
Y Meadows Y Mitchell
Morris Y Mosby
Nimmer Nix Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley
Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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, the ayes were 152, nays 0.
The Bills, having received the requisite constitutional majority, were passed.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
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The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 18. By Representatives Spencer of the 180th, Pruett of the 149th, Stephens of the 164th, Atwood of the 179th, Werkheiser of the 157th and others:
A BILL to be entitled an Act to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to exempt defense, aviation, space, or aerospace companies and those who work for them and who provide engineering for certain products or services from complying with the provisions of said chapter; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 62. By Representatives Tanner of the 9th, Dickson of the 6th, Dudgeon of the 25th, Evans of the 42nd, Epps of the 144th and others:
A BILL to be entitled an Act to amend Code Section 20-2-2114 of the Official Code of Georgia Annotated, relating to qualifications for the scholarship program for special needs students, so as to waive certain qualifications for students whose parent is an active duty military service member stationed in Georgia within the previous year; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 86. By Representatives Benton of the 31st, Dempsey of the 13th, England of the 116th and Frye of the 118th:
A BILL to be entitled an Act to amend Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, so as to provide for the transfer of the Division of Aging Services to the Georgia Adult and Aging Services Agency; to provide for definitions; to provide for the Georgia Adult and Aging Services Board; to provide for membership, powers, and duties; to provide for an executive director; to provide for transfer of rights, duties, and obligations; to amend various provisions of the Official Code of Georgia Annotated so as to make conforming changes; to provide for legislative findings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 198. By Representatives Dempsey of the 13th, Dickson of the 6th, Cooper of the 43rd, Chandler of the 105th, Coleman of the 97th and others:
A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health
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in elementary and secondary education, so as to require annual suicide prevention education training for certificated school system personnel; to provide that no cause of action is created; to provide that no duty of care is created; to provide a short title; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 348. By Representatives Dickey of the 140th, Nimmer of the 178th, Coomer of the 14th and Rogers of the 10th:
A BILL to be entitled an Act to repeal Chapter 14 of Title 34 of the Official Code of Georgia Annotated, relating to the Georgia Workforce Investment Board; to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to create the State Workforce Development Board; to provide for a Workforce Division within the Department of Economic Development; to provide for a deputy commissioner; to provide for policy development and implementation; to revise provisions for the administration and dispersal of funds; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 559. By Representatives Fleming of the 121st and Jackson of the 128th:
A BILL to be entitled an Act to amend an Act to create a board of elections and registration for McDuffie County, approved March 22, 1990 (Ga. L. 1990, p. 4410), so as to increase the membership of the board; to provide for the manner of appointment and terms of office; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 594. By Representative Kidd of the 145th:
A BILL to be entitled an Act to authorize the governing authority of Baldwin 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 597. By Representatives Holcomb of the 81st, Oliver of the 82nd, Jacobs of the 80th, Kendrick of the 93rd, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), an Act approved March 20, 1990 (Ga. L. 1990, p. 3900), and an Act approved April 13, 1992 (Ga. L.
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1992, p. 6137), so as to change the jurisdiction of the Board of Ethics of DeKalb County; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 598. By Representatives Holcomb of the 81st, Oliver of the 82nd, Jacobs of the 80th, Kendrick of the 93rd, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), and an Act approved May 23, 2007 (Ga. L. 2007, p. 4073), so as to provide for the manner of purchasing by DeKalb County; to provide for procedures and limitations; to provide for certain disclosures and publications; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 599. By Representatives Holcomb of the 81st, Oliver of the 82nd, Jacobs of the 80th, Kendrick of the 93rd, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304), so as to provide for independent internal audits for DeKalb County; to provide for procedures, policies, and limitations; to provide for certain reports; to provide for funding; to provide for oversight; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 320. By Representatives Williams of the 119th, Ramsey of the 72nd, Carter of the 175th, Hatchett of the 150th, Peake of the 141st 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 provide that public disclosure of certain records held by the Georgia Student Finance Commission, the Georgia Higher Education Assistance Corporation, and the Georgia Student Finance Authority is not required; to provide, without judicial action, for the garnishment of pay, loss of a professional license, offset of lottery winnings, and offset of a state tax
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refund for amounts owed to the Georgia Student Finance Commission and the Georgia Student Finance Authority; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate insists on its substitute to the following bill of the House:
HB 170. By Representatives Roberts of the 155th, Burns of the 159th, Hamilton of the 24th, England of the 116th, Hatchett of the 150th and others:
A BILL to be entitled an Act to amend various provisions of the O.C.G.A., so as to provide for additional revenue necessary for funding transportation purposes in this state; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic; to amend Chapter 12 of Title 45 of the O.C.G.A., relating to the Governor, so as to limit the Governor's power to suspend the collection of certain motor fuel taxes and require ratification by the General Assembly; to amend Title 48 of the O.C.G.A., relating to revenue and taxation; to amend Part 3 of Article 2 of Chapter 10 of Title 32 of the O.C.G.A., the "Georgia Transportation Infrastructure Bank Act," so as to provide new criteria for determination of eligible projects by the Transportation Infrastructure Bank; to provide for a short title; 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 208. By Senators Ramsey, Sr. of the 43rd, Jones of the 10th, Davenport of the 44th, Henson of the 41st and Butler of the 55th:
A BILL to be entitled an Act to incorporate the City of Stonecrest in DeKalb County; to provide for a charter for the City of Stonecrest; to provide for incorporation, boundaries, and powers of the city; to provide for severability; to provide an effective date; 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 Stovall of the 74th, Kirby of the 114th et al., McClain of the 100th, Pezold of the 133rd, Parsons of the 44th, Glanton of the 75th, Anderson of the 92nd, Dickson of the 6th et al., Oliver of the 82nd, Smith of the 134th, Carson of the 46th, and Mitchell of the 88th.
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Pursuant to HR 726, the House recognized and commended Georgos Panagiotidis, Consul of the Greek Government, on the grand occasion of Greek Independence Day and invited him to be recognized by the House of Representatives.
Pursuant to HR 131, the House commended Cadet Jonathan Chase Strickland of the University of North Georgia and invited him to be recognized by the House of Representatives.
Pursuant to HR 476, the House commended Dr. Valerie Montgomery Rice and invited her to be recognized by the House of Representatives.
Pursuant to HR 284, the House commended the Fannin County High School Family and Consumer Science Class on the publication of their magazine, Fannin County, A Home for All Seasons, and invited them to be recognized by the House of Representatives.
By order of the Committee on Rules, the following Bills of the House were withdrawn from the General Calendar and recommitted to the Committee on Judiciary Non-Civil:
SB 99.
By Senators Kennedy of the 18th, McKoon of the 29th, Jones of the 25th, Bethel of the 54th, Hill of the 32nd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of proceedings, so as to change provisions relating to reversal on appeal when a judge expresses an opinion regarding proof in a criminal case or as to the accused's guilt; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 160. By Senators Williams of the 27th, Cowsert of the 46th, Harper of the 7th, Mullis of the 53rd, Jones of the 25th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts regarding alcoholic beverages, so as to revise penalties for a violation of Code Section 3-3-23; 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:
Mr. Speaker:
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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 148 Do Pass SB 175 Do Pass, by Substitute
Respectfully submitted, /s/ McCall of the 33rd
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 108 Do Pass SB 111 Do Pass, by Substitute
Respectfully submitted, /s/ Smith of the 134th
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 and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 724 Do Pass, by Substitute SB 76 Do Pass, by Substitute
HR 744 Do Pass, by Substitute SB 141 Do Pass, by Substitute
Respectfully submitted, /s/ Powell of the 32nd
Chairman
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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 642. By Representatives Dempsey of the 13th, Epps of the 144th, Harden of the 148th, Cooper of the 43rd, Oliver of the 82nd and others:
A RESOLUTION creating the Joint Study Committee on Postsecondary Education and Employment Options for Individuals with Intellectual and Developmental Disabilities; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Creating the House Study Committee on Postsecondary Education and Employment Options for Individuals with Intellectual and Developmental Disabilities; and for other purposes.
WHEREAS, young Georgians with intellectual and developmental disabilities finish high school each year to become frustrated "couch kids" with nothing to do and nowhere to go; and
WHEREAS, postsecondary educational opportunities have the same benefits for individuals with intellectual and developmental disabilities as they do for traditional students: academic and personal skills building, independence, self-advocacy, friendships, and employment skills; and
WHEREAS, inclusive postsecondary programs provide opportunities for students with intellectual and developmental disabilities to further their education beyond high school, which prepares them to blossom in their careers and lives; and
WHEREAS, the Georgia Inclusive Post-Secondary Education Consortium seeks to create opportunities for students who have historically not had access to postsecondary educational opportunities; and
WHEREAS, there are currently three inclusive postsecondary education programs in Georgia: The Academy for Inclusive Learning and Social Growth (Kennesaw State University); GOALS Program (Columbus State University); and CHOICE Program (East Georgia State College); and two new programs at Georgia Tech and the University of Georgia will begin in the 2015-2016 school year; and
WHEREAS, Georgians with disabilities want jobs and careers, but the current system disincentivizes employment; and
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WHEREAS, as a result, most Georgians with disabilities who want to work are unemployed; and
WHEREAS, an "Employment First" policy provides that employment should be the first and preferred option for all people, regardless of their disability, and that employment in the general workforce at or above the minimum wage is the first and preferred option for all working age citizens with disabilities; and
WHEREAS, an Employment First policy would benefit Georgians with disabilities, Georgia families, Georgia employers, and Georgia taxpayers; and
WHEREAS, the average gain for Georgia taxpayers when a person with intellectual disabilities receives vocational rehabilitation employment services that helps him or her work is $260 per month; and
WHEREAS, an Employment First policy established by the State of Georgia would require the collaboration of all involved state agencies, including the Department of Behavioral Health and Developmental Disabilities, Department of Education, Georgia Vocational Rehabilitation Agency, and the Department of Community Health, in aligning their programs and resources to such end.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES: (1) Creation of House study committee. There is created the House Study Committee on Postsecondary Education and Employment Options for Individuals with Intellectual and Developmental Disabilities. (2) Members and officers. The committee shall be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker shall designate a member of the committee as chairperson of the committee. (3) Powers and duties. The committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. (4) Meetings. The chairperson shall call all meetings of the committee. 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 powers, perform its duties, and accomplish the objectives and purposes of this resolution. (5) Allowances and funding. The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. Funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives.
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(6) Report. (A) In the event the committee adopts any specific findings or recommendations that include suggestions for proposed legislation, the chairperson shall file a report of the same prior to the date of abolishment specified in this resolution, subject to subparagraph (C) of this paragraph. (B) In the event the committee adopts a report that does not include suggestions for proposed legislation, the chairperson shall file the report, subject to subparagraph (C) of this paragraph. (C) No report shall be filed unless the same has been approved prior to the date of abolishment specified in this resolution by majority vote of a quorum of the committee. A report so approved shall be signed by the chairperson of the committee and filed with the Clerk of the House of Representatives. (D) In the absence of an approved report, the chairperson may file with the Clerk of the House of Representatives a copy of the minutes of the meetings of the committee in lieu thereof.
(7) Abolishment. The committee shall stand abolished on December 1, 2015.
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 E Beasley-Teague Y Bell Y Belton E Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier
E Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice
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 E Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell E Turner Y Waites Y Watson Y Welch Y Weldon
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Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Werkheiser 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 167, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
The following Bills of the House were taken up for the purpose of considering the Senate action thereon:
HB 170. By Representatives Roberts of the 155th, Burns of the 159th, Hamilton of the 24th, England of the 116th, Hatchett of the 150th and others:
A BILL to be entitled an Act to amend various provisions of the O.C.G.A., so as to provide for additional revenue necessary for funding transportation purposes in this state; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic; to amend Chapter 12 of Title 45 of the O.C.G.A., relating to the Governor, so as to limit the Governor's power to suspend the collection of certain motor fuel taxes and require ratification by the General Assembly; to amend Title 48 of the O.C.G.A., relating to revenue and taxation; to amend Part 3 of Article 2 of Chapter 10 of Title 32 of the O.C.G.A., the "Georgia Transportation Infrastructure Bank Act," so as to provide new criteria for determination of eligible projects by the Transportation Infrastructure Bank; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Roberts of the 155th moved that the House insist on its position in disagreeing to the Senate substitute to HB 170 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
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Representatives Roberts of the 155th, Hamilton of the 24th and Smyre of the 135th.
HB 1.
By Representatives Peake of the 141st, Gravley of the 67th, Kaiser of the 59th, Ramsey of the 72nd, McCall of the 33rd and others:
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 change certain provisions relating to the use of marijuana for treatment of cancer and glaucoma; to provide for regulated medicinal use of cannabis and derivatives thereof to treat certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to public health and morals, so as to provide for the possession of low THC oil under certain circumstances; to provide for definitions; to provide for penalties; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create a registration within the Department of Public Health for individuals or caregivers who are authorized to possess low THC oil; to define certain terms; to provide for registration cards; to provide for procedure; to create the Georgia Commission on Medical Cannabis; to provide for membership, procedures, duties, and responsibilities; to provide for an automatic repeal of the commission; to allow the Board of Regents of the University System of Georgia to create or work with others to create a research program using low THC oil in treating certain residents of this state who have medication-resistant epilepsies; to provide for permits to be issued to program participants and others; to provide for automatic repeal of the research program; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions of torts, so as to provide for limited liability for health care institutions and health care providers that permit the possession, administration, or use of low THC oil by an individual or caregiver on their premises in accordance with the laws of this state; to provide for a short title; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
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This Act shall be known and may be cited as the "Haleigh's Hope Act."
SECTION 1-2. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by adding a new article to read as follows:
"ARTICLE 8
16-12-190. As used in this article, the term 'low THC oil' means an oil that contains not more than 5 percent by weight of tetrahydrocannabinol and an amount of cannabidiol equal to or greater than the amount of tetrahydrocannabinol.
16-12-191. (a)(1) Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any person to possess or have under his or her control 20 fluid ounces or less of low THC oil if: (A) Such person is registered with the Department of Public Health as set forth in Code Section 31-2A-18; (B) Such person has in his or her possession a registration card issued by the Department of Public Health; and (C) Such substance is in a pharmaceutical container labeled by the manufacturer indicating the percentage of tetrahydrocannabinol therein. (2) Notwithstanding any provision of Chapter 13 of this title, any person who possesses or has under his or her control 20 fluid ounces or less of low THC oil without complying with subparagraphs (A), (B), and (C) of paragraph (1) of this subsection shall be punished as for a misdemeanor. (b)(1) Notwithstanding any provision of Chapter 13 of this title, it shall be lawful for any person to possess or have under his or her control 20 fluid ounces or less of low THC oil if: (A) Such person is involved in a clinical research program being conducted by the Board of Regents of the University System of Georgia or any authorized clinical trial or research study in this state or their authorized agent pursuant to Chapter 51 of Title 31 as: (i) A program participant; (ii) A parent, guardian, or legal custodian of a program participant; (iii) An employee of the board of regents designated to participate in the research program; (iv) A program agent; (v) A program collaborator and their designated employees; (vi) A program supplier and their designated employees; (vii) A program physician;
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(viii) A program clinical researcher; (ix) Program pharmacy personnel; or (x) Other program medical personnel; (B) Such person has in his or her possession a permit issued as provided in Code Section 31-51-7; and (C) Such substance is in a pharmaceutical container labeled by the manufacturer indicating the percentage of tetrahydrocannabinol therein. (2) Notwithstanding any provision of Chapter 13 of this title, any person who possesses or has under his or her control 20 fluid ounces or less of low THC oil without complying with subparagraphs (A), (B), and (C) of paragraph (1) of this subsection shall be punished as for a misdemeanor. (c) Notwithstanding any provision of Chapter 13 of this title, any person having possession of or under his or her control more than 20 fluid ounces of low THC oil but less than 160 fluid ounces of low THC oil or who manufactures, distributes, dispenses, sells, or possesses with the intent to distribute low THC oil shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years, a fine not to exceed $50,000.00, or both. (d) Notwithstanding any provision of Chapter 13 of this title, any person who sells, manufactures, delivers, brings into this state, or has possession of 160 or more fluid ounces of low THC oil shall be guilty of the felony offense of trafficking in low THC oil and, upon conviction thereof, shall be punished as follows: (1) If the quantity of low THC oil is at least 160 fluid ounces but less than 31,000 fluid ounces, by imprisonment for not less than five years nor more than ten years and a fine not to exceed $100,000.00; (2) If the quantity of low THC oil is at least 31,000 fluid ounces but less than 154,000 fluid ounces, by imprisonment for not less than seven years nor more than 15 years and a fine not to exceed $250,000.00; and (3) If the quantity of low THC oil is 154,000 or more fluid ounces, by imprisonment for not less than ten years nor more than 20 years and a fine not to exceed $1 million. (e) Subsections (c) and (d) of this Code section shall not apply to a person involved in a research program being conducted by the Board of Regents of the University System of Georgia or its authorized agent pursuant to Chapter 51 of Title 31 as an employee of the board of regents designated to participate in such program, a program agent, a program collaborator and their designated employees, a program supplier and their designated employees, a physician, clinical researcher, pharmacy personnel, or other medical personnel, provided that such person has in his or her possession a permit issued as provided in Code Section 31-5-7 and such possession, sale, manufacturing, distribution, or dispensing is solely for the purposes set forth in Chapter 51 of Title 31. (f) Nothing in this article shall require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in any form, or to affect the ability of an employer to have a written zero tolerance policy prohibiting the on-duty, and off-duty, use of marijuana, or prohibiting any
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employee from having a detectable amount of marijuana in such employee's system while at work."
PART II SECTION 2-1.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Chapter 2A, relating to the Department of Public Health, by adding a new Code section to read as follows:
"31-2A-18. (a) As used in this Code section, the term:
(1) 'Board' means the Georgia Composite Medical Board. (2) 'Caregiver' means the parent, guardian, or legal custodian of an individual who is less than 18 years of age or the legal guardian of an adult. (3) 'Condition' means:
(A) Cancer, when such diagnosis is end stage or the treatment produces related wasting illness, recalcitrant nausea and vomiting; (B) Amyotrophic lateral sclerosis, when such diagnosis is severe or end stage; (C) Seizure disorders related to diagnosis of epilepsy or trauma related head injuries; (D) Multiple sclerosis, when such diagnosis is severe or end stage; (E) Crohn's disease; (F) Mitochondrial disease; (G) Parkinson's disease, when such diagnosis is severe or end stage; or (H) Sickle cell disease, when such diagnosis is severe or end stage. (4) 'Department' means the Department of Public Health. (5) 'Low THC oil' shall have the same meaning as set forth in Code Section 16-12190. (6) 'Physician' means an individual licensed to practice medicine pursuant to Article 2 of Chapter 34 of Title 43. (7) 'Registry' means the Low THC Oil Patient Registry. (b) There is established within the department the Low THC Oil Patient Registry. (c) The purpose of the registry is to provide a registration of individuals and caregivers who have been issued registration cards. The department shall establish procedures and promulgate rules and regulations for the establishment and operation of the registration process and dispensing of registry cards to individuals and caregivers. Only individuals residing in this state for at least one year or a child born in this state less than one year old shall be eligible for registration under this Code section. Nothing in this Code section shall apply to any Georgia residents living temporarily in another state for the purpose of securing THC oil for treatment of any condition under this Code section. (d) The department shall issue a registration card to individuals and caregivers as soon as practicable but no later than September 1, 2015, when an individual has been certified to the department by his or her physician as being diagnosed with a condition
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and has been authorized by such physician to use low THC oil as treatment for such condition. The board shall establish procedures and promulgate rules and regulations to assist physicians in providing required uniform information relating to certification and any other matter relating to the issuance of certifications. In promulgating such rules and regulations, the board shall require that physicians have a doctor-patient relationship when certifying an individual as needing low THC oil and physicians shall be required to be treating an individual for the specific condition requiring such treatment. (e) The board shall require physicians to issue quarterly reports to the board. Such reports shall require physicians to provide information, including, but not limited to, dosages recommended for a particular condition, clinical responses, compliance, responses to treatment, side effects, and drug interactions. (f) Information received and records kept by the department for purposes of administering this Code section shall be confidential; provided, however, that such information shall be disclosed:
(1) Upon written request of an individual or caregiver registered pursuant to this Code section; and (2) To peace officers and prosecuting attorneys for the purpose of:
(A) Verifying that an individual in possession of a registration card is registered pursuant to this Code section; or (B) Determining that an individual in possession of low THC oil is registered pursuant to this Code section. (g) The board shall develop a waiver form that will advise that the use of cannabinoids and THC containing products have not been approved by the FDA and the clinical benefits are unknown and may cause harm. Any patient or caregiver shall sign such waiver prior to his or her approval for registration."
PART III SECTION 3-1.
Said title is further amended by adding a new chapter to read as follows:
"CHAPTER 50
31-50-1. (a) There is created the Georgia Commission on Medical Cannabis. (b) As used in this chapter, the term 'commission' means the Georgia Commission on Medical Cannabis.
31-50-2. (a) The commission shall consist of 17 members. The commissioner of public health, the director of the Georgia Bureau of Investigation, the director of the Georgia Drugs and Narcotics Agency, the commissioner of agriculture, the chairperson of the Georgia
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Composite Medical Board, and the Governor's executive counsel shall be permanent members of the commission. The permanent members of the commission may designate another individual to serve in his or her stead. The remaining members of the commission shall be appointed by the Governor on or before July 1, 2015. The remaining members shall be:
(1) Two members of the Senate; (2) Two members of the House of Representatives; (3) A board certified hematologist-oncologist; (4) A board certified neurologist; (5) A board certified gastroenterologist; (6) A board certified pharmacist; (7) An attorney employed by the Prosecuting Attorneys' Council of the State of Georgia or a prosecuting attorney; (8) A sheriff; and (9) A police chief. (b) In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the original appointment, and the successor shall serve for the unexpired term. (c) Membership on the commission shall not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership. (d) The Governor shall designate a chairperson of the commission from among the members, which chairperson shall serve in that position at the pleasure of the Governor. The chairperson shall only vote to break a tie. The commission may elect such other officers and committees as it considers appropriate. (e) The commission, with the approval of the Governor, may employ such professional, technical, or clerical personnel as deemed necessary to carry out the purposes of this chapter. The commission may create committees from among its membership as well as appoint other persons to serve in an advisory capacity to the commission in implementing this chapter. (f) The commission shall be attached for administrative purposes only to the Department of Public Health in accordance with Code Section 50-4-3. The Department of Public Health may use any funds specifically appropriated to it to support the work of the commission.
31-50-3. (a) The commission 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 commission shall hold meetings at the call of the chairperson. (b) A quorum for transacting business shall be a majority of the members of the commission. (c) Any legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8. Citizen members shall receive a daily expense allowance
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in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. Members of the commission who are state officials, other than legislative members, or state employees shall receive no compensation for their services on the commission, but shall be reimbursed for expenses incurred in the performance of their duties as members of the commission in the same manner as reimbursements are made in their capacity 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.
31-50-4. (a) The commission shall have the following duties:
(1) To establish comprehensive recommendations regarding the potential regulation of medical cannabis in this state. Such recommendations shall include, without limitations, specification of the department or departments to have responsibility for the oversight of a state-sanctioned system related to medical cannabis. A detailed report, which shall be submitted no later than December 31, 2015, including a review of the conditions, needs, issues, and problems related to medical cannabis and any recommended action or proposed legislation which the commission deems necessary or appropriate shall be provided 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, Non-civil, the Senate Judiciary, Non-civil Committee, the House Committee on Health and Human Services, and the Senate Health and Human Services Committee; and (2) To evaluate and consider the best practices, experiences, and results of legislation in other states with regard to medical cannabis. (b) The commission shall have the following powers: (1) To evaluate how the laws and programs affecting medical cannabis should operate in this state; (2) To request and receive data from and review the records of appropriate state agencies to the greatest extent allowed by state and federal law; (3) To authorize entering into contracts or agreements through the commission's chairperson necessary or incidental to the performance of its duties; (4) To establish rules and procedures for conducting the business of the commission; and (5) To conduct studies, hold public meetings, collect data, or take any other action the commission deems necessary to fulfill its responsibilities. (c) Subject to the availability of funds, the commission shall be authorized to retain the services of attorneys, consultants, subject matter experts, economists, budget analysts, data analysts, statisticians, and other individuals or organizations as determined appropriate by the commission.
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31-50-5. This chapter shall stand repealed on June 30, 2016."
PART IV SECTION 4-1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding a new chapter to read as follows:
"CHAPTER 51
31-51-1. (a) As used in this chapter, the term 'low THC oil' shall have the same meaning as set forth in Code Section 16-12-190. (b) The Board of Regents of the University System of Georgia may cause to be designed, developed, implemented, and administered a low THC oil research program to develop rigorous data that will inform and expand the scientific community's understanding of potential treatments for individuals under 18 years of age with medication-resistant epilepsies. (c) Any such program shall adhere to the regulatory process established by the federal Food, Drug, and Cosmetic Act, as well as other federal laws and regulations governing the development of new medications containing controlled substances. (d) Any universities and nonprofit institutions of higher education that conduct research may continue any research that is permitted under federal law as well as any additional research is permitted under this chapter.
31-51-2. To the extent permissible under this chapter, any research program developed pursuant to this chapter shall be designed to permit the voluntary enrollment of all individuals under 18 years of age having medication-resistant epilepsies who are residents of this state and who:
(1) Have been residents of this state for the 24 month period immediately preceding their entry into the program; or (2) Have been residents of this state continuously since birth if they are less than 24 months old at the time of their entry into the program.
31-51-3. (a) For purposes of this chapter, the board of regents may act through a unit of the University System of Georgia, a nonprofit corporation research institute, or a nonprofit institution of higher education that conducts research, or any combination thereof. (b) Any nonprofit corporation research institute approved by the board of regents to participate in the research program established under this chapter shall be required to have the necessary experience, expertise, industry standards and security procedures,
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and infrastructure to implement such research in accordance with accepted scientific and regulatory standards. (c) The board of regents and its authorized agent may enter into such agreements, among themselves and with other parties, as are reasonable and necessary to implement the provisions of this chapter.
31-51-4. (a) The board of regents or its authorized agent may designate an FDA approved supplier of low THC oil and collaborate with a designated supplier to develop a clinical trial or research study protocol to study the use of low THC oil in the treatment of individuals under 18 years of age with medication-resistant epilepsies, which trial or research study shall be conducted at one or more locations in this state. Such supplier shall be required to supply a source of low THC oil that has been standardized and tested in keeping with such standards. (b) The board of regents or its authorized agent shall work with any supplier of low THC oil to commit personnel and other resources to such collaboration and to supply low THC oil for a collaborative study under reasonable terms and conditions to be agreed upon mutually.
31-51-5. Any public record, as defined by Code Section 50-18-70, produced pursuant to this chapter shall be exempt from disclosure to the extent provided by Code Section 50-1872.
31-51-6. All activities undertaken pursuant to this chapter shall be subject to availability of funds appropriated to the board of regents or to any other academic or research institution or otherwise made available for purposes of this chapter.
31-51-7. (a)(1) Research program participants and their parents, guardian, or legal custodian, employees of the board of regents designated to participate in the research program, program agents and collaborators and their designated employees, and program suppliers of low THC oil and their designated employees shall be immune from state prosecution as provided in Code Section 16-12-191. (2) Physicians, clinical researchers, pharmacy personnel, and all medical personnel in the research program authorized by this chapter shall be immune from state prosecution as provided in Code Section 16-12-191.
(b) For purposes of providing proof of research program participation, the board of regents or its agent which administers the research program authorized by this chapter shall provide appropriate permits, suitable for carrying on their persons or display, as applicable, to research program participants and their parents, guardian, or legal custodian, employees of the board of regents designated to participate in the research
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program, program agents and collaborators and their designated employees, program suppliers of low THC oil and their designated employees, physicians, clinical researchers, pharmacy personnel, and all medical personnel in the program.
31-51-8. The board of regents may establish fees for program participants in such amounts as are reasonable to offset program costs.
31-51-9. The board of regents may adopt such rules and regulations as are reasonable and necessary for purposes of this chapter.
31-51-10. This chapter shall stand repealed on July 1, 2020."
PART V SECTION 5-1.
Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions of torts, is amended by adding a new Code section to read as follows:
"51-1-29.6. (a) As used in this Code section, the term:
(1) 'Caregiver' shall have the same meaning as set forth in Code Section 31-2A-18. (2) 'Health care institution' shall have the same meaning as set forth in Code Section 51-1-29.5. (3) 'Health care provider' means any person licensed, certified, or registered under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43 or Chapter 4 of Title 26. (4) 'Low THC oil' shall have the same meaning as set forth in Code Section 16-12190. (b) A health care institution shall not be subject to any civil liability, penalty, licensing sanction, or other detrimental action and a health care provider shall not be subject to any civil liability, penalty, denial of a right or privilege, disciplinary action by a professional licensing board, or other detrimental action for allowing an individual or caregiver to possess, administer, or use low THC oil on the premises of a health care institution or offices of a health care provider provided that the possession of such substance is in accordance with the laws of this state."
PART VI SECTION 6-1.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
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SECTION 6-2. All laws and parts of laws in conflict with this Act are repealed.
Representative Peake of the 141st moved that the House agree to the Senate substitute to HB 1.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison
Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton E Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick
Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Cooper
Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
E Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer
Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts
Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 E Stover Y Strickland Y Tankersley Y Tanner Y Tarvin
Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell E Turner Y Waites Y Watson
Welch Weldon Y Werkheiser 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.
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Andy Welch Georgia House of Representatives
3/25/15
I have been and continue to be proud to support HB 1 "Haliegh's Hope Act" even though I was off the floor working on legislation when the vote was taken on this day.
/s/ Representative Andy Welch 110th
The following messages were received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 520. By Representatives Taylor of the 79th, Holcomb of the 81st, Fleming of the 121st and Rynders of the 152nd:
A BILL to be entitled an Act to incorporate the City of LaVista Hills in DeKalb County; and for other purposes.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 515. By Representatives Mitchell of the 88th and Holcomb of the 81st:
A BILL to be entitled an Act to incorporate the City of Tucker in DeKalb County; to repeal conflicting laws; and for other purposes.
The following report of the Committee on Rules was read and adopted:
HOUSE SUPPLEMENTAL RULES CALENDAR WEDNESDAY, MARCH 25, 2015
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 36th Legislative Day as enumerated below:
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DEBATE CALENDAR
Open Rule
None
Modified Open Rule
None
Pursuant to House Rule 33.3, debate on the following legislation shall be limited to no more than 90 minutes inclusive of opening and closing remarks. Time to be allocated at the discretion of the Chair.
Modified Structured Rule
SB 133 SR 287
Opportunity School District; establishment; provide for definitions; supervision of public elementary and secondary schools that are failing (Substitute)(Ed-Coomer-14th) Miller-49th Opportunity School District; allow the General Assembly to authorize the establishment; provide for state intervention for failing schools -CA (EdCoomer-14th) 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 Resolution of the Senate was taken up for consideration and read the third time:
SR 287. By Senators Miller of the 49th, Tippins of the 37th, Jeffares of the 17th, Sims of the 12th, Gooch of the 51st and others:
A RESOLUTION proposing an amendment to the Constitution of Georgia so as to allow the General Assembly to authorize the establishment of an
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Opportunity School District to provide for state intervention for failing schools; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
N Abrams N Alexander
Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague N Bell Y Belton E Bennett E Bentley N Benton Y Beskin N Beverly Y Broadrick Y Brockway N Brooks N Bruce Y Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman N Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd N Fludd N Frazier N Frye N Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
E Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens N Holcomb N Holmes Y Houston N Howard N Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra N Marin Y Martin Y Maxwell N Mayo Y McCall N McClain
Y Meadows N Mitchell Y Morris N Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea E Pezold Y Powell, A Y Powell, J N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge
Rynders N Scott Y Setzler N Sharper Y Shaw Y Sims
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 N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. Y Thomas, E N Trammell Y Turner N Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 121, nays 47.
The Resolution, having received the requisite constitutional majority, was adopted.
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Representative Coomer of the 14th asked unanimous consent that SR 287 be immediately transmitted to the Senate.
It was so ordered.
The Speaker announced the House in recess until 2:45 o'clock, this afternoon.
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AFTERNOON SESSION
The Speaker called the House to order.
Representative Carson of the 46th District, Vice-Chairman of the Committee on Intragovernmental Coordination, submitted the following report:
Mr. Speaker:
Your Committee on Intragovernmental Coordination 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 743 Do Pass
Respectfully submitted, /s/ Carson of the 46th
Vice-Chairman
The following Resolution of the House was read and referred to the Committee on Rules:
HR 789. By Representatives Jones of the 47th, Willard of the 51st, Ramsey of the 72nd, Yates of the 73rd, Golick of the 40th and others:
A RESOLUTION commending the Georgia State University Men's Basketball Team on their championship season and outstanding performance in the 2015 NCAA Men's Basketball Tournament 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 789 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 789. By Representatives Jones of the 47th, Willard of the 51st, Ramsey of the 72nd, Yates of the 73rd, Golick of the 40th and others:
A RESOLUTION commending the Georgia State University Men's Basketball Team on their championship season and outstanding performance
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in the 2015 NCAA Men's Basketball Tournament 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 790. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending Epworth United Methodist Church on the grand occasion of its 150th anniversary; and for other purposes.
HR 791. By Representative Caldwell of the 131st:
A RESOLUTION commending Hays Arnold; and for other purposes.
HR 792. By Representative Cheokas of the 138th:
A RESOLUTION recognizing and commending Mr. James Henry Nelson, outstanding Georgia citizen, upon the occasion of his retirement; and for other purposes.
HR 793. By Representatives Williams of the 119th, Burns of the 159th, Knight of the 130th, Smith of the 70th and Rynders of the 152nd:
A RESOLUTION commending Corporal Greg Wade upon being named 2014 Ranger of the Year; and for other purposes.
HR 794. By Representatives Scott of the 76th, Jordan of the 77th, Stovall of the 74th, Douglas of the 78th, Waites of the 60th and others:
A RESOLUTION honoring the life and memory of Darryl Deon Wallace; and for other purposes.
HR 795. By Representatives Rhodes of the 120th, Ralston of the 7th, Parrish of the 158th, Stephens of the 164th, O`Neal of the 146th and others:
A RESOLUTION commending Mickey Channell for his many years of dedicated service to the State of Georgia; and for other purposes.
HR 796. By Representatives Williams of the 119th, Quick of the 117th, Frye of the 118th, Rogers of the 29th, Ralston of the 7th and others:
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A RESOLUTION recognizing and commending Mr. Andy Landers upon his retirement and for his outstanding leadership as head coach of the University of Georgia's Women's Basketball team; and for other purposes.
HR 797. By Representatives Peake of the 141st, Epps of the 144th, Dickey of the 140th, Holmes of the 129th, Beverly of the 143rd and others:
A RESOLUTION congratulating Mrs. Griffin's Barbecue Sauce upon the grand occasion of its 80th anniversary; and for other purposes.
HR 798. By Representative Drenner of the 85th:
A RESOLUTION commending Herzing University upon the grand occasion of its 50th anniversary; and for other purposes.
HR 799. By Representatives Frazier of the 126th, Abrams of the 89th, Hugley of the 136th, Randall of the 142nd, McClain of the 100th and others:
A RESOLUTION commending Alan Essig for his many years of service to the State of Georgia; and for other purposes.
HR 800. By Representatives Cooper of the 43rd, Scott of the 76th, Hawkins of the 27th, Howard of the 124th, Meadows of the 5th and others:
A RESOLUTION recognizing June 20, 2015, as Diabetic Peripheral Neuropathy Alert Day at the state capitol; and for other purposes.
HR 801. By Representative Reeves of the 34th:
A RESOLUTION commending Don Esposito; and for other purposes.
HR 802. By Representatives Carson of the 46th, Reeves of the 34th, Ehrhart of the 36th and Setzler of the 35th:
A RESOLUTION recognizing March 25, 2015, as Kennesaw State University Day at the state capitol and commending Kennesaw State University and its many contributions to the State of Georgia and higher education; and for other purposes.
HR 803. By Representative Kaiser of the 59th:
A RESOLUTION recognizing and commending Ronald Collier on the grand occasion of his retirement; and for other purposes.
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HR 804. By Representative Morris of the 156th:
A RESOLUTION congratulating Mr. F. Floyd Hunter upon the grand occasion of his retirement; 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 169. By Senators Gooch of the 51st, Williams of the 19th, Beach of the 21st, Mullis of the 53rd, Miller of the 49th and others:
A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to revise what constitutes part of the state highway system; to provide for the appropriation of funds to the Department of Transportation; to provide for notice in the disposition of property; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for submission of electronic accident reports by law enforcement agencies; 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 revise what constitutes part of the state highway system; to provide for the appropriation of funds to the Department of Transportation; to provide for notice in the disposition of property; to provide for the determination of market value of property acquired by the department; to provide for the procedure for the sale of property when the right of acquisition is not exercised; to provide for the implementation of the federal Public Transportation Safety Program; to provide for the reconstruction and relocation of outdoor advertising signs located upon property that has been acquired for public road purposes; to provide for standards for relocating such signs; to provide for standards of compensation by the Department of Transportation and local governments in instances when an outdoor advertising sign is located upon land acquired for public purposes; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for the operation of personal transportation vehicles in certain areas and under certain conditions; to provide for submission of electronic accident reports by law enforcement agencies; to provide for related matters; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by revising Code Section 32-4-20, relating to the composition of the state highway system, as follows:
"32-4-20. The state highway system shall consist of an integrated network of arterials and of other public roads or bypasses serving as the major collectors therefor. No public road shall be designated as a part of the state highway system unless it meets at least one of the following requirements:
(1) Serves trips of substantial length and duration indicative of regional, state-wide, or interstate importance; (2) Connects adjoining county seats; (3) Connects urban or regional areas with outlying areas, both intrastate and interstate; or (4) Serves as part of the principal collector network for the state-wide and interstate arterial public road system; or (5) Serves as part of a programmed road improvement project plan in which the department will utilize state or federal funds for the acquisition of rights of way."
SECTION 2. Said title is further amended by revising Code Section 32-5-2, relating to the appropriation of funds to the Department of Transportation, as follows:
"32-5-2. All federal funds received by the state treasurer under Code Section 32-5-1 are continually appropriated to the department for the purpose specified in the grants of such funds except as such funds may be directed by the federal government to the State Road and Tollway Authority, provided that no federal funds or funds appropriated to the department shall be expended for procurement of rights of way for a road to be constructed on a county road system except as otherwise provided by law or by agreement between the federal government and the department."
SECTION 3. Said title is further amended by revising Code Section 32-7-4, relating to procedure for the disposition of property by the Department of Transportation, as follows:
"32-7-4. (a)(1) In disposing of property, as authorized under Code Section 32-7-3, the department, a county, or a municipality, provided that such department, county, or municipality has held title to the property for no more than 30 years, shall notify the owner of such property at the time of its acquisition or, if the tract from which the department, a county, or a municipality acquired its property has been subsequently sold, shall notify the owner of abutting land holding title through the owner from
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whom the department, a county, or a municipality acquired its property. The notice shall be in writing delivered to the appropriate owner or by publication if his or her address is unknown; and he or she shall have the right to acquire, as provided in this subsection, the property with respect to which the notice is given. Publication, if necessary, shall be in a newspaper of general circulation in the county where the property is located. If, after a search of the land and probate available public records, the address of any interested party cannot be found, an affidavit stating such a record of the facts and reciting the steps taken to establish the address of any such person shall be placed in the department, county, or municipal records and shall be accepted in lieu of service of notice by mailing the same to the last known address of such person. After properly completing and filing such affidavit documenting the search, the department, county, or municipality may dispose of the property in accordance with the provisions of subsection (b) of this Code section.
(2)(A) When an entire parcel acquired by the department, a county, or a municipality, or any interest therein, is being disposed of, it may be acquired under the right created in paragraph (1) of this subsection at such price as may be agreed upon, but in no event less than the price paid for its acquisition. When only remnants or portions of the original acquisition are being disposed of, they may be acquired for the market value thereof at the time the department, county, or municipality decides the property is no longer needed. The department shall use a real estate appraiser with knowledge of the local real estate market who is licensed in Georgia and not an employee of the department to establish the fair market value of the property prior to listing such property. (B) The provisions of subparagraph (A) of this paragraph notwithstanding, if the value of the property is $30,000.00 $75,000.00 or less as determined by department estimate, the department, county, or municipality may negotiate the sale. (3) If the right of acquisition is not exercised within 60 30 days after due notice, the department, county, or municipality may proceed to sell such property as provided in subsection (b) of this Code section. (4) When the department, county, or municipality in good faith and with reasonable diligence attempted to ascertain the identity of persons entitled to notice under this Code section and mailed such notice to the last known address of record of those persons or otherwise complied with the notification requirements of this Code section, the failure to in fact notify those persons entitled thereto shall not invalidate any subsequent disposition of property pursuant to this Code section. (b)(1)(A) Unless a sale of the property is made pursuant to paragraph (2) or (3) of this subsection, such sale shall be made to the bidder submitting the highest of the sealed bids received after public advertisement for such bids for two weeks. If the highest of the sealed bids received is less than but within 15 percent of the established market value, the department may accept that bid and convey the property in accordance with the provisions of subsection (c) of this Code section. The department or the county or municipality shall have the right to reject any and all bids, in its discretion, to readvertise, or to abandon the sale.
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(B) Such public advertisement shall be inserted once a week in such newspapers or other publication, or both, as will ensure adequate publicity, the first insertion to be at least two weeks prior to the opening of bids, the second to follow one week after the first publication. Such advertisement shall include but not be limited to the following items:
(i) A description sufficient to enable the public to identify the property; (ii) The time and place for submission and opening of sealed bids; (iii) The right of the department or the county or municipality to reject any one or all of the bids; (iv) All the conditions of sale; and (v) Such further information as the department or the county or municipality may deem advisable as in the public interest. (2)(A) Such sale of property may be made by the department or a county or municipality by listing the property through a real estate broker licensed under Chapter 40 of Title 43 who has a place of business located in the county where the property is located or outside the county if no such business is located in the county where the property is located. Property shall be listed for a period of at least three months. Such property shall not be sold at less than its fair market value. The department shall use a real estate appraiser with knowledge of the local real estate market who is licensed in Georgia and not an employee of the department to establish the fair market value of the property prior to listing such property. All sales shall be approved by the commissioner on behalf of the department or shall be approved by the governing authority of the county or municipality at a regular meeting and that shall be open to the public at which meeting, and public comments shall be allowed at such meeting regarding such sale. (B) Commencing at the time of the listing of the property as provided in subparagraph (A) of this paragraph, the department, county, or municipality shall provide for a notice to be inserted once a week for two weeks in the legal organ of the county indicating the names of real estate brokers listing the property for the political subdivision. The department, county, or municipality may advertise in magazines relating to the sale of real estate or similar publications. (C) The department, county, or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1) of this subsection. (3)(A) Such sale of property may be made by the department, a county, or a municipality to the highest bidder at a public auction conducted by an auctioneer licensed under Chapter 6 of Title 43. Such property shall not be sold at less than its fair market value. (B) The department, county, or municipality shall provide for a notice to be inserted once a week for the two weeks immediately preceding the auction in the legal organ of the county including, at a minimum, the following items: (i) A description sufficient to enable the public to identify the property; (ii) The time and place of the public auction;
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(iii) The right of the department or the county or municipality to reject any one or all of the bids; (iv) All the conditions of sale; and (v) Such further information as the department or the county or municipality may deem advisable as in the public interest. The department, county, or municipality may advertise in magazines relating to the sale of real estate or similar publications. (C) The department, county, or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1) or (2) of this subsection. (c) Any conveyance of property shall require the approval of the department, county, or municipality, by order approval of the commissioner on behalf of the department and, in the case of a county or municipality, by resolution, to be recorded in the minutes of its meeting. If the department or the county or municipality approves a sale of property, the commissioner, chairperson, or presiding officer may execute a quitclaim deed conveying such property to the purchaser. All proceeds arising from such sales shall be paid into and constitute a part of the funds of the seller."
SECTION 4. Said title is further amended in Code Section 32-9-10, relating to the implementation of the federal Intermodal Surface Transportation Efficiency Act of 1991, by revising subsection (a) and adding new subsections to read as follows:
"(a) The purpose of this Code section is to implement Section 3029 of Public Law 102240, the federal Intermodal Surface Transportation Efficiency Act of 1991, the federal Public Transportation Safety Program, 49 U.S.C. Section 5329, referred to in this Code section as the act." "(g) Nothing in this Code section is intended to conflict with any provision of federal law; and, in case of such conflict, such portion of this Code section as may be in conflict with such federal law is declared of no effect to the extent of the conflict. (h) The department is authorized to take the necessary steps to secure the full benefit of the federal-aid program and meet any contingencies not provided for in this Code section, abiding at all times by a fundamental purpose to perform all acts which are necessary, proper, or incidental to the efficient and safe operation and development of the department and the state highway system and of other modes and systems of transportation."
SECTION 5. Said title is further amended by adding a new Code section to read as follows:
"32-3-3.1. (a) When rights of way or real property or interests therein are acquired by a state agency, county, or municipality for public road purposes and an outdoor advertising sign permitted by the state in accordance with Part 2 of Article 3 of Chapter 6 of this title and a local county or municipal ordinance, which has not lapsed and is in good
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standing, is located upon such property, the outdoor advertising sign may be relocated or reconstructed and relocated through agreement of the owner of the property and owner of the outdoor advertising sign, if such owners do not refer to the same person, so long as the new location:
(1) Is within 250 feet of its original location, provided that the new location meets the requirements for an outdoor advertising sign provided in Part 2 of Article 3 of Chapter 6 of this title; (2) Is available to the owner of the outdoor advertising sign and is comparable to the original location, as agreed upon by the owner of the outdoor advertising sign and the department; (3) Does not result in a violation of federal or state law; and (4) Is within zoned commercial or industrial areas or unzoned commercial or industrial areas as defined in Code Section 32-6-71. (b) An outdoor advertising sign relocated as provided for in subsection (a) of this Code section may be adjusted in height or angle or both in order to restore the visibility of the sign to the same or a comparable visibility which existed prior to acquisition by a state agency, county, or municipality, provided that the height of such relocated sign shall not exceed the greater of the height of the existing sign or 75 feet, as measured from the base of the sign or the crown of the adjacent roadway to which the sign is permitted, whichever is greater. (c) For any federal aid project or any project financed in whole or in part with federal funds, the actual costs of relocation or reconstruction and relocation of an outdoor advertising sign relocated as provided for in subsection (a) of this Code section shall be paid by the department. For any project not financed in whole or in part with federal funds, the actual costs of relocation or reconstruction and relocation shall be paid by the owner of the outdoor advertising sign. (d) If no relocation site that meets the requirements of paragraphs (1) through (4) of subsection (a) of this Code section exists, just and adequate compensation shall be paid by the department to the owner of the outdoor advertising sign. (e) If a sign is eligible to be relocated as provided for in subsection (a) of this Code section but such new location would result in a conflict with local ordinances in the city or county of applicable jurisdiction and no variance or other exception is granted to allow relocation as requested by the owner of the outdoor advertising sign, just and adequate compensation shall be paid by the local governing authority to the owner of the outdoor advertising sign. However, no compensation resulting from the denial of a variance or exception by a local governing authority for an outdoor advertising sign eligible for relocation under this Code section shall be paid either directly or indirectly by the department."
SECTION 6. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-6-331, relating to designation of PTV paths, licensing
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requirements and operating standards of PTVs, local immunity, signage, and street crossing, by adding a new subsection to read as follows:
"(e)(1) Regardless of whether a local ordinance has been approved regarding the use of PTVs, delivery personnel for a commercial delivery company which has at least 10,000 persons employed in this state may operate PTVs within a residential subdivision with speed limits of 25 miles per hour or less, provided that any PTV utilized by a commercial delivery company shall:
(A) Include the equipment required in subsection (a) of Code Section 40-6-330.1; (B) Be marked in a conspicuous manner with the name of the commercial delivery company; (C) Be operated by a person with a valid driver's license; and (D) Be utilized only for the delivery of envelopes and packages with a maximum size of 130 inches for the combined length and girth and with a weight no greater than 150 pounds per package. (2) Any commercial delivery company utilizing PTVs under this subsection shall remit a $50.00 fee every five years to each local authority where a PTV is operated along with a signed statement that such commercial delivery company operates PTVs within the jurisdiction of such local authority. (3) Notwithstanding any other provision of law to the contrary, any person operating a PTV under this subsection shall be granted all the rights and shall be subject to all the duties applicable to a driver of any other vehicle under this chapter; provided, however that subsection (b) of Code Section 40-6-315 shall not be applicable to the operator of a PTV under this subsection. (4) Any PTV authorized to operate pursuant to this subsection shall not pull multiple trailers. Such PTVs shall be limited to pulling one trailer or cargo platform and be limited to hauling weight no greater than the carrying capacity of the PTV as determined by the manufacturer."
SECTION 7. Said title is further amended by revising Code Section 40-9-31, relating to the submission of accident reports to the Department of Driver Services and the Department of Transportation, as follows:
"40-9-31. Each state and local law enforcement agency shall submit to the Department of Transportation the original document of any accident report prepared by such law enforcement agency or submitted to such agency by a member of the public. If the Department of Driver Services receives a claim requesting determination of security, the Department of Transportation shall provide a copy or an electronic copy of any relevant accident reports to the Department of Driver Services. Any law enforcement agency may transmit the information contained on the accident report form by electronic means, provided that the Department of Transportation has first given approval to the reporting agency for the electronic reporting method utilized. The law enforcement agency shall retain a copy of each accident report. Any law enforcement
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agency that transmits the data by electronic means must transmit the data using a nonproprietary interchangeable electronic format and reporting method. For purposes of this Code section, the term 'nonproprietary' shall include commonly used report formats. All such reports shall be submitted to the Department of Transportation within 14 days when electronically submitted and when not electronically submitted not more than 15 days following the end of the month in which such report was prepared or received by such law enforcement agency. The Department of Transportation is authorized to engage the services of a third party in fulfilling its responsibilities under this Code section."
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 E Allison
Anderson Y Atwood Y Ballinger
Barr Y Battles E Beasley-Teague Y Bell Y Belton E Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick
Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon
Dukes Dunahoo Y Duncan Y Ealum Y Efstration Ehrhart Y England Y Epps Y Evans N Fleming Y Floyd Fludd Y Frazier E Frye Gardner Y Gasaway E Geisinger Y Glanton
E Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, J.B. E Jones, L
Jones, S Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin
Y Meadows Y Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea E Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey
Randall Y Reeves Y Rhodes Y Rice Y Roberts
Rogers, C Y Rogers, T Y Rutledge Y Rynders
Y Smith, E Smith, L Smith, M
Y Smith, R Smyre Spencer
Y Stephens, M Y Stephens, R
Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin
Taylor, D Y Taylor, T Y Teasley
Thomas, A.M. Thomas, E Y Trammell Y Turner Y Waites Y Watson Welch Weldon Y Werkheiser Y Wilkerson Y Wilkinson N Willard Y Williams, A
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Y Clark, D Y Clark, H
Clark, V Y Coleman E Cooke
Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Martin Y Maxwell
Mayo Y McCall Y McClain
Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Williams, C Y Williams, E E Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 137, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 88.
By Senators Jones of the 25th, Hill of the 6th, Mullis of the 53rd, Jeffares of the 17th, Burke of the 11th and others:
A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for the payment of wages by credit to a payroll card; to change certain provisions relating to payment of wages by lawful money, checks, or credit transfer and selection of payment dates by employers; to require employers to offer employees certain choices and information relating to the payment of wages; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for the payment of wages by credit to a payroll card account; to provide for a definition; to change certain provisions relating to payment of wages by lawful money, checks, or credit transfer and selection of payment dates by employers; to require employers to offer employees certain choices and information relating to the payment of wages; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by revising Code Section 34-7-2, relating to payment of wages by lawful money, checks, or credit transfer and selection of payment dates by employer, as follows:
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"34-7-2. (a) As used in this Code section, the term 'payroll card account' means an account that is directly or indirectly established through a person, firm, or corporation employing wageworkers or other employees and to which electronic fund transfers of the wages or salary of such employees are made on a recurring basis, whether the account is operated or managed by such person, firm, or corporation or a third-party payroll processor, a depository institution, or any other person. (b) Every person, firm, or corporation, including steam and electric railroads, but not including farming, sawmill, and turpentine industries, employing skilled or unskilled wageworkers in manual, mechanical, or clerical labor, including all employees except officials, superintendents, or other heads or subheads of department departments who may be employed by the month or year at stipulated salaries, shall make wage and salary payments to such employees or to their authorized representatives (1) by lawful money of the United States, (2) by check, or (3) with the consent of the employee, by authorization of electronic credit transfer to his or her account with a bank, trust company, or other financial institution authorized by the United States or one of the several states to receive deposits in the United States, or (4) by credit to a payroll card account. Such payments shall be made on such dates during the month as may be decided upon by such person, firm, or corporation; provided, however, that the dates so selected shall be such that the month will be divided into at least two equal periods; and provided, further, that the payments made on each such date shall in every case correspond to the full net amount of wages or earnings due the employees for the period for which the payment is made. (c) A person, firm, or corporation that elects pursuant to subsection (b) of this Code section to make wage and salary payments by using credit to a payroll card account shall provide the employee with each of the following:
(1) A written explanation of any fees associated with the payroll card account offered to the employee. For all employees employed on the date a person, firm, or corporation elects to make such wage and salary payments by using credit to a payroll card account, such written explanation shall be provided at least 30 days prior to the date such payroll card account is to become available. For any employee hired after the date of such election, the written explanation shall be provided at the time of hiring. A form shall be provided simultaneously with the written explanation of fees allowing employees to opt out of receiving such payments as credit to a payroll card account as provided in paragraphs (2) and (3) of this subsection. Such form shall also be made generally available to employees; (2) The ability to opt out of receiving such payments as credit to a payroll card account by submitting in writing a request for a check; and (3) The ability to opt out of receiving such payments as credit to a payroll card account by providing the proper designation and authorization for an electronic credit transfer."
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SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison
Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton E Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick
Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V
Coleman E Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier E Frye
Gardner Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
E Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea E Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey
Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders
Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Smith, E Y Smith, L
Smith, M Y Smith, R
Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin
Taylor, D Y Taylor, T Y Teasley
Thomas, A.M. Thomas, E Y Trammell Y Turner Y Waites Y Watson Welch Weldon Y Werkheiser 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 145, nays 0.
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The Bill, having received the requisite constitutional majority, was passed, by substitute.
SR 266. By Senators Jeffares of the 17th, Harbison of the 15th, Albers of the 56th and Kennedy of the 18th:
A RESOLUTION authorizing the conveyance of certain state owned real property; authorizing the conveyance of certain state owned real property; authorizing the leasing of certain state owned real properties; authorizing the ground lease of certain state owned real property; authorizing the conveyance of a real property interest in Paulding County; authorizing the leasing of certain state owned real property located in Troup County; authorizing the conveyance of certain state owned real property located in Upson County; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Appling County; authorizing the conveyance of certain state owned real property located in Baldwin County; authorizing the conveyance of certain state owned real property located in Cherokee County; authorizing the conveyance of certain state owned real property located in Clinch County; authorizing the conveyance of certain state owned real property located in Douglas County; authorizing the conveyance and leasing of certain state owned real properties located in Fulton County; authorizing the ground lease of certain state owned real property located in Gordon County; authorizing the conveyance of certain state owned real property located in Hall County; authorizing the conveyance of certain state owned real property located in Lamar County; authorizing the leasing of certain state owned real property located in Meriwether County; authorizing the leasing of certain state owned real property located in Monroe County; authorizing the conveyance of a real property interest in Paulding County; authorizing the conveyance of certain state owned real property located in Sumter 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 Thomas County; authorizing the leasing of certain state owned real property located in Troup County; authorizing the conveyance of certain state owned real property located in Upson County; to provide an effective date; to repeal conflicting laws; 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; and
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(2) Said real property is all that parcel or tract being approximately 49.77 acres of state property lying and being in Land Lots 331 and 342, 2nd Land District, Appling County, Georgia, acquired by virtue of General Warranty Deed between Appling County, Georgia, as the grantor, and the State of Georgia as the grantee, dated January 29, 1997, for consideration of $10.00 as recorded in Deed Book 299, Pages 460-474 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 inventoried as Real Property Record (RPR) # 08975, and accompanying plat recorded in Plat Book 14, Page 14 in the Office of the Clerk of the Superior Court of Appling County, Georgia, and being on file in the offices of the State Properties Commission; and (3) Said property is under the custody of the Technical College System of Georgia as the former site of Altamaha Technical College; and (4) By letter of January 23, 2014, the chairman of the Development Authority of Appling County requested that 0.44 acres of the property be conveyed to the Authority when surplus to the State's use, for the widening of U. S. Highway 341; and (5) By resolution dated February 6, 2014, the Technical College System of Georgia declared the 0.44 acres of real property surplus to its current and future needs, and resolved to surplus the above described property so that Appling County could improve U.S. Highway 341; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Baldwin County, Georgia; and (2) Said real property is all that parcel being approximately 12.20 acres lying and being in Land Lots 220, 221, 222, 223, 240, 241, 242, 243, 245, 246, 247, and 264, 5th Land District of originally Wilkinson County, and now the 1714th Militia District, Baldwin County, Georgia, as described in that September 21, 1954 Warranty Deed from B.T. Bethune and C.A. Hamilton, as grantor, and the State of Georgia, as the grantee, for consideration of $10.00 as recorded in Deed Book 46, Pages 370-371 in the Office of the Clerk of Superior Court of Baldwin County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 00035, as modified by that Executive Order dated February 15, 1952 transferring 619.5 acres from the State Department of Public Welfare to the Georgia Forestry Commission and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 004380, and that Executive Order dated November 19, 1970, transferring the custody of approximately 12.11 acres lying and being in Land Lots 253 and 264 of the 1st Land District, 321st G.M.D. Baldwin County, Georgia, out of the 619.5 acres from the Georgia Forestry Commission to the Georgia Department of Public Safety and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 004622; and (3) Said property is under the custody of the Georgia Department of Public Safety; and
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(4) By official action, the Georgia Department of Public Safety declared the property surplus to its needs; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Cherokee County, Georgia; and (2) Said property is all that parcel or tract being approximately 1,956.48 acres of state property lying and being in Land Lots 160, 161, 199, 200, 233, 234, 271, and 276 of the 3rd and 4th Land District, 2nd Section, Cherokee County, Georgia acquired by virtue of Limited Warranty Deed between Georgia Power Company as the grantor and the State of Georgia as the grantee, dated February 5, 2010, for consideration of $10.00 as recorded in Deed Book 10924, Page 185 in the Office of the Clerk of Superior Court of Cherokee County, Georgia and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 010756, and accompanying Plat recorded in Plat Book 185, Page 191 in the Office of the Clerk of Superior Court of Cherokee County, Georgia, and being on file in the offices of the State Properties Commission; and (3) Said property is under the custody of the Georgia Department of Natural Resources; and (4) By letter of February 15, 2013, the Georgia Department of Transportation requested that approximately 8.9 acres of the property be conveyed in fee simple and a nonexclusive easement of approximately 0.09 of an acre be conveyed to the Georgia Department of Transportation for bridge replacement and realignment of SR 372 at Etowah River GDOT Project: P.I. No.: 642400; and (5) By resolution dated January 31, 2014, the Department of Natural Resources declared the 8.9 acres of real property surplus to its current and future needs, and resolved to surplus the above described property and support the granting of an easement of 0.09 acres so that the Department of Transportation could improve SR 372; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Clinch County, Georgia; and (2) Said real property is all that parcel or tract being approximately 16.14 acres lying and being in Land Lot 497 of the 7th Land District, Clinch County, Georgia, acquired by virtue of a Fee Simple Deed Without Warranty between the City of Homerville, Georgia, as the grantor, and the State of Georgia, as the grantee, dated February 1, 1999, for consideration of $1.00 as recorded in Deed Book 3Y, Page 83 in the Office of the Clerk of Superior Court of Clinch County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 07904, and accompanying plat as recorded in the Office of the Clerk of the Superior Court of Clinch County, Georgia, and being on file in the offices of the State Properties Commission; and
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(3) Said property is under the custody of the Georgia Department of Corrections; and (4) By resolution dated November 5, 2009, the Georgia Board of Corrections declared the property surplus to its needs; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Douglas County, Georgia; and (2) Said property is all that parcel or tract being approximately 0.81 of an acre lying and being in Land Lot 48 of the 1st District, Douglas County, Georgia, acquired by virtue of General Warranty Deed between First Baptist Church of Douglasville, Inc., as the grantor and the State of Georgia as the grantee, dated August 11, 1993, for consideration of $646,000.00, as recorded in Deed Book 828, Page 596 in the Office of the Clerk of Superior Court of Douglas County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 008470, and accompanying plat recorded in the Office of the Clerk of the Superior Court of Douglas County, Georgia and being on file in the offices of the State Properties Commission; and (3) Said property is under the custody of the Technical College System of Georgia; and (4) By resolution dated November 5, 1998, the Technical College System of Georgia declared the 0.81 of an acre of real property surplus to its current and future needs and resolved to surplus the above described property to Douglas County, Georgia, in order for the county to realign Timber Ridge Road; and
WHEREAS: (1) The State of Georgia intends to purchase from the Georgia United Credit Union a certain parcel of improved real property located at 400 Whitehall Street S.W., Atlanta, in Fulton County, Georgia; and (2) Said property will be the future site of the Department of Driver Services Center; and (3) Upon the state's purchase of the property, said property will be in the custody of the Department of Driver Services and will be used as the site for the Department of Driver Services Center; and (4) Subsequent to the state's purchase of the property, the Georgia United Credit Union is desirous of leasing approximately 3,000 square feet, including 20 parking spaces, for use as a financial office and ATM location for a term of five years with two five-year options at an annual rental amount of $42,000.00, or $14 per square foot, said rental amount being subject to an escalation of 2.5% annually; and (5) The Department of Driver Services has no objection to the leasing of the above described property; and
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WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property known as the Geo. L. Smith II Georgia World Congress Center, located in Fulton County, Georgia; and (2) Said property is all that tract consisting of three parcels of land (lease area) lying and being in Land Lots 78, 82, 83, and 84 of the 14th Land District of Fulton County containing approximately 13 acres; which descriptions and records of said parcels are 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; and (3) The above described real property comprises a portion of the Georgia World Congress Center campus which is in the custody of the Department of Economic Development and managed by the Geo. L. Smith II Georgia World Congress Center Authority (the authority) through that certain management agreement dated April 8, 1974, as subsequently amended; and (4) The Department of Economic Development, by and through the authority, desires the state to ground lease to the authority the lease area for a term of forty years with two renewal options of five years each, provided that specified stipulations and terms and conditions may be imposed as the State Properties Commission may determine to be in the best interest of the State of Georgia; and (5) The Department of Economic Development, by and through the authority, also requests the granting of nonexclusive permanent utility, access, and service easements on or through the lease area or such appurtenant easements for the term of the ground lease, which said easements may be more particularly described on plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and
WHEREAS: (1) The State of Georgia is the owner in fee simple of a certain parcel of real property located in Fulton County, Georgia; and (2) Said real property is all that tract or parcel of land lying and being in Land Lot 77, 14th Land District, containing approximately 1.0 acre of ground and air rights known as 7 Wall Street or Plaza Park and being a portion of the state owned Western and Atlantic Railroad, and which may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; and (3) Said property is under the custody of the State Properties Commission; and (4) By official action the Executive Director of the State Properties Commission declared the property surplus to its needs; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Fulton County, Georgia; and
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(2) Said real property is all that parcel composed of two tracts totaling approximately 1.7853 acres lying and being in Land Lot 106 of the 14th Land District, Fulton County, Georgia, acquired by virtue of Quitclaim Deed between the Georgia Building Authority, as the grantor, and the State of Georgia, as the grantee, dated March 28, 1997, for consideration of $1.00 as recorded in Deed Book 22664, Pages 001-006 in the Office of the Clerk of Superior Court of Fulton County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 009046, and accompanying plat as recorded in the Office of the Clerk of the Superior Court of Fulton County, Georgia, and being on file in the offices of the State Properties Commission; and (3) Said property is commonly known as the Gateway Probation Office and Day Report Center and is under the custody of the Georgia Department of Corrections; and (4) By official action, the Georgia Board of Corrections declared the property surplus to its needs; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Gordon County, Georgia; and (2) Said property is all that parcel or tract being approximately 204 acres lying and being in Land Lots 124 and 125, 14th District, 3rd Section, Gordon County, Georgia, acquired by virtue of Warranty Deed between New Echota-Cherokee Foundation, Inc., as the grantor and the State of Georgia as the grantee, dated November 9, 1956, as recorded in Deed Book 38, Page 103 in the Office of the Clerk of Superior Court of Gordon County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 00698; and (3) The Calhoun Elks Home, Inc. previously leased an approximately 20.1 acre area of the above described property beginning on May 6, 1969, for a 20 year period and leased the same area for another 20 year period from May 6, 1989; and (4) It was recognized by the General Assembly in 2009, Act 96 (S.R. 294) that State Route 225 on the southern boundary of the Calhoun Elks Home Inc.'s lease area is a dangerous road leading to an unsafe bridge at Highway 225 and the Coosawattee River in Gordon County, and the General Assembly authorized an easement to Georgia Department of Transportation for the Project PI 631570 for the realignment and repair of the unsafe bridge and a lease to the Calhoun Elks Home, Inc., of up to 14.6 acres for a period of ten years; and (5) It has since been determined the area of the above described real property to be leased to the Calhoun Elks Home, Inc., will be approximately 14.6 acres, and the consideration for the remainder of the ten year lease term is requested to be $650.00 annually; and (6) The Calhoun Elks Home, Inc., is desirous of leasing the above described lease area in order to continue operation of a golf course; and
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WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Hall County, Georgia; and (2) Said real property is all that tract or parcel of land lying and being in Oakwood Militia District, Land Lot 45, 8th Land District, Hall County, Georgia, containing a total of approximately 10.73 acres as conveyed by Warranty Deed from the Georgia Poultry Improvement Association, Inc., to Phil Campbell, Commissioner of Agriculture, on August 28, 1961 and recorded by the Clerk of Superior Court of Hall County, Georgia, in Deed Book 237 Pages 471-480, and shown on a plat of survey dated April 14, 1960 prepared by Newton-Newton & Associates, and recorded by the Clerk of Superior Court of Hall County, Georgia, in Plat Book 24 Page 123, and on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 01705; those Quitclaim Deeds of September 1961 for the same property between Mrs. U. S. Odell, Sr. et al, Mrs. Loyd B. Odell and Doyle T. Odell, as grantors, and Phil Campbell, Commissioner of Agriculture, as grantee and recorded in Deed Book 238 Pages 613-14 and Deed Book 239 Pages 673-674, respectively, and on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 01750.3 and # 01750.2, respectively; and a Fee Simple Guardian's Deed for the same 10.73 acres dated October 21, 1961 conveying for $45 consideration from Ronald Lee Odell and Lana Louise Odell, minors, acting through their legally appointed and qualified guardian, Mrs. Loyd B. Odell, as grantors, their contingent conditional reversionary interest and title to Phil Campbell, Commissioner of Agriculture, as grantee, and recorded in Deed Book 239, pages 675-678 in the Office of the Clerk of Superior Court of Hall County, Georgia, and on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 017050.4; and which may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; and (3) Said property is the former site of the Oakwood Poultry Laboratory and is under the custody of the Georgia Department of Agriculture; and (4) By letter dated January 26, 2015, the Commissioner of Agriculture declared the property surplus to the department's needs; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Lamar County, Georgia; and (2) Said real property is all that parcel or tract being approximately 25.971 acres lying and being in Land Lots 120 and 121 of the 7th Land District, Lamar County, Georgia, acquired by virtue of Fee Simple Deed Without Warranty between the Lamar County Board of Commissioners, as the grantor, and the State of Georgia, as the grantee, dated June 29, 1994, for consideration of $260,000.00 as recorded in Deed Book 169, Page 183 in the Office of the Clerk of Superior Court of Lamar County, Georgia, and being on file in the offices of the State Properties Commission
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inventoried as Real Property Record (RPR) # 08691, and accompanying plat as recorded in the Office of the Clerk of the Superior Court of Lamar County, Georgia, and being on file in the offices of the State Properties Commission; and (3) Said property is under the custody of the Georgia Department of Defense; and (4) By official action, the Georgia Department of Defense declared the property surplus to its needs; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Meriwether County, Georgia; and (2) Said real property is approximately 912.295 acres and inventoried as the WARM SPRINGS INSTITUTE FOR REHABILITATION in the Real Property Record (RPR) as BLLIP PROPERTY ID # 72810 as of January 16, 2015; and (3) A portion of said property is a parcel described on a drawing entitled ROOSEVELT WARM SPRINGS INSTITUTE FOR REHABILITATION - GOLF COURSE and consists of approximately 102.48 acres of land lying and being in Meriwether County, said acreage being revised from 55 acres as was previously approved under Act 595 of the 2014 Session of the Georgia General Assembly (SR 788), and which may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor to be presented to the State Properties Commission for approval; and (4) Said property is in the custody of the Georgia Vocational Rehabilitation Agency; and (5) The Georgia Vocational Rehabilitation Services Board, by official action dated March 12, 2014, approved the granting of a ground lease and an access easement on the golf course for ten years to The Warrior Alliance, a 501(c)(3) corporation under the umbrella of the Georgia-based 501(c)(3) non-profit Healthcare Institute for National Renewal and Innovation (HINRI), which would operate the golf course as a vocational rehabilitation training program; and (6) The consideration for the ground lease would be $10.00 per year of the term and the provision of such training and support services such as golf course construction, engineering, agronomy, golf course maintenance and operation, landscape architecture, horticulture and hospitality management, and such related public purposes and career conversions while restoring, maintaining, and operating the Golf Course; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in Monroe County, Georgia; and (2) Said real property is all that parcel or tract being approximately 42.085 acres of state property lying and being in Land Lots 182 and 183, 6th Land District, Monroe County, Georgia, acquired by virtue of Quitclaim Deed between the Georgia Building Authority as the grantor and the State of Georgia as the grantee, dated July 5, 2007,
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for consideration of $1.00 as recorded in Deed Book 1232, Pages 151-156 in the Office of the Clerk of Superior Court of Monroe County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 10322, and accompanying plat recorded in Plat Book 25, Page 220 in the Office of the Clerk of the Superior Court of Monroe County, Georgia; and (3) Said property is in the custody of the Department of Corrections and is located at the Tift College campus headquarters in Forsyth, Monroe County, Georgia. (4) The State of Georgia has leased the 16 square feet of the improved property to Georgia United Credit Union since July 14, 2011, for a consideration of $600.00 annually; and (5) Georgia United Credit Union is desirous of leasing the above described property for a term of ten years for a consideration of $600.00 per year; and (6) The Department of Corrections has no objection to the leasing of the above described property; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Paulding County, Georgia; and (2) Said real property is all that parcel or tract being approximately 2,848 acres of state property lying and being in the 18th Land District, 3rd Section, consisting of Land Lots 246-249, 256-259, 317-323, 325-331, 333-334, 387-405, 459, 461-467, 469-479, 535-544, 609-612, and 615, and in the 3rd Land District, 3rd Section, consisting of Land Lots 433-435, 500-504, and 507, said real property acquired by virtue of an Executor's Deed from the Estate I. M. Sheffield, Jr., dated March 21, 1991, for consideration of $1,951,056.00, as recorded in Deed Book 224, Pages 73-80 and Plat Book 21, Pages 23-25 in the Office of the Clerk of Superior Court of Paulding County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 08106; and (3) Said real property is under the custody of the Georgia Department of Natural Resources as the Sheffield Wildlife Management Area; and (4) An appurtenant ingress-egress easement of approximately 0.7 of an acre for pedestrian, vehicular, and utilities use from four members of the Lee family was included in the transaction of the Deed, said easement being in Land Lots 613-614 and 684-685 of the 18th District, 3rd Section and in Land Lots 720-721 of the 3rd District, 3rd Section and recorded in Deed Book 224, Pages 81-87, and in Plat Book 21, Page 26, and inventoried in the State Properties Commission as Real Property Record (RPR) #08107; and (5) The Department never used the above described easement and instead used an existing private road, called Lee Road, which crossed Lee family property; and (6) Lee Road needs a culvert repaired, and The Nature Conservancy has a grant to replace the culvert with a bridge which requires that Lee Road be made a public road; and (7) Paulding County intends to dedicate Lee Road as a county road; and
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(8) On December 2, 2014, the Board of Natural Resources requested that the 0.7 acres easement to the state be conveyed to the Lee family in exchange for the Lee family's conveyance of approximately one acre to Paulding County for dedication of Lee Road as a public road such that the Department of Natural Resources may have permanent improved access to the Sheffield Wildlife Management Area; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Sumter County, Georgia; and (2) Said real property is all that parcel or tract totaling approximately 11.561 acres of state property lying and being in Land Lots 117, 124, and 147, of the 27th Land District, Sumter County, Georgia, acquired by virtue of four General Warranty Deeds, between: 1. Sheffield Hardware Company, as the grantor, and the State of Georgia, as the grantee, dated March 12, 1953, for 1.5 acres for consideration of $10.00 as recorded in Deed Book 46, Page 56 in the Office of the Clerk of Superior Court of Sumter County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 03567, and accompanying plat recorded in Plat Book 1, Page 106 in the Office of the Clerk of the Superior Court of Sumter County, Georgia, and being on file in the offices of the State Properties Commission; 2. Sheffield Hardware Company, as the grantor, and the State of Georgia, as the grantee, dated January 22, 1949, for 1.3 acres for consideration of $1.00 as recorded in Deed Book 39, Page 6 in the Office of the Clerk of Superior Court of Sumter County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 001211, and accompanying plat recorded in Plat Book 1, Page 106 in the Office of the Clerk of the Superior Court of Sumter County, Georgia, and being on file in the offices of the State Properties Commission; 3. R.L. Cantey, as the grantor, and the State of Georgia, as the grantee, dated January 27, 1954, for 5 acres for consideration of $10.00 as recorded in Deed Book 47, Page 128 in the Office of the Clerk of Superior Court of Sumter County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 01212.01, said acreage being modified to 4.662 acres by that Deed of Correction dated July 8, 1954 and filed in Deed Book 47, Page 225 and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 01212.02 and accompanying plat recorded in Plat Book 1, Page 152 in the Office of the Clerk of the Superior Court of Sumter County, Georgia, and being on file in the offices of the State Properties Commission; 4. R.L. Cantey, as the grantor, and the State of Georgia as the grantee, dated July 8, 1954, for 4.099 acres for consideration of $10.00 as recorded in Deed Book 48, Page 292 in the Office of the Clerk of Superior Court of Sumter County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 01212.03, and accompanying plat recorded in Plat Book 1, Page 152 in the Office of the Clerk of the
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Superior Court of Sumter County, Georgia, and being on file in the offices of the State Properties Commission; and; (3) Said property is under the custody of the Georgia Department of Defense as the former site of the Sumter Armory and Annex; and (4) By official action dated February 18, 2015, the Georgia Department of Defense declared the property surplus to its current and future needs, and resolved to surplus the above described property; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Tattnall County, Georgia; and (2) Said improved real property is all that parcel or tract being approximately 1.5 acres lying and being in 1432nd G.M. District, Tattnall County, Georgia, commonly known as the Tattnall Institute Building and the Allied Health Building at Southeastern Technical College-Glennville Campus, acquired by virtue of General Warranty Deed between the City of Glennville, Georgia, as the grantor, and the State of Georgia, as the grantee, dated June 14, 2001, for consideration of $10.00 as recorded in Deed Book 432, Pages 451-453 in the Office of the Clerk of Superior Court of Tattnall County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 09498, and accompanying plat as recorded in the Office of the Clerk of the Superior Court of Tattnall County, Georgia, and being on file in the offices of the State Properties Commission; and (3) Said property is under the custody of the Technical College System of Georgia; and (4) By official action dated October 30, 2014, the Technical College System of Georgia declared the improved property surplus to its needs; and (5) The City of Glennville seeks to acquire the improved property for fair market value; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Tattnall County, Georgia; and (2) Said unimproved real property is all that parcel or tract being approximately 3.5 acres lying and being in 1432nd G.M. District, Tattnall County, Georgia, consisting of both a parking lot and a vacant lot and being part of the Southeastern Technical College-Glennville Campus, acquired by virtue of General Warranty Deed between the City of Glennville, Georgia, as the grantor, and the State of Georgia, as the grantee, dated June 14, 2001, for consideration of $10.00 as recorded in Deed Book 432, Pages 451-453 in the Office of the Clerk of Superior Court of Tattnall County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 09498, and accompanying plat as
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recorded in the Office of the Clerk of the Superior Court of Tattnall County, Georgia, and being on file in the offices of the State Properties Commission; and (3) Said property is under the custody of the Technical College System of Georgia; and (4) By official action dated October 30, 2014, the Technical College System of Georgia declared the unimproved property surplus to its needs; and (5) The City of Glennville seeks to acquire the unimproved property for consideration of $10.00 and a covenant of perpetual public use; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Thomas County, Georgia; and (2) Said improved property consists of: approximately 214.413 acres of improved State property lying and being in Land Lots 5, 6, 41, and 42, 13th Land District, Thomas County, Georgia as described in that June 14, 1966 Quitclaim Deed from the United States of America recorded in Deed Book 27, Pages 625-645 in the Office of the Clerk of Superior Court of Thomas County, Georgia and on file in the offices of the State Properties Commission as Real Property Record # 03432; and approximately 18.401 acres of improved State property lying and being in Land Lots 41, and 42, 13th Land District, Thomas County, Georgia as described in that August 8, 1973 Quitclaim Deed from the United States of America recorded in Deed Book 75, Pages 625-611 in the Office of the Clerk of Superior Court of Thomas County, Georgia and on file in the offices of the State Properties Commission as Real Property Record # 04927; less and except approximately 1.92 acres transferred by Executive Order on June 3, 1991 under the custody of the Georgia Bureau of Investigation and on file in the offices of the State Properties Commission as Real Property Record # 08123; less and except approximately 8 acres in Land Lot 5 of the 13th Land District under the custody of Department of Juvenile Justice and described in a survey dated August 4, 1983 by Georgia Registered Land Surveyor Jesse Collins, Jr. of Tribble and Richardson, Inc. on file in the offices of the State Properties Commission; and said property may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; and (3) Said property is under the custody of the Georgia Department of Behavioral Health and Developmental Disabilities; and (4) By official action dated February 5, 2014, the Georgia Department of Behavioral Health and Developmental Disabilities declared the property surplus to its needs; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in Troup County, Georgia; and (2) Said real property is all that parcel or tract being approximately 81.806 acres of state property lying and being in Land Lots 178 and 179, 6th Land District, Troup
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County, Georgia, acquired by virtue of Limited Warranty Deed between Southeast Office Partners, 32, LLC, as the grantor and the State of Georgia as the grantee, dated December 16, 2005, for consideration of $4,200,000.00, as recorded in Deed Book 1303, Pages 93-95 in the Office of the Clerk of Superior Court of Troup County, Georgia, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 10173, and accompanying plat recorded in Plat Book 71, Page 128 in the Office of the Clerk of the Superior Court of Troup County, Georgia, and being on file in the offices of the State Properties Commission; and (3) Said improved property is in the custody of the Technical College System of Georgia on a portion of the West Georgia Technical College's LaGrange campus; and (4) The Troup County School System is desirous of leasing a 50,377 square foot portion of Building G (formerly known as the Raytheon Building) located on the above described property for use by thINC College and Career Academy as a career academy, for a five year term with one renewal option of five years at an annual rental amount of $10.00; and (5) The Technical College System of Georgia has no objection to the leasing of the above described property; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Upson County, Georgia; and (2) Said real property is comprised of three adjacent tracts consisting of approximately 1.13 acres of state property located at 2394 Yatesville Highway in Thomaston, acquired from the Upson County Board of Commissioners for the Georgia Forestry Commission's Upson County Unit lying and being in Land Lot 112 of the 10th District of Upson County and more particularly described as: Tract B of 0.579 acres in a fee simple deed dated January 16, 1960, and recorded in Deed Book 170 Page 14 and inventoried as Real Property Record (RPR) #01368 in the offices of the State Properties Commission and accompanying plat as recorded in Plat Book 2, Page 37 in the Office of the Clerk of Superior Court of Upson County; and Tracts A and C totaling 0.551 acres in a fee simple deed dated December 9, 2002, and recorded in Deed Book 836, Pages 55-56 and inventoried as Real Property Record (RPR) #10757 in the offices of the State Properties Commission and accompanying plat as recorded in Plat Book 26, Page 170 in the Office of the Clerk of Superior Court of Upson County; and which 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; and (3) The above described property is in the custody of the Georgia Forestry Commission; and (4) The Georgia Forestry Commission has determined by resolution dated May 23, 2012, that the property is surplus to its needs and is available for conveyance to the county; and
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(5) The Georgia Forestry Commission, in a letter dated November 7, 2014, requested that said property be conveyed to the county for $10.00, as part of a property exchange and acknowledged the previous conveyance to the State of Georgia of a 5 acre tract from the county in 2010, on which a new Georgia Forestry Commission Upson Unit was constructed.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I SECTION 1.
That the State of Georgia is the owner of the above described real property in Appling 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 2. That 0.44 acres of the above described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to Appling County or to a local government entity for a consideration of $10.00 so long as the property is used for public purpose and for 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 shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
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, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 6. That custody of the above described property shall remain in the Technical College System of Georgia until the property is conveyed.
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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, by competitive bid for fair market value; or to a local government or state entity for fair market value; or to a local government or state entity for a consideration of $10.00 so long as the property is used for public purpose; and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 9. 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 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 by the grantee in the Superior Court of Baldwin County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 12. That custody of the above described property shall remain in the Department of Public Safety until the property is conveyed.
ARTICLE III SECTION 13.
That the State of Georgia is the owner of the above described real property in Cherokee County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
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SECTION 14. That 8.9 acres of 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 Department of Transportation for a consideration of $58,324.00 to the Department of Natural Resources as a cost to cure the construction of a deceleration lane to enter the boat ramp and for 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 15. 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 16. That the State of Georgia, acting by and through its State Properties Commission may grant to the Georgia Department of Transportation, or its successors or assigns, a nonexclusive permanent easement of 0.09 acres on or through the above described property for realignment of S.R. 372 and bridge replacement. Said easement area shall be particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 17. That the Georgia Department of Transportation, or its successors or assigns, shall have the right to remove or cause to be removed from said easement areas only such trees and bushes as may be reasonably necessary for the proper realignment of S.R. 372 and bridge replacement.
SECTION 18. That after the easement is granted, a subsequent abandonment of the use of the easement 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 grantee, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event those facilities and equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 19. That no title shall be conveyed to the grantee and, except as herein specifically granted in the easement, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Georgia Department of Transportation.
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SECTION 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 an easement area, the easement area should be relocated to an alternate site within state property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and grantee provides, and the State Properties Commission receives and approves in advance of any construction being commenced, a schedule and written estimate for the cost of such removal and relocation. Upon written request from 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 shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 22. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the 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 each easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of each easement area.
SECTION 23. That the consideration for the easement shall not be less than $10.00 and shall be set by the State Properties Commission, and may include 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 the grant of easement shall be recorded by the grantee in the Superior Court of Cherokee County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
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SECTION 25. That the authorization in this resolution to grant the above described easements shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 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.
SECTION 27. That custody of the above described property shall remain in the Department of Natural Resources until the property is conveyed.
ARTICLE IV SECTION 28.
That the State of Georgia is the owner of the above described real property in Clinch 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 29. That the above described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value; or to a local government or State entity for fair market value; or to a local government or State entity for a consideration of $10.00 and payment of any applicable outstanding general obligation bonds and interest so long as the property is used for public purpose; and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia..
SECTION 30. 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 31. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 32. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Clinch County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
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SECTION 33. That custody of the above described property shall remain in the Department of Corrections until the property is conveyed.
ARTICLE V SECTION 34.
That the State of Georgia is the owner of the above described real property located in Douglas 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 35. That 0.81 of an acre portion of the above described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to Douglas County, Georgia, or to a local government entity for a consideration of $10.00 so long as the property is used for public purpose 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 36. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 37. That the authorization in this resolution to convey 0.81 of an acre of 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 38. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Douglas County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 39. That custody of the above described property shall remain in the Technical College System of Georgia until the property is conveyed.
ARTICLE VI SECTION 40.
That the State of Georgia intends to be the owner of the above described improved real property located in Fulton County and that in all matters relating to the leasing of the real property, the State of Georgia is acting by and through its State Properties Commission.
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SECTION 41. That the State of Georgia, acting by and through its State Properties Commission, is authorized, upon the acquisition of the property, to lease approximately 3,000 square feet to Georgia United Credit Union for use as a financial office and ATM location for a term of five years with two five-year options at an annual rental amount of $42,000, or $14.00 per square foot, said rental amount being subject to an escalation of 2.5% annually, and may include such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.
SECTION 42. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.
SECTION 43. That the authorization to lease the above described property shall expire three years after the date this resolution becomes effective.
ARTICLE VII SECTION 44.
That the State of Georgia is the owner of the above described parcels of real property identified as the lease area and that in all matters relating to the ground lease of said real property and the granting of easements related thereto, the State of Georgia is acting by and through its State Properties Commission.
SECTION 45. That the State of Georgia, acting by and through the State Properties Commission, is authorized to ground lease to the authority the lease area for a term of forty years, with two renewal options of five years each, for the consideration of $10.00 and such further consideration, terms, and conditions as determined by the State Properties Commission in its discretion to be in the best interest of the State of Georgia.
SECTION 46. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such ground lease.
SECTION 47. That the ground lease shall be recorded by the lessee in the Superior Court of Fulton County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
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SECTION 48. That the authorization to ground lease the above described property to the authority shall expire three years after the date that this resolution becomes effective.
SECTION 49. That the State of Georgia, acting by and through its State Properties Commission, may grant to various utility companies or entities nonexclusive permanent easements or appurtenant easements on or through the lease area for access or utilities or related uses related to construction, operation, and maintenance thereof. Said easement areas shall be particularly described by respective plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 50. That the various grantees, their successors or assigns, shall have the right to remove or cause to be removed from said easement areas only such trees and bushes as and when approved by the authority and as may be reasonably necessary for the proper installation, operation, and maintenance of said access, utilities, or related uses.
SECTION 51. That after the easements are granted, a subsequent abandonment of the use of each shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, each grantee, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event those facilities and equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 52. That no title shall be conveyed to any grantee and, except as herein specifically granted in each easement, 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 utilities or the authority.
SECTION 53. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of an easement area, the easement area should be relocated to an alternate site within state property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and grantee provides, and the State Properties Commission receives and approves in advance of any construction
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being commenced, a schedule and written estimate for the cost of such removal and relocation. Upon written request from a grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.
SECTION 54. That each easement granted shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 55. 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 each easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of each easement area.
SECTION 56. That the consideration for each easement shall not be less than $10.00 and shall be set by the State Properties Commission, and may include such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 57. That the grant of the easement shall be recorded by the grantee in the Superior Court of Fulton County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 58. That the authorization in this resolution to grant the above described easements shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 59. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of these easement areas.
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ARTICLE VIII SECTION 60.
That the State of Georgia is the owner of the above described real property in Fulton 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 61. That the above described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value; or to a local government or state entity for fair market value; or to a local government or state entity for a consideration of $10.00 so long as the property is used for public purpose; and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 62. 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 63. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 64. That the grantee shall promptly initiate recordation of the deed of conveyance in the Superior Court of Fulton County and promptly forward a recorded copy to the State Properties Commission.
SECTION 65. That custody of the above described property shall remain in the State Properties Commission until the property is conveyed.
ARTICLE IX SECTION 66.
That the State of Georgia is the owner of the above described real property in Fulton 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 67. 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
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bid for fair market value; or to a local government or state entity for fair market value; or to a local government or state entity for a consideration of $10.00 so long as the property is used for public purpose; and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia; provided that the purchase of the property shall not diminish the state's or its lessee's access to the rail or right of way area operated as the Western and Atlantic Railroad.
SECTION 68. 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 69. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 70. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Fulton County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 71. That custody of the above described property shall remain in the Department of Corrections until the property is conveyed.
ARTICLE X SECTION 72.
That the State of Georgia is the owner of the above described real property in Gordon County and that in all matters relating to the lease of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 73. That approximately 14.6 acres of the above described property may be leased by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the Calhoun Elks Home, Inc. for a consideration of $650.00 per year for the remainder of the ten year lease term and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.
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SECTION 74. That the lease shall be recorded by the grantee in the Superior Court of Gordon County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 75. That the authorization in this resolution to lease approximately 14.6 acres of 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 76. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.
ARTICLE XI SECTION 77.
That the State of Georgia is the owner of the above described real property in Hall County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 78. That the above described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value; or to a local government or state entity for fair market value; or to a local government or state entity for a consideration of $10.00 so long as the property is used for public purpose; and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 79. 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 80. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 81. That the grantee shall promptly record the deed of conveyance in the Superior Court of Hall County, Georgia, and promptly forward a recorded copy to the State Properties Commission.
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SECTION 82. That custody of the above described property shall remain in the Georgia Department of Agriculture until the property is conveyed.
ARTICLE XII SECTION 83.
That the State of Georgia is the owner of the above described real property in Lamar County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 84. That the above described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value; or to a local government or state entity for fair market value; or to a local government or state entity for a consideration of $10.00 so long as the property is used for public purpose; and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 85. 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 86. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 87. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Lamar County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 88. That custody of the above described property shall remain in the Department of Defense until the property is conveyed.
ARTICLE XIII SECTION 89.
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That the State of Georgia is the owner of the above described real property in Meriwether County and that in all matters relating to the ground lease of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 90. That the above described 102.48 acres may be ground leased for ten years and a nonexclusive easement granted for ingress and egress across state owned land and access to the ground leased property by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to The Warrior Alliance for a consideration of $10.00 per year of the term and the provision of such training and support services and restoration, maintenance, and operation of the golf course, and for such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 91. That the authorization in this resolution to ground lease the above described property and grant of a nonexclusive easement shall expire three years after the date this resolution is enacted into law and approved by the States Properties Commission.
SECTION 92. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 93. That the ground lease shall be recorded by the grantee in the Superior Court of Meriwether County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 94. That custody of the above described property shall remain in the Georgia Vocational Rehabilitation Agency.
ARTICLE XIV SECTION 95.
That the State of Georgia is the owner of the above described improved real property located in Monroe County and that in all matters relating to the leasing of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 96. That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease approximately 16 square feet of the improved property to Georgia United Credit Union for a term of ten years at an annual rental amount of $600.00, and
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such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.
SECTION 97. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.
SECTION 98. That the authorization to lease the above described property shall expire three years after the date this resolution becomes effective.
ARTICLE XV SECTION 99.
That the State of Georgia is the owner of the above described real property interest in Paulding County and that in all matters relating to the conveyance of the easement, the State of Georgia is acting by and through its State Properties Commission.
SECTION 100. That interest in the above described easement may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the Lee family for a consideration of $10.00 and the conveyance by the Lee family of approximately one acre to Paulding County to provide permanent improved access by the Department of Natural Resources to the Sheffield Wildlife Management Area and any additional provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 101. That the authorization in this resolution to convey the above described property interest shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 102. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 103. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Paulding County, Georgia, and a recorded copy of said deed and the deed to Paulding County from the Lee family shall be forwarded to the State Properties Commission.
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SECTION 104. That custody of the above described property shall remain in the Georgia Department of Natural Resources until the property is conveyed.
ARTICLE XVI SECTION 105.
That the State of Georgia is the owner of the above described real property in Sumter 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 106. That the above described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value; or to a local government or state entity for fair market value; 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 purposes; 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 107. 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 108. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 109. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Sumter County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 110. That custody of the above described property shall remain in the Georgia Department of Defense until the property is conveyed.
ARTICLE XVII SECTION 111.
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That the State of Georgia is the owner of the above described improved real property in Tattnall 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 112. That the above described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value; or to a local government or state entity for fair market value; or to a local government or state entity for a consideration of $10.00 so long as the property is used for public purpose; and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 113. 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 114. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 115. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Tattnall County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 116. That custody of the above described property shall remain in the Technical College System of Georgia until the property is conveyed.
ARTICLE XVIII SECTION 117.
That the State of Georgia is the owner of the above described unimproved real property in Tattnall 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 118. That the above described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value; or to a local government or state entity for fair market value; or to a local government or state entity for a consideration of $10.00 so long as the property
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is used for public purpose; and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 119. 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 120. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 121. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Tattnall County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 122. That custody of the above described property shall remain in the Technical College System of Georgia until the property is conveyed.
ARTICLE XIX SECTION 123.
That the State of Georgia is the owner of the above described Property in Thomas 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 124. That the above described Property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value; or to a local government entity or State entity for fair market value or to a local government entity or State entity for a consideration of $10.00 so long as the property is used for public purpose; and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 125. That the authorization in this resolution to convey the above described property interest shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
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SECTION 126. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 127. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Thomas County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 128. 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 129.
That the State of Georgia is the owner of the above described real property located in Troup County and that in all matters relating to the leasing of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 130. That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease the above described 50,377 square feet of improved property to the Troup County School System for a term of five years with one renewal option of five years with an annual rental amount of $10.00, and for such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.
SECTION 131. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.
SECTION 132. That the lease shall be recorded by Troup County School System in the Superior Court of Troup County, Georgia, and a recorded copy of said lease shall be forwarded to the State Properties Commission.
SECTION 133. That the authorization to lease the above described property shall expire three years after the date this resolution becomes effective.
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ARTICLE XXI SECTION 134.
That the State of Georgia is the owner of the above described real property in Upson 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 135. 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 Upson County 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 136. 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 137. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 138. That the deed of conveyance shall be recorded by the county as grantee in the Superior Court of Upson County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 139. That custody of the above described property interest shall remain in the Georgia Forestry Commission until the property is conveyed.
ARTICLE XXII SECTION 140.
That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval.
SECTION 141. That all laws and parts of laws in conflict with this resolution are repealed.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
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On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison
Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton E Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick
Brockway Y Brooks
Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier E Frye Y Gardner
Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
E Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea E Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger
Rakestraw Y Ramsey
Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders
Scott Setzler Y Sharper Y Shaw Y Sims
Y Smith, E Y Smith, L
Smith, M Y Smith, R
Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin
Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M.
Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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, by substitute, the ayes were 148, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
SR 267. By Senators Jeffares of the 17th, Harbison of the 15th, Kennedy of the 18th and Albers of the 56th:
A RESOLUTION authorizing the granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities, roads, and ingress and egress in, on, over, under, upon, across, or through property
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owned by the State of Georgia in the counties of Baldwin, Barrow, Bartow, Chatham, Clarke, Clayton, Cobb, DeKalb, Floyd, Fulton, Gordon, Houston, Laurens, Liberty, Lowndes, Macon, McIntosh, Meriwether, Newton, Polk, Richmond, Troup, Walton, and Wayne; 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 nonexclusive easements for the construction, operation, and maintenance of facilities, utilities, roads, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in the counties of Baldwin, Barrow, Bartow, Chatham, Clarke, Clayton, Cobb, DeKalb, Floyd, Fulton, Gordon, Houston, Laurens, Liberty, Lowndes, Macon, McIntosh, Meriwether, Newton, Polk, Richmond, Troup, Walton, and Wayne; 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 the counties of Baldwin, Barrow, Bartow, Chatham, Clarke, Clayton, Cobb, DeKalb, Floyd, Fulton, Gordon, Houston, Laurens, Liberty, Lowndes, Macon, McIntosh, Meriwether, Newton, Polk, Richmond, Troup, Walton, and Wayne; and
WHEREAS, Atlanta Gas Light Company; the Board of Regents of the University System of Georgia; the City of Dublin; the City of Valdosta; Coastal Electric Cooperative; the Corley family; CorrectHealth; the Georgia Department of Transportation; Georgia Power Company; Flint Electric Membership Corporation; Fulton County; Okefenokee Rural Electric Membership Corporation; Walton Electric Membership Corporation; and various utility companies desire to operate and maintain facilities, utilities, roads, and ingress and egress in, on, over, under, upon, across, or through a portion of said property; and
WHEREAS, these nonexclusive easements, facilities, utilities, roads, and ingress and egress in, on, over, under, upon, across, or through the above described state property have been requested or approved by the Department of Behavioral Health and Developmental Disabilities, Department of Corrections, Department of Defense, Department of Natural Resources, Technical College System of Georgia, and State Properties Commission.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I SECTION 1.
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That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 259, 260, 287, and 288, 1st Land District, City of Milledgeville, Baldwin County, Georgia, and that the property is in the custody of the Department of Behavioral Health and Developmental Disabilities and the Department of Corrections, which on May 2, 2013, declared Bostick State Prison surplus to its needs. On June 27, 2013, the State Properties Commission approved the 2013 Resolution Act 313 (H.R. 205) authorizing conveyance of the property and sale by competitive bid. The bid was opened on August 6, 2013, and the State Properties Commission approved the bid from CorrectHealth GDC, LLC, on October 10, 2013. The Department of Behavioral Health and Developmental Disabilities and the Department of Corrections do 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 CorrectHealth GDC, LLC, or its successors and assigns, a nonexclusive easement area for ingress and egress. Said easement area is located on the former Central State Hospital campus, located in Baldwin County, and is more particularly described as follows:
That approximately 3.68 acres, lying and being in the Land Lots 259, 260, 287, and 288, 1st Land District, City of Milledgeville, Baldwin County, Georgia, and that portion only as shown on a plat of survey, 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 purposes of ingress and egress over the easement area.
SECTION 4. That CorrectHealth GDC, LLC, shall, with the permission of the Department of Behavioral Health and Developmental Disabilities, 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 easement area.
SECTION 5. That, after CorrectHealth GDC, LLC, has put into use the easement area 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, CorrectHealth GDC, LLC, or its successors and assigns, shall have the option of removing any facilities from the
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easement area or leaving the same in place, in which event the easement area and any facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 6. That no title shall be conveyed to CorrectHealth GDC, LLC, and, except as herein specifically granted to CorrectHealth GDC, LLC, 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 CorrectHealth GDC, LLC.
SECTION 7. 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 area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and CorrectHealth GDC, LLC, 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 the 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 the 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 CorrectHealth GDC, LLC, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 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
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the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.
SECTION 10. That the consideration for such easement shall be $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 11. That this grant of easement shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall promptly be forwarded to the State Properties Commission.
SECTION 12. That the authorization in this resolution to grant the above described easement to CorrectHealth GDC, LLC, shall expire three years after the date that 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 in fee simple of certain real property having approximately 4,153 acres, commonly known as Central State Campus in Baldwin County, Georgia, as described on that March 16, 2011, drawing entitled "Central State Campus," and that the property is in the custody of the Department of Behavioral Health and Developmental Disabilities, which operates an electrical power grid that currently serves various properties at Central State Campus in custody of the Department of Behavioral Health and Developmental Disabilities, the Department of Corrections, the Georgia Forestry Commission, the Department of Veterans Services, and the Department of Driver Services, and which by official action does not object to the granting of an 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 for the operation and maintenance of the electrical power grid, including any transmission lines and associated equipment, together with the right of ingress and egress
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over the above described property owned by the State of Georgia to serve Central State Campus.
SECTION 16. That the installation of any new transmission line or associated equipment on any state property within the easement area by Georgia Power Company shall require advance approval from the affected custodial agency. A survey prepared and signed by a licensed surveyor in the State of Georgia or an engineered drawing prepared by a licensed engineer shall accompany the installation of any new transmission line or associated equipment, including upgrades or replacements of the electrical power grid.
SECTION 17. That the above described premises shall be used solely for the purpose of the installation, operation, and maintenance of an electrical power grid, electrical transmission lines, and associated equipment.
SECTION 18. That, after Georgia Power Company has put into use the transmission lines and associated 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, 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 transmission lines and any associated 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 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 Georgia Power Company.
SECTION 20. 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 area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that
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the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the 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. In either event, Georgia Power Company shall quitclaim to the state its interest in the former easement area, which shall not require other approval for the State of Georgia to accept.
SECTION 21. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 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 23. That the consideration for such easement shall be that Georgia Power Company will operate and maintain the electrical power grid, transmission lines, and associated equipment at Central State Campus and any such further consideration and provisions as the State Properties Commission shall deem to be in the best interest of the State of Georgia. Prior to the granting of the easement, an agreement shall be executed concerning the operation and maintenance of the existing and any new power grid, transmission line, or associated equipment between Georgia Power Company and the affected custodial agencies. The Central State Campus electrical power grid, including transmission lines and associated equipment, shall be conveyed from the Department of Behavioral Health and Developmental Disabilities to the Georgia Power Company in a separate agreement.
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SECTION 24. That this grant of easement shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be promptly 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 that 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 243rd District, G.M., Barrow County, Georgia, commonly known as Fort Yargo State Park, and that the property is in the custody of the Department of Natural Resources, which by official action dated August 26, 2014, did not object to the granting of an easement, hereinafter referred to as the easement area, and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 28. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement to construct, install, and maintain underground distribution lines and associated equipment to serve the new camper cabins at Fort Yargo State Park. Said easement area is located in Barrow County and is more particularly described as follows:
That approximately 1.0 acre, lying and being in the 243rd District, G.M., Barrow County, Georgia, and that portion only as shown on a drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 29. That the above described premises shall be used solely for the purpose of installing, operating, and maintaining underground distribution lines and associated equipment.
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SECTION 30. 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 distribution lines and associated equipment.
SECTION 31. That, after Georgia Power Company has put into use the distribution lines and associated 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, 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 distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 32. 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 33. 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 area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company 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 the 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 the grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.
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SECTION 34. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 Barrow County and a recorded copy shall be promptly forwarded to the State Properties Commission.
SECTION 38. That the authorization in this resolution to grant the above described easement to Georgia Power Company shall expire three years after the date that 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.
ARTICLE IV SECTION 40.
That the State of Georgia is the owner of the hereinafter described improved property lying and being in Bartow County, Georgia, commonly known as the Western and Atlantic Railroad, and that the property is in the custody of the State Properties Commission, which does not object to the granting of this easement, hereinafter referred
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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 41. 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 over the property to construct and maintain a bridge and road to widen SR 140 from SR 53 to SR 3/US 41 in Bartow County. Said easement area is located in Bartow County and is more particularly described as follows:
That approximately 0.548 acre lying and being in Bartow County, Georgia, commonly known as the Western and Atlantic Railroad and that portion as shown on GDOT ROW Plans PI No. 621505, 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 42. That the above described premises shall be used solely for the purpose of road widening and the construction and maintenance of a bridge in the easement area.
SECTION 43. That the Georgia Department of Transportation shall have the right to remove or cause to be removed from the easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance purposes in the easement area.
SECTION 44. That, after the Georgia Department of Transportation has put into use the easement area 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 and any equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 45. That no title shall be conveyed to the Georgia Department of Transportation and, except as herein specifically granted to the Georgia Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Georgia Department of Transportation.
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SECTION 46. 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 area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the Georgia Department of Transportation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the 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 47. 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 to be 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 48. 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 49. 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.
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SECTION 50. That this grant of easement shall be recorded by the grantee in the Superior Court of Bartow County and a recorded copy shall promptly be forwarded to the State Properties Commission.
SECTION 51. 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 that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 52. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE V SECTION 53.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 1240 and 1281, 21st Land District, Bartow County, Georgia, commonly known as North Metro Campus of Chattahoochee Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated February 6, 2014, did 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 54. That the State of Georgia, acting by and through its State Properties Commission, may grant to Atlanta Gas Light Company, or its successors and assigns, a nonexclusive easement area to construct, install, and maintain underground gas distribution lines and associated equipment to serve the campus of North Metro Campus of Chattahoochee Technical College. Said easement area is located in Bartow County and is more particularly described as follows:
That approximately 0.57 acre, lying and being in the Land Lots 1240 and 1281, 21st Land District, Bartow County, Georgia, 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 55. That the above described premises shall be used solely for the purpose of installing, operating, and maintaining underground gas distribution lines and associated equipment.
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SECTION 56. That Atlanta Gas Light 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 gas distribution lines and associated equipment.
SECTION 57. That, after Atlanta Gas Light Company has put into use the gas distribution lines and associated 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, Atlanta Gas Light 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 gas distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 58. That no title shall be conveyed to Atlanta Gas Light Company and, except as herein specifically granted to Atlanta Gas Light 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 Atlanta Gas Light Company.
SECTION 59. 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 area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Atlanta Gas Light Company 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 the 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 the grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.
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SECTION 60. That the easement granted to Atlanta Gas Light shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 61. 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 62. 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 63. That this grant of easement shall be recorded by the grantee in the Superior Court of Bartow County and a recorded copy shall promptly be forwarded to the State Properties Commission.
SECTION 64. That the authorization in this resolution to grant the above described easement to Atlanta Gas Light Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 65. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VI SECTION 66.
That the State of Georgia is the owner of the hereinafter described real property lying and being in 4th District, G.M., Chatham County, Georgia, commonly known as Savannah Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated February 6, 2014, did not object to the granting of this easement, hereinafter referred to as the easement area, and that, in all
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matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 67. That the State of Georgia, acting by and through its State Properties Commission, may grant to Atlanta Gas Light Company, or its successors and assigns, a nonexclusive easement area to construct, install, and maintain underground gas distribution lines and associated equipment to serve the campus of Savannah Technical College. Said easement area is located in Chatham County and is more particularly described as follows:
That approximately 4.26 acres, lying and being in the 4th District, G.M., Chatham County, Georgia, 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 68. That the above described premises shall be used solely for the purpose of installing, operating, and maintaining underground gas distribution lines and associated equipment.
SECTION 69. That Atlanta Gas Light 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 gas distribution lines and associated equipment.
SECTION 70. That, after Atlanta Gas Light Company has put into use the gas distribution lines and associated 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, Atlanta Gas Light 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 gas distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 71. That no title shall be conveyed to Atlanta Gas Light Company and, except as herein specifically granted to Atlanta Gas Light 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 Atlanta Gas Light Company.
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SECTION 72. 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 area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Atlanta Gas Light Company 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 the 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 the 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 73. That the easement granted to Atlanta Gas Light shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 74. 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 75. 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 76. That this grant of easement shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall promptly be forwarded to the State Properties Commission.
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SECTION 77. That the authorization in this resolution to grant the above described easement to Atlanta Gas Light Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 78. 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 79.
That the State of Georgia is the owner of the hereinafter described real property lying and being in the 216th District, G.M., City of Athens, Clarke County, Georgia, commonly known as the Athens Day Reporting Center, and that the property is in the custody of the Department of Corrections, which by official action dated October 2, 2014, did 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 80. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the installation, operation, and maintenance of underground electrical lines and associated equipment. Said easement area is located on Old Epps Bridge Road in Clarke County and is more particularly described as follows:
That approximately 0.09 acre, lying and being in Land Lot 216th District, G.M., Clarke County, Georgia, and that portion only as shown on a survey titled: "Underground Distribution Line Easement Survey," 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 81. That the above described premises shall be used solely for the installation, operation, and maintenance of underground electrical lines and associated equipment.
SECTION 82. 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 electrical lines and associated equipment.
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SECTION 83. That, after Georgia Power Company has put into use the underground electrical lines and associated 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, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 84. 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 85. 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 area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company 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 the 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 the 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 86. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
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SECTION 87. 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 88. That the consideration for such easement shall be $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 89. That this grant of easement shall be recorded by the grantee in the Superior Court of Clarke County and a recorded copy shall promptly be forwarded to the State Properties Commission.
SECTION 90. That the authorization in this resolution to grant the above described easement to Georgia Power Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 91. 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 92.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 53 of the 10th Land District, Clayton County, Georgia, commonly known as the Atlanta State Farmers Market, and that the property is in the custody of the Department of Agriculture, which by official action dated September 17, 2014, the Commissioner did 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 93. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the installation, operation, and maintenance of underground electrical lines and
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associated equipment. Said easement area is located at the Atlanta State Farmers Market in Clayton County and is more particularly described as follows:
That approximately 0.251 acre, lying and being in Land Lot 53 of the 10th Land District, Clayton County, Georgia, and that portion only as shown on a drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 94. That the above described premises shall be used solely for the installation, operation, and maintenance of underground electrical lines and associated equipment.
SECTION 95. 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 electrical lines and associated equipment.
SECTION 96. That, after Georgia Power Company has put into use the underground electrical lines and associated 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, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 97. 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 98. 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 area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission
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shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company 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 the 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 the 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 99. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 100. 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 101. 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 102. That this grant of easement shall be recorded by the grantee in the Superior Court of Clayton County and a recorded copy shall be promptly forwarded to the State Properties Commission.
SECTION 103. That the authorization in this resolution to grant the above described easement to Georgia Power Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
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SECTION 104. 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 105.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 168 of the 20th Land District, 2nd Section, Cobb County, Georgia, commonly known as the Kennesaw Armory, and that the property is in the custody of the Department of Defense, which by official action dated October 6, 2014, the Adjutant General did 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 106. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the installation, operation, and maintenance of underground electrical lines and associated equipment. Said easement area is located at the Kennesaw Armory in Cobb County and is more particularly described as follows:
That approximately 0.049 acre, lying and being in Land Lot 168 of the 20th Land District, 2nd Section, Cobb County, Georgia, and that portion only as shown on a drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 107. That the above described premises shall be used solely for the installation, operation, and maintenance of underground electrical lines and associated equipment.
SECTION 108. 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 electrical lines and associated equipment.
SECTION 109. That, after Georgia Power Company has put into use the underground electrical lines and associated 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,
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Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 110. 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 111. 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 area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company 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 the 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 the 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 112. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 113. 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
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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 114. 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 115. That this grant of easement shall be recorded by the grantee in the Superior Court of Cobb County and a recorded copy shall promptly be forwarded to the State Properties Commission.
SECTION 116. That the authorization in this resolution to grant the above described easement to Georgia Power Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 117. 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 118.
That the State of Georgia is the owner of the hereinafter described real property lying and being in the Land Lot 134, 16th Land District, DeKalb County, Georgia, commonly known as Georgia Piedmont Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated December 4, 2014, did 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 119. 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 construction, installation, and maintenance of overhead electrical distribution lines and associated equipment. Said easement area is located at the Georgia Piedmont Technical College, DeKalb County, and is more particularly described as follows:
That approximately 0.37 acre, lying and being in Land Lot 134, 16th Land District, DeKalb County, Georgia, as shown on a drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission,
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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 120. That the above described premises shall be used solely for the construction, installation, and maintenance of overhead electrical distribution lines and associated equipment.
SECTION 121. 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, installation, and maintenance of overhead electrical distribution lines and associated equipment.
SECTION 122. That, after Georgia Power Company has put into use the overhead electrical distribution lines and associated 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, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 123. 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 124. 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 area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company 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 the 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
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removal and relocation. Upon written request from the 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 125. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 126. 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 127. 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 128. That this grant of easement shall be recorded by the grantee in the Superior Court of DeKalb County and a recorded copy shall be promptly forwarded to the State Properties Commission.
SECTION 129. That the authorization in this resolution to grant the above described easement to Georgia Power Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 130. 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 131.
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That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 210 and 211, 23rd Land District, 3rd Section, Floyd County, Georgia, commonly known as the Rome Armory, and that the property is in the custody of the Department of Defense, which by official action dated October 6, 2014, the Adjutant General did 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 132. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the installation, maintenance, and operation of underground electrical power lines and associated equipment to provide updated and secure electric service to the armory and new motor pool. Said easement area is located at the Rome Armory in Floyd County and is more particularly described as follows:
That approximately 0.103 acre, lying and being in Land Lots 210 and 211, 23rd Land District, 3rd Section, Floyd County, Georgia, as shown on a drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 133. That the above described premises shall be used solely for the purpose of installing, maintaining, and operating underground electrical power lines and associated equipment.
SECTION 134. 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 installation, maintenance, and operation of an underground electrical power line.
SECTION 135. That, after Georgia Power Company has put into use the underground electrical power lines and associated 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, 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 electrical power lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.
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SECTION 136. 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 137. 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 area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company 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 the 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 the 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 138. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 139. 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, or of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.
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SECTION 140. 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 141. That this grant of easement shall be recorded by the grantee in the Superior Court of Floyd County and a recorded copy shall be promptly forwarded to the State Properties Commission.
SECTION 142. That the authorization in this resolution to grant the above described easement to Georgia Power Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 143. 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 144.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 853, 1st Land District, Fulton County, Georgia, commonly known as the North Fulton Campus of Gwinnett Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated December 4, 2014, did 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 145. That the State of Georgia, acting by and through its State Properties Commission, may grant to various utility companies, or their successors and assigns, a nonexclusive easement area for various utilities and associated equipment. Said easement area is located through the North Fulton Campus of Gwinnett Technical College in Fulton County and is more particularly described as follows:
That approximately 25.433 acres, lying and being in Land Lot 853, 1st Land District, Fulton County, Georgia, 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.
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SECTION 146. That the above described premises shall be used solely for the purpose of the installation, maintenance, and operation of various utilities and associated equipment.
SECTION 147. That the various utility companies 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 various utilities and associated equipment.
SECTION 148. That, after the various utility companies have put into use the various utilities and associated 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 various utility companies, or their successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the utilities and associated equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 149. That no title shall be conveyed to the various utility companies and, except as herein specifically granted to the various utility companies, 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 various utility companies.
SECTION 150. 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 area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the various utility companies shall remove or relocate their facilities to the alternate easement area at their 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 the 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 the grantee or any third party, the State Properties Commission, in their sole discretion, may grant a substantially
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equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.
SECTION 151. That the easement granted to the various utility companies shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 152. 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 153. 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 154. That this grant of easement shall be recorded by the grantee in the Superior Court of Fulton County and a recorded copy shall be promptly forwarded to the State Properties Commission.
SECTION 155. That the authorization in this resolution to grant the above described easement to the various utility companies shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 156. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XIII SECTION 157.
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That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 148 and 149 of the 15th Land District, Gordon County, Georgia, commonly known as the Western and Atlantic Railroad, and that the property is in the custody of the State Properties Commission, which does not object to the granting of this easement, hereinafter referred to as the easement area, and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 158. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Department of Transportation, or its successors and assigns, a nonexclusive easement for road widening project PI 662510 on the South Calhoun Bypass from SR53 at CR13 East to SR53 at CR64 which will bridge over existing railroad right of way. Said easement area is located in Gordon County and is more particularly described as follows:
That approximately 0.262 acre, lying and being in Land Lots 148 and 149 of the 15th Land District, Gordon County, Georgia, as shown on a drawing prepared by the Georgia Department of Transportation, 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 159. That the above described premises shall be used solely for the purpose of road widening and the construction and maintenance of a bridge in the easement area.
SECTION 160. That the Georgia Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the easement area.
SECTION 161. That, after the Georgia Department of Transportation has put into use the easement area 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.
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SECTION 162. That no title shall be conveyed to the Georgia Department of Transportation and, except as herein specifically granted to the Georgia Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Georgia Department of Transportation.
SECTION 163. 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 area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the Georgia Department of Transportation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and the 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 the 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 164. 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 to be 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 165. 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.
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SECTION 166. 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 167. That this grant of easement shall be recorded by the grantee in the Superior Court of Gordon County and a recorded copy shall promptly be forwarded to the State Properties Commission.
SECTION 168. 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 that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 169. 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 170.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 165 of the 10th Land District, Houston County, Georgia, commonly known as Central Georgia Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated May 1, 2014, did 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 171. 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 the installation, maintenance, and operation of electrical distribution lines to service the Health Services Center (TCSG-267) at Central Georgia Technical College. Said easement area is located in Houston County and is more particularly described as follows:
That approximately 0.924 acre, lying and being in Land Lot 165 of the 10th Land District, Houston County, Georgia, as shown on a drawing furnished by Flint Electric Membership Corporation, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
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SECTION 172. That the above described premises shall be used solely for the purpose of the installation, maintenance, and operation of electrical distribution lines.
SECTION 173. 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 installation, maintenance, and operation of electrical distribution lines.
SECTION 174. That, after Flint Electric Membership Corporation has put into use the electrical distribution 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, 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 electrical distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 175. 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 176. 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 area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the Flint Electric Membership Corporation 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 the 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 the 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
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relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.
SECTION 177. That the easement granted to Flint Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 178. 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 179. 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 180. That this grant of easement shall be recorded by the grantee in the Superior Court of Houston County and a recorded copy shall promptly be forwarded to the State Properties Commission.
SECTION 181. That the authorization in this resolution to grant the above described easement to Flint Electric Membership Corporation shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 182. 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 183.
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That the State of Georgia is the owner of the hereinafter described real property lying and being in the Land Lot 233 of the 1st Land District, Laurens County, Georgia, commonly known as the Dublin Armory, and that the property is in the custody of the Department of Defense, which by official action dated October 6, 2014, the Adjutant General did 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 184. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Dublin, Georgia, or its successors and assigns, a nonexclusive easement area to construct, install, and maintain sanitary sewer lines to serve the Dublin Armory. Said easement area is located in Laurens County and is more particularly described as follows:
That approximately 0.072 acre, lying and being in the Land Lot 233 of the 1st Land District, Laurens County, Georgia, and that portion only as shown on a drawing furnished by the City of Dublin, 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 185. That the above described premises shall be used solely for the purpose of the City of Dublin installing, operating, and maintaining sanitary sewer lines.
SECTION 186. That the City of Dublin 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 lines.
SECTION 187. That, after the City of Dublin has put into use the sanitary sewer 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 City of Dublin, 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 sewer lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 188. That no title shall be conveyed to the City of Dublin and, except as herein specifically granted to City of Dublin, 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
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inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Dublin.
SECTION 189. 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 area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the City of Dublin 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 the 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 the 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 190. That the easement granted to the City of Dublin shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 191. 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 192. 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.
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SECTION 193. That this grant of easement shall be recorded by the grantee in the Superior Court of Laurens County and a recorded copy shall be promptly forwarded to the State Properties Commission.
SECTION 194. That the authorization in this resolution to grant the above described easement to the City of Dublin shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 195. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XVI SECTION 196.
That the State of Georgia is the owner of the hereinafter described real property lying and being in the 1458th District, G.M., Liberty County, Georgia, commonly known as Savannah Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated May 1, 2014, did 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 197. 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 relocation of power poles and guy wire anchors due to the SR 119 widening. Said easement area is located in Liberty County and is more particularly described as follows:
That approximately 0.156 acre, lying and being in the 1458th District, G.M., Liberty County, Georgia, and that portion only as shown on a drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 198. That the above described premises shall be used solely for the relocation of power poles and guy wire anchors.
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SECTION 199. 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 relocation of power poles and guy wire anchors.
SECTION 200. That, after Georgia Power Company has put into use the power poles and guy wire anchors 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, 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 poles, guy wire anchors, and associated equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 201. 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 202. 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 area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company 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 the 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 the 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 203. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall
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deem to be 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 204. 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 205. That the consideration for such easement shall be the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 206. That this grant of easement shall be recorded by the grantee in the Superior Court of Liberty County and a recorded copy shall promptly be forwarded to the State Properties Commission.
SECTION 207. That the authorization in this resolution to grant the above described easement to Georgia Power Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 208. 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 209.
That the State of Georgia is the owner of the hereinafter described real property lying and being in the Land Lot 33 of the 12th Land District, Lowndes County, Georgia, commonly known as the Valdosta State Prison, and that the property is in the custody of the Department of Corrections, which by official action dated March 6, 2014, did not object to the granting of this easement, hereinafter referred to as the easement area, and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
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SECTION 210. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Valdosta, Georgia, or its successors and assigns, a nonexclusive easement area to construct, install, and maintain a sanitary sewer main to serve Valdosta State Prison. Said easement area is located in Lowndes County and is more particularly described as follows:
That approximately 0.04 acre, lying and being in the Land Lot 33 of the 12th Land District, Lowndes County, Georgia, and that portion only as shown on a drawing furnished by the City of Valdosta, 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 211. That the above described premises shall be used solely for the purpose of installing, operating, and maintaining a sanitary sewer main.
SECTION 212. That the City of Valdosta 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 main.
SECTION 213. That, after the City of Valdosta has put into use the sanitary sewer main 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 City of Valdosta, 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 sewer main and associated equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 214. That no title shall be conveyed to the City of Valdosta and, except as herein specifically granted to the City of Valdosta, 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 Valdosta.
SECTION 215. 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 area, it may grant a substantially equivalent
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nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the City of Valdosta 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 the 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 the 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 216. That the easement granted to the City of Valdosta shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 217. 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 218. 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 219. That this grant of easement shall be recorded by the grantee in the Superior Court of Lowndes County and a recorded copy shall promptly be forwarded to the State Properties Commission.
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SECTION 220. That the authorization in this resolution to grant the above described easement to the City of Valdosta shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 221. 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 222.
That the State of Georgia is the owner of the hereinafter described real property commonly known as Camp John Hope, Macon County, Georgia, and that the property is in the custody of the Department of Education, which by official action dated March 14, 2014, did not object to the granting of an 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 223. 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 to construct, install, and maintain electrical transmission lines and associated equipment to serve Camp John Hope. Said easement area is located in Macon County and is more particularly described as follows:
That approximately 226.148 acres lying and being in Macon County, Georgia, and commonly known as Camp John Hope, and that portion only as shown on a drawing furnished by Flint Electric Membership Corporation, 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 224. That the above described premises shall be used solely for the purpose of installing, operating, and maintaining electrical transmission lines and associated equipment.
SECTION 225. 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 transmission lines and associated equipment.
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SECTION 226. That, after Flint Electric Membership Corporation has put into use the transmission lines and associated 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, 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 transmission lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 227. 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 228. 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 area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Flint Electric Membership Corporation 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 the 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 the 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 229. That the easement granted to Flint Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
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SECTION 230. 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 231. That, given the public purpose of the project, the consideration for each 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 232. That this grant of easement shall be recorded by the grantee in the Superior Court of Macon County and a recorded copy shall be promptly forwarded to the State Properties Commission.
SECTION 233. That the authorization in this resolution to grant the above described easement to Flint Electric Membership Corporation shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 234. 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 235.
That the State of Georgia is the owner of the hereinafter described real property lying and being in the 22nd District, G.M., McIntosh County, Georgia, and that the property is regulated by the Department of Natural Resources 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., and which by official action dated March 11, 2013, did not object to the granting of this easement, hereinafter referred to as the easement area, and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
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SECTION 236. That the State of Georgia, acting by and through its State Properties Commission, may grant to Coastal Electric Cooperative, or its successors and assigns, a nonexclusive easement area to construct, install, and maintain electrical distribution lines and associated equipment to serve Barbour and Wahoo Islands. Said easement area is located in McIntosh County and is more particularly described as follows:
That approximately 15.3 acres, lying and being in the 22nd District, G.M., McIntosh County, Georgia, and that portion only as shown on a drawing furnished by Coastal Electric Cooperative, 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 237. That the above described premises shall be used solely for the purpose of installing, operating, and maintaining electrical distribution lines and associated equipment.
SECTION 238. That Coastal Electric Cooperative 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 distribution lines and associated equipment.
SECTION 239. That, after Coastal Electric Cooperative has put into use the distribution lines and associated 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, Coastal Electric Cooperative, 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 distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 240. That no title shall be conveyed to Coastal Electric Cooperative and, except as herein specifically granted to Coastal Electric Cooperative, 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 Coastal Electric Cooperative.
SECTION 241. 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
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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 placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Coastal Electric Cooperative 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 the 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 the 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 242. That the easement granted to Coastal Electric Cooperative shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 243. 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 244. That the consideration for such easement shall be the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 245. That this grant of easement shall be recorded by the grantee in the Superior Court of McIntosh County and a recorded copy shall promptly be forwarded to the State Properties Commission.
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SECTION 246. That the authorization in this resolution to grant the above described easement to Coastal Electric Cooperative shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 247. 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 248.
That the State of Georgia is the owner of the hereinafter described real property lying and being in the 1514th District, G.M., McIntosh County, Georgia, commonly known as the Altamaha River-Townsend WMA, and that the property is in the custody of the Department of Natural Resources, which by official action dated September 23, 2014, did not object to the granting of the 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 249. That the State of Georgia, acting by and through its State Properties Commission, may grant to Coastal Electric Cooperative, or its successors and assigns, a nonexclusive easement area for the construction and maintenance of underground distribution lines and associated equipment to provide power to maintenance facilities at Altamaha RiverTownsend WMA. Said easement area is located in McIntosh County and is more particularly described as follows:
That approximately 1.03 acre, lying and being in the 1514th District, G.M., McIntosh County, Georgia, and that portion only as shown on a drawing furnished by Coastal Electric Cooperative, 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 250. That the above described premises shall be used solely for the construction and maintenance of underground distribution lines and associated equipment.
SECTION 251. That Coastal Electric Cooperative shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the construction and maintenance of underground distribution lines and associated equipment.
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SECTION 252. That, after Coastal Electric Cooperative has put into use the underground distribution lines and associated 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, Coastal Electric Cooperative, 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 distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 253. That no title shall be conveyed to Coastal Electric Cooperative and, except as herein specifically granted to Coastal Electric Cooperative, 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 Coastal Electric Cooperative.
SECTION 254. 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 area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Coastal Electric Cooperative 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 the 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 the 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 255. That the easement granted to Coastal Electric Cooperative shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
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SECTION 256. 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 257. 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 258. That this grant of easement shall be recorded by the grantee in the Superior Court of McIntosh County and a recorded copy shall be promptly forwarded to the State Properties Commission.
SECTION 259. That the authorization in this resolution to grant the above described easement to Coastal Electric Cooperative shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 260. 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 261.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 119, 120, 121, 122, 135, 136, 137, 138, 139, 150, and 171, 2nd Land District, Meriwether County, Georgia, commonly known as Roosevelt Warm Springs Rehabilitation Hospital and Hilliard Cottage, and that the property is in the custody of the Georgia Vocational Rehabilitation Agency, which by official action dated June 9, 2014, did 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 262. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Board of Regents of the University System of Georgia, or its successors and
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assigns, a nonexclusive easement area for ingress and egress to provide access, parking, signage, utilities, and any other rights which the parties deem desirable for the benefit of the property or the campus of the Roosevelt Warm Springs Rehabilitation Hospital and Hilliard Cottage. Said easement area is located in Meriwether County and is more particularly described as follows:
That approximately 913 acres, lying and being in Land Lots 119, 120, 121, 122, 135, 136, 137, 138, 139, 150, and 171, 2nd Land District, Meriwether County, Georgia, and that portion only as shown on a drawing furnished by the Board of Regents of the University 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 263. That the above described premises shall be used solely for ingress and egress to provide access, parking, signage, utilities, and any other rights which the parties deem desirable for the benefit of the property or the campus.
SECTION 264. That the Board of Regents of the University System of 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 ingress and egress to provide access, parking, signage, utilities, and any other rights which the parties deem desirable for the benefit of the property or the campus.
SECTION 265. That, after the Board of Regents of the University System of Georgia has put into use the access, parking, signage, utilities, and any other benefits 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 Board of Regents of the University System of 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 easement area and associated equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 266. That no title shall be conveyed to the Board of Regents of the University System of Georgia and, except as herein specifically granted to the Board of Regents of the University System of 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 the Board of Regents of the University System of Georgia.
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SECTION 267. 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 area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the Board of Regents of the University System of Georgia 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 the 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 the 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 268. That the easement granted to the Board of Regents of the University System of Georgia shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 269. 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 270. 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.
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SECTION 271. That this grant of easement shall be recorded by the grantee in the Superior Court of Meriwether County and a recorded copy shall be promptly forwarded to the State Properties Commission.
SECTION 272. That the authorization in this resolution to grant the above described easement to the Board of Regents of the University System of Georgia shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 273. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XXII SECTION 274.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 105 of the 1st District, Newton County, Georgia, commonly known as the Georgia BioScience Training Center at Athens Technical College, and that the property is in the custody of the Technical College System of Georgia, which by official action dated February 6, 2014, did 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 275. That the State of Georgia, acting by and through its State Properties Commission, may grant to Walton Electric Membership Corporation, or its successors and assigns, a nonexclusive easement area for the construction, operation, and maintenance of underground electrical distribution lines and associated equipment to serve the Georgia BioScience Training Center (TCSG-300) at Athens Technical College. Said easement area is located in Newton County and is more particularly described as follows:
That approximately 0.16 acre, lying and being in the Land Lot 105 of the 1st District of Newton County, Georgia, and that portion only as shown on a drawing furnished by Walton Electric Membership Corporation, 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 276. That the above described premises shall be used solely for the construction, operation, and maintenance of underground electrical distribution lines and associated equipment.
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SECTION 277. That Walton 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 construction, operation, and maintenance of underground electrical distribution lines and associated equipment.
SECTION 278. That, after Walton Electric Membership Corporation has put into use the underground electrical distribution lines and associated 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, Walton 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 distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 279. That no title shall be conveyed to Walton Electric Membership Corporation and, except as herein specifically granted to Walton 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 Walton Electric Membership Corporation.
SECTION 280. 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 area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Walton Electric Membership Corporation 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 the 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 the grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.
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SECTION 281. That the easement granted to Walton Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 282. 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 283. 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 284. That this grant of easement shall be recorded by the grantee in the Superior Court of Newton County and a recorded copy shall promptly be forwarded to the State Properties Commission.
SECTION 285. That the authorization in this resolution to grant the above described easement to Walton Electric Membership Corporation shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 286. 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 XXIII SECTION 287.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 406 of the 18th District, 3rd Section, Polk County, Georgia, commonly known as Paulding Forest Wildlife Management Area, and that the property is in the custody of the Department of Natural Resources, which by official action dated June 24,
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2014, did not object to the granting of this easement exchange, the easement to be granted 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 288. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Corley family, or its successors and assigns, a nonexclusive easement area for ingress and egress access within Ironstob Phase I tract along Blue Car Body Road of the Paulding Wildlife Management Area. Said easement area is located in Polk County and is more particularly described as follows:
That approximately 3.0 acres, lying and being in the Land Lot 406 of the 18th District, 3rd Section of Polk County, Georgia, and that portion only as shown on a drawing furnished by the 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.
SECTION 289. That the above described premises shall be used solely for ingress and egress.
SECTION 290. That the Corley family 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 ingress and egress.
SECTION 291. That, after the Corley family has put into use the access easement 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 Corley family, or its successors and assigns, shall have the option of removing its property from the easement area or leaving the same in place, in which event the property shall become the property of the State of Georgia, or its successors and assigns.
SECTION 292. That no title shall be conveyed to the Corley family and, except as herein specifically granted to the Corley family, 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 Corley family.
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SECTION 293. 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 area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the Corley family 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 the 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 the 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 294. That the easement granted to the Corley family shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 295. 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 296. That, as consideration for such easement exchange, the Corley family shall grant an easement over approximately six acres for ingress and egress access for public use and for the Department of Natural Resource's administrative use along with a right of first refusal to purchase approximately 360 acres of the Corley family's property labeled Tracts A, B, C, D, and E, being on file in the offices of the State Properties Commission, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
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SECTION 297. That this grant of easement shall be recorded by the grantee in the Superior Court of Polk County and a recorded copy shall be promptly forwarded to the State Properties Commission.
SECTION 298. That the authorization in this resolution to grant the above described easement to the Corley family shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 299. 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 XXIV SECTION 300.
That the State of Georgia is the owner of the hereinafter described real property lying and being in 86-3 District, G.M., formerly the 1660th District, G.M., Richmond County, Georgia, commonly known as the East Central Regional Hospital, and that the property is in the custody of the Department of Behavioral Health and Developmental Disabilities, which by official action dated June 18, 2014, did 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 301. 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 replacement and construction of water pipelines at East Central Regional Hospital. Said easement area is located in Richmond County and is more particularly described as follows:
That approximately 0.873 acre, lying and being in 86-3 District, G.M., formerly the 166th District, G.M., of Richmond County, Georgia, and that portion only as shown on a drawing furnished by Augusta, 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 302. That the above described premises shall be used solely for the replacement and construction of water pipelines.
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SECTION 303. 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 replacement and construction of water pipelines.
SECTION 304. That, after Augusta, Georgia, has put into use the water pipelines 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 pipelines shall become the property of the State of Georgia, or its successors and assigns.
SECTION 305. 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 306. 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 area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Augusta, Georgia, 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 the 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 the 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 307. That the easement granted to Augusta, Georgia, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be in the best interest of the State of Georgia and that the State Properties Commission is
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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 308. 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 309. That the consideration for such easement shall be $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 310. That this grant of easement shall be recorded by the grantee in the Superior Court of Richmond County and a recorded copy shall promptly be forwarded to the State Properties Commission.
SECTION 311. That the authorization in this resolution to grant the above described easement to Augusta, Georgia, shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 312. 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 XXV SECTION 313.
That the State of Georgia is the owner of the hereinafter described real property commonly known as the Kia/Hyundai Dymos Tract in Troup County, Georgia, and that the property is in the custody of the Department of Economic Development, which by official action dated August 22, 2014, did not object to the granting of this easement, hereinafter referred to as the easement area, and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
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SECTION 314. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of West Point, Georgia, or its successors and assigns, a nonexclusive easement area for a water and sewer line. Said easement area is located at the Kia/Hyundai Dymos Tract in Troup County and is more particularly described as follows: That approximately 1.391 acre, lying and being in 5th Land District, Troup County, Georgia, and that portion only as shown on a drawing furnished by various utility companies, 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 315. That the above described premises shall be used solely for the purpose of the installation, maintenance, and operation of a water and sewer line.
SECTION 316. That the City of West Point 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 water and sewer line.
SECTION 317. That, after the City of West Point put into use the water and 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, the City of West Point, 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 water and sewer line and associated equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 318. That no title shall be conveyed to the City of West Point and, except as herein specifically granted to the city, 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 West Point.
SECTION 319. 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 area, it may grant a substantially equivalent
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nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the various utility companies shall remove or relocate their facilities to the alternate easement area at their 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 the 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 the 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 320. That the easement granted to the City of West Point shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 321. 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 322. 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 323. That this grant of easement shall be recorded by the grantee in the Superior Court of Troup County and a recorded copy shall promptly be forwarded to the State Properties Commission.
SECTION 324. That the authorization in this resolution to grant the above described easement to the City of West Point shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
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SECTION 325. 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 XXVI SECTION 326.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 72 and 77, 1st District, Walton County, Georgia, commonly known as the Walton Fish Hatchery, and that the property is in the custody of the Department of Natural Resources, which by official action dated January 31, 2014, did 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 327. 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 construction, operation, and maintenance of transmission lines and associated equipment along Willow Springs Church Road at Walton Fish Hatchery. Said easement area is located in Walton County and is more particularly described as follows:
That approximately 0.7 acre, lying and being in Land Lots 72 and 77, 1st District, Walton County, Georgia, and that portion only as shown on a drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 328. That the above described premises shall be used solely for the construction, operation, and maintenance of transmission lines and associated equipment.
SECTION 329. 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 construction, operation, and maintenance of transmission lines and associated equipment.
SECTION 330. That, after Georgia Power Company has put into use the transmission lines and associated 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,
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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 transmission lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 331. 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 332. 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 area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company 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 the 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 the 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 333. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 334. 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
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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 335. That the consideration for such easement shall be the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 336. That this grant of easement shall be recorded by the grantee in the Superior Court of Walton County and a recorded copy shall promptly be forwarded to the State Properties Commission.
SECTION 337. That the authorization in this resolution to grant the above described easement to Georgia Power Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 338. 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 XXVII SECTION 339.
That the State of Georgia is the owner of the hereinafter described real property lying and being in the 333rd and 1313th District, G.M., Wayne County, Georgia, commonly known as the Penholoway Swamp Wildlife Management Area, and that the property is in the custody of the Department of Natural Resources, which by official action dated January 31, 2014, did 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 340. That the State of Georgia, acting by and through its State Properties Commission, may grant to Okefenokee Rural Electric Membership Corporation, or its successors and assigns, a nonexclusive easement area for the construction, operation, and maintenance of underground power lines and associated equipment for the new Wildlife Resources Division Maintenance Facility at Penholoway Swamp Wildlife Management Area. Said easement area is located in Wayne County and is more particularly described as follows:
That approximately 0.28 acre, lying and being in the 333rd and 1313th District, G.M., of Wayne County, Georgia, and that portion only as shown on a drawing furnished by
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Okefenokee Rural Electric Membership Corporation, 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 341. That the above described premises shall be used solely for the construction, operation, and maintenance of underground power lines and associated equipment.
SECTION 342. That Okefenokee Rural 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 construction, operation, and maintenance of underground power lines and associated equipment.
SECTION 343. That, after Okefenokee Rural Electric Membership Corporation has put into use the power lines and associated 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, Okefenokee Rural 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 lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 344. That no title shall be conveyed to Okefenokee Rural Electric Membership Corporation and, except as herein specifically granted to Okefenokee Rural 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 Okefenokee Rural Electric Membership Corporation.
SECTION 345. 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 area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Okefenokee Rural Electric Membership Corporation shall remove or relocate its facilities
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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 the 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 the 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 346. That the easement granted to Okefenokee Rural Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be 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 347. 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 348. 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 349. That this grant of easement shall be recorded by the grantee in the Superior Court of Wayne County and a recorded copy shall promptly be forwarded to the State Properties Commission.
SECTION 350. That the authorization in this resolution to grant the above described easement to Okefenokee Rural Electric Membership Corporation shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
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SECTION 351. 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 XXVIII SECTION 352.
That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval.
SECTION 353. That all laws and parts of laws in conflict with this resolution are repealed.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison
Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton E Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick
Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd
Fludd Y Frazier E Frye
Gardner Gasaway E Geisinger Y Glanton
E Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin
Y Meadows Y Mitchell Y Morris
Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea E Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin
Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M.
Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A
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Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Martin Y Maxwell
Mayo Y McCall Y McClain
Scott Setzler Y Sharper Y Shaw Y Sims
Y Williams, C Y Williams, E
Williamson Y Yates
Ralston, Speaker
On the adoption of the Resolution, by substitute, the ayes were 151, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
SB 133. By Senators Miller of the 49th, Tippins of the 37th, Jeffares of the 17th, Sims of the 12th, Beach of the 21st and others:
A BILL to be entitled an Act to amend Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the Education Coordinating Council, so as to provide for the establishment of the Opportunity School District; to provide for conforming amendments; to provide for related matters; to provide for contingent effectiveness; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the Education Coordinating Council, so as to provide for the establishment of the Opportunity School District; to provide for definitions; to authorize the Opportunity School District to assume the supervision of public elementary and secondary schools that are qualifying; to provide for a superintendent for the district; to provide criteria; to provide for rating of schools; to provide for intervention models; to provide for opportunity schools seeking state charter school status; to provide for successful opportunity schools to exit state supervision; to provide for funding; to provide for applicability; to provide for support services and flexibility for schools on warning, schools on probation, and qualifying schools that are not selected; to repeal a provision relating to appropriate levels of intervention for failing schools; to provide for conforming amendments; to provide for related matters; to provide for contingent effectiveness; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
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Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the Education Coordinating Council, is amended by adding a new article to read as follows:
"ARTICLE 3
20-14-100. As used in this article, the term:
(1) 'Office' means the Office of Student Achievement. (2) 'Opportunity school' means a public elementary or secondary school under the supervision of the Opportunity School District. (3) 'Opportunity School District' or 'OSD' means the state-wide district established pursuant to this article. (4) 'OSD charter school' means an opportunity school authorized by the State Charter Schools Commission pursuant to Article 31A of Chapter 2 of this title. (5) 'OSD Superintendent' means the superintendent of the Opportunity School District appointed by the Governor pursuant to Code Section 20-14-102. (6) 'Qualifying school' means a public elementary or secondary school that earns a rating of F pursuant to Code Section 20-14-104 for a minimum of three consecutive years. (7) 'School on probation' means a public elementary or secondary school that earns a rating of F pursuant to Code Section 20-14-104 for two consecutive years. (8) 'School on warning' means a public elementary or secondary school that earns a rating of F pursuant to Code Section 20-14-104 for one year.
20-14-101. (a) The Opportunity School District is hereby created pursuant to the authority granted in Article VIII, Section V, Paragraph VIII of the Georgia Constitution. The Opportunity School District shall be authorized to assume the supervision, management, and operation of public elementary and secondary schools which have been determined to be qualifying pursuant to this article. (b) The Opportunity School District shall be established within the Office of Student Achievement.
20-14-102. (a) The Governor shall appoint a superintendent, to be confirmed by the Senate, to serve as the executive officer of the Opportunity School District. The OSD Superintendent shall serve at the pleasure of the Governor and shall have such qualifications as set forth in subsection (b) of Code Section 20-2-101 and salary as determined by the Governor. The OSD Superintendent shall be an employee of the office but shall report directly to the Governor. (b) The OSD Superintendent shall develop guidelines and procedures for the operation of the OSD. The OSD Superintendent shall annually provide a report to the General Assembly on all aspects of operation, including the selection, intervention chosen, and
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progress of the opportunity schools. The report shall also be published on the office website.
20-14-103. (a) The Opportunity School District shall be authorized to select up to 20 qualifying schools to add to the OSD in any single school year. The Opportunity School District shall have no more than 100 schools under its supervision at any given time. The schools selected for inclusion in the OSD should represent geographic diversity, including urban and rural schools. (b) Selection of up to 20 qualifying schools to add to the OSD in any single school year shall be based on an analysis of performance over the most recent three-year period with emphasis on student growth and progress and other considerations, including geographic clusters of qualifying schools, feeder patterns with multiple eligible schools, current turn-around efforts, availability of qualified partners, and community engagement and support. The school selection process shall include a public hearing to allow for parent and community input and the final selection of which schools are transferred into the OSD shall be in the sole discretion of the OSD Superintendent. (c) The OSD Superintendent shall have the sole discretion in determining the timing and sequencing of transferring qualifying schools to the OSD, which may take into consideration the capacity of the OSD in successfully overseeing each school. Prior to transferring any qualifying school to the OSD, the OSD Superintendent shall conduct an evaluation of the school to determine the factors contributing to the school's performance and shall conference with the school principal, local board of education members, and the local school superintendent to share the findings of the evaluation and discuss options for remediation in a joint effort between the OSD and the local school system. The OSD Superintendent shall evaluate and identify the qualifying schools selected for intervention no later than April 1 prior to the initial school year in which the OSD intervention model will be implemented. The specific intervention model in subsection (a) of Code Section 20-14-105 most appropriate for each school based on the findings of the evaluation shall be identified by the OSD Superintendent no later than July 1 of the effective school year and published on the office website. (d) The OSD Superintendent is authorized to waive specifically identified State Board of Education rules, regulations, policies, and procedures, or provisions of Chapter 2 of this title for opportunity schools. The goal for each waiver shall be improvement of student performance. The OSD Superintendent 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 this chapter; the requirements of Code Section 20-2-211.1 relating to fingerprint and criminal background checks; state accountability requirements, including but not limited to teacher and leader evaluation pursuant to Code Section 20-2-210; or the requirements in subsection (c) of Code
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Section 20-2-327. A school that has received a waiver shall remain subject to the provisions of Part 3 of Article 2 of this chapter, 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. All opportunity schools shall comply with all applicable constitutional and statutory nondiscrimination requirements. (e) In the event that a qualifying school selected to be an opportunity school pursuant to this article is an existing charter school or is currently subject to any school level requirements included in a charter system contract or a contract executed pursuant to Article 4 of Chapter 2 of this title, the authority of the OSD shall supersede any such charter or contract with respect to the qualifying school and the State Board of Education and affected local board of education shall take all necessary steps to modify or cancel any such charter or contract with respect to the qualifying school to effectuate this.
20-14-104. The office shall annually, for purposes of this article, determine a rating of A, B, C, D, or F for each public elementary and secondary school in this state based on student achievement, achievement gap closure, and student growth. Such ratings shall be based on the state accountability system approved by the State Board of Education.
20-14-105. (a) An opportunity school may be subject to any of the following intervention models, as determined by the OSD Superintendent:
(1) Direct management of the opportunity school by the OSD; (2) Shared governance of the opportunity school by the OSD and the local board of education pursuant to a contract in which the local board of education operates the school and the OSD Superintendent has the authority to direct changes to be made at the school; (3) Reconstitution of the school as an OSD charter school in which the OSD works in collaboration with the State Charter Schools Commission to build capacity of petitioning governing boards and charter school applications to establish a charter that will be approved by the State Charter Schools Commission; or (4) Closure of an opportunity school which is not enrolled at full capacity and reassigning the students to a nonqualifying school within the local school system. School closure shall be the intervention of last resort. (b) The OSD Superintendent shall establish and implement a process for gaining community feedback and input to inform his or her decision regarding the most appropriate intervention model for a particular school. (c)(1) For opportunity schools under the intervention models in paragraphs (2) and (3) of subsection (a) of this Code section, the school principal or OSD charter school governing board shall be authorized to make decisions about school finance, human capital, and curriculum and instruction for the opportunity school; provided, however, that the OSD Superintendent may direct school principals to make certain decisions
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under the intervention model in paragraph (2) of subsection (a) of this Code section. For such schools, the OSD Superintendent and staff shall provide appropriate training and support to develop effective leadership in such areas. (2) For opportunity schools under the intervention model in paragraph (1) of subsection (a) of this Code section, the OSD shall be authorized to have a direct role in making decisions about school finance, human capital, and curriculum and instruction for the opportunity school while developing the leadership capacity in such schools. (3) For opportunity schools under the intervention models in paragraphs (1) and (2) of subsection (a) of this Code section, the existing local school councils may remain in place or may be reconstituted under the guidance of the opportunity school principal so long as they still meet the requirements in Code Section 20-2-86 regarding the composition of the council. The school council shall serve as an advisory board for the principal. (4) For opportunity schools under the intervention model in paragraph (3) of subsection (a) of this Code section, parents and advisory board members shall be eligible for consideration to fill specific roles on the governing board. (d) All opportunity schools shall remain open to enrollment in the same manner with the same attendance zone as prior to becoming an opportunity school. (e) An opportunity school may purchase services from the OSD, the local board of education, or an education service provider for routine student support and operational services for an opportunity school. The opportunity school shall solicit and preferentially consider qualified local contractors and service providers. The local board of education shall be required to cooperate fully with the opportunity school, whether under the control of the OSD or the State Charter Schools Commission, to make available at a reasonable cost all appropriate services requested. Such services may include, but are not limited to, transportation, cafeteria services, custodial services, alternative education, broadband, utilities, special education services, test administration services, and student information services. The local board of education shall be required to make immediately available to the opportunity school, at no cost, the student records for all students of that school. (f) Opportunity schools shall develop and provide for positive behavioral interventions and supports, which means an evidence based data-driven framework to reduce the disciplinary incidents, increase a school's sense of safety, and support improved academic outcomes through a multitiered approach, using disciplinary data and principles of behavior analysis to develop school-wide, targeted, and individualized interventions and supports. Additionally, opportunity schools shall develop and provide for response to intervention, which means a framework of identifying and addressing the academic and behavioral needs of students through a tiered system. (g) Opportunity schools shall develop and provide for integrated student supports that target academic and nonacademic barriers to achievement and, where appropriate, shall form partnerships to implement proven or innovative strategies.
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(h) The OSD Superintendent or OSD charter school governing board shall select and hire the school principal for an opportunity school. Within the limits of the school budget, the school principal shall select staff members in accordance with guidance from the OSD or OSD charter school governing board. Before finalizing staffing recommendations, the principal, the OSD Superintendent, or the OSD charter school governing board shall interview all existing staff members at the qualifying school and review student growth and performance data for those staff members for whom it is available. The OSD or OSD charter school governing board shall have the authority to decide whether any leader, teacher, or staff member previously assigned to a qualifying school selected to become an opportunity school shall continue as an employee of the opportunity school. Any such employees retained shall become employees of the OSD or OSD charter school governing board, on the principal's recommendation, and be under their control. Any teacher subject to Code Section 20-2-942 who is not given the option to continue as an employee for the opportunity school shall remain an employee of the local board of education. The local board of education may determine whether or not to continue the employment of any teacher who is not given the option to continue as an employee for the opportunity school, subject to Code Section 20-2-942. Local boards of education may use the authority contained in Code Section 20-2-943 to reassign staff and in Code Section 20-2-948 to implement their reduction in force policy.
20-14-106. (a) For opportunity schools other than OSD charter schools, the OSD Superintendent shall set clear goals, empower and equip teachers and school leaders to meet the goals, and hold such teachers and school leaders accountable to meet the goals. The OSD Superintendent shall approve appropriate waivers for the qualifying school pursuant to subsection (d) of Code Section 20-14-103. (b) For opportunity schools that become OSD charter schools, the State Charter Schools Commission shall set such goals and hold such teachers and school leaders accountable. (c) The OSD Superintendent shall select, approve, or remove the school principal for opportunity schools and the governing board members for opportunity schools which become OSD charter schools.
(d)(1) Each OSD charter school shall have a governing board that is involved in school-level governance of the school. The governing board shall be organized and operated as a nonprofit corporation under the laws of this state. The OSD charter school shall be a public, nonsectarian, nonreligious, nonprofit school that is not home based, provided that a school's nonprofit status shall not prevent the school from contracting for the services of a for profit entity. (2) The members of the governing board for an OSD charter school shall come from the community and shall meet the following qualifications:
(A) Must be a United States citizen; (B) Must be a resident of Georgia; and
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(C) Must not be an employee of the opportunity school. (3) The OSD Superintendent, after soliciting and considering recommendations from the local legislative delegation, shall make the final selection of governing board members for OSD charter schools and shall ensure that the boards possess the financial, legal, and educational expertise needed to successfully run a school. (e) The OSD Superintendent shall enter into an agreement with the school principal, the OSD charter school governing board, or the local board of education regarding specific goals for each opportunity school related to higher academic outcomes for students, quality careers for graduates, safe and positive learning environments for children, parent and community engagement, and the efficient and effective use of taxpayer dollars.
20-14-107. (a) In an effort to ensure high quality charter petitions for opportunity schools seeking OSD charter school status, the OSD Superintendent shall:
(1) Solicit, screen, and select or approve OSD charter school governing board members; and (2) Assist the OSD charter school governing board members in charter petition development and review; provided, however, that such assistance shall conclude upon approval by the State Charter Schools Commission of the opportunity school as an OSD charter school. (b) In an effort to provide opportunity schools seeking OSD charter school status with necessary support, the State Charter Schools Commission shall solicit, screen, and select education service providers, including independent consultants, education management organizations, charter management organizations, and other support organizations, that can partner with the OSD charter school governing boards to support or operate such OSD charter schools. (c) The State Charter Schools Commission shall establish a separate application cycle for opportunity schools seeking OSD charter school status. Such application cycle shall allow commission staff and commission members to evaluate the needs of an opportunity school, match them with an education service provider, and work with both parties to ensure the execution of a viable curricular model and educational program. (d) Upon renewing a state charter, an OSD charter school shall no longer be considered a part of the OSD but shall be subject to the terms of its charter and the provisions of Article 31A of Chapter 2 of this title. The local board of education shall be required to continue any and all facility use and service provision agreements previously in place with the OSD regarding any such OSD charter school as long as the OSD charter school continues to operate in that facility. (e) If an opportunity school is not approved or renewed by the State Charter Schools Commission as an OSD charter school, the school shall remain under or return to the supervision of the OSD, and the OSD Superintendent shall reevaluate the school's performance and determine the appropriate intervention pursuant to subsection (a) of Code Section 20-14-105 for the school. If an initial charter petition by an opportunity
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school to become an OSD charter school is denied by the State Charter Schools Commission, the opportunity school may submit another charter petition in a subsequent cycle. If a renewal charter petition by an opportunity school to continue as an OSD charter school is denied by the State Charter Schools Commission at the end of its initial term, the governing board of the school may not elect to seek approval from the local board of education as a local charter school.
20-14-108. (a) Facilities of qualifying schools that are transferred to the supervision of the OSD as opportunity schools shall come under the control of the OSD. The OSD Superintendent may assign the facility for use by an OSD charter school governing board to operate the opportunity school. The OSD or the OSD charter school governing board shall be responsible for paying the pro-rata bond indebtedness of the school. The contents of the facility, including but not limited to textbooks, technology, media resources, instructional equipment, and all other resources shall remain with the facility and be available for use by the opportunity school. In the event that the OSD Superintendent closes a qualifying school, the local board of education shall not use the facility to open a school with the same grade span or attendance zone that is substantially the same for three years. (b) The OSD or OSD charter school governing board shall be responsible for the routine maintenance and repair of the facilities and property, such that they are maintained in the same manner prior to the school's transition to the OSD. The OSD or OSD charter school governing board shall be responsible for reasonable costs for all utilities at an opportunity school as provided in subsection (d) of Code Section 20-14105. (c) The local board of education shall continue to be responsible for extensive repairs, as determined by the State Properties Commission, to buildings or facilities considered capital expenses. Any fixtures, improvements, or tangible assets added to a school building or facility by the OSD while the school is an opportunity school shall remain with the school building or facility upon its return to the control of the local board of education pursuant to Code Section 20-14-109.
20-14-109. (a) An opportunity school shall remain under the supervision of the OSD for a minimum of five consecutive years or, for an OSD charter school, for the term of the initial charter for such school; provided, however, that if an opportunity school earns, for three consecutive years, a rating above an F pursuant to Code Section 20-14-104, it shall be removed from the OSD. If an opportunity school that becomes an OSD charter school that subsequently earns a rating above an F for three consecutive years, it shall no longer be subject to the oversight of the OSD but shall remain under the authority of the State Charter Schools Commission and shall operate according to the terms of its charter.
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(b) An opportunity school shall remain under the supervision of the OSD for no more than ten years. Renewal of a charter for an opportunity school shall result in the exit of the school from the OSD. For other opportunity schools, the OSD Superintendent shall engage the school, the school community, and the school's local board of education in a negotiation to determine the best transition plan for the school to leave the supervision of the OSD. (c) An opportunity school that becomes an OSD charter school shall work with the State Charter Schools Commission to renew and continue an effective charter or, if ineffective as a charter school, shall return to the governance of the OSD. If a successful OSD charter school does not wish to remain under the authorization of the State Charter Schools Commission for a subsequent charter term after demonstrating effective performance, the State Charter Schools Commission and the OSD shall coordinate the development of a transition plan back to the governance of the local board of education, which may include, but is not limited to, approval by the local board of education as a local charter school.
20-14-110. (a) The OSD shall be treated as a single local education agency; provided, however, that opportunity schools that are OSD charter schools shall be treated individually as single local education agencies in accordance with Code Section 20-2-2090. The State Charter Schools Commission shall annually provide an analysis of the performance of opportunity schools that are OSD charter schools. The commission shall work with the OSD Superintendent to determine additional assistance that may be needed to improve the performance of the school. (b) The OSD shall be responsible for data reporting for all opportunity schools under the intervention model in paragraph (1) of subsection (a) of Code Section 20-14-105. The local board of education shall be responsible for data reporting for all opportunity schools under the intervention model in paragraph (2) of subsection (a) of Code Section 20-14-105. OSD charter schools shall be subject to data reporting in accordance with Code Section 20-2-2090. For all opportunity schools, the entity responsible for data reporting shall comply with the requirements of Code Section 20-2-740.
20-14-111. (a) Funding for an opportunity school shall be an amount equal to the sum of:
(1) QBE formula earnings, QBE grants, and federal grants earned by the school based on the school's enrollment, school profile, and student characteristics. QBE formula earnings shall include the salary portion of direct instructional costs, the adjustment for training and experience, the nonsalary portion of direct instructional costs, earnings for psychologists and school social workers, school administration, facility maintenance and operation, media centers, additional days of instruction in accordance with Code Section 20-2-184.1, and staff development and shall include the portion of funds that are calculated as the local five mill share pursuant to Code Section 20-2-164;
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(2) A proportional share of state categorical grants, non-QBE state grants, state equalization grants, and all other state and federal grants; and (3) An amount determined by OSD for each student enrolled in such school equal to a proportional share of local revenue from the local school system in which the school is located. (b) The OSD may withhold up to 3 percent of the amount determined pursuant to subsection (a) of this Code section for each opportunity school for use in administering the duties required pursuant to this article; provided, however, that any amount withheld pursuant to this subsection shall be spent solely on expenses incurred by the OSD in performing the duties required by this article. For opportunity schools that are OSD charter schools, the 3 percent withheld shall be shared equally between the OSD and the State Charter Schools Commission for the initial term of the charter. (c) The total allotment of state and federal funds to the local school system in which an opportunity school is located shall be calculated as otherwise provided in Article 6 of Chapter 2 of this title with an ensuing reduction equivalent to the amount of funds appropriated to the opportunity schools pursuant to paragraph (3) of subsection (a) of this Code section. (d) Opportunity schools that become OSD charter schools and subsequently exit the OSD shall continue to be eligible for the same level of funding provided for in this Code section that they were eligible for while under the authority of the OSD. (e) The General Assembly may appropriate additional funds to be allocated among the opportunity schools within the OSD at the discretion of the OSD Superintendent for necessary and innovative purposes. In addition, private funds may be solicited and accepted by the OSD to support opportunity schools.
20-14-112. (a) The State Board of Education is authorized to waive specifically identified State Board of Education rules, regulations, policies, and procedures, or provisions of Chapter 2 of this title for schools on warning, schools on probation, and qualifying schools not selected as opportunity schools. The goal for each waiver shall be improvement of student performance. Notwithstanding subsection (g) of Code Section 20-2-244, the State Board of Education is authorized to waive the provisions referenced in paragraphs (1) through (4) of subsection (g) of Code Section 20-2-244 for schools on warning, schools on probation, and qualifying schools not selected as opportunity schools and is also authorized to waive any other state board rule, regulation, policy, procedure, or provision of Chapter 2 of this title for such schools pursuant to Code Section 20-2-244. Any waivers granted pursuant to this subsection may be renewable annually based on student performance. The State Board of Education shall coordinate with the OSD Superintendent in determining appropriate waivers for a qualifying school that was not selected as an opportunity school to enable school improvement services and technical assistance by the department pursuant to subsection (b) of this Code section. The State Board of Education shall communicate to the OSD Superintendent any waivers granted to a school on warning or a school on probation.
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Any waivers granted pursuant to this subsection shall not preclude the school from being selected in subsequent years for inclusion in the OSD. (b) The Department of Education shall provide school improvement services and technical assistance to schools on warning, schools on probation, and qualifying schools not selected for intervention by the OSD Superintendent pursuant to this article which may include, but is not limited to, appointing a Department of Education school improvement team to:
(1) Conduct a comprehensive on-site evaluation of the school to determine the cause for the school's low performance and lack of progress that includes presentations by the chairperson of the local board of education, the school principal, a parent member of the local school council, and other school personnel; (2) Recommend actions, including reallocation of resources and technical assistance, changes in school procedures or operations, professional learning focused on student achievement for instructional and administrative staff, intervention for individual administrators or teachers, instructional strategies based on scientifically based research, waivers from state statutes or rules, adoption of policies and practices to ensure all groups of students meet the state's proficiency level, extended instruction time for low-performing students, strategies for parental involvement, incorporation of a teacher mentoring program, smaller class size for low-performing students, or other actions the team considers appropriate; (3) Assist in the development of an intensive school improvement plan focused on student achievement; and (4) Monitor the progress of the school in implementing the intensive school improvement plan focused on student achievement.
20-14-113. This article shall be applicable beginning with school year 2017-2018."
SECTION 2. Said chapter is further amended by repealing Code Section 20-14-41, relating to appropriate levels of intervention for failing schools, master or management team, school improvement team, annual reports, data revision, and hearings.
SECTION 3. Code Section 20-2-84 of the Official Code of Georgia Annotated, relating to the accountability, flexibility, and consequences components of contracts, is amended by revising paragraph (1) of subsection (c) as follows:
"(1) Interventions or sanctions for failure to meet identified levels of achievement or for not showing specified levels of progress pursuant to Code Section 20-14-41, which may be accelerated; and"
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SECTION 4.
Code Section 20-2-186 of the Official Code of Georgia Annotated, relating to the allocation of funds for local systems to pay beginning salaries of superintendents, secretaries, accountants, nurses, and certain other personnel, is amended by revising subsection (c) as follows:
"(c) Notwithstanding any provision of this Code section to the contrary, no local system shall earn funds under this Code section, except for funds for nurses, accountants, visiting teachers, school psychologists, and secretaries, if the local board of education has not implemented in a failing school within the system the interventions, as defined in Code Section 20-14-41, that are prescribed by the State Board of Education or the office pursuant to their respective authority."
SECTION 5.
Code Section 20-2-2068 of the Official Code of Georgia Annotated, relating to termination of a charter for a charter school, is amended by revising subparagraph (a)(2)(A) as follows:
"(A) A failure to comply with any recommendation or direction of the state board with respect to Code Section 20-14-41 any intervention prescribed by the state board pursuant to the charter;"
SECTION 6.
(a) This Act shall become effective on January 1, 2017, only if an amendment to the Constitution is ratified at the November, 2016, general election expressly allowing the General Assembly to authorize the establishment of an Opportunity School District to provide for state intervention for failing schools. (b) If such an amendment to the Constitution is not so ratified, then this Act shall not become effective and shall stand repealed by operation of law on January 1, 2017.
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:
N Abrams N Alexander E Allison
Anderson Y Atwood Y Ballinger N Barr E Battles
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey
E Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens
Y Meadows N Mitchell N Morris N Mosby Y Nimmer Y Nix Y Oliver Y O'Neal
N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer Y Stephens, M Y Stephens, R
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E Beasley-Teague N Bell Y Belton E Bennett E Bentley N Benton Y Beskin N Beverly Y Broadrick Y Brockway N Brooks N Bruce Y Bryant N Buckner Y Burns N Caldwell, J N Caldwell, M Y Cantrell Y Carson Y Carter N Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman E Cooke
Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming N Floyd N Fludd N Frazier E Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon N Gravley Y Greene Y Hamilton
N Holcomb N Holmes Y Houston N Howard N Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra N Marin Y Martin Y Maxwell N Mayo Y McCall N McClain
Y Pak Y Parrish Y Parsons Y Peake Y Petrea E Pezold Y Powell, A Y Powell, J N Prince Y Pruett N Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sims
N Stephenson Y Stovall N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin
Taylor, D Y Taylor, T Y Teasley N Thomas, A.M.
Thomas, E N Trammell N Turner
Waites Y Watson Y Welch Y Weldon Y Werkheiser N Wilkerson Y Wilkinson Y Willard N Williams, A N Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 108, nays 53.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Coomer of the 14th asked unanimous consent that SB 133 be immediately transmitted to the Senate.
It was so ordered.
The following Resolution of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
HR 613. By Representatives Martin of the 49th, Smith of the 70th, Parsons of the 44th, Williamson of the 115th, McClain of the 100th and others:
A RESOLUTION encouraging the United States Environmental Protection Agency (EPA) to withdraw the proposed Clean Power Plan; supporting the comments submitted to EPA by the Georgia Environmental Protection Division (EPD), the Georgia Public Service Commission (PSC), and the
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Attorney General of Georgia (Attorney General) on the Clean Power Plan; encouraging Congress and the President to enact legislation delaying implementation of the final Clean Power Plan until certain criteria are met; 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 E Allison
Anderson Y Atwood Y Ballinger Y Barr E Battles E Beasley-Teague N Bell Y Belton E Bennett E Bentley Y Benton Y Beskin N Beverly Y Broadrick Y Brockway N Brooks N Bruce Y Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas Y Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration
Ehrhart Y England Y Epps N Evans E Fleming N Floyd N Fludd N Frazier E Frye N Gardner Y Gasaway E Geisinger Y Glanton Y Golick N Gordon Y Gravley Y Greene Y Hamilton
E Harbin Y Harden E Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston N Howard N Hugley N Jackson Y Jacobs E Jasperse Y Jones, J Y Jones, J.B. E Jones, L N Jones, S E Jordan N Kaiser Y Kelley N Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo Y McCall Y McClain
Y Meadows N Mitchell Y Morris Y Mosby Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea E Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders
Scott Y Setzler N Sharper Y Shaw Y Sims
N Smith, E Y Smith, L N Smith, M Y Smith, R
Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson Y Stovall
Stover Y Strickland
Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, E N Trammell Y Turner
Waites Y Watson Y Welch Y Weldon Y Werkheiser N Wilkerson E Wilkinson Y Willard N Williams, A E Williams, C N Williams, E
Williamson Y Yates
Ralston, Speaker
On the adoption of the Resolution, the ayes were 111, nays 41.
The Resolution, having received the requisite constitutional majority, was adopted.
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By unanimous consent, the following Resolution of the House was postponed until the next legislative day:
HR 620. By Representative Drenner of the 85th:
A RESOLUTION urging local boards of education in Georgia to provide educational awareness regarding renewable energy; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 246. By Representatives Knight of the 130th, Carson of the 46th, Mosby of the 83rd and Wilkerson of the 38th:
A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to provide for powers and actions granted to other licensing boards; to revise and add definitions; to provide that the State Board of Accountancy is administratively attached to the State Accounting Office; to change provisions relating to foreign registered accountants; to change the standard of proof; to provide for confidentiality of certain information; to amend Chapter 5B of Title 50 of the Official Code of Georgia Annotated, relating to the State Accounting Office, so as to remove the State Board of Accountancy as a division of the State Accounting office; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate amendments were read:
Senate Amendment #1
The Senate moves to amend HB 246 (LC 29 6308ER) by replacing "1975.'" with "1975.'"" at the end of line 212 and deleting lines 213 through 216.
Senate Amendment #2
The Senate moves to amend HB 246 (LC 29 6308ER) by replacing line 124 with the following: refuse to certify an applicant when it finds by clear and convincing
Representative Knight of the 130th moved that the House disagree to the Senate amendments to HB 246.
The motion prevailed.
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Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
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Representative Hall, Atlanta, Georgia
Thursday, March 26, 2015
Thirty-Seventh Legislative Day
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:
Abrams Alexander E Allison Anderson Atwood Ballinger Barr Battles E Beasley-Teague Bell Belton E Bennett E Bentley Benton Beskin Beverly Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carter Casas Chandler Cheokas Clark, D Clark, H Clark, V Coleman E Cooke
Coomer Cooper Corbett E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming E Floyd Fludd Frazier Frye Gardner Gasaway E Geisinger Glanton Golick Gordon Gravley Greene Hamilton
E Harbin Harden Harrell Hatchett Hawkins Henson Hightower Hitchens Holcomb Holmes Houston Howard Hugley Jackson
E Jasperse Jones, J Jones, J.B.
E Jones, L E Jones, S E Jordan
Kaiser Kelley Kendrick Kidd E Kirby Knight LaRiccia Lumsden Mabra Marin Martin Maxwell McCall McClain Meadows
Mitchell Morris Nimmer Nix O'Neal Pak Parrish Parsons Peake Petrea Pezold Powell, A Powell, J Prince Pruett Quick Raffensperger E Rakestraw Ramsey Randall Reeves Rhodes Rice Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sims Smith, E
Smith, L Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner E Waites Watson Welch Weldon Werkheiser 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 Dickson of the 6th, Jacobs of the 80th, Mayo of the 84th, Mosby of the 83rd, Oliver of the 82nd, and Stephenson of the 90th.
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They wished to be recorded as present.
Prayer was offered by Dr. Terry Walton, Senior Pastor, Gainesville First United Methodist Church, Gainesville, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 665. By Representatives Scott of the 76th, Smyre of the 135th, Brooks of the 55th, Dawkins-Haigler of the 91st, Abrams of the 89th and others:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide for the automatic registration of voters who obtain, renew, or change their name or address on a driver's license or identification card issued by the Department of Driver Services; to provide for related matters; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Governmental Affairs.
HB 666. By Representatives Drenner of the 85th and Buckner of the 137th:
A BILL to be entitled an Act to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to create the Coast Smart Water Commission; to provide for membership, authority, and responsibilities of the commission; to provide that certain state capital projects comply with siting and design criteria established by the commission to minimize the effects of coastal flooding and rising sea levels; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 667. By Representative Drenner of the 85th:
A BILL to be entitled an Act to amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to the general provisions relative to public utilities, so as to provide for preferred payment plans for utility customers on fixed incomes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 676. By Representative Brockway of the 102nd:
A BILL to be entitled an Act to amend Chapter 29 of Title 50 of the Official Code of Georgia Annotated, relating to information technology, so as to provide for the submission of business cases in certain circumstances; to provide for change management requirements for certain projects; to provide for legislative intent and findings; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 677. By Representatives Stephens of the 164th, Rogers of the 29th, Harbin of the 122nd and Evans of the 42nd:
A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government; to amend Title 13 of the O.C.G.A., relating to contracts; to amend Title 16 of the O.C.G.A., relating to crimes and offenses; to provide for related matters; to provide for a contingent effective date and repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Judiciary Non-Civil.
HB 678. By Representative Smith of the 134th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible property; to provide for conforming changes with respect to certain tax ceilings, imposition of taxes, collection from dealers, disposition of certain excess taxes, compensation of dealers for reporting and paying taxes, and payment of taxes by certain contractors; 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 787. By Representatives Gardner of the 57th, Ramsey of the 72nd, Parrish of the 158th, Williams of the 119th, Dickerson of the 113th and others:
A RESOLUTION encouraging Governor Nathan Deal to establish a Diabetes Control Grant Program Advisory Board and to fund the proposed grant programs outlined in the Diabetes Health and Improvement Act of 2010; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 788. By Representatives Stephens of the 164th, Sims of the 123rd and O'Neal of the 146th:
A RESOLUTION creating the House Study Committee on Cyber Security; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HR 807. By Representatives Stephens of the 164th, Rogers of the 29th, Harbin of the 122nd and Evans of the 42nd:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the local authorization of a limited number of licensed casino resorts within the state; to authorize the operation and regulation of limited casino gaming within the state; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
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Referred to the Committee on Regulated Industries.
HR 808. By Representative Smith of the 134th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that funds derived from an additional .2 percent increase in the general state sales and use tax shall be appropriated for the treatment of autism spectrum disorder; to authorize the General Assembly to allocate and direct the use of such funds by general law; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Ways & Means.
HR 809. By Representatives Bentley of the 139th, Anderson of the 92nd, Randall of the 142nd, Deffenbaugh of the 1st and Dickey of the 140th:
A RESOLUTION honoring the life of Dr. Delores Felder and dedicating a bridge in her memory; and for other purposes.
Referred to the Committee on Transportation.
By unanimous consent, the rules were suspended in order that the following Resolutions of the House could be introduced, read the first time and referred to the Committees:
HR 826. By Representatives Tankersley of the 160th, Ehrhart of the 36th, Parrish of the 158th, Stephens of the 164th and Werkheiser of the 157th:
A RESOLUTION urging the Congress of the United States, the National Institutes of Health, and its National Cancer Institute to increase funding for childhood cancer research and to continue their support for pediatric clinical trials in Georgia; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 827. By Representatives Ramsey of the 72nd, Meadows of the 5th, Smyre of the 135th, Stephens of the 164th, Maxwell of the 17th and others:
A RESOLUTION creating the House Study Committee on the Preservation of the HOPE Scholarship Program; and for other purposes.
Referred to the Committee on Rules.
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HR 828. By Representatives Houston of the 170th, England of the 116th, Parrish of the 158th, Dempsey of the 13th, Taylor of the 173rd and others:
A RESOLUTION creating the House Study Committee on the Provision of Indigent and Charity Health Care Services; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 829. By Representatives Clark of the 98th, Thomas of the 39th, Barr of the 103rd, Martin of the 49th, Kelley of the 16th and others:
A RESOLUTION creating the House Welfare Fraud 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 653 HB 658 HB 660 HB 662 HB 664 HB 669 HB 671 HB 673 HB 675 HR 766 HR 784 HR 786 HR 806
HB 654 HB 659 HB 661 HB 663 HB 668 HB 670 HB 672 HB 674 HR 765 HR 767 HR 785 HR 805 SB 208
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 Senate and has instructed me to report the same back to the House with the following recommendations:
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SB 116 SB 156 SB 176
Do Pass Do Pass Do Pass
SB 132 SB 164 SR 80
Do Pass, by Substitute Do Pass Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 97th
Chairman
Representative Rynders of the 152nd 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 59 Do Pass, by Substitute SB 104 Do Pass
SB 85 SB 127
Do Pass, by Substitute Do Pass, by Substitute
Respectfully submitted, /s/ Rynders of the 152nd
Chairman
Representative Tankersley of the 160th 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 596 HB 644 HB 652 HB 656 SB 171 SB 224
Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass Do Pass
HB 643 HB 651 HB 655 HB 657 SB 172
Do Pass Do Pass Do Pass Do Pass Do Pass
Respectfully submitted, /s/ Tankersley of the 160th
Chairman
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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 99 SB 130 SB 160
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute
Respectfully submitted, /s/ Golick of the 40th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR THURSDAY, MARCH 26, 2015
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 37th Legislative Day as enumerated below:
DEBATE CALENDAR
Open Rule
None
Modified Open Rule
HR 640 HR 641 SB 119 SR 26
Joint Study Committee on Health, Education, and School-Based Health Centers; create (Substitute)(H&HS-Broadrick-4th) Joint Study Committee on Children's Mental Health; create (Substitute)(H&HS-Dempsey-13th) "Water Professionals Appreciation Day"; designate the first Monday in May of each year in Georgia (NR&E-Smith-70th) Jeffares-17th Joint House and Senate Coastal Greenway Study Committee; create (ED&T-Stephens-164th) Ligon, Jr.-3rd
THURSDAY, MARCH 26, 2015
3509
Modified Structured Rule
SB 100
SB 101 SB 194 SB 195
Motor Vehicles and Traffic; provide for applicability with current federal reg. in the safe operations of motor carriers and commercial motor vehicles (Substitute)(MotV-Greene-151st) Harper-7th(Rules Committee Substitute LC 39 1057S) Soil Erosion and Sedimentation; provide for buffer against coastal marshlands within which certain land-disturbing activities are prohibited (NR&E-Stephens-164th) Watson-1st (AM 40 0138) Pharmacists and Pharmacies; certain provisions shall not apply; facility engaged solely in the distribution of dialysate, drugs; patients with end stage renal disease (Substitute)(H&HS-Cooper-43rd) Jeffares-17th Bonds and Recognizances; increase fees allowed for continuing education programs (Substitute)(JudyNC-Harrell-106th) Williams-27th
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 596. By Representatives Jacobs of the 80th, Taylor of the 79th, Kendrick of the 93rd, Holcomb of the 81st, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead, approved May 5, 2006 (Ga. L. 2006, p. 4636), as amended, so as to modify the time limitation on such exemption; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
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A BILL TO BE ENTITLED AN ACT
To amend an Act providing for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead, approved May 5, 2006 (Ga. L. 2006, p. 4636), as amended, so as to modify the time limitation on such exemption; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead, approved May 5, 2006 (Ga. L. 2006, p. 4636), as amended, is amended by revising subsection (f) of Section 1 as follows:
"(f)(1) Except as provided in paragraph (2) of this subsection, the exemption granted by subsection (b) of this section shall apply only to taxable years 2007 through 2021. Except as provided in paragraph (2) of this subsection, unless renewed or extended by subsequent Act of the General Assembly, the exemption granted by subsection (b) of this section shall not apply to taxable year 2022 or any subsequent taxable year. (2) If the General Assembly enacts an equalized homestead option sales and use tax and such tax is placed into effect in DeKalb County during the period the exemption granted by subsection (b) of this section is in effect, the exemption granted by subsection (b) of this section shall be tolled for as long as the equalized homestead option sales and use tax is in effect. Upon the cessation of the collection of the equalized homestead option sales and use tax, the exemption granted by subsection (b) of this section shall resume for the number of years that remained in the period set forth in paragraph (1) of this subsection at the time of the imposition of the equalized homestead option sales and use tax."
SECTION 2. Provided that the General Assembly enacts an equalized homestead option sales and use tax in its 2015-2016 biennial session, 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 DeKalb County for approval or rejection. If the General Assembly does not enact an equalized homestead option sales and use tax in its 2015-2016 biennial session, no such election shall be held. If such election is held, the election superintendent shall conduct such election on the Tuesday next following the first Monday in November, 2016. The election superintendent shall issue the call and conduct such election as provided by general law. The election superintendent shall cause the
THURSDAY, MARCH 26, 2015
3511
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 amends the homestead exemption from ( ) NO DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead by extending the time limitation on such exemption?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2017, and shall apply to all taxable years beginning on or after that date. If the Act is not so approved or if the General Assembly does not enact an equalized homestead option sales and use tax in its 2015-2016 biennial session, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following such election date. The expense of such election shall be borne by DeKalb County. It shall be the duty of the election superintendent of DeKalb County to certify the results thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 643. By Representatives Clark of the 147th, Harden of the 148th, Dickey of the 140th, O`Neal of the 146th and Epps of the 144th:
A BILL to be entitled an Act to amend an Act authorizing the governing authority of the City of Warner Robins to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A., approved May 11, 2009, (Ga. L. 2009, p. 3981), so as to change a reference to a resolution passed by the city council; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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HB 644. By Representatives Clark of the 147th, Dickey of the 140th, Epps of the 144th, O`Neal of the 146th and Harden of the 148th:
A BILL to be entitled an Act to amend an Act providing for a homestead exemption from all City of Warner Robins ad valorem taxes for any city purposes, including, but not limited to, taxes to retire bonded indebtedness for certain persons who have been residents of the City of Warner Robins for at least the immediately preceding five years and who are 65 years of age or older, approved April 5, 1995 (Ga. L. 1995, p. 4189), as amended, so as to change the date for filing an application for such homestead exemption; 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 651. By Representatives Maxwell of the 17th, Gravley of the 67th, Alexander of the 66th and Rakestraw of the 19th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the election of members of the board of education of Paulding County," approved March 21, 1968 (Ga. L. 1968, p. 2381), as amended, so as to change the method of filling vacancies on the board of education; to 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 652. By Representatives O`Neal of the 146th, Dickey of the 140th, Harden of the 148th, Epps of the 144th and Clark of the 147th:
A BILL to be entitled an Act to create the Perry Public Facilities Authority; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 655. By Representatives Willard of the 51st, Jones of the 47th, Dudgeon of the 25th, Wilkinson of the 52nd, Jacobs of the 80th and others:
A BILL to be entitled an Act to provide for the administration of the budget of the Magistrate Court of Fulton County; to provide that the court
THURSDAY, MARCH 26, 2015
3513
administrator shall be the chief magistrate or his or her designee; to provide that such court administrator shall have oversight of the budget; to provide that such court administrator 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 656. By Representative Pruett of the 149th:
A BILL to be entitled an Act to amend an Act creating the office of Commissioner of Dodge County, approved August 19, 1912 (Ga. L. 1912, p. 367), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for 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 657. By Representatives Rhodes of the 120th and O`Neal of the 146th:
A BILL to be entitled an Act to repeal an Act creating the Greene County Family Connection Commission, approved March 27, 1998 (Ga. L. 1998, p. 3748), and all amendatory acts thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 171. By Senators Tippins of the 37th, Hill of the 32nd, Tate of the 38th, Rhett of the 33rd and Hill of the 6th:
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 12, 2008 (Ga. L. 2008, p. 3702), an Act approved May 6, 2013 (Ga. L. 2013, p. 4150), and an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), so as to change the compensation of the chief deputy, the assistant chief deputy, and the executive assistant to the sheriff; to provide for related
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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.
SB 172. By Senators Tippins of the 37th, Hill of the 32nd, Tate of the 38th, Rhett of the 33rd and Hill of the 6th:
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 April 10, 2014 (Ga. L. 2014, p. 4104), and an Act approved April 10, 2014 (Ga. L. 2014, p. 4269), so as to change the compensation of the clerk of the superior court; to change the salary of the deputy clerk of the superior court; to provide for an executive assistant and an executive secretary; to provide for the appointment, qualifications, and salaries of such positions; 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 224. By Senators Martin of the 9th and Thompson of the 5th:
A BILL to be entitled an Act to create the Lawrenceville Building Authority as a public corporation and an instrumentality of the State of Georgia; to provide for the separate enactment of each provision of this 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.
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 Y Alexander E Allison N Anderson Y Atwood Y Ballinger
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey
E Harbin Y Harden E Harrell Y Hatchett Y Hawkins N Henson
Y Meadows Mitchell
Y Morris Mosby Nimmer
Y Nix
N Smith, E Y Smith, L
Smith, M Y Smith, R N Smyre Y Spencer
THURSDAY, MARCH 26, 2015
3515
Y Barr Y Battles E Beasley-Teague N Bell Y Belton E Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway N Brooks N Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M
Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo
Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming E Floyd Y Fludd N Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick
Gordon Y Gravley Y Greene Y Hamilton
Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard N Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L E Jones, S E Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra
Marin Y Martin Y Maxwell Y Mayo Y McCall N McClain
Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sims
Stephens, M Y Stephens, R
Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, E N Trammell Y Turner N Waites Y Watson Y Welch Y Weldon Y Werkheiser N 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 Bills, the ayes were 131, nays 21.
The Bills, having received the requisite constitutional majority, were passed.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 51. By Senators Burke of the 11th, Watson of the 1st, Hufstetler of the 52nd, Millar of the 40th, Miller of the 49th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for substitutions of interchangeable biological products; to define certain terms; to provide for requirements and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
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JOURNAL OF THE HOUSE
The Senate has agreed to the House amendment to the following bill of the Senate:
SB 2.
By Senators Tippins of the 37th, Sims of the 12th, Cowsert of the 46th, Wilkinson of the 50th, 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 in elementary and secondary education, so as to provide that a student who completes certain requirements relating to postsecondary coursework may be awarded a high school diploma; to provide for rules and regulations; 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 170. By Representatives Roberts of the 155th, Burns of the 159th, Hamilton of the 24th, England of the 116th, Hatchett of the 150th and others:
A BILL to be entitled an Act to amend various provisions of the O.C.G.A., so as to provide for additional revenue necessary for funding transportation purposes in this state; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic; to amend Chapter 12 of Title 45 of the O.C.G.A., relating to the Governor, so as to limit the Governor's power to suspend the collection of certain motor fuel taxes and require ratification by the General Assembly; to amend Title 48 of the O.C.G.A., relating to revenue and taxation; to amend Part 3 of Article 2 of Chapter 10 of Title 32 of the O.C.G.A., the "Georgia Transportation Infrastructure Bank Act," so as to provide new criteria for determination of eligible projects by the Transportation Infrastructure Bank; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Williams of the 19th, Shafer of the 48th, and Gooch of the 51st.
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 220. By Senator Harbison of the 15th:
A BILL to be entitled an Act to create the Schley County Utilities Authority; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
THURSDAY, MARCH 26, 2015
3517
SB 225. By Senator Henson of the 41st:
A BILL to be entitled an Act to amend an Act creating one or more community improvement districts within DeKalb County, approved May 13, 2008 (Ga. L. 2008, p. 3817), as amended, so as to change certain provisions so that community improvement districts may be created within municipalities in DeKalb County; to provide for a millage rate cap; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 91. By Representatives Coleman of the 97th, Dickson of the 6th, Clark of the 101st, Maxwell of the 17th, England of the 116th 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 the elementary and secondary education, so as to eliminate the Georgia High School Graduation Test as a requirement for purposes of graduation; to provide procedures for former students who did not pass one or more portions of the Georgia High School Graduation Test to petition to obtain a high school diploma; to provide for notice of such petition option; to provide for changes for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 160. By Representatives Dunahoo of the 30th, Jasperse of the 11th, Chandler of the 105th, Gravley of the 67th, Rogers of the 29th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to wildlife trapping, trappers, and fur dealers, so as to repeal a provision prohibiting the trapping of raccoons in certain counties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 199. By Representatives Corbett of the 174th, Nimmer of the 178th, Shaw of the 176th, Epps of the 144th, Carter of the 175th and others:
A BILL to be entitled an Act to amend Part 1A of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to timber harvesting and removal requirements, so as to require notice of timber harvesting only in an approved form; to provide that one bond shall be required for each county; to provide that no county may require an administrative fee for receiving a notice of timber harvesting; to repeal conflicting laws; and for other purposes.
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JOURNAL OF THE HOUSE
HB 325. By Representatives Hitchens of the 161st, Tanner of the 9th, Lumsden of the 12th, Wilkinson of the 52nd, Atwood of the 179th 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 the imposition of fines; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 380. By Representatives Nix of the 69th, Trammell of the 132nd and Pezold of the 133rd:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Troup County; to provide for severability; to provide a short title; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 393. By Representatives Martin of the 49th, Maxwell of the 17th, Stover of the 71st, Dudgeon of the 25th, Brockway of the 102nd and others:
A BILL to be entitled an Act to amend Part 5 of Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle fair practices, so as to provide for an exception to restrictions on the ownership, operation, or control of dealerships by manufacturers and franchisors; 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 215. By Representatives Jacobs of the 80th, Mayo of the 84th, Mosby of the 83rd, Taylor of the 79th, Drenner of the 85th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for an additional exemption to the ceiling on local sales and use taxes which may be levied by a political subdivision; to provide for a revised distribution of the proceeds from the levy of an equalized homestead option sales and use tax; to provide for the levy of a special purpose local options sales and use tax in certain counties; to provide for procedures, conditions, and limitations; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
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3519
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 220. By Senator Harbison of the 15th:
A BILL to be entitled an Act to create the Schley County Utilities Authority; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 225. By Senator Henson of the 41st:
A BILL to be entitled an Act to amend an Act creating one or more community improvement districts within DeKalb County, approved May 13, 2008 (Ga. L. 2008, p. 3817), as amended, so as to change certain provisions so that community improvement districts may be created within municipalities in DeKalb County; to provide for a millage rate cap; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Williams of the 119th et al., Taylor of the 79th et al., Turner of the 21st et al., Kaiser of the 59th et al., Stovall of the 74th, Prince of the 127th, Gardner of the 57th et al., Howard of the 124th, Jones of the 167th, Anderson of the 92nd et al., Hightower of the 68th et al., Beasley-Teague of the 65th, Caldwell of the 20th, Stephens of the 164th et al., and Tankersly of the 160th et al.
Pursuant to HR 29, the House commended the Colquitt County Packers football team for winning the 2014 Class AAAAAA State Championship and invited them to be recognized by the House of Representatives.
Pursuant to HR 401, the House commended the Forsyth County Sheriff's Department and invited Sheriff Duane Piper and his staff to be recognized by the House of Representatives.
Pursuant to HR 568, the House honored the life of Captain Herb Emory and invited Mrs. Karen Emory, Sheriff Phil Miller, Deputy Chief Stan Copeland, Lt. Glenn Daniel, Lt. Elmer Horn, Chairman Tom Worthan, Chief Chris Womack, Mayor Harvey Persons, Chief Joe Whisenant, Clark Howard, Mark Arum, Doug Turnbull, Mark McKay, Pete
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JOURNAL OF THE HOUSE
Spriggs, Ashley Frasca, Jason Durden, Kim McCarthy, Sheriff Gary Gulledge, and Roger Leggett to be recognized by the House of Representatives.
Pursuant to HR 789, the House commended the Georgia State University Men's Basketball Team on their championship season and outstanding performance in the 2015 NCAA Men's Basketball Tournament and invited them 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 Public Safety & Homeland Security:
SB 141. By Senators Jones of the 10th, McKoon of the 29th, Seay of the 34th, Butler of the 55th, Sims of the 12th and others:
A BILL to be entitled an Act to amend Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions for juvenile proceedings under the Juvenile Code, so as to provide that minor violations of weapons in school safety zones are not considered Class B designated felonies; to restore certain provisions to their prior form due to the conflict between the enactment of 2014 House Bill 60 and House Bill 826; to provide for an effective date and applicability; 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 Resolutions of the House and Senate were taken up for consideration and read the third time:
HR 641. By Representatives Dempsey of the 13th, Epps of the 144th, Harden of the 148th, Cooper of the 43rd, Oliver of the 82nd and others:
A RESOLUTION creating the Joint Study Committee on Children's Mental Health; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Creating the House Study Committee on Children's Mental Health; and for other purposes.
WHEREAS, the Georgia General Assembly is concerned with the early intervention and prevention of mental health problems in children and adolescents in Georgia and the
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resulting impact this has on these children, their families, and the citizens of this state; and
WHEREAS, mental health problems in children can impact their ability to learn and function successfully in educational settings, their future job performance and productivity as adults, and their families and others; and
WHEREAS, the resources for children and adolescents with mental health problems face a number of challenges concerning funding and other issues which strain their ability to deliver optimal care for these children and adolescents; and
WHEREAS, available funding is divided among multiple state agencies and other entities which must compete with each other for such funding; and
WHEREAS, the support of early intervention and prevention programs of the Department of Behavioral Health and Developmental Disabilities to identify and treat children with mental health issues before such problems are deeply manifested should be encouraged; and
WHEREAS, it would be beneficial to study the issue of available resources for children with mental health issues in this state and identify possible solutions or improvements in the delivery of services, particularly concerning early intervention and prevention services.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES: (1) Creation of House study committee. There is created the House Study Committee on Children's Mental Health. (2) Members and officers. The committee shall be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker shall designate a member of the committee as chairperson of the committee. (3) Powers and duties. The committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. (4) Meetings. The chairperson shall call all meetings of the committee. 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 powers, perform its duties, and accomplish the objectives and purposes of this resolution. (5) Allowances and funding. The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional
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days are authorized. Funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives. (6) Report.
(A) In the event the committee adopts any specific findings or recommendations that include suggestions for proposed legislation, the chairperson shall file a report of the same prior to the date of abolishment specified in this resolution, subject to subparagraph (C) of this paragraph. (B) In the event the committee adopts a report that does not include suggestions for proposed legislation, the chairperson shall file the report, subject to subparagraph (C) of this paragraph. (C) No report shall be filed unless the same has been approved prior to the date of abolishment specified in this resolution by majority vote of a quorum of the committee. A report so approved shall be signed by the chairperson of the committee and filed with the Clerk of the House of Representatives. (D) In the absence of an approved report, the chairperson may file with the Clerk of the House of Representatives a copy of the minutes of the meetings of the committee in lieu thereof. (7) Abolishment. The committee shall stand abolished on December 1, 2015.
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
E Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton E Bennett E Bentley Y Benton Y Beskin Y Beverly
Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns
Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
E Harbin Y Harden E Harrell Y Hatchett E Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L E Jones, S E Jordan Y Kaiser Y Kelley
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince
Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M.
Thomas, E Y Trammell Y Turner Y Waites
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Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia
Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Watson Y Welch
Weldon Y Werkheiser 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 155, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
SB 101. By Senators Watson of the 1st, Jackson of the 2nd, Ligon, Jr. of the 3rd, Williams of the 19th, Tolleson of the 20th and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to the control of soil erosion and sedimentation, so as to provide for a buffer against coastal marshlands within which certain land-disturbing activities are prohibited; to provide for exceptions and variances; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
Representative Stephens of the 164th et al. offer the following amendment:
Amend the committee substitute to SB 101 (LC 40 0835S) by replacing lines 62 through 78 with the following:
(C) On or before December 31, 2015, the board shall promulgate rules and regulations that:
(i) Contain criteria for the grant or denial by the director of requests for variances pursuant to this paragraph, including where an alteration within the buffer area has been authorized pursuant to a permit issued by the United States Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act of 1972, as amended, or Section 10 of the Rivers and Harbors Act of 1899; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented; and (ii) Provide for variances by rule, subject to specified conditions, for certain categories of activities within the buffer that will have minimal impact on the
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water quality or aquatic habitat of the adjacent marsh, including where the area within the buffer is not more than 500 square feet; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented.
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 E Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton E Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
E Harbin Y Harden Y Harrell Y Hatchett E Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L E Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T E Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 164, nays 0.
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The Bill, having received the requisite constitutional majority, was passed, as amended.
HR 640. By Representatives Broadrick of the 4th, Gardner of the 57th, Tanner of the 9th, Clark of the 101st, Jasperse of the 11th and others:
A RESOLUTION creating the Joint Study Committee on Health, Education, and School-Based Health Centers; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Creating the House Study Committee on Health, Education, and School-Based Health Centers; and for other purposes.
WHEREAS, there is a profound connection between a student's health status and educational achievement; and
WHEREAS, improving and maintaining health so that students are present, engaged, and hopeful is critical to their academic success; and
WHEREAS, school-based health centers are an evidence-based model of health care that address the complex health care needs of underserved children and adolescents; and
WHEREAS, school-based health centers support improved education outcomes; and
WHEREAS, school-based health centers improve academic achievement by improving the physical and mental status of students, thereby raising attendance rates, increasing seat time, reducing dropout rates, and improving classroom attention and behavior, all of which improve school climate; and
WHEREAS, school-based health centers promote positive youth development by helping to reduce risky behaviors, such as alcohol and drug abuse; and
WHEREAS, school-based health centers are organized through collaboration among schools, communities, and health providers; and
WHEREAS, school-based health centers utilize an interdisciplinary team approach to providing access to coordinated primary health care within the context of family and community; and
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WHEREAS, school-based health centers operate exclusively for the purpose of providing health services, such as primary care, preventive health care, management and monitoring of chronic health conditions, behavioral health care, oral health care, and health promotion services; and
WHEREAS, school-based health centers can be the first, and at times the only, access point for continuous and comprehensive care for children with a variety of complex medical, behavioral, and social needs; and
WHEREAS, school-based health centers can reduce emergency room use and hospitalizations and provide access to and increase use of primary care, especially among children with chronic diseases, such as asthma; and
WHEREAS, school-based health centers have been proven to reduce costs to the Medicaid program through reductions in pharmacy costs, emergency department visits, hospitalizations, and use of non-emergency transportation; and
WHEREAS, Georgia ranks 42nd among the states in its development of school-based health centers.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES: (1) Creation of House study committee. There is created the House Study Committee on Health, Education, and School-Based Health Centers. (2) Members and officers. The committee shall be composed of five members. The Speaker of the House of Representatives shall appoint five members of the House of Representatives as members of the committee, one of whom shall be a member of the minority party, and shall designate one of such members as chairperson. The committee may elect other officers as deemed necessary. (3) Powers and duties. The committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. The chairperson may designate and appoint subcommittees from among the membership of the committee and may also appoint other persons to perform such functions as he or she may determine to be necessary as relevant to and consistent with this resolution. (4) Meetings. The chairperson shall call all meetings of the committee. 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 powers, perform its duties, and accomplish the objectives and purposes of this resolution. The chairperson shall only vote to break a tie. A quorum for transacting business shall be a majority of the members of the committee. (5) Allowances and funding. The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of
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Georgia Annotated. The allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. Funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives. (6) Report.
(A) The committee shall make recommendations regarding the creation of a statewide plan to promote development and funding of comprehensive school-based health centers in underserved communities in Georgia. The chairperson shall file a report regarding such recommendations prior to the date of abolishment specified in this resolution. (B) No report shall be filed unless the same has been approved prior to the date of abolishment specified in this resolution by majority vote of a quorum of the committee. A report so approved shall be signed by the chairperson of the committee and filed with the Clerk of the House of Representatives. (C) In the absence of an approved report, the chairperson may file with the Clerk of the House of Representatives copies of the minutes of the meetings of the committee in lieu thereof. (7) Abolishment. The committee shall stand abolished on December 1, 2015.
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 E Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton E Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
E Harbin Y Harden Y Harrell Y Hatchett E Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L E Jones, S E Jordan Y Kaiser Y Kelley
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T E Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites
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Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon
Gravley Y Greene Y Hamilton
Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T
Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Watson Welch
Y Weldon Y Werkheiser 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 160, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
SB 119. By Senators Jeffares of the 17th, Jones of the 25th, Tolleson of the 20th, Gooch of the 51st and Ginn of the 47th:
A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to designate the first Monday in May of each year as "Water Professionals Appreciation Day" in Georgia; to provide for legislative findings; 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 Y Belton E Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas
Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan
Ealum
E Harbin Y Harden Y Harrell Y Hatchett E Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley
Jackson E Jacobs Y Jasperse Y Jones, J
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince
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 Tankersley Y Tanner Y Tarvin
Taylor, D Y Taylor, T
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3529
Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Jones, J.B. E Jones, L E Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge
Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
E Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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.
SR 26. By Senator Ligon, Jr. of the 3rd:
A RESOLUTION creating the Joint House and Senate Coastal Greenway Study Committee; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton E Bennett E Bentley Y Benton Y Beskin Y Beverly
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler
Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan
E Harbin Y Harden Y Harrell Y Hatchett E Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson E Jacobs Y Jasperse
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J
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 Tankersley Y Tanner Y Tarvin Y Taylor, D
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Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas
Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye
Gardner Y Gasaway E Geisinger Y Glanton
Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Jones, J Jones, J.B.
E Jones, L E Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Taylor, T E Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 160, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 100. By Senators Harper of the 7th, Albers of the 56th, Williams of the 19th, Dugan of the 30th, Seay of the 34th and others:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for applicability with current federal regulations in the safe operations of motor carriers and commercial motor vehicles; to provide for definitions; to provide for registration and regulation of for-hire intrastate motor carriers and intrastate motor carriers; 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:
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 revise provisions regarding licensing for the operation of motor vehicles and the operation of motor vehicles; to provide for applicability with current federal regulations in the safe operations of motor carriers and commercial motor vehicles; to provide for definitions; to provide for registration and regulation of for-hire
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intrastate motor carriers and intrastate motor carriers; to amend Article 2 of Chapter 3 of Title 3, Article 1 of Chapter 11 of Title 19, Chapter 2 of Title 20, and Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to prohibited acts regarding the regulation of alcoholic beverages generally, the Child Support Recovery Act, elementary and secondary education, and drivers' licenses, respectively, so as to repeal certain provisions for driver's license suspensions not directly related to traffic safety; to provide for the issuance of an ignition interlock device limited driving permit; to revise penalties for pleas of nolo contendere regarding driver's license suspensions; 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 SECTION 1-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising subparagraph (A) of paragraph (8.3) of Code Section 40-1-1, relating to definitions, as follows:
"(A) Has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight of 4,537 4,536 kg (10,001 lbs.) or more;"
SECTION 1-2. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 40-1-8, relating to definitions, safe operations of motor carriers and commercial motor vehicles, civil penalties, operation of out-of-service vehicles, and criminal penalties, as follows:
"(3) 'Present regulations' means the regulations promulgated under 49 C.F.R. in force and effect on January 1, 2014 2015."
SECTION 1-3. Said title is further amended by revising Code Section 40-2-1, relating to definitions, as follows:
"40-2-1. As used in this chapter, the term:
(1) 'Cancellation of vehicle registration' means the annulment or termination by formal action of the department of a person's vehicle registration because of an error or defect in the registration or because the person is no longer entitled to such registration. The cancellation of registration is without prejudice and application for a new registration may be made at any time after such cancellation. (2) 'Commissioner' means the state revenue commissioner. (3) 'Department' means the Department of Revenue.
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(4) 'For-hire intrastate motor carrier' means an entity engaged in the transportation of goods or ten or more passengers for compensation wholly within the boundaries of this state. (5) 'Intrastate motor carrier' means any self-propelled or towed motor vehicle operated by an entity that is used on a highway in intrastate commerce to transport passengers or property and:
(A) Has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight of 4,536 kg (10,001 lbs.) or more, whichever is greater; (B) Is designed or used to transport more than ten passengers, including the driver, and is not used to transport passengers for compensation; or (C) Is used to transport material found by the United States Secretary of Transportation to be hazardous pursuant to 49 U.S.C. Section 5103 and is transported in any quantity. (4)(6) 'Motor carrier' means: (A) Any entity subject to the terms of the Unified Carrier Registration Agreement pursuant to 49 U.S.C. Section 14504a whether engaged in interstate or intrastate commerce, or both; or (B) Any entity defined by the commissioner or commissioner of public safety who operates or controls commercial motor vehicles as defined in 49 C.F.R. Section 390.5 or this chapter whether operated in interstate or intrastate commerce, or both. (5)(7) 'Operating authority' means the registration required by 49 U.S.C. Section 13902, 49 C.F.R. Part 365, 49 C.F.R. Part 368, and 49 C.F.R. Section 392.9a. (6)(8) 'Regulatory compliance inspection' means the examination of facilities, property, buildings, vehicles, drivers, employees, cargo, packages, records, books, or supporting documentation kept or required to be kept in the normal course of motor carrier business or enterprise operations. (7)(9) 'Resident' means a person who has a permanent home or domicile in Georgia and to which, having been absent, he or she has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that any person who, except for infrequent, brief absences, has been present in the state for 30 or more days is a resident. (8)(10) 'Revocation of vehicle registration' means the termination by formal action of the department of a vehicle registration, which registration shall not be subject to renewal or reinstatement, except that an application for a new registration may be presented and acted upon by the department after the expiration of the applicable period of time prescribed by law. (9)(11) 'Suspension of vehicle registration' means the temporary withdrawal by formal action of the department of a vehicle registration, which temporary withdrawal shall be for a period specifically designated by the department."
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SECTION 1-4.
Said title is further amended by revising subsections (d), (e), and (f) of Code Section 402-140, relating to the administration of the Federal Unified Carrier Registration Act of 2005 by the Department of Public Safety, 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:
"(d)(1) Any intrastate 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 for-hire intrastate 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 for-hire intrastate 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 for-hire intrastate 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. (e) Before any intrastate motor carrier engaged in exempt passenger intrastate commerce shall operate any motor vehicle on or over any public highway of this state, the intrastate motor carrier shall register with the commissioner and pay a fee determined by the commissioner. (f) Prior to the issuance of the initial registration to any intrastate motor carrier Before any motor carrier shall be registered under the federal Unified Carrier Registration Act of 2005 by the Department of Public Safety pursuant to subsection (d) or (e) of this Code section, that intrastate motor carrier shall furnish evidence to the Department of Public Safety that the intrastate motor 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."
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PART II SECTION 2-1.
Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts regarding the regulation of alcoholic beverages generally, is amended in Code Section 3-3-23.1, relating to procedure and penalties upon violation of Code Section 3-3-23, by revising paragraph (3) of subsection (b) as follows:
"(3) In addition to any other penalty provided for in paragraphs (1) and (2) of this subsection, the driver's license of any person convicted of attempting to purchase an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 33-23 upon the first conviction shall be suspended for six months and upon the second or subsequent conviction shall be suspended for one year."
SECTION 2-2. Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the Child Support Recovery Act, is amended in Code Section 19-11-9.3, relating to suspension or denial of license for noncompliance with child support order, interagency agreements, and report to General Assembly, by adding a new subsection to read as follows:
"(p) The department shall inform delinquent obligors of resources available which may remedy such delinquent obligor's license suspension."
SECTION 2-3. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising subsection (f) of Code Section 20-2320, relating to the Education Information Steering Committee, identification of data to implement the Quality Basic Education Program, and the state-wide comprehensive educational information network, as follows:
"(f) Notwithstanding any other provision of law, the Department of Education is authorized to and shall obtain and provide to the Department of Public Safety Driver Services, in a form to be agreed upon between the Department of Education and the Department of Public Safety Driver Services, enrollment, attendance expulsion, and suspension information regarding minors 15 through 17 years of age reported pursuant to Code Sections 20-2-690 and 20-2-697, to be used solely for the purposes set forth in subsection (a.1) of Code Section 40-5-22."
SECTION 2-4. Said chapter is further amended by revising paragraph (5) of subsection (b) and paragraph (6) of subsection (c) of Code Section 20-2-690, relating to educational entities and requirements by private schools and home study programs, as follows:
"(5) Within 30 days after the beginning of each school year, it shall be the duty of the administrator of each private school to provide to the school superintendent of each local public school district which has residents enrolled in the private school a list of
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the name, age, and residence of each resident so enrolled. At the end of each school month, it shall be the duty of the administrator of each private school to notify the school superintendent of each local public school district of the name, age, and residence of each student residing in the public school district who enrolls or terminates enrollment at the private school during the immediately preceding school month. Such records shall indicate when attendance has been suspended and the grounds for such suspension. Enrollment records and reports shall not be used for any purpose except providing necessary enrollment information, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of competent jurisdiction, or for verification of attendance enrollment by the Department of Driver Services for the purposes set forth in subsection (a.1) of Code Section 40-522; and" "(6) 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 enrollment by the Department of Driver Services, for the purposes set forth in subsection (a.1) of Code Section 40-522, 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;"
SECTION 2-5. Said chapter is further amended by revising subsection (g) of Code Section 20-2-690.2, relating to the establishment of student attendance protocol committee, membership and protocol, summary of penalties for failure to comply, and reporting, as follows:
"(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 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 2-6. Said chapter is further amended by revising subsection (a) of Code Section 20-2-697, relating to cooperation of principals and teachers in public schools with visiting teachers and attendance officers, attendance reports and records kept by public schools, and letter indicating enrollment, as follows:
"(a) Visiting teachers and attendance officers shall receive the cooperation and assistance of all teachers and principals of public schools in the local school systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all public schools to report, in writing,
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to the visiting teacher or attendance officer of the local school system the names, ages, and residences of all students in attendance at their schools and classes within 30 days after the beginning of the school term or terms and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All public schools shall keep daily records of attendance, verified by the teachers certifying such records. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. Any such attendance records and reports which identify students by name shall be used only for the purpose of providing necessary attendance information required by the state board or by law, 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 enrollment by the Department of Public Safety Driver Services for the purposes set forth in subsection (a.1) of Code Section 40-5-22. Such attendance records shall also be maintained in a format which does not identify students by name, and in this format shall be a part of the data collected for the student record component of the state-wide comprehensive educational information system pursuant to subsection (b) of Code Section 20-2-320."
SECTION 2-7. Said chapter is further amended by revising Code Section 20-2-701, relating to responsibility for reporting truants to juvenile or other courts, as follows:
"20-2-701. (a) Local school superintendents as applied to private schools, the Department of Education as applied to home study programs, or visiting teachers and attendance officers as applied to public schools, after written notice to the parent or guardian of a child, shall report to the juvenile or other court having jurisdiction under Chapter 11 of Title 15 any child who is absent from a public or private school or a home study program in violation of this subpart. If the judge of the court places such child in a home or in a public or private institution pursuant to Chapter 11 of Title 15, school shall be provided for such child. The Department of Education shall coordinate with local school superintendents with respect to attendance records and notification for students in home study programs. (b) Local school superintendents or visiting teachers and attendance officers shall use their best efforts to notify any child 14 years of age or older who has only three absences remaining prior to violating the attendance requirements contained in subsection (a.1) of Code Section 40-5-22. Such notification shall be made via firstclass mail. (c) Local school superintendents or visiting teachers and attendance officers shall report to the State Board of Education, which shall, in turn, report to the Department of Driver Services any child 14 years of age or older who does not meet the attendance requirements contained in subsection (a.1) of Code Section 40-5-22. Such report shall include the child's name, current address, and social security number, if known.
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(d) Subsections (b) and (c) of this Code section shall not be effective until full implementation of the state-wide education information system."
SECTION 2-8. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by revising subsection (a.1) of Code Section 40-5-22, relating to persons not to be licensed, minimum age for licensees, school attendance requirements, and driving training requirements, as follows:
"(a.1)(1) The department shall not issue an instruction permit or driver's license to a person who is younger than 18 years of age unless at the time such minor submits an application for an instruction permit or driver's license the applicant presents acceptable proof that he or she has received a high school diploma, a general educational development (GED) diploma, a special diploma, or a certificate of high school completion or has terminated his or her secondary education and is enrolled in a postsecondary school, is pursuing a general educational development (GED) diploma, or the records of the department indicate that said applicant:
(A) Is enrolled in and not under expulsion from a public or private school and has satisfied relevant attendance requirements as set forth in paragraph (2) of this subsection for a period of one academic year prior to application for an instruction permit or driver's license; or (B) Is enrolled in a home education program that satisfies the reporting requirements of all state laws governing such program. The department shall notify such minor of his or her ineligibility for an instruction permit or driver's license at the time of such application. (2) The department shall forthwith notify by certified mail or statutory overnight delivery, return receipt requested, any minor issued an instruction permit or driver's license in accordance with this subsection other than a minor who has terminated his or her secondary education and is enrolled in a postsecondary school or who is pursuing a general educational development (GED) diploma that such minor's instruction permit or driver's license is suspended subject to review as provided for in this subsection if the department receives notice that indicates that such minor: (A) Has dropped out of school without graduating and has remained out of school for ten consecutive school days; (B) Has ten or more school days of unexcused absences in the current academic year or ten or more school days of unexcused absences in the previous academic year; or (C) Has been found in violation by a hearing officer, panel, or tribunal of one of the following offenses, has received a change in placement for committing one of the following offenses, or has waived his or her right to a hearing and pleaded guilty to one of the following offenses:
(i) Threatening, striking, or causing bodily harm to a teacher or other school personnel;
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(ii) Possession or sale of drugs or alcohol on school property or at a school sponsored event; (iii) Possession or use of a firearm in violation of Code Section 16-11-127.1 or possession or use of a dangerous weapon as defined in Code Section 16-11-121 but shall not include any part of an exhibit brought to school in connection with a school project; (iv) Any sexual offense prohibited under Chapter 6 of Title 16; or (v) Causing substantial physical or visible bodily harm to or seriously disfiguring another person, including another student. Notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. Such notice shall include instructions to the minor to return immediately the instruction permit or driver's license to the department and information summarizing the minor's right to request an exemption from the provisions of this subsection. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. The department shall be authorized to grant an exemption from the provisions of this subsection to a minor, upon such minor's petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minor's family or if there is clear and convincing evidence that the enforcement of the provisions of this subsection would act as a detriment to the health or welfare of the minor. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a hearing shall have been waived and the instruction permit or driver's license of the minor shall remain suspended. The suspension provided for in this paragraph shall be for a period of one year or shall end upon the date of such minor's eighteenth birthday or, if the suspension was imposed pursuant to subparagraph (A) of this paragraph, upon receipt of satisfactory proof that the minor is pursuing or has received a general educational development (GED) diploma, a high school diploma, a special diploma, a certificate of high school completion, or has terminated his or her secondary education and is enrolled in a postsecondary school, whichever comes first. (3)(2) The State Board of Education and the commissioner of driver services are authorized to promulgate rules and regulations to implement the provisions of this subsection. (4)(3) The Technical College System of Georgia shall be responsible for compliance and noncompliance data for students pursuing a general educational development (GED) diploma."
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SECTION 2-9. Said chapter is further amended by revising subsection (a) of Code Section 40-5-54, relating to mandatory suspension of license and notice of suspension, as follows:
"(a) The department shall forthwith suspend, as provided in Code Section 40-5-63, the license of any driver upon receiving a record of such driver's conviction of the following offenses, whether charged as a violation of state law or of a local ordinance adopted pursuant to Article 14 of Chapter 6 of this title:
(1) Homicide by vehicle, as defined by Code Section 40-6-393; (2) Any felony in the commission of which a motor vehicle is used; (3) Hit and run or leaving the scene of an accident in violation of Code Section 40-6270; (4) Racing on highways and streets; (5) Using a motor vehicle in fleeing or attempting to elude an officer; or (6) Fraudulent or fictitious use of or application for a license as provided in Code Section 40-5-120 or 40-5-125; (7)(6) Operating a motor vehicle with a revoked, canceled, or suspended registration in violation of Code Section 40-6-15; or (8) Any felony violation of Article 1 of Chapter 9 of Title 16 if such offense related to an identification document as defined in Code Section 16-9-4."
SECTION 2-10. Said chapter is further amended by revising subsection (a) of Code Section 40-5-57.1, relating to suspension of licenses of persons under age 21 for certain offenses, suspension of licenses of persons under age 18 for certain point accumulations, and reinstatement of license following suspension, as follows:
"(a) Notwithstanding any other provision of this chapter, the driver's license of any person under 21 years of age convicted of hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, any offense for which four or more points are assessable under subsection (c) of Code Section 40-557, purchasing an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23, or violation of paragraph (3) or (5) of subsection (a) of Code Section 3-3-23, or a violation of Code Section 40-6-391 shall be suspended by the department as provided by this Code section; and the driver's license of any person under 18 years of age who has accumulated a violation point count of four or more points under Code Section 40-5-57 in any consecutive 12 month period shall be suspended by the department as provided by this Code section. A plea of nolo contendere shall be considered a conviction for purposes of this subsection. Notice of suspension shall be given by certified mail or statutory overnight delivery, return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. Such license shall be surrendered within ten days of notification of such suspension. Notice given by certified mail or statutory overnight delivery, return
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receipt requested, mailed to the person's last known address shall be prima-facie evidence that such person received the required notice."
SECTION 2-11. Said chapter is further amended by repealing in its entirety Code Section 40-5-57.2, relating to suspension based on violation of Code Section 40-6-255, and designating said Code section as reserved.
SECTION 2-12. Said chapter is further amended by repealing in their entirety subsections (e) and (f) of Code Section 40-5-63, relating to periods of suspension and conditions of return of license.
SECTION 2-13. Said chapter is further amended in Code Section 40-5-64, relating to limited driving permits for certain offenders, by revising paragraph (1) of subsection (a) and subsection (c.1) as follows:
"(a) To whom issued. (1) Notwithstanding any contrary provision of Code Section 40-5-57 or 40-5-63 or any other Code section of this chapter, any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with paragraph (2) of subsection (a.1) of Code Section 40-522, subsection (d) of Code Section 40-5-57, paragraph (1) of subsection (a) of Code Section 40-5-63, paragraph (1) of subsection (a) of Code Section 40-5-67.2, or subsection (a) of Code Section 40-5-57.1, when the person is 18 years of age or older and his or her license was suspended for exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour, and the sentencing judge, in his or her discretion, decides it is reasonable to issue a limited driving permit."
(c.1) Exception to standards for approval. (1) The provisions of paragraphs (2), (3), (4), and (5) of subsection (c) of this Code section shall not apply and shall not be considered for purposes of granting a limited driving permit or imposing conditions thereon under this Code section in the case of a driver's license suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22. (2) An ignition interlock device limited driving permit shall be restricted to allow the holder thereof to drive solely a motor vehicle equipped with an ignition interlock device meeting the requirements of Article 7 of Chapter 8 of Title 42. for the following purposes: (A) Going to his or her place of employment;
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(B) Attending a college or school at which he or she is regularly enrolled as a student; (C) Attending regularly scheduled sessions or meetings of treatment support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; and (D) Going for monthly monitoring visits with the permit holder's ignition interlock device service provider.
SECTION 2-14. Said chapter is further amended by revising Code Section 40-5-75, relating to suspension of licenses by operation of law, as follows:
"40-5-75. (a) The driver's license of any person convicted of driving or being in actual physical control of any moving vehicle while under the influence of 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, in violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391 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 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 a restoration fee of $310.00 or $300.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of
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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. Any permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any permittee who is convicted of violating the conditions endorsed on his or her permit shall have his or her permit revoked by the department. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction. Any person whose limited driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department. 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 a restoration fee of $410.00 or $400.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of
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nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction. (a.1) Any permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any permittee who is convicted of violating the conditions endorsed on his or her permit shall have his or her permit revoked by the department. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction. Any person whose limited driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department. (b) 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 a controlled substance or marijuana 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 40-6-391; 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. (c)(1) The decision to accept a plea of nolo contendere to a misdemeanor charge of unlawful possession of less than one ounce of marijuana shall be at the sole discretion of the judge. If a plea of nolo contendere is accepted as provided in this subsection, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete a DUI Alcohol or Drug Use Risk Reduction Program. The order shall stipulate that the defendant shall complete such program within 120 days and that the defendant shall submit evidence of such completion to the department. The judge shall also notify the defendant that, if he or she fails to complete such program by the date specified in the court's order, his or her driver's license shall be suspended, by operation of law, as provided in this Code section. The record of the disposition of the case shall be forwarded to the department. (2) If a plea of nolo contendere is accepted and the defendant's driver's license has not been suspended under any other provision of this title and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, the court shall, subject to paragraph (1) of this subsection, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the department. (d)(c) Application for reinstatement of a driver's license under paragraph (1) or (2) of subsection (a) of this Code section shall be made on such forms as the commissioner
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may prescribe and shall be accompanied by proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. Application for a three-year driving permit under paragraph (3) of subsection (a) of this Code section shall be made on such form as the commissioner may prescribe and shall be accompanied by proof of completion of an approved residential drug treatment program and a fee of $25.00 for such permit. (e)(d) 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. (f)(e) Except as provided in subsection (a) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person's license has been suspended pursuant to this Code section if such person has not thereafter obtained a valid license. Any person who is convicted of operating a motor vehicle before the department has reinstated such person's license or issued such person a three-year driving permit shall be punished by a fine of not less than $750.00 nor more than $5,000.00 or by imprisonment in the penitentiary for not more than 12 months, or both. (g) Notwithstanding the provisions of Code Section 15-11-606 and except as provided in subsection (c) of this Code section, an adjudication of a minor child as a delinquent child for any offense listed in subsection (a) of this Code section shall be deemed a conviction for purposes of this Code section. (h)(f) Licensed Notwithstanding the provisions of subsection (a) of this Code section, licensed drivers who are 16 years of age who are adjudicated in a juvenile court pursuant to this Code section may, at their option, complete a DUI Alcohol or Drug Use Risk Reduction Program or an assessment and intervention program approved by the juvenile court. (i)(g) Notwithstanding any other provision of this chapter to the contrary, the suspension imposed pursuant to this Code section shall be in addition to and run consecutively to any other suspension imposed by the department at the time of the conviction that results in said suspension. If the person has never been issued a driver's license in the State of Georgia or holds a driver's license issued by another state, the person shall not be eligible for a driver's license for the applicable period of suspension following his or her submission of an application for issuance thereof."
SECTION 2-15. Said chapter is further amended by revising paragraph (1) of subsection (b) of Code Section 40-5-121, relating to driving while license suspended or revoked, as follows:
"(b)(1) The department, upon receiving a record of the conviction of any person under this Code section upon a charge of driving a vehicle while the license of such person was suspended, disqualified, or revoked, including suspensions under subsection (f) (e) of Code Section 40-5-75, shall extend the period of suspension or disqualification by six months. Upon the expiration of six months from the date on
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which the suspension or disqualification is extended and payment of the applicable reinstatement fee, the department shall reinstate the license. The reinstatement fee for a first such conviction within a five-year period shall be $210.00 or $200.00 if paid by mail. The reinstatement fee for a second such conviction within a five-year period shall be $310.00 or $300.00 if paid by mail. The reinstatement fee for a third or subsequent such conviction within a five-year period shall be $410.00 or $400.00 if paid by mail."
PART III SECTION 3-1.
This Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date.
SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to revise provisions regarding licensing for the operation of motor vehicles and the operation of motor vehicles; to provide for applicability with current federal regulations in the safe operations of motor carriers and commercial motor vehicles; to provide for definitions; to provide for registration and regulation of for-hire intrastate motor carriers and intrastate motor carriers; to amend Article 2 of Chapter 3 of Title 3, Article 1 of Chapter 11 of Title 19, Chapter 2 of Title 20, and Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to prohibited acts regarding the regulation of alcoholic beverages generally, the Child Support Recovery Act, elementary and secondary education, and drivers' licenses, respectively, so as to repeal certain provisions for driver's license suspensions not directly related to traffic safety; to provide for the issuance of an ignition interlock device limited driving permit; to revise penalties for pleas of nolo contendere regarding driver's license suspensions; 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 SECTION 1-1.
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Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising subparagraph (A) of paragraph (8.3) of Code Section 40-1-1, relating to definitions, as follows:
"(A) Has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight of 4,537 4,536 kg (10,001 lbs.) or more;"
SECTION 1-2. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 40-1-8, relating to definitions, safe operations of motor carriers and commercial motor vehicles, civil penalties, operation of out-of-service vehicles, and criminal penalties, as follows:
"(3) 'Present regulations' means the regulations promulgated under 49 C.F.R. in force and effect on January 1, 2014 2015."
SECTION 1-3. Said title is further amended by revising Code Section 40-2-1, relating to definitions, as follows:
"40-2-1. As used in this chapter, the term:
(1) 'Cancellation of vehicle registration' means the annulment or termination by formal action of the department of a person's vehicle registration because of an error or defect in the registration or because the person is no longer entitled to such registration. The cancellation of registration is without prejudice and application for a new registration may be made at any time after such cancellation. (2) 'Commissioner' means the state revenue commissioner. (3) 'Department' means the Department of Revenue. (4) 'For-hire intrastate motor carrier' means an entity engaged in the transportation of goods or ten or more passengers for compensation wholly within the boundaries of this state. (5) 'Intrastate motor carrier' means any self-propelled or towed motor vehicle operated by an entity that is used on a highway in intrastate commerce to transport passengers or property and:
(A) Has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight of 4,536 kg (10,001 lbs.) or more, whichever is greater; (B) Is designed or used to transport more than ten passengers, including the driver, and is not used to transport passengers for compensation; or (C) Is used to transport material found by the United States Secretary of Transportation to be hazardous pursuant to 49 U.S.C. Section 5103 and is transported in any quantity. (4)(6) 'Motor carrier' means:
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(A) Any entity subject to the terms of the Unified Carrier Registration Agreement pursuant to 49 U.S.C. Section 14504a whether engaged in interstate or intrastate commerce, or both; or (B) Any entity defined by the commissioner or commissioner of public safety who operates or controls commercial motor vehicles as defined in 49 C.F.R. Section 390.5 or this chapter whether operated in interstate or intrastate commerce, or both. (5)(7) 'Operating authority' means the registration required by 49 U.S.C. Section 13902, 49 C.F.R. Part 365, 49 C.F.R. Part 368, and 49 C.F.R. Section 392.9a. (6)(8) 'Regulatory compliance inspection' means the examination of facilities, property, buildings, vehicles, drivers, employees, cargo, packages, records, books, or supporting documentation kept or required to be kept in the normal course of motor carrier business or enterprise operations. (7)(9) 'Resident' means a person who has a permanent home or domicile in Georgia and to which, having been absent, he or she has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that any person who, except for infrequent, brief absences, has been present in the state for 30 or more days is a resident. (8)(10) 'Revocation of vehicle registration' means the termination by formal action of the department of a vehicle registration, which registration shall not be subject to renewal or reinstatement, except that an application for a new registration may be presented and acted upon by the department after the expiration of the applicable period of time prescribed by law. (9)(11) 'Suspension of vehicle registration' means the temporary withdrawal by formal action of the department of a vehicle registration, which temporary withdrawal shall be for a period specifically designated by the department."
SECTION 1-4. Said title is further amended by revising subsections (d), (e), and (f) of Code Section 402-140, relating to the administration of the Federal Unified Carrier Registration Act of 2005 by the Department of Public Safety, 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:
"(d)(1) Any intrastate 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 for-hire intrastate 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
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against the negligence of such for-hire intrastate 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 for-hire intrastate 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. (e) Before any intrastate motor carrier engaged in exempt passenger intrastate commerce shall operate any motor vehicle on or over any public highway of this state, the intrastate motor carrier shall register with the commissioner and pay a fee determined by the commissioner. (f) Prior to the issuance of the initial registration to any intrastate motor carrier Before any motor carrier shall be registered under the federal Unified Carrier Registration Act of 2005 by the Department of Public Safety pursuant to subsection (d) or (e) of this Code section, that intrastate motor carrier shall furnish evidence to the Department of Public Safety that the intrastate motor 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."
PART II SECTION 2-1.
Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts regarding the regulation of alcoholic beverages generally, is amended in Code Section 3-3-23.1, relating to procedure and penalties upon violation of Code Section 3-3-23, by revising paragraph (3) of subsection (b) as follows:
"(3) In addition to any other penalty provided for in paragraphs (1) and (2) of this subsection, the driver's license of any person convicted of attempting to purchase an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 33-23 upon the first conviction shall be suspended for six months and upon the second or subsequent conviction shall be suspended for one year."
SECTION 2-2. Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the Child Support Recovery Act, is amended in Code Section 19-11-9.3, relating to suspension or denial of license for noncompliance with child support order, interagency
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agreements, and report to General Assembly, by adding a new subsection to read as follows:
"(p) The department shall inform delinquent obligors of resources available which may remedy such delinquent obligor's license suspension."
SECTION 2-3. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising subsection (f) of Code Section 20-2320, relating to the Education Information Steering Committee, identification of data to implement the Quality Basic Education Program, and the state-wide comprehensive educational information network, as follows:
"(f) Notwithstanding any other provision of law, the Department of Education is authorized to and shall obtain and provide to the Department of Public Safety Driver Services, in a form to be agreed upon between the Department of Education and the Department of Public Safety Driver Services, enrollment, attendance expulsion, and suspension information regarding minors 15 through 17 years of age reported pursuant to Code Sections 20-2-690 and 20-2-697, to be used solely for the purposes set forth in subsection (a.1) of Code Section 40-5-22."
SECTION 2-4. Said chapter is further amended by revising paragraph (5) of subsection (b) and paragraph (6) of subsection (c) of Code Section 20-2-690, relating to educational entities and requirements by private schools and home study programs, as follows:
"(5) Within 30 days after the beginning of each school year, it shall be the duty of the administrator of each private school to provide to the school superintendent of each local public school district which has residents enrolled in the private school a list of the name, age, and residence of each resident so enrolled. At the end of each school month, it shall be the duty of the administrator of each private school to notify the school superintendent of each local public school district of the name, age, and residence of each student residing in the public school district who enrolls or terminates enrollment at the private school during the immediately preceding school month. Such records shall indicate when attendance has been suspended and the grounds for such suspension. Enrollment records and reports shall not be used for any purpose except providing necessary enrollment information, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of competent jurisdiction, or for verification of attendance enrollment by the Department of Driver Services for the purposes set forth in subsection (a.1) of Code Section 40-522; and" "(6) 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 enrollment by the Department of
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Driver Services, for the purposes set forth in subsection (a.1) of Code Section 40-522, 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;"
SECTION 2-5. Said chapter is further amended by revising subsection (g) of Code Section 20-2-690.2, relating to the establishment of student attendance protocol committee, membership and protocol, summary of penalties for failure to comply, and reporting, as follows:
"(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 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 2-6. Said chapter is further amended by revising subsection (a) of Code Section 20-2-697, relating to cooperation of principals and teachers in public schools with visiting teachers and attendance officers, attendance reports and records kept by public schools, and letter indicating enrollment, as follows:
"(a) Visiting teachers and attendance officers shall receive the cooperation and assistance of all teachers and principals of public schools in the local school systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all public schools to report, in writing, to the visiting teacher or attendance officer of the local school system the names, ages, and residences of all students in attendance at their schools and classes within 30 days after the beginning of the school term or terms and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All public schools shall keep daily records of attendance, verified by the teachers certifying such records. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. Any such attendance records and reports which identify students by name shall be used only for the purpose of providing necessary attendance information required by the state board or by law, 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 enrollment by the Department of Public Safety Driver Services for the purposes set forth in subsection (a.1) of Code Section 40-5-22. Such attendance records shall also be maintained in a format which does not identify students by name, and in this format shall be a part of the data collected for the student record component of the state-wide comprehensive educational information system pursuant to subsection (b) of Code Section 20-2-320."
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SECTION 2-7. Said chapter is further amended by revising Code Section 20-2-701, relating to responsibility for reporting truants to juvenile or other courts, as follows:
"20-2-701. (a) Local school superintendents as applied to private schools, the Department of Education as applied to home study programs, or visiting teachers and attendance officers as applied to public schools, after written notice to the parent or guardian of a child, shall report to the juvenile or other court having jurisdiction under Chapter 11 of Title 15 any child who is absent from a public or private school or a home study program in violation of this subpart. If the judge of the court places such child in a home or in a public or private institution pursuant to Chapter 11 of Title 15, school shall be provided for such child. The Department of Education shall coordinate with local school superintendents with respect to attendance records and notification for students in home study programs. (b) Local school superintendents or visiting teachers and attendance officers shall use their best efforts to notify any child 14 years of age or older who has only three absences remaining prior to violating the attendance requirements contained in subsection (a.1) of Code Section 40-5-22. Such notification shall be made via firstclass mail. (c) Local school superintendents or visiting teachers and attendance officers shall report to the State Board of Education, which shall, in turn, report to the Department of Driver Services any child 14 years of age or older who does not meet the attendance requirements contained in subsection (a.1) of Code Section 40-5-22. Such report shall include the child's name, current address, and social security number, if known. (d) Subsections (b) and (c) of this Code section shall not be effective until full implementation of the state-wide education information system."
SECTION 2-8. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by revising subsection (a.1) of Code Section 40-5-22, relating to persons not to be licensed, minimum age for licensees, school attendance requirements, and driving training requirements, as follows:
"(a.1)(1) The department shall not issue an instruction permit or driver's license to a person who is younger than 18 years of age unless at the time such minor submits an application for an instruction permit or driver's license the applicant presents acceptable proof that he or she has received a high school diploma, a general educational development (GED) diploma, a special diploma, or a certificate of high school completion or has terminated his or her secondary education and is enrolled in a postsecondary school, is pursuing a general educational development (GED) diploma, or the records of the department indicate that said applicant:
(A) Is enrolled in and not under expulsion from a public or private school and has satisfied relevant attendance requirements as set forth in paragraph (2) of this
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subsection for a period of one academic year prior to application for an instruction permit or driver's license; or (B) Is enrolled in a home education program that satisfies the reporting requirements of all state laws governing such program. The department shall notify such minor of his or her ineligibility for an instruction permit or driver's license at the time of such application. (2) The department shall forthwith notify by certified mail or statutory overnight delivery, return receipt requested, any minor issued an instruction permit or driver's license in accordance with this subsection other than a minor who has terminated his or her secondary education and is enrolled in a postsecondary school or who is pursuing a general educational development (GED) diploma that such minor's instruction permit or driver's license is suspended subject to review as provided for in this subsection if the department receives notice that indicates that such minor: (A) Has dropped out of school without graduating and has remained out of school for ten consecutive school days; (B) Has ten or more school days of unexcused absences in the current academic year or ten or more school days of unexcused absences in the previous academic year; or (C) Has been found in violation by a hearing officer, panel, or tribunal of one of the following offenses, has received a change in placement for committing one of the following offenses, or has waived his or her right to a hearing and pleaded guilty to one of the following offenses:
(i) Threatening, striking, or causing bodily harm to a teacher or other school personnel; (ii) Possession or sale of drugs or alcohol on school property or at a school sponsored event; (iii) Possession or use of a firearm in violation of Code Section 16-11-127.1 or possession or use of a dangerous weapon as defined in Code Section 16-11-121 but shall not include any part of an exhibit brought to school in connection with a school project; (iv) Any sexual offense prohibited under Chapter 6 of Title 16; or (v) Causing substantial physical or visible bodily harm to or seriously disfiguring another person, including another student. Notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. Such notice shall include instructions to the minor to return immediately the instruction permit or driver's license to the department and information summarizing the minor's right to request an exemption from the provisions of this subsection. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind
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such order. The department shall be authorized to grant an exemption from the provisions of this subsection to a minor, upon such minor's petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minor's family or if there is clear and convincing evidence that the enforcement of the provisions of this subsection would act as a detriment to the health or welfare of the minor. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a hearing shall have been waived and the instruction permit or driver's license of the minor shall remain suspended. The suspension provided for in this paragraph shall be for a period of one year or shall end upon the date of such minor's eighteenth birthday or, if the suspension was imposed pursuant to subparagraph (A) of this paragraph, upon receipt of satisfactory proof that the minor is pursuing or has received a general educational development (GED) diploma, a high school diploma, a special diploma, a certificate of high school completion, or has terminated his or her secondary education and is enrolled in a postsecondary school, whichever comes first. (3)(2) The State Board of Education and the commissioner of driver services are authorized to promulgate rules and regulations to implement the provisions of this subsection. (4)(3) The Technical College System of Georgia shall be responsible for compliance and noncompliance data for students pursuing a general educational development (GED) diploma."
SECTION 2-9. Said chapter is further amended by revising subsection (a) of Code Section 40-5-54, relating to mandatory suspension of license and notice of suspension, as follows:
"(a) The department shall forthwith suspend, as provided in Code Section 40-5-63, the license of any driver upon receiving a record of such driver's conviction of the following offenses, whether charged as a violation of state law or of a local ordinance adopted pursuant to Article 14 of Chapter 6 of this title:
(1) Homicide by vehicle, as defined by Code Section 40-6-393; (2) Any felony in the commission of which a motor vehicle is used; (3) Hit and run or leaving the scene of an accident in violation of Code Section 40-6270; (4) Racing on highways and streets; (5) Using a motor vehicle in fleeing or attempting to elude an officer; or (6) Fraudulent or fictitious use of or application for a license as provided in Code Section 40-5-120 or 40-5-125; (7)(6) Operating a motor vehicle with a revoked, canceled, or suspended registration in violation of Code Section 40-6-15; or (8) Any felony violation of Article 1 of Chapter 9 of Title 16 if such offense related to an identification document as defined in Code Section 16-9-4."
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SECTION 2-10. Said chapter is further amended by revising subsection (a) of Code Section 40-5-57.1, relating to suspension of licenses of persons under age 21 for certain offenses, suspension of licenses of persons under age 18 for certain point accumulations, and reinstatement of license following suspension, as follows:
"(a) Notwithstanding any other provision of this chapter, the driver's license of any person under 21 years of age convicted of hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, any offense for which four or more points are assessable under subsection (c) of Code Section 40-557, purchasing an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23, or violation of paragraph (3) or (5) of subsection (a) of Code Section 3-3-23, or a violation of Code Section 40-6-391 shall be suspended by the department as provided by this Code section; and the driver's license of any person under 18 years of age who has accumulated a violation point count of four or more points under Code Section 40-5-57 in any consecutive 12 month period shall be suspended by the department as provided by this Code section. A plea of nolo contendere shall be considered a conviction for purposes of this subsection. Notice of suspension shall be given by certified mail or statutory overnight delivery, return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. Such license shall be surrendered within ten days of notification of such suspension. Notice given by certified mail or statutory overnight delivery, return receipt requested, mailed to the person's last known address shall be prima-facie evidence that such person received the required notice."
SECTION 2-11. Said chapter is further amended by repealing in its entirety Code Section 40-5-57.2, relating to suspension based on violation of Code Section 40-6-255, and designating said Code section as reserved.
SECTION 2-12. Said chapter is further amended by repealing in their entirety subsections (e) and (f) of Code Section 40-5-63, relating to periods of suspension and conditions of return of license.
SECTION 2-13. Said chapter is further amended in Code Section 40-5-64, relating to limited driving permits for certain offenders, by revising paragraph (1) of subsection (a) and subsection (c.1) as follows:
"(a) To whom issued. (1) Notwithstanding any contrary provision of Code Section 40-5-57 or 40-5-63 or any other Code section of this chapter, any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within
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five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with paragraph (2) of subsection (a.1) of Code Section 40-522, subsection (d) of Code Section 40-5-57, paragraph (1) of subsection (a) of Code Section 40-5-63, paragraph (1) of subsection (a) of Code Section 40-5-67.2, or subsection (a) of Code Section 40-5-57.1, when the person is 18 years of age or older and his or her license was suspended for exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour, and the sentencing judge, in his or her discretion, decides it is reasonable to issue a limited driving permit." "(c.1) Exception to standards for approval. (1) The provisions of paragraphs (2), (3), (4), and (5) of subsection (c) of this Code section shall not apply and shall not be considered for purposes of granting a limited driving permit or imposing conditions thereon under this Code section in the case of a driver's license suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22. (2) An ignition interlock device limited driving permit shall be restricted to allow the holder thereof to drive solely a motor vehicle equipped with an ignition interlock device meeting the requirements of Article 7 of Chapter 8 of Title 42. for the following purposes:
(A) Going to his or her place of employment; (B) Attending a college or school at which he or she is regularly enrolled as a student; (C) Attending regularly scheduled sessions or meetings of treatment support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; and (D) Going for monthly monitoring visits with the permit holder's ignition interlock device service provider."
SECTION 2-14. Said chapter is further amended by revising Code Section 40-5-75, relating to suspension of licenses by operation of law, as follows:
"40-5-75. (a) The driver's license of any person convicted of driving or being in actual physical control of any moving vehicle while under the influence of 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, in violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391 or the law of any other
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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 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 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
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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. Any permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any permittee who is convicted of violating the conditions endorsed on his or her permit shall have his or her permit revoked by the department. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction. Any person whose limited driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department. 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 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. (a.1) Any permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any permittee who is convicted of violating the conditions endorsed on his or her permit shall have his or her permit revoked by the department. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction. Any person whose limited driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department. (b) 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 a controlled substance or marijuana 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 40-6-391; 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
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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.
(c)(1) The decision to accept a plea of nolo contendere to a misdemeanor charge of unlawful possession of less than one ounce of marijuana shall be at the sole discretion of the judge. If a plea of nolo contendere is accepted as provided in this subsection, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete a DUI Alcohol or Drug Use Risk Reduction Program. The order shall stipulate that the defendant shall complete such program within 120 days and that the defendant shall submit evidence of such completion to the department. The judge shall also notify the defendant that, if he or she fails to complete such program by the date specified in the court's order, his or her driver's license shall be suspended, by operation of law, as provided in this Code section. The record of the disposition of the case shall be forwarded to the department. (2) If a plea of nolo contendere is accepted and the defendant's driver's license has not been suspended under any other provision of this title and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, the court shall, subject to paragraph (1) of this subsection, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the department. (d)(c) Application for reinstatement of a driver's license under paragraph (1) or (2) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. Application for a three-year driving permit under paragraph (3) of subsection (a) of this Code section shall be made on such form as the commissioner may prescribe and shall be accompanied by proof of completion of an approved residential drug treatment program and a fee of $25.00 for such permit. (e)(d) 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. (f)(e) Except as provided in subsection (a) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person's license has been suspended pursuant to this Code section if such person has not thereafter obtained a valid license. Any person who is convicted of operating a motor vehicle before the department has reinstated such person's license or issued such person a three-year driving permit shall be punished by a fine of not less than $750.00 nor more than $5,000.00 or by imprisonment in the penitentiary for not more than 12 months, or both. (g) Notwithstanding the provisions of Code Section 15-11-606 and except as provided in subsection (c) of this Code section, an adjudication of a minor child as a delinquent
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child for any offense listed in subsection (a) of this Code section shall be deemed a conviction for purposes of this Code section. (h)(f) Licensed Notwithstanding the provisions of subsection (a) of this Code section, licensed drivers who are 16 years of age who are adjudicated in a juvenile court pursuant to this Code section may, at their option, complete a DUI Alcohol or Drug Use Risk Reduction Program or an assessment and intervention program approved by the juvenile court. (i)(g) Notwithstanding any other provision of this chapter to the contrary, the suspension imposed pursuant to this Code section shall be in addition to and run consecutively to any other suspension imposed by the department at the time of the conviction that results in said suspension. If the person has never been issued a driver's license in the State of Georgia or holds a driver's license issued by another state, the person shall not be eligible for a driver's license for the applicable period of suspension following his or her submission of an application for issuance thereof."
SECTION 2-15. Said chapter is further amended by revising paragraph (1) of subsection (b) of Code Section 40-5-121, relating to driving while license suspended or revoked, as follows:
"(b)(1) The department, upon receiving a record of the conviction of any person under this Code section upon a charge of driving a vehicle while the license of such person was suspended, disqualified, or revoked, including suspensions under subsection (f) (e) of Code Section 40-5-75, shall extend the period of suspension or disqualification by six months. Upon the expiration of six months from the date on which the suspension or disqualification is extended and payment of the applicable reinstatement fee, the department shall reinstate the license. The reinstatement fee for a first such conviction within a five-year period shall be $210.00 or $200.00 if paid by mail. The reinstatement fee for a second such conviction within a five-year period shall be $310.00 or $300.00 if paid by mail. The reinstatement fee for a third or subsequent such conviction within a five-year period shall be $410.00 or $400.00 if paid by mail."
PART III SECTION 3-1.
This Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date.
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, by substitute.
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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 Belton E Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
E Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, J.B. E Jones, L E Jones, S E Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T E Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The Speaker announced the House in recess until 1:15 o'clock, this afternoon.
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AFTERNOON SESSION
The Speaker called the House to order.
Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 89 Do Pass, by Substitute
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 Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 767 Do Pass, by Substitute HR 805 Do Not Pass
Respectfully submitted, /s/ Cooper of the 43rd
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 Senate and has instructed me to report the same back to the House with the following recommendation:
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JOURNAL OF THE HOUSE
SB 141 Do Pass, by Substitute
Respectfully submitted, /s/ Powell of the 32nd
Chairman
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 397. By Representatives Knight of the 130th, Roberts of the 155th, Houston of the 170th, Nimmer of the 178th, McCall of the 33rd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to revise provisions relating to the State Soil and Water Conservation Commission; to provide for administrative attachment; to provide for appointment to the commission; to remove authority related to eminent domain; to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to erosion and sedimentation control, so as to provide for erosion manual publication oversight; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 812. By Representative Kidd of the 145th:
A RESOLUTION recognizing July 26, 2015, as the 25th anniversary of the Americans with Disabilities Act; and for other purposes.
HR 813. By Representatives Epps of the 144th and Dickey of the 140th:
A RESOLUTION commending David Martin, Covenant Academy's 2015 STAR Teacher; and for other purposes.
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HR 814. By Representative Epps of the 144th:
A RESOLUTION commending Randy Glover, Jones County High School's 2015 STAR Teacher; and for other purposes.
HR 815. By Representative Epps of the 144th:
A RESOLUTION commending Drew Belflower, Bleckley County High School's 2015 STAR Student; and for other purposes.
HR 816. By Representative Epps of the 144th:
A RESOLUTION commending Brian Wynne, Bleckley County High School's 2015 STAR Teacher; and for other purposes.
HR 817. By Representative Epps of the 144th:
A RESOLUTION commending Emily London, Covenant Academy's 2015 STAR Student; and for other purposes.
HR 818. By Representative Epps of the 144th:
A RESOLUTION commending Adam Sole, Jones County High School's 2015 STAR Student; and for other purposes
HR 819. By Representatives Coleman of the 97th, Dudgeon of the 25th, Stovall of the 74th, Cantrell of the 22nd, Maxwell of the 17th and others:
A RESOLUTION commending science, technology, engineering, and math (STEM) and recognizing May 8, 2015, as Georgia STEM Day at the state capitol; and for other purposes.
HR 820. By Representative Kirby of the 114th:
A RESOLUTION commending Casey Lambert, Loganville High School's 2015 STAR Student; and for other purposes.
HR 821. By Representatives Dawkins-Haigler of the 91st, Anderson of the 92nd, Dukes of the 154th, Scott of the 76th, Sharper of the 177th and others:
A RESOLUTION commending Mrs. Dupe Atoki, the Director General of Consumer Protection Council (CPC); and for other purposes.
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HR 822. By Representatives Dawkins-Haigler of the 91st, Anderson of the 92nd, Dukes of the 154th, Scott of the 76th, Sharper of the 177th and others:
A RESOLUTION commending Dr. William H. Boone; and for other purposes
HR 823. By Representative Kirby of the 114th:
A RESOLUTION commending Gavin Ashwood, Loganville Christian Academy's 2015 STAR Student; and for other purposes.
HR 824. By Representatives Dukes of the 154th, Greene of the 151st, Ealum of the 153rd, Rogers of the 29th, England of the 116th and others:
A RESOLUTION commending Albany State University and recognizing March 31, 2015, as Albany State University Day at the state capitol; and for other purposes.
HR 825. By Representatives Dukes of the 154th, Greene of the 151st and Ealum of the 153rd:
A RESOLUTION recognizing and commending Bishop Victor L. Powell on the occasion of his 25th pastoral anniversary; 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 194. By Senators Jeffares of the 17th, Millar of the 40th, Watson of the 1st, Burke of the 11th, Mullis of the 53rd 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 provide that certain provisions of law regarding pharmacists and pharmacies shall not apply to a facility engaged solely in the distribution of dialysate, drugs, or devices necessary to perform home kidney dialysis to patients with end stage renal disease, provided that certain criteria are met; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL TO BE ENTITLED AN ACT
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3565
To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to revise the definition of "practitioner"; to provide that certain provisions of law regarding pharmacists and pharmacies shall not apply to a facility engaged solely in the distribution of dialysate, drugs, or devices necessary to perform home kidney dialysis to patients with end stage renal disease, provided that certain criteria are met; to authorize certain refills by pharmacists of topical ophthalmic products under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by revising paragraph (33) of Code Section 26-4-5, relating to definitions, as follows:
"(33) 'Practitioner' or 'practitioner of the healing arts' means a physician, dentist, podiatrist, optometrist, or veterinarian and shall include any other person licensed under the laws of this state to use, mix, prepare, dispense, prescribe, and administer drugs in connection with medical treatment to the extent provided by the laws of this state."
SECTION 2. Said chapter is further amended by adding a new Code section to read as follows:
"26-4-6. The provisions of this chapter shall not apply to a facility engaged solely in the distribution of dialysate, drugs, or devices necessary to perform home kidney dialysis to patients with end stage renal disease, provided that the following criteria are met:
(1) The dialysate, drugs, or devices are approved or cleared by the federal Food and Drug Administration as required by federal law; (2) The dialysate, drugs, or devices are lawfully held by a manufacturer or manufacturer's agent that is properly registered with the board as a manufacturer or wholesale distributor; (3) The dialysate, drugs, or devices are held and delivered in their original, sealed packaging from the manufacturing facility; (4) The dialysate, drugs, or devices are delivered only by the manufacturer or the manufacturer's agent and only upon receipt of a physician's order; and (5) The manufacturer or manufacturer's agent delivers the dialysate, drugs, or devices directly to:
(A) A patient with end stage renal disease or such patient's designee for the patient's self-administration of the dialysis therapy; or (B) A health care provider or institution for administration or delivery of the dialysis therapy to a patient with end stage renal disease."
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JOURNAL OF THE HOUSE
SECTION 3.
Said chapter is further amended by revising subsection (f) of Code Section 26-4-80, relating to dispensing prescription drugs, as follows:
"(f)(1) When filling a prescription or refilling a prescription which may be refilled, the pharmacist shall exercise professional judgment in the matter. No prescription shall be filled or refilled with greater frequency than the approximate interval of time that the dosage regimen ordered by the prescriber practitioner would indicate, unless extenuating circumstances are documented which would justify a shorter interval of time before the filling or refilling of the prescription. (2) Notwithstanding paragraph (1) of this subsection, in order to prevent unintended interruptions in drug therapy for topical ophthalmic products:
(A) A pharmacist shall be authorized, without obtaining subsequent authorization from the practitioner or obtaining a new prescription from the practitioner, to permit refills at 70 percent of the predicted days of use; and (B) At the patient's request, a practitioner shall be permitted to authorize refills earlier than 70 percent of the predicted days of use. This paragraph shall apply to refills purchased through retail pharmacies and mail order sources."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Cooper of the 43rd offers the following amendment:
Amend the substitute to SB 194 (LC 33 6162S) by striking "dialysate, drugs," on lines 4, 21, 23, 25, 28, 30, and 32 and inserting in lieu thereof "dialysate drugs".
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 Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey
E Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal
Y Smith, E Y Smith, L
Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R
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3567
Y Beasley-Teague Y Bell Y Belton E Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks
Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd
Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Holcomb Y Holmes Y Houston Y Howard Y Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Pak Y Parrish Y Parsons Y Peake Y Petrea
Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Stephenson Stovall Y Stover Y Strickland Y Tankersley Y Tanner Tarvin Y Taylor, D Y Taylor, T E Teasley Y Thomas, A.M. Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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, as amended, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
SB 195. By Senators Williams of the 27th, Stone of the 23rd, Ligon, Jr. of the 3rd, Hill of the 4th and Gooch of the 51st:
A BILL to be entitled an Act to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to increase fees allowed for continuing education programs; to require bench warrants to be issued at the end of each court day; to provide for notices to be delivered and obtained using e-mail; to change provisions relating to principals who do not appear for court; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
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JOURNAL OF THE HOUSE
A RESOLUTION
To amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to increase fees allowed for continuing education programs; to provide for notices to be delivered and obtained using e-mail; to change provisions relating to principals who do not appear for 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. Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, is amended by revising subsection (b) of Code Section 17-6-50.1, relating to continuing education programs for professional bondsmen and fees, as follows:
"(b) The fee for continuing education programs for professional bondsmen shall not exceed $125.00 $250.00 annually."
SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 17-6-71, relating to execution hearing on failure to appear, as follows:
"(a) The judge shall, at the end of the court day, upon the failure of the principal to appear, forfeit the bond, issue a bench warrant for the principal's arrest, and order an execution hearing not sooner than 120 days but not later than 150 days after such failure to appear. Notice of the execution hearing shall be served by the clerk of the court in which the bond forfeiture occurred within ten days of such failure to appear by certified mail or by electronic means as provided in Code Section 17-6-50 to the surety at the address listed on the bond or by personal service to the surety within ten days of such failure to appear at its home office or to its designated registered agent. Service shall be considered complete upon the mailing of such certified notice. Such ten-day notice shall be adhered to strictly. If notice of the execution hearing is not served as specified in this subsection, the surety shall be relieved of liability on the appearance bond."
SECTION 3. Said chapter is further amended by revising subsections (b) through (c.1) of Code Section 17-6-72, relating to conditions not warranting forfeiture of bond for failure to appear, as follows:
"(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
THURSDAY, MARCH 26, 2015
3569
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. Such notice may be sent from the holding institution by mail or e-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 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 detention or confinement and such. Such notice may be sent from the holding institution by mail or e-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 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 or removed from the United States by federal authorities. Official documentation An official written notice of such deportation from a federal official or agency shall be considered proof of the principal's deportation or removal. Such documentation may be delivered by mail or e-mail or delivered by hand or by facsimile machine."
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.
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JOURNAL OF THE HOUSE
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton E Bennett E Bentley N Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks
Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V
Coleman Y Cooke
Y Coomer Y Cooper Y Corbett 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 N Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd
Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley
Greene Y Hamilton
E Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L E Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold
Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger E Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre
Spencer Y Stephens, M Y Stephens, R
Stephenson Stovall Y Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T E Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch Y Weldon N Werkheiser 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 152, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, the following Resolution of the House, having been previously postponed, was again postponed until the next legislative day:
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3571
HR 620. By Representative Drenner of the 85th:
A RESOLUTION urging local boards of education in Georgia to provide educational awareness regarding renewable energy; and for other purposes.
Representative Rogers of the 29th moved that the following Resolution of the House be withdrawn from the General Calendar and recommitted to the Committee on Higher Education:
HR 71. By Representatives Gordon of the 163rd, Stephens of the 165th, Stephens of the 164th, Petrea of the 166th, Bryant of the 162nd and others:
A RESOLUTION creating the House Study Committee on the HOPE Scholarship Program Award Amount for Critical Fields of Study; and for other purposes.
The motion prevailed.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 347. By Representatives Hightower of the 68th, Meadows of the 5th, Quick of the 117th, Kelley of the 16th, Efstration of the 104th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, so as to clarify provisions relating to interest on certain domestic relations cases; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
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:
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SB 191 Do Pass
Respectfully submitted, /s/ Parsons of the 44th
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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 71 SB 18 SB 58
Do Pass, by Substitute Do Pass Do Pass
Respectfully submitted, /s/ Rogers of the 29th
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 Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 114 Do Pass
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:
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3573
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 126 Do Pass, by Substitute
Respectfully submitted, /s/ Roberts of the 155th
Chairman
Representative O'Neal of the 146th moved that the House stand in recess until 4:00 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 4:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.
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Representative Hall, Atlanta, Georgia
Friday, March 27, 2015
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.
Prayer was offered by Reverend Taft Quincey Heatley, Executive Pastor, Ray of Hope Christian Church, Ellenwood, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
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HB 679. By Representative Kidd of the 145th:
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, so as to provide for a petition to restrict criminal record information relating to certain minors convicted of violating Code Section 40-6-391 under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 680. By Representatives Setzler of the 35th, Fleming of the 121st, Brockway of the 102nd and Caldwell of the 20th:
A BILL to be entitled an Act to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to require completion of education prior to filing a petition for divorce; to provide for the persons and entities authorized to offer to provide the education; to make certain changes relating to contents of a petition for divorce; to provide for related matters; to provide a short title; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 681. By Representatives Carson of the 46th, Roberts of the 155th and Hamilton of the 24th:
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 the installation of farm crossings and cattle guards on property which is intersected by a railroad; to provide for an independent safety study; to provide for permitted use of such farm crossings; to provide for limits on liability; to provide for the maintenance of liability coverage; to provide for the posting of certain signage; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 682. By Representatives Caldwell of the 131st, Smith of the 134th, Buckner of the 137th and Hugley of the 136th:
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 the control of water
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pollution and surface water use, so as to regulate the return of surface water to the sources from which it was withdrawn by local government entities; to provide a short title; to require monthly reporting of water usage and returns; to provide for permit modifications in the event of unsatisfactory return percentages; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 683. By Representatives Dickerson of the 113th, Anderson of the 92nd and Stephenson of the 90th:
A BILL to be entitled an Act to authorize Rockdale County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide for 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 684. By Representatives Martin of the 49th, Clark of the 98th, Brockway of the 102nd, Abrams of the 89th and Hugley of the 136th:
A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dental hygienists, so as to provide for delegable services and procedures that may be performed by dental hygienists; to revise provisions regarding direct supervision of dental hygienists by dentists in certain settings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 810. By Representative Burns of the 159th:
A RESOLUTION creating the House Study Committee on Short-Term Rental Providers; and for other purposes.
Referred to the Committee on Small Business Development.
HR 811. By Representative Kidd of the 145th:
A RESOLUTION creating the House Study Committee on Casino Gaming; and for other purposes.
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Referred to the Committee on Regulated Industries.
HR 830. By Representative Brockway of the 102nd:
A RESOLUTION proposing an amendment to the Constitution so as to provide for the creation, purposes, administration, cooperation with local governments, and regulation by general law of transit community improvement districts in which property may be the subject of taxes, fees, and assessments for the accomplishment of the purposes of such districts; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Ways & Means.
By unanimous consent, the 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 687. By Representatives Kelley of the 16th and Powell of the 171st:
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 688. By Representatives Gravley of the 67th, Setzler of the 35th, Powell of the 32nd, Kelley of the 16th, Tarvin of the 2nd and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, so as to define certain terms; to provide that no state or local officer shall take any action to enforce federal laws relating to the purchase, possession, or use of firearms; to provide for legal standing; to repeal conflicting laws; 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:
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HB 665 HB 667 HB 677 HR 787 HR 807 HR 809 HR 827 HR 829 SB 225
HB 666 HB 676 HB 678 HR 788 HR 808 HR 826 HR 828 SB 220
Representative Tankersley of the 160th 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 632 HB 646 HB 648 HB 658 HB 662 HB 664 HB 669 HB 671 HB 673 HB 675
Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass
HB 640 HB 647 HB 650 HB 661 HB 663 HB 668 HB 670 HB 672 HB 674
Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass, by Substitute Do Pass Do Pass Do Pass
Respectfully submitted, /s/ Tankersley of the 160th
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 Senate and has instructed me to report the same back to the House with the following recommendations:
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SB 34 SB 138 SB 168
Do Pass, by Substitute Do Pass, by Substitute Do Pass
Respectfully submitted, /s/ Willard of the 51st
Chairman
Representative Meadows of the 5th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 827 Do Pass
Respectfully submitted, /s/ Meadows of the 5th
Chairman
The roll was called and the following Representatives answered to their names:
Abrams Alexander E Allison Atwood Ballinger Barr Battles E Beasley-Teague Bell Belton Bennett Benton Beskin Beverly Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M
Coomer Cooper Corbett E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Douglas E Drenner Dudgeon Dukes E Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Floyd
Hamilton Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Houston Howard Jackson Jasperse Jones, J Jones, J.B. Jones, L E Jones, S E Jordan Kaiser Kelley E Kendrick
Mitchell Morris Mosby Nimmer Nix O'Neal Pak Parrish Parsons Peake Petrea Pezold Powell, A Powell, J Prince E Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rhodes
Smith, L Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D E Taylor, T Teasley Thomas, A.M. E Thomas, E Trammell Turner Waites Watson Welch
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Cantrell Carson Carter Casas Chandler Cheokas Clark, D Clark, H Clark, V Coleman Cooke
Fludd Frazier Frye Gardner Gasaway E Geisinger Glanton Golick Gordon Gravley Greene
Kidd Knight LaRiccia Lumsden Mabra Marin Martin Mayo McCall McClain Meadows
Rice Roberts Rogers, C Rogers, T Rynders Scott Sharper Shaw Sims Smith, E
Weldon Werkheiser Wilkerson Wilkinson Willard Williams, C Williams, E Williamson Yates Ralston, Speaker
Due to a mechanical malfunction, Representatives Maxwell of the 17th and Rutledge of the 109th were not recorded on the attendance roll call. They wished to be recorded as present.
The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 92nd, Dollar of the 45th, Hugley of the 136th, Jacobs of the 80th, and Kirby of the 114th.
They wished to be recorded as present.
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR FRIDAY, MARCH 27, 2015
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 38th Legislative Day as enumerated below:
Modified Open Rule
DEBATE CALENDAR
HR 612 HR 743 HR 744 SB 69
House Study Committee on Fibroids Education and Awareness; create (H&HS-Cooper-43rd) House Study Committee on Annexation, Deannexation, and Incorporation; create (IGC-Tankersley-160th) House Study Committee on the Use of Drones; create (Substitute) (PS&HS-Tanner-9th) State Defense Force; remove restrictions; rights of public officers and employees to be absent for service; reemployment rights (D&VA-Yates-73rd) Hill-32nd
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SB 175
Animal Protection; require inspection of certain animals entering into the state (Substitute)(A&CA-Jasperse-11th) Black-8th
Modified Structured Rule
SB 4 SB 64 SB 79 SB 131 SB 134 SB 135 SB 139 SB 148 SB 190
Urban Redevelopment; provide for use of surface transportation projects; definitions; public contracts with private enterprises for completion (Substitute)(Trans-Roberts-155th) Gooch-51st (AM 39 0121) Juvenile Code, Domestic Relations, and Vital Records; repeal voluntary acknowledgments of legitimation (Substitute)(JuvJ-Weldon-3rd) Hufstetler-52nd Victim Compensation; expand the Criminal Justice Coordinating Council's powers and duties relative to claims (JudyNC-Pak-108th) Unterman-45th Department of Behavorial Health and Developmental Disabilities; provide for certification; policies and procedures (Substitute)(H&HS-Rogers-10th) Dugan-30th Speed Detection Devices; provide for a rebuttable presumption for law enforcement agencies' use of speed detection devices (Substitute) (JudyNC-Golick-40th) Stone-23rd Clerks of Superior Courts; provide for protection and disclosure of records held; procedure for disclosure (Substitute)(Judy-Jacobs-80th) Bethel-54th Selling and Other Trade Practices; provide regulation; auxiliary containers shall be done by general law (Substitute)(A&CA-McCall-33rd) Harper-7th Commerce and Trade; transfer powers and responsibilities of Governor's Office of Consumer Affairs to Attorney General's office (A&CA-Rogers-10th) Kennedy-18th Bona Fide Coin Operated Machines; provide certain definitions; license fees and requirements for manufacturers and distributors (Substitute) (RegI-Dickey-140th) Miller-49th
Structured Rule
SB 63
Alcoholic Beverages; provide for manufacturers of malt beverages to make limited retail sales of malt beverages under certain circumstances (Substitute)(RegI-Stephens-164th) Hill-6th
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
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Representative Raffensperger of the 50th moved that the following Bill of the House be removed from the Local Calendar and voted on separately:
HB 670. By Representatives Mayo of the 84th, Oliver of the 82nd, Drenner of the 85th, Mosby of the 83rd, Mitchell of the 88th and others:
A BILL to be entitled an Act to provide for a homestead exemption from City of Decatur ad valorem taxes for municipal purposes except for ad valorem taxes levied to pay interest on and to retire municipal bonded indebtedness in the amount of $15,000.00 of the assessed value of the homestead for residents of that city who are 62 years of age or older and whose income does not exceed $50,000.00; 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.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison
Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague N Bell Y Belton Y Bennett
Bentley Y Benton Y Beskin
Beverly Y Broadrick Y Brockway N Brooks Y Bruce N Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas
Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas E Drenner Y Dudgeon
Dukes E Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming N Floyd N Fludd
Frazier Y Frye
Gardner Y Gasaway E Geisinger Y Glanton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson
Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S E Jordan
Kaiser Y Kelley E Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lumsden N Mabra Y Marin
Y Meadows Y Mitchell Y Morris N Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts
Rogers, C Y Rogers, T
Rutledge Y Rynders
Y 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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D E Taylor, T Y Teasley Y Thomas, A.M. E Thomas, E Y Trammell Y Turner N Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson
Willard Y Williams, A
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3583
Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Golick N Gordon Y Gravley Y Greene Y Hamilton
Y Martin Y Maxwell
Mayo Y McCall N McClain
N Scott Setzler
Y Sharper Y Shaw Y Sims
Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 135, nays 15.
The motion prevailed.
Representative Raffensperger of the 50th moved that the following Bill of the House be removed from the Local Calendar and voted on separately:
HB 671. By Representatives Mayo of the 84th, Oliver of the 82nd, Drenner of the 85th, Mosby of the 83rd, Mitchell of the 88th and others:
A BILL to be entitled an Act to repeal a former local constitutional amendment, Ga. L. 1981, p. 1914, which former local constitutional amendment was continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution of Georgia and which provides for a homestead exemption from certain city ad valorem taxes for residents of the City of Decatur in an amount to be fixed by the governing authority of the city at not more than $2,000.00 for the first year, and which may be increased periodically, but which exemption shall not exceed $10,000.00; 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 N Alexander E Allison
Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin
Beverly Y Broadrick Y Brockway N Brooks
Bruce
Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas E Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Ealum Y Efstration
Ehrhart Y England
Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson
Jacobs Y Jasperse Y Jones, J Y Jones, J.B. N Jones, L E Jones, S
Y Meadows N Mitchell Y Morris N Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J N Prince Y Pruett Y Quick Y Raffensperger
Y Smith, E Y Smith, L N Smith, M Y Smith, R Y Smyre Y Spencer N Stephens, M Y Stephens, R
Stephenson N Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D E Taylor, T Y Teasley N Thomas, A.M. E Thomas, E
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N Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Epps N Evans Y Fleming N Floyd N Fludd
Frazier N Frye
Gardner Y Gasaway E Geisinger N Glanton Y Golick N Gordon Y Gravley Y Greene Y Hamilton
E Jordan Kaiser
Y Kelley E Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo Y McCall N McClain
Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T
Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Trammell Y Turner N Waites Y Watson Y Welch Y Weldon Y Werkheiser N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E Y Williamson
Yates Ralston, Speaker
On the motion, the ayes were 126, nays 25.
The motion prevailed.
Representative Raffensperger of the 50th moved that the following Bill of the House be removed from the Local Calendar and voted on separately:
HB 672. By Representatives Mayo of the 84th, Oliver of the 82nd, Drenner of the 85th, Mosby of the 83rd, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend an Act approved March 27, 1985 (Ga. L. 1985, p. 4140), as amended, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4475), and by an Act approved April 13, 2001 (Ga. L. 2001, p. 4259), so as to provide for a homestead exemption from City of Decatur ad valorem taxes; 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.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams N Alexander E Allison
Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague
Bell Y Belton
Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar N Douglas
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston
Y Meadows N Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons
Y 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
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3585
N Bennett E Bentley Y Benton Y Beskin N Beverly Y Broadrick Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
E Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming Y Floyd N Fludd Y Frazier N Frye
Gardner Y Gasaway E Geisinger Y Glanton Y Golick N Gordon Y Gravley Y Greene Y Hamilton
N Howard Y Hugley Y Jackson
Jacobs Y Jasperse
Jones, J Y Jones, J.B. N Jones, L E Jones, S E Jordan
Kaiser Y Kelley E Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo Y McCall N McClain
Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T
Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sims
Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D E Taylor, T Y Teasley N Thomas, A.M. E Thomas, E Y Trammell Y Turner N Waites Y Watson Y Welch Y Weldon Y Werkheiser N 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 123, nays 31.
The motion prevailed.
Representative Raffensperger of the 50th moved that the following Bill of the House be removed from the Local Calendar and voted on separately:
HB 673. By Representatives Mayo of the 84th, Oliver of the 82nd, Drenner of the 85th, Mosby of the 83rd, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend an Act approved April 19, 2000 (Ga. L. 2000, p. 4285), so as modify the amount of a homestead exemption from City of Decatur ad valorem taxes for municipal purposes except for ad valorem taxes levied to pay interest on and to retire municipal bonded indebtedness in the amount of $25,000.00 of the assessed value of the homestead for residents of that city; 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 N Alexander
Coomer Y Cooper
Y Harbin Y Harden
Y Meadows N Mitchell
Y Smith, E Y Smith, L
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E Allison Anderson
Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton N Bennett E Bentley Y Benton Y Beskin N Beverly Y Broadrick Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar N Douglas E Drenner Y Dudgeon
Dukes E Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming Y Floyd N Fludd Y Frazier Y Frye
Gardner Y Gasaway E Geisinger Y Glanton Y Golick N Gordon Y Gravley Y Greene
Hamilton
Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston Y Howard
Hugley Y Jackson
Jacobs Y Jasperse Y Jones, J Y Jones, J.B. N Jones, L E Jones, S
Jordan Kaiser Y Kelley E Kendrick Y Kidd Kirby Y Knight Y LaRiccia Y Lumsden N Mabra N Marin Martin Y Maxwell N Mayo McCall N McClain
Y Morris N Mosby Y Nimmer
Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons
Peake Y Petrea Y Pezold Y Powell, A Y Powell, J N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T
Rutledge Y Rynders N Scott
Setzler N Sharper Y Shaw Y Sims
Y Smith, M Y Smith, R Y Smyre Y Spencer N Stephens, M Y Stephens, R
Stephenson N Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D E Taylor, T Y Teasley N Thomas, A.M. E Thomas, E Y Trammell Y Turner N Waites Y Watson Y Welch Y Weldon Y Werkheiser N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E Y Williamson
Yates Ralston, Speaker
On the motion, the ayes were 119, nays 29.
The motion prevailed.
Representative Stephens of the 164th moved that the following Bill of the House be withdrawn from the Local Calendar and recommitted to the Committee on Intragovernmental Coordination - Local:
HB 669. By Representatives Stephens of the 164th, Bryant of the 162nd, Petrea of the 166th, Stephens of the 165th, Gordon of the 163rd and others:
A BILL to be entitled an Act to amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4351), so as to provide for the compensation
FRIDAY, MARCH 27, 2015
3587
of certain Chatham County officials; to repeal conflicting laws; and for other purposes.
The motion prevailed.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 632. By Representatives Wilkerson of the 38th, Bruce of the 61st, Evans of the 42nd, Jones of the 53rd, Reeves of the 34th and others:
A BILL to be entitled an Act to amend an Act known as the "South Cobb Development Authority Act," approved April 12, 1982 (Ga. L. 1982, p. 3772), as amended, so as to change the definition of certain terms; to change certain powers and duties; to provide for boundaries; to 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 Representatives Chandler of the 105th, Efstration of the 104th, Kendrick of the 93rd, Clark of the 101st, Clark of the 98th and others:
A BILL to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 3722), so as to change provisions relating to the salary supplements for the judges of the Gwinnett Judicial Circuit; 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 646. By Representatives Scott of the 76th, Stovall of the 74th, Mabra of the 63rd, Jordan of the 77th, Glanton of the 75th and others:
A BILL to be entitled an Act to amend an Act providing for a supplement to the salaries of the judges of the superior court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4683), so as to increase the county supplement to the state salary of said judges; to repeal conflicting laws; and for other purposes.
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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 647. By Representatives Scott of the 76th, Stovall of the 74th, Mabra of the 63rd, Jordan of the 77th, Glanton of the 75th and others:
A BILL to be entitled an Act to amend an Act providing for the appointment of the chief magistrate of Clayton County, approved March 21, 1984 (Ga. L. 1984, p. 4411), as amended, particularly by an Act approved May 4, 2006 (Ga. L. 2006, p. 4136), so as to change the salary of the chief magistrate; 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 648. By Representatives Scott of the 76th, Jordan of the 77th, Waites of the 60th, Douglas of the 78th, Stovall of the 74th and others:
A BILL to be entitled an Act to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4656), so as to change the provisions relating to the compensation of the sheriff; 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 650. By Representatives Waites of the 60th, Bruce of the 61st, Gardner of the 57th, Brooks of the 55th, Jacobs of the 80th and others:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Atlanta, approved April 15, 1996 (Ga. L. 1996, p. 4469), as amended, so as to provide for public safety access assessments; 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 658. By Representatives Mitchell of the 88th, Williams of the 87th, Drenner of the 85th, Kendrick of the 93rd, Anderson of the 92nd and others:
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A BILL to be entitled an Act to amend an Act creating one or more community improvement districts within DeKalb County, approved May 13, 2008 (Ga. L. 2008, p. 3817), as amended, so as to change certain provisions so that community improvement districts may be created within municipalities in DeKalb County; to provide for a millage rate cap; 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 661. By Representatives Drenner of the 85th, Henson of the 86th, Jacobs of the 80th, Anderson of the 92nd, Kendrick of the 93rd and others:
A BILL to be entitled an Act to amend an Act to reincorporate the City of Clarkston in the County of DeKalb, approved April 21, 1967 (Ga. L. 1967, p. 3391), as amended, so as to change the corporate limits of the city by annexing certain territory; to provide for related matters; to provide for a referendum; 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 662. By Representatives Drenner of the 85th, Jacobs of the 80th, Henson of the 86th, Anderson of the 92nd, Kendrick of the 93rd and others:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Avondale Estates, approved April 23, 1999 (Ga. L. 1999, p. 4886), as amended, so as to change the corporate limits of the city; to provide for a referendum; to provide for related matters; to provide for automatic repeal and a contingent effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 663. By Representatives Drenner of the 85th, Jacobs of the 80th, Henson of the 86th, Anderson of the 92nd, Kendrick of the 93rd and others:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Decatur, approved April 13, 2001 (Ga. L. 2001, p. 4351), as amended, so as to change the corporate limits of the city; to provide for
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related matters; to provide for a referendum and 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.
HB 664. By Representatives 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 Griffin 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 668. By Representatives Ramsey of the 72nd and Fludd of the 64th:
A BILL to be entitled an Act to amend an Act to create the City of Peachtree City Public Facilities Authority, approved May 13, 2011 (Ga. L. 2011, p. 4121), so as to add an additional power; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act to create the City of Peachtree City Public Facilities Authority, approved May 13, 2011 (Ga. L. 2011, p. 4121), so as to modify a definition; to add an additional power; 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 to create the City of Peachtree City Public Facilities Authority, approved May 13, 2011 (Ga. L. 2011, p. 4121), is amended by revising paragraph (3) of Section 3 as follows:
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"(3) 'Project' means: (A) All buildings, facilities, equipment, and other real and personal property necessary or convenient for the efficient operation of the City of Peachtree City, Georgia, or any department, agency, division, or commission thereof; and (B) Any undertaking permitted by Revenue bond law."
SECTION 2. Said Act is further amended in Section 4 by inserting a new paragraph to read as follows:
"(6.1) To sell or assign its rights under its contracts, lease agreements, or installment sale agreements or its right to receive payments thereunder, either directly or through trust or custodial arrangements whereby interests are created in such contracts, lease agreements, or installment sale agreements or the payments to be received thereunder through the issuance of trust certificates, certificates of participation, custodial receipts, or other similar instruments;"
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.
HB 674. By Representatives Weldon of the 3rd and Tarvin of the 2nd:
A BILL to be entitled an Act to create the State Court of Catoosa 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 675. By Representative Ralston of the 7th:
A BILL to be entitled an Act to provide for compensation of the coroner and deputy coroner of Gilmer County; to provide for the payment of expenses; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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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 E Allison
Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter
Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas E Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Harbin Y Harden E Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S Y Jordan
Kaiser Y Kelley E Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T
Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D E Taylor, T Y Teasley Y Thomas, A.M. E Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 158, nays 0.
The Bills, having received the requisite constitutional majority, were passed.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
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The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 215. By Senator Harbison of the 15th:
A BILL to be entitled an Act to create the Schley County Utilities Authority; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 231. By Senators Ramsey, Sr. of the 43rd and Jeffares of the 17th:
A BILL to be entitled an Act to create the City of Conyers Public Facilities Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds by the authority; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to exempt the property and revenue bonds of the authority from taxation; to provide for severability; to provide a short title; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 236. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to create the State Court of Catoosa County; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 177. By Representatives Wilkerson of the 38th, Willard of the 51st, Chandler of the 105th, Oliver of the 82nd, Welch of the 110th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to provide that certain school personnel who are required to report child abuse shall be notified upon receipt of such report and upon completion of its investigation; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 183. By Representatives Knight of the 130th, Petrea of the 166th, Peake of the 141st, Dempsey of the 13th, Randall of the 142nd and others:
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 include contractual arrangements with licensed independent contractors; to
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revise exempt services; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 252. By Representatives Caldwell of the 20th, Welch of the 110th, Pak of the 108th, Ramsey of the 72nd, Hatchett of the 150th and others:
A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated so as to enact the "J. Calvin Hill, Jr., Act"; to repeal obsolete and outdated provisions; to repeal provisions which have been deemed unconstitutional; to update obsolete and outdated terminology; to repeal certain provisions relating to preclearance requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 299. By Representatives Dunahoo of the 30th, Williams of the 119th, Rogers of the 29th, Hawkins of the 27th, Williamson of the 115th 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 definitions; to provide for the imposition of convenience fees upon payments for certain loans or purchases when paid by electronic means; to provide for notice of the imposition of convenience fees; to provide for exclusions and applicability; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 353. By Representative Rogers of the 29th:
A BILL to be entitled an Act to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to nonpublic postsecondary educational institutions; to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Administrative Procedure Act, so as to exempt the commission from the Georgia Administrative Procedure Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 571. By Representatives Willard of the 51st, Wilkinson of the 52nd, Jacobs of the 80th and Dollar of the 45th:
A BILL to be entitled an Act to authorize the governing authority of the City of Sandy Springs 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 provide for a conditional effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
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HB 595. By Representatives Jones of the 47th, Geisinger of the 48th, Wilkinson of the 52nd, Golick of the 40th, Beskin of the 54th and others:
A BILL to be entitled an Act to amend an Act providing for the establishment of a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4347), so as to specify a name for the county-wide library system; to change membership, the number of members, and the selection of members of the library board of trustees; to provide for vacancies; to provide for the selection of the executive director of the library system and to whom the executive director shall report; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 601. By Representatives Hightower of the 68th, Cooke of the 18th, Nix of the 69th and Smith of the 70th:
A BILL to be entitled an Act to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of the net proceeds of such tax among the Carroll County School District and the independent school districts located wholly or partially within Carroll County, including particularly the Carrollton Independent School System and the Bremen Public School System; to provide for authority under Article VIII, Section VI, Paragraph IV of the Constitution; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 618. By Representative Dukes of the 154th:
A BILL to be entitled an Act to provide for the compensation of the chairperson and members of the Seminole County Board of Education; to repeal conflicting laws; and for other purposes.
HB 626. By Representative Shaw of the 176th:
A BILL to be entitled an Act to provide a new charter for the City of Lakeland; to provide for incorporation, boundaries, and powers of the city; 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 631. By Representatives Cantrell of the 22nd, Turner of the 21st, Caldwell of the 20th, Ballinger of the 23rd and Carson of the 46th:
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A BILL to be entitled an Act to amend an Act creating the Board of Ethics of Cherokee County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 411), so as to define a term; to provide for limitation of liability; to repeal conflicting laws; and for other purposes.
HB 634. By Representatives Clark of the 101st, Coleman of the 97th, Chandler of the 105th, Floyd of the 99th, Harrell of the 106th and others:
A BILL to be entitled an Act to amend an Act incorporating the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4128), so as to amend corporate boundaries of such city; to repeal conflicting laws; and for other purposes.
HB 636. By Representative Morris of the 156th:
A BILL to be entitled an Act to authorize the governing authority of the City of Vidalia 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 637. By Representatives Morris of the 156th, Pruett of the 149th and LaRiccia of the 169th:
A BILL to be entitled an Act to provide a new charter for the City of Hazlehurst; to provide for severability; to provide for other matters relative to the foregoing; to provide a specific repealer; 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 106. By Representatives Roberts of the 155th, Burns of the 159th, McCall of the 33rd and Cooke of the 18th:
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 revise what constitutes part of the state highway system; to provide for the appropriation of funds to the Department of Transportation; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for submission of electronic accident reports by law enforcement agencies; to repeal conflicting laws; and for other purposes.
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HB 225. By Representatives Powell of the 32nd, Dunahoo of the 30th, Carson of the 46th, Rutledge of the 109th, Hitchens of the 161st and others:
A BILL to be entitled an Act to amend Titles 36 and 40 of the Official Code of Georgia Annotated, relating to local government and motor vehicles and traffic, respectively, so as to provide for definitions; to require all for-hire drivers to obtain a for-hire license endorsement before driving for hire; to require that all for-hire drivers have certain insurance; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 263. By Representatives Coomer of the 14th, Nimmer of the 178th, Dickey of the 140th, Rogers of the 10th, Golick of the 40th and others:
A BILL to be entitled an Act to amend Chapter 6A of Title 35, Chapter 11 of Title 15, and Title 49 of the O.C.G.A., relating to the Criminal Justice Coordinating Council, the Juvenile Code, and social services, respectively, so as to provide for an advisory board to the council for juvenile justice issues; to amend Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, so as to remove the responsibility and duties of the Department of Human Resources for such shelters and require the Criminal Justice Coordinating Council to have such responsibility and duties; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 623. By Representatives Epps of the 144th, 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 known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, so as to revise the powers of the authority; to provide for the ability to operate a storm water utility; 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 215. By Senator Harbison of the 15th:
A BILL to be entitled an Act to create the Schley County Utilities Authority; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Intragovernmental Coordination - Local.
SB 231. By Senators Ramsey, Sr. of the 43rd and Jeffares of the 17th:
A BILL to be entitled an Act to create the City of Conyers Public Facilities Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds by the authority; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to exempt the property and revenue bonds of the authority from taxation; to provide for severability; to provide a short title; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 236. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to create the State Court of Catoosa County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
Representative Beskin of the 54th moved that the following Bill of the House be taken from the table:
HB 633. By Representatives Beskin of the 54th, Wilkinson of the 52nd, Golick of the 40th, Bruce of the 61st, Jacobs of the 80th and others:
A BILL to be entitled an Act to provide a homestead exemption from City of Atlanta independent school district ad valorem taxes for educational purposes in the amount of the assessed value of the homestead for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
On the motion, the roll call was ordered and the vote was as follows:
N Abrams N Alexander E Allison N Anderson Y Atwood
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh
Y Harbin Y Harden E Harrell Y Hatchett Y Hawkins
Y Meadows N Mitchell Y Morris N Mosby Y Nimmer
N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre
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Y Ballinger Y Barr Y Battles E Beasley-Teague N Bell Y Belton N Bennett E Bentley Y Benton Y Beskin N Beverly Y Broadrick
Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman
Cooke
Dempsey N Dickerson Y Dickey Y Dickson
Dollar N Douglas E Drenner Y Dudgeon N Dukes E Dunahoo Y Duncan N Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming N Floyd N Fludd N Frazier N Frye N Gardner Y Gasaway E Geisinger N Glanton Y Golick N Gordon Y Gravley Y Greene Y Hamilton
E Henson Y Hightower Y Hitchens N Holcomb Y Holmes Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. N Jones, L E Jones, S N Jordan
Kaiser Y Kelley E Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo
McCall N McClain
Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea
Pezold Y Powell, A Y Powell, J N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice
Roberts Y Rogers, C Y Rogers, T
Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sims
Y Spencer N Stephens, M Y Stephens, R
Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D E Taylor, T Y Teasley N Thomas, A.M. E Thomas, E N Trammell Y Turner N Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 106, nays 49.
The motion prevailed.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Setzler of the 35th, Williams of the 87th et al., Glanton of the 75th, Jones of the 62nd, Smith of the 125th, Sharper of the 177th et al., Werkheiser of the 157th et al., Williamson of the 115th, Willard of the 51st, and Williams of the 168th.
Pursuant to HR 690, the House honored Thomas Henry Nobis, Jr., the first player drafted during the inaugural season for the Atlanta Falcons in 1966, and invited him to be recognized by the House of Representatives.
Pursuant to HR 228, the House commended Theodore N. "Ted" Oglesby and invited him to be recognized by the House of Representatives.
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Pursuant to HR 602, the House honored the life and memory of C. Glenn Hartley and invited his wife and children to be recognized by the House of Representatives.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 584. By Representatives Carson of the 46th, Reeves of the 34th, Setzler of the 35th, Jones of the 53rd, Evans of the 42nd and others:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3691), so as to change the provisions relating to the compensation of the chairperson and the other commissioners of the board; to repeal conflicting laws; and for other purposes.
HB 589. By Representatives Evans of the 42nd, Carson of the 46th, Wilkerson of the 38th, Smith of the 41st, Reeves of the 34th 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 12, 2008 (Ga. L. 2008, p. 3732), so as to change the compensation of the judge of the probate court; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 600. By Representatives Ehrhart of the 36th, Cooper of the 43rd, Evans of the 42nd, Wilkerson of the 38th, Carson of the 46th 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. 3723), so as to revise the compensation of the solicitor-general of Cobb County; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 617. By Representatives Carson of the 46th, Parsons of the 44th, Dollar of the 45th, Wilkerson of the 38th, Evans of the 42nd and others:
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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 April 10, 2014 (Ga. L. 2014, p. 4267), an Act approved May 12, 2008 (Ga. L. 2008, p. 3723), and an Act approved May 30, 2003 (Ga. L. 2003, p. 3695), so as to raise the compensation of the chief deputy clerk and the clerk of the State Court of Cobb County; to raise the minimum and maximum allowable compensation for the chief assistant, each deputy chief assistant, each assistant, and each intake assistant solicitor of Cobb County; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 619. By Representative Epps of the 144th:
A BILL to be entitled an Act to create the Cochran/Bleckley Airport Authority; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 639. By Representative Jasperse of the 11th:
A BILL to be entitled an Act to provide that the clerk of the Magistrate Court of Pickens County shall be appointed by and serve at the pleasure of the chief magistrate; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.
HB 642. By Representatives Rhodes of the 120th and Kidd of the 145th:
A BILL to be entitled an Act to amend an Act providing for the Magistrate Court of Putnam County, approved March 12, 1984 (Ga. L. 1984, p. 3788), as amended, so as to revise the number, manner of selection, and compensation of the judges of the magistrate court; 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 Resolution of the House and Senate were taken up for consideration and read the third time:
HR 743. By Representatives Tankersley of the 160th, Rynders of the 152nd, Hamilton of the 24th, Oliver of the 82nd and Meadows of the 5th:
A RESOLUTION creating the House Study Committee on Annexation, Deannexation, and Incorporation; and for other purposes.
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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 E Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett E Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett E 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston
Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, J.B. Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain
E Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C
Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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 164, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 135. By Senators Bethel of the 54th, McKoon of the 29th, Cowsert of the 46th, Jones II of the 22nd, Thompson of the 5th and others:
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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 the clerks of superior courts, so as to provide for the protection and disclosure of records held by the clerk of superior court; to provide for procedure for disclosure; to provide for penalties; to change provisions relating to back-up records; 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 9-11-4.1 of the Official Code of Georgia Annotated, relating to certified process servers, so as to repeal the sunset and legislative review provisions; to amend Article 2 of Chapter 6 of Title 15 and Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to the clerks of superior courts and when public disclosure is not required, respectively, so as to provide for the protection and disclosure of records held by the clerk of superior court; to provide for procedure for disclosure; to change provisions relating to back-up records; 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 9-11-4.1 of the Official Code of Georgia Annotated, relating to certified process servers, is amended by revising subsection (k) as follows:
"(k) Sunset and legislative review. This Code section shall be repealed effective July 1, 2015, unless continued in effect by the General Assembly prior to that date. At its 2013 regular session the General Assembly shall review this Code section to determine whether it should be continued in effect."
PART II SECTION 2-1.
Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the clerks of superior courts, is amended by adding a new Code section to read as follows:
"15-6-60.1. (a) As the county constitutional officer elected by citizens of his or her county to protect and preserve their court and land records, the clerk of superior court is the sole custodian of all original filed records that the clerk is required by law to retain in his or
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her office or permitted to store and archive in another location as provided by Code Section 15-6-86. (b) Regardless of the methodology, system, or location used by the clerk of superior court for filing, recording, archiving, and storing records, any request for access to or copies of records, including requests made pursuant to Article 4 of Chapter 18 of Title 50 for access to or copies of any record filed, recorded, or retained by a clerk of superior court, shall be made to the clerk of superior court. (c) The clerk of superior court may contract with any person or entity or any governmental department, agency, authority, or entity for the purpose of archiving or storing electronic records of the clerk's office. When the clerk executes a contract for such purpose, such service provider shall not provide access to or copies of any records without the express written approval of the clerk of superior court. (d) Any person or entity or any governmental department, agency, authority, or entity that provides storage or archiving services for records for which the clerk of superior court is custodian shall relinquish possession of all such records and any copies thereof and return such records and copies to the clerk upon request of the clerk. This subsection shall not apply to records provided by the clerk of the superior court to the Georgia Superior Court Clerks' Cooperative Authority pursuant to laws requiring transmittal of records of the clerk's office to such authority. (e) Records that the clerk of superior court is required by law or rules and regulations to provide to other governmental departments, agencies, authorities, and entities to enable such departments, agencies, authorities, and entities to perform their duties or to support the functions assigned to such departments, agencies, authorities, and entities shall not be used for any purpose other than the performance of such duties or functions. (f) Records provided by the clerk of superior court to the Georgia Superior Court Clerks' Cooperative Authority shall be used by the authority only for the performance of its statutory duties, including providing online access to such records. (g) Nothing in this Code section shall be construed to require or otherwise affect the appropriation of public funds by a local governing authority to a clerk of superior court."
SECTION 2-2. Said article is further amended by revising Code Section 15-6-62.1, relating to back-up records, as follows:
"15-6-62.1. (a) As used in this Code section, the term:
(1) 'Authority' means the Georgia Superior Court Clerks' Cooperative Authority. (1)(2) 'Back-up record' means a paper or microfilm an electronic copy of any record of the proceedings relating to any civil action or criminal case which that a clerk of superior court is required to make create pursuant to Code Section Sections 15-6-61 and 15-6-62.
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(2) 'Council' means The Council of Superior Court Clerks created by Code Section 15-6-50.2. (3) 'Division' means the Georgia Division of Archives and History. (b) Except as provided in subsection (d) of this Code section, a A clerk of a superior court electing to record proceedings in digital format as provided in subsection (a) of Code Section 15-6-62 any record of which he or she is the custodian shall maintain a back-up records and must do so record in at least one of two ways: either by (1) By the clerk permanently retaining the back-up records himself or herself or by submitting the digitally formatted records to and having them permanently archived by the division record on the clerk's secure file server, either controlled and operated by the clerk or personnel employed by the clerk or provided for the exclusive benefit of the clerk's office through a contractual relationship between the clerk and a public or private entity for such purpose; and (2) By the clerk submitting all digitally formatted records that the clerk is statutorily authorized and required to archive with the authority for permanent archiving, as set forth in subsection (c) of this Code section. (c) If a clerk of a superior court elects to submit the digitally formatted records to and have them permanently archived by the division pursuant to subsection (b) of this Code section, the clerk shall submit such records at least once every six months and in a format acceptable to the division and the council. Upon receipt, the division shall convert the digitally formatted records to microfilm and shall permanently maintain them in that format. If requested by the clerk of a superior court, the division shall make a copy of these microfilm records available for purchase by the clerk at a fee not to exceed the cost of producing the copies. The clerk of superior court shall submit the clerk's records to the authority in a format acceptable to the authority at least monthly, but not later than the fifteenth day following the last day of each month. Upon receipt of such records, the authority shall permanently and securely maintain such records. Excluding records to which the authority is required by law to provide online access, the authority shall not provide access to or copies of records maintained by it to any person requesting such records without the express written approval of the clerk of superior court who originally maintained such records. All requests for access to such records shall be made to such clerk. (d) If at any time the division certifies to the council that the division is not capable of creating the microfilm records from the digitally formatted records and permanently maintaining them as set forth in this Code section, then a clerk of superior court shall permanently maintain the back-up records himself or herself and shall continue to do so until the division certifies that it is capable of creating and permanently maintaining them."
SECTION 2-3. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required, is amended in subsection (a) by striking "or" at the end
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of paragraph (47), by replacing the period at the end of paragraph (48) with "; or", and by adding a new paragraph to read as follows:
"(49) Held by the Georgia Superior Court Clerks' Cooperative Authority or any other public or private entity for and on behalf of a clerk of superior court; provided, however, that such records may be obtained from a clerk of superior court unless otherwise exempted from disclosure."
PART III SECTION 3-1.
(a) Except as provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Part II of this Act shall become effective on July 1, 2015.
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 E Allison Y Anderson Y Atwood Y Ballinger N Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett
Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J
Caldwell, M Y Cantrell
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson N Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson N Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S Y Jordan
Kaiser N Kelley Y Kendrick Y Kidd Y Kirby
E Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett N Quick Y Raffensperger N Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
Rice
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 Tankersley N Tanner N Tarvin Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. E Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon
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Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon N Gravley Y Greene Y Hamilton
Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin N Martin Y Maxwell
Mayo Y McCall Y McClain
Y Roberts Y Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Werkheiser 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 146, nays 18.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 131. By Senators Dugan of the 30th, Jackson of the 24th, Kirk of the 13th, Jones of the 25th, Albers of the 56th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Behavioral Health and Developmental Disabilities, so as to provide for the certification, rather than licensing, of crisis stabilization units; to provide for policies and procedures; to remove certain provisions relating to the promulgation of rules and regulations; 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 1 of Title 37 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Behavioral Health and Developmental Disabilities, so as to provide for the certification, rather than licensing, of crisis stabilization units; to provide for policies and procedures; to remove certain provisions relating to the promulgation of rules and regulations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Behavioral Health and Developmental Disabilities, is amended by revising Code Section 37-1-29, relating to crisis stabilization
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unit defined, licensure of units, minimum standards and requirements, designation as an emergency receiving facility, legislative intent, and rules and regulations as follows:
"37-1-29. (a) As used in this Code section, the term 'crisis stabilization unit' means a short-term residential program operated for the purpose of providing psychiatric stabilization and detoxification services that complies with applicable department standards and that provides brief, intensive crisis services 24 hours a day, seven days a week. (b) The department shall be authorized to license certify crisis stabilization units pursuant to this Code section for the purpose of providing psychiatric stabilization and detoxification services in a community based setting rather than inpatient hospitalization and other higher levels of care. (c) The department shall establish minimum standards and requirements for the licensure certification of crisis stabilization units in its policies and procedures. Following any changes to such policies and procedures pertaining to crisis stabilization units, notification of such changes shall be posted on the department's website within 45 days and shall remain posted on the website for at least six months. Such standards and requirements policies and procedures shall include, but not be limited to, the following:
(1) The capacity to carry out emergency receiving and evaluating functions; (2) Voluntary and involuntary admission criteria; (3) The prohibition to hold itself out as a hospital or bill for hospital or inpatient services; (4) The unit is operated by an accredited and licensed, if applicable, health care authority; (5) The unit has operating agreements with private and public inpatient hospitals and treatment facilities; (6) The unit operates within the guidelines of the federal Emergency Medical Treatment and Active Labor Act with respect to stabilization and transfer of clients; (7) Length of stay; (8) Designation of transitional beds; (9) Billing; (10) Physician and registered professional nurse oversight; (11) Staff to client ratios; (12) Patient restraint or seclusion; (13) Safety and emergency protocols; (14) Pharmacy services; (15) Medication administration; and (16) Reporting requirements. (d) A crisis stabilization unit shall be designated as an emergency receiving facility under Code Sections 37-3-40 and 37-7-40 and an evaluation facility under Code Sections 37-3-60 and 37-7-60, but shall not be designated as a treatment facility under Code Section 37-3-80 or 37-7-80. Crisis stabilization units may admit individuals on a voluntary basis. Individuals may be provided 24 hour observation, detoxification and
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stabilization services, medication prescribed by a physician, and other appropriate treatment or services. (e) No entity shall operate as a crisis stabilization unit without having a valid license certificate issued pursuant to this Code section. (f) Application for a license certificate to operate a crisis stabilization unit shall be submitted to the department in the manner prescribed by the department's rules and regulations policies and procedures. (g) The department shall issue a license certificate to an applicant who meets all the rules and regulations standards and requirements as set forth in the department's policies and procedures for the licensure certification of crisis stabilization units. The license certificate shall be nontransferable for a change of location or governing body. (h) Each licensee certified crisis stabilization unit shall permit authorized department representatives to enter upon and inspect any and all premises for which a license certificate has been granted or applied for so that verification of compliance with all relevant laws or regulations can be made. (i) The department may deny any license application for certification which does not meet all the rules and regulations standards and requirements set forth in the department's policies and procedures for the licensure certification of crisis stabilization units and may suspend or revoke a license certification which has been issued if an applicant or a licensee certified crisis stabilization unit violates any such rules and regulations policies and procedures; provided, however, that before any order is entered denying a license certification application or suspending or revoking a license certification previously granted, the applicant or license certificate holder, as the case may be, shall be afforded an opportunity for a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (j) Any program licensed certified as a crisis stabilization unit pursuant to this Code section shall be exempt from the requirements to obtain a certificate of need pursuant to Article 3 of Chapter 6 of Title 31. (k) It is the intent of the General Assembly that this Code section provide a public benefit and comply with all safety net obligations in this title and that patients without private health care coverage receive priority consideration for crisis stabilization unit placement. (l) The department shall promulgate rules and regulations in accordance with the General Assembly's intent as set out in subsection (k) of this Code section 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.
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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 E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J
Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett E 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain
E Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw E Sims
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin
Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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 162, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 148. By Senators Kennedy of the 18th, Dugan of the 30th, Miller of the 49th, Jackson of the 24th, Bethel of the 54th and others:
A BILL to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to transfer the powers and responsibilities of the Governor's Office of Consumer Affairs to
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the Attorney General's office; to amend Titles 2, 16, 18, 31, 33, 35, 36, 43, and 46 of the Official Code of Georgia Annotated, relating to agriculture, crimes and offenses, debtors and creditors, health, insurance, law enforcement officers and agencies, local government, professions and businesses, and public utilities and public transportation, respectively, so as to conform to such transfer, correct cross-references, and remove obsolete provisions; 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 E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J
Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas N Drenner Y Dudgeon N Dukes E Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse N Jones, J Y Jones, J.B. Y Jones, L E Jones, S Y Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain
E Meadows Y Mitchell Y Morris N Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger N Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts N Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw E Sims
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. E Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker
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On the passage of the Bill, the ayes were 154, nays 10.
The Bill, having received the requisite constitutional majority, was passed.
SB 190. By Senators Miller of the 49th, Unterman of the 45th, Orrock of the 36th, Dugan of the 30th, Ligon, Jr. of the 3rd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to bona fide coin operated amusement machines, so as to provide for certain definitions; to provide for license fees and requirements for manufacturers and distributors; to provide for certain fees upon the transfer of a master license; to provide for an auction of certain licenses; to provide a procedure for dispute resolution; 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 27 of Title 50 of the Official Code of Georgia Annotated, relating to bona fide coin operated amusement machines, so as to provide for certain definitions; to provide for license fees and requirements for manufacturers and distributors; to provide for certain fees upon the transfer of a master license; to provide for an auction of certain licenses; to provide a procedure for dispute resolution; 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 27 of Title 50 of the Official Code of Georgia Annotated, relating to bona fide coin operated amusement machines, is amended in Code Section 50-27-70, relating to legislative findings and definitions, by adding a new paragraph to subsection (b) to read as follows:
"(10.1) 'Master licensee' means any person that has lawfully applied for and received a master license."
SECTION 2. Said article is further amended in Code Section 50-27-71, relating to license fees, issuance of license, display of license, control number, duplicate certificates, application for license or renewal, and penalty for noncompliance, by revising subsections (a) through (f) and (k) through (n) as follows:
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"(a) Every manufacturer, distributor, and owner, except an owner holding a bona fide coin operated amusement machine solely for personal use or resale, who offers a bona fide coin operated amusement machine for sale to a distributor or to an owner and 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 requires a certificate for lawful operation under this 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 requires a certificate for lawful operation under this 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; (3) For any distributor, the distributor shall pay a distributor license fee of $5,000.00; and (4) For any manufacturer, the manufacturer shall pay a manufacturer license fee of $5,000.00. The cost of the license shall be paid to the corporation by company check, cash, cashier's check, money order, or any other method approved by the chief executive officer. Upon such payment, the corporation shall issue a master license certificate to the owner. The master license fee fees levied by this Code section shall be collected by the corporation on an annual basis for the period from July 1 to June 30. The, and the 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 manufacture, distribution, or operation of bona fide coin operated amusement machines prior to the end of any license or permit period. (a.1) Every location owner or 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 corporation, and the board may establish procedures for location license fee collection and set due dates for payment of such fees. on an annual basis from July 1 to June 30. The location license fee shall be paid to the corporation
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by company check, cash, cashier's check, money order, or any other method approved by the chief executive officer. Upon payment, the 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 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 location owner or 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 location owner's or location operator's location license shall be prominently displayed at all locations where the owner and location owner or 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. A manufacturer's license and distributor's license, as well as invoices for the sales of any Class B machines to any person or entity licensed by this chapter, shall be available for inspection at their places of business and upon request from the corporation. (c) Each manufacturer, distributor, and master license and each location license shall list the name and address of the manufacturer, distributor, owner, or location owner, or location operator, as applicable. (d) The corporation may provide a duplicate original master license certificate or location license certificate issued pursuant to this Code section if the original certificate license has been lost, stolen, or destroyed. The fee for a duplicate original certificate license is $100.00. If the original certificate license is lost, stolen, or destroyed, a sworn, written statement must be submitted explaining the circumstances by which the
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certificate license was lost, stolen, or destroyed and including the number of the lost, stolen, or destroyed certificate license, if applicable, before a duplicate original certificate license can be issued. A certificate license for which a duplicate certificate license 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) Except as provided in paragraph (5) of this subsection, is Is nontransferable, nonassignable by and between owners or location owners and 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; and (5) As it relates to a master licensee, upon the sale of a master licensee's business in its entirety, the buyer shall pay to the corporation a transfer fee for the master license that accompanies the business in the following amounts:
(A) For the first sale of a master licensee's business, a transfer fee for the master license in the amount of $10,000.00; (B) For the second sale of such business, a transfer fee for the master license in the amount of $25,000.00; (C) For the third sale of such business, a transfer fee for the master license in the amount of $50,000.00; and (D) For the fourth sale of such business and each sale thereafter, a transfer fee for the master license in an amount to be established by the corporation, which transfer fee shall be not less than $50,000.00. (f) An application for the renewal of a license or permit must be made to the corporation by June 1 of in accordance with the due dates set forth in the rules promulgated by the board each year." "(k) A renewal application filed on or after July 1 the due dates set forth in the rules promulgated by the board, but before the license expires, shall be accompanied by a nonrefundable late fee of $125.00 $1,000.00. A manufacturer, distributor, or master license or location license that has been expired for more than 90 days may not be renewed. In such a case, the manufacturer, distributor, master license, or location license owner shall obtain a new master license or the location owner or 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 manufacture, distribute, or 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 corporation prior to the expiration date of a problem with the renewal. (m) Holders of manufacturer, distributor, and location licenses and temporary location permits shall be subject to the same provisions of this article with regard to refunds,
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license renewals, license suspensions, and license revocations as are holders of master licenses licensees. (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."
SECTION 3. Said article is further amended in Code Section 50-27-72, relating to refund of license, by revising subsection (a) as follows:
"(a) No refund is allowed for a manufacturer, distributor, or master license except as follows:
(1) The owner licensee makes a written request to the corporation for a refund prior to the beginning of the calendar year for which it was purchased; (2) The owner licensee makes a written request prior to the issuance of the master license or registration certificate; (3) The owner licensee 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 corporation; (4) The processing of the master license is discontinued; or (5) The issuance of the master license is denied."
SECTION 4. Said article is further amended by revising Code Section 50-27-73, relating to refusal to issue or renew license, revocation or suspension, and limitation on issuance of licenses, as follows:
"50-27-73. (a) The corporation shall not renew a master, location owner, or location operator license for a business person under this article and shall suspend for any period of time or cancel a master, location owner, or location operator license if the corporation finds that the applicant or licensee is indebted to the state for any fees, costs, penalties, or delinquent fees. (b) The corporation shall not issue or renew a license for a business person under this article if the applicant does not designate and maintain an office in this state or if the applicant does not permit inspection by the corporation's agents of his or her place of business or of all records which the applicant or licensee is required to maintain; provided, however, that this subsection shall not apply to manufacturers. (c) The corporation may refuse to issue or renew a manufacturer, distributor, or master license or may revoke or suspend a manufacturer, distributor, or 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;
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(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) A master licensee or applicant allows the use of its master license certificate or per machine permit stickers by any other business entity or person who that 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 corporation may fine the licensee as follows:
(A) One thousand dollars for each improper use of a per machine permit sticker; and (B) Twenty-five thousand dollars for each improper use of a master license certificate. In addition, the 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; (5) Failure to suspend or revoke the license would be contrary to the intent and purpose of this 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 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) Effective July 1, 2015, the The corporation shall not may issue any new up to 220 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 through a process of competitive auction to be established by the corporation and such competitive auction shall occur at least once every three years effective July 1, 2015; provided, however, that any person or entity holding a Class B master license on the effective date of this subsection shall not be subject to the competitive auction process provided for in this Code section but shall be subject to all other requirements of this article; provided, however, further, that the corporation shall be permitted to renew Class B master licenses at any time."
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SECTION 5. Said article is further amended in Code Section 50-27-78, relating to payment and collection of annual permit fee, permit stickers, and treatment of fees, by revising subsection (a) as follows:
"(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 corporation by company check, cash, cashier's check, money order, or any other method approved by the chief executive officer. Upon payment, the corporation shall issue a sticker for each bona fide coin operated amusement machine. The annual fees levied by this article shall be collected by the corporation on an annual basis for the period from July 1 to June 30. The 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 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."
SECTION 6. Said article is further amended in Code Section 50-27-84, relating to limitation on percent of monthly gross retail receipts derived from machines, monthly verified reports, issuance of fine or revocation or suspension of license for violations, and submission of electronic reports, by revising subsection (b) as follows:
"(b)(1) No location owner or location operator shall derive more than 50 percent of such location owner's or location operator's monthly gross retail receipts for the business location in which the Class B machine or machines are situated from such Class B machines; provided, however, that revenues that are due to a master licensee or the corporation shall not be deemed revenue derived from Class B machines. (2) Except as authorized by a local ordinance, no No location owner or location operator shall offer more than nine Class B 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."
SECTION 7. Said article is further amended in Code Section 50-27-87, relating to master licenses and requirements and restrictions for licensees, by revising paragraph (4) of subsection (a) and paragraph (3) of subsection (b) as follows:
"(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. No person with or applying for a manufacturer license shall have an interest in a distributor, master licensee, location owner, or location operator in this state. No person applying for a distributor license shall have an interest in a
FRIDAY, MARCH 27, 2015
3619
manufacturer, master licensee, 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; provided, however, that through June 30, 2015, this paragraph shall not apply to persons who, as of December 31, 2013, have or will have continuously possessed a master license for ten or more years and, for ten or more years, have or will have continuously owned or operated a location where a bona fide coin operated machine has been placed. Nothing in this paragraph shall prohibit a manufacturer, distributor, or master licensee from entering into a financing arrangement with the other for the sale of machines, including but not limited to a lien, guaranty, or line of credit." "(3) Any written agreement entered into after April 10, 2013, shall be exclusive as between one bona fide coin operated amusement machine master licensee and one location owner or location operator per location. Any agreement entered into before April 10, 2013, shall not be deemed void for failure to allocate revenue pursuant to Code Section 50-27-87.1 or 50-27-102, and notwithstanding any agreements between master licensees and location owners and location operators, both shall act in a manner that complies with this chapter."
SECTION 8. Said article is further amended in Code Section 50-27-87.1, relating to unfair methods of competition and unfair and deceptive acts, by revising paragraphs (3) and (4) as follows:
"(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 manufacturer, distributor, or 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 (4) An A manufacturer, distributor, 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 A manufacturer, distributor, 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, manufacturer, distributor, owner, or master licensee also shall be fined up to $50,000.00 per incident."
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SECTION 9.
Said article is further amended in Code Section 50-27-102, relating to role of the corporation, implementation and certification, and separation of funds and accounting, by adding a new subsection to read as follows:
"(d)(1) As a condition of the license issued pursuant to this article, no master licensee or location owner or location operator shall replace or remove a Class A or Class B bona fide coin operated amusement machine from a location until the master licensee and location owner or location operator certify to the corporation that there are no disputes regarding any agreement, distribution of funds, or other claim between the master licensee and location owner or location operator; provided, however, that this certification shall not be required if a master licensee is replacing its own Class A or Class B bona fide coin operated amusement machine at a location. If either the master licensee or location owner or location operator is unable to make the certification required by this Code section, the corporation shall refer the dispute to a hearing officer as set forth in this subsection. (2) All disputes subject to the provisions of this Code section shall be decided by a hearing officer approved or appointed by the corporation. The corporation shall adopt rules and regulations governing the selection of hearing officers after consultation with the Bona Fide Coin Operated Amusement Machine Operator Advisory Board. Costs of the hearing officer's review, including any hearing set pursuant to this Code Section, shall be shared equally between the parties in the dispute; provided, however, that the corporation shall not be responsible for any of the costs associated with the dispute resolution mechanism set forth in this Code section. (3) The corporation shall also adopt rules governing the procedure, evidentiary matters, and any prehearing discovery applicable to disputes resolved pursuant to this Code section. Such rules shall be consistent with the Georgia Arbitration Code, and the corporation shall consult the Bona Fide Coin Operated Amusement Machine Operator Advisory Board regarding the procedures or rules adopted pursuant to this subsection. Notwithstanding Code Section 9-9-9, such procedures and rules shall include at least the right of notice to produce books, writings, and other documents or tangible things; depositions; and interrogatories. (4) If requested by the master licensee or the location owner or location operator, the hearing officer shall conduct a hearing as to the dispute, but in no case shall the hearing officer conduct a hearing more than 90 days after he or she has been appointed or selected to decide the dispute. No Class B bona fide coin operated amusement machine that is subject to the dispute resolution mechanism required by this Code section shall be removed from the terminal by a master licensee, location owner, or location operator or otherwise prevented by a master licensee, location owner, or location operator from play by the public until a final decision is entered and all appellate rights have been exhausted, or until the master licensee and location owner or location operator agree to a resolution, whichever occurs first. (5) The decision of the hearing officer may be appealed to the chief executive officer or his or her designee. The chief executive officer shall not reverse a finding of fact
FRIDAY, MARCH 27, 2015
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of the hearing officer if any evidence supports the hearing officer's conclusion. The chief executive officer shall not reverse a conclusion of law of the hearing officer unless it was clearly erroneous, arbitrary, and capricious or exceeded the hearing officer's jurisdiction. The decision of the chief executive officer may be appealed to the Superior Court of Fulton County, which court shall not reverse the chief executive officer's findings of fact unless it is against the weight of the evidence as set forth in Code Section 5-5-21, and the chief executive officer's legal conclusions shall not be set aside unless there is an error of law."
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Anderson Y Atwood Y Ballinger N Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley N Benton Y Beskin Y Beverly Y Broadrick N Brockway Y Brooks Y Bruce N Bryant Y Buckner Y Burns Y Caldwell, J
Caldwell, M N Cantrell
Carson Y Carter E Casas Y Chandler Y Cheokas N Clark, D
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas N Drenner Y Dudgeon Y Dukes E Dunahoo N Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner N Gasaway E Geisinger Y Glanton Y Golick
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson N Hightower Y Hitchens Y Holcomb Y Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S Y Jordan
Kaiser N Kelley Y Kendrick Y Kidd N Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J N Prince Y Pruett N Quick N Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
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 Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. E Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch Y Weldon N Werkheiser Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C
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N Clark, H Y Clark, V Y Coleman N Cooke
Y Gordon N Gravley Y Greene Y Hamilton
Y Maxwell Mayo
Y McCall Y McClain
Y Setzler Y Sharper Y Shaw E Sims
Y Williams, E N Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 138, nays 27.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
House of Representatives 18 Capitol Square, SW Legislative Office Building, Room 612 Atlanta, Georgia 30334
March 27, 2015
Clerk of the House of Representatives,
Please record my vote on Senate Bill 190 to a "YES." It was not my intention to vote "NO".
Thanking you in advance for your assistance.
Sincerely,
/s/ David Clark Representative David Clark District 98
The Speaker announced the House in recess until 1:00 o'clock, this afternoon.
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3623
AFTERNOON SESSION
The Speaker called the House to order.
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 Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 826 HR 829 SB 126
Do Pass Do Pass Do Pass, by Substitute
Respectfully submitted, /s/ Cooper of the 43rd
Chairman
Representative Tankersley of the 160th 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 669 Do Pass, by Substitute
Respectfully submitted, /s/ Tankersley of the 160th
Chairman
The following Resolutions of the House were read and adopted:
HR 831. By Representative Willard of the 51st:
A RESOLUTION commending Amy Coleman for bravery; and for other purposes
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HR 832. By Representatives Kaiser of the 59th, Gardner of the 57th, Buckner of the 137th, Sims of the 123rd, Brooks of the 55th and others:
A RESOLUTION recognizing March 26, 2015, as Georgia Food Bank Association Day at the state capitol; and for other purposes.
HR 833. By Representatives Kaiser of the 59th, Sims of the 123rd, Buckner of the 137th, Howard of the 124th, Gardner of the 57th and others:
A RESOLUTION honoring the life and memory of Governor Carl Sanders; and for other purposes.
HR 834. By Representatives Smyre of the 135th, Randall of the 142nd, Abrams of the 89th, Hugley of the 136th and Dickerson of the 113th:
A RESOLUTION commending the Arthritis Foundation and recognizing Ms. April West, 2015 Walk to Cure Arthritis Adult Honoree; and for other purposes.
HR 835. By Representative Tanner of the 9th:
A RESOLUTION commending Lane Tyson, Ashley Price, Larrenda Burch, Sarah Wallace, and Julie Hogan of Lumpkin County High School; and for other purposes.
HR 836. By Representative O`Neal of the 146th:
A RESOLUTION commending R. Wayne Lowe; and for other purposes.
HR 837. By Representatives Martin of the 49th, Jones of the 47th, Raffensperger of the 50th, Willard of the 51st and Wilkinson of the 52nd:
A RESOLUTION congratulating the 2014 Milton High School girls lacrosse team on winning the state championship; and for other purposes.
HR 838. By Representative Kirby of the 114th:
A RESOLUTION commending Georgia Golf and Travel and recognizing April 2, 2015, as Georgia Golf Trail Day; and for other purposes.
HR 839. By Representatives Howard of the 124th, Sims of the 123rd, Frazier of the 126th, Smith of the 125th and Prince of the 127th:
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3625
A RESOLUTION recognizing the 45th anniversary celebration of the Central Savannah River Area (CSRA) Business League, Inc.; and for other purposes.
HR 840. By Representatives Howard of the 124th, Sims of the 123rd, Frazier of the 126th, Smith of the 125th and Prince of the 127th:
A RESOLUTION commending Coach Otis L. Smart for his dedicated service to Lucy C. Laney High School; and for other purposes.
HR 841. By Representatives Werkheiser of the 157th, Yates of the 73rd, Petrea of the 166th, Hitchens of the 161st, Bryant of the 162nd and others:
A RESOLUTION commending Lamar Smith Signature Homes; and for other purposes.
HR 842. By Representatives Brooks of the 55th and Thomas of the 56th:
A RESOLUTION honoring the life and memory of Reverend Willie Barrow; 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:
HR 612. By Representatives Cooper of the 43rd, Randall of the 142nd, Clark of the 101st, Bennett of the 94th, Stephenson of the 90th and others:
A RESOLUTION creating the House Study Committee on Fibroids Education and Awareness; 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 E Allison
Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague
Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Y Harbin Y Harden Y Harrell
Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb
Meadows Y Mitchell Y Morris Y Mosby E Nimmer Y Nix E Oliver Y O'Neal Y Pak
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson
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Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton E Golick Y Gordon
Gravley Y Greene Y Hamilton
Y Holmes Houston
Y Howard Y Hugley E Jackson E Jacobs Y Jasperse Y Jones, J
Jones, J.B. Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Mayo Y McCall McClain
Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett
Quick Y Raffensperger N Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw E Sims
Y Stovall N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T E Teasley Y Thomas, A.M. E Thomas, E Y Trammell
Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E
Williamson Y Yates
Ralston, Speaker
On the adoption of the Resolution, the ayes were 145, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted.
House of Representatives Coverdell Legislative Office Building
Room 411 Atlanta, GA 30334
March 27, 2015
Bill Reilly, Clerk Office of the Clerk 309 State Capitol Atlanta, GA 30334
Dear Mr. Reilly:
I am writing to notify you that I was on the House floor on Friday, March 27, 2015 during the vote on House Resolution 612. I was unable to return to my seat in time to cast my vote.
FRIDAY, MARCH 27, 2015
3627
I would like to have my vote recorded in favor of HR 612. Thank you for your consideration with this matter.
Sincerely,
/s/ Jeff Jones House District 167
The Committee on Rules limited debate on the following Bill of the Senate. Pursuant to House Rule 33.3, debate was limited to no longer than one hour (inclusive of the opening and closing remarks). The time was allocated by the Speaker.
SB 139. By Senators Harper of the 7th, Mullis of the 53rd, Wilkinson of the 50th, Tolleson of the 20th, Sims of the 12th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide that any regulation regarding the use, disposition, or sale or any imposition of any prohibition, restriction, fee imposition, or taxation of auxiliary containers shall be done only by general law; to provide for legislative findings; to provide for a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide that any regulation regarding the use, disposition, or sale or any imposition of any prohibition, restriction, fee imposition, or taxation of auxiliary containers shall be done only by general law; to provide for legislative findings; to provide for a definition; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding a new article to read as follows:
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"ARTICLE 35
10-1-940. (a) The General Assembly finds that:
(1) Prudent regulation of auxiliary containers is crucial to the welfare of Georgia's economy; (2) Retail and food establishments are sensitive to the costs and regulation of auxiliary containers; and (3) If individual political subdivisions of the state regulate such auxiliary containers, there exists the potential for confusing and varying regulations which could lead to unnecessary increased costs for retail and food establishments to comply with such regulations. (b) As used in this Code section, the term 'auxiliary container' means reusable bags, disposable bags, boxes, cups, and bottles which are made of cloth, paper, plastic, extruded polystyrene, or similar materials which are designed for one-time use or for transporting merchandise or food from food and retail facilities. (c) Any regulation regarding the use, disposition, or sale or any imposition of any prohibition, restriction, fee imposition, or taxation of auxiliary containers at the retail, manufacturer, or distributor setting shall be done only by general law. (d) Nothing in this Code section shall be construed to prohibit or limit any county or municipal curbside recycling program, designated residential or commercial recycling locations, or commercial recycling program. (e) The provisions of subsection (c) of this Code section shall not apply to the use of auxiliary containers on a property owned by a county or municipality."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
N Abrams N Alexander E Allison
Anderson N Atwood Y Ballinger
Y Coomer Cooper
Y Corbett E Dawkins-Haigler Y Deffenbaugh N Dempsey
N Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson
N Meadows E Mitchell Y Morris N Mosby E Nimmer Y Nix
Smith, E Y Smith, L Y Smith, M N Smith, R
Smyre N Spencer
FRIDAY, MARCH 27, 2015
3629
N Barr N Battles E Beasley-Teague N Bell N Belton N Bennett N Bentley N Benton N Beskin N Beverly Y Broadrick N Brockway N Brooks N Bruce Y Bryant N Buckner Y Burns N Caldwell, J N Caldwell, M N Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V
Coleman Y Cooke
N Dickerson Dickey
Y Dickson Dollar
Y Douglas N Drenner Y Dudgeon Y Dukes E Dunahoo N Duncan N Ealum Y Efstration Y Ehrhart Y England
Epps N Evans N Fleming N Floyd N Fludd N Frazier N Frye N Gardner N Gasaway E Geisinger Y Glanton N Golick N Gordon N Gravley Y Greene Y Hamilton
Y Hightower N Hitchens N Holcomb Y Holmes Y Houston Y Howard N Hugley E Jackson Y Jacobs Y Jasperse
Jones, J N Jones, J.B. N Jones, L E Jones, S N Jordan N Kaiser Y Kelley
Kendrick N Kidd Y Kirby Y Knight Y LaRiccia N Lumsden N Mabra N Marin N Martin Y Maxwell
Mayo Y McCall N McClain
N Oliver Y O'Neal N Pak N Parrish Y Parsons Y Peake N Petrea N Pezold Y Powell, A N Powell, J N Prince Y Pruett N Quick N Raffensperger Y Rakestraw E Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Roberts N Rogers, C Y Rogers, T Y Rutledge Y Rynders
Scott N Setzler N Sharper Y Shaw E Sims
N Stephens, M Y Stephens, R N Stephenson N Stovall N Stover N Strickland Y Tankersley Y Tanner N Tarvin N Taylor, D Y Taylor, T N Teasley N Thomas, A.M. E Thomas, E N Trammell N Turner N Waites Y Watson N Welch
Weldon N Werkheiser N Wilkerson Y Wilkinson N Willard E Williams, A Y Williams, C Y Williams, E Y Williamson N Yates
Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 67, nays 85.
The Bill, having failed to receive the requisite constitutional majority, was lost.
SB 175. By Senators Black of the 8th, Wilkinson of the 50th and Ginn of the 47th:
A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to animal protection, so as to require inspection of certain animals entering into the 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 Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to animal protection, so as to require inspection of
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certain animals entering into the state; 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 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to animal protection, is amended by revising Code Section 411-11, relating to inspection requirements for animals shipped into the state, as follows:
"4-11-11. (a) It shall be unlawful for any person to ship or import any animal, other than equines, poultry, livestock, or birds, cold-blooded animals, and rodents, into this state for the purpose of resale unless such animal is accompanied by a U.S. interstate or international certificate of health an official interstate or international certificate of veterinary inspection. (b) In addition to the provisions of subsection (a) of this Code section, it shall be unlawful to ship or import into this state any other type of animal which the commissioner has determined poses a significant risk of disease to domestic animals or humans within this state unless such animal is accompanied by such certificate. The commissioner shall maintain on the department website a listing of all other types of animals determined to pose a significant risk of disease in accordance with this subsection. (c) No such certificate shall be required for poultry originating from flocks participating in the National Poultry Improvement Plan administered by the United States Department of Agriculture."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
An amendment by Representative Turner of the 21st was ruled out of order because it failed to meet the time requirement pursuant to Rule 33.2(b), requiring that amendments to legislation designated as Modified Open Rule be pre-printed and placed upon the desks one hour prior to debate.
The following amendment was read:
Representative Turner of the 21st offers the following amendment:
Amend the House Committee on Agriculture and Consumer Affairs substitute to SB 175 (LC 40 0933S) by replacing lines 12 and 13 with the following:
poultry, livestock, or birds, cold-blooded animals, and rodents, into this state for the purpose of resale unless such animal is accompanied by a U.S. interstate or international
FRIDAY, MARCH 27, 2015
3631
By replacing line 16 with the following: to ship or import into this state for the purpose of resale any other type of animal which the commissioner has
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Abrams N Alexander E Allison N Anderson N Atwood N Ballinger Y Barr N Battles E Beasley-Teague N Bell N Belton
Bennett N Bentley N Benton N Beskin N Beverly N Broadrick Y Brockway N Brooks N Bruce N Bryant N Buckner N Burns N Caldwell, J Y Caldwell, M Y Cantrell N Carson N Carter E Casas N Chandler N Cheokas N Clark, D Y Clark, H N Clark, V N Coleman Y Cooke
Y Coomer N Cooper N Corbett E Dawkins-Haigler N Deffenbaugh N Dempsey N Dickerson N Dickey N Dickson N Dollar
Douglas Y Drenner Y Dudgeon N Dukes E Dunahoo Y Duncan Y Ealum
Efstration N Ehrhart N England N Epps N Evans N Fleming N Floyd
Fludd N Frazier N Frye
Gardner N Gasaway E Geisinger N Glanton N Golick N Gordon Y Gravley N Greene N Hamilton
Harbin N Harden N Harrell N Hatchett N Hawkins Y Henson Y Hightower N Hitchens N Holcomb N Holmes N Houston E Howard N Hugley E Jackson N Jacobs N Jasperse
Jones, J N Jones, J.B. N Jones, L E Jones, S N Jordan N Kaiser Y Kelley N Kendrick N Kidd N Kirby N Knight N LaRiccia N Lumsden N Mabra N Marin N Martin N Maxwell
Mayo N McCall N McClain
N Meadows N Mitchell N Morris N Mosby E Nimmer N Nix N Oliver N O'Neal N Pak N Parrish N Parsons N Peake N Petrea Y Pezold
Powell, A N Powell, J N Prince N Pruett N Quick N Raffensperger N Rakestraw N Ramsey N Randall N Reeves N Rhodes N Rice N Roberts N Rogers, C N Rogers, T N Rutledge N Rynders N Scott
Setzler N Sharper N Shaw E Sims
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 Y Stover N Strickland N Tankersley N Tanner Y Tarvin N Taylor, D N Taylor, T N Teasley
Thomas, A.M. E Thomas, E N Trammell Y Turner N Waites N Watson N Welch N Weldon N Werkheiser N Wilkerson N Wilkinson N Willard E Williams, A N Williams, C N Williams, E N Williamson N Yates
Ralston, Speaker
On the adoption of the amendment, the ayes were 20, nays 135.
The amendment was lost.
The Committee substitute was adopted.
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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Anderson Y Atwood Y Ballinger N Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M N Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas N Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
N Coomer Y Cooper Y Corbett E 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson N Hightower Y Hitchens Y Holcomb Y Holmes Y Houston E Howard Y Hugley E Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby E Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw E Sims
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 N Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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 147, nays 15.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
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3633
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 253. By Representatives Ballinger of the 23rd, Benton of the 31st, Harrell of the 106th, Teasley of the 37th, Maxwell of the 17th and others:
A BILL to be entitled an Act to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to change certain provisions relating to requirements for the establishment and maintenance of a real estate appraisal management company; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 505. By Representatives Cooper of the 43rd, Ramsey of the 72nd, Bennett of the 94th, Gasaway of the 28th, Cheokas of the 138th and others:
A BILL to be entitled an Act to amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, relating to physical therapists, so as to revise various provisions regarding the licensure and regulation of physical therapists and physical therapy assistants; to revise definitions; to include additional powers of the State Board of Physical Therapy; to revise provisions regarding use of titles; to revise provisions regarding granting licenses and discipline of licensees; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 57. By Representatives Dudgeon of the 25th, Drenner of the 85th, Brockway of the 102nd, Geisinger of the 48th, Setzler of the 35th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 46 of the O.C.G.A., relating to the generation and distribution of electricity generally, so as to provide for financing of solar technology by retail electric customers for the generation of electric energy to be used on and by property owned or occupied by such customers or to be fed back to the electric service provider; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 259. By Representatives Rogers of the 10th, Dickey of the 140th, Coomer of the 14th, Nimmer of the 178th, Hatchett of the 150th and others:
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A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide an exemption from competitive bidding procedures; to increase the exemption threshold for competitive bidding procedures; to change a short title; to change a definition relative to small business assistance; to revise legislative intent; to provide for a short title; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 443. By Representatives Dempsey of the 13th, Yates of the 73rd, Coomer of the 14th, Atwood of the 179th, Meadows of the 5th 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 permit employers to create and use a policy that provides preferential hiring, promoting, or retention to veterans of the armed forces of the United States; to provide for definitions; to provide a short title; 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 FRIDAY, MARCH 27, 2015
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 38th Legislative Day as enumerated below:
DEBATE CALENDAR
Open Rule
None
Modified Open Rule
None
Modified Structured Rule
None
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3635
Structured Rule
SB 82
Motor Vehicles; distribution of alternative ad valorem tax proceeds; revise and change certain provisions (Substitute)(W&M-Rice-95th) Wilkinson50th
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 82.
By Senators Wilkinson of the 50th, Ginn of the 47th, Gooch of the 51st, Williams of the 19th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 40-2-152 of the Official Code of Georgia Annotated, relating to fees and alternative ad valorem taxation of apportionable vehicles, so as to revise and change certain provisions regarding the distribution of alternative ad valorem tax proceeds; 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 40-2-152 of the Official Code of Georgia Annotated, relating to fees and alternative ad valorem taxation of apportionable vehicles, so as to revise and change, for a limited period of time, certain provisions regarding the distribution of alternative ad valorem tax proceeds; to provide for automatic repeal; 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 change provisions relating to publication of notices of unclaimed property; to provide for the retention of administrative expenses; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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SECTION 1.
Code Section 40-2-152 of the Official Code of Georgia Annotated, relating to fees and alternative ad valorem taxation of apportionable vehicles, is amended by revising subsection (m) and adding a new subsection to read as follows:
"(m)(1) The alternative ad valorem tax imposed by this Code section shall be collected by the commissioner and shall be distributed annually from the separate, segregated fund not later than April August 1 of the calendar year immediately following the calendar year in which such taxes were paid to the commissioner, in the manner provided for in this subsection.
(2)(A) One percent of the alternative ad valorem tax collected by the commissioner shall be paid into the general fund of the state treasury in order to defray costs of administration. (B) Except for the amount provided in subparagraph (A) of this paragraph, the remaining proceeds of the alternative ad valorem tax shall be allocated by county based upon the ratio of the number of apportioned vehicles attributed by the commissioner on an annual basis to each county to the number of apportioned vehicles submitted to and approved by the commissioner statewide. The proceeds so allocated shall then be distributed to each qualified tax jurisdiction within the county based upon the ratio of the most recently submitted and approved tax digest for each such qualified tax jurisdiction to the total of all tax digests of qualified tax jurisdictions located in the county. Qualified jurisdictions include only counties, municipalities, county school districts, and independent school districts which levy or cause to be levied for their benefit a property tax on real and tangible personal property. (2) Each year, the distributions of alternative ad valorem tax proceeds under this subsection shall be based upon the immediately preceding year's tax digest of each participating tax authority submitted to and approved by the commissioner. If such digest has not been submitted and approved, the commissioner shall, for purposes of this subsection, utilize in its place the most recently submitted and approved tax digest of such participating tax jurisdiction. (3)(A) One percent of the alternative ad valorem tax collected by the commissioner shall be paid into the general fund of the state treasury in order to defray costs of administration. (B) Except for the amount provided in subparagraph (A) of this paragraph, the remaining proceeds of the alternative ad valorem tax shall be divided among each tax jurisdiction of this state. Such tax jurisdictions shall be limited to only a county, municipality, county school district, and independent school district which levies or causes to be levied for their benefit a property tax on real and tangible personal property. (C) The distribution shall be made according to the proportion that the amount of ad valorem taxes to be collected by a tax jurisdiction under the tax digest specified under paragraph (2) of this subsection bears to the total amount of ad valorem taxes
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to be collected for all purposes applicable to real and tangible personal property in this state for the immediately preceding calendar year. (n)(1) The provisions of subsection (m) of this Code section shall be suspended for the 2015, 2016, 2017, 2018, and 2019 tax years, and the provisions of this subsection shall apply during such period. This subsection shall stand repealed on January 1, 2020. (2) The alternative ad valorem tax imposed by this Code section shall be collected by the commissioner and shall be distributed annually from the separate, segregated fund not later than April 1 of the calendar year immediately following the calendar year in which such taxes were paid to the commissioner, in the manner provided for in this subsection. (3) Except as provided in paragraph (4) of this subsection, each year, the distributions of alternative ad valorem tax proceeds under this subsection shall be based upon the immediately preceding year's tax digest of each qualified tax authority submitted to and approved by the commissioner. If such digest has not been submitted and approved, the commissioner shall, for purposes of this subsection, utilize in its place the most recently submitted and approved tax digest of such qualified tax jurisdiction. (4)(A) One percent of the alternative ad valorem tax collected by the commissioner shall be paid into the general fund of the state treasury in order to defray costs of administration. (B) Except for the amount provided in subparagraph (A) of this paragraph, the remaining proceeds of the alternative ad valorem tax shall be divided among each qualified tax jurisdiction of this state. Such qualified tax jurisdictions shall be limited to only a county, municipality, county school district, and independent school district which levies or causes to be levied for their benefit a property tax on real and tangible personal property. The commissioner shall determine the amount of ad valorem tax on apportionable vehicles identified under subsections (a), (b), and (c) of this Code section that was received by each qualified tax jurisdiction for the 2013 tax year. Such amount shall represent the benchmark amount for such qualified tax jurisdiction:
(i) For the 2015 tax year, each qualified tax jurisdiction shall receive an amount of alternative ad valorem tax revenue equal to such benchmark amount; (ii) For the 2016 tax year, each qualified tax jurisdiction shall receive an amount of alternative ad valorem tax revenue equal to 80 percent of such benchmark amount; (iii) For the 2017 tax year, each qualified tax jurisdiction shall receive an amount of alternative ad valorem tax revenue equal to 60 percent of such benchmark amount; (iv) For the 2018 tax year, each qualified tax jurisdiction shall receive an amount of alternative ad valorem tax revenue equal to 40 percent of such benchmark amount;
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(v) For the 2019 tax year, each qualified tax jurisdiction shall receive an amount of alternative ad valorem tax revenue equal to 20 percent of such benchmark amount; and (vi) For all tax years beginning on or after January 1, 2020, each qualified tax jurisdiction shall receive the amount of alternative ad valorem tax revenue determined pursuant to subsection (m) of this Code section. (C) In the event that the amount of ad valorem tax on apportionable vehicles collected in a tax year covered under this subsection is less than the benchmark amount, then the benchmark distribution of each qualified tax jurisdiction for such tax year shall be reduced proportionately to reflect the amount of such shortfall. In the event a qualified tax jurisdiction ceases to be a qualified tax jurisdiction, it shall not be entitled to receive a distribution of either the benchmark amount under this subparagraph or the remaining distribution amount under subparagraph (D) of this paragraph. (D) When a qualified tax jurisdiction has received an amount equal to the prorated benchmark amount pursuant to subparagraph (B) of this paragraph for the applicable tax year, any funds remaining with the commissioner shall be distributed in accordance with the formula contained in subparagraph (m)(2)(B) of this Code section."
SECTION 2. Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, is amended by revising Code Section 44-12-215, relating to publication of the "Georgia Unclaimed Property List," as follows:
"44-12-215. (a) The commissioner shall cause to be published electronically publish notice of the reports filed under Code Section 44-12-214, once a year in a newspaper of general circulation on the Department of Revenue's website. (b) The published notice shall be entitled the 'Georgia Unclaimed Property List' and shall contain the names in alphabetical order and the internal identification number of persons listed in the report and entitled to notice within the county as provided in Code Section 44-12-214. (c) The notice shall contain a statement that information concerning the amount or description of the property and the name of the holder may be obtained by any persons possessing an interest in the property by addressing an inquiry to the commissioner. (d) The commissioner is shall not be required to publish in such notice any item with a value of less than $50.00 unless he the commissioner deems such publication to be in the public interest."
SECTION 3. Said article is further amended by revising Code Section 44-12-218, relating to disposition of funds received under article, as follows:
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"44-12-218. All funds received under this article, including the proceeds from the sale of abandoned property under Code Section 44-12-217, shall forthwith be deposited by the commissioner in the general fund; provided, however, that the commissioner may deduct moneys necessary to cover the direct administrative expenses required to identify, locate, secure, and transmit abandoned property prior to depositing such funds. Before making a deposit he or she shall record the name and last known address of each person appearing from the holders' reports to be entitled to the abandoned property and of the name and last known address of each insured person or annuitant and, with respect to each policy or contract listed in the report of an insurance corporation, its number, the name of the corporation, and the amount due."
SECTION 4. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 1 of this Act shall apply to all disbursements which occur after the effective date of this Act.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant
Y Coomer Y Cooper Y Corbett E 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 Ealum Y Efstration Y Ehrhart Y England Y Epps
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston E Howard Y Hugley E Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S Y Jordan
Y Meadows Y Mitchell Y Morris Y Mosby E Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, E Y Trammell
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Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Kaiser Y Kelley Y Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain
Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw E Sims
Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Rice of the 95th asked unanimous consent that SB 82 be immediately transmitted to the Senate.
It was so ordered.
SB 69.
By Senators Hill of the 32nd, Thompson of the 14th, Beach of the 21st, Hill of the 6th and Harper of the 7th:
A BILL to be entitled an Act to amend Part 3 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the State Defense Force, so as to remove restrictions regarding the rights of public officers and employees to be absent for service on the State Defense Force and regarding reemployment rights of persons after service on the State Defense Force; 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
N Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Henson
Y Meadows Y Mitchell Y Morris Y Mosby E Nimmer Y Nix
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer
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3641
Y Barr Y Battles E Beasley-Teague Y Bell N Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce
Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Hightower Y Hitchens Y Holcomb Y Holmes Y Houston E Howard Y Hugley E Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd E Kirby Y Knight Y LaRiccia
Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain
Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw E Sims
Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D N Taylor, T Y Teasley Y Thomas, A.M. E Thomas, E Y Trammell Y Turner Y Waites
Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E
Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 154, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 153. By Representatives Weldon of the 3rd, Willard of the 51st, Reeves of the 34th, Kelley of the 16th, Oliver of the 82nd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, so as to provide for a civil action for damages; to provide for related matters; to repeal conflicting laws; and for other purposes.
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HB 313. By Representatives Dickey of the 140th, Nimmer of the 178th, Coomer of the 14th, Mayo of the 84th and Howard of the 124th:
A BILL to be entitled an Act to amend Article 2 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to leaves of absence for certain public employees, so as to authorize the application for limited paid leave for the purpose of promoting education in this state; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 278. By Representatives Clark of the 98th, Pruett of the 149th, Barr of the 103rd, Jones of the 167th, Cantrell of the 22nd and others:
A BILL to be entitled an Act to amend Chapter 22 of Title 45 of the Official Code of Georgia Annotated, the "Public Employee Hazardous Chemical Protection and Right to Know Act of 1988," so as to transfer responsibility under such chapter to the Safety Fire Commissioner; to define certain terms; to provide for rules and regulations; to provide for the provision of certain information relative to hazardous materials to the commissioner; to provide for grievances and judicial review; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 310. By Representatives Powell of the 32nd, Coomer of the 14th, Nimmer of the 178th, Rogers of the 10th, Dickey of the 140th and others:
A BILL to be entitled an Act to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions; to amend Titles 15, 16, 17, 19, 20, 21, 34, 35, 37, 40, 42, 43, 45, 48, and 49 of the O.C.G.A., relating to courts, crimes and offenses, criminal procedure, domestic relations, education, elections, labor and industrial relations, law enforcement officers and agencies, mental health, motor vehicles and traffic, penal institutions, professions and businesses, public officers and employees, revenue and taxation, and social services, respectively, so as to conform provisions to the new Chapter 3 of Title 42; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
HB 314. By Representatives Tankersley of the 160th and Rynders of the 152nd:
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 combine
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the State Board of Barbers and State Board of Cosmetology; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 4.
By Senators Gooch of the 51st, Williams of the 19th, Mullis of the 53rd, Orrock of the 36th, Ginn of the 47th and others:
A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, relating to urban redevelopment for counties and municipal corporations, so as to provide for the use of surface transportation projects in urban redevelopment areas; to provide for definitions; to provide for public contracts with private enterprises for the completion of surface transportation projects; to provide for methods of procurement for surface transportation projects in urban redevelopment areas; to provide for limitations on former public employees when negotiating contracts for surface transportation projects; 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 61 of Title 36 of the Official Code of Georgia Annotated, relating to urban redevelopment for counties and municipal corporations, so as to provide for the use of surface transportation projects in urban redevelopment areas; to provide for definitions; to provide for public contracts with private enterprises for the completion of surface transportation projects; to provide for methods of procurement for surface transportation projects in urban redevelopment areas; to provide for utility relocation costs associated with certain surface transportation projects; to provide for limitations on former public employees when negotiating contracts for surface transportation projects; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for the formation of a metropolitan planning process for the Atlanta Urbanized Area and Atlanta Air Quality region; 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 61 of Title 36 of the Official Code of Georgia Annotated, relating to urban redevelopment for counties and municipal corporations, is amended by revising
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paragraphs (17) and (19) through (22) and adding two new paragraphs to Code Section 36-61-2, relating to definitions, as follows:
"(17) 'Rehabilitation' or 'conservation' may include the restoration and redevelopment of a slum area or portion thereof, in accordance with an urban redevelopment plan, by:
(A) Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements; (B) Acquisition of real property and rehabilitation or demolition and removal of buildings and improvements thereon where necessary to eliminate unhealthful, unsanitary, or unsafe conditions, to lessen or increase density, to reduce traffic hazards, to eliminate obsolete or other uses detrimental to the public welfare, to otherwise remove or prevent the spread of slums or deterioration, or to provide land for needed public facilities or improvements, including, but not limited to, surface transportation projects; (C) Installation, construction, or reconstruction of streets, transit facilities and improvements, sidewalks, streetscapes, trails, bicycle facilities, utilities, parks, playgrounds, and other improvements necessary for carrying out in the area the urban redevelopment provisions of this chapter; and (D) The disposition of any property acquired in such urban redevelopment area, including sale, initial leasing or retention by the municipality or county itself, at its fair value for uses in accordance with the urban redevelopment plan." "(19) 'Slum clearance and redevelopment' may include: (A) Acquisition of a slum area or portion thereof; (B) Rehabilitation or demolition and removal of buildings and improvements; (C) Installation, construction, or reconstruction of streets, transit facilities, sidewalks, streetscapes, trails, bicycle facilities, utilities, parks, playgrounds, and other public facilities and improvements necessary for carrying out in the area the urban redevelopment provisions of this chapter in accordance with the urban redevelopment plan; and (D) Making the land available for development or redevelopment by private enterprise or public agencies (including sale, initial leasing, or retention by the municipality or county itself) at its fair value for uses in accordance with the urban redevelopment plan. (20) 'Sponsoring local government' means the municipality or county which approves and is, directly or indirectly, providing the greatest percentage of the public funding, exclusive of federal funding, for a surface transportation project. (21) 'Surface transportation project' means a project for public improvement and any related public facilities which is planned to impact 10,000 or more acres and at least ten transit miles within the area of operation of the sponsoring local government, including any related facilities, systems, parks, trails, streets, greenspace, and any other integrated public or private development features included within any adopted infrastructure or transportation plan, urban redevelopment plan, strategic implementation plan, redevelopment plan, workable programs, or comprehensive
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plans. Surface transportation projects may be undertaken under this chapter in areas proximate to, but lying outside of, a designated urban redevelopment area, without regard to any requirement that the area be a blighted area, but only within the territorial limits of the sponsoring local government, provided that:
(A) The majority of the applicable surface transportation project is located within one or more urban redevelopment areas; (B) The elements of such surface transportation project lying outside of one or more urban redevelopment areas are a functional component of a redevelopment plan authorized under the provisions of Chapter 44 of this title or a comprehensive development plan adopted in accordance with the rules of the Department of Community Affairs under Chapter 8 of Title 50; (C) The sponsoring local government determines that the elements of the surface transportation project lying outside of one or more urban redevelopment areas are essential to the full implementation of such project, which legislative determination shall be deemed conclusive; and (D) The location of such surface transportation project is wholly within a county or counties that have approved a referendum pursuant to Section 24 of an Act creating the Metropolitan Atlanta Rapid Transit Authority, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended. (22) 'Urban redevelopment area' means a slum area which the local governing body designates as appropriate for an urban redevelopment project. (21)(23) 'Urban redevelopment plan' means a plan, as it exists from time to time, for an urban redevelopment project, which plan shall: (A) Conform to the general plan for the municipality or county as a whole; and (B) Be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban redevelopment area; zoning and planning changes, if any; land uses; maximum densities; building requirements; and the plan's relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements. (22)(24) 'Urban redevelopment project' may include undertakings or activities of a municipality or county in an urban redevelopment area for the elimination and for the prevention of the development or spread of slums and may involve slum clearance and redevelopment in an urban redevelopment area, rehabilitation or conservation in an urban redevelopment area, the implementation of public improvements, including, but not limited to, surface transportation projects, or any combination or part thereof, in accordance with an urban redevelopment plan. Although the power of eminent domain may not be exercised for such the following purposes, such undertakings or activities may include: (A) Acquisition, without regard to any requirement that the area be a slum or blighted area, of air rights in an area consisting of lands and highways, railway or subway tracks, bridge or tunnel entrances, or other similar facilities which have a
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blighting influence on the surrounding area and over which air rights sites are to be developed for the elimination of such blighting influences and for the provision of housing and related facilities and uses designed for, and limited primarily to, families and individuals of low or moderate income; and (B) Construction of foundations and platforms necessary for the provision of air rights sites of housing and related facilities and uses designed for, and limited primarily to, families and individuals of low or moderate income or construction of foundations necessary for the provision of air rights sites for development of nonresidential facilities."
SECTION 2. Said chapter is further amended by revising Code Section 36-61-4, relating to the encouragement of private enterprise in urban redevelopment, as follows:
"36-61-4. (a) A municipality or county, to the greatest extent it determines to be feasible in carrying out the provisions of this chapter, shall afford maximum opportunity, consistent with the sound needs of the municipality or county as a whole, to the rehabilitation or redevelopment of the urban redevelopment area by private enterprise. A municipality or county shall give consideration to this objective in exercising its powers under this chapter, including: the formulation of a workable program; the approval of urban redevelopment plans consistent with the general plan for the municipality or county; the adoption and enforcement of ordinances as provided for in Code Section 36-61-11; the exercise of its zoning powers; the enforcement of other laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements; the disposition of any property acquired; and the provision of necessary public improvements. (b) Notwithstanding anything in this chapter or other provisions of law to the contrary, and in order to give effect to the encouragement of private enterprise contemplated in this Code section, the following shall apply to contracts and agreements for surface transportation projects entered into pursuant to this chapter:
(1) In addition to other methods of procurement authorized by law, the sponsoring local government, urban redevelopment agency, or other governing body shall be authorized to utilize the procedures of this chapter to provide for the planning, design, finance, construction, acquisition, leasing, operation, and maintenance of surface transportation projects. The provisions of this chapter shall be an alternative to such other methods to be exercised at the option of each sponsoring local government or public body; (2) One or more public bodies may participate in the consideration and implementation of a surface transportation project at the discretion of the sponsoring local government. Where more than one public body agrees to participate in the consideration or implementation of a surface transportation project, the participants may designate one or more representatives of each such participating public body, as agreed to by the sponsoring local government or the urban redevelopment agency;
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(3)(A) An urban redevelopment agency designated by the sponsoring local government may evaluate a project to determine the appropriate or desirable levels of public and private participation in planning, designing, financing, constructing, operating, maintaining, or facilitating, or any combination thereof, for the execution of such project. Such urban redevelopment agency may designate a public nonprofit, private corporation, body, or entity to perform this function and to otherwise perform the activities contemplated in this Code section. (B) A sponsoring local government or an urban redevelopment agency shall be authorized to issue, individually or in sequenced stages, written requests for expressions of interest, qualifications, or proposals, or any combination thereof, or other similar methods of procurement or solicitation. Such requests shall indicate the scope of the project, the proposed public and private financial participation in the project, including, but not limited to, the rights, responsibilities, obligations, revenue sharing features, any lease, license, availability or other payment rights, and any other allocations of interests and federal and state income tax benefits in respect of real and personal property relating to a project. Such requests shall include the factors to be used in evaluating responses, the relative importance of any applicable evaluation factors, and other contractual terms and conditions expected, including any unique capabilities or qualifications that will be required of respondents, as determined in the sole discretion of the designated representative of the sponsoring local government. Public notice of such requests shall be made at least 30 days prior to the date set for the release of said request by posting a legal notice on the websites and weekly in the legal organ of the sponsoring local government and the public body implementing the project, in substantially the same manner utilized by such public bodies in order to solicit requests for proposals, with a copy of such notice provided simultaneously to each affected public body.
(C)(i) The public body implementing the project and the sponsoring local government, with the participation of any designated representatives of other participating public bodies as determined by the sponsoring local government, may engage in individual discussions and interviews with each respondent deemed fully qualified, responsible, and suitable on the basis of initial responses and with emphasis on professional competence and ability to meet the level of private financial participation as called for in such request. Repetitive interviews may be conducted. Any such interviews shall be deemed to be a part of the procurement process.
(ii)(I) At the conclusion of the final stage, on the basis of evaluation factors published in the request and all information developed in the selection process, the public body implementing the surface transportation project, in an open and public meeting subject to the provisions of Chapter 14 of Title 50, shall rank the proposals in accordance with the factors set forth in the request for proposal or invitation for bids. (II) After ranking the proposals, the public body implementing the project shall begin negotiations with the first ranked private entity. If such public body and
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first ranked private entity do not reach a comprehensive agreement or interim agreement, such public body may conduct negotiations with the next ranked private entity. Such process shall continue until such public body either voluntarily abandons the process or executes a comprehensive agreement or interim agreement with a private entity. Negotiations conducted with one or more selected respondent pursuant to this Code section shall continue to be deemed an active procurement until the execution of the final, definitive agreement with the selected respondent or respondents. (iii) The public body implementing the project shall select for approval the respondent offering the most satisfactory and advantageous contract terms for the project based upon a thorough assessment of any one or more of the following: experience and reputation with similar projects; engineering and design quality; value; projected savings during, before, or after construction; and the ability of the final project's characteristics to meet the goals of the sponsoring local government, consistent with applicable plans and programs. The fair market value of any property included as a part of the procurement may be based on the consideration of the above factors, but it shall not be less than the initial cost to obtain the property. Before making such selection, the designated representative shall consult in an open and public meeting subject to the provisions of Chapter 14 of Title 50 with the representatives of any participating local governing authority, participating local authority, participating state agency, department, or authority, and affected local government. Notwithstanding the foregoing, if the terms and conditions for multiple awards are included in the request, the implementing public body may award contracts to more than one respondent. Should the implementing public body determine in writing that only one respondent is fully qualified, or that one respondent is clearly more highly qualified and suitable than the other respondents under consideration, a contract may be negotiated and awarded to that respondent. (iv) Upon approval of the selection by the implementing public body, a contract or contracts not exceeding 50 years in duration may be entered into by the urban redevelopment agency or any one or more of the participating public bodies and the selected respondent or respondents. The private financial data or financial plans which qualify as trade secrets pursuant to Code Section 10-1-761 and paragraph (34) of subsection (a) of Code Section 50-18-72 provided by the respondents shall remain exempt from Code Section 50-18-72 during and after the conclusion of the related selection process. (D) A dispute over the award of a contract under this chapter shall be resolved by the filing of a petition in the superior court of the county in which the sponsoring local government is located within 30 days of the awarding of such contract and shall be determined through the use of a special master appointed by the judge of the superior court of the county in which the sponsoring local government is located. The special master shall not be authorized to enjoin or otherwise delay or suspend the execution of the contract and any work to be performed under such
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contract. The decision of the special master with regard to such dispute shall be appealable for a de novo review to the superior court of the county in which the sponsoring local government is located within 30 days following the decision of the special master. (E) Nothing in this chapter shall require the designated representatives, the sponsoring local government, the implementing public body, or any participating public body to continue negotiations or discussions arising out of any request or any other procurement initiated under the provisions of this Code section. (F) Every public body shall be authorized to promulgate reasonable rules and regulations to assist in its evaluation of responses and to implement the purposes of this chapter; provided, however, that unsolicited proposals shall not be permitted; (4) No public officer, employee, or member of any participating public body, with respect to contracts of such public body, or the General Assembly shall serve as an agent, lobbyist, or board member for any private entity directly or indirectly under a contract or negotiating a contract provided for by this chapter for one year after leaving his or her position as a public officer, employee, or member of the public body or the General Assembly; (5) Contracts entered into with a private enterprise in respect to the design, construction, operation, financing, or management of the public components of a surface transportation project shall not constitute the acquisition of property for a private use, nor shall such contracts be deemed a sale, lease, or other disposition of the related interests in property under any provisions of this chapter or other provision of applicable law, and such public components of a surface transportation project shall be deemed a public use for all purposes under applicable provisions of law, including, without limitation, Code Sections 36-61-9 and 36-61-10; and (6) If a surface transportation project requires the relocation of a utility, as defined by paragraph (30) of Code Section 32-1-3, the public body implementing such project shall bear the costs to relocate the utility. (c) Nothing in this Code section shall be construed to modify, amend, or supercede a provision in a franchise agreement or limit any statutory or common law rights relating to liability for relocation costs of utilities as such term is defined in paragraph (30) of Code Section 32-1-3."
SECTION 3. Said chapter is further amended by revising Code Section 36-61-6, relating to formulation of a workable program for urban redevelopment, as follows:
"36-61-6. For the purposes of this chapter, a municipality or county may formulate a workable program for utilizing appropriate private and public resources including those specified in Code Section 36-61-11, to eliminate and prevent the development or spread of slums, to encourage needed urban rehabilitation, to provide for the redevelopment of slum areas, or to undertake such of the aforesaid activities or such other feasible municipal or county activities as may be suitably employed to achieve the objectives of
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such workable program. Such workable program may include, without limitation, provision for the prevention of the spread of slums into areas of the municipality or county which are free from slums, through diligent enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or conservation of slum areas or portions thereof by replanting, removing congestion, providing parks, playgrounds, and other public improvements, including without limitation surface transportation projects, encouraging voluntary rehabilitation, and compelling the repair and rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of slum areas or portions thereof."
SECTION 4. Said chapter is further amended by revising paragraph (1) of subsection (b) of Code Section 36-61-10, relating to the disposal of property in a redevelopment area, as follows:
"(b)(1) A municipality or county may dispose of real property in an urban redevelopment area to private persons only under such reasonable competitive bidding procedures as it shall prescribe, or as are provided in this subsection or, solely with respect to and for the benefit of advancing surface transportation projects, as provided in Code Section 36-61-4. A municipality or county, by public notice by publication once each week for two consecutive weeks in a newspaper having a general circulation in the community, prior to the execution of any contract to sell, lease, or otherwise transfer real property and prior to the delivery of any instrument of conveyance with respect thereto under this Code section, may invite proposals from and make available all pertinent information to private redevelopers or any persons interested in undertaking to redevelop or rehabilitate an urban redevelopment area or any part thereof. The notice shall identify the area or portion thereof and shall state that such further information as is available may be obtained at such office as shall be designated in the notice. The municipality or county shall consider all such redevelopment or rehabilitation proposals and the financial and legal ability of the persons making such proposals to carry them out and may negotiate with any persons for proposals for the purchase, lease, or other transfer of any real property acquired by the municipality or county in the urban redevelopment area. The municipality or county may accept such proposal as it deems to be in the public interest and in furtherance of the purposes of this chapter. The municipality or county may execute contracts in accordance with subsection (a) of this Code section and deliver deeds, leases, and other instruments and take all steps necessary to effectuate such contracts."
SECTION 5. Said chapter is further amended by revising Code Section 36-61-12, relating to the issuance of bonds for urban redevelopment projects, as follows:
"36-61-12. (a) A municipality or county shall have power to issue bonds, in its discretion, from time to time, to finance the undertaking of any urban redevelopment project under this
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chapter, including, without limiting the generality thereof, the payment of principal and interest upon any advances for surveys and plans for urban redevelopment projects and shall also have power to issue refunding bonds for the payment of retirement of such bonds previously issued by it. Such bonds shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues, and funds of the municipality or county derived from or held in connection with its undertaking and carrying out of urban redevelopment projects under this chapter; provided, however, that payment of such bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant, or contribution from the federal government or other source, in aid of any urban redevelopment projects of the municipality or county under this chapter, and by a mortgage of any such urban redevelopment projects or any part thereof, title to which is in the municipality or, county, or redevelopment agency. (b) Bonds issued under this Code section shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction and shall not be subject to the provisions of any other law or charter relating to the authorization, issuance, or sale of bonds. Bonds issued under this chapter are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes. (c) Bonds issued under this Code section shall be authorized by resolution or ordinance of the local governing body. They may be issued in one or more series and shall bear such date or dates, be payable upon demand or mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, be subject to such terms of redemption (with or without premium), be secured in such manner, and have such other characteristics as may be provided by the resolution of the local governing body or by the trust indenture or mortgage issued pursuant thereto. (d) Such bonds may be sold at not less than par at public sales held after notice published prior to such sales in a newspaper having a general circulation in the area of operation and in such other medium of publication as the municipality or county may determine or may be exchanged for other bonds on the basis of par. Such bonds may be sold to the federal government or to an institution insured by an agency of the federal government at private sale at not less than par and, in the event that less than all of the authorized principal amount of such bonds is sold to the federal government or to an institution insured by an agency of the federal government, the balance may be sold at private sale at not less than par at an interest cost to the municipality or county, such cost not to exceed the interest cost to the municipality or county of the portion of the bonds sold to the federal government or to an institution insured by an agency of the federal government. All revenue bonds, but not notes or other obligations, issued under this Code section shall be issued and validated under and in accordance with the procedure set forth in Article 3 of Chapter 82 of this title. The provisions of any resolution or ordinance authorizing the issuance of bonds under this Code section shall
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be a contract with every holder of such bonds and enforceable by any bondholder by mandamus or other appropriate action or proceeding at law or in equity. (e) If any of the public officials of the municipality or county whose signatures appear on any bonds or coupons issued under this chapter cease to be such officials before the delivery of the bonds, such signatures, nevertheless, shall be valid and sufficient for all purposes, the same as if the officials had remained in office until the delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this chapter shall be fully negotiable. (f) In any suit, action, or proceeding involving the validity or enforceability of any bond issued under this chapter or the security therefor, any such bond reciting in substance that it has been issued by the municipality or county in connection with an urban redevelopment project, as defined in paragraph (22)(24) of Code Section 36-612, shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located, and carried out in accordance with this chapter. (g) Any urban redevelopment agency or housing authority which a municipality or county has elected to exercise powers under Code Section 36-61-17 may also issue bonds, as provided in this Code section, in the same manner as a municipality or county, except that such bonds shall be authorized and the terms and conditions thereof shall be prescribed by the commissioners of such urban redevelopment agency or housing authority in lieu of the local governing body."
SECTION 6. Said chapter is further amended by revising subsection (b) of Code Section 36-61-14, related to property exempt from taxes and from levy and sale by virtue of an execution, as follows:
"(b) The property of a municipality, or county, or any other public body, acquired or held for the purpose of this chapter, is declared to be public property used for essential public and governmental purposes and such property shall be exempt from all taxes of the municipality, the county, the state, or any political subdivision thereof. Such tax exemption shall terminate when the municipality or county sells, leases, or otherwise disposes of property in an urban redevelopment area to a purchaser or lessee who or which is not a public body."
SECTION 7. Said chapter is further amended by revising subsection (a) of Code Section 36-61-16, relating to cooperation by public bodies, as follows:
"(a) For the purpose of aiding in the planning, undertaking, or carrying out of an urban redevelopment project located within the area in which it is authorized to act, any public body, upon such terms, with or without consideration, as it may determine, may:
(1) Dedicate, sell, convey, or lease any of its interest in any property or grant easements, licenses, or other rights or privileges therein to a municipality or county;
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(2) Incur the entire expense of any public improvements made by such public body in exercising the powers granted in this Code section; (3) Do any and all things necessary to aid or cooperate in the planning or carrying out of an urban redevelopment plan; (4) Lend, grant, or contribute funds to a municipality or county; (5) Enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary) with a municipality or county or other public body respecting action to be taken pursuant to any of the powers granted by this chapter, including the furnishing of funds or other assistance in connection with an urban redevelopment project and other provisions allocating legal responsibility for matters arising under or in connection with transactions entered into pursuant to Code Section 36-61-4; and (6) Cause public buildings and public facilities, including parks, trails, greenspace, playgrounds, recreational, community, education, transit, water, sewer, or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished; furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or replan streets, roads, sidewalks, ways, or other places; plan, replan, zone, or rezone any part of the public body or make exceptions from building regulations; and cause administrative and other services to be furnished to the municipality or county. If at any time title to or possession of any urban redevelopment project is held by any public body or governmental agency, other than the municipality or county, which is authorized by law to engage in the undertaking, carrying out, or administration of urban redevelopment projects, including any agency or instrumentality of the United States of America, the provisions of the agreements referred to in this subsection shall inure to the benefit of and may be enforced by such public body or governmental agency. As used in this subsection, the terms 'municipality' and 'county' shall also include an urban redevelopment agency or a housing authority vested with all of the urban redevelopment project powers pursuant to Code Section 36-61-17."
SECTION 8. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by adding a new article to read as follows:
"ARTICLE 12
50-8-280. (a) Contiguous local governments within which lie designated portions of the Atlanta Urbanized Area, as defined in 23 U.S.C. Section 101(a)(37), or air quality nonattainment areas, as identified under the federal Clean Air Act, 42 U.S.C. Section 7401, et seq., shall participate in a metropolitan transportation planning process through a metropolitan planning organization established by one or more units of government,
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or through a metropolitan planning process established through their area regional commission. (b) The metropolitan transportation and air quality planning area for each regional commission established pursuant to Code Section 50-8-32 and metropolitan area planning and development commission established pursuant to Code Section 50-8-82 shall be defined by paragraph (1) of subsection (f) of Code Section 50-8-4. (c) Any unit of government that is participating as a limited member of a metropolitan area planning and development commission for transportation purposes and is located outside the planning area defined by paragraph (1) of subsection (f) of Code Section 508-4 shall be authorized, on or after July 1, 2015, to designate the local area regional commission to serve as the metropolitan planning organization. (d) Any unit of government that is not participating as a limited member of a metropolitan area planning and development commission for transportation purposes shall continue to perform metropolitan planning in accordance with 23 U.S.C. Section 134. (e) Regional commissions and metropolitan area planning and development commissions shall be provided funding by the appropriate state and regional entities to develop a comprehensive transportation and air quality plan for affected local governments within the Atlanta Urbanized Area as defined by the United States Census Bureau and further defined by paragraph (1) of subsection (f) of Code Section 50-8-4. (f) Each regional commission established pursuant to Code Section 50-8-32 and metropolitan area planning and development commission established pursuant to Code Section 50-8-82 shall establish a policy board that shall govern the transportation and air quality planning process for all affected areas, approve plans, and have equal voting representation from affected local governments. (g) In the event of any conflict between the provisions of law governing metropolitan planning and development commissions and those governing regional commissions, the laws defined in this Code section shall control and shall govern the metropolitan transportation planning area funding and planning responsibilities."
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Hamilton of the 24th offers the following amendment:
Amend the House Committee on Transportation substitute to SB 4 (LC 39 1047S) by adding a quotation mark at the end of line 251 and by deleting lines 252 through 255.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
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Y Abrams Y Alexander E Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton
Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce
Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H N Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans E Fleming N Floyd N Fludd Y Frazier Y Frye
Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley N Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston E Howard Y Hugley E Jackson N Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin
Martin Y Maxwell
Mayo Y McCall Y McClain
Y Meadows N Mitchell
Morris Y Mosby E Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw
Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw E Sims
Y Smith, E E 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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, E Y Trammell Y Turner Y Waites Y Watson N Welch
Weldon Y Werkheiser Y Wilkerson Y Wilkinson N Willard E Williams, A Y Williams, C Y Williams, E Y Williamson
Yates Ralston, Speaker
On the adoption of the amendment, the ayes were 140, nays 11.
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:
Y Abrams N Alexander E Allison
N Coomer Y Cooper Y Corbett
Y Harbin Y Harden Y Harrell
Y Meadows Y Mitchell Y Morris
Y Smith, E E Smith, L Y Smith, M
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N Anderson Y Atwood Y Ballinger N Barr Y Battles E Beasley-Teague N Bell Y Belton Y Bennett Y Bentley N Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H N Clark, V Y Coleman Y Cooke
E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon N Dukes E Dunahoo Y Duncan N Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans E Fleming N Floyd N Fludd Y Frazier N Frye N Gardner N Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley N Greene Y Hamilton
Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston E Howard Y Hugley E Jackson N Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin N Martin Y Maxwell
Mayo Y McCall Y McClain
Y Mosby E Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw
Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts N Rogers, C Y Rogers, T N Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw E Sims
Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, E N Trammell Y Turner Y Waites Y Watson N Welch N Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard E 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 130, nays 29.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
SB 63.
By Senators Hill of the 6th, Gooch of the 51st, Albers of the 56th, Bethel of the 54th, Ginn of the 47th and others:
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 provide for manufacturers of malt beverages to make limited retail sales of malt beverages under certain circumstances; to change the definition of a "brewpub"; to provide for licensed brewpubs to sell malt beverages manufactured on its premises to the public for off-premises consumption; to define the term "tasting room"; to provide for legislative intent; to create a limited exception to the three-tier distribution system so as to allow licensed
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malt beverage manufacturers to sell limited amounts of malt beverages directly to the public for on-premises and off-premises consumption; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for manufacturers of certain alcoholic beverages to provide to the public certain quantities and types of such beverages produced by such manufacturer for consumption on and off the premises; to change and provide for certain definitions; to provide for the powers and duties of the state revenue commissioner as to the denial, suspension, or cancellations of permits; to change certain provisions related to penalties; to change certain provisions relating to the number of samples of distilled spirits that may be provided to a person in a calendar day; to provide for the payment of certain taxes by distillers; to provide for the issuance of tour permits to distiller; to provide for the conditions under which distillery tours may be conducted; to allow certain merchandise to be offered to the public by a distiller; to provide for rules and regulations by the Department of Revenue; to provide for a brewpub to sell or otherwise provide certain types and quantities of malt beverages manufactured on its premises for consumption on the premises; to allow brewers to provide limited amounts of malt beverages directly to the public as a part of educational and promotional brewery tours; to authorize a brewer to provide free souvenirs; to change certain provisions related to the provision of tours by brewers; to provide for the payment of certain taxes by brewers; to provide for the conditions under which brewery tours may be conducted; to allow certain merchandise to be offered to the public by a brewer; 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 (3) of Code Section 3-1-2, relating to definitions, as follows:
"(3) 'Brewpub' means any eating establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in Code Section 3-5-36 for retail consumption on the premises and solely in draft form. As used in this paragraph, the term 'eating establishment' means an establishment which is licensed to sell distilled spirits, beer, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the
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sale of prepared meals or food; provided, however, that when determining the total annual gross food and beverage sales, barrels of beer malt beverages sold to licensed wholesale dealers for distribution to retailers and retail consumption dealers, as authorized pursuant to subparagraph (C) (D) of paragraph (2) of Code Section 3-5-36, or to the public for consumption off the premises, as authorized pursuant to subparagraph (D) of paragraph (2) and paragraph (4) of Code Section 3-5-36, shall not be used when determining the total annual gross food and beverage sales."
SECTION 2. Said title is further amended by revising Code Section 3-2-3, relating to the powers and duties of commissioner as to denial, suspension, or cancellation of licenses and promulgation of rules and regulations as to conversion of standards of measurement to English system and labeling of distilled spirits, as follows:
"3-2-3. In addition to his or her other duties and responsibilities to administer this title, the commissioner may:
(1) Deny, suspend, or cancel any license or permit required under this title if: (A) The license application is not filed in good faith or is filed by some person as a subterfuge for any other person; (B) Any applicant for a license or permit or any licensee or permit holder under this title willfully fails to comply with any provisions of this title or with rules and regulations adopted by the commissioner; or (C) Any person to whom a license or permit has been issued is no longer engaged in the dealing of alcoholic beverages or no longer qualifies as a licensee or permit holder under this title.
Before any denial, suspension, or cancellation of a license or permit granted pursuant to this title, the applicant, or licensee, or permit holder shall be afforded a hearing in the manner and subject to the conditions and procedures established by this chapter and the commissioner. The commissioner shall notify an applicant, or licensee, or permit holder in writing of the denial, suspension, or cancellation by registered or certified mail or statutory overnight delivery to the last known address of the applicant, or licensee, or permit holder appearing in the commissioner's files or by personal service upon the applicant, or licensee, or permit holder by an authorized agent of the commissioner. Upon cancellation of a license or permit for cause under this paragraph, there shall be no renewal or reissuance of the canceled license or permit for a period of two years from the date of cancellation; (2) In the event that the license of any person is canceled by the commissioner under the authority of this title, hold the bonds of the person for a period of three years against any liabilities accruing as a result of the business of the person whose license is canceled. In no event shall the surrender of any bond release any liability; (3) Enter into agreements with appropriate authorities of other states who enforce the alcoholic beverage laws thereof, to exchange information relative to the manufacture, receipt, sale, use, or transportation of alcoholic beverages;
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(4) Promulgate rules and regulations which he or she deems necessary for the conversion from the metric system of measurement to the equivalent English measurement in United States gallons and subdivisions of gallons and shall compute all tax rates at the equivalent English measurement; and (5) Promulgate rules and regulations, not inconsistent with federal laws or regulations, requiring informative labeling of all distilled spirits offered for sale in this state."
SECTION 3. Said title is further amended by revising Code Section 3-3-46, relating to penalties, as follows:
"3-3-46. (a) The violation of any provision of this article by the operator of any licensed premises or any premises for which a permit has been issued shall constitute grounds for the suspension and revocation of any and all alcoholic beverage licenses and permits issued to such operator. (b) Any person who violates any provision of this article shall be guilty of a misdemeanor of a high and aggravated nature."
SECTION 4. Said title is further amended by revising subsection (e) of Code Section 3-4-24, relating to issuance to fruit growers of license to manufacture distilled spirits, storage and disposition, limitations upon manufacture and sale, issuance of manufacturer's or distiller's license in certain counties or municipalities, educational and promotional tours, and tasting room limitations for certain licensees, as follows:
"(e) A manufacturer or distiller issued a license pursuant to this Code section may provide educational and promotional tours upon the issuance of a permit by the commissioner pursuant to Code Section 3-4-180."
SECTION 5. Said title is further amended by revising subsection (e) of Code Section 3-4-24.1, relating to distiller's license authorizing manufacture of distilled spirits from agricultural products other than perishable fruits, storage, and educational and promotional tours, as follows:
"(e) A manufacturer or distiller issued a license pursuant to this Code section may provide educational and promotional tours upon the issuance of a permit by the commissioner pursuant to Code Section 3-4-180."
SECTION 6. Said title is further amended by revising Code Section 3-4-180, relating to tastings of distilled spirits, definitions, and general provisions, as follows:
"3-4-180. (a) As used in this Code section, the term:
(1) 'Distillery tour' means guided access to the manufacturing portion of the licensed premises of a distiller.
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(2) 'Free souvenir' means a complimentary sealed container of distilled spirits. (1)(3) 'Free tastings' means the provision of complimentary samples of distilled spirits to the public for consumption on the premises of a distiller. (2)(4) 'Sample' means one-half of one ounce of distilled spirits. (b)(1) The commissioner shall, upon proper application therefor, issue an annual permit to any A distiller licensed in this state may apply to the commissioner for an annual permit authorizing such distiller to conduct educational and promotional distillery tours on the licensed premises of the distiller, free of charge or for a fee, which may include:
(A) Free souvenirs; (B) Free food; and (C) Free free tastings on the premises by members of the public of tax-paid varieties distilled spirits manufactured by such distiller. (2)(A) No distiller providing free souvenirs pursuant to this subsection shall provide, directly or indirectly, more than one free souvenir to the same individual in one calendar day. Each free souvenir shall be a single bottle of distilled spirits, containing not more than 750 milliliters of distilled spirits manufactured by the distiller on the licensed premises. (c)(B) No distiller conducting free tastings under this Code section shall provide, directly or indirectly, more than the one sample three samples to a person in one calendar day. Free tastings shall consist of distilled spirits manufactured by the distiller on the licensed premises. Free tastings shall be held in a designated tasting area on the premises of the distiller, and all open bottles containing distilled spirits shall be visible at all times. (3) Free souvenirs shall only be provided after the distillery tour and only to individuals who have attended a distillery tour on the same calendar day. Free tastings and free food may be provided before, during, and after a distillery tour. An individual shall be 21 years of age or older to receive a free souvenir or free tasting. (4) The distiller shall pay all excise and use taxes on any samples and all use taxes on any free souvenirs provided pursuant to this subsection. (c) A distiller may provide to the public free of charge or for a fee merchandise such as shirts, glasses, and other promotional items which do not contain alcoholic beverages. (d) If a distiller chooses to charge a fee for a distillery tour pursuant to subsection (b) of this Code section, such distiller may charge varying fees for the distillery tours, provided that such fees are charged prior to the beginning of such tour. The provision of distilled spirits by a distiller as part of a distillery tour pursuant to this Code section shall not be deemed a retail sale of alcoholic beverages. (e) No alcoholic beverages shall be sold on any licensed premises for which a permit has been issued pursuant to this Code section. (f) The department shall promulgate and enforce such rules and regulations as it may deem necessary to effectuate the provisions of this Code section."
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SECTION 7.
Said title is further amended by revising Code Section 3-5-36, relating to brewpubs and the limited exception to the prohibition against ownership and employment interests between manufacture, distribution, and sale of malt beverages, as follows:
"3-5-36. A limited exception to the provisions of Code Sections 3-5-29 through 3-5-32 providing a three-tier system for the distribution and sale of malt beverages shall exist for owners and operators of brewpubs, subject to the following terms and conditions:
(1) No individual shall be permitted to own or operate a brewpub without first obtaining a proper license from the commissioner in the manner provided in this title, and each brewpub licenseholder licensee shall comply with all other applicable state and local license requirements; (2) A brewpub license authorizes the holder of such license to:
(A) Manufacture on the licensed premises not more than 10,000 barrels of beer malt beverages in a calendar year solely for retail sale on the premises; (B) Operate an eating establishment that shall be the sole retail outlet for such beer malt beverages; and (C) Operate an eating establishment that may offer for sale for consumption on the premises any other alcoholic beverages produced by other manufacturers which are authorized for retail sale under this title, including wine, distilled spirits, and malt beverages, provided that such alcoholic beverages are purchased from a licensed wholesaler for consumption on the premises only; and, provided, further, that in addition to draft beer manufactured on the premises, each brewpub licensee shall offer for sale commercially available canned or bottled malt beverages from licensed wholesalers; and (C)(D) Notwithstanding any other provision of this paragraph, sell up to a maximum of 5,000 barrels annually of such beer malt beverages to licensed wholesale dealers for distribution to retailers and retail consumption dealers;. Under no circumstances shall such malt beverages be sold by a brewpub licensee to any person holding a retail consumption dealer's license or a retailer's license for the purpose of resale; (3) Possession of a brewpub license shall not prevent the holder of such license from obtaining a retail consumption dealer's license or a retailer's license for the same premises; (4) A brewpub license does not authorize the holder of such license to sell alcoholic beverages by the package for consumption off the premises; (5) A brewpub licensee shall not offer or permit any free sampling of beer by its customers on the premises of a brewpub; (6)(5) The commissioner shall not issue a brewpub license if the brewpub premises are to be licensed is located in a county or municipality in which the sale of alcoholic beverages is prohibited; and (7)(6) A brewpub licensee shall:
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(A) Pay all state and local license fees and excise taxes applicable to individuals licensed by this state as manufacturers, retailers, and, where applicable, wholesalers under this title; (B) At the request of the commissioner, provide an irrevocable letter of credit or an Irrevocable Standby Financial Guarantee Bond bond in favor of the State of Georgia in an amount sufficient to guarantee such brewpub licensee's estimated tax liability for the first year of operation; and (C) Measure beer malt beverages manufactured on the premises and otherwise comply with applicable rules and regulations respecting excise and enforcement tax determination of such beer malt beverages as required by this title."
SECTION 8. Said title is further amended by revising Code Section 3-5-38, relating to free tasting of malt beverages on brewery premises during educational and promotional tours, as follows:
"3-5-38. The commissioner shall, upon proper application therefor, issue an annual permit to any brewer licensed in this state authorizing such brewer to conduct educational and promotional brewery tours which may include free tasting on the premises by members of the public of tax paid varieties of malt beverages brewed by such brewer. (a) As used in this Code section, the term:
(1) 'Brewery tour' means guided access to the manufacturing portion of the licensed premises of a brewer. (2) 'Free souvenir' means a complimentary sealed container or containers of malt beverages with a total liquid capacity that does not exceed 72 ounces. (3) 'Free tastings' means the provision of complimentary samples of malt beverages to the public for consumption on the premises of a brewer. (4) 'Sample' means a quantity of malt beverages manufactured by the brewer. (b)(1) A brewer licensed in this state may apply to the commissioner for an annual permit authorizing such brewer to conduct educational and promotional brewery tours on the licensed premises of the brewer, free of charge or for a fee, which may include:
(A) Free souvenirs; (B) Free food; and (C) Free tastings on the licensed premises of the brewery of malt beverages manufactured by such brewer. (2) No brewer providing free souvenirs pursuant to this subsection shall provide, directly or indirectly, more than one free souvenir to the same individual in one calendar day. Each free souvenir shall consist of malt beverages manufactured by the brewer on the licensed premises. (3) No brewer conducting free tastings pursuant to this subsection shall provide, directly or indirectly, to the same individual in one calendar day more than 36 ounces of malt beverages for consumption on the premises. Free tastings shall be held in a
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designated tasting area on the licensed premises of the brewer and all open bottles containing malt beverages shall be visible at all times. (4) Free souvenirs shall only be provided after the brewery tour and only to individuals who have attended a brewery tour on the same calendar day. Free tastings and free food may be provided before, during, and after a brewery tour. An individual shall be 21 years of age or older to receive a free souvenir or free tasting. (5) The brewer shall pay all excise and use taxes on any samples and all use taxes on any free souvenirs provided pursuant to this subsection. (c) A brewer may provide to the public free of charge or for a fee merchandise such as shirts, glasses, and other promotional items which do not contain alcoholic beverages. (d) If a brewer chooses to charge a fee for a brewery tour pursuant to subsection (b) of this Code section, such brewer may charge varying fees for the brewery tours, provided that such fees are charged prior to the beginning of such tour. The provision of malt beverages by a brewer as part of a brewery tour pursuant to this Code section shall not be deemed a retail sale of alcoholic beverages. (e) No alcoholic beverages shall be sold on any licensed premises for which a permit has been issued pursuant to this Code section. (f) The department shall promulgate and enforce such rules and regulations as it may deem necessary to effectuate the provisions of this Code section."
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Anderson Y Atwood Y Ballinger
Barr N Battles E Beasley-Teague Y Bell Y Belton N Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway
N Coomer Y Cooper N Corbett E 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 Ealum Y Efstration
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston E Howard Y Hugley E Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Y Meadows Y Mitchell
Morris Y Mosby E Nimmer N Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea
Pezold Y Powell, A Y Powell, J Y Prince Y Pruett
Y Smith, E E 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 Tankersley Y Tanner Y Tarvin
Taylor, D Y Taylor, T Y Teasley
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Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler
Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Ehrhart N England Y Epps Y Evans E Fleming Y Floyd Y Fludd Y Frazier Y Frye
Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd E Kirby Y Knight N LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall N McClain
Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge
Rynders Y Scott Y Setzler Y Sharper Y Shaw E Sims
Y Thomas, A.M. E Thomas, E Y Trammell Y Turner Y Waites Y Watson
Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williamson
Yates Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 142, nays 9.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 342. By Representatives Kelley of the 16th, Willard of the 51st, Ramsey of the 72nd, Benton of the 31st, Fleming of the 121st and others:
A BILL to be entitled an Act to amend Code Section 31-7-3.2 of the Official Code of Georgia Annotated, relating to the notice of cited deficiencies and imposition of sanctions for nursing homes or intermediate care homes, so as to provide that a violation of certain regulations shall not constitute negligence per se; to provide for limitations on advertisements that use or reference the results of federal or state surveys or inspections of nursing homes; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
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HB 237. By Representatives Williamson of the 115th, Dudgeon of the 25th, Hamilton of the 24th, Martin of the 49th, Ramsey of the 72nd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of and exemptions from state income tax, so as to extend the angel investor tax credit; to repeal conflicting laws; and for other purposes.
HB 277. By Representatives Broadrick of the 4th, Dickson of the 6th, Meadows of the 5th and Battles of the 15th:
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 sales and use taxes, so as to value all flooring samples at the same rate for purposes of fair market value; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the House and Senate were taken up for consideration and read the third time:
SB 134. By Senators Stone of the 23rd, Beach of the 21st, Jones II of the 22nd, Thompson of the 5th, Miller of the 49th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to speed detection devices, so as to provide for a rebuttable presumption for law enforcement agencies' use of speed detection devices when fines are less than a certain percent of the agencies' operating budgets; 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 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to require reports of local government revenues submitted to the Department of Community Affairs identify the total amount of speeding fine revenue collected by the local government; to amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to speed detection devices, so as to provide for a rebuttable presumption for law enforcement agencies' use of speed detection devices when fines are less than a certain
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percent of the agencies' operating budgets; to provide for the calculation of such budgets; 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 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, is amended in Code Section 36-81-8, relating to annual local government finances and indebtedness reports to the Department of Community Affairs, by revising subparagraph (b)(1)(A) as follows:
"(b)(1)(A) Each unit of local government shall submit an annual report of local government finances to the Department of Community Affairs. The report shall include the revenues, expenditures, assets, and debts of all funds and agencies of the local government, and other such information as may be reasonably requested by the department. Such annual report shall further identify the total amount of speeding fine revenue collected by the local government."
SECTION 2. Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to speed detection devices, is amended in Code Section 40-14-11, relating to the ratio of speeding fines to a law enforcement agency's budget, by revising subsection (d) as follows:
"(d) There shall be a rebuttable presumption that a law enforcement agency is employing speed detection devices for purposes other than the promotion of the public health, welfare, and safety if the fines levied based on the use of speed detection devices for speeding offenses are equal to or greater than 40 35 percent of that a municipal or county law enforcement agency's budget. For purposes of this Code section, fines collected for citations issued for violations of Code Section 40-6-180 shall be included when calculating total speeding fine revenue for the agency; provided, however, that fines for speeding violations exceeding 17 20 miles per hour over the established speed limit shall not be considered when calculating total speeding fine revenue for the agency."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
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Y Abrams N Alexander E Allison N Anderson Y Atwood Y Ballinger Y Barr N Battles E Beasley-Teague N Bell Y Belton N Bennett Y Bentley Y Benton Y Beskin N Beverly N Broadrick Y Brockway Y Brooks
Bruce Y Bryant N Buckner N Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson N Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Coomer N Cooper N Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart N England N Epps N Evans E Fleming Y Floyd N Fludd Y Frazier N Frye
Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley
Greene Y Hamilton
Y Harbin Y Harden N Harrell N Hatchett Y Hawkins N Henson Y Hightower Y Hitchens Y Holcomb E Holmes N Houston E Howard Y Hugley E Jackson E Jacobs N Jasperse N Jones, J Y Jones, J.B. Y Jones, L E Jones, S Y Jordan N Kaiser Y Kelley Y Kendrick Y Kidd E Kirby N Knight N LaRiccia Y Lumsden N Mabra Y Marin Y Martin N Maxwell
Mayo McCall Y McClain
N Meadows Y Mitchell N Morris Y Mosby E Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake
Petrea Y Pezold Y Powell, A N Powell, J N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice N Roberts N Rogers, C Y Rogers, T Y Rutledge N Rynders N Scott Y Setzler N Sharper N Shaw E Sims
Smith, E E Smith, L
Smith, M N Smith, R N Smyre N Spencer Y Stephens, M
Stephens, R N Stephenson N Stovall Y Stover Y Strickland N Tankersley Y Tanner Y Tarvin Y Taylor, D N Taylor, T N Teasley N Thomas, A.M. E Thomas, E N Trammell Y Turner N Waites N Watson
Welch Weldon Y Werkheiser Y Wilkerson Y Wilkinson N Willard E Williams, A Y Williams, C N Williams, E N Williamson Y Yates Ralston, Speaker
On the passage of the Bill, by substitute, the ayes were 91, nays 58.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Houston of the 170th moved that the House reconsider its action in giving the requisite constitutional majority to SB 134.
On the motion, the roll call was ordered and the vote was as follows:
N Abrams N Alexander E Allison N Anderson Y Atwood N Ballinger
N Coomer Y Cooper Y Corbett E Dawkins-Haigler N Deffenbaugh N Dempsey
N Harbin N Harden Y Harrell Y Hatchett N Hawkins Y Henson
Y Meadows Y Mitchell Y Morris N Mosby E Nimmer N Nix
Smith, E E Smith, L N Smith, M Y Smith, R N Smyre Y Spencer
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Y Barr Y Battles E Beasley-Teague N Bell Y Belton N Bennett Y Bentley Y Benton
Beskin Y Beverly Y Broadrick N Brockway N Brooks N Bruce N Bryant Y Buckner Y Burns N Caldwell, J N Caldwell, M N Cantrell
Carson Y Carter E Casas N Chandler
Cheokas N Clark, D N Clark, H Y Clark, V Y Coleman E Cooke
N Dickerson N Dickey N Dickson Y Dollar N Douglas Y Drenner N Dudgeon Y Dukes E Dunahoo N Duncan N Ealum Y Efstration N Ehrhart Y England Y Epps Y Evans Y Fleming N Floyd Y Fludd N Frazier N Frye
Gardner Y Gasaway E Geisinger N Glanton N Golick N Gordon Y Gravley
Greene N Hamilton
Y Hightower N Hitchens Y Holcomb E Holmes Y Houston E Howard N Hugley E Jackson E Jacobs N Jasperse Y Jones, J N Jones, J.B. Y Jones, L E Jones, S N Jordan N Kaiser N Kelley N Kendrick Y Kidd E Kirby Y Knight Y LaRiccia N Lumsden Y Mabra N Marin Y Martin Y Maxwell
Mayo N McCall N McClain
Y Oliver Y O'Neal N Pak Y Parrish Y Parsons N Peake
Petrea Y Pezold N Powell, A Y Powell, J N Prince
Pruett Y Quick Y Raffensperger N Rakestraw N Ramsey Y Randall Y Reeves N Rhodes N Rice Y Roberts Y Rogers, C N Rogers, T
Rutledge Y Rynders Y Scott N Setzler Y Sharper Y Shaw E Sims
N Stephens, M Y Stephens, R Y Stephenson N Stovall N Stover N Strickland Y Tankersley N Tanner N Tarvin Y Taylor, D N Taylor, T Y Teasley Y Thomas, A.M. E Thomas, E Y Trammell N Turner N Waites Y Watson Y Welch Y Weldon Y Werkheiser N Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C N Williams, E Y Williamson N Yates
Ralston, Speaker
On the motion, the ayes were 76, nays 75.
The motion prevailed.
The following Bill of the Senate, having previously been read, was again taken up for consideration:
SB 134. By Senators Stone of the 23rd, Beach of the 21st, Jones II of the 22nd, Thompson of the 5th, Miller of the 49th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to speed detection devices, so as to provide for a rebuttable presumption for law enforcement agencies' use of speed detection devices when fines are less than a certain percent of the agencies' operating budgets; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Committee substitute was previously read and adopted.
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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams N Alexander E Allison N Anderson Y Atwood Y Ballinger Y Barr N Battles E Beasley-Teague N Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin N Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson N Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Coomer N Cooper N Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar Y Douglas N Drenner Y Dudgeon N Dukes E Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart N England N Epps N Evans N Fleming
Floyd N Fludd Y Frazier N Frye
Gardner Y Gasaway E Geisinger Y Glanton Y Golick
Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden N Harrell N Hatchett Y Hawkins N Henson Y Hightower Y Hitchens Y Holcomb E Holmes N Houston E Howard Y Hugley E Jackson N Jacobs N Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick N Kidd E Kirby N Knight N LaRiccia Y Lumsden N Mabra Y Marin Y Martin N Maxwell Y Mayo Y McCall Y McClain
N Meadows Y Mitchell N Morris Y Mosby E Nimmer Y Nix N Oliver Y O'Neal Y Pak N Parrish Y Parsons Y Peake N Petrea Y Pezold Y Powell, A N Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice N Roberts N Rogers, C Y Rogers, T Y Rutledge N Rynders N Scott Y Setzler N Sharper N Shaw E Sims
Smith, E E Smith, L Y Smith, M N Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R N Stephenson N Stovall Y Stover Y Strickland N Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T N Teasley N Thomas, A.M. E Thomas, E N Trammell Y Turner N Waites N Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson N Willard E 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 104, nays 54.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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HR 744. By Representative Tanner of the 9th:
A RESOLUTION creating the House Study Committee on the Use of Drones; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Creating the House Study Committee on the Use of Drones; and for other purposes.
WHEREAS, Georgia has experienced a dramatic increase in the use of drones in the past few years; and
WHEREAS, the exciting new technology offers many excellent opportunities for citizens, businesses, government, and law enforcement, but at the same time, it presents many complex challenges concerning privacy, security, and individual rights; and
WHEREAS, the areas of concern include the use of law enforcement agencies in obtaining evidence in criminal matters as well as in emergency conditions; the use of drones by state and local governing authorities and agencies; flying drones over private property and over the property with or without permission; the use of drones to photograph citizens in their private lives; and flying drones over public property.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES: (1) Creation of House study committee. There is created the House Study Committee on the Use of Drones. (2) Members and officers. The committee shall be composed of five members of the House of Representatives, at least one of whom shall be from the minority party, to be appointed by the Speaker of the House of Representatives. The Speaker of the House of Representatives shall designate a member of the committee as chairperson of the committee. (3) Powers and duties. The committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. (4) Meetings. The chairperson shall call all meetings of the committee. 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 powers, perform its duties, and accomplish the objectives and purposes of this resolution. (5) Allowances and funding. (A) The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated.
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(B) The allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. Funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives. (6) Report. (A) In the event the committee adopts any specific findings or recommendations that include suggestions for proposed legislation, the chairperson shall file a report of the same prior to the date of abolishment specified in this resolution, subject to subparagraph (C) of this paragraph. (B) In the event the committee adopts a report that does not include suggestions for proposed legislation, the chairperson shall file the report, subject to subparagraph (C) of this paragraph. (C) No report shall be filed unless the same has been approved prior to the date of abolishment specified in this resolution by majority vote of a quorum of the committee. A report so approved shall be signed by the chairperson of the committee and filed with the Clerk of the House of Representatives. (D) In the absence of an approved report, the chairperson may file with the Clerk of the House of Representatives a copy of the minutes of the meetings of the committee in lieu thereof. (7) Abolishment. The committee shall stand abolished on December 1, 2015.
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 E Allison Y Anderson Y Atwood
Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant
E Coomer Cooper
Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey
Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon
Dukes E Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston E Howard Y Hugley E Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S
Jordan
Y Meadows Y Mitchell Y Morris Y Mosby E Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw
Smith, E 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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, E Y Trammell
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Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley
Greene Y Hamilton
Y Kaiser Y Kelley Y Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Ramsey Randall
Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge
Rynders Y Scott Y Setzler Y Sharper Y Shaw E Sims
Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E
Williamson Y Yates
Ralston, Speaker
On the adoption of the Resolution, by substitute, the ayes were 149, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 202. By Representatives Battles of the 15th, Williamson of the 115th, Harrell of the 106th, Jasperse of the 11th, Taylor of the 79th and others:
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 effective dates; to repeal conflicting laws; and for other purposes.
HB 439. By Representatives Shaw of the 176th, Abrams of the 89th, England of the 116th, Hatchett of the 150th, Knight of the 130th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to establish qualified low-income community investment; to provide for a short title; to provide for definitions; to provide that certain entities may earn credit against state premium tax liability; to provide for
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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.
HB 457. By Representatives Hawkins of the 27th, Rogers of the 29th, Clark of the 98th, Dunahoo of the 30th, Coleman of the 97th and others:
A BILL to be entitled an Act to amend Part 7 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to watercraft held in inventory, so as to provide that watercraft held in inventory shall be exempt from ad valorem taxation; 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 Bill of the Senate was taken up for consideration and read the third time:
SB 79. By Senator Unterman of the 45th:
A BILL to be entitled an Act to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to expand the Criminal Justice Coordinating Council's powers and duties relative to claims for victim compensation; to increase the amount payable for funeral expenses; to enlarge the pool of claimants to include individuals related by marriage; 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 Y Anderson Y Atwood Y Ballinger N Barr Y Battles E Beasley-Teague
Bell Y Belton
Bennett
E Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson N Hightower Y Hitchens Y Holcomb E Holmes
Houston E Howard
Y Meadows Y Mitchell Y Morris Y Mosby E Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake
Smith, E E 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
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Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman E Cooke
Y Dudgeon Y Dukes E Dunahoo N Duncan Y Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Gardner Y Gasaway E Geisinger Y Glanton E Golick Y Gordon N Gravley
Greene Y Hamilton
Y Hugley E Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S E Jordan Y Kaiser N Kelley Y Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin
Martin N Maxwell Y Mayo Y McCall Y McClain
Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett N Quick N Raffensperger N Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw E Sims
Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. E Thomas, E Y Trammell N Turner Y Waites Y Watson
Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E N Williamson Y Yates
Ralston, Speaker
On the passage of the Bill, the ayes were 133, nays 17.
The Bill, having received the requisite constitutional majority, was passed.
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 64. By Senators Hufstetler of the 52nd and Jones of the 10th:
A BILL to be entitled an Act to amend Code Section 15-11-2, Title 19, and Chapter 10 of Title 31 of the O.C.G.A., relating to definitions for the Juvenile Code, domestic relations, and vital records, respectively, so as to repeal voluntary acknowledgments of legitimation; to provide for related matters; to repeal conflicting laws; and for other purposes.
The motion prevailed.
By unanimous consent, the following Bill of the House, having been previously postponed, was again postponed until the next legislative day:
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HR 620. By Representative Drenner of the 85th:
A RESOLUTION urging local boards of education in Georgia to provide educational awareness regarding renewable energy; and for other purposes.
By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:
HB 669. By Representatives Stephens of the 164th, Bryant of the 162nd, Petrea of the 166th, Stephens of the 165th, Gordon of the 163rd and others:
A BILL to be entitled an Act to amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4351), so as to provide for the compensation of certain Chatham County officials; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4351), so as to provide for the compensation of certain Chatham County officials; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4351), is amended in Section 1 by revising subsection (b) as follows:
"(b) The officers subject to the provisions of this Act shall receive the following compensation:
(1)(A) The judge of the probate court shall receive an annual salary equal to the sum of 80 percent of the annual salary of a judge of the superior court provided in Code Section 45-7-4 of the O.C.G.A., plus 80 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court, excluding any longevity pay to a judge of the superior court pursuant to Ga. L. 1997, p. 4108.
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(B) For each four-year term following the initial term of office, the judge of the probate court shall be entitled to an increase in his or her annual salary in the amount of $800.00, provided that such longevity increase and any cost of living adjustment shall be automatically reduced to reflect an increase provided in general law. This subparagraph shall apply to terms beginning on or after January 1, 2016. (2)(A) The chief judge of the state court shall receive an annual salary equal to the sum of 95 percent of the annual salary of a judge of the superior court as provided in Code Section 45-7-4 of the O.C.G.A., plus 95 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court, excluding any longevity pay to a judge of the superior court pursuant to Ga. L. 1997, p. 4108. In addition, the governing authority of Chatham County shall pay to the chief judge of the state court an additional salary supplement as additional compensation for performing the duties incumbent upon a chief judge of not less than 95 percent of the salary supplement paid to the chief judge of the Eastern Judicial Circuit. (B) For each four-year term following the initial term of office, the chief judge of the state court shall be entitled to an increase in his or her annual salary in the amount of $950.00, provided that such longevity increase and any cost of living adjustment shall be automatically reduced to reflect an increase provided in general law. This subparagraph shall apply to terms beginning on or after January 1, 2016. (3)(A) The judges of the state court shall receive an annual salary equal to the sum of 95 percent of the annual salary of a judge of the superior court as provided in Code Section 45-7-4 of the O.C.G.A., plus 95 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court, excluding any longevity pay to a judge of the superior court pursuant to Ga. L. 1997, p. 4108. (B) For each four-year term following the initial term of office, each judge of the state court shall be entitled to an increase in his or her annual salary in the amount of $950.00, provided that such longevity increase and any cost of living adjustment shall be automatically reduced to reflect an increase provided in general law. This subparagraph shall apply to terms beginning on or after January 1, 2016. (4)(A) The chief magistrate shall receive an annual salary equal to the sum of 85 percent of the annual salary of a judge of the superior court as provided in Code Section 45-7-4 of the O.C.G.A., plus 85 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court, excluding any longevity pay to a judge of the superior court pursuant to Ga. L. 1997, p. 4108. In addition, the governing authority of Chatham County shall pay to the chief magistrate of the magistrate court an additional salary supplement as additional compensation for performing the duties incumbent upon a chief judge of not less than 80 percent of the salary supplement paid to the Chief Judge of the Eastern Judicial Circuit. (B) For each four-year term following the initial term of office, the chief magistrate shall be entitled to an increase in his or her annual salary in the amount of $850.00,
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provided that such longevity increase and any cost of living adjustment shall be automatically reduced to reflect an increase provided in general law. This subparagraph shall apply to terms served after January 1, 2016. (5)(A) Each full-time magistrate shall receive an annual salary equal to the sum of 85 percent of the annual salary of a judge of the superior court as provided in Code Section 45-7-4 of the O.C.G.A., plus 85 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court, excluding any longevity pay to a judge of the superior court pursuant to Ga. L. 1997, p. 4108. (B) For each four-year term following the initial term of office, each full-time magistrate shall be entitled to an increase in his or her annual salary in the amount of $850.00, provided that such longevity increase and any cost of living adjustment shall be automatically reduced to reflect an increase provided in general law. This subparagraph shall apply to terms served after January 1, 2016. (6) The presiding judge of the juvenile court and the judges of the juvenile court shall be compensated as provided in Code Section 15-11-52 of the O.C.G.A. (b) The annual compensation provided in subsection (a) of this Act shall be paid in equal monthly installments. No provision of this Act shall be applied so as to reduce the compensation of any officer during a term of office."
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 E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly
Broadrick Y Brockway
E Coomer Y Cooper Y Corbett E Dawkins-Haigler
Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Ealum Y Efstration
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston E Howard Y Hugley E Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Y Meadows Y Mitchell Y Morris Y Mosby E Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett
Y Smith, E E 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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley
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Y Brooks Y Bruce
Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Gardner Y Gasaway E Geisinger Y Glanton E Golick Y Gordon Y Gravley
Greene Y Hamilton
Y Jones, L E Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin E Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts
Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw E Sims
Y Thomas, A.M. E Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Bills of the House were taken up for the purpose of considering the Senate action thereon:
HB 397. By Representatives Knight of the 130th, Roberts of the 155th, Houston of the 170th, Nimmer of the 178th, McCall of the 33rd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to revise provisions relating to the State Soil and Water Conservation Commission; to provide for administrative attachment; to provide for appointment to the commission; to remove authority related to eminent domain; to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to erosion and sedimentation control, so as to provide for erosion manual publication oversight; 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
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To amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to revise provisions relating to the State Soil and Water Conservation Commission; to provide for administrative attachment; to provide for appointment to the commission; to remove authority related to funding of water supply reservoirs; to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to erosion and sedimentation control, so as to provide for erosion manual publication oversight; 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 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, is amended by revising Code Section 2-6-23, relating to establishment of the State Soil and Water Conservation Commission, as follows:
"2-6-23. (a) There is established, to serve as an agency of the state and to perform the functions conferred upon it in this article, the State Soil and Water Conservation Commission. The commission shall be assigned to the Department of Agriculture for administrative purposes only, as prescribed in Code Section 50-4-3. (b) Five district soil and water conservation supervisors, who shall be appointed by the Governor as provided in this Code section, shall serve as members of the commission. Commencing with appointments for the year 1977, the Governor shall appoint to the commission one supervisor from each of the five Georgia Association of Conservation District Supervisors' groups. Commencing with appointments for the year 2015, the Governor shall appoint one at-large member from each of the five soil and water conservation district regions to serve on the commission. Such initial appointments were shall be for terms of office of one, two, three, four, and five years, respectively. Thereafter, successors shall be appointed for terms of office of five years and until their successors are duly appointed. (c) The following persons shall serve ex officio in an advisory capacity to the State Soil and Water Conservation Commission:
(1) The director of the Cooperative Extension Service associate dean for extension of the College of Agricultural and Environmental Sciences of the University of Georgia; (2) The commissioner of natural resources; (3) The director of experiment stations associate dean of research of the College of Agricultural and Environmental Sciences of the University of Georgia; (4) The executive director of the Agricultural Stabilization Conservation Service; (5) The Georgia state director of the Farmer's Home Administration; (6) The director of the Southern Piedmont Conservation Research Center; (7) The president of the Georgia Association of Conservation District Supervisors; (8) The director of the State Forestry Commission;
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(9) The Georgia supervisor of national forests of the U.S. Forestry Service; (10) The state conservationist of the U.S. Soil Conservation Service U.S. Natural Resources Conservation Service; (11) The dean and director of the College of Agricultural and Environmental Sciences of the University of Georgia; (12) The state supervisor state program manager of agricultural education in this state; (13) The Commissioner of Agriculture; and (14) Such other representatives of state or federal agencies as the commission deems desirable. (d) The commission shall adopt a seal, which shall be judicially noticed. It may perform such acts, hold such public hearings, and promulgate such rules and regulations as may be necessary for the execution of its functions under this article."
SECTION 2. Said article is further amended by revising Code Section 2-6-27, relating to additional duties and powers of the commission, as follows:
"2-6-27. In addition to the duties and powers otherwise conferred upon the commission, it shall have the following duties and powers:
(1) To offer such assistance as may be appropriate to the supervisors of the soil and water conservation districts in the carrying out of any of their powers and programs; (2) To keep the supervisors of each of the districts informed of the activities and experiences of all the other districts and to facilitate an interchange of advice, experience, and cooperation between such districts; (3) To coordinate the programs of the districts so far as this may be done by advice and consultation; (4) To secure the cooperation and assistance of the United States and any of its agencies and of the agencies and counties of this state in the work of such districts; (5) To disseminate information throughout this state concerning the activities and programs of the districts and to encourage the formation of such districts in areas where their organization is desirable; (6) To receive gifts, appropriations, materials, equipment, land, and facilities and to manage, operate, and disperse the same; (7) To formulate such rules and regulations, to exercise such powers, and to perform such duties as are necessary to implement the administration of the federal Watershed Protection and Flood Prevention Act; (7.1) To formulate such rules and regulations in consultation with the Environmental Protection Division of the Department of Natural Resources, to exercise such powers, and to perform such duties as are necessary to implement the administration of the education and training program established under Code Section 12-7-19;
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(7.2) To formulate such rules and regulations and to exercise such powers as are necessary to perform its duties under subsection (m.1) of Code Section 12-5-31 and subsection (b.1) of Code Section 12-5-105; (8) To enter into contracts and agreements with the districts, municipalities, and counties of this state, other agencies of this state, the United States and any agencies thereof, any association, any landowner or land occupier, or any person in order to carry out the purposes of this article; and (9) To receive grants from any agency of the United States government or any agency of this state, and to make grants to districts, municipalities, or counties in this state, or other state agencies in order to:
(A) Fund up to 20 percent of the cost of obtaining permits for and constructing improvements to any dam that was originally constructed or financially assisted by the Natural Resources Conservation Service, formerly known as the Soil Conservation Service, of the United States Department of Agriculture; or (B) Fund up to 40 percent of the cost of obtaining a permit under Section 404 of the federal Clean Water Act, 33 U.S.C. Section 1344, for the construction of any new public water supply reservoir. In awarding any grants under this subparagraph, the commission shall consider regional effects and water supply yield of the proposed reservoir, anticipated population growth, and local government funding commitment; or (C) Carry out other purposes of this article."
SECTION 3. Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to erosion and sedimentation control, is amended in Code Section 12-7-3, relating to definitions, by redesignating paragraph (10.1) as paragraph (10.2) and by adding a new paragraph to read as follows:
"(10.1) 'Manual for Erosion and Sediment Control in Georgia' or 'manual' means the published guidance of the commission governing the design and practices to be utilized in the protection of this state's natural resources from erosion and sedimentation which shall be based foremost upon sound engineering principles and repeatable bench and field testing of structural and vegetative best management practices and which shall have the annual approval of the Erosion and Sediment Control Overview Council established pursuant to Code Section 12-7-7.1."
SECTION 4. Said chapter is further amended in Code Section 12-7-7.1, relating to erosion and sediment control plan preparation, completion, and implementation, by revising subsection (f) as follows:
"(f)(1) There shall be an Erosion and Sediment Control Overview Council which shall approve the Manual for Erosion and Sediment Control in Georgia prior to publication by the commission. In addition, the council shall provide guidance on the best management practices for implementing any erosion and sediment control plan
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for purposes of this Code section. The council shall be composed of nine members, including one member of the House of Representatives who shall be appointed by the Speaker of the House of Representatives and serve at the pleasure thereof; one member of the Senate who shall be appointed by the Lieutenant Governor and serve at the pleasure thereof; and seven members who shall be appointed by the Governor and serve at the pleasure thereof, including one employee each from the Department of Transportation, the Environmental Protection Division of the Department of Natural Resources, and the Georgia Regional Transportation State Road and Tollway Authority, a professional engineer licensed to practice in this state from a private engineering consulting firm practicing environmental engineering, two representatives one representative of the highway contracting industry certified by the Department of Transportation, one representative of the electric utility industry, and a chairperson. The council shall meet prior to December 1, 2015, to approve the most current version of the manual and at all other times as necessary to approve any subsequent changes or updates to the manual prior to its implementation. Such meetings shall be held at the call of the chairperson. Each councilmember shall receive a daily allowance in the amount specified in subsection (b) of Code Section 45-7-21; provided, however, that any full-time state employee serving on the council shall draw no compensation but shall receive necessary expenses. The commissioner is authorized to pay such compensation and expenses from department funds. (2) The council may develop recommendations governing the preparation of plans and the installation and maintenance of best management practices. If a dispute concerning the requirements of this Code section should arise, the Erosion and Sediment Control Overview Council shall mediate the dispute."
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Representative Knight of the 130th moved that the House agree to the Senate substitute to HB 397.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles
E Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hitchens
Y Meadows Y Mitchell Y Morris Y Mosby E Nimmer Y Nix N Oliver Y O'Neal
Y Smith, E E Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R
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E Beasley-Teague Bell
Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly
Broadrick Y Brockway Y Brooks Y Bruce
Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
Y Dickson Y Dollar Y Douglas N Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier N Frye
Gardner Y Gasaway E Geisinger Y Glanton E Golick Y Gordon Y Gravley
Greene Y Hamilton
Y Holcomb E Holmes Y Houston E Howard Y Hugley E Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin E Martin N Maxwell Y Mayo Y McCall Y McClain
Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves
Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T
Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw E Sims
Y Stephenson N Stovall N Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, E N Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 140, nays 10.
The motion prevailed.
HB 477. By Representative Jones of the 47th:
A BILL to be entitled an Act to amend Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to procedures for disposition of property formerly acquired for public road purposes but later abandoned, so as to provide for notice and right to acquire when such property is located within a subdivision; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to procedures for disposition of property formerly acquired for public road purposes but
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later abandoned, so as to provide for notice and right to acquire when such property is located within a subdivision; to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to provide that newly incorporated municipalities shall assume ownership and control of county road rights of way located within the area incorporated; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to procedures for disposition of property formerly acquired for public road purposes but later abandoned, is amended by revising paragraph (1) of subsection (a) as follows:
"(a)(1) In disposing of property, as authorized under Code Section 32-7-3, the department, a county, or a municipality shall notify the owner of such property at the time of its acquisition or, if the tract from which the department, a county, or a municipality acquired its property has been subsequently sold, shall notify the owner of abutting land holding title through the owner from whom the department, a county, or a municipality acquired its property. In the event that all or a portion of the property subject to disposition is a roadway located in a subdivision with a duly formed property owner's association, the notice for that roadway portion of the property within such subdivision may be provided to the association in lieu of the individual owners of abutting land. The notice shall be in writing delivered to the appropriate owner or association or by publication if his or her the owner's or association's address is unknown; and he or she the owner or the association, as applicable, shall have the right to acquire, as provided in this subsection, the property with respect to which the notice is given. Publication, if necessary, shall be in a newspaper of general circulation in the county where the property is located. If, after a search of the land and probate records, the address of any interested party cannot be found, an affidavit stating such facts and reciting the steps taken to establish the address of any such person shall be placed in the department, county, or municipal records and shall be accepted in lieu of service of notice by mailing the same to the last known address of such person. After properly completing and filing such affidavit, the department, county, or municipality may dispose of the property in accordance with the provisions of subsection (b) of this Code section."
SECTION 2. Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, is amended by adding a new Code section to read as follows:
"36-31-7.1. (a) When a new municipal corporation is created by Act of the General Assembly, the new municipality shall assume the ownership, control, care, and maintenance of county
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road rights of way located within the area incorporated unless the municipality and the county agree otherwise by joint resolution. (b) This Code section shall apply to any new municipal corporation created by Act of the General Assembly on or after April 15, 2005."
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 Jones of the 47th moved that the House agree to the Senate substitute to HB 477.
On the motion, 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 E Beasley-Teague
Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly
Broadrick Y Brockway Y Brooks Y Bruce
Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V
E Coomer Y Cooper Y Corbett E 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Gardner Y Gasaway E Geisinger Y Glanton E Golick Y Gordon Y Gravley
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston E Howard Y Hugley E Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin E Martin Y Maxwell Y Mayo
Y Meadows Y Mitchell Y Morris Y Mosby E Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince
Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves
Rhodes Y Rice Y Roberts Y Rogers, C E Rogers, T
Rutledge Y Rynders Y Scott Y Setzler Y Sharper
Y Smith, E E 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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, E Y Trammell Y Turner Y Waites
Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williamson
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Y Coleman E Cooke
Greene Y Hamilton
Y McCall Y McClain
Y Shaw E Sims
Y Yates Ralston, Speaker
On the motion, the ayes were 147, nays 0.
The motion prevailed.
HB 515. By Representatives Mitchell of the 88th and Holcomb of the 81st:
A BILL to be entitled an Act to incorporate the City of Tucker in DeKalb County; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To incorporate the City of Tucker in DeKalb County; to provide for a charter for the City of Tucker; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for codes; to provide for a charter commission; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, courts, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for ethics and disclosures; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for homestead exemptions; to provide for bonds for officials; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates and transitional provisions governing the transfer of various functions and responsibilities from DeKalb County to the City of Tucker; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I CREATION, INCORPORATION, AND POWERS
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SECTION 1.01. Incorporation.
This Act shall constitute the charter of the City of Tucker, Georgia. The City of Tucker, Georgia, in the County of DeKalb, and the inhabitants thereof, are constituted and declared a body politic and corporate under the same name and style of the "City of Tucker" and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all courts of law and equity, and in all actions whatsoever, and may have and use a common seal for all other purposes as authorized by the laws of the State of Georgia and the Constitution of the State of Georgia.
SECTION 1.02. Corporate boundaries.
The boundaries of the City of Tucker shall be those set forth and described in Appendix A of this charter, and such Appendix A is incorporated into and made a part of this charter. The city clerk shall maintain a current map and written legal description of the corporate boundaries of the city, and such map and description shall incorporate any changes which may hereafter be made in such corporate boundaries.
SECTION 1.03. Powers and construction.
(a) Except as provided in subsection (b) of this section, the city shall have the following powers:
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades to the extent permitted by general law; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and
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method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation.
(A) To condemn property inside the corporate limits of the city for present or future use and for any public purpose deemed necessary by the city council, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; and (B) To condemn and cause to be remediated or removed any building, structure, or existing condition within its corporate limits that is dangerous to life, limb, or property, by reasons of decay, dilapidation, or unsanitary condition. Nothing in this subparagraph shall be construed to relieve the city of any duty to give owners or interested persons reasonable notice and opportunity to remedy the situation. Nothing in this subparagraph shall be construed as relieving the city of liability to any owner or interested person for damages to person or property taken or destroyed in furtherance of this subparagraph. This subparagraph shall not be construed as authorizing the doing of any act or thing contrary to the Constitution of this state and the policy of the general laws of this state. The city shall have authority to adopt reasonable ordinances and resolutions for the purpose of carrying out this subparagraph; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the enactment of ordinances that preserve and improve air quality, restore and maintain water resources, control erosion and sedimentation, manage storm water and establish a storm-water utility, manage solid and hazardous waste, and provide other necessary or beneficial actions for the protection of the environment; (9) Ethics. To adopt ethics ordinances and regulations governing such things as, but not limited to, the conduct of municipal elected officials, appointed officials, contractors, vendors, and employees; establishing procedures for ethics complaints; and setting forth penalties for violations of such rules and procedures; (10) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (11) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to
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enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges, taxes, or fees; (12) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (14) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (15) Homestead exemption. To establish and maintain procedures for offering homestead exemptions to residents of the city and maintaining current homestead exemptions of residents of the city as authorized by Act of the General Assembly; (16) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; to provide for the use of pretrial diversion and any alternative sentencing allowed by Georgia law; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (17) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (18) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices not specified in this charter, commissions, authorities, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (19) Municipal courts. To create a municipal court with a judge or judge and associate judges as may be necessary and to authorize the creation of a municipal court clerk's office or make said clerk's duties a part of the duties of the city clerk as designated by the city council; (20) 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; (21) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (22) 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; (23) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks,
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sewers and drains, sewage disposal, storm-water management, gas works, electricity generating plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (24) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (25) 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; (26) Planning and zoning. To provide comprehensive city planning for city land use, signage, and outside advertising, and development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (27) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a firefighting agency; (28) 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; (29) Public improvements. To provide for the acquisition, construction, building, operation, maintenance, or abolition of public ways, parks and playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside the corporate limits of the city and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (30) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (31) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (32) Public utilities and services. To grant franchises or make contracts for, or impose taxes on, public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (33) 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;
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(34) Retirement and employee benefits. To provide and maintain a retirement plan, insurance, and such other employee benefits for appointed officers and employees of the city, as are determined by the city council; (35) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (36) 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; (37) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements, subject to referendum; (38) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation to a maximum of 1 mill without a referendum; (39) Taxes: other. To levy and collect such other taxes and fees as may be allowed now or in the future by law; (40) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; to inspect such vehicles and mandate standards of safety and cleanliness; and to regulate the parking of such vehicles; (41) Tourism, conventions, and trade shows. To provide for the structure, operation, and management of the Tucker Convention and Visitors Bureau created pursuant to Section 1.05 of this charter and to authorize the City of Tucker to contract with private sector nonprofit organizations or other governmental agencies to promote tourism, conventions, and trade shows; (42) Urban redevelopment. To organize and operate an urban redevelopment program; and (43) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and any listing of particular powers in this charter shall not be held
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to be exclusive of others or restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. (b) Except as provided in subsection (c) of this section, the city shall exercise the powers enumerated in subsection (a) of this section only for the purposes of planning and zoning, code adoption and enforcement, and parks and recreation services and those items directly related to the provision of such services and for the general administration of the city in providing such services. (c) In the event that the city desires to provide services in addition to those services enumerated in subsection (b) of this section, the city council shall pass a resolution specifically stating the services sought to be offered by the city and shall submit such resolution for ratification by the electors of the city in a referendum. If the electors of the city vote in favor of ratifying such resolution, then the city shall be authorized to exercise the powers enumerated in subsection (a) of this section for the purpose of providing such services stated in such resolution and those items directly related to the provision of such services and for the general administration of the city in providing such services. If the electors of the city disapprove such resolution, such resolution shall immediately be null and void and of no force and effect.
SECTION 1.04. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this 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.
SECTION 1.05. Tourism, conventions, and trade shows.
The Tucker Convention and Visitors Bureau is hereby authorized to be created by an ordinance of the city council. When created, the bureau shall consist of a board of seven members appointed by the city council. The bureau shall report to the city manager on a regular basis and shall send an annual report to the city council in January of each year.
ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND LEGISLATIVE BRANCH
SECTION 2.01. City council creation; number; election.
(a) The legislative authority of the government of the City of Tucker, except as otherwise specifically provided in this charter, shall be vested in a city council of which the mayor shall be a voting member.
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(b)(1) The city council of the City of Tucker shall consist of six members, plus the mayor. (2) There shall be three council districts, designated as Council Districts 1 through 3, as described in Appendix B of this charter, which is attached to and made a part of this charter of the City of Tucker. (3) Two councilmembers shall be elected from each of the three council districts and shall hold Council District 1, Post 1; Council District 1, Post 2; Council District 2, Post 1; Council District 2, Post 2; Council District 3, Post 1; and Council District 3, Post 2, respectively. Each person desiring to offer as a candidate for councilmember for such posts shall designate the council post for which he or she is offering. Councilmembers shall be elected by a majority vote of the qualified electors of the respective council districts voting at the elections of the city. In the event that no candidate for a council post obtains a majority vote of the qualified electors of the council district voting in the election, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election for such council post shall be included in the run-off election. The person receiving the highest number of votes of the qualified electors of the council district voting at such run-off election shall be elected. Each candidate for election to the city council shall reside in the district which he or she seeks to represent. (c) With the exception of the initial terms set forth in subsection (d) of this section, councilmembers shall be elected to terms of four years and until their respective successors are elected and qualified on a staggered basis in alternate election cycles such that every two years three councilmembers are up for election. (d) In order to assure staggered elections of the councilmembers, in the first election of the city council, the terms for the candidates elected for Council District 1, Post 1; Council District 2, Post 1; and Council District 3, Post 1 shall expire upon the administration of the oath of office to their successors elected in the regular elections held in November, 2017, as provided in subsection (b) of Section 2.02 of this charter. The terms for the candidates elected for Council District 1, Post 2; Council District 2, Post 2; and Council District 3, Post 2 shall expire upon the administration of the oath of office to their successors elected in the regular elections held in November, 2019, as provided in subsection (b) of Section 2.02 of this charter. Thereafter, a successor to each councilmember shall be elected at the November election immediately preceding the end of such councilmember's term of office, and the term of each councilmember shall expire upon the administration of the oath of office to his or her successor. (e) With the exception of the initial term of office, the mayor of the City of Tucker, with the powers and duties specified in this charter, shall be elected to a term of four years and until his or her successor is elected and qualified. The mayor shall be elected by a majority vote of the qualified electors of the city at large voting at the elections of the city. In the event that no candidate for mayor obtains a majority vote of the qualified electors of the city at large voting at the elections of the city, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election shall be included in the run-off election, and the candidate receiving the highest number of
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votes in the runoff of the qualified electors of the city at large voting in such runoff shall be elected. The term of the first elected mayor shall expire upon the administration of the oath of office to his or her successor elected in the regular election held in November, 2017, as provided in subsection (b) of Section 2.02 of this charter. Thereafter, a successor to each mayor shall be elected at the November election immediately preceding the end of such mayor's term of office and the term of each mayor shall expire upon the administration of the oath of office to his or her successor.
SECTION 2.02. Mayor and councilmembers; terms and qualifications for office.
(a) For all elections subsequent to the first election, the mayor and councilmembers shall serve for terms of four years and until their terms shall expire upon the administration of the oath of office to their respective successors. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the City of Tucker for a continuous period of at least 12 months immediately prior to the date of election for mayor or councilmember, shall continue to reside therein during that person's period of service, and shall continue to be registered and qualified to vote in municipal elections of the City of Tucker. In addition to the above requirements, no person shall be eligible to serve as a councilmember representing a council district unless that person continues to reside in such district during that person's period of service. (b) An election shall be held on the date of and in conjunction with the 2016 presidential preference primary to elect the first mayor and city council. At such election, the first mayor and council shall be elected to serve for the initial terms of office specified in subsections (d) and (e) of Section 2.01. Thereafter, the time for holding regular municipal elections shall be on the Tuesday after the first Monday in November of each odd-numbered year beginning in 2017. (c) The number of successive terms an individual may hold a position as a councilmember shall be limited to two terms. (d) The number of successive terms an individual may hold the position of mayor shall be limited to three terms.
SECTION 2.03. Vacancy; filling of vacancies; suspensions.
(a) Elected officials of the city shall not hold other elective or public offices. The elective offices of the city's government shall become vacant upon the incumbent's death, resignation, removal, or forfeiture of office. The following shall result in an elected city official forfeiting his or her office:
(1) Failing to reside in the city or the district from which such person was elected; (2) Being convicted of, or pleading guilty or nolo contendere to, a felony or any misdemeanor involving theft or deception; or
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(3) Failing to attend one-third of the regular meetings of the council in a three-month period without being excused by the council. (b) The office of mayor shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor. (c) The office of a councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of a councilmember shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the mayor shall appoint a successor for the remainder of the term, subject to the approval of the city council or those members remaining. This provision shall also apply to a temporary vacancy created by the suspension from office of a councilmember.
SECTION 2.04. Nonpartisan elections.
Political parties shall not conduct primaries for city offices, and all names of candidates for city offices shall be listed without party designation.
SECTION 2.05. Election votes.
The candidate for mayor who receives the majority vote of the qualified electors of the city at large voting in the elections of the city and the candidates for the city council who receive the majority vote of the qualified electors of their respective districts voting in the elections of the city shall be elected to a term of office.
SECTION 2.06. Applicability of general laws; qualifying; other provisions.
All elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A, the "Georgia Election Code," as now or hereafter amended or otherwise provided by law. Except as otherwise provided by this charter, the city council shall, by ordinance or resolution, prescribe such rules and regulations as it deems appropriate, including, but not limited to, the establishment of qualifying fees, to fulfill any options
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and duties under Chapter 2 of Title 21 of the O.C.G.A, the "Georgia Election Code," as now or hereafter amended or otherwise provided by law.
SECTION 2.07. Compensation and expenses.
The annual salary of the mayor shall be $20,000.00, and the annual salary for each councilmember shall be $14,000.00. Such salaries shall be paid from municipal funds in monthly installments. The mayor shall be provided an annual expense allowance of $5,000.00 and each councilmember shall be provided an annual expense allowance of $3,000.00 for the reimbursement of expenses actually and necessarily incurred by the mayor and councilmembers in carrying out their duties as elected officials of the city.
SECTION 2.08. Inquiries and investigations.
The city council may make inquiries and investigations into the affairs of the city and conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance.
SECTION 2.09. Meetings, oath of office, and mayor pro tempore.
(a) The city council shall meet on the seventh working day in January immediately following each regular municipal election. The meeting shall be called to order by the mayor-elect, and the oath of office shall be administered to the newly elected mayor and councilmembers collectively by a judicial officer authorized to administer oaths. The oath shall, to the extent that it comports with federal and state law, be as follows:
"I do solemnly swear or affirm that I will faithfully execute the office of [councilmember or mayor, as the case may be] of the City of Tucker, and will, to the best of my ability, support and defend the Constitution of the United States, the Constitution of the State of Georgia, and the charter, ordinances, and regulations of the City of Tucker. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of my district and the City of Tucker for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interests of the City of Tucker to the best of my ability without fear, favor, affection, reward, or expectation thereof."
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(b) Following the induction of the mayor and councilmembers, the city council, by a majority vote of the councilmembers, shall elect a councilmember to be mayor pro tempore, who shall serve for a term of two years and until a successor is elected and qualified. The number of successive terms an individual may hold a position as mayor pro tempore shall be unlimited. (c) The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's temporary disability, suspension, or absence. If the mayor pro tempore is absent because of sickness or disqualification, any one of the remaining councilmembers, chosen by the councilmembers present, shall be clothed with all the rights and privileges of the mayor as described in this charter and shall perform the mayor's duties in the same manner as the mayor pro tempore. (d) The city council shall, at least once a month, hold regular meetings at such times and places as shall be prescribed by ordinance. The city council may recess any regular meeting and continue such meeting on any day or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (e) Special meetings of the city council may be held on call of either the mayor and one councilmember or three councilmembers. Notice of such special meetings shall be delivered to all councilmembers, the mayor, and the city manager personally, by registered mail, or by electronic means at least 24 hours in advance of the meeting. Such notice shall not be required if the mayor, all councilmembers, and the city manager are present when the special meeting is called. Such notice of any special meeting may be waived by the mayor, a councilmember, or the city manager in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice. The notice of such special meeting shall state what business is to be transacted at the special meeting. Only the business stated in the call may be transacted at the special meeting.
SECTION 2.10. Quorum; voting.
(a) Four councilmembers shall constitute a quorum and shall be authorized to transact business for the city council. The mayor shall be counted toward the making of a quorum. Voting on the adoption of ordinances shall be taken by voice vote, and the yeas and nays shall be recorded in the minutes, but on the request of any member, there shall be a roll call vote. In order for any ordinance, resolution, motion, or other action of the city council to be adopted, the measure shall receive at least three affirmative votes and shall receive the affirmative votes of a majority of those voting. Notwithstanding any provision to the contrary, no ordinance shall be adopted if the ordinance receives a no vote from both councilmembers that have a residence requirement in any one of the three districts. (b) Any voting member of the council may abstain from voting on an issue or may recuse himself or herself from voting only when a conflict of interest exists. Such conflict shall be disclosed to the city council and entered on the record. A vote to abstain
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may be entered by any voting member as a protest under the councilmember's First Amendment rights and shall be reflected as such in the record of the vote. If any councilmember or the mayor is present and eligible to vote on a matter and refuses to do so for a reason he or she will not disclose, he or she shall be deemed to have voted with the majority of the votes of the other councilmembers on the issue involved, provided that if there is a tie in the vote of the voting councilmembers, then the mayor and each councilmember shall be required to vote unless he or she discloses a reason for not voting. The mayor shall have one vote on all matters brought before the council. (c) The following types of actions require an ordinance in order to have the force of law:
(1) Adopt or amend an administrative code or establish, alter, or abolish a department, office not specified in this charter, or agency; (2) Provide for a fine or other penalty; (3) Levy taxes; (4) Grant, renew, or extend a franchise; (5) Regulate a rate for a public utility; (6) Authorize the borrowing of money; (7) Convey, lease, or encumber city land; (8) Regulate land use and development; (9) Amend or repeal an ordinance already adopted; and (10) Propose and vote on a budget for the fiscal year and to authorize a budget plan for a term beyond the current fiscal year. (d) The city council shall establish by ordinance procedures for convening emergency meetings. In an emergency, an ordinance may be passed without notice or hearings if the city council passes the ordinance by a three-fourths' vote; provided, however, that the city council shall not in an emergency meeting: (1) Levy taxes; (2) Grant, renew, or extend a franchise; (3) Regulate a rate for a public utility; or (4) Borrow money.
SECTION 2.11. General power and authority of the city council.
(a) Except as otherwise provided by law or by this charter, the city council shall be vested with all the powers of government of the City of Tucker as provided in Article I of this charter. (b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Tucker and may enforce such ordinances by imposing penalties for violation thereof.
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SECTION 2.12. Administrative and service departments.
(a) Except for the office of city manager and the positions provided for in this charter, the city council, by ordinance, may establish, abolish, merge, or consolidate offices not specified in this charter, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The city council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies created or established under this charter; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and city council.
SECTION 2.13. Prohibitions.
(a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is in conflict with or which is within the scope of the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others, except as required by law; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which he or she is engaged. As used in this paragraph, the term "valuable" means an amount determined by the city council; provided, however, that the amount shall not exceed $150.00; or
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(5) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she or any member of his or her immediate family has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. As used in this subsection, the term "private financial interest" includes the interest of a spouse, child, or significant other or domestic partner. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose in writing such private interest, such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the city council shall hold any other elective city office or be employed by any city or county government during the term for which elected.
SECTION 2.14. Boards, commissions, and authorities.
(a) All members of boards, commissions, and authorities of the city shall be nominated by the mayor subject to confirmation by the city council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. If the city council does not approve of two consecutive nominations by the mayor for the same position, any councilmember may nominate such member subject to confirmation by the city council. (b) No member of any board, commission, or authority of the city shall hold any elective office in the city. Councilmembers and the mayor, however, may serve as ex officio members of such boards, commissions, or authorities, without a vote. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for original appointment, except as otherwise provided by this charter or any applicable law of the State of
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Georgia. (d) No member of a board, commission, or authority shall assume office until he or she shall have executed and filed with the designated officer of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the city council and administered by the mayor or a judicial officer authorized by law to administer oaths. (e) Any member of a board, commission, or authority may be removed from office by a vote of a majority of the councilmembers in accordance with state laws. (f) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or applicable state law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the designated officer of the city.
SECTION 2.15. Ordinance form; procedures.
(a) Every proposed ordinance and resolution shall be introduced in writing, and the city council shall have the authority to approve, disapprove, or amend such ordinance or resolution. A resolution may be passed at the time it is offered, but an ordinance shall not be adopted until the title of such ordinance shall have been read at two city council meetings, provided that the beginning of such meetings be not less than 24 hours nor more than 60 days apart. This requirement of two readings shall not apply to emergency ordinances, to ordinances passed during the first 90 days from the date on which the city begins operation, or to ordinances adopted at the first meeting of the initial city council as elected under subsection (b) of Section 2.02 of this charter. The catchlines of sections of this charter or any ordinance printed in boldface type, italics, or otherwise are intended as mere catchwords to indicate the contents of the section and:
(1) Shall not be deemed or taken to be titles of such sections or as any part of the section; and (2) Shall not be so deemed when any of such sections, including the catchlines, are amended or reenacted unless expressly provided to the contrary. Furthermore, the chapter, article, and section headings contained in this charter shall not be deemed to govern, limit, or modify or in any manner affect the scope, meaning, or intent of the provisions of any chapter, article, or section of this charter. (b) The city council may, by ordinance or resolution, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent councilmembers. Such rules may include punishment for contemptuous behavior conducted in the presence of the city council.
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SECTION 2.16. Submission of ordinances to the city clerk.
(a) Every ordinance, resolution, and other action adopted by the city council shall be presented to the city clerk within 15 days of its adoption or approval. The city clerk shall record upon the ordinance the date of its delivery from the city council. (b) An ordinance or resolution that has been passed by the city council shall become effective on the date the ordinance is passed by the city council or on such other date as may be specified in the ordinance.
ARTICLE III EXECUTIVE BRANCH
SECTION 3.01. Powers and duties of the mayor.
(a) The mayor shall: (1) Preside over all meetings of the city council; (2) Set the agenda for meetings of the city council after receiving input from members of the city council, the city manager, and the public; provided, however, that an additional item shall be added to the agenda upon the written request of any member of the city council, and name of the mayor or councilmember placing an item on the agenda shall be noted on the agenda; (3) Serve as the ceremonial head of the city and as its official representative to federal, state, and local government bodies and officials; (4) Sign all orders, checks, and warrants for payment of money within a level of authorization as established by the city council; (5) Execute all contracts, deeds, and other obligations of the city within a level of authorization as established by the city council; (6) Vote in all matters before the city council as provided in subsection (a) of Section 2.10 of this charter; (7) Make all appointments of city officers as provided by this charter, subject to confirmation by the city council; (8) Serve in a part-time capacity and be compensated accordingly; (9) Approve all raises or increases in compensation of city staff with the consent of the city council; and (10) Perform any other duties and exercise any other powers required by state or federal law or authorized by a duly adopted ordinance that is not in conflict with this charter.
(b) The mayor shall have the authority to certify that a supplemental appropriation is possible due to unexpected revenue increases but only with approval of the city council. (c) The mayor shall have all of the powers specifically granted to the mayor elsewhere in this charter regardless of whether such powers are enumerated in this section.
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SECTION 3.02. City manager; appointment and qualification.
The mayor shall nominate a person for the office of city manager, and the approval of the city council shall be required to make the appointment official. If the first proposed city manager is rejected by the city council, the mayor shall make a second appointment selection. If the city council rejects that second appointment selection, the city council shall offer a candidate for city manager and, by a majority vote, send the appointee to the mayor for approval. If the mayor vetoes or does not approve, a second vote of a twothirds' majority of the council shall be needed to approve the appointee for the position. The city council may offer as many candidates as needed until the required approval is achieved. The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her education and experience in the accepted competencies and practices of local government management.
SECTION 3.03. City manager; chief administrative officer.
The city manager shall be the chief administrative officer of the government of the city. The city manager shall devote all of his or her working time and attention to the affairs of the city and shall be responsible to the mayor and city council for the proper and efficient administration of the affairs of the city over which such officer has jurisdiction.
SECTION 3.04. City manager; powers and duties enumerated.
The city manager shall have the power, and it shall be his or her duty, to: (1) See that all laws and ordinances are enforced; (2) Propose a budget for city operations from a zero base with input from the actual expenditures of the city from the prior year; (3) Appoint and employ all necessary employees of the city, provided that the power of this appointment shall not include officers and employees who, by this charter, are appointed or elected by the mayor and the city council or departments not under the jurisdiction of the city manager; (4) Remove employees appointed and employed under paragraph (3) of this section, without the consent of the city council and without assigning any reason therefor; (5) Exercise supervision and control of all departments and all divisions created in this charter or that may hereafter be created by the city council except as otherwise provided in this charter or specified by the city council; (6) Attend all meetings of the city council, without a right to vote, but with a right to take part in the discussions as seen fit by the chairperson; provided, however, that regardless of the decision of the meeting chairperson, the city manager may take part
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in any discussion and report on any matter requested and approved by the city council at such meeting. The city manager shall be entitled to notice of all special meetings; (7) Recommend to the city council for adoption such measures as the city manager may deem necessary or expedient; (8) See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and, upon knowledge of any violation thereof, to call the same to the attention of the city attorney, whose duty it shall be forthwith to take such steps as are necessary to protect and enforce the same; (9) Make and execute all lawful contracts on behalf of the city as to matters within the city manager's level of authorization as established by the city council to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no contract purchase or obligation requiring a budget amendment shall be valid and binding until after approval of the city council; (10) Sign all orders, checks, and warrants for payment of money within the city manager's level of authorization as established by the city council to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no such order, check, or warrant requiring a budget amendment shall be valid and binding until after approval of the city council; (11) Act as budget officer to prepare and submit to the city council, after review and comment by the mayor, prior to the beginning of each fiscal year, a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts allotted to each department of the city government and the reasons for such estimated expenditures; (12) Keep the city council at all times fully advised as to the financial condition and needs of the city; (13) Make a full written report to the city council on the fifteenth of each month showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of such reports shall be published by the city clerk; (14) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; (15) Shall have the authority to transfer appropriations within a department, fund, service, strategy, or organizational unit, but only with the approval of the city council; and (16) Perform such other duties as may be prescribed by this charter or required by ordinance or resolution of the city council.
SECTION 3.05. City council interference with administration.
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Except for the purpose of inquiries and investigations under Section 2.08 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction or supervision of the city manager solely through the city manager or a designated agent, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.
SECTION 3.06. City manager; removal.
(a) The mayor and city council may remove the city manager from office for any reason in accordance with the following procedures:
(1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution removing the city manager and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, he or she may file with the city council a written request for a public hearing. This hearing shall be held at a city council meeting not earlier than 15 days nor later than 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing; and (3) The city council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of four of its members at any time after five days from the date when a copy of preliminary resolution was delivered to the city manager, if he or she has not requested a public hearing, or at any time after the public hearing if he or she has requested one. (b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of his or her removal. The action of the city council in suspending or removing the city manager shall not be subject to review by any court or agency. (c) If the city manager is suspended in accordance with subsection (a) of this section or becomes disabled and is unable to carry out the duties of the office or if the city manager dies, the acting city manager shall perform the duties of the city manager until the city manager's disability is removed or until the city manager is replaced. Removal of the city manager because of disability shall be carried out in accordance with the provisions of subsection (a) of this section.
SECTION 3.07. Acting city manager.
(a) The mayor with the approval of the city council may appoint any person to exercise all powers, duties, and functions of the city manager during the city manager's suspension under subsection (a) of Section 3.06 of this charter, temporary absence from the city, or during the city manager's disability.
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(b) In the event of a vacancy in the office of city manager, the mayor may designate with the approval of the city council a person as acting city manager, who shall exercise all powers, duties, and functions of the city manager until a city manager is appointed.
SECTION 3.08. City attorney.
The city council shall appoint the city attorney or attorneys, together with such assistant city attorneys as may be deemed appropriate, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The rates or salary paid to any city attorney or assistant city attorney shall be approved in advance by the city council. The city attorney or attorneys shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court if the city elects to create a municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, other officers, and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of his or her position as city attorney. Except as provided in this charter, the city attorney or attorneys shall review and sign all contracts and documents that bind the city but shall not have the power to bind the city. In a conflict between the mayor and the city council, the city attorney shall engage a separate outside firm to represent the interests of the city council and mayor, respectively. Notwithstanding any law or ordinance to the contrary, the city attorney shall not represent the interest of the city council or the mayor against the other. Unless the litigation allegations specify individual wrongdoing by an individual member of the city council or the mayor, the outside firm shall be able to represent the entity rather than the individual and separate attorneys for the individuals of the city council shall not be necessary.
SECTION 3.09. City clerk.
The city council shall appoint a city clerk to keep a journal of the proceedings of the city council; to maintain in a safe place all records and documents pertaining to the affairs of the city; and to perform such duties as may be required by law or ordinance or as the mayor or city manager may direct.
SECTION 3.10. Tax collector.
The mayor may appoint a tax collector, subject to confirmation by the city council, to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city; and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.
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SECTION 3.11. City accountant.
The city council shall appoint a city accountant to perform the duties of an accountant.
SECTION 3.12. City internal auditor.
The city council shall appoint an internal auditor to audit the financial records and expenditures of city funds and to report the results of such audits in writing to the city council at times and intervals set by the city council but no less than quarterly. Such audit reports shall, at a minimum, identify all city expenditures and other financial matters that the internal auditor either determines are not in compliance with or cannot conclusively be determined to be in compliance with: (1) the provisions of this charter; (2) the applicable city budget; and (3) applicable ordinances, resolutions, or other actions duly adopted or approved under the provisions of this charter.
SECTION 3.13. Consolidation of functions.
The city manager, with the approval of the city council, may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions, or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The city manager may also, with the approval of the city council, perform all or any part of the functions of any of the positions or offices in lieu of the appointment of other persons to perform the same.
SECTION 3.14. Position classification and pay plans; employment at will.
The city manager shall be responsible for the preparation of a position classification and a pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the City of Tucker and any of its agencies and offices. When a pay plan has been adopted by the city council, neither the city council nor the city manager shall increase or decrease the salaries of individual employees except in conformity with such pay plan or pursuant to an amendment of such pay plan duly adopted by the city council. Except as otherwise provided in this charter, all employees of the city shall be subject to removal or discharge, with or without cause, at any time.
ARTICLE IV MUNICIPAL COURT
SECTION 4.01. Creation.
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The city council may establish by ordinance a court to be known as the Municipal Court of the City of Tucker which shall have jurisdiction and authority to try offenses against the laws and ordinances of such city and to punish for a violation of such laws or ordinances. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law, including ordinances of the city; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before such court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which, under the laws of Georgia, are placed within the jurisdiction of municipal courts to the extent of, and in accordance with, the provisions of such laws and all laws subsequently enacted amendatory thereof. Such court shall be presided over by a judge of such court pursuant to Chapters 32 through 45 and 60 through 76 of Title 36 of the O.C.G.A. The provisions of this article shall apply only upon the creation of the municipal court.
SECTION 4.02. Judges.
(a) There shall be at least one judge of the municipal court and that judge shall be designated as the chief judge with the authority to direct the court calendar, recommend associate judges to the city council, sit in presiding matters, discipline the city solicitors, and enforce all the powers of a judicial officer pursuant to Chapter 1 of Title 15 of the O.C.G.A. (b) No person shall be qualified or eligible to serve as a judge unless he or she shall have attained the age of 28 years and shall have been a member of the State Bar of Georgia for a minimum of seven years. The judge or judges shall be nominated by the mayor subject to approval by the city council. The compensation and number of the judges shall be fixed by the city council. (c) Before entering on duties of his or her office, a judge shall take an oath before an officer duly authorized to administer oaths in this state declaring that he or she will truly, honestly, and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council. (d) A judge shall serve for a term of four years but may be removed from the position by a two-thirds' vote of the entire membership of the city council or shall be removed upon action by the State Judicial Qualifications Commission for:
(1) Willful misconduct in office; (2) Willful and persistent failure to perform duties; (3) Habitual intemperance; (4) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or (5) Disability seriously interfering with the performance of duties, which is, or is likely to become, of a permanent character.
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SECTION 4.03. Convening.
The municipal court shall be convened at such times as designated by ordinance or at such times as deemed necessary by the judge to keep current the dockets thereof.
SECTION 4.04. Jurisdiction; powers.
(a) The municipal court shall try and punish for crimes against the City of Tucker and for violations of its ordinances. The municipal court may fix punishment for offenses within its jurisdiction to the fullest extent allowed by state law. (b) The municipal court shall have authority to recommend to the city council for approval a schedule of fees to defray the cost of operation. (c) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as security for appearances of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited to the judge presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City of Tucker, or the property so deposited shall have a lien against it for the value forfeited. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears, by probable cause, that a state law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of such court. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The municipal court is specifically vested with all of the judicial jurisdiction and judicial powers throughout the entire area of the City of Tucker granted by state laws generally to municipal courts, and particularly by such laws as authorize the abatement of nuisances.
SECTION 4.05. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained
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under the sanction of a judge of the Superior Court of DeKalb County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.06. Rules for court.
With the approval of the city council, the judge or judges shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court.
ARTICLE V FINANCE AND FISCAL
SECTION 5.01. Fiscal year.
The city council shall set the fiscal year by ordinance. Such fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department or institution, agency, and activity of the city government, unless otherwise provided by state or federal law.
SECTION 5.02. Preparation of budgets.
The city council shall provide, by ordinance, the procedures and requirements for the preparation and execution of an annual operating budget and a capital budget, including requirements as to the scope, content, and form of such budgets and programs.
SECTION 5.03. Submission of operating budget to city council.
(a) On or before a date fixed by the city council, but not later than the first day of the ninth month of the fiscal year currently ending, the city manager shall, after input, review, and comment by the mayor, submit to the city council a proposed operating budget and capital budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor and city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as they may deem pertinent. The operating budget, the capital budget, the budget message, and all supporting documents shall be filed in the office of the city manager and shall be open to public inspection. (b) Prior to passage of the budget, the city council shall hold a special public hearing at which the budget shall be presented and public comment on the budget shall be solicited.
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The date, time, and place of the special public hearing shall be announced no less than 30 days prior to the scheduled date for such hearing. (c) All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made. When a supplemental appropriation is certified by the city manager to exist, these appropriations may be spent during the current fiscal year following passage of a supplemental appropriation ordinance.
SECTION 5.04. Action by city council on budget.
(a) The city council may amend the operating budget or capital budget proposed by the city manager in accordance with subsection (a) of Section 5.03 of this charter, except that the budget, as finally amended and adopted, shall provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year; and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund. (b) The city council shall adopt a budget on or before the first day of the eleventh month of the fiscal year currently ending. If the city council fails to adopt the budget by the prescribed deadline, the operating budget and capital budget proposed by the mayor and city manager shall be adopted without further action by the city council.
SECTION 5.05. Procurement and property management.
No contract with the city shall be binding on the city unless it is in writing. The city council may adopt procedures for the authorization of certain contracts without the city attorney's signature or city council approval. Absent the foregoing, no contract with the city shall be binding on the city unless:
(1) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (2) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings.
SECTION 5.06. Purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 5.07. External audits.
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(a) There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. (b) As a minimum, all audits and budgets of the city shall satisfy the requirements of Chapter 81 of Title 36 of the O.C.G.A., relating to local government audits and budgets. (c) The city council shall appoint the external auditor.
SECTION 5.08. Homestead exemption; freeze.
(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Tucker, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this section is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include not more than five contiguous acres of homestead property.
(b) Each resident of the City of Tucker is granted an exemption on that person's homestead from City of Tucker ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is added to or removed from the homestead, the base year assessed value shall be adjusted to reflect such addition or removal, and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Tucker, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Tucker, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Tucker, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be
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necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Tucker, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017.
SECTION 5.09. Homestead exemption; senior citizens; disabled.
(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Tucker, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means Georgia taxable net income determined pursuant to Chapter 7 of Title 48 of the O.C.G.A., as amended, for state income tax purposes, except income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and such individual's spouse under the federal Social Security Act. Income from such sources in excess of such maximum amount shall be included as income for the purposes of this charter. (4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made.
(b) Each resident of the City of Tucker who is disabled or is a senior citizen is granted an exemption on that person's homestead from City of Tucker ad valorem taxes for municipal purposes in the amount of $14,000.00 of the assessed value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead, does not exceed $15,000.00 for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation.
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(c)(1) In order to qualify for the exemption provided for in subsection (b) of this section due to being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that, in the opinion of such physician or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Tucker, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Tucker, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Tucker, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Tucker, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017.
SECTION 5.10. Homestead exemption; general.
(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Tucker, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness.
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(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b) Each resident of the City of Tucker is granted an exemption on that person's homestead from City of Tucker ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Tucker, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Tucker, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Tucker, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Tucker, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017.
SECTION 5.11. Homestead exemption; surviving spouses.
(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Tucker, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended.
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(3) "Unremarried surviving spouse" of a member of the armed forces includes the unmarried widow or widower of a member of the armed forces who is receiving spousal benefits from the United States Department of Veterans Affairs. (b) Any person who is a resident of the City of Tucker and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in or has died as a result of any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, shall be granted a homestead exemption from all City of Tucker ad valorem taxation for municipal purposes in the amount of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended. As of January 1, 2013, the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended, is $50,000.00. The exemption shall be on the homestead which the unremarried surviving spouse owns and actually occupies as a residence and homestead. In the event such surviving spouse remarries, such person shall cease to be qualified to continue the exemption under this Act effective December 31 of the taxable year in which such person remarries. The value of all property in excess of such exemption granted to such unremarried surviving spouse shall remain subject to taxation. (c) In order to qualify for the exemption provided for in this Act, the unremarried surviving spouse shall furnish to the governing authority of the City of Tucker, or the designee thereof, documents from the Secretary of Defense evidencing that such unremarried surviving spouse receives spousal benefits as a result of the death of such person's spouse who as a member of the armed forces of the United States was killed or died as a result of a war or armed conflict while on active duty or while performing authorized travel to or from active duty during such war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, pursuant to the Survivor Benefit Plan under Subchapter II of Chapter 73 of Title 10 of the United States Code or pursuant to any preceding or subsequent federal law which provides survivor benefits for spouses of members of the armed forces who were killed or who died as a result of any war or armed conflict. (d) An unremarried surviving spouse filing for the exemption under this section shall be required to file with the governing authority of the City of Tucker, or the designee thereof, information relative to marital status and such other information which the governing authority of the City of Tucker, or the designee thereof, deems necessary to determine eligibility for the exemption. Each unremarried surviving spouse shall file for the exemption only once with the governing authority of the City of Tucker or the designee thereof. Once filed, the exemption shall automatically be renewed from year to year, except that the governing authority of the City of Tucker, or the designee thereof, may require annually that the holder of an exemption substantiate his or her continuing eligibility for the exemption. It shall be the duty of any person granted the homestead exemption under this section to notify the governing authority of the City of Tucker, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption.
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(e) The exemption granted by this section shall be in lieu of and not in addition to any other exemption from ad valorem taxation for municipal purposes which is equal to or lower in amount than such exemption granted by this section. If the amount of any other exemption from ad valorem taxation for municipal purposes applicable to any resident qualifying under this section is greater than or is increased to an amount greater than the amount of the applicable exemption granted by this section, such other exemption shall apply and shall be in lieu of and not in addition to the exemption granted by this section. (f) The exemptions granted by this section shall apply to all tax years beginning on or after January 1, 2017.
ARTICLE VI GENERAL PROVISIONS
SECTION 6.01. DeKalb county special services tax district.
For the taxable years beginning on or after January 1, 2016, the adjusted ad valorem tax millage rate and amount for service charges or fees for district services for the Tucker special services tax district shall be 0 percent. This section is enacted pursuant to the authority granted to the General Assembly under Section 1 of that local constitutional amendment providing that certain municipalities in DeKalb County shall constitute special services tax districts, Resolution Act No. 168; House Resolution No. 715-1916; Ga. L. 1978, p. 2468, to control the subject matter of such local constitutional amendment. Municipal services provided by DeKalb County for the City of Tucker shall be established through intergovernmental agreements or established as otherwise authorized by statute.
SECTION 6.02. Referendum and initial election.
(a) The election superintendent of DeKalb County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of Tucker for approval or rejection. The superintendent shall set the date of such election for the Tuesday after the first Monday in November, 2015. The superintendent shall issue the call for such election at least 60 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act incorporating the City of Tucker in DeKalb County ( ) NO according to the charter contained in the Act and the homestead
exemptions described in the Act be approved?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the
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votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in this charter, otherwise it shall be void and of no force and effect. The initial expense of such election shall be borne by DeKalb County. Within two years after the elections if the incorporation is approved, the City of Tucker shall reimburse DeKalb County for the actual cost of printing and personnel services for such election and for the initial election of the mayor and councilmembers pursuant to Section 2.02 of this charter. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State. (b) For the purposes of the referendum election provided for in subsection (a) of this section and for the purposes of the special election of the City of Tucker to be held on the date of and in conjunction with the 2016 presidential preference primary, the qualified electors of the City of Tucker shall be those qualified electors of DeKalb County residing within the corporate limits of the City of Tucker as described by Appendix A of this charter. At subsequent municipal elections, the qualified electors of the City of Tucker shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) Only for the purposes of holding and conducting the referendum election provided for by subsection (a) of this section and holding and conducting the special election of the City of Tucker to be held on the date of and in conjunction with the 2016 presidential preference primary, the election superintendent of DeKalb County is vested with the powers and duties of the election superintendent of the City of Tucker and the powers and duties of the governing authority of the City of Tucker.
SECTION 6.03. Effective dates and transition.
(a) The initial mayor and councilmembers shall take the oath of office the next business day after certification of the election of such officers and by action of any four members of the governing authority may, prior to the first day of the second month immediately following the 2016 presidential preference primary, meet and take actions binding on the city. (b) A period of time will be needed for an orderly transition of various government functions from DeKalb County to the City of Tucker. Accordingly, there shall be a twoyear transition period as allowed by law beginning at 12:01 A.M. on the first day of the second month immediately following the 2016 presidential preference primary. (c) During such transition period, DeKalb County shall continue to provide within the territorial limits of the city all government services and functions which DeKalb County provided in 2015 and at the same actual direct cost and level of service, except to the extent otherwise provided in this section; provided, however, that upon at least 30 days' prior written notice to the governing authority of DeKalb County by the governing authority of the City of Tucker, responsibility for any such service or function shall be transferred to the City of Tucker. The governing authority of the City of Tucker shall determine the date of commencement of collection of taxes, fees, assessments, fines and
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forfeitures, and other moneys within the territorial limits of the city and the date upon which the City of Tucker is considered removed from the special services tax district. (d) During the transition period, the governing authority of the City of Tucker may generally exercise any power granted by this charter or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. (e) During the transition period, all ordinances of DeKalb County shall remain applicable within the territorial limits of the city unless otherwise amended, repealed, or replaced by the City of Tucker. Any transfer of jurisdiction to the City of Tucker during or at the end of the transition period shall not in and of itself abate any judicial proceeding pending in DeKalb County or the pending prosecution of any violation of any ordinance of DeKalb County. (f) During the transition period, the governing authority of the City of Tucker may at any time, without the necessity of any agreement by DeKalb County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of the City of Tucker commencing to exercise its planning and zoning powers, the Municipal Court of the City of Tucker shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall control over any conflicting provisions of any other subsection of this section. (g) Effective upon the termination of the transition period, subsections (b) through (f) of this section shall cease to apply except for the last sentence of subsection (e) which shall remain effective. Effective upon the termination of the transition period, the City of Tucker shall be a full functioning municipal corporation and subject to all general laws of this state.
SECTION 6.04. Directory nature of dates.
It is the intention of the General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for providential cause or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing, it is specifically provided that, if it is not possible to hold the referendum election provided for in Section 6.02 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable. If the referendum election provided for in Section 6.02 of this Act is conducted on or before the Tuesday after the first Monday in November, 2015, the special election for the initial members of the governing authority shall be conducted on the date specified in Section 2.02 of this Act. If the referendum election provided for under Section 6.02 of this Act is
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conducted after the Tuesday after the first Monday in November, 2015, then the special election for the initial members of the governing authority shall be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly. If the first election provided for in Section 2.02 of this Act occurs after the date of the 2016 presidential preference primary, the city council shall be authorized to delay the dates otherwise specified in Section 6.03 of this Act.
SECTION 6.05. Charter commission.
No later than three years after the inception of the City of Tucker, the mayor and the city council shall call for a charter commission to review the city's experience and recommend to the General Assembly any changes to the charter. Members of the charter commission shall be appointed as follows: one member by the mayor, one member by the city council, and one member by each member of the Georgia House of Representatives and Georgia Senate whose district lies wholly or partially within the corporate boundaries of the City of Tucker. All members of the charter commission shall reside in the City of Tucker. The commission shall complete the recommendations within the time frame required by the city council.
SECTION 6.06. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6.07. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
APPENDIX A
LEGAL DESCRIPTION CORPORATE LIMITS CITY OF TUCKER, DEKALB COUNTY, GEORGIA
The corporate limits of the City of Tucker shall include the areas specified as follows unless such areas are within the corporate limits of another municipality on the effective date of this charter:
Plan: tucker-SD040-p1(corp)-2015 Plan Type: Local
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Administrator: SD040 User: bak
District TUCKER DeKalb County VTD: 089BF - BROCKETT ELEMENTARY VTD: 089BH - BROCKETT VTD: 089HA - HAMBRICK ELEM 021910: 3018 VTD: 089HG - HUGH HOWELL VTD: 089IA - IDLEWOOD ELEM VTD: 089JB - JOLLY ELEM 021805: 3018 022009: 2001 VTD: 089LV - LAWRENCEVILLE HIGH SCHOOL VTD: 089MH - MIDVALE ELEM 021809: 5000 5001 5002 5003 5004 5005 5009 5010 5011 5012 5013 5014 5015 021810: 2000 2001 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 VTD: 089MK - MONTREAL VTD: 089MM - MEMORIAL NORTH 021910: 3021 022009: 3014 VTD: 089MW - MIDVALE ROAD 021809: 5018 5019 5020 5022 021810: 2002 2003 2004 2005 2006 2019 2020 2021 VTD: 089NC - NORTH HAIRSTON 021910: 1000 2000 VTD: 089RD - REHOBOTH 021704: 1007 1008 1009 1010 1011 1012 1024 1025 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
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VTD: 089SD - STN MTN ELEMENTARY 021907: 1001 1008 1009 1010 1020 VTD: 089SH - SMOKE RISE VTD: 089SI - STN MTN MIDDLE VTD: 089SJ - STONE MILL ELEM 021911: 2002 021913: 3000 3002 3003 VTD: 089TF - TUCKER VTD: 089TH - TUCKER LIBRARY
For the purposes of this description, 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 the 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.
APPENDIX B
LEGAL DESCRIPTION COUNCIL DISTRICTS CITY OF TUCKER, DEKALB COUNTY, GEORGIA
Plan: tucker-SD040-p1(dist)-2015 Plan Type: Local Administrator: SD040 User: bak
District 001 DeKalb County VTD: 089BF - BROCKETT ELEMENTARY 021805: 3000 021806: 1000 1001 1002 1003 1007 1008 1009 1015 1016 1017 1018 1019 1021 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2027 2028 2031 3017 021912: 1004 1005 VTD: 089HG - HUGH HOWELL
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VTD: 089LV - LAWRENCEVILLE HIGH SCHOOL 021806: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3018 3019 3020 VTD: 089NC - NORTH HAIRSTON 021910: 1000 VTD: 089SD - STN MTN ELEMENTARY 021907: 1001 1008 1009 1010 1020 VTD: 089SH - SMOKE RISE VTD: 089SI - STN MTN MIDDLE 021805: 3002 3003 3007 3008 021806: 2026 2029 2030 021907: 3026 021910: 3000 3001 3002 3003 3004 3005 021911: 2000 2001 021913: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 VTD: 089SJ - STONE MILL ELEM 021911: 2002 021913: 3000 3002 3003
District 002 DeKalb County VTD: 089BF - BROCKETT ELEMENTARY 021805: 1009 1010 1013 1014 1016 1017 3001 3009 021806: 1004 1006 1010 1011 1012 1013 1014 1020 1022 VTD: 089BH - BROCKETT 021805: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1011 1012 1015 1018 1019 1020 1021 1022 1023 1024 1025 1026 2000 2001 2002
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2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 3019 021806: 1005 022009: 3007 3008 VTD: 089HA - HAMBRICK ELEM 021910: 3018 VTD: 089IA - IDLEWOOD ELEM VTD: 089JB - JOLLY ELEM 021805: 3018 022009: 2001 VTD: 089MK - MONTREAL 022001: 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 022007: 1000 1011 1012 022009: 1014 1015 2000 VTD: 089MM - MEMORIAL NORTH 021910: 3021 022009: 3014 VTD: 089NC - NORTH HAIRSTON 021910: 2000 VTD: 089SI - STN MTN MIDDLE 021805: 3004 3005 3020 3021 3022
District 003 DeKalb County VTD: 089BH - BROCKETT 021805: 2003 2004 2005 2006 2007 021809: 2038 2039 2040
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021810: 3023 3030 3031 3034 3035 VTD: 089LV - LAWRENCEVILLE HIGH SCHOOL 021806: 3015 3016 021809: 1004 1005 1006 1008 2000 2001 2002 2003 2004 2005 2006 2011 2012 2022 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 VTD: 089MH - MIDVALE ELEM 021809: 5000 5001 5002 5003 5004 5005 5009 5010 5011 5012 5013 5014 5015 021810: 2000 2001 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 VTD: 089MK - MONTREAL 021704: 1000 1001 1002 1003 1004 1005 1006 2000 2001 2002 2003 2004 VTD: 089MW - MIDVALE ROAD 021809: 5018 5019 5020 5022 021810: 2002 2003 2004 2005 2006 2019 2020 2021 VTD: 089RD - REHOBOTH 021704: 1007 1008 1009 1010 1011 1012 1024 1025 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 VTD: 089TF - TUCKER VTD: 089TH - TUCKER LIBRARY
For the purposes of this plan (tucker-p1-2015): (1) The term "VTD" shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; (2) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia; (3) Any part of the City of Tucker which is not included in any district described in this plan (tucker-p1-2015) shall be included within that district contiguous to such
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part which contains the least population according to the United States decennial census of 2010 for the State of Georgia; (4) Any part of the City of Tucker which is described in this plan (tucker-p1-2015) 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; and (5) Any part of the City of Tucker which is described in this plan but is in the corporate limits of another municipality on the effective date of this Act shall nevertheless not be included in any of the districts described in the plan.
APPENDIX C
CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION
I, Representative Billy Mitchell, Georgia State Representative from the 88th District and the author of this bill introduced at the 2015 session of the General Assembly of Georgia, which grants an original municipal charter to the City of Tucker, do hereby certify that this bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. in that the area embraced within the original incorporation in this bill is in all respects in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. This certificate is executed to conform to the requirements of Code Section 36-31-5 of the O.C.G.A.
So certified this ___________ day of ________________, 2015. ____________________________________ Honorable Billy Mitchell Representative, 88th District Georgia State House of Representatives
Representative Mitchell of the 88th moved that the House disagree to the Senate substitute to HB 515.
Representative Jacobs of the 80th moved that HB 515 be placed upon the table.
On the motion, the roll call was ordered and the vote was as follows:
N Abrams N Alexander E Allison N Anderson Y Atwood
E Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins
Y Meadows N Mitchell Y Morris N Mosby E Nimmer
N Smith, E E Smith, L Y Smith, M Y Smith, R N Smyre
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Y Ballinger Y Barr Y Battles E Beasley-Teague N Bell Y Belton
Bennett N Bentley Y Benton Y Beskin N Beverly
Broadrick N Brockway N Brooks N Bruce
Bryant N Buckner Y Burns N Caldwell, J N Caldwell, M N Cantrell Y Carson N Carter E Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman E Cooke
Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon N Dukes E Dunahoo N Duncan N Ealum Y Efstration
Ehrhart Y England Y Epps N Evans Y Fleming Y Floyd N Fludd N Frazier N Frye
Gardner Y Gasaway E Geisinger N Glanton E Golick N Gordon N Gravley
Greene Y Hamilton
N Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston E Howard N Hugley E Jackson Y Jacobs N Jasperse Y Jones, J Y Jones, J.B.
Jones, L E Jones, S E Jordan N Kaiser Y Kelley N Kendrick N Kidd E Kirby Y Knight N LaRiccia Y Lumsden N Mabra N Marin E Martin Y Maxwell N Mayo N McCall N McClain
Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold
Powell, A Y Powell, J N Prince Y Pruett N Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C E Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper N Shaw E Sims
N Spencer N Stephens, M Y Stephens, R N Stephenson N Stovall N Stover Y Strickland Y Tankersley
Tanner N Tarvin Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. E Thomas, E N Trammell N Turner N Waites N Watson Y Welch Y Weldon Y Werkheiser N Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C N Williams, E Y Williamson N Yates
Ralston, Speaker
On the motion, the ayes were 81, nays 67.
The motion prevailed.
HB 320. By Representatives Williams of the 119th, Ramsey of the 72nd, Carter of the 175th, Hatchett of the 150th, Peake of the 141st 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 provide that public disclosure of certain records held by the Georgia Student Finance Commission, the Georgia Higher Education Assistance Corporation, and the Georgia Student Finance Authority is not required; to provide, without judicial action, for the garnishment of pay, loss of a professional license, offset of lottery winnings, and offset of a state tax refund for amounts owed to the Georgia Student Finance Commission and the Georgia Student Finance Authority; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
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The following Senate amendments were read:
Senate Amendment #1
The Senate moves to amend HB 320 (LC 41 0384) by replacing lines 18, 42, and 56 with the following: address except for ZIP Code, telephone number, or emergency contact; and
Senate Amendment #2
The Senate moves to amend HB 320 (LC 41 0384) by replacing lines 5 through 8 with the following: provide for related matters; to repeal conflicting laws; and for other purposes.
By replacing "two new subsections" with "a new subsection" on lines 14 and 52.
By inserting a quotation mark at the end of line 24 and deleting lines 25 through 34.
By inserting a quotation mark at the end of line 62 and deleting lines 63 through 72.
The following amendment was read and adopted:
Representative Williams of the 119th offers the following amendment:
Amend the Senate amendment to HB 320 by deleting all of the following from said amendment:
Amend HB 320 (LC 41 0384) by replacing lines 5 through 8 with the following: provide for related matters; to repeal conflicting laws; and for other purposes.
By replacing "two new subsections" with "a new subsection" on lines 14 and 52.
By inserting a quotation mark at the end of line 24 and deleting lines 25 through 34.
By inserting a quotation mark at the end of line 62 and deleting lines 63 through 72.
Representative Williams of the 119th moved that the House agree to the Senate amendments, as amended by the House, to HB 320.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander E Allison
E Coomer Y Cooper Y Corbett
Y Harbin Y Harden Y Harrell
Y Meadows Y Mitchell Y Morris
Y Smith, E E Smith, L
Smith, M
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3729
Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly
Broadrick Y Brockway Y Brooks Y Bruce
Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter E Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman E Cooke
E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey
Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Ealum Y Efstration
Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye
Gardner Y Gasaway E Geisinger Y Glanton E Golick Y Gordon Y Gravley
Greene Y Hamilton
Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston E Howard Y Hugley E Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L E Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd E Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin E Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Mosby E Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C E Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw E Sims
Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 148, nays 0.
The motion prevailed.
The following Resolutions of the House were read and adopted:
HR 843. By Representatives Burns of the 159th, Hitchens of the 161st and Stephens of the 164th:
A RESOLUTION recognizing and commending Mrs. Karen Tanksley on the grand occasion of her retirement; and for other purposes.
HR 844. By Representatives Greene of the 151st, Harden of the 148th, Smith of the 70th and Williams of the 119th:
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A RESOLUTION recognizing and commending Mr. William T. Potter, Jr. on the occasion of his retirement from the Department of Natural Resources; and for other purposes.
HR 845. By Representative Thomas of the 56th:
A RESOLUTION commending Frederick Douglass High School's Class of 1970; and for other purposes.
HR 846. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
A RESOLUTION commending the Exchange Club of Rome and its Americanism Committee for the community service project they sponsored to commemorate the 200th anniversary of the Star-Spangled Banner; and for other purposes.
HR 847. By Representatives Stovall of the 74th, Smyre of the 135th, Thomas of the 56th, Bruce of the 61st and Waites of the 60th:
A RESOLUTION commending Lovett Stovall; and for other purposes.
HR 848. By Representatives Thomas of the 56th, McClain of the 100th and Brooks of the 55th:
A RESOLUTION honoring the life and memory of Othello Nelson "Chico" Renfroe, Sr.; and for other purposes.
HR 849. By Representatives Hugley of the 136th, Buckner of the 137th, Smith of the 134th, Smyre of the 135th and Pezold of the 133rd:
A RESOLUTION congratulating Dr. George W. Shannon upon the grand occasion of his retirement; and for other purposes.
HR 850. By Representative Dudgeon of the 25th:
A RESOLUTION honoring the life and memory of Christopher Edward Carlton; and for other purposes.
HR 851. By Representatives Stephens of the 165th, Gordon of the 163rd, Hitchens of the 161st, Stephens of the 164th, Petrea of the 166th and others:
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A RESOLUTION congratulating the H. V. Jenkins High School basketball team on winning the 2015 GHSA Class 1-AAA State Championship; and for other purposes.
HR 852. By Representatives Fludd of the 64th, Bruce of the 61st, Mitchell of the 88th, Mosby of the 83rd and Alexander of the 66th:
A RESOLUTION commending the Association for the Study of African American Life and History (ASALH) for its 100th anniversary; and for other purposes.
HR 855. By Representative Mitchell of the 88th:
A RESOLUTION commending the Stephenson High School Lady Jaguars basketball team on winning the GHSA Class AAAAA state championship; and for other purposes.
HR 856. By Representatives Dickson of the 6th, Broadrick of the 4th and Meadows of the 5th:
A RESOLUTION congratulating the Dalton State College basketball team for winning the 2015 NAIA national championship game; and for other purposes.
HR 857. By Representatives Dickson of the 6th, Broadrick of the 4th and Meadows of the 5th:
A RESOLUTION congratulating the Dalton State College basketball team for winning the 2015 NAIA national championship game; and for other purposes.
HR 858. By Representatives Dempsey of the 13th, Roberts of the 155th, Shaw of the 176th, Parrish of the 158th, Cooper of the 43rd and others:
A RESOLUTION recognizing May 14, 2015, as Atrial Fibrillation Day at the state capitol; and for other purposes.
HR 859. By Representatives Kaiser of the 59th, Brooks of the 55th, Williams of the 168th, Smyre of the 135th, Randall of the 142nd and others:
A RESOLUTION honoring the life and memory of Curtis Lee Atkinson; and for other purposes.
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HR 860. By Representatives Oliver of the 82nd, Mosby of the 83rd, Jacobs of the 80th, Williams of the 87th, Bennett of the 94th and others:
A RESOLUTION commending the Junior League of DeKalb County; and for other purposes.
HR 861. By Representatives Oliver of the 82nd, Mosby of the 83rd, Jacobs of the 80th, Williams of the 87th, Bennett of the 94th and others:
A RESOLUTION commending Day League, formerly known as the DeKalb Rape Crisis Center; and for other purposes.
Representative Waites of the 60th moved that the following Bill of the House be withdrawn from the Committee on Education and recommitted to the Committee on Juvenile Justice:
HB 40. By Representatives Waites of the 60th, Scott of the 76th, Jones of the 53rd, Brooks of the 55th and Stovall of the 74th:
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 revise provisions relating to bullying; to prohibit bullying and harassment of students and school employees; to require annual reporting of bullying and harassment incidents; to provide for definitions; to provide for requirements for local boards of education, state charter schools, and private schools; to provide for requirements for the Department of Education; to provide for statutory construction; to provide for legislative findings; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 216. By Senators Tippins of the 37th, Hill of the 32nd, Rhett of the 33rd, Tate of the 38th and Thompson of the 14th:
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A BILL to be entitled an Act to amend an Act entitled "An Act to reincorporate and provide a new charter for the City of Acworth," approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4736), an Act approved April 17, 1992 (Ga. L. 1992, p. 6445), an Act approved March 30, 1993 (Ga. L. 1993, p. 4245), and an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 322), so as to adopt by reference a certain map; to repeal conflicting laws; and for other purposes.
SB 217. By Senators Tippins of the 37th, Hill of the 32nd, Rhett of the 33rd, Tate of the 38th and Thompson of the 14th:
A BILL to be entitled an Act to amend an Act entitled "An Act to reincorporate and provide a new charter for the City of Acworth," approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4736), an Act approved April 17, 1992 (Ga. L. 1992, p. 6445), an Act approved March 30, 1993 (Ga. L. 1993, p. 4245), and an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 322), so as to change the corporate boundaries; to repeal conflicting laws; and for other purposes.
SB 232. By Senators Tippins of the 37th, Thompson of the 14th, Hill of the 6th, Tate of the 38th and Rhett of the 33rd:
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 April 10, 2014 (Ga. L. 2014, p. 4102), 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.
SB 233. By Senators Tippins of the 37th, Thompson of the 14th, Hill of the 6th, Tate of the 38th and Rhett of the 33rd:
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 April 10, 2014 (Ga. L. 2014, p. 4267), so as to change the compensations of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
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SB 237. By Senator Gooch of the 51st:
A BILL to be entitled an Act to provide for the compensation of the members of the Board of Education of White County; to repeal conflicting laws; and for other purposes.
SB 238. By Senator Burke of the 11th:
A BILL to be entitled an Act to create the Bainbridge-Decatur County Recreation Authority and to authorize such authority to provide recreational services throughout Decatur County; to provide for related matters; to provide for activation of the authority; 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 131. By Representatives Dickerson of the 113th, Drenner of the 85th, Waites of the 60th, Thomas of the 56th and Jones of the 53rd:
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 prohibit cyberbullying; to provide for related matters; to provide for a short title; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
HB 328. By Representatives Efstration of the 104th, Coomer of the 14th, Nimmer of the 178th, Dickey of the 140th, Golick of the 40th and others:
A BILL to be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10, Code Sections 17-10-7 and 42-9-45, Chapter 1 of Title 43, and Code Section 49-4-15 of the O.C.G.A., relating to the "Fair Business Practices Act of 1975," repeat offenders and the State Board of Pardons and Paroles general rule-making authority, general provisions for professions and businesses, and fraud in obtaining public assistance, food stamps, or Medicaid; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 362. By Representatives Clark of the 101st, Cooper of the 43rd, Fleming of the 121st, Coleman of the 97th, Carter of the 175th and others:
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3735
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; 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 albuterol sulfate for schools; to authorize pharmacists to fill such prescriptions; 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 255. By Representatives Cheokas of the 138th, Sims of the 123rd, Williams of the 119th, Greene of the 151st, Nimmer of the 178th and others:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to state purchasing, so as to require equal credits be given to certain forestry certification systems when using green building standards in state construction, operation, repair, and renovation projects; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the Senate were introduced, read the first time and referred to the Committees:
SB 216. By Senators Tippins of the 37th, Hill of the 32nd, Rhett of the 33rd, Tate of the 38th and Thompson of the 14th:
A BILL to be entitled an Act to amend an Act entitled "An Act to reincorporate and provide a new charter for the City of Acworth," approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4736), an Act approved April 17, 1992 (Ga. L. 1992, p. 6445), an Act approved March 30, 1993 (Ga. L. 1993, p. 4245), and an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 322), so as to adopt by reference a certain map; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 217. By Senators Tippins of the 37th, Hill of the 32nd, Rhett of the 33rd, Tate of the 38th and Thompson of the 14th:
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A BILL to be entitled an Act to amend an Act entitled "An Act to reincorporate and provide a new charter for the City of Acworth," approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4736), an Act approved April 17, 1992 (Ga. L. 1992, p. 6445), an Act approved March 30, 1993 (Ga. L. 1993, p. 4245), and an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 322), so as to change the corporate boundaries; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 232. By Senators Tippins of the 37th, Thompson of the 14th, Hill of the 6th, Tate of the 38th and Rhett of the 33rd:
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 April 10, 2014 (Ga. L. 2014, p. 4102), 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.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 233. By Senators Tippins of the 37th, Thompson of the 14th, Hill of the 6th, Tate of the 38th and Rhett of the 33rd:
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 April 10, 2014 (Ga. L. 2014, p. 4267), so as to change the compensations of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 237. By Senator Gooch of the 51st:
A BILL to be entitled an Act to provide for the compensation of the members of the Board of Education of White County; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
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3737
SB 238. By Senator Burke of the 11th:
A BILL to be entitled an Act to create the Bainbridge-Decatur County Recreation Authority and to authorize such authority to provide recreational services throughout Decatur County; to provide for related matters; to provide for activation of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
By unanimous consent, the following Bills of the House were postponed until the next legislative day:
HB 633. By Representatives Beskin of the 54th, Wilkinson of the 52nd, Golick of the 40th and Jacobs of the 80th:
A BILL to be entitled an Act to provide a homestead exemption from City of Atlanta independent school district ad valorem taxes for educational purposes in the amount of the assessed value of the homestead for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 670. By Representatives Mayo of the 84th, Oliver of the 82nd, Drenner of the 85th, Mosby of the 83rd, Mitchell of the 88th and others:
A BILL to be entitled an Act to provide for a homestead exemption from City of Decatur ad valorem taxes for municipal purposes except for ad valorem taxes levied to pay interest on and to retire municipal bonded indebtedness in the amount of $15,000.00 of the assessed value of the homestead for residents of that city who are 62 years of age or older and whose income does not exceed $50,000.00; 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 671. By Representatives Mayo of the 84th, Oliver of the 82nd, Drenner of the 85th, Mosby of the 83rd, Mitchell of the 88th and others:
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A BILL to be entitled an Act to repeal a former local constitutional amendment, Ga. L. 1981, p. 1914, which former local constitutional amendment was continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution of Georgia and which provides for a homestead exemption from certain city ad valorem taxes for residents of the City of Decatur in an amount to be fixed by the governing authority of the city at not more than $2,000.00 for the first year, and which may be increased periodically, but which exemption shall not exceed $10,000.00; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 672. By Representatives Mayo of the 84th, Oliver of the 82nd, Drenner of the 85th, Mosby of the 83rd, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend an Act approved March 27, 1985 (Ga. L. 1985, p. 4140), as amended, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4475), and by an Act approved April 13, 2001 (Ga. L. 2001, p. 4259), so as to provide for a homestead exemption from City of Decatur ad valorem taxes; 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 673. By Representatives Mayo of the 84th, Oliver of the 82nd, Drenner of the 85th, Mosby of the 83rd, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend an Act approved April 19, 2000 (Ga. L. 2000, p. 4285), so as modify the amount of a homestead exemption from City of Decatur ad valorem taxes for municipal purposes except for ad valorem taxes levied to pay interest on and to retire municipal bonded indebtedness in the amount of $25,000.00 of the assessed value of the homestead for residents of that city; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The following messages were received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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3739
HB 452. By Representatives Ballinger of the 23rd, Efstration of the 104th, Fleming of the 121st, Powell of the 32nd, Golick of the 40th and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the Family Violence and Stalking Protective Order Registry, so as to provide for registration of pretrial release orders that prohibit contact with others issued in this state and in foreign courts; to revise the short title; to revise definitions; to provide for conforming references to the defined terms; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 504. By Representatives Cooper of the 43rd, Broadrick of the 4th, Parrish of the 158th, Hawkins of the 27th, Stephens of the 164th and others:
A BILL to be entitled an Act to amend Code Section 31-12-3.2 of the Official Code of Georgia Annotated, relating to meningococcal disease vaccinations and disclosures, so as to revise provisions regarding vaccination against meningococcal disease of college students; to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to authorize the administration of vaccines by pharmacists or nurses pursuant to vaccine protocol agreements with physicians; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 394. By Representatives Cooper of the 43rd, Clark of the 101st, Hatchett of the 150th, Smith of the 134th, Rynders of the 152nd and others:
A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to revise various provisions relating to the licensure of registered professional nurses and licensed practical nurses; to revise provisions relating to the powers and duties of the Georgia Board of Nursing; to provide for acceptance of nursing education programs located outside the United States; to provide for a time period for applicants who do not pass the licensing examination; to revise provisions relating to renewal of licensure; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
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HB 551. By Representative Brockway of the 102nd:
A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salary deductions applicable to public officers and employees, so as to authorize local political subdivisions to provide for voluntary contributions by employees through payroll deductions to certain not for profit organizations; to provide for a definition; to authorize voluntary deductions from wages or salaries of employees of the State of Georgia and local units of administration for purchases of consumer offerings through an employee purchase program facilitated by and through the Department of Administrative Services; to change a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 432. By Representatives Raffensperger of the 50th, Willard of the 51st, Geisinger of the 48th, Brooks of the 55th, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory by municipal corporations, so as to provide that local Acts providing for the deannexation of property from a municipality and the annexation of the same property to another municipality which are effective on the same date do not create a prohibited unincorporated island; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 492. By Representatives Jasperse of the 11th, Powell of the 32nd, Meadows of the 5th, Hightower of the 68th, Ballinger of the 23rd and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to revise provisions regarding carrying in unauthorized locations; to amend Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, so as to provide for the disclosure of records relating to licensing and possession of firearms between the judges of the probate court; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate:
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SB 82. By Senators Wilkinson of the 50th, Ginn of the 47th, Gooch of the 51st, Williams of the 19th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 40-2-152 of the Official Code of Georgia Annotated, relating to fees and alternative ad valorem taxation of apportionable vehicles, so as to revise and change certain provisions regarding the distribution of alternative ad valorem tax proceeds; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendment to the following bill of the Senate:
SB 101. By Senators Watson of the 1st, Jackson of the 2nd, Ligon, Jr. of the 3rd, Williams of the 19th, Tolleson of the 20th and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to the control of soil erosion and sedimentation, so as to provide for a buffer against coastal marshlands within which certain land-disturbing activities are prohibited; to provide for exceptions and variances; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The Senate has disagreed to the House substitute to the following bill of the Senate:
SB 4.
By Senators Gooch of the 51st, Williams of the 19th, Mullis of the 53rd, Orrock of the 36th, Ginn of the 47th and others:
A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, relating to urban redevelopment for counties and municipal corporations, so as to provide for the use of surface transportation projects in urban redevelopment areas; to provide for definitions; to provide for public contracts with private enterprises for the completion of surface transportation projects; to provide for methods of procurement for surface transportation projects in urban redevelopment areas; to provide for limitations on former public employees when negotiating contracts for surface transportation projects; 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, A.M., Tuesday, March 31, 2015, and the motion prevailed.
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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, March 31, 2015.
TUESDAY, MARCH 31, 2015
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Representative Hall, Atlanta, Georgia
Tuesday, March 31, 2015
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 Alexander Anderson Atwood Ballinger Barr Battles Bell Belton Bennett Bentley Benton Beskin Beverly Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Cantrell Carson Carter Chandler Cheokas Clark, D Clark, H Clark, V Coleman
Cooke Corbett Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Dudgeon Dukes E Dunahoo Duncan Ealum Efstration Ehrhart England Epps Evans Fleming Fludd Frazier Frye Gardner Gasaway E Geisinger Glanton Gordon Gravley Harbin Harden Harrell
Hatchett Hawkins E Henson Hightower Hitchens Holcomb E Holmes Houston Howard Hugley Jackson Jasperse Jones, J Jones, J.B. Jones, L Jones, S Kaiser Kelley Kendrick Kidd Knight LaRiccia Lumsden Mabra Marin Martin Maxwell Mayo McCall McClain Meadows
Mitchell Nimmer Nix O'Neal Pak Parrish Parsons Petrea Pezold Powell, A Powell, J Prince E Pruett Quick Raffensperger Rakestraw Ramsey Randall Reeves Rice Roberts Rogers, C Rogers, T Rynders Scott Sharper Shaw Sims Smith, E Smith, L Smith, R
Smyre Spencer Stephens, M Stephens, R Stovall Stover Strickland Tankersley Tanner Tarvin Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner Waites Watson Welch Weldon Werkheiser 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 Allison of the 8th, Casas of the 107th, Drenner of the 85th, Golick of the 40th, Greene of the 151st, Hamilton of the 24th, Jacobs of the 80th, Jordan of the 77th, Kirby of the 114th, Mosby of the 83rd, Oliver of the 82nd, Peake of the 141st, and Rhodes of the 120th.
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They wished to be recorded as present.
Prayer was offered by Reverend Mike Franklin, Lead Pastor, The Torch Worship Center, Demorest, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, 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 685. By Representatives Strickland of the 111th, Duncan of the 26th, Welch of the 110th, Fleming of the 121st and Belton of the 112th:
A BILL to be entitled an Act to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, so as to add a new article relating to real property common interest communities and entities; to provide for a short title; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Judiciary.
HB 686. By Representatives Strickland of the 111th, Duncan of the 26th, Welch of the 110th, Fleming of the 121st and Belton of the 112th:
A BILL to be entitled an Act to amend Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to limitations of actions relative to breach of restrictive covenants, so as to provide for accrual periods of rights of action; to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, the "Georgia Condominium Act," so as to provide for the expansion of a condominium after the declarant's right to expand has expired; to provide for procedures; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 689. By Representative Martin of the 49th:
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, so as to provide that any person who becomes eligible to participate in such plans on or after July 1, 2016, shall pay a premium which reflects the entire cost of such coverage; to define certain terms; to amend Part 2 of Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees post-employment health benefit fund, so as to provide that any person who becomes eligible to participate in such fund on or after July 1, 2016, 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 Insurance.
HB 690. By Representative Carter of the 175th:
A BILL to be entitled an Act to amend Part 5 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of certain law enforcement officers in the Employees' Retirement System of Georgia, so as to provide that certain law enforcement officers may obtain creditable service in such retirement system under certain conditions; to define a certain term; to provide for the payment of the full actuarial value of obtaining such creditable service; to provide for application; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
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Referred to the Committee on Retirement.
HR 853. By Representative Bentley of the 139th:
A RESOLUTION honoring the life of Dr. Delores Felder and dedicating a bridge in her memory; and for other purposes.
Referred to the Committee on Transportation.
HR 854. By Representative Bentley of the 139th:
A RESOLUTION honoring the life of Mr. William Lee Brown and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 862. By Representative Marin of the 96th:
A RESOLUTION recognizing March 31, 2015, as Csar E. Chvez Day at the state capitol and honoring Mr. Chavez's birthday; and for other purposes.
Referred to the Committee on Governmental Affairs.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 679 HB 681 HB 683 HB 687 HR 810 HR 830 SB 216 SB 231 SB 233 SB 237
HB 680 HB 682 HB 684 HB 688 HR 811 SB 215 SB 217 SB 232 SB 236 SB 238
Representative Smith of the 134th District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
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Your Committee on Insurance has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 806 Do Pass
Respectfully submitted, /s/ Smith of the 134th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR TUESDAY, MARCH 31, 2015
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 39th Legislative Day as enumerated below:
DEBATE CALENDAR
Open Rule
None
Modified Open Rule
HR 71 HR 618 HR 767 SB 95
House Study Committee on the HOPE Scholarship Program Award Amount for Critical Fields of Study; create (Substitute) (HEd-Gordon-163rd) House Study Committee on Adult Day Services; create (Substitute) (HumR-Clark-101st) House Study Committee on Provision of Community Based Intellectual and Developmental Disability (IDD) services, including the NOW/COMP Medicaid Waiver Services; create (Substitute)(H&HS-Hightower-68th) Real Estate Brokers and Salespersons; provide for acceptance of funds in a separate, federally insured account at financial institution by such persons (B&B-Hamilton-24th) Williams-27th
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Modified Structured Rule
SB 8
SB 65 SB 89
SB 104 SB 108 SB 109 SB 125 SB 132
SB 154
SB 160 SR 7
Crimes and Offenses: children who have been sexually exploited; make provisions; create Safe Harbor for Sexually Exploited Children Fund Commission (Substitute)(JuvJ-Weldon-3rd) Unterman-45th Property; change provisions relating to an exemption (Substitute) (Judy-Jacobs-80th) Stone-23rd "Digital Classroom Act"; require instructional materials and content to be in digital or electronic format after a certain date (Substitute) (Ed-Brockway-102nd) Albers-56th State Depository Board; delete references to building and loan associations (GAff-Dickey-140th) Dugan-30th Insurance; provide the requirements for maintaining a risk management framework (Ins-Efstration-104th) Martin-9th Health; clarify the use and effectiveness of Physician Orders for LifeSustaining Treatment forms (Substitute)(H&HS-Cooper-43rd) Orrock-36th State Road and Tollway Authority; authorize the collection of tolls for the management of traffic flow (Substitute)(Trans-Clark-101st) Beach-21st "Quality Basic Education Act"; program for high school students to attend postsecondary institutions; provisions; 'Move on When Ready Act' (Substitute)(Ed-Nimmer-178th) Dugan-30th Public Order and Safety, Offenses Against; provide for law enforcement officials to record in private places/during execution of a search warrant (Substitute)(JudyNC-Pak-108th) Stone-23rd Alcoholic Beverages; revise penalties for a violation of Code Section 3-323 (Substitute)(JudyNC-Strickland-111th) Williams-27th (AM 39 0129) Safe Harbor for Sexually Exploited Children Fund; provide that General Assembly by law may impose additional penalties or fees for the offensesCA (Substitute)(JuvJ-Weldon-3rd) Unterman-45th
Structured Rule
SB 111 SB 122
Continuing Care Providers and Facilities; define certain terms; provide for a provider to offer continuing care at home (Substitute)(Ins-Jacobs-80th) Stone-23rd Revenue and Taxation; special purpose local option sales tax; provide for additional purpose for the use of the proceeds of tax (Substitute) (W&M-Rutledge-109th) Mullis-53rd
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
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Respectfully submitted, /s/ Meadows of the 5th
Chairman
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 133. By Senators Miller of the 49th, Tippins of the 37th, Jeffares of the 17th, Sims of the 12th, Beach of the 21st and others:
A BILL to be entitled an Act to amend Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the Education Coordinating Council, so as to provide for the establishment of the Opportunity School District; to provide for conforming amendments; to provide for related matters; to provide for contingent effectiveness; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Kidd of the 145th, Sharper of the 177th, Teasley of the 37th, Stephens of the 165th et al., Marin of the 96th, Dukes of the 154th, Bruce of the 61st, Welch of the 110th, Taylor of the 173rd, Harbin of the 122nd, and Taylor of the 79th.
Under the general order of business, established by the Committee on Rules, the following Bill and Resolutions of the House and Senate were taken up for consideration and read the third time:
HR 618. By Representatives Clark of the 101st, Benton of the 31st, Petrea of the 166th, Dempsey of the 13th, Chandler of the 105th and others:
A RESOLUTION creating the House Study Committee on Adult Day Services; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Creating the House Study Committee on Adult Day Services; and for other purposes.
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WHEREAS, Georgia's seniors are the fastest growing part of its population and as baby boomers continue to age, Georgia will require community based services to avoid seniors being unnecessarily placed in institutions; and
WHEREAS, adult day centers provide a coordinated program of professional services for adults in a community based group setting, whether the center is a social or a medical model; and
WHEREAS, adult day centers are designed to provide specific services to adults who need supervised care in a safe place outside the home during the day; and
WHEREAS, increasingly, adult day centers are serving persons following hospital, nursing home, and rehabilitation center discharge and persons with significant chronic care needs, hypertension, physical disability, cardiovascular disease, diabetes, mental illness, and developmental disability; and nearly half of all participants nationally have been diagnosed with Alzheimer's disease and other dementias; and
WHEREAS, the Georgia Department of Community Health is responsible for regulation and licensure of adult day centers and administration of Georgia's Medicaid program, including "waivered" services and the nonemergency transportation under which many seniors are served as Medicaid recipients; and
WHEREAS, the home and community based services programs in Georgia have seen an apparent decrease in referrals to and utilization of adult day services under both the Community Care Services Program and the SOURCE program; and
WHEREAS, the broker system and recent changes in Medicaid Non-Emergency Transportation have had a profound effect on clients of Georgia's adult day centers; and
WHEREAS, the federal Centers for Medicare and Medicaid Services has recently issued far-reaching rules further defining home and community based services, including those offered by adult day centers.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES: (1) Creation of House study committee. There is created the House Study Committee on Adult Day Services. (2) Members and officers. The committee shall be composed of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker shall also appoint an additional two nonlegislative members of the committee as follows: a consumer or family member of a consumer of an adult day health center licensed by the Georgia Department of Community Health and an operator of an adult day health center licensed by the Georgia Department of
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Community Health. The Speaker shall designate one of the legislative appointees as chairperson of the committee. (3) Powers and duties. The committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. (4) Meetings. The chairperson shall call all meetings of the committee. 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 powers, perform its duties, and accomplish the objectives and purposes of this resolution. (5) Allowances, expenses, and funding.
(A) The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. (B) Nonlegislative members of the committee shall receive a daily expense allowance in an amount the same as that specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated, as well as the mileage or transportation allowance authorized for state employees. (C) The allowances authorized by this resolution shall not be received by any member of the committee for more than five days. Funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives. (6) Report. (A) In the event the committee adopts any specific findings or recommendations that include suggestions for proposed legislation, the chairperson shall file a report of the same prior to the date of abolishment specified in this resolution, subject to subparagraph (C) of this paragraph. (B) In the event the committee adopts a report that does not include suggestions for proposed legislation, the chairperson shall file the report, subject to subparagraph (C) of this paragraph. (C) No report shall be filed unless the same has been approved prior to the date of abolishment specified in this resolution by majority vote of a quorum of the committee. A report so approved shall be signed by the chairperson of the committee and filed with the Clerk of the House of Representatives and the chairperson of the Federal and State Funded Health Care Financing Programs Overview Committee. (D) In the absence of an approved report, the chairperson may file with the Clerk of the House of Representatives a copy of the minutes of the meetings of the committee in lieu thereof. (7) Abolishment. The committee shall stand abolished on December 1, 2015.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
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On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Coomer Y Cooper Y Corbett
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 Ealum
Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson
Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin
Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince E Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T
Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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, by substitute, the ayes were 164, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
HR 767. By Representatives Hightower of the 68th, Dempsey of the 13th, McCall of the 33rd, Stephens of the 164th, Cooke of the 18th and others:
A RESOLUTION creating the House Study Committee on Provision of Community Based Intellectual and Developmental Disability (IDD) services,
TUESDAY, MARCH 31, 2015
3753
including the NOW/COMP Medicaid Waiver Services; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Creating the House Study Committee on Provision of Community Based Intellectual and Developmental Disability (IDD) services, including the NOW/COMP Medicaid Waiver Services; and for other purposes.
WHEREAS, Georgia's citizens with intellectual and developmental disabilities (IDD) are some of the most vulnerable of its population and these citizens need access to services, therefore requiring a seamless community based services system to address individuals' varied and often complex needs; and
WHEREAS, community based state funded and NOW/COMP Medicaid Waiver Services provide a coordinated program of professional services for individuals with IDD in community based settings; and
WHEREAS, these services are designed to provide for specific medical necessities in a safe, habitable setting; and
WHEREAS, community IDD services are regulated with multiple layers of costly administrative audits, compliance reviews, service monitoring, quality assessments, and other duplicative certifications; and
WHEREAS, those with IDD may have increasingly complex medical and significant chronic care needs with multiple physical disabilities, mental health issues, and a need for effective medication management support as well as behavioral support needs; and
WHEREAS, there is a shortage of licensed health care professionals (LPNs or RNs) to meet the needs of this population for medication administration, thereby attributing to burdensome and excessive cost incurred by providers to comply with the current proxy health caregiver policies; and
WHEREAS, the Georgia Department of Community Health is responsible for oversight of these services and the Georgia Department of Behavioral Health and Developmental Disabilities is responsible for administration of these services; and
WHEREAS, the home and community based services programs in Georgia have a waiting list of over 7,000 citizens; and
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WHEREAS, the home and community based services programs in Georgia have struggled to meet the needs of individuals with IDD and their families and respond to crisis; and
WHEREAS, the federal Centers for Medicare and Medicaid Services has recently issued additional rules further defining home and community based services.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES: (1) Creation of House study committee. There is created the House Study Committee on Provision of Community Based Intellectual and Developmental Disability (IDD) services, including the NOW/COMP Medicaid Waiver Services. (2) Members and officers. The committee shall be composed of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker shall also appoint an additional two nonlegislative members of the committee as follows: a consumer or family member of NOW/COMP Medicaid Waiver Services and a provider of NOW/COMP Medicaid Waiver Services through the Department of Behavioral Health and Developmental Disabilities. The Speaker shall designate one of the legislative appointees as chairperson of the committee. (3) Powers and duties. The committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. (4) Meetings. The chairperson shall call all meetings of the committee. 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 powers, perform its duties, and accomplish the objectives and purposes of this resolution. (5) Allowances, expenses, and funding. (A) The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. (B) Nonlegislative members of the committee shall receive a daily expense allowance in an amount the same as that specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated, as well as the mileage or transportation allowance authorized for state employees. (C) The allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. Funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives. (6) Report. (A) In the event the committee adopts any specific findings or recommendations that include suggestions for proposed legislation, the chairperson shall file a report of the same prior to the date of abolishment specified in this resolution, subject to subparagraph (C) of this paragraph.
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(B) In the event the committee adopts a report that does not include suggestions for proposed legislation, the chairperson shall file the report, subject to subparagraph (C) of this paragraph. (C) No report shall be filed unless the same has been approved prior to the date of abolishment specified in this resolution by majority vote of a quorum of the committee. A report so approved shall be signed by the chairperson of the committee and filed with the Clerk of the House of Representatives. (D) In the absence of an approved report, the chairperson may file with the Clerk of the House of Representatives a copy of the minutes of the meetings of the committee in lieu thereof. (7) Abolishment. The committee shall stand abolished on December 1, 2015.
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
Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D
Y Coomer Y Cooper Y Corbett
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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson
Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra
Marin Y Martin
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince E Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T
Rutledge Y Rynders Y Scott
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C
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Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Gordon Y Gravley Y Greene Y Hamilton
Y Maxwell Y Mayo Y McCall Y McClain
Setzler Y Sharper Y Shaw Y Sims
Y Williams, E Y Williamson Y Yates
Ralston, Speaker
On the adoption of the Resolution, by substitute, the ayes were 164, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
SB 122. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to the procedure for implementing a special purpose local option sales tax, so as to provide for an additional purpose for use of the proceeds of the tax; 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 48-8-111 of the Official Code of Georgia Annotated, relating to the procedure for implementing a special purpose local option sales tax, so as to provide for additional purposes for use of the proceeds of the tax; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to the procedure for implementing a special purpose local option sales tax, is amended by revising subsection (a) as follows:
"(a) Prior to the issuance of the call for the referendum and prior to the vote of a county governing authority within a special district to impose the tax under this part, such governing authority may enter into an intergovernmental agreement with any or all of the qualified municipalities within the special district. Any county that desires to have a tax under this part levied within the special district shall deliver or mail a written notice to the mayor or chief elected official in each qualified municipality located within the special district. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authorities of the county and of each qualified municipality are to meet to discuss the possible projects for inclusion in the referendum, including municipally owned or operated projects. The notice shall be delivered or
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mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for the referendum. Following such meeting, the governing authority of the county within the special district voting to impose the tax authorized by this part shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution or ordinance of the governing authority calling for the imposition of the tax. Such ordinance or resolution shall specify eligible expenditures identified by the county and any qualified municipality for use of proceeds distributed pursuant to subsection (b) of Code Section 48-8-115. Such ordinance or resolution shall also specify:
(1) The purpose or purposes for which the proceeds of the tax are to be used and may be expended, which purpose or purposes may consist of capital outlay projects located within or outside, or both within and outside, any incorporated areas in the county in the special district or outside the county, as authorized by subparagraph (B) of this paragraph for regional facilities, and which may include any of the following purposes:
(A) A capital outlay project consisting of road, street, and bridge purposes, which purposes may include sidewalks and bicycle paths; (B) A capital outlay project or projects in the special district and consisting of a courthouse; administrative buildings; a civic center; a local or regional jail, correctional institution, or other detention facility; a library; a coliseum; local or regional solid waste handling facilities as defined under paragraph (27.1) or (35) of Code Section 12-8-22, as amended, excluding any solid waste thermal treatment technology facility, including, but not limited to, any facility for purposes of incineration or waste to energy direct conversion; local or regional recovered materials processing facilities as defined under paragraph (26) of Code Section 128-22, as amended; or any combination of such projects; (C) A capital outlay project or projects which will be operated by a joint authority or authorities of the county and one or more qualified municipalities within the special district; (D) A capital outlay project or projects, to be owned or operated or both either by the county, one or more qualified municipalities within the special district, one or more local authorities within the special district, or any combination thereof; (E) A capital outlay project consisting of a cultural facility, a recreational facility, or a historic facility or a facility for some combination of such purposes; (F) A water capital outlay project, a sewer capital outlay project, a water and sewer capital outlay project, or a combination of such projects, to be owned or operated or both by a county water and sewer district and one or more qualified municipalities in the county; (G) The retirement of previously incurred general obligation debt of the county, one or more qualified municipalities within the special district, or any combination thereof;
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(H) A capital outlay project or projects within the special district and consisting of public safety facilities, airport facilities, or related capital equipment used in the operation of public safety or airport facilities, or any combination of such purposes; (I) A capital outlay project or projects within the special district, consisting of capital equipment for use in voting in official elections or referendums; (J) A capital outlay project or projects within the special district consisting of any transportation facility designed for the transportation of people or goods, including but not limited to railroads, port and harbor facilities, mass transportation facilities, or any combination thereof; (K) A capital outlay project or projects within the special district and consisting of a hospital or hospital facilities that are owned by a county, a qualified municipality, or a hospital authority within the special district and operated by such county, municipality, or hospital authority or by an organization which is tax exempt under Section 501(c)(3) of the Internal Revenue Code, which operates the hospital through a contract or lease with such county, municipality, or hospital authority; or (L) The repair of capital outlay projects, including, but not limited to, roads, streets, and bridges, located, in part or in whole, within the special district that have been damaged or destroyed by a natural disaster; (M) A capital outlay project or projects that are owned, operated, or administered by the state and located, in part or in whole, within the special district; or (N) Any combination of two or more of the foregoing; (2) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years, unless the provisions of paragraph (1) of subsection (b) or subparagraph (b)(2)(A) of Code Section 48-8-115 are applicable, in which case the maximum period of time for which the tax may be levied shall not exceed six years; (3) The estimated cost of the project or projects which will be funded from the proceeds of the tax, which estimated cost shall also be the estimated amount of net proceeds to be raised by the tax, unless the provisions of paragraph (1) of subsection (b) or subparagraph (b)(2)(A) of Code Section 48-8-115 are applicable, in which case the final day of the tax shall be based upon the length of time for which the tax was authorized to be levied by the referendum; and (4) If general obligation debt is to be issued in conjunction with the imposition of the tax, the principal amount of the debt to be issued, the purpose for which the debt is to be issued, the local government issuing the debt, the interest rate or rates or the maximum interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
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On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett
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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince E Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T
Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
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Your Committee on Education has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 765 Do Pass HR 766 Do Pass
Respectfully submitted, /s/ Coleman of the 97th
Chairman
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 104. By Senators Dugan of the 30th, Miller of the 49th, Kennedy of the 18th and Jackson of the 24th:
A BILL to be entitled an Act to amend Code Section 50-17-50 of the Official Code of Georgia Annotated, relating to the State Depository Board, so as to delete references to building and loan associations; to modify the board composition to reflect current practice; 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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly
Broadrick Y Brockway Y Brooks
Y Coomer Y Cooper Y Corbett E 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 Ealum Y Efstration Y Ehrhart
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince E Pruett Y Quick
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M.
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Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T
Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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.
SB 132. By Senators Dugan of the 30th, Tippins of the 37th, Millar of the 40th, Tate of the 38th, Sims of the 12th and others:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to revise provisions relating to the program for high school students to attend postsecondary institutions; to provide for a short title; to provide a program for eligible students to take dual credit courses; to repeal a statute relating to dual credit courses; 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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to revise provisions relating to the program for high school students to attend postsecondary institutions; to provide for a short title; to provide a program for eligible students to take dual credit courses; to repeal a statute relating to dual credit courses; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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SECTION 1.
Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," is amended by revising Code Section 20-2-161.3, relating to the program for high school students to attend postsecondary institutions, as follows:
"20-2-161.3. (a) This Code section shall be known and may be cited as the 'Move on When Ready Act.' (a)(b) For purposes of this Code section, the term:
(1) 'Commission' means the Georgia Student Finance Commission created by Code Section 20-3-233. (1)(2) 'Department' means the Department of Education. (3) 'Dual credit course' means a postsecondary course, including a virtual course, taken by an eligible high school student pursuant to an arrangement at or through an eligible postsecondary institution for which the student receives secondary credit from his or her eligible high school. (4) 'Eligible high school' means any private or public secondary educational institution located within the State of Georgia and any home study program operated pursuant to Code Section 20-2-690. (3)(5) 'Eligible high school student' means a student entering ninth, tenth, eleventh, or twelfth grade who spent the prior school year in attendance at a public an eligible high school in this state. (2)(6) 'Eligible postsecondary institution' or 'postsecondary institution' means any eligible postsecondary institution as defined in paragraph (7) of Code Section 20-3519. (4) 'Prior school year in attendance' means that the student was reported as enrolled in a public school for funding purposes during the preceding October and March fulltime equivalent (FTE) program counts in accordance with Code Section 20-2-160. (5)(7) 'Program' means the arrangement authorized by this Code section whereby an eligible high school student takes all of his or her one or more dual credit courses at or through an eligible institution or a virtual course approved by the State Board of Education and receives secondary credit from his or her high school with the goal of completing graduation postsecondary credit and high school diploma requirements. (6)(8) 'Secondary credit' means high school credit for dual credit courses taken at or through an eligible postsecondary institution under the program. (b)(c) Any eligible high school student may apply to an eligible postsecondary institution to take one or more dual credit courses at or through that postsecondary institution which are approved for secondary credit pursuant to subsection (d) (f) of this Code section. If accepted at an eligible postsecondary institution, such eligible high school student may take any such approved dual credit course at or through that postsecondary institution, whether or not the course is taught during the regular public eligible high school day, and receive secondary credit therefor under the conditions provided in this Code section. An eligible institution which accepts an eligible student
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authorized to apply for enrollment under the program shall not receive any state funds for that student unless such institution complies with the requirements of this Code section regarding eligible institutions. (c)(d) In consultation with and subject to approval by the commission, the The department shall develop appropriate forms and counseling guidelines for the program and shall make such forms and guidelines available to local school systems eligible high schools and eligible postsecondary institutions. No later than the first day of April February each year, each local school system eligible high school shall provide general information about the program, including such forms, to all its tenth and eleventh grade eligible high school students. An eligible high school A local school system shall also provide counseling services in accordance with the counseling guidelines provided by the department to such students and their parents or guardians before the students enroll in the program. Prior to participating in the program, the student and the student's parent or guardian shall sign the form provided by the school system eligible high school or by an eligible postsecondary institution stating that they have received the counseling specified in this subsection and that they understand the responsibilities that shall be assumed in participating in the program. Program information and materials shall be provided to each eighth grade public school student at the time the student is developing his or her individual graduation plan as required by Code Section 20-2-327. (e) Each eligible high school shall be required to execute a participation agreement as prescribed by the commission.
(d)(f)(1) A participating eligible high school A local school system shall grant academic secondary credit to an eligible high school student enrolled in a dual credit course in an eligible postsecondary institution if that course has been approved by the State Board of Education and if such student successfully completes that course. The State Board of Education shall approve any such course which is substantially comparable to a state approved course. The secondary credit granted shall be for the a comparable required course; career, technical, and agricultural education course; or elective course and course hours approved by the State Board of Education. Upon completion of an eligible postsecondary institution's approved dual credit course, the eligible high school student shall be responsible for requesting that the eligible postsecondary institution notify the student's local school system eligible high school regarding his or her grade in that course. (2) Secondary school credits granted for eligible postsecondary institution dual credit courses under paragraph (1) of this subsection shall be counted toward State Board of Education by the eligible high school toward graduation requirements and subject area requirements of the local school system eligible high school. Evidence of successful completion of each dual credit course and secondary credits granted shall be included in the eligible high school student's secondary school records. (3) A participating eligible high school shall be required The State Board of Education shall establish rules to require local school systems to award a high school diploma to any eligible high school student who is enrolled at or through an eligible postsecondary institution under the program as long as the credit earned at or through
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such postsecondary institution satisfies course requirements needed for the eligible high school student to complete high school graduation. The State Board of Education, in consultation with the State Board of the Technical College System of Georgia and the Board of Regents of the University System of Georgia, shall determine appropriate courses to meet these requirements. No later than July 1, 2015, the Department of Education shall communicate to high schools the subject area requirements or elective courses that may be satisfied with dual credit courses provided by eligible postsecondary institutions, which shall include completion of:
(A) At least the following state required ninth and tenth grade level high school courses or their equivalent: two English courses, two mathematics courses, two science courses, two social studies courses, and one health and physical education course; and any state required tests associated with any such courses; and (B) One of the following:
(i) An associate degree program; (ii) A technical college diploma program and all postsecondary academic education and technical education and training prerequisites for any state, national, or industry occupational certifications or licenses required to work in the field; or (iii) At least two technical college certificate of credit programs in one specific career pathway and all postsecondary academic education and technical education and training prerequisites for any state, national, or industry occupational certifications or licenses required to work in the field as determined by the Technical College System of Georgia. The department shall consult the Board of Regents of the University System of Georgia and the State Board of the Technical College System of Georgia in developing rules and regulations to be recommended to the State Board of Education for approval regarding the eligibility criteria for program participation. (e)(1) The department shall pay to eligible institutions through appropriation of state funds the lesser of the following amounts for each participating eligible student enrolled therein, less a records fee of $200.00 for administration costs of the local school system: (A) The actual cost of tuition, materials, and fees directly related to the courses taken by the eligible student at such institution; or (B) The amount that the participating eligible student would have earned under this article if he or she had been in equivalent instructional programs in the local school system. (2) The total allotment of state funds to the local school system in which a participating student is enrolled at an eligible institution pursuant to this Code section shall be calculated as otherwise provided in this article with an ensuing reduction equivalent to the amount of state funds appropriated to such eligible institution pursuant to this subsection. (3) The records fee contained in paragraph (1) of this subsection may be increased by the State Board of Education by up to 4 percent annually, at the board's sole discretion.
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(4) An eligible institution shall not charge an eligible student for coursework taken pursuant to this program and shall accept the payment made pursuant to paragraph (1) of this subsection as full payment for such eligible student. (f) The State Board of Education shall establish rules and regulations relating to applicable state and federal testing requirements for eligible students participating in the program. (g) An eligible student enrolled in an eligible institution for secondary credit shall not be eligible for any other state student financial aid at an eligible institution for courses taken under the program. Any person who knowingly makes or furnishes any false statement or misrepresentation, or who accepts such statement or misrepresentation knowing it to be false, for the purpose of enabling an eligible institution to obtain wrongfully any payment under this Code section shall be guilty of a misdemeanor. (h)(g) Hours for dual credit courses taken at or through an eligible postsecondary institution pursuant to this Code section by a participating an eligible high school student shall not count against any maximum hourly caps which may be applicable for purposes of HOPE scholarships or grants. (i)(h) The commission is authorized to promulgate rules and regulations not inconsistent with the provisions of this Code section relating to the program described in this Code section. (i) Every eligible postsecondary institution shall be subject to examination by the commission for the sole purpose of determining whether such postsecondary institution has properly complied with rules and regulations established pursuant to this Code section. Such examination shall be conducted by the commission no less frequently than once every three years. The commission is authorized to conduct the examination using sampling and extrapolation techniques. However, nothing in this subsection shall be construed to interfere with the authority of the postsecondary institution to determine its own curriculum, philosophy, purpose, or administration. In the event it is determined that a postsecondary institution knowingly or through error certified an ineligible student to be eligible for the program established under this Code section, the amount paid to the postsecondary institution pursuant to such certification shall be refunded by the postsecondary institution to the commission. The commission may suspend a postsecondary institution from receiving payments under this Code section if it fails to refund any moneys deemed due pursuant to this subsection. (j) In order to participate in the program, each eligible postsecondary institution shall be required to enter into a participation agreement with the commission agreeing to: (1) Waive all mandatory and noncourse related fees for eligible high school students participating in the program; (2) Provide course books to eligible high school students participating in the program at no charge to the student; and (3) Accept the amount paid by the commission as full payment for an eligible high school student's tuition, mandatory and noncourse related fees, and course books. (k) The funding provided to the commission for the program shall be subject to annual appropriations enacted by the General Assembly beginning in Fiscal Year 2016. The
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commission shall set criteria for funding for tuition, mandatory and noncourse related fees, course books, and transportation. The amount of such funds to be paid shall be determined by the commission. The commission shall create a grant program, subject to the availability of funds, pursuant to which participating public eligible high schools may apply for transportation grants. Such grants shall be awarded based on criteria, terms, and conditions determined by the commission in consultation with the department. (l) In the event the funds made available to the commission are not sufficient to enable the commission to meet all funding requirements of the program, the amount paid to eligible postsecondary institutions shall be reduced by the commission. Under no circumstances shall the eligible postsecondary institutions require an eligible high school student participating in the program to pay for tuition, mandatory and noncourse related fees, or course books. (m) Students enrolled in a work based learning program under Code Section 20-2161.2 may be eligible to earn dual credit upon completing a planned training experience under guidelines developed by the Department of Education and the Technical College System of Georgia provided students meet postsecondary readiness established in reading and writing and mathematics for the particular advanced training program or associate's degree."
SECTION 2. Said article is further amended by revising subsection (a.1) of Code Section 20-2-157, relating to uniform reporting system for certain purposes, dual credit courses, and academic eligibility requirements to receive a HOPE scholarship, as follows:
"(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 20-2-161.3."
SECTION 3. Said article is further amended by repealing in its entirety Code Section 20-2-159.5, relating to dual credit courses and requirements.
SECTION 4. Said article is further amended by revising subsection (a) of Code Section 20-2-160, relating to determination of enrollment by institutional program and determination of funds to be appropriated, 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
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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, 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 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 20-2-161.3 shall be counted for the high school program or other appropriate program for each segment in which the student is attending such dual credit course. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date."
SECTION 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
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre
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Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince E Pruett Y Quick Y Raffensperger Y Rakestraw
Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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.
The following messages were received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by substitute, by the requisite constitutional majority, the following resolution of the House:
HR 395. By Representatives Greene of the 151st, Nix of the 69th, Pezold of the 133rd, Smith of the 134th, Smyre of the 135th and others:
A RESOLUTION creating the Joint Georgia-Alabama Study Committee; and for other purposes.
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The Senate has adopted by the requisite constitutional majority the following resolutions of the House:
HR 304. By Representatives Cooper of the 43rd, Beskin of the 54th, England of the 116th, Broadrick of the 4th, Benton of the 31st and others:
A RESOLUTION encouraging Georgia's technical schools, colleges, and universities to expand gerontology and dementia education and training throughout their academic curriculum in order to address the growing economic, social, and healthcare needs created by an aging population; and for other purposes.
HR 419. By Representatives Sims of the 123rd, Frazier of the 126th, Howard of the 124th, Prince of the 127th and Smith of the 125th:
A RESOLUTION encouraging the United States Congress to extend authorization for the Augusta Canal National Heritage Area to receive federal funding from the National Park Service through 2021; and for other purposes.
HR 519. By Representatives Roberts of the 155th, Houston of the 170th, Carter of the 175th, England of the 116th and LaRiccia of the 169th:
A RESOLUTION recognizing Mr. Harry Mixon and Mr. Brad Dorminy and naming a building in their honor; and for other purposes.
HR 857. By Representatives Dickson of the 6th, Broadrick of the 4th and Meadows of the 5th:
A RESOLUTION congratulating the Dalton State College basketball team for winning the 2015 NAIA national championship game; and for other purposes.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 192. By Representatives Powell of the 32nd and Taylor of the 79th:
A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, so as to provide that elected officials of counties, municipal corporations, school districts, and consolidated governments shall be reimbursed for expenses only through the
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submission of expense reimbursement requests; to prohibit an elected official of a county, municipal corporation, school district, or consolidated government from being issued or authorized to use a government purchasing card or government credit card; to provide for the promulgation of certain policies; to provide for access to certain records; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 429. By Representatives Stephens of the 164th, Wilkinson of the 52nd, Shaw of the 176th, Dollar of the 45th, Rogers of the 29th and others:
A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that no health benefit plan shall restrict coverage for prescribed treatment based upon the insured's diagnosis with a terminal condition; to provide for definitions; to provide for penalties; 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 215. By Representative Ralston of the 7th:
A RESOLUTION honoring the life and memory of the Honorable Ronald Lee Newton and dedicating a road in his honor; and for other purposes.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 279. By Representatives Powell of the 171st, Abrams of the 89th, Fleming of the 121st, Oliver of the 82nd, Willard of the 51st and others:
A BILL to be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials and cost-of-living adjustments, so as to repeal provisions relating to the annual salaries of Supreme Court Justices, Court of Appeals Judges, superior court judges and district attorneys; to enact provisions relating to the annual salaries of Supreme Court Justices, Court of Appeals Judges, superior court judges and district attorneys; to provide for related matters; to repeal conflicting laws; and for other purposes.
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Under the general order of business, established by the Committee on Rules, the following Resolutions of the House and Senate were taken up for consideration and read the third time:
SR 7.
By Senators Unterman of the 45th, Butler of the 55th, Miller of the 49th and Hill of the 32nd:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly by general law may impose additional penalties or fees for the offenses of prostitution, keeping a place of prostitution, pimping, pandering, pandering by compulsion, solicitation of sodomy, masturbation for hire, trafficking of persons for sexual servitude, sexual exploitation of children, and sodomy; to provide for related matters; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly by general law may impose additional penalties for the offenses of keeping a place of prostitution, pimping, pandering, pandering by compulsion, solicitation of sodomy, masturbation for hire, trafficking of persons for sexual servitude, or sexual exploitation of children; may impose assessments on adult entertainment establishments; and may provide for the allocation of such additional penalties and assessments to the Safe Harbor for Sexually Exploited Children Fund, as provided by law, for the purpose of providing care and rehabilitative and social services to individuals in this state who have been or may be sexually exploited; to provide that such funds shall not lapse; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article III, Section IX, Paragraph VI of the Constitution is amended by adding a new subparagraph to read as follows:
"(o) The General Assembly may provide by general law for additional penalties in any case in any court in this state in which a person is adjudged guilty of keeping a place of prostitution, pimping, pandering, pandering by compulsion, solicitation of sodomy, masturbation for hire, trafficking of persons for sexual servitude, or sexual exploitation of children and may impose assessments on adult entertainment establishments as defined by law; and such appropriated amount shall not lapse as required by Article III, Section IX, Paragraph IV(c) and shall not be subject to the limitations of subparagraph
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(a) of this Paragraph, Article III, Section V, Paragraph II, Article VII, Section III, Paragraph II(a), or Article VII, Section III, Paragraph IV. The General Assembly may provide by general law for the allocation of such assessments and additional penalties to the Safe Harbor for Sexually Exploited Children Fund for the specified purpose of meeting any and all costs, or any portion of the costs, of providing care and rehabilitative and social services to individuals in this state who have been or may be sexually exploited. The General Assembly may provide by general law for the administration of such fund by such authority as the General Assembly shall determine."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES ( ) NO
Shall the Constitution of Georgia be amended to allow additional penalties for criminal cases in which a person is adjudged guilty of keeping a place of prostitution, pimping, pandering, pandering by compulsion, solicitation of sodomy, masturbation for hire, trafficking of persons for sexual servitude, or sexual exploitation of children and to
allow assessments on adult entertainment establishments to fund the Safe
Harbor for Sexually Exploited Children Fund to pay for care and
rehabilitative and social services for individuals in this state who have
been or may be sexually exploited?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the
Constitution, it shall become a part of the Constitution of this state.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague Y Bell Y Belton
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Henson N Hightower Y Hitchens Y Holcomb E Holmes Y Houston
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons
Y Smith, E Y Smith, L Y Smith, M Y Smith, R
Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall N Stover
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Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick
Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cantrell Y Carson Y Carter N Casas Y Chandler Y Cheokas N Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Drenner Y Dudgeon Y Dukes E Dunahoo N Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. N Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick N Kidd
Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Peake Y Petrea N Pezold E Powell, A Y Powell, J Y Prince E Pruett N Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sims
Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y 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 151, nays 18.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
House of Representatives Coverdell Legislative Office Building, Room 512
Atlanta, Georgia 30334
March 31, 2015
Bill Reilly, Clerk of the House Georgia House of Representatives State Capitol Atlanta, GA 30334
RE: Malfunction of voting machine
Dear Mr. Clerk:
On March 31, 2015 my voting machine malfunctioned during the vote on S.R. 7 and did not register my vote. If the machine had worked correctly, it would have shown my vote as "AYE".
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Please place this letter in the House Journal for today to correctly show my vote on S.R. 7.
Sincerely,
/s/ Michele Henson Representative, District 86
MH/pg
HR 71. By Representatives Gordon of the 163rd, Stephens of the 165th, Stephens of the 164th, Petrea of the 166th, Bryant of the 162nd and others:
A RESOLUTION creating the House Study Committee on the HOPE Scholarship Program Award Amount for Critical Fields of Study; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Creating the House Study Committee on the HOPE Scholarship Program Award Amount for Critical Career Fields; and for other purposes.
WHEREAS, the HOPE scholarship program plays a significant role in the postsecondary education landscape of this state; and
WHEREAS, the HOPE scholarship program has helped many Georgia students attend colleges and universities in this state; and
WHEREAS, several career fields in this state suffer, or are forecasted to suffer, from a shortage of persons who have completed the necessary postsecondary educational requirements for such career fields; and
WHEREAS, adjustments in the amount of the HOPE scholarship award made to eligible students who pursue certain fields of study at eligible private postsecondary institutions could help produce a workforce that eliminates the shortfall of workers in critical career fields.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES: (1) Creation of House study committee. There is created the House Study Committee on the HOPE Scholarship Program Award Amount for Critical Career Fields.
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(2) Members and officers. The committee shall be composed of seven members to be appointed by the Speaker of the House of Representatives as follows: four members of the House of Representatives, one member from the Board of Regents of the University System of Georgia, one member from the Technical College System of Georgia, and one member from the Georgia Student Finance Commission. The Speaker shall designate a member of the committee who is a member of the House of Representatives as chairperson of the committee. (3) Powers and duties. The committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. (4) Meetings. The chairperson shall call all meetings of the committee. 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 powers, perform its duties, and accomplish the objectives and purposes of this resolution. (5) Allowances, expenses, and funding.
(A) The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. (B) Members of the committee who are state officials, other than legislative members, or state employees shall receive no compensation for their services on the committee, but they may 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. (C) Members of the committee who are not legislators, state officials, or state employees shall receive a daily expense allowance in an amount the same as that specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated, as well as the mileage or transportation allowance authorized for state employees. (D) The allowances and expenses authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. Funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives; except that funds 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 agencies. (6) Report. (A) In the event the committee adopts any specific findings or recommendations that include suggestions for proposed legislation, the chairperson shall file a report of the same prior to the date of abolishment specified in this resolution, subject to subparagraph (C) of this paragraph. (B) In the event the committee adopts a report that does not include suggestions for proposed legislation, the chairperson shall file the report, subject to subparagraph (C) of this paragraph.
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(C) No report shall be filed unless the same has been approved prior to the date of abolishment specified in this resolution by majority vote of a quorum of the committee. A report so approved shall be signed by the chairperson of the committee and filed with the Clerk of the House of Representatives. (D) In the absence of an approved report, the chairperson may file with the Clerk of the House of Representatives a copy of the minutes of the meetings of the committee in lieu thereof. (7) Abolishment. The committee shall stand abolished on December 1, 2015.
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
Atwood Y Ballinger
Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick
Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett E 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd
Kirby Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold E Powell, A Y Powell, J Y Prince E Pruett Y Quick Y Raffensperger Y Rakestraw
Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker
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On the adoption of the Resolution, by substitute, the ayes were 165, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 652. By Representatives O`Neal of the 146th, Dickey of the 140th, Harden of the 148th, Epps of the 144th and Clark of the 147th:
A BILL to be entitled an Act to create the Perry Public Facilities Authority; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 596. By Representatives Jacobs of the 80th, Taylor of the 79th, Kendrick of the 93rd, Holcomb of the 81st, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead, approved May 5, 2006 (Ga. L. 2006, p. 4636), as amended, so as to modify the time limitation on such exemption; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 632. By Representatives Wilkerson of the 38th, Bruce of the 61st, Evans of the 42nd, Jones of the 53rd, Reeves of the 34th and others:
A BILL to be entitled an Act to amend an Act known as the "South Cobb Development Authority Act," approved April 12, 1982 (Ga. L. 1982, p. 3772), as amended, so as to change the definition of certain terms; to change certain powers and duties; to provide for boundaries; to repeal conflicting laws; and for other purposes.
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HB 643. By Representatives Clark of the 147th, Harden of the 148th, Dickey of the 140th, O`Neal of the 146th and Epps of the 144th:
A BILL to be entitled an Act to amend an Act authorizing the governing authority of the City of Warner Robins to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A., approved May 11, 2009, (Ga. L. 2009, p. 3981), so as to change a reference to a resolution passed by the city council; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 644. By Representatives Clark of the 147th, Dickey of the 140th, Epps of the 144th, O`Neal of the 146th and Harden of the 148th:
A BILL to be entitled an Act to amend an Act providing for a homestead exemption from all City of Warner Robins ad valorem taxes for any city purposes, including, but not limited to, taxes to retire bonded indebtedness for certain persons who have been residents of the City of Warner Robins for at least the immediately preceding five years and who are 65 years of age or older, approved April 5, 1995 (Ga. L. 1995, p. 4189), as amended, so as to change the date for filing an application for such homestead exemption; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 651. By Representatives Maxwell of the 17th, Gravley of the 67th, Alexander of the 66th and Rakestraw of the 19th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the election of members of the board of education of Paulding County," approved March 21, 1968 (Ga. L. 1968, p. 2381), as amended, so as to change the method of filling vacancies on the board of education; to repeal conflicting laws; and for other purposes.
HB 655. By Representatives Willard of the 51st, Jones of the 47th, Dudgeon of the 25th, Wilkinson of the 52nd, Jacobs of the 80th and others:
A BILL to be entitled an Act to provide for the administration of the budget of the Magistrate Court of Fulton County; to provide that the court administrator shall be the chief magistrate or his or her designee; to provide that such court administrator shall have oversight of the budget; to provide that such court administrator 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.
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HB 656. By Representative Pruett of the 149th:
A BILL to be entitled an Act to amend an Act creating the office of Commissioner of Dodge County, approved August 19, 1912 (Ga. L. 1912, p. 367), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 664. By Representatives 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 Griffin 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 668. By Representatives Ramsey of the 72nd and Fludd of the 64th:
A BILL to be entitled an Act to amend an Act to create the City of Peachtree City Public Facilities Authority, approved May 13, 2011 (Ga. L. 2011, p. 4121), so as to add an additional power; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Speaker announced the House in recess until 2:15 o'clock, this afternoon.
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AFTERNOON SESSION
The Speaker called the House to order.
The following messages were received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 322. By Representatives Strickland of the 111th, Ramsey of the 72nd, Mabra of the 63rd, Frye of the 118th, Jones of the 62nd and others:
A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure, so as to provide for the recording of deeds under power within a certain time after a foreclosure sale; to provide for the assessment and collection of a late filing fee; to provide for the remittance of sums collected from such late filing fees; 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 118. By Representatives Tanner of the 9th, Powell of the 32nd, Lumsden of the 12th and Hitchens of the 161st:
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 amend certain provisions relative to the issuance of commercial drivers' licenses and commercial drivers' instruction permits so as to comply with federal law; to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to prohibit certain activities with wireless telecommunications devices by drivers of commercial motor vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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HB 70. By Representatives Hugley of the 136th, Smyre of the 135th, Buckner of the 137th, Smith of the 134th and Pezold of the 133rd:
A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the gray fox as the official state mammal; 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 147. By Representatives Powell of the 32nd, Knight of the 130th, Peake of the 141st and Hatchett of the 150th:
A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for an initial two-year registration period for certain vehicles; to provide for certain fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 185. By Representatives Shaw of the 176th, Efstration of the 104th, Taylor of the 173rd, Smith of the 134th, Williamson of the 115th and others:
A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to extensively revise the "Standard Valuation Law"; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 428. 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 extend 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.
The following Resolutions of the House were read and adopted:
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HR 865. By Representative Ealum of the 153rd:
A RESOLUTION recognizing and commending the Deerfield-Windsor School literary team on winning the GISA AAA State Literary Championship; and for other purposes.
HR 866. By Representative Ealum of the 153rd:
A RESOLUTION commending the Albany State University Golden Rams Showcase Marching Band; and for other purposes.
HR 867. By Representatives Thomas of the 39th, Smith of the 41st, Stovall of the 74th, Bentley of the 139th, Jones of the 53rd and others:
A RESOLUTION commending Shaffer Chimere Smith; and for other purposes.
HR 868. By Representative Ealum of the 153rd:
A RESOLUTION recognizing and commending Coach Gordy Gruhl and the Deerfield Windsor School boys basketball team on winning the GISA Class AAA State Championship; and for other purposes.
HR 869. By Representative Yates of the 73rd:
A RESOLUTION commending Cronic Chevrolet Buick GMC on their 40 year service to the community; and for other purposes.
HR 870. By Representative Epps of the 144th:
A RESOLUTION recognizing and commending Dr. Charlotte H. Pipkin upon the grand occasion of her retirement; and for other purposes.
HR 871. By Representative Caldwell of the 20th:
A RESOLUTION recognizing and commending Jordan Roberts; and for other purposes.
HR 872. By Representative Caldwell of the 20th:
A RESOLUTION recognizing and commending David W. Schwieger III; and for other purposes.
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HR 873. By Representative Williamson of the 115th:
A RESOLUTION commending Kil-hwan Pyun, George Walton Academy's 2015 STAR Student; and for other purposes.
HR 874. By Representative Williamson of the 115th:
A RESOLUTION commending Caroline LaMalva, George Walton Academy's 2015 STAR Student; and for other purposes.
HR 875. By Representative Williamson of the 115th:
A RESOLUTION recognizing and commending Blakely Duncan Watts II; and for other purposes.
HR 876. By Representatives Jackson of the 128th, Abrams of the 89th and Epps of the 144th:
A RESOLUTION honoring the life and memory of Hugh McMaster Tarbutton; and for other purposes.
HR 877. By Representative Williamson of the 115th:
A RESOLUTION commending Jessica Wilson, Walnut Grove High School's 2015 STAR Student; and for other purposes.
HR 878. By Representative Williamson of the 115th:
A RESOLUTION commending Chiyanne Wilson, Walnut Grove High School's 2015 STAR Student; and for other purposes.
HR 879. By Representative Williamson of the 115th:
A RESOLUTION commending Maddie Dawkins, Walnut Grove High School's 2015 STAR Student; and for other purposes.
HR 880. By Representative Williamson of the 115th:
A RESOLUTION commending Tori Mitchell, Monroe Area High School's 2015 STAR Student; and for other purposes.
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HR 881. By Representative Williamson of the 115th:
A RESOLUTION commending Parker Leach, Social Circle High School's 2015 STAR Student; and for other purposes.
HR 882. By Representative Greene of the 151st:
A RESOLUTION recognizing and commending Mr. Timothy Starling on 49 years of service to the Piney Grove Missionary Baptist Church; and for other purposes.
HR 883. By Representative Greene of the 151st:
A RESOLUTION commending Leon Mitchell Conner, III; and for other purposes.
HR 884. By Representative Greene of the 151st:
A RESOLUTION recognizing and commending Ms. Annie Murphy for 49 years of service to the Piney Grove Missionary Baptist Church; and for other purposes.
HR 885. By Representatives Burns of the 159th, Hitchens of the 161st, Stephens of the 164th and Parrish of the 158th:
A RESOLUTION requesting the State of Georgia, the Georgia Department of Transportation, and electric utility companies in Georgia to consider allowing use of their existing rights of way for pipeline expansion; and for other purposes.
HR 886. By Representatives Clark of the 101st, Cooper of the 43rd, Spencer of the 180th, Pak of the 108th, Brockway of the 102nd and others:
A RESOLUTION congratulating the Georgia campus of the Philadelphia College of Osteopathic Medicine upon the grand occasion of its tenth anniversary; and for other purposes.
HR 887. By Representatives Greene of the 151st and Maxwell of the 17th:
A RESOLUTION commending Captain Jeremy Haynes; and for other purposes.
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HR 888. By Representative Greene of the 151st:
A RESOLUTION commending Johnnie McMurria; and for other purposes.
HR 889. By Representatives Buckner of the 137th, Hugley of the 136th, Smyre of the 135th, Smith of the 134th and Pezold of the 133rd:
A RESOLUTION honoring the life and memory of James Martin Brewbaker; and for other purposes.
HR 890. By Representatives Peake of the 141st, Epps of the 144th and Dickey of the 140th:
A RESOLUTION recognizing and commending Mr. Gary Baker for outstanding public service; and for other purposes.
HR 891. By Representatives Peake of the 141st and Cheokas of the 138th:
A RESOLUTION recognizing and commending Dr. Charles L. Houston on his outstanding public service; and for other purposes
HR 892. By Representatives Teasley of the 37th, Evans of the 42nd, Reeves of the 34th and Setzler of the 35th:
A RESOLUTION commending Leigh Colburn; and for other purposes.
HR 893. By Representatives Carter of the 175th, Corbett of the 174th, Shaw of the 176th, Taylor of the 173rd, Roberts of the 155th and others:
A RESOLUTION congratulating Turner Furniture Company upon the grand occasion of its 100th anniversary; and for other purposes
HR 894. By Representatives Carter of the 175th, Corbett of the 174th, Shaw of the 176th, Coleman of the 97th, Tanner of the 9th and others:
A RESOLUTION recognizing May 14, 2015, as Childhood Apraxia of Speech Awareness Day; and for other purposes.
HR 895. By Representatives Carson of the 46th, Knight of the 130th, Wilkerson of the 38th, Mosby of the 83rd and Atwood of the 179th:
A RESOLUTION commending Darrell Thaw, former Chairman of The Georgia Society of CPAs; and for other purposes.
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HR 896. By Representatives Coleman of the 97th, Clark of the 101st, Maxwell of the 17th, Dickson of the 6th, Beskin of the 54th and others:
A RESOLUTION commending Georgia's 2015 Comcast Leaders and Achievers Scholars; and for other purposes.
HR 897. By Representatives Carson of the 46th, Knight of the 130th, Wilkerson of the 38th, Mosby of the 83rd and Peake of the 141st:
A RESOLUTION commending Terry Parker, Chairman of the Georgia Society of CPAs; and for other purposes.
HR 898. By Representatives Burns of the 159th and Hitchens of the 161st:
A RESOLUTION honoring the life and memory of Edna Gertrude Quinby Morgan; and for other purposes.
HR 899. By Representatives Abrams of the 89th, O`Neal of the 146th, Stephenson of the 90th, Oliver of the 82nd, Kendrick of the 93rd and others:
A RESOLUTION commending Patrise Perkins-Hooker; and for other purposes.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 162. By Representatives Shaw of the 176th, Efstration of the 104th, Taylor of the 173rd, Lumsden of the 12th and Maxwell of the 17th:
A BILL to be entitled an Act to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide for insurance compliance self-evaluative privilege; to provide for intent; to provide for definitions; to provide for an insurance compliance self-evaluative audit document as privileged information; to provide for inadmissibility in certain legal actions; to provide for applications and exceptions; to provide for the burden of proof; to provide for related matters; to provide for an automatic repeal date; to repeal conflicting laws; and for other purposes.
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Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 125. By Senators Beach of the 21st, Williams of the 19th, Gooch of the 51st and Mullis of the 53rd:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to authorize the collection of tolls for the management of traffic flow; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for definitions; to provide for the installation of managed lane signs, barriers, or gates; to prohibit entry or exit of a managed lane under certain conditions; to authorize the development of a system of managed lanes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to authorize the collection of tolls for the management of traffic flow; to provide for administrative fees for drivers failing to pay the appropriate tolls; to provide for notice; to provide for permitted uses of funds collected through tolls; to provide for sales tax exemptions for the authority; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for definitions; to provide for the installation of managed lane signs, barriers, or gates; to prohibit entry or exit of a managed lane under certain conditions; 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 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, is amended in Code Section 32-10-64, relating to general toll powers, police powers, and rules and regulations, by revising subsection (a) and paragraph (1) of subsection (c) as follows:
"(a)(1) For the purpose of earning sufficient revenue to make possible, in conjunction with other funds available to the authority, the financing of the construction or acquisition of projects of the authority with revenue bonds, the authority is authorized and empowered to collect tolls on each and every project which it, the department, or
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local governing authority shall cause to be constructed or acquired. It is found, determined, and declared that the necessities of revenue bond financing are such that the authority's toll earnings on each project or projects, in conjunction with other funds available to the authority, must exceed the actual maintenance, repair, and normal reserve requirements of such projects, together with monthly or yearly sums needed for the sinking fund payments upon the principal and interest obligations of financing such project or projects; however, within the framework of these legitimate necessities of the authority and subject to all bond resolutions, trust indentures, and all other contractual obligations of the authority, the authority is charged with the duty of the operation of all projects in the aggregate at the most reasonable possible level of toll charges; and, furthermore, the authority is charged with the responsibility of a reasonable and equitable adjustment of such toll charges as between the various classes of users of any given project in which the repayment of financing is the primary or exclusive purpose for the exercise of the toll power of the authority. (2) For the purpose of managing the flow of traffic, the authority is authorized and empowered to collect tolls on each and every project which it, the department, or local governing authority shall cause to be constructed in which managing the flow of traffic is the primary or exclusive purpose. It is found, determined, and declared that the necessities of managing the flow of traffic are such that the authority is charged with the responsibility of taking into consideration value pricing and lane management as those terms are described in subsection (d) of Code Section 40-6-54 in determining toll charges on such projects." "(c)(1) No motor vehicle shall be driven or towed through a toll collection facility, where appropriate signs have been erected to notify traffic that it is subject to the payment of tolls beyond such sign, without payment of the proper toll. In the event of nonpayment of the proper toll, as evidenced by video or electronic recording, the registered owner of such vehicle shall be liable to make prompt payment to the authority of the proper toll and an administrative fee of up to $25.00 per violation to recover the cost of collecting the toll. The authority or its authorized agent shall provide notice to the registered owner of a vehicle, and a reasonable time to respond to such notice, of the authority's finding of a violation of this subsection. The authority or its authorized agent may provide subsequent notices to the registered owner of a vehicle if such owner fails to respond to the initial notice. The administrative fee may increase with each notice, provided that such fee shall not exceed a cumulative total of $25.00 per violation. Upon failure of the registered owner of a vehicle to pay the proper toll and administrative fee to the authority after notice thereof and within the time designated in such notice, the authority may proceed to seek collection of the proper toll and the administrative fee as debts owing to the authority, in such manner as the authority deems appropriate and as permitted under law. If the authority finds multiple failures by a registered owner of a vehicle to pay the proper toll and administrative fee after notice thereof and within the time designated in such notice notices, the authority may refer the matter to the Office of State Administrative Hearings. The scope of any hearing held by the Office of State
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Administrative Hearings shall be limited to consideration of evidence relevant to a determination of whether the registered owner has failed to pay, after notice thereof and within the time designated in such notice, the proper toll and administrative fee. The only affirmative defense that may be presented by the registered owner of a vehicle at such a hearing is theft of the vehicle, as evidenced by presentation at the hearing of a copy of a police report showing that the vehicle has been reported to the police as stolen prior to the time of the alleged violation. A determination by the Office of State Administrative Hearings of multiple failures to pay by a registered owner of a vehicle shall subject such registered owner to imposition of, in addition to any unpaid tolls and administrative fees, a civil monetary penalty payable to the authority of not more than $70.00 per violation. Upon failure by a registered owner to pay to the authority, within 30 days of the date of notice thereof, the amount determined by the Office of State Administrative Hearings as due and payable for multiple violations of this subsection, the motor vehicle registration of such registered owner shall be immediately suspended by operation of law. The authority shall give notice to the Department of Revenue of such suspension. Such suspension shall continue until the proper toll, administrative fee, and civil monetary penalty as have been determined by the Office of State Administrative Hearings are paid to the authority. Actions taken by the authority under this subsection shall be made in accordance with policies and procedures approved by the members of the authority."
SECTION 2. Said article is further amended by revising Code Section 32-10-65, relating to fixing, revising, charging, and collecting tolls and the use and disposition of tolls, as follows:
"32-10-65. The authority is authorized to fix, revise, charge, and collect tolls for the use of each project. Such tolls shall be so fixed and adjusted as to carry out and perform the terms and provisions of any resolution, trust indenture, or contract with or for the benefit of bondholders; and such tolls shall not be subject to supervision or regulation by any other commission, board, bureau, or agency of the state. Notwithstanding any provision of this article to the contrary, if the repayment of financing is not the primary or exclusive purpose for the exercise of the authority's toll power, the authority shall not be required to issue or have outstanding bonds or other indebtedness in respect to a project in order to fix, revise, charge, enforce, or collect tolls for such project. The use and disposition of tolls and revenues shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust indenture securing the same, if there are any."
SECTION 3. Said article is further amended by revising Code Section 32-10-109, relating to covenant with holders as to tax-exempt status of authority property and bonds, as follows:
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"32-10-109. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this article; and this state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the projects erected by it or upon any fees, tolls, or other charges for the use of such projects or upon other income received by the authority. The bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state. The tax exemption provided for in this chapter shall include an exemption from sales and use tax on property purchased by the authority or for use by the authority."
SECTION 4. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended in Code Section 40-1-1, relating to definitions, by adding a new paragraph to read as follows:
"(25.2) 'Managed lane' means a designated lane or series of designated lanes which utilize tolls payable to the State Road and Tollway Authority and which may use other lane management strategies in order to manage the flow of traffic. Such additional lane management strategies may include, but are not limited to, value pricing, vehicle occupancy requirements, or vehicle type restrictions, or any combination thereof."
SECTION 5. Said title is further amended by adding a new Code section to read as follows:
"40-6-28. (a) The department may install gates, signs, or barriers, or any combination thereof, to restrict access to managed lanes. (b) No person shall drive any vehicle through, around, or under any barrier or closed or moving gate of a managed lane. (c) No vehicle shall enter or exit a managed lane at any point other than designated entry or exit points unless directed by authorized emergency personnel."
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.
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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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns N Caldwell, J N Caldwell, M N Cantrell Y Carson Y Carter N Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
E Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo N Duncan Y Ealum N Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner N Gasaway E Geisinger Y Glanton Y Golick Y Gordon N Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson N Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd N Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin
Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince E Pruett N Quick N Raffensperger N Rakestraw N Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims
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 N Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson N Welch
Weldon N Werkheiser 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 141, nays 29.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 109. By Senators Orrock of the 36th and Unterman of the 45th:
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 clarify the use and effectiveness of Physician Orders for Life-Sustaining Treatment forms; to provide alternate terminology
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for do not resuscitate orders; to amend other Code sections of the Official Code of Georgia Annotated for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO 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 clarify the use and effectiveness of Physician Orders for Life-Sustaining Treatment forms; to provide alternate terminology for do not resuscitate orders; to amend other Code sections of the Official Code of Georgia 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. Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, is amended by adding a new Code section to read as follows:
"31-1-14. (a) As used in this Code section, the term:
(1) 'Attending physician' means the physician who has primary responsibility at the time of reference for the treatment and care of the patient. (2) 'Authorized person' shall have the same meaning as in Code Section 31-39-2. (3) 'Decision-making capacity' means the ability to understand and appreciate the nature and consequences of an order regarding end of life care decisions, including the benefits and disadvantages of such an order, and to reach an informed decision regarding the order. (4) 'Health care facility' shall have the same meaning as in Code Section 31-32-2. (5) 'Health care provider' shall have the same meaning as in Code Section 31-32-2. (6) 'Life-sustaining procedures' means medications, machines, or other medical procedures or interventions which, when applied to a patient in a terminal condition or in a state of permanent unconsciousness, could in reasonable medical judgment keep the patient alive but cannot cure the patient and where, in the judgment of the attending physician and a second physician, death will occur without such procedures or interventions. The term 'life-sustaining procedures' shall not include the provision of nourishment or hydration but a patient may direct the withholding or withdrawal of the provision of nourishment or hydration in a POLST form. The term 'life-sustaining procedures' shall not include the administration of medication to alleviate pain or the performance of any medical procedure deemed necessary to alleviate pain.
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(7) 'Physician Orders for Life-Sustaining Treatment form' or 'POLST form' means a form executed pursuant to this Code section which provides directions regarding the patient's end of life care. (8) 'Provision of nourishment or hydration' means the provision of nutrition or fluids by tube or other medical means. (9) 'State of permanent unconsciousness' means an incurable or irreversible condition in which the patient is not aware of himself or herself or his or her environment and in which the patient is showing no behavioral response to his or her environment. (10) 'Terminal condition' means an incurable or irreversible condition which would result in the patient's death in a relatively short period of time. (b) The department shall develop and make available a Physician Orders for LifeSustaining Treatment form. Such form shall provide directions regarding the patient's end of life care and may be voluntarily executed by either a patient who has decisionmaking capacity and an attending physician or, if the patient does not have decisionmaking capacity, by the patient's authorized person and an attending physician; provided, however, that this shall not prevent a health care facility from imposing additional administrative or procedural requirements regarding a patient's end of life care decisions. A POLST form may be executed when a patient has a serious illness or condition and the attending physician's reasoned judgment is that the patient will die within the next 365 days; provided, however, that a POLST form may be executed at any time if a person has been diagnosed with dementia or another progressive, degenerative disease or condition that attacks the brain and results in impaired memory, thinking, and behavior. A POLST form, if signed by an authorized person, shall indicate the relationship of the authorized person to the patient pursuant to paragraph (3) of Code Section 31-39-2. (c)(1) A POLST form shall constitute a legally sufficient order that may be utilized by a health care provider or health care facility in accordance with its policies and procedures regarding end of life care. Such an order shall remain effective unless the order is revoked by the attending physician upon the consent of the patient or the patient's authorized person. An attending physician who has issued such an order and who transfers care of the patient to another physician shall inform the receiving physician and the health care facility, if applicable, of the order. Review of the POLST form is recommended at care transitions, and such review should be specified on the form. (2) A POLST form signed by the patient and attending physician and indicating 'allow natural death' or 'do not resuscitate' or the equivalent may be implemented without restriction. If the POLST form (i) is signed by the attending physician and an authorized person instead of the patient and (ii) indicates 'allow natural death' or 'do not resuscitate' or the equivalent, in compliance with subsection (c) of Code Section 31-39-4, the POLST form may be implemented or become effective when the patient is a candidate for nonresuscitation, and such consent shall be based in good faith upon what such authorized person determines such candidate for nonresuscitation would
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have wanted had such candidate for nonresuscitation understood the circumstances under which such order is being considered. (3) A POLST form addressing interventions other than resuscitation and signed by the patient and attending physician may be implemented without restriction. If the POLST form is signed by an authorized person who is the health care agent named by the patient in an advance directive for health care and the attending physician, in compliance with paragraph (1) of subsection (e) of Code Section 31-32-7, all treatment indications on the POLST form may be implemented. If the POLST form is signed by an authorized person who is not the health care agent named by the patient in an advance directive for health care, treatment indications on the POLST form may be implemented or become effective only when the patient is in a terminal condition or a state of permanent unconsciousness; provided, however, that a POLST form may become effective at any time if a person has been diagnosed with dementia or another progressive, degenerative disease or condition that attacks the brain and results in impaired memory, thinking, and behavior. (4) A POLST form shall be portable with the patient across care settings and shall be valid in any health care facility in which the patient who is the subject of such form is being treated; provided, however, that this shall not prevent a health care facility from imposing additional requirements regarding a patient's end of life care decisions. A health care facility and a health care provider, in its discretion, may rely upon a POLST form as legally valid consent by the patient to the terms therein. (5) A copy of a POLST form shall be valid and have the same meaning and effect as the original document. (6) A physician orders for life-sustaining treatment form which was executed in another state, which is valid under the laws of such state and which is substantially similar to the Georgia POLST form, and contains signatures of (i) either the patient or an authorized person and (ii) the attending physician, shall be treated as a POLST form which complies with this Code section. (d)(1) Each health care provider, health care facility, and any other person who acts in good faith reliance on a POLST form shall be protected and released to the same extent as though such provider, facility, or other person had interacted directly with the patient as a fully competent person. Without limiting the generality of the foregoing, the following specific provisions shall also govern, protect, and validate the acts of an authorized person and each such health care provider, health care facility, and any other person acting in good faith reliance on such POLST form:
(A) No such health care provider, health care facility, or person shall be subject to civil or criminal liability or discipline for unprofessional conduct solely for complying with a patient's end of life care decisions as provided in a POLST form, even if death or injury to the patient ensues; (B) No such health care provider, health care facility, or person shall be subject to civil or criminal liability or discipline for unprofessional conduct solely for failure to comply with a patient's end of life care decisions in a POLST form, so long as such health care provider, health care facility, or person promptly informs the
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patient or the patient's authorized person of such health care provider's, health care facility's, or person's refusal or failure to comply with such patient's end of life care decisions in a POLST form. The authorized person shall then be responsible for arranging the patient's transfer to another health care provider or health care facility. A health care provider, health care facility, or person who is unwilling to comply with a patient's end of life care decisions in a POLST form shall continue to provide reasonably necessary consultation and care in connection with the pending transfer; (C) If the actions of a health care provider, health care facility, or person who fails to comply with a patient's end of life care decisions in a POLST form are substantially in accord with reasonable medical standards at the time of reference; and such provider, facility, or person cooperates in the transfer of the patient, then the health care provider, health care facility, or person shall not be subject to civil or criminal liability or discipline for unprofessional conduct for failure to comply with such patient's end of life care decisions in a POLST form; (D) No authorized person who, in good faith, acts with due care for the benefit of the patient and in accordance with a patient's end of life care decisions in a POLST form, or who fails to act, shall be subject to civil or criminal liability for such action or inaction; and (E) If a POLST form is revoked, a person shall not be subject to criminal prosecution or civil liability for acting in good faith reliance upon a patient's end of life care decisions in a POLST form unless such person had actual knowledge of the revocation. (2) No person shall be civilly liable for failing or refusing in good faith to effectuate a patient's end of life care decisions in a POLST form regarding the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration. (3) No physician or any person acting under a physician's direction and no health care facility or any agent or employee thereof who, acting in good faith in accordance with the requirements of this Code section, causes the withholding or withdrawal of lifesustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration from a patient or who otherwise participates in good faith therein shall be subject to any civil or criminal liability or guilty of unprofessional conduct therefor. (4) Any person who participates in the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration pursuant to a patient's end of life care decisions in a POLST form and who has actual knowledge that such POLST form has been properly revoked shall not have any civil or criminal immunity otherwise granted under this subsection for such conduct. (e) In the event there are any directions in a patient's previously executed living will, advance directive for health care, durable power of attorney for health care, do not resuscitate order, or other legally authorized instrument that conflict with the directions
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in a POLST form, the most recent instrument will take precedence to the extent of the conflict. (f) Nothing in this Code section shall be construed to authorize any act prohibited by Code Section 16-5-5. Any health care provider, health care facility, or any other person who violates Code Section 16-5-5 shall not be entitled to any civil immunity provided pursuant to this Code section."
SECTION 2. Chapter 39 of Title 31 of the Official Code of Georgia Annotated, relating to cardiopulmonary resuscitation, is amended by revising subsections (a) and (c) of Code Section 31-39-4, relating to persons authorized to issue an order not to resuscitate, as follows:
"(a) It shall be lawful for the attending physician to issue an order not to resuscitate pursuant to the requirements of this chapter. Any written order issued by the attending physician using the term 'do not resuscitate,' 'DNR,' 'order not to resuscitate,' 'do not attempt resuscitation,' 'DNAR,' 'no code,' 'allow natural death,' 'AND,' 'order to allow natural death,' or substantially similar language in the patient's chart shall constitute a legally sufficient order and shall authorize a physician, health care professional, nurse, physician assistant, caregiver, or emergency medical technician to withhold or withdraw cardiopulmonary resuscitation. Such an order shall remain effective, whether or not the patient is receiving treatment from or is a resident of a health care facility, until the order is canceled as provided in Code Section 31-39-5 or until consent for such order is revoked as provided in Code Section 31-39-6, whichever occurs earlier. An attending physician who has issued such an order and who transfers care of the patient to another physician shall inform the receiving physician and the health care facility, if applicable, of the order." "(c) The appropriate authorized person may, after being informed of the provisions of this Code section, consent orally or in writing to an order not to resuscitate for an adult candidate for nonresuscitation; provided, however, that such consent is based in good faith upon what such authorized person determines such candidate for nonresuscitation would have wanted had such candidate for nonresuscitation understood the circumstances under which such order is being considered. Where such authorized person is an agent under a durable power of attorney for health care or a health care agent under an advance directive for health care appointed pursuant to Chapter 32 of this title or where a Physician Orders for Life-Sustaining Treatment form with a code status of 'do not resuscitate' or its equivalent has been executed in accordance with Code Section 31-1-14 by an authorized person who is an agent under a durable power of attorney for health care or a health care agent under an advance directive for health care appointed pursuant to Chapter 32 of this title, the attending physician may issue an order not to resuscitate a candidate for nonresuscitation pursuant to the requirements of this chapter without the concurrence of another physician, notwithstanding the provisions of paragraph (4) of Code Section 31-39-2."
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SECTION 3. Code Section 16-5-5 of the Official Code of Georgia Annotated, relating to assisted suicide and notification of licensing board regarding violations, is amended by revising paragraphs (3) and (4) of subsection (c) as follows:
"(3) Any person prescribing, dispensing, or administering medications or medical procedures pursuant to, without limitation, a living will, a durable power of attorney for health care, an advance directive for health care, a Physician Orders for LifeSustaining Treatment form pursuant to Code Section 31-1-14, or a consent pursuant to Code Section 29-4-18 or 31-9-2 when such actions are calculated or intended to relieve or prevent a patient's pain or discomfort but are not calculated or intended to cause such patient's death, even if the medication or medical procedure may have the effect of hastening or increasing the risk of death; (4) Any person discontinuing, withholding, or withdrawing medications, medical procedures, nourishment, or hydration pursuant to, without limitation, a living will, a durable power of attorney for health care, an advance directive for health care, a Physician Orders for Life-Sustaining Treatment form pursuant to Code Section 31-114, a consent pursuant to Code Section 29-4-18 or 31-9-2, or a written order not to resuscitate; or"
SECTION 4. Code Section 16-5-101 of the Official Code of Georgia Annotated, relating to neglect to a disabled adult, elder person, or resident, is amended by revising subsection (b) as follows:
"(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, hospice, or long-term care facility, nor any agent or employee thereof who is in good faith 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, a Physician Orders for Life-Sustaining Treatment form pursuant to Code Section 31-114, 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 essential services or shelter to any person in the absence of another legal obligation to do so."
SECTION 5. 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 subsections (k) and (l) as follows:
"(k)(1) No hospital or other health care facility, health care provider, or other person or entity shall be subject to civil or criminal liability or discipline for unprofessional conduct solely for relying in good faith on any direction or decision by a temporary medical consent guardian, even if death or injury to the medical consent ward ensues. Each hospital or other health care facility, health care provider, and any other person
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or entity who acts in good faith reliance on any direction or decision by a temporary medical consent guardian shall be protected and released to the same extent as though such person had interacted directly with the medical consent ward as a fully competent person. (2) No temporary medical consent guardian who, in good faith, acts with due care for the benefit of the medical consent ward, or who fails to act, shall be subject to civil or criminal liability for such action or inaction. (3) Any person who acts in good faith in accordance with a Physician Order for Lifesustaining Treatment developed pursuant to subsection (l) of this Code section shall have all of the immunity granted pursuant to Code Section 31-32-10. (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 or his or her authorized person as defined in Code Section 31-39-2 and a physician which provides directions regarding end of life care."
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 Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin
Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns N Caldwell, J Y Caldwell, M
E Coomer Y Cooper Y Corbett E 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd
Fludd
Y Harbin Harden
Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince E Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes
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
Stover Y Strickland Y Tankersley Y Tanner
Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch
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Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton
Golick Y Gordon Y Gravley
Greene Y Hamilton
Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Rice Y Roberts Y Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sims
Weldon Y Werkheiser 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 158, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 810 Do Pass
Respectfully submitted, /s/ Knight of the 130th
Chairman
The following messages were received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 461. By Representatives Shaw of the 176th, Strickland of the 111th, Stephens of the 165th, Maxwell of the 17th, Watson of the 172nd and others:
A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals
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recyclers; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 552. By Representatives Williamson of the 115th, Shaw of the 176th, Smith of the 134th, Efstration of the 104th and Golick of the 40th:
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 changes to the captive insurance company provisions; to add certain definitions; to change prerequisites to transacting insurance; to amend provisions relating to directors; to revise the required amounts of capital or surplus for each captive insurance company; to provide for application of certain provisions to the examination of a captive insurance company and add confidentiality of certain information and documents provided to the Commissioner; to change the taxation requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 85. By Representatives Harrell of the 106th, Kidd of the 145th and Epps of the 144th:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the regulation of alcoholic beverages, so as to change certain provisions relating to the sale or furnishing of alcoholic beverages to patients or inmates of Central State Hospital and to the sale or possession of alcoholic beverages near or upon the grounds of such hospital; 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 566. By Representatives Nix of the 69th, Rynders of the 152nd, Holmes of the 129th and Stephens of the 165th:
A BILL to be entitled an Act to amend an Act to provide for the composition and number of state house districts, approved August 24, 2011 (Ga. L. 2011, Ex. Sess., p. 3), as amended, particularly by an Act approved February 23, 2012 (Ga. L. 2012, p. 21), so as to revise the boundaries of certain state house districts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
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Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 72. By Representatives Willard of the 51st, Jones of the 47th, Abrams of the 89th, Cooper of the 43rd, Hugley of the 136th and others:
A BILL to be entitled an Act to amend Title 16, Article 1 of Chapter 8 of Title 17, Chapter 5 of Title 30, and Title 31 of the O.C.G.A., relating to crimes and offenses, general provisions for trial, protection of disabled adults and elder persons, and health, respectively, so as to expand and clarify protection of disabled adults and elder persons; to provide for and revise definitions; to repeal provisions relating to exclusion of evidence obtained during the execution of an inspection warrant; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 308. By Representatives Stephens of the 164th, Peake of the 141st and Harbin of the 122nd:
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, computation, rate, and exemptions from state income taxes, so as to revise the tax credit for the rehabilitation of historic structures; to provide for procedures, conditions, and limitations; to provide for a sunset date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 8.
By Senators Unterman of the 45th, Butler of the 55th, Miller of the 49th and Hill of the 32nd:
A BILL to be entitled an Act to amend Chapter 3 of Title 9, Chapter 21 of Title 15, Title 16, and Article 1 of Chapter 5 of Title 49 of the O.C.G.A., relating to limitations of actions, payment and disposition of fines and forfeitures, crimes and offenses, and children and youth services, respectively, so as to make provisions for children who have been sexually exploited; to provide for related matters; to provide for an effective date and contingent effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
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A BILL TO BE ENTITLED AN ACT
To amend Chapter 3 of Title 9, Code Section 15-6-95, Chapter 21 of Title 15, Chapter 6 of Title 16, Code Section 42-1-12, and Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to limitations of actions, priorities of distribution of fines, bond forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court, payment and disposition of fines and forfeitures, sexual offenses, the State Sexual Offender Registry, and children and youth services, respectively, so as to increase protection and resources for children who have been sexually exploited; to extend the statute of limitations for actions for childhood sexual abuse; to change provisions relating to the statute of limitations for injuries to the person; to change provisions relating to tolling of limitations for a minor's cause of action; to change provisions relating to the tolling of limitations for tort actions while criminal prosecution is pending; to create the Safe Harbor for Sexually Exploited Children Fund and the Safe Harbor for Sexually Exploited Children Fund Commission; to provide for definitions; to provide for appointment of members of the commission and personnel; to provide for duties of the commission and allow for expenses; to provide for recommendations of changes in state programs, laws, and policies; to provide for acceptance of federal funds and individual donations; to provide for fines and penalties; to provide for collection of fines and disposition of moneys collected; to impose a state regulatory assessment on certain adult entertainment establishments; to provide for the powers, duties, and authority of the Department of Revenue and the commissioner of revenue; to provide for a duty to collect; to provide for the priority of the fund when partial payments are made; to expand forfeiture proceedings involving pimping under certain circumstances to include keeping a place of prostitution, pimping, pandering, and pandering by compulsion; to require registration on the State Sexual Offender Registry when an individual is convicted of trafficking a person for sexual servitude; to require the Department of Human Services to implement a plan to provide services to sexually exploited children; to provide for a short title; to provide for legislative findings and a purpose statement; to provide for related matters; to provide for an effective date and contingent effective date; 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 Harbor/Rachel's Law Act."
SECTION 1-2. (a) The General Assembly finds that arresting, prosecuting, and incarcerating victimized children serves to retraumatize children and increases their feelings of low self-esteem,
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making the process of recovery more difficult. The General Assembly acknowledges that both federal and state laws recognize that sexually exploited children are the victims of crime and should be treated as victims. The General Assembly finds that sexually exploited children deserve the protection of child welfare services, including family support, crisis intervention, counseling, and emergency housing services. The General Assembly finds that it is necessary and appropriate to adopt uniform and reasonable assessments and regulations to help address the deleterious secondary effects, including but not limited to, prostitution and sexual exploitation of children, associated with adult entertainment establishments that allow the sale, possession, or consumption of alcohol on premises and that provide to their patrons performances and interaction involving various forms of nudity. The General Assembly finds that a correlation exists between adult live entertainment establishments and the sexual exploitation of children. The General Assembly finds that adult live entertainment establishments present a point of access for children to come into contact with individuals seeking to sexually exploit children. The General Assembly further finds that individuals seeking to exploit children utilize adult live entertainment establishments as a means of locating children for the purpose of sexual exploitation. The General Assembly acknowledges that many local governments in this state and in other states found deleterious secondary effects of adult entertainment establishments are exacerbated by the sale, possession, or consumption of alcohol in such establishments. (b) The purpose of this Act is to protect a child from further victimization after he or she is discovered to be a sexually exploited child by ensuring that a child protective response is in place in this state. The purpose and intended effect of this Act in imposing assessments and regulations on adult entertainment establishments is not to impose a restriction on the content or reasonable access to any materials or performances protected by the First Amendment of the United States Constitution or Article I, Section I, Paragraph V of the Constitution of this state.
PART II SECTION 2-1.
Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions, is amended by revising Code Section 9-3-33, relating to limitations for actions for injuries to the person, as follows:
"9-3-33. Except as otherwise provided in this article, actions Actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues."
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SECTION 2-2.
Said chapter is further amended by revising Code Section 9-3-33.1, relating to limitations for actions for childhood sexual abuse, as follows:
"9-3-33.1. (a)(1) As used in this Code section subsection, the term 'childhood sexual abuse' means any act committed by the defendant against the plaintiff which act occurred when the plaintiff was under the age of 18 years of age and which act would have been proscribed by Code Section 16-6-1, relating to rape; Code Section 16-6-2, relating to sodomy and aggravated sodomy; Code Section 16-6-3, relating to statutory rape; Code Section 16-6-4, relating to child molestation and aggravated child molestation; Code Section 16-6-5, relating to enticing a child for indecent purposes; Code Section 16-6-12, relating to pandering; Code Section 16-6-14, relating to pandering by compulsion; Code Section 16-6-15, relating to solicitation of sodomy; Code Section 16-6-22, relating to incest; Code Section 16-6-22.1, relating to sexual battery; or Code Section 16-6-22.2, relating to aggravated sexual battery, or any prior laws of this state of similar effect which were in effect at the time the act was committed be in violation of: (A) Rape, as prohibited in Code Section 16-6-1; (B) Sodomy or aggravated sodomy, as prohibited in Code Section 16-6-2; (C) Statutory rape, as prohibited in Code Section 16-6-3; (D) Child molestation or aggravated child molestation, as prohibited in Code Section 16-6-4; (E) Enticing a child for indecent purposes, as prohibited in Code Section 16-6-5; (F) Pandering, as prohibited in Code Section 16-6-12; (G) Pandering by compulsion, as prohibited in Code Section 16-6-14; (H) Solicitation of sodomy, as prohibited in Code Section 16-6-15; (I) Incest, as prohibited in Code Section 16-6-22; (J) Sexual battery, as prohibited in Code Section 16-6-22.1; or (K) Aggravated sexual battery, as prohibited in Code Section 16-6-22.2. (b)(2) Notwithstanding Code Section 9-3-33, any Any civil action for recovery of damages suffered as a result of childhood sexual abuse committed before July 1, 2015, shall be commenced within five years of on or before the date the plaintiff attains the age of majority 23. (b)(1) As used in this subsection, the term 'childhood sexual abuse' means any act committed by the defendant against the plaintiff which occurred when the plaintiff was under 18 years of age and which would be in violation of: (A) Trafficking a person for sexual servitude, as prohibited in Code Section 16-546; (B) Rape, as prohibited in Code Section 16-6-1; (C) Statutory rape, as prohibited in Code Section 16-6-3, if the defendant was 21 years of age or older at the time of the act; (D) Aggravated sodomy, as prohibited in Code Section 16-6-2;
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(E) Child molestation or aggravated child molestation, as prohibited in Code Section 16-6-4, unless the violation would be subject to punishment as provided in paragraph (2) of subsection (b) of Code Section 16-6-4 or paragraph (2) of subsection (d) of Code Section 16-6-4; (F) Enticing a child for indecent purposes, as prohibited in Code Section 16-6-5, unless the violation would be subject to punishment as provided in subsection (c) of Code Section 16-6-5; (G) Incest, as prohibited in Code Section 16-6-22; (H) Aggravated sexual battery, as prohibited in Code Section 16-6-22.2; or (I) Part 2 of Article 3 of Chapter 12 of Title 16. (2) Notwithstanding Code Section 9-3-33, any civil action for recovery of damages suffered as a result of childhood sexual abuse committed on or after July 1, 2015, shall be commenced on or before the date the plaintiff attains the age of 25."
SECTION 2-3. Said chapter is further amended by revising Code Section 9-3-90, relating to persons under disability or imprisoned when cause of action accrues, as follows:
"9-3-90. (a) Individuals Minors and persons who are legally incompetent because of mental retardation or mental illness, who are such when the cause of action accrues, shall be entitled to the same time after their disability is removed to bring an action as is prescribed for other persons. (b) Except as otherwise provided in Code Section 9-3-33.1, individuals who are less than 18 years of age when a cause of action accrues shall be entitled to the same time after he or she reaches the age of 18 years to bring an action as is prescribed for other persons. (b)(c) No action accruing to a person an individual imprisoned at the time of its accrual which, prior:
(1) Prior to July 1, 1984, has been barred by the provisions of this chapter relating to limitations of actions shall be revived by this chapter, as amended. No action accruing to a person imprisoned at the time of its accrual which would; or (2) Would be barred before July 1, 1984, by the provisions of this chapter, as amended, but which would not be so barred by the provisions of this chapter in force immediately prior to July 1, 1984, shall be barred until July 1, 1985."
SECTION 2-4. Said chapter is further amended by revising Code Section 9-3-99, relating to tolling of limitations for tort actions while criminal prosecution is pending, as follows:
"9-3-99. The running of the period of limitations with respect to any cause of action in tort that may be brought by the victim of an alleged crime which arises out of the facts and circumstances relating to the commission of such alleged crime committed in this state shall be tolled from the date of the commission of the alleged crime or the act giving
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rise to such action in tort until the prosecution of such crime or act has become final or otherwise terminated, provided that such time does not exceed six years, except as otherwise provided in Code Section 9-3-33.1."
PART III SECTION 3-1.
Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, is amended by adding a new article to read as follows:
"ARTICLE 11
15-21-200. This article is enacted pursuant to Article III, Section IX, Paragraph VI(o) of the Constitution, which provision authorizes additional penalty assessments for violations relating to certain sexual crimes, authorizes assessments on certain businesses, and provides that the proceeds derived therefrom may be used for the purpose of meeting the costs of care and rehabilitative and social services for certain citizens of this state who have been sexually exploited.
15-21-201. As used in this article, the term:
(1) 'Adult entertainment establishment' means any place of business or commercial establishment where alcoholic beverages of any kind are sold, possessed, or consumed 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) 'Commission' means the Safe Harbor for Sexually Exploited Children Fund Commission.
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(3) 'Fund' means the Safe Harbor for Sexually Exploited Children Fund. (4) 'Safe house' means a licensed residential facility that provides safe and secure shelter. (5) 'Sexually explicit conduct' shall have the same meaning as set forth in Code Section 16-12-100. (6) 'Sexually exploited child' means a person who is younger than 18 years of age who:
(A) Has been the victim of trafficking of persons for sexual servitude in violation of Code Section 16-5-46; (B) Has engaged in sodomy, prostitution, solicitation of sodomy, or masturbation for hire; or (C) Has been the victim of sexually explicit conduct for the purpose of producing any print or visual medium. (7) '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. (8) 'Visual medium' shall have the same meaning as set forth in Code Section 16-12100.
15-21-202. (a) There is established the Safe Harbor for Sexually Exploited Children Fund Commission which is assigned to the Division of Family and Children Services of the Department of Human Resources for administrative purposes only, as prescribed in Code Section 50-4-3. (b) There is created the Safe Harbor for Sexually Exploited Children Fund as a separate fund in the state treasury. The state treasurer shall credit to the fund all amounts transferred to the fund and shall invest the fund moneys in the same manner as authorized for investing other moneys in the state treasury. (c) The commission may authorize the disbursement of available money from the fund, after appropriation thereof, for purposes of providing care, rehabilitative services, residential housing, health services, and social services, including establishing safe houses, to sexually exploited children and to a person, entity, or program eligible pursuant to criteria to be set by the commission. The commission shall also consider disbursement of available money from the fund to a person, entity, or program devoted to awareness and prevention of becoming a sexually exploited child. The commission may also authorize the disbursement of fund money for the actual and necessary operating expenses that the commission incurs in performing its duties; provided, however, that such disbursements shall be kept at a minimum in furtherance of the primary purpose of the fund, which is to disburse money to provide care and rehabilitative and social services for sexually exploited children.
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15-21-203. (a) The commission shall consist of eight members. Seven of the members shall serve for terms of two years, except that with respect to the first members appointed, two members shall be appointed for terms of three years, four members for terms of two years, and one member for a term of one year. The director of the Division of Family and Children Services of the Department of Human Services shall be a permanent member of the commission. The chairperson of the Criminal Justice Coordinating Council, the commissioner of behavioral health and developmental disabilities, and the director of the Division of Family and Children Services of the Department of Human Services shall each appoint one member of the commission; the President of the Senate and the Speaker of the House of Representatives shall each appoint two of the remaining four members. The Governor shall establish initial terms of office for all members of the commission within the limitations of this subsection. (b) In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the original appointment, and the successor shall serve for the unexpired term. (c) Membership on the commission shall not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership. (d) The Governor shall designate a chairperson of the commission from among the members, which chairperson shall serve in that position at the pleasure of the Governor. The commission may elect such other officers and committees as it considers appropriate. (e) The commission, with the approval of the Governor, may employ such professional, technical, or clerical personnel as deemed necessary to carry out the purposes of this article.
15-21-204. Members of the commission shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the commission is in attendance at a meeting of such commission, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. Expense allowances and other costs authorized in this Code section shall be paid from moneys in the fund.
15-21-205. (a) The commission shall:
(1) Meet at such times and places as it shall determine necessary or convenient to perform its duties on the call of the chairperson or the Governor; (2) Maintain minutes of its meetings; (3) Adopt rules and regulations for the transaction of its business;
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(4) Accept applications for disbursements of available money from the fund; (5) Develop a state-wide protocol for helping to coordinate the delivery of services to sexually exploited children; (6) Provide oversight and accountability for any program that receives disbursements from the fund; (7) Maintain records of all its expenditures, funds received as gifts and donations, and disbursements made from the fund; and (8) Conform to the standards and requirements prescribed by the state accounting officer pursuant to Chapter 5B of Title 50. (b) The commission shall utilize existing state resources and staff of participating departments whenever practicable.
15-21-206. The commission may recommend to the Governor and the General Assembly changes in state programs, laws, policies, budgets, and standards relating to the care and rehabilitation of sexually exploited children, changes to improve coordination among state agencies that provide care and rehabilitative and social services to sexually exploited children, and changes to improve the condition of sexually exploited children who are in need of rehabilitative and social services.
15-21-207. The commission may accept and solicit federal funds granted by Congress or executive order for the purposes of this article as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds shall not commit state funds and shall not place an obligation upon the General Assembly to continue the purposes for which the federal funds are made available. All such funds received in the manner described in this Code section shall be transmitted to the state treasurer for deposit into the fund to be disbursed as other moneys in the fund.
15-21-208. (a) In every case in which any court in this state shall impose a fine, which shall be construed to include costs, for trafficking a person for sexual servitude in violation of Code Section 16-5-46 or any violation of Code Section 16-6-10, 16-6-11, 16-6-12, 166-14, 16-6-15, 16-6-16, or 16-12-100, there shall be imposed an additional penalty of $2,500.00 if the defendant was 18 years of age or older at the time of the offense. (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 chapter. (c) The sums provided for in this Code section shall be assessed and collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and shall be paid over by the last day of the following month to the Georgia Superior Court Clerks' Cooperative Authority for remittance to the Safe Harbor for Sexually Exploited
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Children Fund Commission, to be deposited into the Safe Harbor for Sexually Exploited Children Fund. (d) Any person whose duty it is to collect or remit the sums provided for in this Code section who intentionally refuses to collect or remit such sums shall be guilty of a misdemeanor.
15-21-209. (a) By April 30 of each calendar year, each adult entertainment establishment shall pay to the commissioner of revenue a state operation assessment equal to the greater of 1 percent of the previous calendar year's gross revenue or $5,000.00. This state assessment shall be in addition to any other fees and assessments required by the county or municipality authorizing the operation of an adult entertainment business. (b) The previous year's gross revenue of an adult entertainment establishment shall be determined based upon tax returns filed with the Department of Revenue. The commissioner of revenue may, by rule or regulation, require other reports or returns to be filed by an adult entertainment establishment as he or she deems appropriate. (c) The assessments collected pursuant to this Code section shall be remitted to the Safe Harbor for Sexually Exploited Children Fund Commission, to be deposited into the Safe Harbor for Sexually Exploited Children Fund. (d) The assessments imposed by this Code section shall be assessed and collected in the same manner as taxes due the state in Title 48 and appeals of such assessments shall be within the jurisdiction of the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50. (e) The commissioner of revenue shall be authorized to promulgate any rules and regulations he or she deems necessary to implement and administer the provisions of this Code section."
SECTION 3-2. Code Section 15-6-95 of the Official Code of Georgia Annotated, relating to priorities of distribution of fines, bond forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court, is amended by deleting "and" at the end of paragraph (13), by replacing the period with "; and" at the end of paragraph (14), and by adding a new paragraph (15) to read as follows:
"(15) The amount provided for in Code Section 15-21-208 for the Safe Harbor for Sexually Exploited Children Fund."
PART IV SECTION 4-1.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subsection (b) of Code Section 16-3-6, relating to affirmative defenses to certain sexual crimes, as follows:
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"(b) A person shall not be guilty of a sexual crime if the conduct upon which the alleged criminal liability is based was committed by an accused who was:
(1) Less than 18 years of age at the time of the conduct such person was being trafficked for sexual servitude in violation of subsection (c) of Code Section 16-5-46; or (2) Acting under coercion or deception while the accused was being trafficked for sexual servitude in violation of subsection (c) of Code Section 16-5-46."
SECTION 4-2. Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the State Sexual Offender Registry, is amended in paragraph (10) of subsection (a) by revising subparagraph (a)(10)(B) and adding a new subparagraph and by adding a new subsection to read as follows:
"(B) 'Dangerous sexual offense' with respect to convictions occurring after June 30, between July 1, 2006, and June 30, 2015, means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this paragraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses:
(i) Aggravated assault with the intent to rape in violation of Code Section 16-521; (ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent; (iii) False imprisonment in violation of Code Section 16-5-41 which involves a victim who is less than 14 years of age, except by a parent; (iv) Rape in violation of Code Section 16-6-1; (v) Sodomy in violation of Code Section 16-6-2; (vi) Aggravated sodomy in violation of Code Section 16-6-2; (vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older; (viii) Child molestation in violation of Code Section 16-6-4; (ix) Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense; (x) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (xi) Sexual assault against persons in custody in violation of Code Section 16-65.1; (xii) Incest in violation of Code Section 16-6-22; (xiii) A second conviction for sexual battery in violation of Code Section 16-622.1; (xiv) Aggravated sexual battery in violation of Code Section 16-6-22.2; (xv) Sexual exploitation of children in violation of Code Section 16-12-100; (xvi) Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1;
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(xvii) Computer pornography and child exploitation prevention in violation of Code Section 16-12-100.2; (xviii) Obscene telephone contact in violation of Code Section 16-12-100.3; or (xix) Any conduct which, by its nature, is a sexual offense against a victim who is a minor or an attempt to commit a sexual offense against a victim who is a minor. (B.1) 'Dangerous sexual offense' with respect to convictions occurring after June 30, 2015, means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this paragraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses: (i) Aggravated assault with the intent to rape in violation of Code Section 16-521; (ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent; (iii) Trafficking a person for sexual servitude in violation of Code Section 16-546; (iv) Rape in violation of Code Section 16-6-1; (v) Sodomy in violation of Code Section 16-6-2; (vi) Aggravated sodomy in violation of Code Section 16-6-2; (vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older; (viii) Child molestation in violation of Code Section 16-6-4; (ix) Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense; (x) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (xi) Sexual assault against persons in custody in violation of Code Section 16-65.1; (xii) Incest in violation of Code Section 16-6-22; (xiii) A second conviction for sexual battery in violation of Code Section 16-622.1; (xiv) Aggravated sexual battery in violation of Code Section 16-6-22.2; (xv) Sexual exploitation of children in violation of Code Section 16-12-100; (xvi) Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1; (xvii) Computer pornography and child exploitation in violation of Code Section 16-12-100.2; (xviii) Obscene telephone contact in violation of Code Section 16-12-100.3; or (xix) Any conduct which, by its nature, is a sexual offense against a victim who is a minor or an attempt to commit a sexual offense against a victim who is a minor." "(r) Any violation of this Code section is declared to be a continuous offense, and venue for such offense shall be considered to have been committed in any county where: (1) A sexual offender is required to register;
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(2) An accused fails to comply with the requirements of this Code section; or (3) An accused provides false information."
SECTION 4-3. Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended by revising Code Section 49-5-8, relating to the powers and duties of department, by adding a new subsection to read as follows:
"(d)(1) As used in this subsection, the term 'sexually exploited child' shall have the same meaning as set forth in Code Section 15-21-201. (2) The department, in consultation with the Office of the Child Advocate for the Protection of Children, the Criminal Justice Coordinating Council, and law enforcement officials, shall develop a plan for the delivery of services to sexually exploited children, victims of trafficking of persons for labor servitude, and such children and persons who are at risk of becoming victims of such offenses. In developing such plan, the department shall work with state and federal agencies, public and private entities, and other stakeholders as it deems appropriate and shall periodically review such plans to ensure appropriate services are being delivered. Such plan shall include:
(A) Identifying children who need services; (B) Providing assistance with applications for federal and state benefits, compensation, and services; (C) Coordinating the delivery of physical and mental health, housing, education, job training, child care, legal, and other services; (D) Preparing and disseminating educational and training materials to increase awareness of available services; (E) Developing and maintaining community based services; (F) Providing assistance with family reunification or repatriation to a country of origin; and (G) Providing law enforcement officials assistance in identifying children in need of such services."
PART VA SECTION 5A-1.
Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by revising subsection (c) of Code Section 16-6-13.2, relating to forfeiture and seizure of property and in rem actions, as follows:
"(c)(1) Any motor vehicle operated by a person to facilitate a violation of Code Section 16-6-10, 16-6-11, 16-6-12, or 16-6-14 where the offense involved the pimping of a person under the age of 18 years to perform an act of prostitution and involved a motor vehicle or operated by a person who has been convicted of or pleaded nolo contendere for two previous violations of Code Section 16-6-11 or 16-612 involving a motor vehicle within a five-year period and who is convicted or pleads
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nolo contendere to a third violation of Code Section 16-6-11 or 16-6-12 involving a motor vehicle within the same five-year period is declared to be contraband and subject to forfeiture to the state, as provided in this Code section. (2) For the purpose of this subsection, a violation of Code Section 16-6-10, 16-6-11, or 16-6-12, or 16-6-14 involving a motor vehicle shall mean a violation of Code Section 16-6-10, 16-6-11, or 16-6-12, or 16-6-14 in which a motor vehicle is used to violate said Code section or in which the violation occurred."
SECTION 5A-2. Said chapter is further amended by revising subsection (a) of Code Section 16-6-13.3, relating to proceeds from pimping, forfeiture, and distribution, as follows:
"(a) Any proceeds or money which is used, intended for use, used, directly or indirectly, used or intended for use in any manner to facilitate, or derived from a violation of Code Section 16-6-10, 16-6-11, wherein any of the persons involved in performing an act of prostitution is under the age of 18, is 16-6-12, or 16-6-14 is declared to be contraband and shall be forfeited to the state and no person shall have a property interest in it such proceeds or money. Such proceeds or money may be seized or detained in the same manner as provided in Code Section 16-13-49 and shall not be subject to replevin, conveyance, sequestration, or attachment."
PART VB SECTION 5B-1.
Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses is amended by repealing in its entirety Code Section 16-6-13.2, relating to forfeiture and seizure of property involving pimping and pandering, and enacting a new Code Section 16-6-13.2 to read as follows:
"16-6-13.2. (a) As used in this Code section, the term 'motor vehicle' shall have the same meaning as set forth in Code Section 40-1-1. (b) Any motor vehicle used by a person to facilitate a violation of Code Section 16-610, 16-6-11, 16-6-12, or 16-6-14 is declared to be contraband and no person shall have a property right in it. (c) Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9."
SECTION 5B-2. Said chapter is further amended by repealing in its entirety Code Section 16-6-13.3, relating to proceeds from pimping, forfeiture, and distribution, and enacting a new Code Section 16-6-13.3 to read as follows:
"16-6-13.3. (a) As used in this Code section, the terms 'proceeds' and 'property' shall have the same meanings as set forth in Code Section 9-16-2.
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(b) Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of Code Section 16-6-10, 16-6-11, 16-6-12, or 16-6-14 and any proceeds are declared to be contraband and no person shall have a property right in them. (c) Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9."
PART VI SECTION 6-1.
(a) Except as provided in subsections (b) and (c) of this section, this Act shall become effective on July 1, 2015. (b) Part 3 of this Act shall become effective on January 1, 2017, provided that a constitutional amendment is passed by the General Assembly and is ratified by the voters in the November, 2016, General Election amending the Constitution of Georgia to authorize the General Assembly to provide specific funding to the Safe Harbor for Sexually Exploited Children Fund. If such an amendment to the Constitution of Georgia is not so ratified, then Part 3 of this Act shall not become effective and shall stand repealed by operation of law on January 1, 2017.
(c)(1) Part 5B of this Act shall become effective on July 1, 2015, only if HB 233 is enacted by the General Assembly and becomes law in 2015, in which event Part 5A of this Act shall not become effective and shall stand repealed on July 1, 2015. (2) If HB 233 does not become law in 2015, then Part 5A of this Act shall become effective on July 1, 2015, and Part 5B of this Act shall not become effective and shall stand repealed on July 1, 2015.
SECTION 6-2. 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 E Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague Y Bell
N Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson N Hightower Y Hitchens Y Holcomb E Holmes
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal N Pak Y Parrish
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
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Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cantrell Y Carson Y Carter N Casas Y Chandler Y Cheokas N Clark, D N Clark, H Y Clark, V
Coleman N Cooke
Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo N Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. N Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick
Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin N Martin Y Maxwell Y Mayo N McCall Y McClain
Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett N Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
N Stover Y Strickland Y Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 150, nays 22.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 94. By Representatives Williams of the 119th, Yates of the 73rd, Atwood of the 179th and Belton of the 112th:
A BILL to be entitled an Act to amend Part 1 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding the ad valorem taxation of motor vehicles and motor homes, so as to exempt certain members of the armed forces from penalties for failure to timely pay the ad valorem tax; to provide for related matters; to
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provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
HB 98. By Representatives Coomer of the 14th, Caldwell of the 131st, Atwood of the 179th, Meadows of the 5th, Holcomb of the 81st and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to provide for direct appeals and appeals requiring an application for appeals to the appellate courts on matters pertaining to courts-martial; to amend Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, so as to repeal and reenact Article 5, the "Georgia Code of Military Justice"; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
HB 412. By Representatives Hamilton of the 24th, Nimmer of the 178th, Fleming of the 121st, Ehrhart of the 36th, Bryant of the 162nd 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 workers' compensation; 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 TUESDAY, MARCH 31, 2015
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 39th Legislative Day as enumerated below:
UNCONTESTED HOUSE/SENATE RESOLUTIONS
HR 765 HR 806 HR 826
House Study Committee on School Counseling and the Role of School Counselors; create (Ed-Chandler-105th) House Study Committee on Life Insurance Consumer Disclosures; create (Ins-Rogers-29th) Congress of the United States, National Institutes of Health and its National Cancer Institute; increase funding for childhood cancer research and to continue their support for pediatric clinical trials in Georgia; urge (H&HSTankersley-160th)
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HR 827 HR 829
House Study Committee on the Preservation of the HOPE Scholarship Program; create (Rules-Ramsey-72nd) House Welfare Fraud Study Committee; create (H&HS-Clark-98th)
DEBATE CALENDAR
Open Rule
None
Modified Open Rule
None
Modified Structured Rule
SB 138
Social Services; provide for various reforms regarding the state's child welfare system (Substitute)(Judy-Coomer-14th) Miller-49th (AM 33 1556)
Structured Rule
SB 127
Ethics in Government; provide for waivers of certain civil penalties and fees incurred by candidates for local elected office (Substitute)(GAffFleming-121st) Jeffares-17th (Rules Committee Substitute LC 28 7681S)
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 127. By Senators Jeffares of the 17th, Harbison of the 15th, Harper of the 7th, Williams of the 19th, Stone of the 23rd and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; to provide for exceptions; to provide for refunds of certain civil penalties and fees; to provide for legislative findings; to provide for
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related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and withdrawn:
A BILL TO BE ENTITLED AN ACT
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to revise advance voting times and dates; to provide that no person shall be eligible for or shall qualify for party nomination for or election to public office if such person or such person's campaign committee from a previous primary or election has certain outstanding late fees, fines, or penalties under the Ethics in Government Act; to provide for exceptions; to provide definitions; to provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; to provide for exceptions; to provide for refunds of certain civil penalties and fees; to provide for an exception from contribution limitations for contributions or expenditures made by a party caucus of the House of Representatives or the Senate in support of a party ticket or a group of named candidates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections, is amended by revising subsection (d) of Code Section 21-2-385, relating to procedure for voting by absentee ballot and advance voting, as follows:
"(d)(1) There shall be a period of advance voting that shall commence: (A) On the fourth on the third Monday immediately prior to each primary, or election, or runoff from a primary or election; (B) On the fourth Monday immediately prior to a runoff from a general primary; (C) On the fourth Monday immediately prior to a runoff from a general election in which there are candidates for a federal office on the ballot in the runoff; and (D) As soon as possible prior to a runoff from any other general election in which there are only state or county candidates on the ballot in the runoff
and shall end on the Friday immediately prior to each primary, election, or runoff. Voting shall be conducted during normal business hours on weekdays during such period and shall be conducted on the second Saturday prior to a primary, or election, or runoff during the hours of 9:00 A.M. through 4:00 P.M.; provided, however, that in primaries and elections in which there are no federal or state candidates on the ballot, no Saturday voting hours shall be required Counties and municipalities shall choose to either conduct voting on the second Sunday prior to such primary, election, or runoff between the hours of 12:00 Noon through 4:00 P.M. or on the third Saturday prior to
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such primary, election, or runoff between the hours of 9:00 A.M. and 1:00 P.M., but not both. Except as otherwise provided in this paragraph, counties and municipalities may extend the hours for voting beyond regular business hours on weekdays and may provide for additional voting locations pursuant to Code Section 21-2-382 to suit the needs of the electors of the jurisdiction at their option; provided, however, that advance voting hours on Saturdays and Sundays shall not be extended. Notwithstanding any provision of this subsection to the contrary, for runoffs from primaries or elections for which there are only state or county candidates on the ballot in the runoff, advance voting shall begin as soon as possible and practicable following such primary or election. (2) The registrars or absentee ballot clerk, as appropriate, shall provide reasonable notice prior to the beginning of the absentee voting period specified in Code Section 21-2-384 and during the absentee voting period to the electors of their jurisdiction of the availability of advance voting as well as the times, dates, and locations at which advance voting will be conducted. In addition, the registrars or absentee ballot clerk shall notify the Secretary of State in the manner prescribed by the Secretary of State of the times, dates, and locations at which advance voting will be conducted prior to the beginning of the absentee voting period specified in Code Section 21-2-384."
SECTION 2. Said title is further amended in Code Section 21-2-8, relating to eligibility for party nomination, public office, or performance of certain official acts of persons convicted and sentenced for certain crimes, illegally holding any public funds, and effect of disqualification of superintendent, by designating the existing text as subsection (a) and adding a new subsection to read as follows:
"(b) No person shall be eligible for or shall qualify for party nomination for or election to public office if such person or such person's campaign committee from any previous primary or election has outstanding late fees, fines, or penalties pursuant to paragraph (14) of subsection (b) of Code Section 21-5-6, Code Section 21-5-7.1, or subsection (k) of Code Section 21-5-34; provided, however, that, if such person or person's campaign committee has a pending request for a waiver under Code Section 21-5-7.2 or if such waiver or any late fee, fine, or penalty has been appealed and such appeal is pending, such person shall be permitted to qualify."
SECTION 3. Said title is further amended in Code Section 21-5-3, relating to definitions, by revising paragraph (12) and adding new paragraphs (5.1), (10.1), and (12.1) to read as follows:
"(5.1) 'Communication' means: (A) A paid advertisement broadcast over radio, television, cable, or satellite; (B) A paid placement of content on the Internet or other electronic communication networks; (C) A paid advertisement published in a periodical or on a billboard; (D) Paid telephone communications that are directed to 100 or more households;
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(E) Mailings that are sent or distributed to 100 or more households; or (F) Printed materials that exceed 1,000 copies." "(10.1) 'Election targeted issue advocacy' means any communication other than express election advocacy made within 180 days of an election that: (A) Refers to one or more clearly identified candidates in such election; (B) Depicts the name, image, likeness, or voice of one or more clearly identified candidates in such election; (C) Refers to a political party or body having candidates on the ballot at such election; or (D) Refers to a constitutional amendment, referendum, or other question being submitted to the voters in such election." "(12) 'Expenditure' means a purchase, payment, distribution, loan, advance, deposit, or any transfer of money or anything of value made for the purpose of influencing the nomination for election or election of any person, bringing about the recall of a public officer holding elective office or opposing the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in this state or in a county or a municipal election in this state. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. The term 'expenditure' shall also include the payment of a qualifying fee for and on behalf of a candidate. The term shall include the purchase of or payment for communications for express election advocacy and election targeted issue advocacy. (12.1) 'Express election advocacy' means any communication made at any time that: (A) Contains express words, such as 'vote,' 'oppose,' 'support,' 'elect,' 'defeat,' or 'reject,' which call for the nomination, election, or defeat of one or more clearly identified candidates, the election or defeat of one or more political parties or bodies, or the passage or defeat of one or more constitutional amendments, referenda, or other questions submitted to the voters in any election; or (B) Otherwise refers to or depicts one or more clearly identified candidates, political parties or bodies, or constitutional amendments, referenda, or other questions submitted to the voters in a manner that is susceptible to no reasonable interpretation other than as a call for the nomination, election, or defeat of such candidates in an election, the election or defeat of such political parties or bodies, or the passage or defeat of constitutional amendments, referenda, or other questions submitted to the voters in any election."
SECTION 4. Said title is further amended by adding a new Code section to read as follows:
"21-5-7.2. (a) Upon written request of a candidate or in a response by the candidate to any notification from the commission alleging noncompliance with the provisions of this chapter for filings required between January 1, 2010, and January 10, 2014, the
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commission shall be authorized to waive late fees, fines, and civil penalties incurred by candidates for public office for those offices defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3 regarding the late, incomplete, or nonfiling of campaign disclosure reports and personal financial disclosure reports. Such request or response shall be filed not later than December 31, 2015. (b) For candidates who paid late fees, fines, or civil penalties between January 1, 2014, and the effective date of this Code section based upon alleged noncompliance with the provisions of this chapter for filings required between January 1, 2010, and January 10, 2014, such candidates may make a written request to the commission for a waiver under this Code section, and, if granted, the commission may refund such late fees, fines, and civil penalties to the candidate and shall expunge all of the alleged violations which were the basis of such late fees, fines, or civil penalties from the candidate's records. Such request shall be filed not later than December 31, 2015. (c) With regard to filings which were required under this chapter during the period between January 1, 2010, and January 10, 2014, there shall be a rebuttable presumption that all candidates for a public office for those offices defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3 timely filed or attempted to file the required reports but were unable to do so as a result of the problems with the commission's computer system during such time period. Such rebuttable presumption may be overcome by proof that such candidate knowingly and willfully refused to file the required report during such period. (d) The commission shall approve or deny each request for waiver within 12 months after receipt of the request by the commission. If such request for a waiver is denied, the candidate may, within 30 days following the candidate's receipt of notice of the denial, demand a hearing on such request for a waiver before the Office of State Administrative Hearings. (e) In the event that the commission grants a waiver under this Code section and within two years following the effective date of this Code section discovers evidence that the person to whom such waiver was granted was guilty of knowingly and willfully refusing to file the report or reports for which such waiver was granted, the commission may revoke such waiver, reimpose all such late fees, fines, and penalties, and take such further actions as the commission is authorized to do as if such waiver had never been granted."
SECTION 5. Said title is further amended in Code Section 21-5-41, relating to maximum allowable contributions, by revising subsection (j) as follows:
"(j) The contribution limitations provided for in this Code section shall not include contributions or expenditures made by a political party or party caucus of the House of Representatives or the Senate in support of a party ticket or a group of named candidates."
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SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that no person shall be eligible for or shall qualify for party nomination for or election to public office if such person or such person's campaign committee from a previous primary or election has certain outstanding late fees, fines, or penalties under the Ethics in Government Act; to provide for exceptions; to require notice of write-in candidacy filings to include an authorization by the candidate if such filings are not done by the candidate; to eliminate references to municipal registrars; to revise certain terminology; to revise certain forms of proof of citizenship; to provide for the dissemination of certain voter registration information; to provide for the updating of municipal maps to the board of registrars; to provide for the transfer of voter registration to another county in certain circumstances; to provide for the provision of absentee ballots without additional request in certain circumstances; to revise the information required on absentee ballot envelopes; to revise the reporting requirements for a pilot project for electronic handling of absentee ballots; to clarify assistance in voting procedures; to regulate certain activities within and within close proximity to polling places; to clarify the procedures for use of provisional ballots; to provide definitions; to provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; to provide for exceptions; to provide for refunds of certain civil penalties and fees; to provide for an exception from contribution limitations for contributions or expenditures made by a party caucus of the House of Representatives or the Senate in support of a party ticket or a group of named candidates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections, is amended in Code Section 21-2-8, relating to eligibility for party nomination, public office, or performance of certain official acts of persons convicted and sentenced for certain crimes, illegally holding any public funds, and effect of disqualification of
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superintendent, by designating the existing text as subsection (a) and adding a new subsection to read as follows:
"(b) No person shall be eligible for or shall qualify for party nomination for or election to public office if such person or such person's campaign committee from any previous primary or election has outstanding late fees, fines, or penalties pursuant to paragraph (14) of subsection (b) of Code Section 21-5-6, Code Section 21-5-7.1, or subsection (k) of Code Section 21-5-34; provided, however, that, if such person or person's campaign committee has a pending request for a waiver under Code Section 21-5-7.2 or if such waiver or any late fee, fine, or penalty has been appealed and such appeal is pending, such person shall be permitted to qualify."
SECTION 2. Said title is further amended by revising subsection (a) of Code Section 21-2-133, relating to giving notice of intent of write-in candidacy, filing of affidavit, limitations on candidacy, and certification of candidates, as follows:
"(a) No person elected on a write-in vote shall be eligible to hold office unless notice of his or her intention of candidacy was filed and published no earlier than January 1 and no later than the Tuesday after the first Monday in September prior to the election for county, state, and federal elections; no later than seven days after the close of the qualifying period for nonpartisan elections in the case of nonpartisan elections for state or county offices; no later than seven days after the close of the municipal qualifying period for municipal elections in the case of a general election; or no later than seven days after the close of the special election qualifying period for a special election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the subject election, as follows:
(1) In a state general or special election, notice shall be filed with the Secretary of State and published in a newspaper of general circulation in the state; (2) In a general or special election of county officers, notice shall be filed with the superintendent of elections in the county in which he or she is to be a candidate and published in the official organ of the same county; or (3) In a municipal general or special election, notice shall be filed with the superintendent and published in the official gazette of the municipality holding the election. In the event that such intention of candidacy is filed and published by a person or group of persons other than the candidate, such person or group of persons shall also file a written, notarized authorization by the candidate for such filing and publication."
SECTION 3. Said title is further amended by revising subsection (c) of Code Section 21-2-212, relating to county registrars; appointment, certification, term of service, vacancies, compensation, and expenses of chief registrar, registrars, and other officers and employees; and budget estimates, as follows:
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"(c) The governing authority of each municipality shall appoint registrars as necessary, and the appointments shall be entered on the minutes of such governing authority. The municipal governing authority shall designate one of the registrars as chief registrar. The chief registrar will serve as such during such registrar's term of office, and such designation shall likewise be entered on the minutes of such governing authority. Such registrars shall serve at the pleasure of the municipal governing authority, and compensation of the registrars shall be fixed by such governing authority. Any registrar shall have the right to resign at any time by submitting a resignation to such governing authority. In the event of any such removal or resignation of a registrar, such registrar's duties and authority as such shall terminate instantly. Successors to resigned registrars shall be appointed by the municipal governing authority. Each appointment or change in designation shall be entered on the minutes of such governing authority and certified by the governing authority. The municipal governing authority may furnish such employees and facilities as it deems necessary for the operation of the office and the affairs of the registrars Reserved."
SECTION 4. Said title is further amended by revising Code Section 21-2-214, relating to qualifications of registrars and deputy registrars, prohibited political activities, oath of office, privilege from arrest, and duties conducted in public, as follows:
"21-2-214. (a) Members of the board of registrars shall be electors of the this state and the county in which they serve, and any deputy registrars shall be electors of the this state. All registrars shall be able to read, write, and speak the English language. Municipal registrars shall be registered Georgia voters and shall be able to read, write, and speak the English language. Registrars and deputy registrars shall have never been convicted of a felony involving moral turpitude unless such person's civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude and shall never have been convicted of a crime involving fraud, and the appointing authority shall be authorized to investigate the applicant's criminal history before making such appointment. (b) The office of a member of a county or municipal board of registrars, a deputy registrar, member of a county or municipal board of elections or county or municipal board of elections and registration, or a member of a joint county-municipal board of elections or joint county-municipal board of elections and registration shall be vacated immediately upon such officer's qualifying for any nomination or office to be voted for at a primary or election or qualifying for any nomination or office or qualifying to have such officer's name placed on any primary or election ballot pursuant to Code Sections 21-2-132 and 21-2-153 or giving notice of such officer's intention of write-in candidacy; provided, however, that this Code section shall not apply to a chief deputy registrar who is also an elected public officer and who seeks to qualify for reelection to the public office such chief deputy registrar is presently holding. Nothing contained in
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this Code section shall cause the office of a member of a county or municipal board of registrars, deputy registrar, member of a county or municipal board of elections or county or municipal board of elections and registration, or a member of a joint countymunicipal board of elections or joint county-municipal board of elections and registration to be vacated upon qualifying for or having such officer's name placed on the ballot or holding office in a political party or body or serving as a presidential elector. (c) No member of a county or municipal board of registrars, deputy registrar, member of a county or municipal board of elections or county or municipal board of elections and registration, or a member of a joint county-municipal board of elections or joint county-municipal board of elections and registration, while conducting the duties of such person's office, shall engage in any political activity on behalf of a candidate, political party or body, or question, including, but not limited to, distributing campaign literature, engaging in any communication that advocates or criticizes a particular candidate, officeholder, or political party or body, and wearing badges, buttons, or clothing with partisan messages. (d) Before entering upon the duties of office, each registrar and deputy registrar shall take the following oath before some officer authorized to administer oaths under the laws of this state:
'I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law as (deputy) registrar.' (e) Registrars, deputy registrars, election superintendents, and poll officers shall be privileged from arrest upon days of primaries and elections, except for fraudulent misconduct of duty, felony, larceny, or breach of the peace. (f) The registrars shall conduct their duties in public, and all hearings on the qualifications of electors shall be conducted in public."
SECTION 5. Said title is further amended by revising paragraph (2) of subsection (g) of Code Section 21-2-216, relating to qualifications of electors generally, reregistration of electors purged from list, eligibility of nonresidents who vote in presidential elections, retention of qualification for standing as elector, evidence of citizenship, and check of convicted felons and deceased persons databases, as follows:
"(2) Satisfactory evidence of citizenship shall include any of the following: (A) The number of the applicant's Georgia driver's license or identification card issued by the Department of Driver Services if the applicant has provided satisfactory evidence of United States citizenship to the Department of Driver Services or a legible photocopy of the applicant's driver's license or identification card issued by an equivalent government agency of another state if the agency indicates on the driver's license or identification card that the applicant has provided satisfactory evidence of United States citizenship to the agency; (B) A legible photocopy of the applicant's birth certificate that verifies citizenship to the satisfaction of the board of registrars;
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(C) A legible photocopy of pertinent pages of the applicant's United States passport identifying the applicant and the applicant's passport number or presentation to the board of registrars of the applicant's United States passport; (D) A presentation to the board of registrars of the applicant's United States naturalization documents or the alien registration number from the applicant's naturalization documents. If only the applicant's alien registration number is provided, the applicant shall not be found eligible to vote until the applicant's alien registration number is verified with the United States Citizenship and Immigration Services by the board of registrars; (E) Other documents or methods of proof that are established pursuant to the federal Immigration Reform and Control Act of 1986 (P. L. 99-603); (F) The A legible photocopy of the applicant's Bureau of Indian Affairs card number, tribal treaty card number, or tribal enrollment number card that verifies citizenship to the satisfaction of the board of registrars; and (G) For residents of this state who are United States citizens but are not in possession of any of the documents or methods of proof enumerated under subparagraphs (A) through (F) of this paragraph, other documents or methods of proof for establishing evidence of United States citizenship which shall be promulgated by rule and regulation of the State Election Board."
SECTION 6. Said title is further amended by revising subsection (e) of Code Section 21-2-224, relating to registration deadlines, restrictions on voting in primaries, official list of electors, and voting procedure when portion of county changed from one county to another, as follows:
"(e) The county board of registrars shall deliver to the chief registrar of the municipality, upon a basis mutually agreed upon between the county board of registrars and the governing authority of the municipality, a copy of the list of electors for the municipality for the primary or election. Such list shall be delivered not earlier than the fifth Monday prior to a primary or election and not later than 21 days prior to such primary or election for the purpose of permitting the chief registrar of the municipality to check the accuracy of the list. The municipal registrar municipality shall, upon receipt of the county registration list, or as soon as practicable thereafter but in no event later than five days prior to such primary or election, review such list and identify in writing to the county board of registrars any names on the electors list of persons who are not qualified to vote at such primary or election, stating the reason for disqualification. The county board of registrars shall challenge the persons identified in accordance with Code Section 21-2-228. In addition, the county board of registrars shall provide a list of inactive electors for the municipality. The municipal registrar municipality shall certify such lists and file with the city clerk a copy showing the names of electors entitled to vote at such primary or election."
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SECTION 7. Said title is further amended by revising subsection (b) of Code Section 21-2-225, relating to confidentiality of original registration applications, limitations on registration data available for public inspection, and data made available by Secretary of State, as follows:
"(b) Except as provided in Code Section 21-2-225.1, all data collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article shall be available for public inspection with the exception of bank statements submitted pursuant to subsection (c) of Code Section 21-2-220 and subsection (c) of Code Section 21-2-417, the month and day of birth, the social security numbers, e-mail addresses, and driver's license numbers of the electors, and the locations at which the electors applied to register to vote, which shall remain confidential and shall be used only for voter registration purposes; provided, however, that any and all information relating to the dates of birth, social security numbers, and driver's license numbers of electors may be made available to other agencies of this state, to agencies of other states and territories of the United States, and to agencies of the federal government if the agency is authorized to maintain such information and the information is used only to identify the elector on the receiving agency's data base and is not disseminated further and remains confidential. Information regarding an elector's year of birth shall be available for public inspection."
SECTION 8. Said title is further amended by revising subsection (c) of Code Section 21-2-226, relating to duties of county board in determining eligibility of voters, maps of municipal boundaries, notice of ineligibility, issuance of registration cards, and reimbursement for postage cost, as follows:
"(c) It shall be the duty of each incorporated municipality located wholly or partially within the boundaries of a county to provide a detailed map showing the municipal boundaries, municipal precinct boundaries, and voting district boundaries to the county board of registrars no later than January 1, 1995, and within 15 days after the preclearance of any changes in such municipal boundaries, precinct boundaries, or voting district boundaries pursuant to Section 5 of the federal Voting Rights Act of 1965 (42 U.S.C. Section 1973c), as amended any subsequent changes to such boundaries. Upon receiving any changes in municipal boundaries, the county board of registrars shall provide to the municipal registrar municipality a list of all voters affected by such changes with the street addresses of such electors for the purpose of verifying the changes with the municipality. Upon receiving the list of electors affected by changes in municipal boundaries, the municipal registrar municipality shall immediately review the information provided by the county registrars and advise the county registrars of any discrepancies."
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SECTION 9. Said title is further amended by revising subsection (d) of Code Section 21-2-233, relating to comparison of change of address information supplied by United States Postal Service with electors list, removal from list of electors, and notice to electors, as follows:
"(d) Whenever an elector's name is removed from the list of electors by the county registrars because the elector has furnished in writing to the registrar a residence address that is located outside of the State of Georgia, the registrars shall notify the elector in writing at the elector's new address that the elector's name is being deleted from the list of electors. Whenever an elector's registration is transferred by the county registrars to another county in this state because the elector has furnished in writing to the registrar a residence address that is located in this state outside of the elector's present county of registration in accordance with subsection (c) of this Code section, the registrars of the county of the elector's former residence shall notify the elector in writing at the elector's new address that the elector's registration is being transferred to the new address. The registrars of the county of the elector's new address shall provide the elector with a new registration precinct card pursuant to Code Section 21-2-226."
SECTION 10. Said title is further amended by revising subsection (d) of Code Section 21-2-234, relating to electors who have failed to vote and with whom there has been no contact in three years, confirmation notice requirements and procedure, and time for completion of list maintenance activities, as follows:
"(d) If the elector returns the card and shows that he or she has changed residence to a place outside of the State of Georgia, the elector's name shall be removed from the appropriate list of electors. If the elector confirms the change of address to an address outside of the boundaries of the county or municipality in which the elector is currently registered, the elector's name shall be removed from the appropriate list of electors and information shall be sent to the elector explaining how the elector can continue to be eligible to vote but still within the State of Georgia, the elector's registration shall be transferred to the new county or municipality. The Secretary of State or the registrars shall forward the confirmation card to the registrars of the county in which the elector's new address is located, and the registrars of the county of the new address shall update the voter registration list to reflect the change of address."
SECTION 11. Said title is further amended by revising Code Section 21-2-380.1, relating to appointment of absentee ballot clerk, as follows:
"21-2-380.1. The governing authority of a municipality shall appoint an absentee ballot clerk who may be the county registrar, municipal registrar, or any other designated official and who shall perform the duties set forth in this article."
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SECTION 12. Said title is further amended by revising subparagraph (a)(1)(G) of Code Section 21-2381, relating to making of application for absentee ballot, determination of eligibility by ballot clerk, furnishing of applications to colleges and universities, and persons entitled to make application, as follows:
"(G) Any elector meeting criteria of advanced age or disability specified by rule or regulation of the State Election Board or any elector who is entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended, may request in writing on one application a ballot for a presidential preference primary held pursuant to Article 5 of this chapter and for a primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates as well as any runoffs resulting therefrom. If not so requested by such person, a separate and distinct application shall be required for each primary, run-off primary, election, and run-off election. Except as otherwise provided in this subparagraph, a separate and distinct application for an absentee ballot shall always be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary."
SECTION 13. Said title is further amended by revising paragraph (1) of subsection (c) of Code Section 21-2-384, relating to preparation and delivery of supplies, mailing of ballots, oath of absentee electors and persons assisting absentee electors, master list of ballots sent, challenges, and electronic transmission of ballots, as follows:
"(c)(1) The oaths referred to in subsection (b) of this Code section shall be in substantially the following form:
I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address is __________ County, Georgia, for voting purposes; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot, nor will I mark or mail another absentee ballot for voting in such primary or election; nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot; and that I have carefully complied with such instructions in completing this ballot. I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law. ____________________ Elector's Residence Address for Voting Purposes
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____________________ Month and Day Year of Elector's Birth ________________________ Signature or Mark of Elector
Oath of Person Assisting Elector (if any): I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking such elector's absentee ballot as such elector personally communicated such elector's preference to me; and that such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-2-409. This, the ______ day of _________, _________.
________________________ Signature of Person Assisting Elector Relationship Reason for assistance (Check appropriate square): ( ) Elector is unable to read the English language. ( ) Elector requires assistance due to physical disability. The forms upon which such oaths are printed shall contain the following information: Georgia law provides, in subsection (b) of Code Section 21-2-409, that no person shall assist more than ten electors in any primary, election, or runoff in which there is no federal candidate on the ballot. Georgia law further provides that any person who knowingly falsifies information so as to vote illegally by absentee ballot or who illegally gives or receives assistance in voting, as specified in Code Section 21-2-568 or 21-2-573, shall be guilty of a felony."
SECTION 14. Said title is further amended by revising subsections (e) and (f) of Code Section 21-2387, relating to pilot program for electronic handling of absentee ballots, requirements for pilot program, reporting, and termination of pilot program, as follows:
"(e) The Secretary of State shall review the results of the pilot program and shall provide the members of the General Assembly with a comprehensive report no later than 90 days following the primary or general election cycle in which such pilot program is used on the effectiveness of such pilot program with any recommendations for its continued use and any needed changes in such program for future primaries and elections. (f) The pilot program shall be used in the first primary or general election cycle following:
(1) The inclusion in the Appropriations Act of a specific line item appropriation for funding of such pilot program or a determination by the Secretary of State that there is adequate funding through public or private funds, or a combination of public and
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private funds, to conduct the pilot program; provided, however, that no funds shall be accepted from registered political parties or political bodies for this purpose; and (2) Certification by the Secretary of State that such pilot program is feasible and can be implemented for such primary or general election."
SECTION 15. Said title is further amended by revising subsection (b) of Code Section 21-2-409, relating to assisting electors who cannot read English or who have disabilities, as follows:
"(b)(1) In elections in which there is a federal candidate on the ballot, any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select any person of the elector's choice except such elector's employer or agent of that employer or officer or agent of such elector's union to enter the voting compartment or booth with him or her to assist in voting, such assistance to be rendered inside the voting compartment or booth. (2) In all other elections, any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select:
(A) Any elector, except a poll officer or poll watcher, who is a resident of the precinct in which the elector requiring assistance is attempting to vote; or (B) The mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law, or attendant care provider of the elector entitled to receive assistance to enter the voting compartment or booth with him or her to assist in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist, under this paragraph, more than ten such electors in any primary, election, or runoff covered by this paragraph. No person whose name appears on the ballot as a candidate at a particular election nor the mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of that candidate shall offer assistance during that particular election under the provisions of this Code section paragraph to any voter who is not related to such candidate. For the purposes of this paragraph, 'related to such candidate' shall mean the candidate's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law."
SECTION 16. Said title is further amended by revising subsections (a) and (c) of Code Section 21-2414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, cellular phone use prohibited, prohibition of candidates from entering certain polling places, and penalty, as follows:
"(a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute or display any campaign literature, newspaper, booklet, pamphlet,
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card, sign, paraphernalia, or any other written or printed matter of any kind, nor shall any person solicit signatures for any petition or conduct any exit poll or public opinion poll with voters, nor shall any person establish or set up any voter information or assistance tables, booths, or stations on any day in which ballots are being cast:
(1) Within 150 feet of the outer edge of any building within which a polling place is established; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place. These restrictions shall not apply to conduct occurring in private offices or areas which cannot be seen or heard by such electors." "(c) Reserved Except for credentialed poll watchers, poll workers, and law enforcement officers, poll officers may manage the number of persons allowed in the polling place to prevent confusion, congestion, and inconvenience to voters."
SECTION 17. Said title is further amended by revising subsection (a) of Code Section 21-2-418, relating to provisional ballots, as follows:
"(a) If a person presents himself or herself at a polling place, absentee polling place, or registration office in his or her county of residence in this state for the purpose of casting a ballot in a primary or election believing stating a good faith belief that he or she has timely registered to vote in that county for such primary or election and the person's name does not appear on the list of registered electors, the person shall be entitled to cast a provisional ballot in his or her county of residence in this state as provided in this Code section."
SECTION 18. Said title is further amended by revising subsection (c) of Code Section 21-2-500, relating to delivery of voting materials, presentation to grand jury in certain cases, preservation and destruction, and destruction of unused ballots, as follows:
"(c) Immediately upon completing the returns required by this article, the municipal superintendent shall deliver in sealed containers to the city clerk the used and void ballots and the stubs of all ballots used; one copy of the oaths of poll officers; and one copy of each numbered list of voters, tally paper, voting machine paper proof sheet, and return sheet involved in the primary or election. In addition, the municipal superintendent shall deliver copies of the voting machine ballot labels, computer chips containing ballot tabulation programs, copies of computer records of ballot design, and similar items or an electronic record of the program by which votes are to be recorded or tabulated, which is captured prior to the election, and which is stored on some alternative medium such as a CD-ROM or floppy disk simultaneously with the programming of the PROM or other memory storage device. Such ballots and other documents shall be preserved under seal in the office of the city clerk for at least 24 months; and then they may be destroyed unless otherwise provided by order of the mayor and council if a contest has been filed or by court order, provided that the
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electors list, voter's certificates, and duplicate oaths of assisted electors shall be immediately returned by the superintendent to the county or municipal registrar as appropriate."
SECTION 19. Said title is further amended in Code Section 21-5-3, relating to definitions, by revising paragraph (12) and adding new paragraphs (5.1), (10.1), and (12.1) to read as follows:
"(5.1) 'Communication' means: (A) A paid advertisement broadcast over radio, television, cable, or satellite; (B) A paid placement of content on the Internet or other electronic communication networks; (C) A paid advertisement published in a periodical or on a billboard; (D) Paid telephone communications that are directed to 100 or more households; (E) Mailings that are sent or distributed to 100 or more households; or (F) Printed materials that exceed 1,000 copies."
"(10.1) 'Election targeted issue advocacy' means any communication other than express election advocacy made within 180 days of an election that:
(A) Refers to one or more clearly identified candidates in such election; (B) Depicts the name, image, likeness, or voice of one or more clearly identified candidates in such election; (C) Refers to a political party or body having candidates on the ballot at such election; or (D) Refers to a constitutional amendment, referendum, or other question being submitted to the voters in such election." "(12) 'Expenditure' means a purchase, payment, distribution, loan, advance, deposit, or any transfer of money or anything of value made for the purpose of influencing the nomination for election or election of any person, bringing about the recall of a public officer holding elective office or opposing the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in this state or in a county or a municipal election in this state. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. The term 'expenditure' shall also include the payment of a qualifying fee for and on behalf of a candidate. The term shall include the purchase of or payment for communications for express election advocacy and election targeted issue advocacy. (12.1) 'Express election advocacy' means any communication made at any time that: (A) Contains express words, such as 'vote,' 'oppose,' 'support,' 'elect,' 'defeat,' or 'reject,' which call for the nomination, election, or defeat of one or more clearly identified candidates, the election or defeat of one or more political parties or bodies, or the passage or defeat of one or more constitutional amendments, referenda, or other questions submitted to the voters in any election; or
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(B) Otherwise refers to or depicts one or more clearly identified candidates, political parties or bodies, or constitutional amendments, referenda, or other questions submitted to the voters in a manner that is susceptible to no reasonable interpretation other than as a call for the nomination, election, or defeat of such candidates in an election, the election or defeat of such political parties or bodies, or the passage or defeat of constitutional amendments, referenda, or other questions submitted to the voters in any election."
SECTION 20. Said title is further amended by adding a new Code section to read as follows:
"21-5-7.2. (a) Upon written request of a candidate or in a response by the candidate to any notification from the commission alleging noncompliance with the provisions of this chapter for filings required between January 1, 2010, and January 10, 2014, the commission shall be authorized to waive late fees, fines, and civil penalties incurred by candidates for public office for those offices defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3 regarding the late, incomplete, or nonfiling of campaign disclosure reports and personal financial disclosure reports. Such request or response shall be filed not later than December 31, 2015. (b) For candidates who paid late fees, fines, or civil penalties between January 1, 2014, and the effective date of this Code section based upon alleged noncompliance with the provisions of this chapter for filings required between January 1, 2010, and January 10, 2014, such candidates may make a written request to the commission for a waiver under this Code section, and, if granted, the commission may refund such late fees, fines, and civil penalties to the candidate and shall expunge all of the alleged violations which were the basis of such late fees, fines, or civil penalties from the candidate's records. Such request shall be filed not later than December 31, 2015. (c) With regard to filings which were required under this chapter during the period between January 1, 2010, and January 10, 2014, there shall be a rebuttable presumption that all candidates for a public office for those offices defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3 timely filed or attempted to file the required reports but were unable to do so as a result of the problems with the commission's computer system during such time period. Such rebuttable presumption may be overcome by proof that such candidate knowingly and willfully refused to file the required report during such period. (d) The commission shall approve or deny each request for waiver within 12 months after receipt of the request by the commission. If such request for a waiver is denied, the candidate may, within 30 days following the candidate's receipt of notice of the denial, demand a hearing on such request for a waiver before the Office of State Administrative Hearings. (e) In the event that the commission grants a waiver under this Code section and within two years following the effective date of this Code section discovers evidence that the person to whom such waiver was granted was guilty of knowingly and willfully
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refusing to file the report or reports for which such waiver was granted, the commission may revoke such waiver, reimpose all such late fees, fines, and penalties, and take such further actions as the commission is authorized to do as if such waiver had never been granted."
SECTION 21.
Said title is further amended in Code Section 21-5-41, relating to maximum allowable contributions, by revising subsection (j) as follows:
"(j) The contribution limitations provided for in this Code section shall not include contributions or expenditures made by a political party or party caucus of the House of Representatives or the Senate in support of a party ticket or a group of named candidates."
SECTION 22. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 23. All laws and parts of laws in conflict 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 Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner
Y Coomer Y Cooper Y Corbett E 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens N Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey
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 N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner
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Y Burns Y Caldwell, J N Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Fleming Floyd
Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 138. By Senators Miller of the 49th, Dugan of the 30th, Hill of the 32nd, Kennedy of the 18th, Jackson of the 24th and others:
A BILL to be entitled an Act to amend Title 49 of the Official Code of Georgia Annotated, relating to social service; to repeal a provision relating to the Council for Welfare Administration; 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 49 of the Official Code of Georgia Annotated, relating to social services, so as to provide for various reforms regarding the state's child welfare system pursuant to a comprehensive review by the Governor's Child Welfare Reform Council; to provide that the director of the Division of Family and Children Services of the Department of Human Services is appointed by the Governor; to establish the DFCS State Advisory Board; to provide requirements for members appointed to county boards of family and children services; to clarify the primary purpose of county departments of family and children services; to establish DFCS Regional Advisory Boards; to revise definitions; to provide for casework services; to revise provisions regarding foster children; to provide for the sharing of data relating to the care and protection of children between agencies; to provide for legislative findings; to provide for the establishment of an interagency data protocol; to provide for interagency agreements; to provide a manner to address legal impediments that are identified; to provide for statutory construction; to provide for
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contact with a school regarding reports of suspected child abuse; to provide for access to a child's medical and educational records by a foster parent; to repeal certain provisions deemed unconstitutional regarding a central child abuse registry; to enact new provisions to provide for the establishment of a central child abuse registry; to provide for definitions; to provide for the reporting of convictions and substantiated cases of child abuse to the Division of Family and Children Services; to provide for entry of reported convictions and substantiated cases into the registry; to provide for a hearing to contest inclusion of a name in the registry; to limit access to information in the registry; to provide for confidentiality; to provide for immunity; to amend Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to dependency proceedings, so as to revise provisions relating to DFCS case plans; to provide that a temporary absence shall not be considered a placement change; to revise provisions relating to permanency planning reports and hearings; to amend Code Section 50-5-69 of the Official Code of Georgia Annotated, relating to purchases without competitive bidding, so as to provide for certain contracts regarding children in state care or custody; to repeal a provision relating to the Council for Welfare Administration; 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 49 of the Official Code of Georgia Annotated, relating to social services, is amended in Chapter 2, relating to the Department of Human Services, by adding new Code sections to read as follows:
"49-2-18. (a) The Governor shall appoint the director of the Division of Family and Children Services of the department who shall serve at the pleasure of the Governor. The director shall be an employee of the department but shall report directly to the Governor. (b) The director shall have a college degree and at least one of the following qualifications:
(1) Educational background or managerial experience involving work with vulnerable populations; (2) Work experience in a setting dealing with the safety or well-being of children or other vulnerable populations; or (3) Experience working in or managing a complex, multidisciplinary business or government agency.
49-2-19. (a) There is established the DFCS State Advisory Board which shall consist of 20 members appointed by the Governor as follows:
(1) One representative from each of the 15 DFCS regions; and (2) Five members who are either state legislators or representatives from the fields of:
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(A) Child welfare; (B) Former youth in foster care; (C) Public health or behavioral health and developmental disabilities; (D) Private child welfare care provider; or (E) Juvenile justice. (b) The advisory board shall review and make recommendations to the director of the Division of Family and Children Services of the department regarding issues relating to the protection of children and the welfare and public assistance functions of the division. Such review and recommendations shall include, but not be limited to, the following: (1) Examination of current law, rules and regulations, and policy and recommendations to improve the ability of the division to increase the safety of children, respond to child maltreatment, and ensure the well-being of and timely permanency for children who are referred to and involved in the child welfare system; (2) Propose legislative or administrative changes to policies and programs that are integral to the protection of children and the welfare and public assistance functions of the division; (3) Examination of caseload assignments and ratios of child protective services workers and recommendations for reasonable expectations for such workers and supervision and support needed to perform their jobs; and (4) Recommendations on improved collaboration among state, local, community, and public and private stakeholders in child welfare programs and services that are administered by the division. (c) The advisory board shall elect a chairperson from among its membership. The advisory board may elect such other officers and establish committees as it considers appropriate. (d) The advisory board shall meet at least quarterly and at such additional times as it shall determine necessary to perform its duties. The advisory board shall also meet on the call of the chairperson, the director of the Division of Family and Children Services of the department, or the Governor. The director of the Division of Family and Children Services of the department shall participate in such meetings and provide a quarterly report to the advisory board in advance of each quarterly meeting. (e) Members shall serve without compensation, although each member of the advisory board shall be reimbursed for actual expenses incurred in the performance of his or her duties from funds available to the advisory board; provided, however, that any legislative member shall receive the allowances authorized by law for legislative members of interim legislative committees and any members who are state employees shall be reimbursed for expenses incurred by them in the same manner as they are reimbursed for expenses in their capacities as state employees."
SECTION 2. Said title is further amended by revising Code Section 49-3-2, relating to the appointment of members to the county department of family and children services, as follows:
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"49-3-2. (a) Each county board shall consist of between five and seven members who shall be appointed by the governing authority of the county. No person serving as a member of a county board on July 1, 1994 2015, shall have such person's term of office shortened by this subsection. On and after that date, however, vacancies in such office which occur for any reason, including but not limited to expiration of the term of office, shall be filled by appointment of the county governing authority except as provided in subsection (c) of this Code section. No elected officer of the state or any subdivision thereof shall be eligible for appointment to the county board. In making appointments to the county board of family and children services, the governing authority shall ensure that appointments are reflective of gender, race, ethnic, and age characteristics of the county population. Further, the governing authority shall ensure that all appointments made on or after July 1, 2015, are made from the following categories:
(1) Pediatric health care providers; (2) Appropriate school personnel; (3) Emergency responders; (4) Law enforcement personnel; (5) Private child welfare service providers; (6) Alumni of the child welfare system; (7) Mental health care providers; (8) Former foster parents; and (9) Leaders within the faith-based community. (b) The term of office of members of the county board shall be for five years and until the appointment and qualification of their respective successors, except that upon the expiration of the terms of the members of the county board in office on July 1, 1994, one member shall be appointed for a one-year term, one member for a two-year term, one member for a three-year term, one member for a four-year term, and one member for a five-year term. (c) Appointments to fill vacancies on the county board caused by death, resignation, or removal before the expiration of a term shall be made for the remainder of such term in the same manner as provided in this Code section for original appointments. In the event that the governing authority of the county shall fail to fill any such vacancy or any vacancy caused by expiration of term on the county board within 90 days after such vacancy occurs, the commissioner may appoint members to the county board to fill such vacancies. (d) In addition to the five members required by subsection (a) of this Code section, the county governing authority is authorized but not required to appoint two additional members. One such additional member shall be a school counselor employed in the county and one such additional member shall be a law enforcement officer of the county who is responsible for investigating reports of child abuse. Members appointed pursuant to this subsection shall be appointed for terms of five years and shall be paid the per diem authorized in subsection (e) of this Code section. Appointments to fill vacancies created by the death, resignation, or removal before the end of the term of a
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member appointed pursuant to this subsection shall be made in accordance with subsection (c) of this Code section. (e)(d) Members of the county board shall serve without compensation, except that they shall be paid a per diem of not less than $15.00 per month and shall be reimbursed for traveling and other expenses actually incurred in the performance of their official duties; provided, however, that the gross expenses assessed against a county shall not exceed the amount of the budget of the county previously set aside and levied by the county authorities for such expenses. (f) In addition to the five members otherwise provided for in this Code section, the board of family and children services in any county of this state having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census shall include an additional two members who shall be subject to this Code section in the same manner as the five members otherwise provided for in this Code section. Each member provided for in this subsection shall be appointed for a term of five years and until the appointment and qualification of the member's successor, except that in the initial appointment of the two additional members one member shall be appointed for a four-year term and one member for a five-year term; and these initial members shall serve until the appointment and qualification of their successors. (e) The role of the county board shall be to protect the well-being of this state's children while preserving family integrity. County boards may review the administration of all welfare and public assistance functions for the county, including such programs as temporary assistance for needy families (TANF), supplemental nutrition assistance program (SNAP), employment services, child protective services, foster care, and adoptions, and shall report no less than annually and not later than December 15 of each year to the director of the Division of Family and Children Services of the department the effectiveness of the county department's provision of services, the needs of the community, and its recommendations for improved operations of the county department. County boards shall serve as an active liaison and a link between the county department and the local community. County boards shall support the overall mission of the Division of Family and Children Services of the department."
SECTION 3. Said title is further amended by revising Code Section 49-3-6, relating to the functions of county or district departments of family and children services, as follows:
"49-3-6. (a) The primary purpose of county departments shall be to protect children. To achieve this primary purpose, the county departments shall, in accordance with rules and regulations of the Division of Family and Children Services of the department:
(1) Investigate reports of abuse and neglect; (2) Assess, promote, and support the safety of a child in a safe and stable family or other appropriate placement in response to allegations of abuse or neglect; (3) Work cooperatively with law enforcement regarding reports that include criminal conduct allegations; and
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(4) Without compromising child safety, coordinate services to achieve and maintain permanency on behalf of the child, strengthen the family, and provide prevention, intervention, and treatment services pursuant to this title. (b) In addition to the purpose in subsection (a) of this Code section, and subject Subject to the rules and regulations of the Board of Human Services, the county department shall be charged with the administration of all forms of public assistance in the county, including home relief; indoor and outdoor care for those in need; temporary assistance for needy families; old-age assistance; aid to the blind and otherwise disabled; the care and treatment of dependent, and neglected, delinquent, and disabled children; and such other welfare activities as shall be delegated to it by the Department of Human Services Division of Family and Children Services of the department or by the county commissioners. The county department shall also investigate and pass upon all applications for admission to and discharge from county institutions which provide care and treatment for indigents. If so appointed by a court of competent jurisdiction, the Department of Human Services or the county or district department of family and children services shall perform under the supervision of such court the function of probation officer or agent of the court in any welfare or penal matters which may be before it."
SECTION 4. Said title is further amended in Chapter 3, relating to family and children services, by adding a new Code section to read as follows:
"49-3-9. There is established in each region a DFCS Regional Advisory Board. Each regional advisory board shall be composed of at least five members and shall include the director and at least one board member of each county department of family and children services within the region as selected by the DFCS regional director. The DFCS regional director may appoint additional members who are representatives from the categories included in paragraphs (1) through (9) of subsection (a) of Code Section 49-3-2. The purpose of the regional advisory boards shall be to improve communication and coordination between the county departments of family and children services of the counties within the region, to improve and streamline service delivery by the county departments, and to provide for the consistent application of state policy of the Division of Family and Children Services of the department within the county departments within each DFCS region. Each regional advisory board shall meet at least quarterly."
SECTION 5. Said title is further amended by revising Code Section 49-5-3, relating to definitions relative to children and youth services, as follows:
"49-5-3. As used in this article, the term:
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(1) 'Age or developmentally appropriate' means activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally-appropriate for a child, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group. In the case of a specific child, such term also includes activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child. (2) 'Caregiver' means a foster parent with whom a child in foster care has been placed or a designated official for a child care institution in which a child in foster care has been placed. (1)(3) 'Child-caring institution' means any institution, society, agency, or facility, whether incorporated or not, which either primarily or incidentally provides full-time care for children through 18 years of age outside of their own homes, subject to such exceptions as may be provided in rules and regulations of the board. (2)(4) 'Child-placing agency' means any institution, society, agency, or facility, whether incorporated or not, which places children in foster homes for temporary care or for adoption. (3)(5) '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 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. (4)(6) 'Children's transition care center' means a transition center which provides a temporary, home-like environment for medically fragile children, technology dependent children, and children with special health care needs, up to 21 years of age, who are deemed clinically stable by a physician but dependent on life-sustaining medications, treatments, and equipment and who require assistance with activities of daily living to facilitate transitions from a hospital or other facility to a home or other appropriate setting. Such centers are designated sites that provide child placing
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services and nursing care, clinical support services, and therapies for short-term stays of one to 14 days and for longer stays of up to 90 days to facilitate transitions of children to homes or other appropriate settings. Extended stays of up to 12 months may be approved by the department by waiver. (5)(7) 'Dependent child or youth' means any person so adjudged under Chapter 11 of Title 15. (6) Reserved. (7) Reserved. (8) Reserved. (9)(8) 'Group-care facility' means a place providing care for groups of children and youths, other than a foster family home. (9.1) Reserved. (10)(9) 'Homemaker service' means a service provided by a woman selected for her skills in the care of children and home management and placed in a home to help maintain and preserve the family life during the absence or incapacity of the mother. (11)(10) 'In loco parentis' means a quasi-parental relationship inferred from and implied by the fact that a child or youth has been taken into a family and treated like any other member thereof, unless an express contract exists to the contrary. (12)(11) '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 15-11-212. (13)(12) 'Maintenance' means all general expenses for care such as board; shelter; clothing; medical, dental, and hospital care; transportation; and other necessary or incidental expenses. (14)(13) 'Maternity home' means any place in which any person, society, agency, corporation, or facility receives, treats, or cares for, within any six-month period, more than one pregnant woman whose child is to be born out of wedlock, either before, during, or within two weeks after childbirth. This definition shall not include women who receive maternity care in the home of a relative or in general or special hospitals, licensed according to law, in which maternity treatment and care is part of the medical services performed and the care of children is only brief and incidental. (15)(14) 'Probation' means a legal status created by court order following adjudication in a delinquency case, whereby a child or youth is permitted to remain in the community, subject to supervision by the court or an agency designated by the court and subject to being returned to court at any time during the period of probation.
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(16)(15) 'Protective supervision' means a legal status created by court order following adjudication in a dependency case, whereby a child's place of abode is not changed but assistance directed at correcting the dependency is provided through the court or an agency designated by the court. (16) 'Reasonable and prudent parent standard' means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the department to participate in extracurricular, enrichment, cultural, and social activities. (17) 'Shelter' or 'shelter care' means temporary care in a nonsecurity or open type of facility."
SECTION 6. Said title is further amended by revising subsection (a) of Code Section 49-5-8, relating to the powers and duties of the Department of Human Services, as follows:
"(a) The Department of Human Services is authorized and empowered, through its own programs and the programs of county or district departments of family and children services, to establish, maintain, extend, and improve throughout the state, within the limits of funds appropriated therefor, programs that will provide:
(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 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 or delinquency; (B) Protective services that will investigate complaints of 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;
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(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; and (H) Casework services and care to all children and youths where the parent, custodian, or guardian has placed such children in the custody of the department by voluntary agreement, until such agreement is revoked by the parent, custodian, or guardian upon request that such children be returned to the parent, custodian, or guardian or to another relative or the voluntary agreement expires; provided, however, that nothing in this subparagraph shall prohibit the department from obtaining an order placing such children in its custody in accordance with Article 3 of Chapter 11 of Title 15; (3) Services to courts, upon their request, as follows: (A) Accepting for casework services and care all children and youths whose legal custody is vested in the department by the court; (B) Providing shelter or custodial care for children prior to examination and study or pending court hearing; (C) Making social studies and reports to the court with respect to children and youths as to whom petitions have been filed; and (D) Providing 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; paying the costs of returning such runaway children and youths to their home communities; and providing such services, care, or costs for runaway children and youths as may be required under Chapter 4B of Title 49; (4) Regional group-care facilities for the purpose of: (A) Providing local authorities an alternative to placing any child in a common jail; (B) Shelter care prior to examination and study or pending a hearing before juvenile court; (C) Detention prior to examination and study or pending a hearing before juvenile court; and (D) Study and diagnosis pending determination of treatment or a hearing before juvenile court; (5) Facilities designed to afford specialized and diversified programs, such as forestry camps, ranches, and group residences, for the care, treatment, and training of children and youths of different ages and different emotional, mental, and physical conditions; (6) Regulation of child-placing agencies, child-caring institutions, and maternity homes by:
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(A) Establishing rules and regulations for and providing consultation on such rules and regulations for all such agencies, institutions, and homes; and (B) Licensing and inspecting periodically all such agencies, institutions, and homes to ensure their adherence to established standards as prescribed by the department; (7) Adoption services, as follows: (A) Supervising the work of all child-placing agencies when funds are made available; (B) Providing services to parents desiring to surrender children for adoption as provided for in adoption statutes; (C) Providing care or payment of maintenance costs for mothers bearing children out of wedlock and children being considered for adoption; (D) Inquiring into the character and reputation of persons making application for the adoption of children; (E) Placing children for adoption; (F) Providing financial assistance to families adopting children once the child has been placed for adoption, determined eligible for assistance, and the adoption assistance agreement has been signed prior to the finalization of the adoption by all parties. Financial assistance may only be granted for hard-to-place children with physical, mental, or emotional disabilities or with other problems for whom it is difficult to find a permanent home. Financial assistance may not exceed 100 percent of the amount that would have been paid for boarding such child in a family foster home and for special services such as medical care not available through insurance or public facilities. Such supplements shall only be available to families who could not provide for the child adequately without continued financial assistance. The department may review the supplements paid at any time but shall review them at least annually to determine the need for continued assistance; (G) Providing payment to a licensed child-placing agency which places a child with special needs who is under the jurisdiction of the department for adoption. Payment may not exceed $5,000.00 for each such adoption arranged by an agency. The board shall define the special needs child. One-half of such payment shall be made at the time of placement and the remaining amount shall be paid when the adoption is finalized. If the adoption disrupts prior to finalization, the state shall be reimbursed by the child-placing agency in an amount calculated on a prorated basis based on length of time the child was in the home and the services provided; and (H) Providing payment to an agency which recruits, educates, or trains potential adoptive or foster parents for preparation in anticipation of adopting or fostering a special needs child. The board shall define the special needs child and set the payment amount by rule and regulation. Upon appropriate documentation of these preplacement services in a timely manner, payments as set by the board shall be made upon enrollment of each potential adoptive or foster parent for such services; (8) Staff development and recruitment programs through in-service training and educational scholarships for personnel as may be necessary to assure efficient and effective administration of the services and care for children and youths authorized in
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this article. The department is authorized to disburse state funds to match federal funds in order to provide qualified employees with graduate or postgraduate educational scholarships in accordance with rules and regulations adopted by the board pursuant to Article VIII, Section VII, Paragraph I of the Constitution of Georgia; and (9) Miscellaneous services, such as providing all medical, hospital, psychiatric, surgical, or dental services or payment of the costs of such services as may be considered appropriate and necessary by competent medical authority to those children subject to the supervision and control of the department without securing prior consent of parents or legal guardians; (10) Preparation, education, and training for foster parents which will provide them with the appropriate knowledge and skills to provide for the needs of foster children, including knowledge and skills relating to the reasonable and prudent parent standard for the participation of the child in age or developmentally appropriate activities, and continue such preparation, as necessary, after the placement of the children; and (11) Each youth who is leaving foster care by reason of having attained 18 years of age, unless the child has been in foster care for less than six months, with, if the child is eligible to receive such document, an official or certified copy of the United States birth certificate of the child, a social security card issued by the Commissioner of Social Security, health insurance information, a copy of the child's medical records, and a driver's license or identification card issued by a state in accordance with the requirements of Section 202 of the REAL ID Act of 2005. Provision of records in accordance with this paragraph shall not be considered a violation of subsection (b) of Code Section 49-5-40."
SECTION 7. Said title is further amended in Chapter 5, relating to programs and protection for children and youth, by adding a new Code section to read as follows:
"49-5-12.2. Any caregiver or other entity under contract with the department shall be immune from civil liability as a result of a caregiver's approval of the participation of a child, who is in the custody of the department, in an age or developmentally appropriate activity, so long as such caregiver or other entity under contract with the department acts in accordance with the reasonable and prudent parent standard. No provision in any agreement between the department and a caregiver or an entity under contract with the department shall diminish the standard of care provided in this Code section."
SECTION 8. Said title is further amended by revising Code Section 49-5-19, relating to an annual report on children and youth services, as follows:
"49-5-19. The commissioner shall prepare and publish in print or electronically an annual report on the operations of the department and of county departments of family and children
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services under this article and submit it to the Governor, the board, and all interested persons, officials, agencies, and groups, public or private. The report shall contain, in addition to information, statistics, and data required by other provisions of this article, a comprehensive analysis of performance of child welfare and youth services throughout the state; an analysis of goals to reduce by 1 percent each year, beginning with the fiscal year that starts October 1, 1983, the number of children who have been in family or institutional ensure that no more than 25 percent of children remain in the foster care system under Title IV-E of the Social Security Act for a period of 24 months or longer, as provided by Public Law 96-272; and such other information and recommendations of the commissioner as may be suitable."
SECTION 9. Said title is further amended in Chapter 5, relating to programs and protection for children and youth, by adding a new Code section to read as follows:
"49-5-24. (a)(1) In an effort to improve the availability and quality of programs and services for the protection of children and youth, the General Assembly supports interagency efforts to gather comprehensive data and to actively share and disseminate data among those agencies responsible for making informed decisions regarding the treatment, care, security, and protection of children within this state. (2) The General Assembly finds that the sharing and integration of appropriate data and information may have numerous benefits for children and families in this state, as well as for the state and local agencies attempting to provide services for them. (3) The General Assembly finds that such data sharing and integration can serve the best interests of the child and the family, contribute to higher levels of effectiveness in service delivery, provide greater efficiency and productivity, and assist in the protection of children. Specifically, such data sharing and integration can reduce redundant data entry, expedite data sharing between agencies, provide for more timely service delivery, ensure more accurate and up-to-date information, assist in the development of a seamless system of services, and contribute to better performance and greater accountability by all involved parties. (4) The General Assembly finds that the goals and purposes of this chapter, including the goal to develop a seamless system of services for children and their families, would be furthered by the development of a central repository of data for planning and evaluation purposes and urges the agencies to work toward the development of such a central repository.
(b) The department, working with the following agencies, shall develop and implement a workable state-wide system for sharing data relating to the care and protection of children between such agencies, utilizing existing state-wide data bases and data delivery systems to the greatest extent possible, to streamline access to such data:
(1) Division of Family and Children Services of the department; (2) Department of Early Care and Learning; (3) Department of Community Health;
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(4) Department of Public Health; (5) Department of Behavioral Health and Developmental Disabilities; (6) Department of Juvenile Justice; (7) Department of Education; and (8) Georgia Crime Information Center. (c) The department, working with such agencies, shall establish an interagency data protocol to enable each agency to accurately and efficiently collect and share data with the other agencies in the most effective and expeditious manner. The interagency data protocol shall: (1) Include protocols and procedures to be used by agencies in data processing, including but not limited to collecting, storing, manipulating, sharing, retrieving, and releasing data; (2) Delineate the specific data to be shared among all or specified agencies, the person or persons authorized by each agency to have access to another agency's data, and the security arrangements between agencies to ensure the protection of the data from unauthorized access that may threaten the privacy of persons and the confidentiality of the data; (3) Establish the circumstances under which and the reasons for which an agency may share information with another agency, with a local political subdivision, with a nongovernmental entity, or with an individual; and (4) Ensure compliance with all state and federal laws and regulations concerning the privacy of information, including but not limited to the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g, and the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. Section 1320d to 1320d-9. (d) To further delineate the parameters for the sharing of data with one or more agencies, specific interagency agreements may be executed between or among agencies. (e) If a federal law or regulation impedes necessary data sharing between agencies, the appropriate agency or agencies shall make all reasonable attempts to be granted a waiver or exemption from the applicable law or regulation. (f) The Department of Human Services and any of the agencies in subsection (b) of this Code section may apprise chairpersons of the appropriate committees of the General Assembly of the need for any legislative action necessary to facilitate or improve data sharing between agencies for the purposes of this Code section. (g)(1) Notwithstanding any provision to the contrary, nothing in this Code section shall be construed to nullify any memoranda of understanding existing as of June 30, 2015, or prohibit the creation of memoranda of understanding on and after July 1, 2015, between or among agencies concerning data sharing or any other data sharing practices. (2) Notwithstanding any provision to the contrary, nothing in this Code section shall prohibit the release to or sharing of data with nongovernmental entities or individuals
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if the release or sharing is otherwise required, permitted, or allowed pursuant to state or federal law."
SECTION 10. Said title is further amended by revising subsections (c) and (d) of Code Section 49-5-41, relating to persons and agencies permitted access to records, as follows:
"(c) The department or a county or other state or local agency may permit access to records concerning reports of child abuse and may release information from such records to the following persons or agencies when deemed appropriate by such department:
(1) A physician who has before him or her a child whom he or she reasonably suspects may be abused; (2) A licensed child-placing agency, a licensed child-caring institution of this state which is assisting the Department of Human Services department by locating or providing foster or adoptive homes for children in the custody of the department, or an investigator appointed by a court of competent jurisdiction of this state to investigate a pending petition for adoption; (3) A person legally authorized to place a child in protective custody when such person has before him or her a child he or she reasonably suspects may be abused and such person requires the information in the record or report in order to determine whether to place the child in protective custody; (4) An agency or person having the legal custody, responsibility, or authorization to care for, treat, or supervise the child who is the subject of a report or record; (5) An agency, facility, or person having responsibility or authorization to assist in making a judicial determination for the child who is the subject of the report or record of child abuse, including but not limited to members of officially recognized citizen review panels, court appointed guardians ad litem, certified Court Appointed Special Advocate (CASA) volunteers who are appointed by a judge of a juvenile court to act as advocates for the best interest of a child in a juvenile proceeding, and members of a protocol committee, as such term is defined in Code Section 19-15-1; (6) A legally mandated public child protective agency or law enforcement agency of another state bound by similar confidentiality provisions and requirements when, during or following the department's investigation of a report of child abuse, the alleged abuser has left this state; (7) A child welfare agency, as defined in Code Section 49-5-12, or a school where the department has investigated allegations of child abuse made against any employee of such agency or school and any child remains at risk from exposure to that employee, except that such access or release shall protect the identity of:
(A) Any person reporting the child abuse; and (B) Any other person whose life or safety has been determined by the department or agency likely to be endangered if the identity were not so protected; (8) An employee of a school or employee of a child welfare agency, as defined in Code Section 49-5-12, against whom allegations of child abuse have been made,
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when the department has been unable to determine the extent of the employee's involvement in alleged child abuse against any child in the care of that school or agency. In those instances, upon receiving a request and signed release from the employee, the department may report its findings to the employer, except that such access or release shall protect the identity of:
(A) Any person reporting the child abuse; and (B) Any other person whose life or safety has been determined by the department or agency likely to be endangered if the identity were not so protected; (9) Any person who has an ongoing relationship with the child named in the record or report of child abuse any part of which is to be disclosed to such person but only if that person is required to report suspected abuse of that child pursuant to subsection (b) of Code Section 19-7-5, as that subsection existed on January 1, 1990; (10) Any school principal or any school guidance counselor, school social worker, or school psychologist who is certified under Chapter 2 of Title 20 and who is counseling a student as a part of such counseling person's school employment duties, but those records shall remain confidential and information obtained therefrom by that counseling person may not be disclosed to any person, except that student, not authorized under this Code section to obtain those records, and such unauthorized disclosure shall be punishable as a misdemeanor; (10.1) Any school official of a school that a child who was the subject of a report of suspected child abuse made pursuant to Code Section 19-7-5 attends in which there is an ongoing investigation of the reported abuse. Any such ongoing investigation shall include contact with such school to obtain any relevant information from school personnel regarding the report of suspected child abuse; (11) The Department of Early Care and Learning or the Department of Education; or (12) An individual, at the time such individual is leaving foster care by reason of having attained the age of majority, but such access shall be limited to providing such individual with a free copy of his or her health and education records, including the most recent information available. (d) Notwithstanding any other provision of law, any child-caring agency, child-placing agency, or identified foster parent shall have reasonable access to nonidentifying information from the placement or child protective services record compiled by any state department or agency having custody of a child with respect to any child who has been placed in the care or custody of such agency or foster parent or for whom foster care is being sought, excluding all documents obtained from outside sources which cannot be redisclosed under state or federal law. A department or agency shall respond to a request for access to a child's record within 14 days of receipt of such written request. Any child-caring agency, child-placing agency, or identified foster parent who is granted access to a child's record shall be subject to the penalties imposed by Code Section 49-5-44 for unauthorized access to or use of such records. Such record shall include reports of abuse of such child and the social history of the child and the child's family, the medical history of such child, including psychological or psychiatric evaluations, or educational records as allowed by state or federal law and any plan of
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care or placement plan developed by the department, provided that no identifying information is disclosed regarding such child. Notwithstanding the provisions of this subsection, a foster parent, as an agent of the department, shall have access to a child's medical and educational records in the same manner and to the same extent as the department itself and to the fullest extent allowable by law to ensure the proper care and education of a child entrusted to the foster parent's care."
SECTION 11. Said title is further amended in Chapter 5 by repealing Article 8, relating to the central child abuse registry, and enacting a new article to read as follows:
"ARTICLE 8
49-5-180. As used in this article, the term:
(1) 'Abuse investigator' means the division, any county or district department of family and children services, or any designee thereof. (2) 'Alleged child abuser' means a person named in an abuse investigator's report as having committed a substantiated case. (3) 'Child' means any person under 18 years of age. (4) 'Child abuse' has the same meaning as in paragraph (4) of subsection (b) of Code Section 19-7-5. (5) 'Child abuse crime' means:
(A) A violation of Article 1 or Article 2 of Chapter 5 of Title 16 or subsections (b) or (c) of Code Section 16-5-70, in which physical injury or death is inflicted on a minor child by a parent or caretaker thereof by other than accidental means; (B) A violation of Code Section 16-12-1 regarding a minor child by a parent or caretaker thereof; (C) A violation of Chapter 6 of Title 16 in which the victim is a minor; (D) A violation of Part 2 of Article 3 of Chapter 12 of Title 16; or (E) Any other crime that, in the discretion of the prosecuting attorney, constitutes child abuse. (6) 'Child abuse registry' means the Child Protective Services Information System. (7) 'Convicted' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. Such term also includes having been arrested, charged, and sentenced for the commission of a child abuse crime for which: (A) A plea of nolo contendere was entered to the charge; or (B) First offender treatment without adjudication of guilt pursuant to the charge was granted. The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime. (8) 'Convicted child abuser' means a person who is convicted.
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(9) 'Division' means the Division of Family and Children Services of the department. (10) 'Out-of-state abuse investigator' means a public child protective agency or law enforcement agency of any other state bound by confidentiality requirements as to information obtained under this article which are similar to those provided in this article. (11) 'Sexual abuse' has the same meaning as in paragraph (10) of subsection (b) of Code Section 19-7-5. (12) 'Sexual exploitation' has the same meaning as in paragraph (11) of subsection (b) of Code Section 19-7-5. (13) 'Substantiated case' means an investigation of a child abuse report by an abuse investigator which has been confirmed based upon a preponderance of the evidence that child abuse has occurred.
49-5-181. (a) The division shall establish and maintain a central child abuse registry which shall be known as the 'Child Protective Services Information System.' The child abuse registry shall receive notice regarding:
(1) Substantiated cases occurring on and after July 1, 2016, reported to the division pursuant to subsection (a) of Code Section 49-5-182; and (2) Convicted child abusers on and after July 1, 2016, reported to the division pursuant to subsection (b) of Code Section 49-5-182. (b) The child abuse registry shall be operated in such a manner as to enable abuse investigators to: (1) Immediately identify and locate substantiated cases and convicted child abusers; and (2) Maintain and produce aggregate statistical data of substantiated cases and cases of child abuse in which a person was convicted.
49-5-182. (a) An abuse investigator who completes the investigation of a child abuse report made pursuant to Code Section 19-7-5 or otherwise and determines that it is a substantiated case if the alleged child abuser was at least 13 years of age at the time of the commission of the act shall notify the division within 30 business days following such determination. Such notice may be submitted electronically and shall include the following:
(1) Name, age, sex, race, social security number, if known, and birthdate of the child alleged to have been abused; (2) Name, age, sex, race, social security number, and birthdate of the parents, custodian, or caretaker of the child alleged to have been abused, if known; (3) Name, age, sex, race, social security number, and birthdate of the person who committed the substantiated case; and (4) A summary of the known details of the child abuse which at a minimum shall contain the classification of the abuse as provided in paragraph (4) of subsection (b)
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of Code Section 19-7-5 as either sexual abuse, physical abuse, child neglect, or a combination thereof. (b) Upon receipt of a sentence for a convicted child abuser, the prosecuting attorney shall notify the division within 30 business days following such receipt. Such notice may be submitted electronically and shall include the following: (1) A certified copy of the sentence; (2) A complete history of the conviction, including a certified copy of the indictment, accusation, or both and such other information as the division may require; (3) Name, age, sex, race, social security number, and birthdate of the victim of child abuse by the convicted child abuser, if known; and (4) Name, age, sex, race, social security number, and birthdate of the parents, custodian, or caretaker of the victim of child abuse by the convicted child abuser, if known.
49-5-183. (a) Upon receipt of an investigator's report of a substantiated case pursuant to subsection (a) of Code Section 49-5-182 naming an alleged child abuser, the division:
(1) Shall include in the child abuse registry the name of the alleged child abuser, the classification of the abuse as provided in paragraph (4) of subsection (a) of Code Section 49-5-182, and a copy of the investigator's report; and (2) Shall mail to such alleged child abuser in such report a notice regarding the substantiated case. It shall be a rebuttable presumption that any such notice is received five days after deposit in the United States mail with the current address of the alleged child abuser and proper postage affixed. The notice shall further inform such alleged child abuser of such person's right to a hearing to appeal such determination. The notice shall further inform such alleged child abuser of the procedures for obtaining the hearing, and that an opportunity shall be afforded all parties to be represented by legal counsel and to respond and present evidence on all issues involved. (b) Any alleged child abuser who has not attained the age of majority set forth by Code Section 39-1-1 at the time of the hearing requested pursuant to subsection (d) of this Code section shall be entitled to representation at the hearing either by the alleged child abuser's parent or other legal guardian or by an attorney employed by such parent or guardian. In the event the administrative law judge conducting the hearing determines that any such alleged minor child abuser will not be so represented at the hearing, or that the interests of any such alleged minor child abuser may conflict with the interests of the alleged minor child abuser's parent or other legal guardian, the administrative law judge shall order the division to apply to the superior court of the county in which the alleged act of child abuse was committed to have counsel appointed for the alleged minor child abuser. Payment for any such court appointed representation shall be made by such county. (c) In order to exercise such right to a hearing, the alleged child abuser must file a written request for a hearing with the division within ten days after receipt of such
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notice. The written request shall contain the alleged child abuser's current residence address and, if the person has a telephone, a telephone number at which such person may be notified of the hearing. (d) If the division receives a timely written request for a hearing under subsection (c) of this Code section, it shall transmit that request to the Office of State Administrative Hearings within ten days after such receipt. Notwithstanding any other provision of law, the Office of State Administrative Hearings shall conduct a hearing upon that request in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules of the Office of State Administrative Hearings adopted pursuant thereto, except as otherwise provided in this article. The hearing shall be for the purpose of an administrative determination regarding whether, based on a preponderance of evidence, there was child abuse committed by the alleged child abuser to justify the investigator's determination of a substantiated case. The Office of State Administrative Hearings shall give notice of the time and place of the hearing to the alleged child abuser by first-class mail to the address specified in the written request for a hearing and to the division by first-class mail at least ten days prior to the date of the hearing. It shall be a rebuttable presumption that any such notice is received five days after deposit in the United States mail with the correct address of the alleged child abuser and the division, respectively, and proper postage affixed. Unless postponed by mutual consent of the parties and the administrative law judge or for good cause shown, that hearing shall be held within 30 business days following receipt by the Office of State Administrative Hearings of the request for a hearing, and a decision shall be rendered within five business days following such hearing. A motion for an expedited hearing may be filed in accordance with rules and regulations promulgated by the Office of State Administrative Hearings. The hearing may be continued as necessary to allow the appointment of counsel. A telephone hearing may be conducted concerning this matter in accordance with standards prescribed in paragraph (5) of Code Section 50-13-15. Upon the request of any party to the proceeding or the assigned administrative law judge, venue may be transferred to any location within the state if all parties and the administrative law judge consent to such a change of venue. Otherwise, the hearing shall be conducted in the county in which the alleged act of child abuse was committed. The doctrines of collateral estoppel and res judicata as applied in judicial proceedings are applicable to the administrative hearings held pursuant to this article. (e) At the conclusion of the hearing under subsection (d) of this Code section, upon a finding that there is not a preponderance of evidence to conclude that the alleged child abuser committed an act of child abuse, the administrative law judge shall order that the alleged child abuser's name be removed from the child abuse registry. The general public shall be excluded from hearings of the Office of State Administrative Hearings held pursuant to this article and the files and records relating thereto shall be confidential and not subject to public inspection. (f) Notwithstanding any other provision of law, the decision of the administrative law judge under subsection (e) of this Code section shall constitute the final administrative decision. Any party shall have the right of judicial review of such decision in
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accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the petition for review shall be filed within ten days after such decision and may only be filed with and the decision appealed to the superior court of the county where the hearing took place or, if the hearing was conducted by telephone, the Superior Court of Fulton County. The procedures for such appeal shall be substantially the same as those for judicial review of contested cases under Code Section 50-13-19 except that the filing of a petition for judicial review stays the listing of the petitioner's name upon the child abuse registry and the superior court shall conduct the review and render its decision thereon within 30 days following the filing of the petition. The review and records thereof shall be closed to the public and not subject to public inspection. (g) The administrative law judge shall transmit to the division his or her decision regarding the alleged child abuser and the investigator's report regarding such individual within ten days following that decision unless a petition for judicial review of that decision is filed within the permitted time period. If a timely petition for judicial review is filed within the permitted time period, the superior court shall transmit to the division its decision regarding the alleged child abuser and the investigator's report regarding such individual within ten days following that decision.
49-5-184. (a) Upon receipt of a notice from a prosecuting attorney pursuant to subsection (b) of Code Section 49-5-182, the division shall include in the child abuse registry the name of the convicted child abuser, the offense for which he or she was convicted, and whether the offense is considered physical abuse, neglect or exploitation, sexual abuse, or sexual exploitation. (b) Any person whose name appears in the child abuse registry as a convicted child abuser shall be entitled to a hearing for an administrative determination of whether or not expungement of such person's name should be ordered. In order to exercise such right, the person must file a written request for a hearing with the division. The provisions of this subsection shall not apply to persons who have waived their hearing after receipt of notice. (c) Upon receipt by the division of a written request for a hearing pursuant to subsection (b) of this Code section, the division shall transmit such request to the Office of State Administrative Hearings within ten days of receipt. The Office of State Administrative Hearings shall conduct a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except as otherwise provided in this Code section. A hearing shall be conducted within 60 days following receipt of the request by the Office of State Administrative Hearings. Upon a finding that there is no credible evidence that the person who requested the hearing is a convicted child abuser, the Office of State Administrative Hearings shall order the division to expunge that name from the registry. The general public shall be excluded from such hearings and the files and records relating thereto shall be confidential and not subject to public inspection.
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(d) Notwithstanding any other provision of law, the decision of the Office of State Administrative Hearings pursuant to subsection (c) of this Code section shall constitute the final agency decision. Any party shall have the right of judicial review of that decision in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the petition for review shall be filed within 30 days after such decision and may only be filed with and the decision appealed to the superior court of the county where the hearing took place or, if the hearing was conducted by telephone, the Superior Court of Fulton County. The procedures for such appeal shall be the same as those for judicial review of contested cases under Code Section 50-1319. The review and records thereof shall be closed to the public and not subject to public inspection.
49-5-185. (a) Except as otherwise authorized in subsection (c) of this Code section and subsection (b) of Code Section 49-5-186, the only persons or entities who may access or be provided any information from the child abuse registry are:
(1) An abuse investigator who has investigated or is investigating a case of possible child abuse who shall only be provided information relating to that case for purposes of using that information in such investigation; (2) State or other government agencies of this state or any other state which license entities that have interactions with children or are responsible for providing care for children or licensed entities in this state which interact with children or are responsible for providing care for children which shall only be provided information for purposes of licensing or employment of a specific individual; (3) A licensing entity may disclose information from the child abuse registry in a written notice to an applicant or licensed entity whose license is denied or revoked as a result of information found in the registry, to the extent that such information is required in such notice by a federal or state law, regulation or policy, or in a proceeding arising from an adverse action taken against a licensed entity or individual as a result of information found in the registry; and (4) The Department of Early Care and Learning is authorized to disclose all or a portion of the information from the child abuse registry used to determine that a records check is unsatisfactory or to rescind a determination that a records check is satisfactory to an individual who has submitted a records check application or whose satisfactory records check determination has been rescinded in accordance with Article 2 of Chapter 1A of Title 20. (b) The division shall provide the Governor's office, the General Assembly, district attorneys, and law enforcement agencies with a statistical analysis of substantiated cases of child abuse and convicted child abusers entered into the child abuse registry at the end of each calendar year. This analysis shall not include the names of any children, parents, or persons associated with the child abuse. This analysis shall not be protected by any laws prohibiting the dissemination of confidential information.
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(c) A person may make a written request to the division to find out whether such person's name is included in the child abuse registry. Upon presentation of a passport, military identification card, driver's license, or identification card authorized under Code Sections 40-5-100 through 40-5-104, the office receiving such request shall disclose to such person whether his or her name is included in the child abuse registry and, if so, the date upon which his or her name was listed in the registry and the substantiated case or child abuse crime for which such person was convicted. (d) The division shall provide persons and entities authorized in subsection (a) of this Code section with access to or information from the child abuse registry sufficient to meet the requirements prescribed by Congress as conditions to federal funding for programs administered by such entities or persons.
49-5-186. (a) Information in the child abuse registry shall be confidential and shall not be subject to Article 4 of Chapter 18 of Title 50 and access thereto is prohibited except as provided in this article. Such information shall not be deemed to be a record of child abuse for purposes of Article 2 of this chapter.
(b)(1) Information obtained from the child abuse registry shall not be made a part of any record which is open to the public except as provided in paragraph (2) of this subsection; provided, however, that a district attorney may use such information in any court proceeding in the course of any criminal prosecution, if such information is otherwise admissible. (2) Notwithstanding any other provisions of law, information in the child abuse registry applicable to a child who at the time of his or her death was in the custody of a state department or agency or foster parent, which information relates to the child while in the custody of such state department or agency or foster parent, shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50. (c) Any person who knowingly provides any information from the child abuse registry to a person not authorized to be provided such information under this article shall be guilty of a misdemeanor. (d) Any person who knowingly and under false pretense obtains or attempts to obtain information which was obtained from the child abuse registry, except as authorized in this article, shall be guilty of a misdemeanor.
49-5-187. The division and other authorized agencies, entities, and persons and the employees thereof providing information from the child abuse registry as authorized by this article and any person who uses such information shall have no civil liability or criminal responsibility therefor."
SECTION 12. Said title is further amended by repealing and reserving Code Section 49-2-16, relating to the Council for Welfare Administration.
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SECTION 13.
Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to dependency proceedings, is amended in Code Section 15-11-201, relating to DFCS case plans and contents, by revising paragraphs (14) and (15) of subsection (b) as follows:
"(14) A recommendation for a permanency plan for such child. If, after considering reunification, adoptive placement, or permanent guardianship, or placement with a fit and willing relative, DFCS recommends placement in another planned permanent living arrangement for a child who has attained the age of 16, the case plan shall include:
(A) Documentation documentation of a compelling reason or reasons why reunification, termination of parental rights and adoption, adoptive placement, or permanent guardianship, or placement with a fit and willing relative are not in the child's best interests; (B) Documentation of the intensive, ongoing, and unsuccessful efforts made by the state agency to return the child home or secure a placement for the child with a fit and willing relative, a legal guardian, or an adoptive parent, including through efforts that utilize search technology, including social media, to find biological family members for the child; and (C) Documentation of the steps the state agency is taking to ensure that the child's foster family home or child care institution is following the reasonable and prudent parent standard, as defined in Code Section 49-5-3, and documentation that the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities, as defined in Code Section 49-5-3, including by consulting with the child in an age-appropriate manner about the opportunities of the child to participate in the activities. 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) 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;. (B) The case plan for each child in foster care who has attained the age of 14 years old shall be developed and revised in consultation with the child and, at the option of the child, up to two members of the case planning team who are chosen by the child and who are not a foster parent of, or caseworker for, the child. DFCS may reject an individual selected by a child to be a member of the case planning team at any time if DFCS has good cause to believe that the individual would not act in the best interests of the child. One such member may be designated to be the child's advisor and, as necessary, advocate, with respect to the application of the reasonable and prudent parent standard to the child. (C) The case plan for each child in foster care who has attained the age of 14 years old shall include:
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(i) A document describing the rights of the child with respect to education, health, visitation, and court participation, the right to be provided with a consumer report pursuant to 42 U.S.C. Section 675(5)(I), and the right to stay safe and avoid exploitation; and (ii) A signed acknowledgment by the child that the child has been provided with a copy of the document described in division (i) of this subparagraph and that the rights contained in the document have been explained to the child in an ageappropriate way;"
SECTION 14. Said article is further amended in Code Section 15-11-211, relating to relative search by DFCS, by revising subsection (c) as follows:
"(c) All adult relatives of the alleged dependent child identified in a diligent search required by this Code section and all parents of a sibling of such child, when such parent has legal custody of such sibling, 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."
SECTION 15. Said article is further amended in Code Section 15-11-215, relating to notice of change in placement hearings, by adding a new subsection to read as follows:
"(g) A placement change shall not include a temporary absence from the child's identified and ongoing foster care placement, including, but not limited to, visitation with a friend, sibling, relative, or other caretaker, including a pre-placement visit to a possible foster or adoptive placement; hospitalization for medical, acute psychiatric episodes or diagnosis; respite care when the child is expected to return to his or her foster care placement; day or overnight camp; temporary travel with the foster family or child care institution personnel, church, school, or other persons or groups approved by DFCS; trial home visits with the court's permission, if required by subsection (b) of Code Section 15-11-212; and runaway episodes."
SECTION 16. Said article is further amended in Code Section 15-11-231 of the Official Code of Georgia Annotated, relating to permanency planning report, by revising subparagraph (D) of paragraph (8) and adding a new paragraph to read as follows:
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"(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 who has attained the age of 16 years old, whether, and if applicable, when such child shall be placed in another planned permanent living arrangement;" "(8.1) The documentation listed in paragraph (14) of subsection (b) of Code Section 15-11-201;"
SECTION 17. Said article is further amended in Code Section 15-11-232, relating to permanency planning hearings and findings, by revising subsections (a) and (c) as follows:
"(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.; (9) In the case of a child for whom another planned permanent living arrangement is the permanency plan:
(A) Whether DFCS has documented intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts to return the child to the home or to secure a placement for the child with a fit and willing relative, a legal guardian, or an adoptive parent, including through efforts that utilize search technology, including social media, to find biological family members for the children; (B) Whether DFCS has documented the steps it is taking to ensure that the child's foster family home or child care institution is following the reasonable and prudent parent standard and the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including by consulting with the child in an
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age-appropriate manner about the opportunities of the child to participate in the activities; and (C) After asking the child, what his or her desired permanency outcome is; and (10) If a child has attained the age of 14 years old, whether the permanency plan developed for the child, and any revision or addition to the plan, was developed in consultation with the child and, at the option of the child, with not more than two members of the permanency planning team who were selected by the child and who are not a foster parent of or caseworker for the child in accordance with subparagraph (A) of paragraph (15) of Code Section 15-11-201." "(c) If the court finds, as of the date of the hearing, that another planned permanent living arrangement is in the best interests of a child who has attained the age of 16 years old, the court shall make findings of fact explaining such determination and, in its order, provide compelling reasons why it is not or continues to 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, or placed with a fit and willing relative 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."
SECTION 18. Code Section 50-5-69 of the Official Code of Georgia Annotated, relating to purchases without competitive bidding, is amended by adding a new subsection to read as follows:
"(f) The Division of Family and Children Services of the Department of Human Services may enter into contracts for the purchase of or may purchase placements for children in the care or custody of the Division of Family and Children Services of the Department of Human Services without competitive bidding pursuant to the oversight and authority of the director of the Division of Family and Children Services of the Department of Human Services."
SECTION 19. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and withdrawn:
Representative Rogers of the 29th offers the following amendment:
Amend the House Committee on Judiciary substitute to SB 138 (LC 29 6651S) by adding after "immunity;" at the end of line 21 the following: to provide for a single administrator for dental services for 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;
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By inserting between lines 900 and 901 the following:
SECTION 11A. Said title is further amended by adding a new Code section to read as follows:
"49-5-274. (a) Upon expiration, or termination prior to expiration, of the current term of a contract with a care management organization which covers dental services for participants in the PeachCare for Kids program pursuant to this article, the department shall enter into a contract with a single administrator to provide dental services for such participants. Such single administrator shall be selected through a competitive bidding process pursuant to Article 3 of Chapter 5 of Title 50. The single administrator shall be prohibited from outsourcing, subcontracting, or assigning any rights or obligations under its contract with the department. The single administrator shall be required to obtain a certificate of authority from the Commissioner of Insurance as a health maintenance organization pursuant to Chapter 21 of Title 33. The single administrator shall be compensated for dental services on a prepaid, capitated basis for PeachCare for Kids participants. The single administrator shall establish a dental provider fee schedule which is at least 85 percent of the maximum allowable payments for dental services as published by the department in Appendix B of the Policies and Procedures for Dental Services on July 1, 2015, and subject to annual review and adjustment by the department. (b) A single administrator for dental services shall be in place and shall contract with willing dental providers upon the expiration, or termination prior to expiration, of the current term of all contracts with care management organizations which cover dental services for participants in the PeachCare for Kids program pursuant to this article. At such time, all dental services for such participants shall be provided through a single administrator. (c) The single administrator shall comply with and be subject to the provisions of subsection (e) of Code Section 49-4-153 in the same manner as a care management organization subject to such subsection. The single administrator shall be subject to and shall comply with the provisions of Code Section 33-21A-8 in the same manner as for care management organizations. (d) The department shall submit any necessary modifications, if applicable, to the state plan for medical assistance filed pursuant to Code Section 49-4-12 in order to fulfill the requirements of this Code section."
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:
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Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway
Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett E 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer
Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea
Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell E Turner Y Waites Y Watson Y Welch
Weldon Y Werkheiser 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.
Under the general order of business, established by the Committee on Rules, the following Resolutions of the House were taken up for consideration and read the third time:
HR 765. By Representatives Chandler of the 105th, Clark of the 101st, Dickson of the 6th, Coleman of the 97th, Dudgeon of the 25th and others:
A RESOLUTION creating the House Study Committee on School Counseling and the Role of School Counselors; and for other purposes.
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The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 806. By Representatives Rogers of the 29th, Reeves of the 34th, Shaw of the 176th, Taylor of the 173rd, Caldwell of the 131st and others:
A RESOLUTION creating the House Study Committee on Life Insurance Consumer Disclosures; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 826. By Representatives Tankersley of the 160th, Ehrhart of the 36th, Parrish of the 158th, Stephens of the 164th and Werkheiser of the 157th:
A RESOLUTION urging the Congress of the United States, the National Institutes of Health, and its National Cancer Institute to increase funding for childhood cancer research and to continue their support for pediatric clinical trials in Georgia; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 827. By Representatives Ramsey of the 72nd, Meadows of the 5th, Smyre of the 135th, Stephens of the 164th, Maxwell of the 17th and others:
A RESOLUTION creating the House Study Committee on the Preservation of the HOPE Scholarship Program; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 829. By Representatives Clark of the 98th, Thomas of the 39th, Barr of the 103rd, Martin of the 49th, Kelley of the 16th and others:
A RESOLUTION creating the House Welfare Fraud Study Committee; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
By unanimous consent, the following roll call vote was made applicable to the previously read Resolutions.
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On the adoption of the Resolutions, 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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett E 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Smith, E Y Smith, L Y Smith, M Y Smith, R
Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell E Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 Resolutions, the ayes were 172, nays 0.
The Resolutions, having received the requisite constitutional majority, were adopted.
The following Bill of the Senate was taken up for the purpose of considering the Senate action thereon:
SB 4.
By Senators Gooch of the 51st, Williams of the 19th, Mullis of the 53rd, Orrock of the 36th, Ginn of the 47th and others:
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A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, relating to urban redevelopment for counties and municipal corporations, so as to provide for the use of surface transportation projects in urban redevelopment areas; to provide for definitions; to provide for public contracts with private enterprises for the completion of surface transportation projects; to provide for methods of procurement for surface transportation projects in urban redevelopment areas; to provide for limitations on former public employees when negotiating contracts for surface transportation projects; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Roberts of the 155th moved that the House insist on its position in substituting SB 4.
The motion prevailed.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 99. By Representatives Lumsden of the 12th, Caldwell of the 131st, Willard of the 51st, Powell of the 171st, Quick of the 117th and others:
A BILL to be entitled an Act to amend Article 8 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to joint tenancy with survivorship, so as to provide for tenancy in common when joint tenants divorce or have their marriage annulled, under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 123. By Representative Yates of the 73rd:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to equipment and inspection of motor vehicles, so as to provide for the use of a safety chain or cable when operating a motor vehicle drawing a trailer; to provide for related matters; to repeal conflicting laws; and for other purposes.
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The following Bills of the House were taken up for the purpose of considering the Senate action thereon:
HB 202. By Representatives Battles of the 15th, Williamson of the 115th, Harrell of the 106th, Jasperse of the 11th, Taylor of the 79th and others:
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 effective dates; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding ad valorem taxation, assessment, and appeal; to modify certain provisions relating to tax executions; to provide a definition; to change the timing of the sale of tax executions; to change certain provisions regarding the publication of ad valorem tax rates; to change certain provisions relating to interest on unpaid ad valorem taxes; to change certain provisions regarding penalties for certain incomplete or improper tax digests; to change certain provisions relating to joint county appraisal staffs and contracting for advice and assistance; to change certain provisions relating to ascertainment of taxable property, assessments and penalties against unreturned property, and changing valuations established by appeal; to repeal certain provisions regarding unreturned property in counties having a population of 600,000 or more; to change certain provisions relating to the time for completion of revision and assessment of returns and submission of completed tax digest to the state revenue commissioner; to change certain provisions relating to the annual notice of current assessment; to provide a cause of action for failure to provide requested information; to revise substantially certain provisions relating to county boards of equalization and ad valorem tax appeals; to provide for an appeal administrator and to specify powers, duties, and functions; to repeal and reenact certain provisions regarding arbitration appeals and court appeals of ad valorem taxes; to change certain provisions relating to examination of county tax digests by the state revenue commissioner and provide that certain assessments and penalties shall not apply during a specified period of time; to change certain provisions relating to the levy and collection of tax by municipalities for independent school systems; to change certain provisions relating to the issuance of mobile home location permits; to provide for increased criminal penalties for failure to attach and display certain mobile home decals; to change certain provisions relating to mobile home tax returns and decal application and issuance;
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to change certain provisions relating to real estate transfer tax exemptions; to change certain provisions relating to real estate transfer tax payment as certain filing prerequisites; to provide for powers, duties, and authority of the Department of Revenue and the state revenue commissioner; to provide for related matters; to provide for 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 subsection (e) of Code Section 48-3-3, relating to issuance of tax executions, as follows:
"(e)(1)(A) Whenever technologically feasible, the tax collector or tax commissioner, at the time tax bills or any subsequent delinquent notices are mailed, shall also mail such bills or notices to any new owner that at that time appear in the records of the county board of tax assessors. The bills or notices shall be mailed to the address of record as found in the county board of tax assessors' records.
(B)(i) In the discretion of the tax commissioner, a taxpayer shall have the option of receiving tax bills or subsequent delinquent notices via electronic transmission in lieu of, or in addition to, receiving a paper bill via first-class mail. The tax bill shall be transmitted to the taxpayer via e-mail, with delivery or read receipt requested, in portable document format using all e-mail addresses provided by the taxpayer, and the date shown on such transmission shall serve as a postmark. In any instance where such transmission proves undeliverable, the tax commissioner shall mail such tax bill or subsequent delinquent notice to the address of record as found in the county board of tax assessors' records. (ii) The commissioner shall develop and make available to tax commissioners a suitable form for use by taxpayers in exercising the option to receive tax bills or subsequent delinquent notices via electronic transmission. (2) A new purchaser of property owner shall not be required to pay the interest specified in Code Section 48-2-40, or the penalty specified in Code Section 48-2-44, until 60 days after the tax collector or tax commissioner has forwarded a tax bill to the new purchaser owner in accordance with paragraph (1) of this subsection. This paragraph shall apply only to the tax bill applicable to the year in which the property was purchased."
SECTION 2. Said title is further amended in Code Section 48-5-32, relating to publication of ad valorem tax rates, by revising subsection (b) as follows:
"(b)(1) Each levying authority and each recommending authority shall cause a report to be published in a newspaper of general circulation throughout the county and posted on such authority's website, if available:
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(1)(A) At least two weeks one week prior to the certification of any recommending authority to the levying authority of such recommending authority's recommended school tax for the support and maintenance of education pursuant to Article VIII, Section VI, Paragraph I of the Constitution; and (2)(B) At least two weeks one week prior to the establishment by each levying authority of the millage rates for ad valorem taxes for educational purposes and ad valorem taxes for purposes other than educational purposes for the current calendar year. (2) Such reports shall be in a prominent location in such newspaper and shall not be included with legal advertisements, and such reports shall be posted in a prominent location on such authority's website, if available. The size and location of the advertisements shall not be grounds for contesting the validity of the levy."
SECTION 2A. Said title is further amended in Code Section 48-5-32.1, relating to the certification of assessed taxable value of property and method of computation, by revising paragraphs (1) and (2) of subsection (c) as follows:
"(c)(1) Whenever a recommending authority or levying authority shall propose to adopt a millage rate which does not may exceed the roll-back rate but does not increase the millage rate above the current rate, it shall adopt that millage rate at an advertised public meeting and at a time and place which is convenient to the taxpayers of the taxing jurisdiction, in accordance with the procedures specified under Code Section 48-5-32. (2) In those instances in which the recommending authority or levying authority proposes to establish a general maintenance and operation millage rate which would require increases beyond the roll-back rate that result in a millage rate increase above the current rate, the recommending authority or levying authority shall advertise its intent to do so and shall conduct at least three public hearings thereon, at least one of which shall commence between the hours of 6:00 P.M. and 7:00 P.M., inclusive, on a business weekday. The recommending authority or levying authority shall place an advertisement in a newspaper of general circulation serving the residents of the unit of local government and post such advertisement on the website of the recommending or levying authority, which shall read as follows:
'NOTICE OF PROPERTY TAX INCREASE The (name of recommending authority or levying authority) has tentatively adopted a millage rate which will require an increase in property taxes by (percentage increase over roll-back rate) percent. All concerned citizens are invited to the public hearing on this tax increase to be held at (place of meeting) on (date and time). Times and places of additional public hearings on this tax increase are at (place of meeting) on (date and time). This tentative increase will result in a millage rate of (proposed millage rate) mills, an increase of (millage rate increase above the roll-back rate) mills. Without this
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tentative tax increase, the millage rate will be no more than (roll-back millage rate) mills. The proposed tax increase for a home with a fair market value of (average home value from previous year's digest rounded to the nearest $25,000.00) is approximately $(increase) and the proposed tax increase for nonhomestead property with a fair market value of (average nonhomestead property value from previous year's digest rounded to nearest $25,000.00) is approximately $(increase).' Simultaneously with this notice the recommending authority or levying authority shall provide a press release to the local media."
SECTION 3. Said title is further amended in Code Section 48-5-148, relating to interest on unpaid ad valorem taxes, by revising paragraph (3) of subsection (a) as follows:
"(3) In the discretion of the tax commissioner, a taxpayer shall have the option of receiving notices of taxes due via electronic transmission in lieu of, or in addition to, receiving a paper bill via first-class mail. The tax bill shall be transmitted to the taxpayer via e-mail, with delivery or read receipt requested, in portable document format using all e-mail addresses provided by the taxpayer, and the date shown on such transmission shall serve as a postmark. In any instance where such transmission proves undeliverable, the tax commissioner shall mail a bill to the address of record as found in the county board of tax assessors' records. After notices of taxes due are mailed out, each Each taxpayer shall be afforded 60 days from date of postmark to make full payment of taxes due before the taxes shall bear interest as provided in this Code section. The time period for payment provided for by this This paragraph shall not apply in those counties in which a lesser time has been provided by law."
SECTION 4. Said title is further amended in Code Section 48-5-205, relating to penalties for certain incomplete or improper tax digests, by revising subsection (a) as follows:
"(a) If a tax receiver or tax commissioner fails to have his or her digest completed and deposited by August September 1 in each year, unless excused by provisions of law or by the commissioner, he such tax receiver or tax commissioner shall forfeit one-tenth of his or her commissions for each week's delay. If the delay extends beyond 30 days, such tax receiver or tax commissioner he shall forfeit one-half of his or her commissions. If the delay extends beyond the time when the Governor and commissioner fix the rate percentage, he such tax receiver or tax commissioner shall forfeit all his such tax receiver's or tax commissioner's commissions."
SECTION 5. Said title is further amended by revising Code Section 48-5-265, relating to joint county appraisal staffs and contracting for advice and assistance, as follows:
"48-5-265. (a)(1) The governing authorities of any two or more Contiguous Class I counties may join together and contract to by intergovernmental agreement create a joint county
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property appraisal staff following consultation with the county boards of tax assessors of such counties. Under any such contract intergovernmental agreement, the parcels of real property within the contracting counties subject to the intergovernmental agreement shall be totaled, and the counties shall be deemed one county for purposes of determining the class of the counties, the resulting minimum staff requirements, and the amount of money to be received from the department. The costs of the joint county property appraisal staff shall be shared, each county's share to be based upon the ratio which the number of parcels of real property in each contracting county bears to the total number of parcels of real property in all the contracting counties. Any number of Class I counties may join together to create a joint county property appraisal staff determined in the intergovernmental agreement. (2) The governing authorities of any two or more counties may execute an intergovernmental agreement to provide for the sharing of one or more designated members of property appraisal staff following consultation with the county boards of tax assessors of such counties. The costs of such shared staff members shall be determined in the intergovernmental agreement. (b) The governing authorities of any two or more counties may join together and by intergovernmental agreement Each Class I county may contract with a contiguous county which has a minimum county property appraisal staff to carry out this part following consultation with the county boards of tax assessors of such counties. Counties contracting in this manner All counties subject to an intergovernmental agreement under this subsection shall retain their separate character for the purpose of determining the class and minimum staff requirements for each contracting county. (c)(1) Any Each Class I county, at its discretion, may enter into contracts with persons to render advice or assistance to the county board of tax assessors and to the county board of equalization in the assessment and equalization of taxes and to perform such other ministerial duties as are necessary and appropriate to carry out this part, the establishment of property valuations, or the defense of such valuations. Such advice and assistance shall be in compliance with the laws of this state and the rules and regulations of the commissioner. Individuals performing services under such contracts shall complete satisfactorily such training courses as directed by the commissioner. The function of any person contracting to render such services shall be advisory or ministerial, only and the final decision as to the amount of assessments and the equalization of assessments shall be made by the county board of tax assessors and the county board of equalization and shall be set forth in the minutes of the county board of tax assessors. (2) No contract entered into pursuant to paragraph (1) of this subsection shall contain any provision authorizing payment to any person contracted with, or to any person employed by any person contracted with, upon a percentage basis or upon any basis under which compensation is dependent or conditioned in any way upon increasing or decreasing the aggregate assessment of property in the county. Any contract or provision of a contract which is in violation of this paragraph is shall be void and unenforceable."
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SECTION 6.
Said title is further amended in Code Section 48-5-299, relating to ascertainment of taxable property, assessments and penalties against unreturned property, and changing valuations established by appeal, by revising subsections (b) and (c) as follows:
"(b)(1) In all cases where unreturned property is assessed by the county board of tax assessors after the time provided by law for making tax returns has expired, the board shall add to the amount of state and county taxes due a penalty of 10 percent of the amount of the tax due or, if the principal sum of the tax so assessed is less than $10.00 in amount, a penalty of $1.00. The penalty provided in this subsection shall be collected by the tax collector or the tax commissioner and in all cases shall be paid into the county treasury and shall remain the property of the county.
(2)(A) The provisions of paragraph (1) of this subsection to the contrary notwithstanding, this paragraph shall apply with respect to counties having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census. (B)(2) In all cases in which unreturned personal property is assessed by the board after the time provided by law for making tax returns has expired, the board shall add to the assessment of the property a penalty of 10 percent, which shall be included as a part of the taxable value for the year. (c) Real property, When the value of which was real property is reduced or is unchanged from the value on the initial annual notice of assessment and such valuation is established by an appeal as the result of either an appeal decision rendered pursuant to Code Section 48-5-311 or stipulated by agreement of the parties to such an appeal that this subsection shall apply in any year, that has not been returned by the taxpayer at a different value during the next two successive years, the valuation so established by appeal decision or agreement may not be changed increased by the board of tax assessors during such the next two successive years, subject to the following exceptions: for the sole purpose of changing the valuation established or decision rendered in an appeal to the board of equalization or superior court. In such cases, before changing such value or decision, the board of assessors shall first conduct an investigation into factors currently affecting the fair market value. The investigation necessary shall include, but not be limited to, a visual on-site inspection of the property to ascertain if there have been any additions, deletions, or improvements to such property or the occurrence of other factors that might affect the current fair market value. If a review to determine if there are any errors in the description and characterization of such property in the files and records of the board of tax assessors discloses any errors, such errors shall not be the sole sufficient basis for increasing the valuation during the two-year period. (1) This subsection shall not apply to a valuation established by an appeal decision if the taxpayer or his or her authorized representative failed to attend the appeal hearing or provide the board of equalization, hearing officer, or arbitrator with some written evidence supporting the taxpayer's opinion of value;
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(2) This subsection shall not apply to a valuation established by an appeal decision or agreement if the taxpayer files a return at a different valuation during the next two successive years; (3) If the taxpayer files an appeal pursuant to Code Section 48-5-311 during the next two successive years, the board of equalization, hearing officer, or arbitrator may increase or decrease the value of the real property based on the evidence presented by the parties during the appeal process; and (4) The board of tax assessors may increase or decrease the value of the real property if, after a visual on-site inspection of the property, it is found that there have been substantial additions, deletions, or improvements to such property or that there are errors in the board of tax assessors' records as to the description or characterization of the property, and the board of tax assessors finds an occurrence of other material factors that substantially affect the current fair market value of such property."
SECTION 7. Said title is further amended by revising Code Section 48-5-302, relating to the time for completion of revision and assessment of returns and submission of completed tax digest to the state revenue commissioner, as follows:
"48-5-302. Each county board of tax assessors shall complete its revision and assessment of the returns of taxpayers in its respective county by July 1 15 of each year, except that, in all counties providing for the collection and payment of ad valorem taxes in installments, such date shall be June 1 of each year. The tax receiver or tax commissioner shall then immediately forward one copy of the completed digest to the commissioner for examination and approval."
SECTION 8. Said title is further amended in Code Section 48-5-306, relating to annual notice of current assessment, by revising division (b)(2)(A)(iii), subparagraph (b)(2)(B), and subsection (d) as follows:
"(iii) For a parcel of nonhomestead property with a fair market value in excess of $1 million $750,000.00, or for one or more account numbers of wireless property as defined in subparagraph (e.1)(1)(B) of Code Section 48-5-311 with an aggregate fair market value in excess of $750,000.00, to a hearing officer with appeal to the superior court." "(B) The notice shall also contain the following statement statements in bold print: 'The estimate of your ad valorem tax bill for the current year is based on the previous or most applicable year's millage rate and the fair market value contained in this notice. The actual tax bill you receive may be more or less than this estimate. This estimate may not include all eligible exemptions.'" "(d) Records and information availability. Notwithstanding the provisions of Code Section 50-18-71, in the case of all public records and information of the county board of tax assessors pertaining to the appraisal and assessment of real property:
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(1) The taxpayer may request, and the county board of tax assessors shall provide within ten business days, copies of such public records and information, including, but not limited to, a description of the methodology used by the board of tax assessors in setting the property's fair market value, all documents reviewed in making the assessment, the address and parcel identification number of all real property utilized as qualified comparable properties, and all factors considered in establishing the new assessment, at a uniform copying fee not to exceed 25 per page; and (2) No additional charges or fees may be collected from the taxpayer for reasonable search, retrieval, or other administrative costs associated with providing such public records and information; and
(3)(A) The superior courts of this state shall have jurisdiction in law and in equity to entertain actions against the board of tax assessors to enforce compliance with the provisions of this subsection. Such actions may be brought by any person, firm, corporation, or other entity. (B) In any action brought to enforce the provisions of this subsection in which the court determines that either party acted without substantial justification either in not complying with this subsection or in instituting the litigation, the court shall, unless it finds that special circumstances exist, assess in favor of the complaining party reasonable attorney's fees and other litigation costs reasonably incurred. Whether the position of the complaining party was substantially justified shall be determined on the basis of the record as a whole which is made in the proceeding for which fees and other expenses are sought."
SECTION 9. Said title is further amended in Code Section 48-5-311, relating to county boards of equalization and ad valorem tax appeals, by revising subsections (a) through (e) and (h) through (o) and by adding new subsections to read as follows:
"(a) Establishment Definition. As used in this Code section, the term 'appeal administrator' means the clerk of the superior court. (a.1) Appeal administrator.
(1) The appeal administrator is vested with administrative authority in all other matters governing the conduct and business of the boards of equalization so as to provide oversight and supervision of such boards. (2) It shall be the duty of the appeal administrator to receive any complaint filed with respect to the official actions of any member of a county board of equalization regarding technical competency, compliance with state law and regulations, or rude or unprofessional conduct or behavior toward any member of the public and to forward such complaint to the grand jury for investigation. Following an investigation, the grand jury shall issue a written report of its findings, which shall include such evaluations, judgments, and recommendations as it deems appropriate. The findings of the report may be grounds for removal of a member of the board of equalization by the grand jury for failure to perform the duties required under this Code section.
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(a.2) Establishment of boards of equalization. (1) Except as otherwise provided in this subsection, there is established in each county of the this state a county board of equalization to consist of three members and three alternate members appointed in the manner and for the term set forth in this Code section. In those counties having more than 10,000 parcels of real property, the county governing authority, by appropriate resolution adopted on or before November 1 of each year, may elect to have selected one additional county board of equalization for each 10,000 parcels of real property in the county or for any part of a number of parcels in the county exceeding 10,000 parcels. (1.1) The grand jury shall be authorized to conduct a hearing following its receipt of the report of the appeal administrator under paragraph (2) of subsection (a.1) of this Code section and to remove one or more members of the board of equalization for failure to perform the duties required under this Code section. (2) Notwithstanding any part of this subsection to the contrary, at any time the governing authority of a county makes a request to the grand jury of the county for additional alternate members of boards of equalization, the grand jury shall appoint the number of alternate members so requested to each board of equalization, such number not to exceed a maximum of 21 alternate members for each of the boards. The alternate members of the boards shall be duly qualified and authorized to serve on any of the boards of equalization of the county. The grand jury of any such county members of each board of equalization may designate a chairperson and two vice chairpersons of each such board of equalization. The chairperson and vice chairpersons shall be vested with full administrative authority in calling and conducting the business of the board. The appeal administrator shall have administrative authority in all matters governing the conduct and business of the boards of equalization so as to provide oversight and supervision of such boards and scheduling of appeals. Any combination of members or alternate members of any such board of equalization of the county shall be competent to exercise the power and authority of the board. Any person designated as an alternate member of any such board of equalization of the county shall be competent to serve in such capacity as provided in this Code section upon appointment and taking of oath. (3) Notwithstanding any provision of this subsection to the contrary, in any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census, the governing authority of the county, by appropriate resolution adopted on or before November 1 of each year, may elect to have selected one additional county board of equalization for each 10,000 parcels of real property in the county or for any part of a number of parcels in the county exceeding 10,000 parcels. In addition to the foregoing, any two members of a county board of equalization of the county may decide an appeal from an assessment, notwithstanding any other provisions of this Code section. The decision shall be in writing and signed by at least two members of the board of equalization; and, except for the number of members necessary to decide an appeal, the decision shall conform to the requirements of this Code section.
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(4) The governing authorities of two or more counties may by intergovernmental agreement establish regional boards of equalization for such counties which shall operate in the same manner and be subject to all of the requirements of this Code section specified for county boards of equalization. The intergovernmental agreement shall specify the manner in which the members of the regional board shall be appointed by the grand jury of each of the counties, and shall specify which clerk of the superior court appeal administrator shall have oversight over and supervision of such regional board, and shall provide for funding from each participating county for the operations of the appeal administrator as required by subparagraph (d)(4)(C.1) of this Code section. All hearings and appeals before a regional board shall be conducted in the county in which the property which is the subject of the hearing or appeal is located. (b) Qualifications of board of equalization members. (1) Each person who is, in the judgment of the appointing grand jury, qualified and competent to serve as a grand juror, who is the owner of real property located in the county where such person is appointed to serve, or, in the case of a regional board of equalization, is the owner of real property located in any county in the region where such person is appointed to serve, and who is at least a high school graduate shall be qualified, competent, and compellable to serve as a member or alternate member of the county board of equalization. No member of the governing authority of a county, municipality, or consolidated government; member of a county or independent board of education; member of the county board of tax assessors; employee of the county board of tax assessors; or county tax appraiser shall be competent to serve as a member or alternate member of the county board of equalization.
(2)(A) Each person seeking to be appointed as a member or alternate member of a county board of equalization shall, not later than immediately prior to the time of his or her appointment under subsection (c) of this Code section, file with the clerk of the superior court a uniform application form which shall be a public record. The Council of Superior Court Clerks of Georgia created under Code Section 15-6-50.2 shall design the form which indicates the applicant's education, employment background, experience, and qualifications for such appointment.
(B)(i) Within the first year after a member's initial appointment to the board of equalization on or after January 1, 1981, each member shall satisfactorily complete not less than 40 hours of instruction in appraisal and equalization processes and procedures, as prepared and required by the commissioner pursuant to Code Section 48-5-13. (ii) On or after January 1, 2016, following the completion of each term of office, a member shall, within the first year of appointment to the subsequent term of office, complete satisfactorily not less than 20 hours of instruction in appraisal and equalization processes and procedures, as prepared and required by the commissioner for newly appointed members. (iii) No person shall be eligible to hear an appeal as a member of a board of equalization unless, prior to hearing such appeal, such person shall satisfactorily
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complete the 20 hours of instruction in appraisal and equalization processes and procedures required under the applicable provisions of division (i) or (ii) of this subparagraph. (iv) The failure of any member to fulfill the requirements of the applicable provisions of division (i) or (ii) of this subparagraph shall render that such member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled. (B)(C)(i) No person shall be eligible to hear an appeal as a member of a board of equalization on or after January 1, 2011, unless prior to hearing such appeal, that person shall satisfactorily complete the 40 hours of instruction in appraisal and equalization processes and procedures required under subparagraph (A) of this paragraph. Any person appointed to such a board of equalization shall be required to complete annually a continuing education requirement of at least eight hours of instruction in appraisal and equalization procedures, as prepared and required by the commissioner pursuant to Code Section 48-5-13. (ii) The failure of any member to fulfill the requirements of division (i) of this subparagraph shall render that such member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled. (c) Appointment of board of equalization members. (1) Except as provided in paragraph (2) of this subsection, each member and alternate member of the county board of equalization shall be appointed for a term of three calendar years next succeeding the date of such member or such alternate member's selection. Each term shall begin on January 1. (2) The grand jury in each county at any term of court preceding November 1 of 1991 shall select three persons who are otherwise qualified to serve as members of the county board of equalization and shall also select three persons who are otherwise qualified to serve as alternate members of the county board of equalization. The three individuals selected as alternates shall be designated as alternate one, alternate two, and alternate three, with the most recent appointee being alternate number three, the next most recent appointee being alternate number two, and the most senior appointee being alternate number one. One member and one alternate shall be appointed for terms of one year, one member and one alternate shall be appointed for two years, and one member and one alternate shall be appointed for three years. Each year thereafter, the grand jury of each county shall select one member and one alternate for three-year terms. (3) If a vacancy occurs on the county board of equalization, the individual designated as alternate one shall then serve as a member of the board of equalization for the unexpired term. If a vacancy occurs among the alternate members, the grand jury then in session or the next grand jury shall select an individual who is otherwise qualified to serve as an alternate member of the county board of equalization for the unexpired term. The individual so selected shall become alternate member three, and the other two alternates shall be redesignated appropriately.
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(4) Within five days after the names of the members and alternate members of the county board or boards of equalization have been selected, the clerk of the superior court shall issue and deliver cause such appointees to appear before the clerk of the superior court for the purpose of taking and executing in writing the oath of office. The clerk of the superior court may utilize any means necessary for such purpose, including, but not limited to, telephonic or other communication, regular first-class mail, or issuance of and delivery to the sheriff or deputy sheriff a precept containing the names of the persons so selected. Within ten days of receiving the precept, the sheriff or deputy sheriff shall cause the persons whose names are written on the precept to be served personally or by leaving the summons at their place of residence. The summons shall direct the persons named on the summons to appear before the clerk of the superior court on a date specified in the summons, which date shall not be later than December 15. (5) Each member and alternate member of the county board of equalization, on the date prescribed for appearance before the clerk of the superior court and before entering on the discharge of such member and alternate member's duties, shall take and execute in writing before the clerk of the superior court the following oath:
'I, _______________, agree to serve as a member of the board of equalization of the County of _______________ and will decide any issue put before me without favor or affection to any party and without prejudice for or against any party. I will follow and apply the laws of this state. I also agree not to discuss any case or any issue with any person other than members of the board of equalization except at any appeal hearing. I shall faithfully and impartially discharge my duties in accordance with the Constitution and laws of this state, to the best of my skill and knowledge. So help me God.
_________________________________ Signature of member or alternate member' In addition to the oath of office prescribed in this paragraph, the presiding or chief judge of the superior court or his or her designee the appeal administrator shall charge each member and alternate member of the county board of equalization with the law and duties relating to such office. (d) Duties and powers of board of equalization members. (1) The county board of equalization shall hear and determine appeals from assessments and denials of homestead exemptions as provided in subsection (e) of this Code section. (2) If, in the course of determining an appeal, the county board of equalization finds reason to believe that the property involved in an appeal or the class of property in which is included the property involved in an appeal is not uniformly assessed with other property included in the digest, the board shall request the respective parties to the appeal to present relevant information with respect to that question. If the board determines that uniformity is not present, the board may order the county board of tax assessors to take such action as is necessary to obtain uniformity, except that, when a question of county-wide uniformity is considered by the board, the board may
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recommend a partial or total county-wide revaluation only upon a determination by a majority of all the members of the board that the clear and convincing weight of the evidence requires such action. The board of equalization may act pursuant to this paragraph whether or not the appellant has raised the issue of uniformity. (3) The board shall establish procedures which comply strictly with the regulations promulgated by the commissioner pursuant to subparagraph (e)(5)(B) (e)(1)(D) of this Code section for the conducting of appeals before the board. The procedures shall be entered into the minutes of the board, and a copy of the procedures shall be made available to any individual upon request.
(4)(A) The clerk of the superior court appeal administrator shall have oversight over and supervision of all boards of equalization of the county and hearing officers. This oversight and supervision shall include, but not be limited to, requiring appointment of members of county boards of equalization by the grand jury; giving the notice of the appointment of members and alternates of the county board of equalization by the county grand jury as required by Code Section 15-12-81; collecting the names of possible appointees; collecting information from possible appointees as to their qualifications; presenting the names of the possible appointees to the county grand jury; processing the appointments as required by paragraph (4) of subsection (c) of this Code section, including administering the oath of office to the newly appointed members and alternates of the county board of equalization as required by paragraph (5) of such subsection; instructing the newly appointed members and alternates as to the training they must receive and the operations of the county board of equalization; presenting to the grand jury of the county the names of possible appointees to fill vacancies as provided in paragraph (3) of such subsection; maintaining a roster of board members and alternates, maintaining a record showing that the board members and alternates completed training, keeping attendance records of board members and alternates for the purpose of payment for service, and maintaining the uniform application forms and keeping a record of the appointment dates of board members and alternates and their terms in office; and informing the county board of equalization that it must establish by regulation procedures for conducting appeals before the board as required by paragraph (3) of this subsection (d) of this Code section. Oversight and supervision shall also include the scheduling of board hearings, assistance in scheduling hearings before hearing officers, and giving notice of the date, time, and place of hearings to the taxpayers and the county board of tax assessors and giving notice of the decisions of the county board of equalization or hearing officer to the taxpayer and county board of tax assessors as required by division (e)(6)(D)(i) of this Code section. (B) The county governing authority shall provide any resources to the clerk of superior court appeal administrator that are required to be provided by paragraph (7) of subsection (e) of this Code section. (C) The county governing authority shall provide to the clerk of superior court appeal administrator facilities and secretarial and clerical help for appeals pursuant to subsection (e.1) of this Code section.
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(C.1) The operations of the appeal administrator under this Code section shall, for budgeting purposes, constitute a distinct budget unit within the county budget that is separate from the operations of the clerk of the superior court. The appeal administrator budget unit shall contain a separate line item for the compensation of the appeal administrator for the performance of duties required under this Code section as well as separate lines items for resources, facilities, and personnel as specified under subparagraphs (B) and (C) of this paragraph. (D) The clerk of superior court appeal administrator shall maintain any county records of all notices to the taxpayer and the taxpayer's attorney, of certified receipts of returned or unclaimed mail, and from the hearings before the board of equalization and before hearing officers until for 12 months after the deadline to file any appeal to the superior court expires. If an appeal is not filed to the superior court, the clerk of superior court appeal administrator is authorized to properly destroy any records from the hearings before the county board of equalization or hearing officers but shall maintain records of all notices to the taxpayer and the taxpayer's attorney and certified receipts of returned or unclaimed mail for 12 months. If an appeal to the superior court is filed, the clerk of superior court appeal administrator shall file such appeal and records in the civil action that is considered open by the clerk of superior court for such appeal, and such records shall become part of the record on appeal in accordance with paragraph (2) of subsection (g) of this Code section. (e) Appeal. (1)(A) Any taxpayer or property owner as of the last date for filing an appeal may elect to file an appeal from an assessment by the county board of tax assessors to either:
(i) The county board of equalization as to matters of taxability, uniformity of assessment, and value, and, for residents, as to denials of homestead exemptions pursuant to paragraph (2) of this subsection; (ii) An arbitrator as to matters of value pursuant to subsection (f) of this Code section; or (iii) A hearing officer as to matters of value and uniformity of assessment for a parcel of nonhomestead real property with a fair market value in excess of $1 million $750,000.00 as shown on the taxpayer's annual notice of current assessment under Code Section 48-5-306, and any contiguous nonhomestead real property owned by the same taxpayer, pursuant to subsection (e.1) of this Code section; or (iv) A hearing officer as to matters of values or uniformity of assessment of one or more account numbers of wireless property as defined in subparagraph (e.1)(1)(B) of this Code section with an aggregate fair market value in excess of $750,000.00 as shown on the taxpayer's annual notice of current assessment under Code Section 48-5-306, pursuant to subsection (e.1) of this Code section.
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(A.1) The commissioner shall establish by rule and regulation a uniform appeal form that the taxpayer may use. Such uniform appeal form shall require the initial assertion of a valuation of the property by the taxpayer. (B) In addition to the grounds enumerated in subparagraph (A) of this paragraph, any taxpayer having property that is located within a municipality, the boundaries of which municipality extend into more than one county, may also appeal from an assessment on such property by the county board of tax assessors to the county board of equalization, or to a hearing officer, or to arbitration as to matters of uniformity of assessment of such property with other properties located within such municipality, and any uniformity adjustments to the assessment that may result from such appeal shall only apply for municipal ad valorem tax purposes. (B.1) The taxpayer or his or her agent or representative may submit in support of his or her appeal an appraisal given, signed, and certified as such by a real property appraiser as classified by the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board which was performed not later than nine months prior to the date of assessment. The board of tax assessors shall consider the appraisal upon request. Within 45 days of the receipt of the taxpayer's appraisal, the board of tax assessors shall notify the taxpayer or his or her agent or representative of acceptance of the appraisal or shall notify the taxpayer or his or her agent or representative of the reasons for rejection. (B.2) The taxpayer or his or her agent or representative may submit in support of his or her appeal the most current report of the sales ratio study for the county conducted pursuant to Code Section 48-5-274. The board of tax assessors shall consider such sales ratio study upon request of the taxpayer or his or her agent or representative. (B.3) Any assertion of value by the taxpayer on the uniform appeal form made to the board of tax assessors shall be subject to later amendment or revision by the taxpayer by submission of written evidence to the board of tax assessors. (B.4) If more than one property of a taxpayer is under appeal, the board of equalization, arbitrator, or hearing officer, as the case may be, shall, upon request of the taxpayer, consolidate all such appeals in one hearing and shall announce separate decisions as to each parcel or item of property. Any appeal from such a consolidated hearing to the superior court as provided in subsection (g) of this Code section shall constitute a single civil action and, unless the taxpayer specifically so indicates in the taxpayer's notice of appeal, shall apply to all such parcels or items of property. (B.5) Within ten days of a final determination of value under this Code section and the expiration of the 30 day appeal period provided by subsection (g) of this Code section, or, as otherwise provided by law, with no further option to appeal, the county board of tax assessors shall forward such final determination of value to the tax commissioner. (C) Appeals to the county board of equalization shall be conducted in the manner provided in paragraph (2) of this subsection. Appeals to a hearing officer shall be
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conducted in the manner specified in subsection (e.1) of this Code section. Appeals to an arbitrator shall be conducted in the manner specified in subsection (f) of this Code section. Such appeal proceedings shall be conducted between the hours of 8:00 A.M. and 7:00 P.M. on a business day. Following the notification of the taxpayer of the date and time of such taxpayer's scheduled hearing, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the taxpayer's scheduled hearing to a day and time acceptable to the taxpayer and the county board of tax assessors. The clerk of the superior court appeal administrator shall grant additional extensions to the taxpayer or the county board of tax assessors for good cause shown, or by agreement of the parties. (D) The commissioner, by regulation, shall adopt uniform procedures and standards which shall be followed by county boards of equalization, hearing officers, and arbitrators in determining appeals. Such rules shall be updated and revised periodically and reviewed no less frequently than every five years. The commissioner shall publish and update annually a manual for use by county boards of equalization, arbitrators, and hearing officers. (2)(A) Appeal to board of equalization. An appeal shall be effected by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by mailing to, or by filing with the county board of tax assessors a notice of appeal within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306. A written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identification number, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. A written objection to an assessment of personal property received by a county board of tax assessors giving the account number, if any, contained in the tax notice and stating that the objection is to an assessment of personal property shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. The county board of tax assessors shall review the valuation or denial in question, and, if any changes or corrections are made in the valuation or decision in question, the board shall send a notice of the changes or corrections to the taxpayer pursuant to Code Section 48-5-306. Such notice shall also explain the taxpayer's right to appeal to the county board of equalization as provided in subparagraph (C) of this paragraph if the taxpayer is dissatisfied with the changes or corrections made by the county board of tax assessors. (B) If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall send written notice thereof to the taxpayer, to any authorized agent or representative of the taxpayer who the taxpayer has requested that such notice be sent, and to the county board of equalization which notice shall also constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal to the county board of tax assessors or to the county board of equalization. The county board of tax
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assessors shall also send or deliver all necessary papers to the county board of equalization. If, however, the taxpayer and the county board of tax assessors execute a signed agreement as to valuation, the appeal shall terminate as of the date of such signed agreement. (C) If changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. The commissioner shall develop and make available to county boards of tax assessors a suitable form which shall be used in such notification to the taxpayer. The notice shall be sent by regular mail properly addressed to the address or addresses the taxpayer provided to the county board of tax assessors and to any authorized agent or representative of the taxpayer who the taxpayer has requested that such notice be sent. If the taxpayer is dissatisfied with such changes or corrections, the taxpayer shall, within 30 days of the date of mailing of the change notice, institute an notify the county board of tax assessors to continue the taxpayer's appeal to the county board of tax assessors equalization by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by mailing to or filing with the county board of tax assessors a written notice of appeal continuance. The county board of tax assessors shall send or deliver the notice of appeal and all necessary papers to the county board of equalization. (D) The written notice to the taxpayer required by this paragraph shall contain a statement of the grounds for rejection of any position the taxpayer has asserted with regard to the valuation of the property. No addition to or amendment of such grounds as to such position shall be permitted before the county board of equalization. (3)(A) In any each year in which no county-wide revaluation is implemented, the county board of tax assessors shall make its determination review the appeal and notify the taxpayer of any corrections or changes within 180 days after receipt of the taxpayer's notice of appeal. If the county board of tax assessors fails to respond to the taxpayer within such 180 day period during such year, the appeal shall be automatically referred to the county board of equalization property valuation asserted by the taxpayer on the property tax return or the taxpayer's notice of appeal shall become the assessed fair market value for the taxpayer's property for the tax year under appeal. If no such assertion of value was submitted by the taxpayer, the appeal shall be forwarded to the county board of equalization. (B) In any county in which the number of appeals exceeds a number equal to or greater than 3 percent of the total number of parcels in the county or the sum of the current assessed value of the parcels under appeal is equal to or greater than 3 percent of the gross tax digest of the county, the county board of tax assessors shall be granted an additional 180 day period to make its determination and notify the taxpayer. The county board of tax assessors shall notify each affected taxpayer of the additional 180 day review period provided in this subparagraph by mail or electronic communication, including posting notice on the website of the county board of tax assessors if such a website is available. Such additional period shall
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commence immediately following the last day of the 180 days provided for under subparagraph (A) of this paragraph. If the county board of tax assessors fails to review the appeal and notify the taxpayer of any corrections or changes not later than the last day of such additional 180 day period, the most recent property tax valuation asserted by the taxpayer on the property tax return or on appeal shall prevail and shall be deemed the value established on such appeal unless a time extension is granted under subparagraph (C) of this paragraph. If no such assertion of value was submitted by the taxpayer, the appeal shall be forwarded to the county board of equalization. (C) Upon a sufficient showing of good cause by reason of unforeseen circumstances proven to the commissioner prior to the expiration of the additional 180 day period provided for under subparagraph (B) of this paragraph, the commissioner shall be authorized to provide for a time extension beyond the end of such additional 180 day period. The duration of any such time extension shall be specified in writing by the commissioner and shall also be posted on the website of the county board of tax assessors if such a website is available. If the county board of tax assessors fails to make its review and notify the taxpayer and the taxpayer's attorney not later than the last day of such time extension, the most recent property tax valuation asserted by the taxpayer on the property tax return or on the taxpayer's notice of appeal shall prevail and shall be deemed the value established on such appeal. If no such assertion of value was submitted by the taxpayer, the appeal shall be forwarded to the county board of equalization. In addition, the commissioner shall be authorized to require additional training or require such other remediation as the commissioner may deem appropriate for failure to meet the deadline imposed by the commissioner under this subparagraph. (4) The determination by the county board of tax assessors of questions of factual characteristics of the property under appeal, as opposed to questions of value, shall be prima-facie correct in any appeal to the county board of equalization. However, the board of tax assessors shall have the burden of proving its opinions of value and the validity of its proposed assessment by a preponderance of evidence. (5) The county board of equalization shall determine all questions presented to it on the basis of the best information available to the board. (6)(A) Within 15 days of the receipt of the notice of appeal, the county board of equalization shall set a date for a hearing on the questions presented and shall so notify the taxpayer and the county board of tax assessors in writing. Such notice shall be sent by first-class mail to the taxpayer and to any authorized agent or representative of the taxpayer who the taxpayer has requested that such notice be sent. Such notice shall be transmitted by e-mail to the county board of tax assessors if such board has adopted a written policy consenting to electronic service, and, if it has not, then such notice shall be sent to such board by first-class mail or intergovernmental mail. Such written notice shall advise each party that he or she may request a list of witnesses, documents, or other written evidence to be presented at the hearing by the other party, which shall be provided to the requesting party not
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less than seven days prior to the time of the hearing. Any failure to comply with this requirement shall be grounds for an automatic continuance or for exclusion of such witness, documents, or other written evidence. A taxpayer may appear before the board of equalization concerning any appeal in person, by his or her authorized agent or representative, or both. The taxpayer shall specify in writing to the board of equalization the name of any such agent or representative prior to any appearance by the agent or representative before the board. (B) Within 30 days of the date of notification to the taxpayer of the hearing required in this paragraph but not earlier than 20 days from the date of such notification to the taxpayer, the county board of equalization shall hold such hearing to determine the questions presented. (C) If more than one contiguous property of a taxpayer is under appeal, the board of equalization shall, upon request of the taxpayer, consolidate all such appeals in one hearing and render announce separate decisions as to each parcel or item of property. Any appeal from such a consolidated board of equalization hearing to the superior court as provided in this subsection shall constitute a single civil action, and, unless the taxpayer specifically so indicates in his or her notice of appeal, shall apply to all such parcels or items of property.
(D)(i) The board of equalization shall render announce its decision on each appeal at the conclusion of the hearing under held in accordance with subparagraph (B) of this paragraph before proceeding with another hearing. The decision of the county board of equalization shall be in writing, shall be signed by each member of the board, shall specifically decide each question presented by the appeal, shall specify the reason or reasons for each such decision as to the specific issues of taxability, uniformity of assessment, value, or denial of homestead exemptions depending upon the specific issue or issues raised by the taxpayer in the course of such taxpayer's appeal, shall state that with respect to the appeal no member of the board is disqualified from acting by virtue of subsection (j) of this Code section, and shall certify the date on which notice of the decision is given to the parties. Notice of the decision shall be delivered by hand to each party, with written receipt, or given to each party by sending a copy of the decision by registered or certified mail or statutory overnight delivery to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each of the three members of the county board of equalization must be present and must participate in the deliberations on any appeal. A majority vote shall be required in any matter. All three members of the board must shall sign the decision indicating their vote. (ii) Except as otherwise provided in subparagraph (g)(4)(B) of this Code section, the county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county for the year in question and shall indicate such valuation as the previous year's value on the property tax notice of assessment of such taxpayer for the immediately following year rather than substituting the valuation which was changed by the county board of equalization.
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(iii)(I) If the county's tax bills are issued before an appeal has been finally determined, the county board of tax assessors shall specify to the county tax commissioner the lesser of the valuation in the last year for which taxes were finally determined to be due on the property or 85 percent of the current year's value, unless the property in issue is homestead property and 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 tax assessors. Depending on the circumstances of the property, this amount shall be the basis for a temporary tax bill to be issued; provided, however, that a nonhomestead owner of a single property valued at $2 million or more may elect to pay the temporary tax bill which specifies 85 percent of the current year's valuation; or, such owner may elect to pay the amount of the difference between the 85 percent tax bill based on the current year's valuation and the tax bill based on the valuation from the last year for which taxes were finally determined to be due on the property in conjunction with the amount of the tax bill based on valuation from the last year for which taxes were finally determined to be due on the property, to the tax commissioner's office. Only the amount which represents the difference between the tax bill based on the current year's valuation and the tax bill based on the valuation from the last year for which taxes were finally determined to be due will be held in an escrow account by the tax commissioner's office. Once the appeal is concluded, the escrowed funds shall be released by the tax commissioner's office to the prevailing party. The taxpayer may elect to pay the temporary tax bill in the amount of 100 percent of the current year's valuation if no substantial 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) For the purposes of this Code section, any final value that causes a reduction in taxes and creates a refund that is owed to the taxpayer shall be paid by the tax commissioner to the taxpayer, entity, or transferee who paid the taxes with interest, as provided in subsection (m) of this Code section. (III) For the purposes of this Code section, any final value that causes an increase in taxes and creates an additional billing shall be paid to the tax commissioner as any other tax due along with interest, as provided in subsection (m) of this Code section. (7) The clerk of the superior court appeal administrator shall furnish the county board of equalization necessary facilities and secretarial and clerical administrative help. The clerk of the superior court appeal administrator shall see that the records and information of the county board of tax assessors are transmitted to the county board of
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equalization. The county board of equalization must shall consider in the performance of its duties the information furnished by the county board of tax assessors and the taxpayer. (8) The taxpayer or his or her agent or representative may submit in support of his or her appeal the most current report of the sales ratio study for the county conducted pursuant to Code Section 48-5-274. The board must consider the study upon any such request. (9)(8) If at any time during the appeal process to the county board of equalization and after certification by the county board of tax assessors to the county board of equalization, the county board of tax assessors and the taxpayer mutually agree in writing on the fair market value, then the county board of tax assessors, or the county board of equalization, as the case may be, shall enter the agreed amount in all appropriate records as the fair market value of the property under appeal, and the appeal shall be concluded. The provisions in subsection (c) of Code Section 48-5-299 shall apply to the valuation unless otherwise waived by both parties. (e.1) Appeals to hearing officer.
(1)(A) For any dispute involving the value or uniformity of a parcel of nonhomestead real property with a fair market value in excess of $1 million $750,000.00 as shown on the taxpayer's annual notice of current assessment under Code Section 48-5-306, at the option of the taxpayer, an appeal may be submitted to a hearing officer in accordance with this subsection. If such taxpayer owns nonhomestead real property contiguous to such qualified nonhomestead real property, at the option of the taxpayer, such contiguous property may be consolidated with the qualified property for purposes of the hearing under this subsection.
(B)(i) As used in this subparagraph, the term 'wireless property' means tangible personal property or equipment used directly for the provision of wireless services by a provider of wireless services which is attached to or is located underneath a wireless cell tower or at a network data center location but which is not permanently affixed to such tower or data center so as to constitute a fixture. (ii) For any dispute involving the values or uniformity of one or more account numbers of wireless property as defined in this subparagraph with an aggregate fair market value in excess of $750,000.00 as shown on the taxpayer's annual notice of current assessment under Code Section 48-5-306, at the option of the taxpayer, an appeal may be submitted to a hearing officer in accordance with this subsection. (2) Individuals desiring to serve as hearing officers and who are either state certified general real property appraisers or state certified residential real property appraisers as classified by the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board for real property appeals or are designated appraisers by a nationally recognized appraiser's organization for wireless property appeals shall complete and submit an application, a list of counties the hearing officer is willing to serve, disqualification questionnaire, and resume and be approved by the Georgia
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Real Estate Commission and the Georgia Real Estate Appraisers Board to serve as a hearing officer. Such board shall annually publish a list of qualified and approved hearing officers for Georgia. (3) The clerk of the superior court appeal administrator shall furnish any hearing officer so selected the necessary facilities. (4) An appeal shall be effected by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by filing with the county board of tax assessors a notice of appeal to a hearing officer within 45 days from the date of mailing the notice of assessment pursuant to Code Section 48-5-306. A written objection to an assessment of real property or wireless property received by a county board of tax assessors stating the taxpayer's election to appeal to a hearing officer and showing the location of the real property or wireless property contained in the assessment notice shall be deemed a notice of appeal by the taxpayer. (5) The county board of tax assessors may for no more than 90 days review the taxpayer's written appeal, and if changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. If within Within 30 days of the county board of tax assessors' mailing of such notice, the taxpayer notifies may notify the county board of tax assessors in writing that such the changes or corrections made by the county board of tax assessors are not acceptable, in which case, the county board of tax assessors shall, within 30 days of the date of mailing of such taxpayer's notification, send or deliver the notice of appeal and all necessary papers to the clerk of the superior court appeal administrator and mail a copy to the taxpayer or, alternatively, forward the appeal to the board of equalization if so elected by the taxpayer and such election is included in the taxpayer's notification that the changes are not acceptable. If, after review, the county board of tax assessors determines that no changes or corrections are warranted, the county board of tax assessors shall notify the taxpayer of such decision. The taxpayer may elect to forward the appeal to the board of equalization by notifying the county board of tax assessors within 30 days of the mailing of the county board of tax assessor's notice of no changes or corrections. Upon the expiration of 30 days following the mailing of the county board of tax assessors' notice of no changes or corrections, the county board of tax assessors shall certify the notice of appeal and send or deliver all necessary papers to the appeal administrator for the appeal to the hearing officer, or board of equalization if elected by the taxpayer, and mail a copy to the taxpayer.
(6)(A) The clerk of superior court appeal administrator shall randomly select from such list a hearing officer who shall have experience or expertise in hearing or appraising the type of property that is the subject of appeal to hear the appeal, unless the taxpayer and the county board of tax assessors mutually agree upon a hearing officer from such list. The appeal administrator shall notify the taxpayer and the taxpayer's attorney in compliance with subsection (o) of this Code section of the name of the hearing officer and transmit a copy of the hearing officer's disqualification questionnaire and resume provided for under paragraph (2) of this subsection. The hearing officer, in conjunction with all parties to the appeal, shall
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set a time and place to hear evidence and testimony from both parties. The hearing shall take place in the county where the property is located, or such other place as mutually agreed to by the parties and the hearing officer. The hearing officer shall provide electronic or written notice to the parties personally or by registered or certified mail or statutory overnight delivery not less than ten days before the hearing. Such written notice shall advise each party that documents or other written evidence to be presented at the hearing by a party must be provided to the other party not less than seven days prior to the time of the hearing and that any failure to comply with this requirement shall be grounds for an automatic continuance or for exclusion of such documents or other written evidence. (B) If the appeal administrator, after a diligent search, cannot find a qualified hearing officer who is willing to serve, the appeal administrator shall transfer the certification of the appeal to the county or regional board of equalization and notify the taxpayer and the taxpayer's attorney in compliance with subsection (o) of this Code section and the county board of tax assessors of the transmittal of such appeal. (7) The hearing officer shall swear in all witnesses, perform the powers, duties, and authority of a county or regional board of equalization, and determine the fair market value of the real property or wireless property based upon the testimony and evidence presented during the hearing. Any issues other than fair market value and uniformity raised in the appeal shall be preserved for appeal to the superior court. The board of tax assessors shall have the burden of proving its opinion of value and the validity of its proposed assessment by a preponderance of evidence. At the conclusion of the hearing, the hearing officer shall notify both parties of the decision verbally and shall either send the taxpayer both parties the decision in writing or deliver the decision by hand to each party, with written receipt. (8) The taxpayer or the board of tax assessors may appeal the decision of the hearing officer to the superior court as provided in subsection (g) of this Code section. (9) If, at any time during the appeal under this subsection, the taxpayer and the county board of tax assessors execute a signed written agreement on the fair market value and any other issues raised,: the appeal shall terminate as of the date of such signed agreement; and the fair market value as set forth in such agreement shall become final; and subsection (c) of Code Section 48-5-299 shall apply. The provisions contained in this paragraph may be waived at any time by written consent of the taxpayer and the county board of tax assessors. (9.1) The provisions contained in this subsection may be waived at any time by written consent of the taxpayer and the county board of tax assessors. (10) Each hearing officer shall be compensated by the county for time expended in considering appeals. The compensation shall be paid at a rate of not less than $75.00 per hour for the first hour and not less than $25.00 per hour for each hour thereafter as determined by the county governing authority or as may be agreed upon by the parties with the consent of the county governing authority. Compensation pursuant to this paragraph shall be paid from the county treasury upon certification by the hearing officer of the hours expended in hearing of appeals. The attendance at any training
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required by the commissioner shall be part of the qualifications of the hearing officer, and any nominal cost of such training shall be paid by the hearing officer. If the clerk of the superior court, after diligent search, cannot find a qualified hearing officer who is willing to serve, the clerk of the superior court shall notify the county board of tax assessors in writing. The county board of tax assessors shall then certify the appeal to the county or regional board of equalization. (11) The commissioner shall promulgate rules and regulations for the proper administration of this subsection, including, but not limited to, a uniform appeal form; qualifications; training, including an eight-hour course on Georgia property law, Georgia evidence law, preponderance of evidence, burden of proof, credibility of the witnesses, and weight of evidence; disqualification questionnaire; selection; removal; an annual continuing education requirement of at least four hours of instruction in recent legislation, current case law, and updates on appraisal and equalization procedures, as prepared and required by the commissioner; and any other matters necessary to the proper administration of this subsection. The failure of any hearing officer to fulfill the requirements of this paragraph shall render such officer ineligible to serve. Such rules and regulations shall also include a uniform appeal form which shall require the initial assertion of a valuation of the property by the taxpayer. Any such assertion of value shall be subject to later revision by the taxpayer based upon written evidence. The commissioner shall seek input from all interested parties prior to such promulgation. (12) If the county's tax bills are issued before the hearing officer has rendered his or her decision on property which is on appeal, a temporary tax bill shall be issued in the same manner as otherwise required under division (e)(6)(D)(iii) of this Code section. (13) Upon determination of the final value, the temporary tax bill shall be adjusted as required under division (e)(6)(D)(iii) of this Code section." "(h) Recording of interviews or hearings. (1) In the course of any assessment, appeal, or arbitration, or any related proceeding, the taxpayer shall be entitled to: make recordings of any interview with any officer or employee of the taxing authority relating to the valuation of the taxpayer's property subject to such assessment, appeal, arbitration, or related proceeding, at the taxpayer's expense and with equipment provided by the taxpayer, and no such officer or employee may refuse to participate in an interview relating to such valuation for reason of the taxpayer's choice to record such interview.
(A) Have an interview with any officer or employee of the board of tax assessors relating to the valuation of the taxpayer's property subject to such assessment, appeal, arbitration, or related proceeding, and the taxpayer may record the interview at the taxpayer's expense and with equipment provided by the taxpayer, and no such officer or employee of the board of tax assessors may refuse to participate in an interview relating to such valuation for reason of the taxpayer's choice to record such interview; and (B) Record, at the taxpayer's expense and with equipment provided by the taxpayer, all proceedings before the board of equalization or any hearing officer.
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(2) The interview referenced in subparagraph (A) of this paragraph shall be granted to the taxpayer within 20 business days from the taxpayer's written request for the interview, and the interview shall be conducted in the office of the board of assessors. The time and date for the interview, within such 20 business day period, shall be mutually agreed upon between the taxpayer and the taxing authority. (3) The superior courts of this state shall have jurisdiction to enforce the provisions of this subsection directly and without the issue being first brought to any administrative procedure or hearing. The taxpayer shall be awarded damages in the amount of $500.00 per occurrence where the taxpayer requested the interview, in compliance with this subsection, and the board of assessors failed to timely comply; and, the taxpayer shall be entitled to recover reasonable attorney's fees and expenses of litigation incurred in any action brought to compel such interview. (i) Alternate members of boards of equalization. (1) Alternate members of the county board of equalization in the order in which selected shall serve:
(1)(A) As members of the county board of equalization in the event there is a permanent vacancy on the board created by the death, ineligibility, removal from the county, or incapacitating illness of a member or by any other circumstances. An alternate member who fills a permanent vacancy shall be considered a member of the board for the remainder of the unexpired term; or (2)(B) In any appeal with respect to which a member of the board is disqualified and shall be considered a member of the board; or for which an alternate member is selected for service by the appeal administrator. (3) In any appeal at a regularly scheduled or called meeting in the absence of a member and shall be considered a member of the board. (2) A hearing panel shall consist of no more than three members at any time, one of whom shall serve as the presiding member for the purpose of the hearing. (j) Disqualification. (1) No member of the county board of equalization and no hearing officer shall serve with respect to any appeal concerning which he or she would be subject to a challenge for cause if he or she were a member of a panel of jurors in a civil case involving the same subject matter. (2) The parties to an appeal to the county board of equalization or to a hearing officer shall file in writing with the appeal, in the case of the person appealing, or, in the case of the county board of tax assessors, with the certificate transmitting the appeal, questions relating to the disqualification of members of the county board of equalization or hearing officer. Each question shall be phrased so that it can be answered by an affirmative or negative response. The members of the county board of equalization or hearing officer shall, in writing under oath within two days of their receipt of the appeal, answer the questions and any question which may be adopted pursuant to subparagraph (e)(1)(D) of this Code section. Answers of the county board of equalization or hearing officers shall be part of the decision of the board or hearing officer and shall be served on each party by first-class mail. Determination of
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disqualification shall be made by the judge of the superior court upon the request of any party when the request is made within two days of the response of the board or hearing officer to the questions. The time prescribed under subparagraph (e)(6)(A) of this Code section shall be tolled pending the determination by the judge of the superior court. (k) Compensation of board of equalization members. (1) Each member of the county board of equalization shall be compensated by the county per diem for time expended in considering appeals. The compensation shall be paid at a rate of not less than $25.00 per day and shall be determined by the county governing authority. The attendance at required approved appraisal courses shall be part of the official duties of a member of the board, and he or she shall be paid for each day in attendance at such courses and shall be allowed reasonable expenses necessarily incurred in connection with such courses. Compensation pursuant to this subsection paragraph shall be paid from the county treasury upon certification by the member of the days expended in consideration of appeals or attending approved appraisal courses. (2) Each member of the county board of equalization who participates in online training provided by the department shall be compensated by the county at the rate of $25.00 per day for each eight hours of completed training. A member shall certify under oath and file an affidavit with the appeal administrator stating the number of hours required to complete such training and the number of hours which were actually completed. The appeal administrator shall review the affidavit and, following approval thereof, shall notify the county governing authority. The Council of Superior Court Clerks of Georgia shall develop and make available an appropriate form for such purpose. Compensation pursuant to this paragraph shall be paid from the county treasury following approval of the appeal administrator of the affidavit filed under this paragraph. (l) Military service. In the event of the absence of an individual from such individual's residence because of duty in the armed forces, the filing requirements set forth in paragraph (3) of subsection (f) of this Code section shall be tolled for a period of 90 days. During this period, any member of the immediate family of the individual, or a friend of the individual, may notify the tax receiver or the tax commissioner of the individual's absence due to military service and submit written notice of representation for the limited purpose of the appeal. Upon receipt of this notice, the tax receiver or the tax commissioner shall initiate the appeal. (m) Interest. (1) For the purposes of this Code section, any final value that causes a deduction reduction in taxes and creates a refund that is owed to the taxpayer shall be paid by the tax commissioner to the taxpayer, entity, or transferee who paid the taxes within 60 days from the date of the final determination of value. Such refund shall include interest on the amount of the deduction at the same rate specified in Code Section 482-35 which shall accrue from November 15 the due date of the taxable year in
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question or the date the final installment was due or was paid, whichever is later, through the date on which the refund is paid or 60 days from the date of the final determination of value was made, whichever is earlier. In no event shall the amount of such interest exceed $150.00 for homestead property or $5,000.00 for nonhomestead property. Any refund paid after the sixtieth day shall accrue interest from the sixty-first day until paid with interest at the same rate specified in Code Section 48-2-35. The interest accrued after the sixtieth day and forward shall not be subject to the limits imposed by this subsection. The tax commissioner shall pay the tax refund and any interest for the refund from current collections in the same proportion for each of the levying authorities for whom the taxes were collected. (2) For the purposes of this Code section, any final value that causes an increase in taxes and creates an additional billing shall be paid to the tax commissioner as any other tax due along with interest, as specified in Code Section 48-2-35. The tax commissioner shall adjust the tax bill, including interest, within 15 days from the date of the final determination of value and mail the adjusted bill to the taxpayer. Such interest shall accrue from November 15 of the taxable year in question or the final installment of the tax was due through the date on which the bill was adjusted and mailed or 15 days from the date of the final determination, whichever is earlier. The interest computed on the additional billing shall in no event exceed $150.00 for homestead property or $5,000.00 for nonhomestead property. After the tax bill notice has been mailed out, the taxpayer shall be afforded 60 days from the date of the postmark to make full payment of the adjusted bill and interest. Once the 60 day payment period has expired, the bill shall be considered past due and interest shall accrue from the original billing due date as specified in Code Section 48-2-40 without limit until the bill is paid in full. Once past due, all other fees, penalties, and late and collection notices shall apply as prescribed in this chapter for the collection of delinquent taxes. (n) Service of notice. A notice of appeal to a board of tax assessors under subsection (e), (e.1), (f), or (g) of this Code section shall be deemed filed as of the date of the United States Postal Service postmark, receipt of delivery by statutory overnight delivery, or, if the board of tax assessors has adopted a written policy consenting to electronic service, by transmitting a copy to the board of tax assessors via e-mail in portable document format using all e-mail addresses provided by the board of tax assessors and showing in the subject line of the e-mail message the words 'STATUTORY ELECTRONIC SERVICE' in capital letters. Service by mail, statutory overnight delivery, or electronic transmittal is complete upon such service. Proof of service may be made within 45 days of receipt of the annual notice of current assessment under Code Section 48-5-306 to the taxpayer by certificate of the taxpayer, the taxpayer's attorney, or the taxpayer's employee by written admission or by affidavit. Failure to make proof of service shall not affect the validity of service. (o) When a taxpayer authorizes an agent, representative, or attorney in writing to act on the taxpayer's behalf, and a copy of such written authorization is provided to the county
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board of tax assessors, all notices required to be provided to the taxpayer under this Code section, including those regarding hearing times, dates, certifications, notice of changes or corrections, or other official actions, shall instead be provided to such the taxpayer and the authorized agent, representative, or attorney. Upon agreement by the county board of tax assessors and the taxpayer's agent, representative, or attorney, notices required by this Code section to be sent to the taxpayer or the taxpayer's agent, representative, or attorney may be sent by e-mail. The failure to comply with this subsection with respect to a notice required under this Code section shall result in the tolling of any deadline imposed on the taxpayer under this Code section with respect to that notice."
SECTION 9A. Said title is further amended in Code Section 48-5-311, relating to county boards of equalization and ad valorem tax appeals, by repealing and reenacting subsections (f) and (g) and by adding a new subsection to read as follows:
"(f) Nonbinding arbitration. (1) As used in this subsection, the term 'certified appraisal' means an appraisal or appraisal report given, signed, and certified as such by a real property appraiser as classified by the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board. (2) At the option of the taxpayer, an appeal shall be submitted to nonbinding arbitration in accordance with this subsection. (3)(A) Following an election by the taxpayer to use the arbitration provisions of this subsection, an arbitration appeal shall be effected by the taxpayer by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by filing a written notice of arbitration appeal with the county board of tax assessors. The notice of arbitration appeal shall specifically state the grounds for arbitration. The notice shall be filed within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306. Within ten days of receipt of a taxpayer's notice of arbitration appeal, the board of tax assessors shall send to the taxpayer an acknowledgment of receipt of the appeal and a notice that the taxpayer shall, within 45 days of the date of transmittal of the acknowledgment of receipt of the appeal, provide to the county board of tax assessors for consideration a copy of a certified appraisal. Failure of the taxpayer to provide such certified appraisal within such 45 days shall terminate the appeal unless the taxpayer within such 45 day period elects to have the appeal immediately forwarded to the board of equalization. Prior to appointment of the arbitrator and within 45 days of the acknowledgment of the receipt of the appeal, the taxpayer shall provide a copy of the certified appraisal as specified in this paragraph to the county board of tax assessors for consideration. Within 45 days of receiving the taxpayer's certified appraisal, the county board of tax assessors shall either accept the taxpayer's appraisal, in which case that value shall become final, or the county board of tax assessors shall reject the taxpayer's appraisal by sending within ten days of the date of such rejection a written
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notification by certified mail of such rejection to the taxpayer and the taxpayer's attorney of record in compliance with subsection (o) of this Code section, in which case the county board of tax assessors shall certify within 45 days the appeal to the appeal administrator of the county in which the property is located along with any other papers specified by the person seeking arbitration under this subsection, including, but not limited to, the staff information from the file used by the county board of tax assessors. In the event the taxpayer is not notified of a rejection of the taxpayer's appraisal within such ten-day period, the taxpayer's appraisal value shall become final. In the event that the county board of tax assessors neither accepts nor rejects the value set out in the certified appraisal within 45 days after the receipt of the certified appraisal, then the certified appraisal shall become the final value. All papers and information certified to the appeal administrator shall become a part of the record on arbitration. At the time of certification of the appeal, the county board of tax assessors shall serve the taxpayer and the taxpayer's attorney of record in compliance with subsection (o) of this Code section, if any, or employee with a copy of the certification along with any other papers specified by the person seeking arbitration along with the civil action file number assigned to the appeal, if any. Within 15 days of filing the certification to the appeal administrator, the presiding or chief judge of the superior court of the circuit in which the property is located shall issue an order authorizing the arbitration. (B) At any point, the county board of tax assessors and the taxpayer may execute a signed, written agreement establishing the fair market value without entering into or completing the arbitration process. The fair market value as set forth in such agreement shall become the final value. (C) The arbitration shall be conducted pursuant to the following procedure:
(i) The county board of tax assessors shall, at the time the appeal is certified to the appeal administrator under subparagraph (A) of this paragraph, provide to the taxpayer a notice of a meeting time and place to decide upon an arbitrator, to occur within 60 days after the date of sending the rejection of the taxpayer's certified appraisal. Following the notification of the taxpayer of the date and time of the meeting, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the meeting to a date and time acceptable to the taxpayer and the county board of tax assessors. If the parties agree, the matter shall be submitted to a single arbitrator chosen by the parties. If the parties cannot agree on the single arbitrator, the arbitrator may be chosen by the presiding or chief judge of the superior court of the circuit in which the property is located within 30 days after the filing of a petition by either party; (ii) In order to be qualified to serve as an arbitrator, a person shall be classified as a state certified general real property appraiser or state certified residential real property appraiser pursuant to the rules and regulations of the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board and shall have experience or expertise in appraising the type of property that is the subject of the arbitration;
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(iii) The arbitrator, within 30 days after his or her appointment, shall set a time and place to hear evidence and testimony from both parties. The arbitrator shall provide written notice to the parties personally or by registered or certified mail or statutory overnight delivery not less than ten days before the hearing. Such written notice shall advise each party that documents or other written evidence to be presented at the hearing by a party must be provided to the other party not less than seven days prior to the time of the hearing and that any failure to comply with this requirement, unless waived by mutual written agreement of such parties, shall be grounds for a continuance or for exclusion of such documents or other written evidence. The arbitrator, in consultation with the parties, may adjourn or postpone the hearing. Following notification of the taxpayer of the date and time of the hearing, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the hearing to a date and time acceptable to the taxpayer and the county board of tax assessors. The presiding or chief judge of the superior court of the circuit in which the property is located may direct the arbitrator to proceed promptly with the hearing and the determination of the appeal upon application of any party. The hearing shall occur in the county in which the property is located or such other place as may be agreed upon in writing by the parties; (iv) At the hearing, the parties shall be entitled to be heard, to present documents, testimony, and other matters, and to cross-examine witnesses. The arbitrator may hear and determine the controversy upon the documents, testimony, and other matters produced notwithstanding the failure of a party duly notified to appear; (v) The arbitrator shall maintain a record of all pleadings, documents, testimony, and other matters introduced at the hearing. The arbitrator or any party to the proceeding may have the proceedings transcribed by a court reporter; (vi) The provisions of this paragraph may be waived at any time by written consent of the taxpayer and the board of tax assessors; (vii) At the conclusion of the hearing, the arbitrator shall render a decision regarding the fair market value of the property subject to nonbinding arbitration; (viii) In order to determine the fair market value, the arbitrator may consider the final value for the property submitted by the county board of tax assessors at the hearing and the final value submitted by the taxpayer at the hearing. The taxpayer shall be responsible for the cost of any appraisal by the taxpayer's appraiser; (ix) The arbitrator shall consider the final value submitted by the county board of tax assessors, the final value submitted by the taxpayer, and evidence supporting the values submitted by the county board of tax assessors and the taxpayer. The arbitrator shall determine the fair market value of the property under appeal. The arbitrator shall notify both parties of the decision verbally and shall either send both parties the decision in writing or deliver the decision by hand to each party, with written receipt; (x) If the taxpayer's value is closest to the fair market value determined by the arbitrator, the county shall be responsible for the fees and costs of such arbitrator.
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If the value of the board of tax assessors is closest to the fair market value determined by the arbitrator, the taxpayer shall be responsible for the fees and costs of such arbitrator; and (xi) The board of tax assessors shall have the burden of proving its opinion of value and the validity of its proposed assessment by a preponderance of evidence. (4) If the county's tax bills are issued before an arbitrator has rendered his or her decision on property which is on appeal, a temporary tax bill shall be issued in the same manner as otherwise required under division (e)(6)(D)(iii) of this Code section. (5) Upon determination of the final value, the temporary tax bill shall be adjusted as required under division (e)(6)(D)(iii) of this Code section. (g) Appeals to the superior court. (1) The taxpayer or the county board of tax assessors may appeal decisions of the county board of equalization, hearing officer, or arbitrator, as applicable, to the superior court of the county in which the property lies. By mutual written agreement, the taxpayer and the county board of tax assessors may waive an appeal to the county board of equalization and initiate an appeal under this subsection. A county board of tax assessors shall not appeal a decision of the county board of equalization, arbitrator, or hearing officer, as applicable, changing an assessment by 20 percent or less unless the board of tax assessors gives the county governing authority a written notice of its intention to appeal, and, within ten days of receipt of the notice, the county governing authority by majority vote does not prohibit the appeal. In the case of a joint city-county board of tax assessors, such notice shall be given to the city and county governing authorities, either of which may prohibit the appeal by majority vote within the allowed period of time. (2) An appeal by the taxpayer as provided in paragraph (1) of this subsection shall be effected by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by mailing to or filing with the county board of tax assessors a written notice of appeal. An appeal by the county board of tax assessors shall be effected by giving notice to the taxpayer. The notice to the taxpayer shall be dated and shall contain the name and the last known address of the taxpayer. The notice of appeal shall specifically state the grounds for appeal. The notice shall be mailed or filed within 30 days from the date on which the decision of the county board of equalization, hearing officer, or arbitrator is delivered pursuant to subparagraph (e)(6)(D), paragraph (7) of subsection (e.1), or division (f)(3)(C)(ix) of this Code section. Within 45 days of receipt of a taxpayer's notice of appeal and before certification of the appeal to the superior court, the county board of tax assessors shall send to the taxpayer notice that a settlement conference, in which the county board of tax assessors and the taxpayer shall confer in good faith, will be held at a specified date and time which shall be no later than 30 days from the notice of the settlement conference, and notice of the amount of the filing fee, if any, required by the clerk of the superior court. The taxpayer may exercise a one-time option to reschedule the settlement conference to a different date and time acceptable to the taxpayer, but in no event later than 30 days from the date of the notice. If at the end
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of the 45 day review period the county board of tax assessors elects not to hold a settlement conference, then the appeal shall terminate and the taxpayer's stated value shall be entered in the records of the board of tax assessors as the fair market value for the year under appeal and the provisions of subsection (c) of Code Section 48-5-299 shall apply to such value. If the taxpayer chooses not to participate in the settlement conference, he or she may not seek and shall not be awarded fees and costs at such time when the appeal is settled in superior court. If at the conclusion of the settlement conference the parties reach an agreement, the settlement value shall be entered in the records of the county board of tax assessors as the fair market value for the tax year under appeal and the provisions of subsection (c) of Code Section 48-5-299 shall apply to such value. If at the conclusion of the settlement conference the parties cannot agree on a fair market value, then written notice shall be provided to the taxpayer that the filing fees must be paid by the taxpayer to the clerk of the superior court within ten days of the date of the conference, with a copy of the check delivered to the county board of tax assessors. Notwithstanding any other provision of law to the contrary, the amount of the filing fee for an appeal under this subsection shall be $25.00. An appeal under this subsection shall not be subject to any other fees or additional costs otherwise required under any provision of Title 15 or under any other provision of law. Immediately following payment of such $25.00 filing fee by the taxpayer to the clerk of the superior court, the clerk shall remit the proceeds thereof to the governing authority of the county which shall deposit the proceeds into the general fund of the county. Within 30 days of receipt of proof of payment to the clerk of the superior court, the county board of tax assessors shall certify to the clerk of the superior court the notice of appeal and any other papers specified by the person appealing including, but not limited to, the staff information from the file used by the county board of tax assessors, the county board of equalization, the hearing officer, or the arbitrator. All papers and information certified to the clerk shall become a part of the record on appeal to the superior court. At the time of certification of the appeal, the county board of tax assessors shall serve the taxpayer and his or her attorney of record, if any, with a copy of the notice of appeal and with the civil action file number assigned to the appeal. Such service shall be effected in accordance with subsection (b) of Code Section 9-11-5. No discovery, motions, or other pleadings may be filed by the county board of tax assessors in the appeal until such service has been made. (3) The appeal shall constitute a de novo action. The board of tax assessors shall have the burden of proving its opinions of value and the validity of its proposed assessment by a preponderance of evidence. Upon a failure of the board of tax assessors to meet such burden of proof, the court may, upon motion or sua sponte, authorize the finding that the value asserted by the board of tax assessors is unreasonable and authorize the determination of the final value of the property.
(4)(A) The appeal shall be placed on the court's next available jury or bench trial calendar, at the taxpayer's election, following the filing of the appeal unless continued by the court. If only questions of law are presented in the appeal, the appeal shall be heard as soon as practicable before the court sitting without a jury.
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Each hearing before the court sitting without a jury at the taxpayer's election shall be held within 30 days following the date on which the appeal is filed with the clerk of the superior court.
(B)(i) The county board of tax assessors shall use the valuation of the county board of equalization, the hearing officer, or the arbitrator, as applicable, in compiling the tax digest for the county.
(ii)(I) If the final determination of value on appeal is less than the valuation thus used, the tax commissioner shall be authorized to adjust the taxpayer's tax bill to reflect the final value for the year in question. (II) If the final determination of value on appeal causes a reduction in taxes and creates a refund that is owed to the taxpayer, it shall be paid by the tax commissioner to the taxpayer, entity, or transferee who paid the taxes with interest, as provided in subsection (m) of this Code section. (III) If the final determination of value on appeal is 85 percent or less of the valuation set by the county board of equalization, hearing officer, or arbitrator as to any real property, the taxpayer, in addition to the interest provided for in subsection (m) of this Code section, shall recover costs of litigation and reasonable attorney's fees incurred in the action. Any appeal of an award of attorney's fees by the county shall be specifically approved by the governing authority of the county. (iii) If the final determination of value on appeal is greater than the valuation set by the county board of equalization, hearing officer, or arbitrator, as applicable, causes an increase in taxes, and creates an additional billing, it shall be paid to the tax commissioner as any other tax due along with interest, as provided in subsection (m) of this Code section. (g.1) The provisions in subsection (c) of Code Section 48-5-299 shall apply to the valuation, unless otherwise waived in writing by both parties, as to: (1) The valuation established or announced by any county board of equalization, arbitrator, hearing officer, or superior court; and (2) Any written agreement or settlement of valuation reached by the county board of tax assessors and the taxpayer as permitted by this Code section."
SECTION 10. Said title is further amended in Code Section 48-5-345, relating to county tax digests and deviations from certain assessment ratio, by revising paragraph (1) of subsection (a) and by adding a new subsection to read as follows:
"(a)(1) Upon the determination by the commissioner that a county tax digest is in proper form, that the property therein that is under appeal is within the limits of Code Section 48-5-304, and that the digest is accompanied by all documents, statistics, and certifications required by the commissioner, including the number, overall value and percentage of total real property parcels of appeals in each county to the boards of equalization, arbitration, hearing officer, and superior court, and the number of taxpayers' failure to appear at any hearing, for the prior tax year, the commissioner
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shall issue a receipt for the digest and enter an order authorizing the use of said digest for the collection of taxes. All statistics and certifications regarding real property appeals provided to the commissioner under this paragraph shall be made publicly available on the Department of Revenue website." "(c) Beginning with tax digests on or after the effective date of this subsection, no county shall be subject to the assessment authorized by subparagraph (b) of this Code section."
SECTION 11. Said title is further amended by revising subsection (a) of Code Section 48-5-405, relating to the levy and collection of tax by municipalities for independent school systems, as follows:
"(a) Each municipality authorized by law to maintain an independent school system may support and maintain the public common schools within the independent school system by levy of ad valorem taxes at the rate fixed by law upon all taxable property within the limits of the municipality independent school system. The board of education of the municipality or other authority charged with the duty of operating the independent school system shall annually recommend to the governing authority of the municipality the rate of the tax levy, within the limitations fixed by law, to be made upon all taxable property within the limits of the municipality independent school system. Taxes levied and collected for support and maintenance of the independent school system by the municipal governing authority shall be appropriated, when collected, by the governing authority to the board of education or other authority charged with the duty of operating the independent school system. Funds appropriated to an independent school system shall be expended by the board of education or other authority charged with the duty of operating the independent school system only for educational purposes including, but not limited to, school lunch purposes. The term 'school lunch purposes' shall include payment of costs and expenses incurred in the purchase of school lunchroom supplies; the purchase, replacement, or maintenance of school lunchroom equipment; the transportation, storage, and preparation of foods; and all current operating expenses incurred in the management and operation of school lunch programs in the public common schools of the independent school system. 'School lunch purposes' shall not include the purchase of foods."
SECTION 12. Said title is further amended by revising Code Section 48-5-492, relating to issuance of mobile home location permits, as follows:
"48-5-492. (a) Each year every owner of a mobile home subject to taxation under this article shall obtain on or before May April 1 from the tax collector or tax commissioner of the county of taxation of the mobile home a mobile home location permit. The issuance of the permit by the tax collector or tax commissioner shall be evidenced by the issuance of a decal, the color of which shall be prescribed for each year by the commissioner.
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Each decal shall reflect the county of issuance and the calendar year for which the permit is issued. The decal shall be prominently attached and displayed on the mobile home by the owner. (b) Except as provided for mobile homes owned by a dealer, no mobile home location permit shall be issued by the tax collector or tax commissioner until all ad valorem taxes due on the mobile home have been paid. Each year every owner of a mobile home situated in this state on January 1 which is not subject to taxation under this article shall obtain on or before May April 1 from the tax collector or tax commissioner of the county where the mobile home is situated a mobile home location permit. The issuance of the permit shall be evidenced by the issuance of a decal which shall reflect the county of issuance and the calendar year for which the permit is issued. The decal shall be prominently attached and displayed on the mobile home by the owner."
SECTION 13. Said title is further amended in Code Section 48-5-493, relating to penalties for failure to attach and display certain decals, by revising paragraph (2) of subsection (a) as follows:
"(2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $25.00 $100.00 nor more than $200.00 $300.00, except that upon receipt of proof of purchase of a decal prior to the date of the issuance of a summons, the fine shall be $25.00 $50.00; provided, however, that in the event such person owns more than one mobile home in an individual mobile home park, then the maximum fine under this paragraph for such person with respect to such mobile home park shall not exceed $1,000.00."
SECTION 14. Said title is further amended by revising Code Section 48-5-494, relating to mobile home tax returns and decal application and issuance, as follows:
"48-5-494. Each year every owner of a mobile home subject to taxation under this article shall return the mobile home for taxation and shall pay the taxes due on the mobile home at the time the owner applies for the mobile home location permit, or at the time of the first sale or transfer of the mobile home after December 31, or on May April 1, whichever occurs first. If the owner returns such owner's mobile home for taxation prior to the date that the application for the mobile home location permit is required, such owner shall apply for the permit at the time such owner returns the mobile home for taxation."
SECTION 15. Said title is further amended in Code Section 48-6-2, relating to real estate transfer tax exemptions, by revising subsection (b) as follows:
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"(b) In order to exercise any exemption provided in this Code section, the total consideration of the transfer shall be shown for real and personal property conveyed shall be shown on the form prescribed in subsection (c) of Code Section 48-6-4."
SECTION 16. Said title is further amended in Code Section 48-6-4, relating to real estate transfer tax payment as certain filing prerequisites, by revising subsections (a), (b), and (c) as follows:
"(a) It is the intent of the General Assembly that the tax imposed by this article be paid to the clerk of the superior court or his or her deputy, and that the actual consideration of real and personal property conveyed shall be shown separately on the form prescribed in subsection (c) of this Code section, prior to and as a prerequisite to the filing for record of any deed, instrument, or other writing described in Code Section 486-1. (b) No deed, instrument, or other writing described in Code Section 48-6-1 shall be filed for record or recorded in the office of the clerk of the superior court or filed for record or recorded in or on any other official record of this state or of any county until the tax imposed by this article has been paid and until the actual consideration of real and personal property conveyed has been shown separately on the form prescribed in subsection (c) of this Code section; provided, however, that any such deed, instrument, or other writing filed or recorded which would otherwise constitute constructive notice shall constitute such notice whether or not such tax was in fact paid. (c) The amount of tax to be paid on a deed, instrument, or other writing shall be determined on the basis of written disclosure of the actual consideration or value of the interest in the property granted, assigned, transferred, or otherwise conveyed. The disclosure of the amount of tax and the actual consideration shall be made on a form or in electronic format prescribed by the commissioner and provided by the clerk of the superior court. By the fifteenth day of the month following the month the deed, instrument, or other writing is recorded, a physical or electronic copy of each disclosure shall be forwarded or made available electronically to the state auditor and to the tax commissioner and the board of tax assessors in the county where the deed, instrument, or other writing is recorded."
SECTION 17. (a) Section 9A, Section 11, this section, and Section 18 of this Act shall become effective on July 1, 2015. (b) Section 10 of this Act shall become effective on January 1, 2017. (c) The remaining sections of this Act shall become effective on January 1, 2016, and Sections 6 and 9 of this Act shall be applicable to all appeals filed on or after such date.
SECTION 18. All laws and parts of laws in conflict with this Act are repealed.
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Representative Battles of the 15th moved that the House disagree to the Senate substitute to HB 202.
The motion prevailed.
HB 131. By Representatives Dickerson of the 113th, Drenner of the 85th, Waites of the 60th, Thomas of the 56th and Jones of the 53rd:
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 prohibit cyberbullying; to provide for related matters; to provide for a short title; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 20-2-751.4 of the O.C.G.A., relating to policies in public schools prohibiting bullying, so as to include acts of bullying through the use of electronic communication; to provide for related matters; to provide for a short title; 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. This Act shall be known and may be cited as "The End to Cyberbullying Act."
SECTION 2. Code Section 20-2-751.4 of the O.C.G.A., relating to policies in public schools prohibiting bullying, is amended by revising subsection (a) as follows:
"(a) As used in this Code section, the term 'bullying' means an act, including an act through the use of electronic communication, which occurs on school property, on school vehicles, at designated school bus stops, or at school related functions or activities, or by use of data or software that is accessed through a computer, computer system, computer network, or other electronic technology of a local school system, that is:
(1) Any willful attempt or threat to inflict injury on another person, when accompanied by an apparent present ability to do so; (2) Any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm; or
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(3) Any intentional written, verbal, or physical act which a reasonable person would perceive as being intended to threaten, harass, or intimidate, that:
(A) Causes another person substantial physical harm within the meaning of Code Section 16-5-23.1 or visible bodily harm as such term is defined in Code Section 16-5-23.1; (B) Has the effect of substantially interfering with a student's education; Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or (D) Has the effect of substantially disrupting the orderly operation of the school. The term applies to acts which occur on school property, on school vehicles, at designated school bus stops, or at school related functions or activities or by use of data or software that is accessed through a computer, computer system, computer network, or other electronic technology of a local school system. For purposes of this Code Section, electronic communication includes but not limited to any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall apply to conduct on or after that date, and conduct prior to that date shall continue to be governed by prior law.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Dudgeon of the 25th, Dickerson of the 113th, and Coleman of the 97th offer the following amendment:
Amend the Senate Committee substitute to HB 131 (HB 131/SCSFA/2) by striking from lines 11 and 12 the following: , including an act through the use of electronic communication,
By inserting after "system." on line 32 the following: The term also applies to acts of cyberbullying which occur through the use of electronic communication, whether or not such electronic act originated on school property or with school equipment, if the electronic communication (1) is directed specifically at students or school personnel, (2) is maliciously intended for the purpose of threatening the safety of those specified or substantially disrupting the orderly operation of the school, and (3) creates a reasonable fear of harm to the students' or school personnel's person or property or has a high likelihood of succeeding in that purpose.
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By striking "" on line 26 and inserting in its place "(c)".
By inserting the word "is" after the word "but" on line 33.
Representative Dickerson of the 113th moved that the House agree to the Senate substitute, as amended by the House, to HB 131.
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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M N Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Coomer Y Cooper Y Corbett E 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon N Gravley Y Greene Y Hamilton
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins Y Henson N Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S
Jordan Y Kaiser N Kelley Y Kendrick Y Kidd N Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin N Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett N Quick N Raffensperger Y Rakestraw
Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch Y Weldon N Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E
Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 150, nays 22.
The motion prevailed.
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HB 253. By Representatives Ballinger of the 23rd, Benton of the 31st, Harrell of the 106th, Teasley of the 37th, Maxwell of the 17th and others:
A BILL to be entitled an Act to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to change certain provisions relating to requirements for the establishment and maintenance of a real estate appraisal management company; 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 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to change certain provisions relating to requirements for the establishment and maintenance of a real estate appraisal management company; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, is amended by revising subsection (e) of Code Section 43-39A-14.1, relating to requirements for the establishment and maintenance of a real estate appraisal management company, as follows:
"(e) An appraisal management company shall not pay any fees to an appraiser performing or attempting to perform any real estate appraisal activity in a federally related transaction without complying with the rules and regulations adopted by the board to regulate such transactions in accordance with 15 U.S.C. Section 1601, et seq., and the regulations promulgated thereunder and the standards required by the federal financial institutions regulatory agency that regulates the financial transaction for which the appraisal assignment is undertaken, including, but not limited to, compensation to appraisers that is customary and reasonable for appraisals being performed for one- to four-family residential units in the market area of the property being appraised. An appraisal management company shall separately state to the client the fees paid to an appraiser for appraisal services and the fees charged by the appraisal management company for services associated with the management of the appraisal process, including procurement of the appraiser's services."
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SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Ballinger of the 23rd moved that the House agree to the Senate substitute to HB 253.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin
Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett E 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw
Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 172, nays 0.
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The motion prevailed.
HB 452. By Representatives Ballinger of the 23rd, Efstration of the 104th, Fleming of the 121st, Powell of the 32nd, Golick of the 40th and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the Family Violence and Stalking Protective Order Registry, so as to provide for registration of pretrial release orders that prohibit contact with others issued in this state and in foreign courts; to revise the short title; to revise definitions; to provide for conforming references to the defined terms; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Article 4 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the Family Violence and Stalking Protective Order Registry, so as to provide for registration of pretrial release orders that prohibit contact with others issued in this state and in foreign courts; to revise the short title; to revise definitions; to provide for conforming references to the defined terms; 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 13 of Title 19 of the Official Code of Georgia Annotated, relating to the Family Violence and Stalking Protective Order Registry, is amended by revising Code Section 19-13-50, relating to the short title, as follows:
"19-13-50. This article shall be known and may be cited as the 'Family Violence and Stalking 'Protective Order Registry Act.'"
SECTION 2. Said article is further amended by revising paragraphs (3), (5), and (7) of Code Section 19-13-51, relating to definitions, as follows:
"(3) 'Foreign protective order' means any temporary protective order of protection, protective order of protection, restraining order, or injunction, pretrial release order, or sentencing order that prohibits contact, acts of family violence, or stalking or both issued by a foreign court of competent jurisdiction in another state, territory, or tribal jurisdiction in the United States."
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"(5) 'Modification' means any amendment, dismissal, or continuance of a protective order." "(7) 'Protective order' means any:
(A) An ex parte, temporary, six-month, permanent order, or restraining, pretrial release, or sentencing order issued by a judge in this state that prohibits contact or that is pursuant to Code Sections 16-5-90 through 16-5-94 Article 7 of Chapter 5 of Title 16 or this chapter; and also where appropriate in this context includes a (B) A foreign protective order."
SECTION 3. Said article is further amended by revising Code Section 19-13-52, relating to the purpose of the registry, maintenance, access to information, and linking to National Crime Information Center Network, as follows:
"19-13-52. (a) The Georgia Protective Order Registry shall be created to serve as a state-wide, centralized data base for state-wide the collection of protective orders issued pursuant to Code Sections 16-5-90 through 16-5-94 and this chapter. The registry is intended to enhance victim safety by providing law enforcement officers, prosecuting attorneys, and the courts access to protective orders issued by the courts of this state and foreign courts 24 hours of the day and seven days of the week. Access to the registry is intended to aid law enforcement officers, prosecuting attorneys, and the courts in the enforcement of protective orders and the protection to victims of stalking and family violence. (b) The registry shall be maintained by the Georgia Crime Information Center. The Georgia Commission on Family Violence may consult with the Georgia Crime Information Center regarding the effectiveness of the registry in enhancing the safety of victims of domestic violence and stalking. (c) The registry shall include a complete and systematic record and index of all valid protective orders and modifications thereof. Law enforcement officers and the courts shall have access to the registry. (d) The registry shall be linked to the National Crime Information Center Network, and protective orders or modifications thereof entered in the registry shall be immediately transmitted to this such network."
SECTION 4. Said article is further amended by revising subsections (c) and (e) of Code Section 19-1353, relating to standardized forms, timing of transmission of information and data entry, and the responsibility of sheriff's office, as follows:
"(c) The Georgia Crime Information Center shall ensure that any protective order or modification thereof is entered in the registry within 24 hours of receipt of the protective order or modification thereof from the clerk of court. The inability to enter information for all data fields in the registry shall not delay the entry of available information."
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"(e) The entry of a protective order in the registry shall not be a prerequisite for enforcement of a valid protective order."
SECTION 5.
Said article is further amended by revising subsection (a) of Code Section 19-13-54, relating to foreign protective orders, as follows:
"(a) A petitioner who obtains a valid foreign protective order may file that order by filing a certified copy of the foreign protective order with any clerk of court of the superior court in this state."
SECTION 6.
Said article is further amended by revising subsection (a) of Code Section 19-13-56, relating to liability of court or law enforcement personnel, as follows:
"(a) The state and any local or state law enforcement officer, court official, or official of the registry shall be held harmless for any delay or failure to file a protective order or modification thereof, to transmit information contained in a protective orders order or modification thereof, or to enter such information in the registry."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Representative Ballinger of the 23rd moved that the House agree to the Senate substitute to HB 452.
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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler
Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England
Epps Y Evans
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B.
Jones, L Y Jones, S Y Jordan Y Kaiser
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner
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Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Waites Y Watson
Welch Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Yates Ralston, Speaker
On the motion, the ayes were 169, nays 0.
The motion prevailed.
HB 263. By Representatives Coomer of the 14th, Nimmer of the 178th, Dickey of the 140th, Rogers of the 10th, Golick of the 40th and others:
A BILL to be entitled an Act to amend Chapter 6A of Title 35, Chapter 11 of Title 15, and Title 49 of the O.C.G.A., relating to the Criminal Justice Coordinating Council, the Juvenile Code, and social services, respectively, so as to provide for an advisory board to the council for juvenile justice issues; to amend Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, so as to remove the responsibility and duties of the Department of Human Resources for such shelters and require the Criminal Justice Coordinating Council to have such responsibility and duties; 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 6A of Title 35, Chapter 11 of Title 15, Article 2 of Chapter 13 of Title 19, and Title 49 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, the Juvenile Code, family violence shelters, and social services, respectively, so as to allow the Criminal Justice Coordinating Council to receive and distribute federal Department of Justice grants; to provide for an advisory board to the council for juvenile justice issues; to provide for the membership of the board; to provide for the board's duties; to provide that certain entities and agencies share information with the council; to remove the responsibility and duties of the Department
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of Human Resources for such shelters and require the Criminal Justice Coordinating Council to have such responsibility and duties; to change provisions relating to the Roosevelt Warm Springs Institute for Rehabilitation; 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 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, is amended by revising Code Section 35-6A-7, relating to the functions and the authority of the council, as follows:
"35-6A-7. The council is vested with the following functions and authority:
(1) To cooperate with and secure cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this chapter; (2) To prepare, publish in print or electronically, and disseminate fundamental criminal justice information of a descriptive and analytical nature to all components of the criminal justice system of this state, including law enforcement agencies, the courts, juvenile justice agencies, and correctional agencies; (3) To serve as the state-wide clearing-house for criminal justice information and research; (4) To maintain a research program in order to identify and define significant criminal justice problems and issues and effective solutions and to publish in print or electronically special reports as needed; (5) In coordination and cooperation with all components of the criminal justice system of this state, to develop criminal justice legislative proposals and executive policy proposals reflective of the priorities of the entire criminal justice system of this state; (6) To serve in an advisory capacity to the Governor on issues impacting the criminal justice system of this state; (7) To coordinate high visibility criminal justice research projects and studies with a state-wide impact, which studies and projects cross traditional system component lines; (8) To convene periodically state-wide criminal justice conferences involving key executives in the criminal justice system of this state and elected officials for the purpose of developing, prioritizing, and publicizing a policy agenda for the criminal justice system of this state; (9) To provide for the interaction, communication, and coordination of all components of the criminal justice system of this state for the purpose of improving this state's response to crime and its effects; (10) To administer gifts, grants, and donations for the purpose of carrying out this chapter;
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(11) To promulgate rules governing the approval of victim assistance programs as provided for in Article 8 of Chapter 21 of Title 15; and (12) To supervise the preparation, administration, and implementation of the threeyear juvenile justice plan as provided by this chapter; and (12)(13) To 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 2. Said chapter is further amended by adding two new Code sections to read as follows:
"35-6A-11. (a) There is established an advisory board to the council which shall consist of at least 15 and not more than 33 members appointed by the Governor who have training, experience, or special knowledge concerning the prevention and treatment of juvenile delinquency, the administration of juvenile justice, or the reduction of juvenile delinquency and shall be composed of:
(1) At least three members of the council, two of whom are not full-time government employees or elected officials; (2) At least one locally elected official representing general purpose local government; (3) Representatives of law enforcement and juvenile justice agencies, including juvenile and family court judges, prosecuting attorneys, attorneys for children and youth, and probation workers; (4) Representatives of public agencies concerned with delinquency prevention or treatment, such as welfare, social services, mental health, education, special education, recreation, and youth services; (5) Representatives of private nonprofit organizations, including individuals with a special focus on preserving and strengthening families, parent groups and parent selfhelp groups, youth development, delinquency prevention and treatment, neglected or dependent children, the quality of juvenile justice, education, and social services for children; (6) Volunteers who work with delinquent children or potential delinquent children; (7) Youth workers involved with programs that are alternatives to incarceration, including programs providing organized recreation activities; (8) Individuals with special experience and competence in addressing problems related to school violence and vandalism and alternatives to suspension and expulsion; and (9) Individuals with special experience and competence in addressing problems related to learning disabilities, emotional difficulties, child abuse and neglect, and youth violence. (b)(1) A majority of the members of the advisory board, including the chairperson, shall not be full-time employees of the federal, state, or local government. (2) At least one-fifth of the members of the advisory board shall be under 24 years of age at the time of their appointment.
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(3) At least three members shall have been or shall currently be under the jurisdiction of the juvenile justice system of this state. (c) Membership on the advisory board shall not constitute public office and no member shall be disqualified from holding public office by reason of his or her membership. (d) The advisory board shall elect a chairperson from among its membership who must also be a member of the council. The advisory board may elect such other officers and committees as it considers appropriate. (e) Members of the advisory board shall serve without compensation, although each member of the advisory board shall be reimbursed for actual expenses incurred in the performance of his or her duties from funds available to the office. Such reimbursement shall be limited to all travel and other expenses necessarily incurred through service on the advisory board, in compliance with this state's travel rules and regulations. However, in no case shall a member of the advisory board be reimbursed for expenses incurred in the member's capacity as the representative of another state agency.
35-6A-12. The advisory board shall:
(1) Meet at such times and places as it shall determine necessary or convenient to perform its duties. The advisory board shall also meet on the call of the chairperson, the director of the council, the chairperson of the council, or the Governor; (2) Maintain minutes of its meetings; (3) Participate in the development and review of this state's juvenile justice plan prior to submission to the council for final action; (4) Be afforded the opportunity to review and comment, not later than 30 days after their submission to the advisory board, on all juvenile justice and delinquency prevention grant applications submitted to the council; (5) Using the combined expertise and experience of its members, provide regular advice and counsel to the director of the council to enable the council to carry out its statutory duties under this article; and (6) Carry out such duties that may be required by federal law or regulation so as to enable this state to receive and disburse federal funds for juvenile delinquency prevention and treatment."
SECTION 3. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile Code, is amended by revising subsection (f) of Code Section 15-11-504, relating to place of detention and data on child detained, as follows:
"(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, by the Criminal Justice Coordinating Council, by the Administrative Office of the Courts, and
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by the Council of Juvenile Court Judges. Such data shall be used by the inspecting agency for official purposes and shall not be subject to release by such agency pursuant to Article 4 of Chapter 18 of Title 50, nor subject to subpoena. 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."
SECTION 4. Said chapter is further amended by revising subsection (d) of Code Section 15-11-704, relating to public inspection of court files and records, as follows:
"(d) A judge shall permit authorized representatives of DJJ, the Governor's Office for Children and Families, the Criminal Justice Coordinating Council, the Administrative Office of the Courts, 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. Such data shall be used by the inspecting agency for official purposes and shall not be subject to release by such agency pursuant to Article 4 of Chapter 18 of Title 50, nor subject to subpoena."
SECTION 5. Said chapter is further amended by revising subsection (d) of Code Section 15-11-708, relating to separation of juvenile and adult records for law enforcement, as follows:
"(d) The court shall allow authorized representatives of DJJ, the Governor's Office for Children and Families, the Criminal Justice Coordinating Council, the Administrative Office of the Courts, and the Council of Juvenile Court Judges to inspect and copy law enforcement records for the purpose of obtaining statistics on children. Such data shall be used by the inspecting agency for official purposes and shall not be subject to release
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by such agency pursuant to Article 4 of Chapter 18 of Title 50, nor subject to subpoena."
SECTION 6. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising paragraph (3) of subsection (b) of Code Section 49-4A-2, relating to the duties and responsibilities of the Board of Juvenile Justice, as follows:
"(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, the Criminal Justice Coordinating Council, and the Council of Juvenile Court Judges and ensure that such instruments are validated at least every five years;"
SECTION 7. Said title is further amended by revising subsection (n) of Code Section 49-4A-8, relating to commitment of delinquent children and records, as follows:
"(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, the Criminal Justice Coordinating Council, and public and private agencies in the collection of statistics and information regarding:
(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; (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
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(N) Other information useful in determining the amount and causes of juvenile delinquency in this state. (2) In order to facilitate the collection of 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."
SECTION 8. Said title is further amended by revising subsection (b) of Code Section 49-5-155, relating to the effect of Article 6 on the Department of Juvenile Justice office as recipient entity for federal grants, as follows:
"(b) Other than the Department of Juvenile Justice, the Governor's Office for Children and Families created pursuant to Code Section 49-5-132 and the Criminal Justice Coordinating Council shall be the only other authorized controlling recipient entity for grants under the United States Department of Justice Juvenile Justice Delinquency and Prevention Grants."
SECTION 9. Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, is amended by revising paragraphs (1) and (5) of Code Section 19-13-20, relating to definitions, as follows:
"(1) 'Council' means the Criminal Justice Coordinating Council. 'Department' means the Department of Human Services." "(5) 'Family violence shelter' means a facility approved by the department council 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 15-11-504."
SECTION 10. Said article is further amended by revising Code Section 19-13-21, relating to the powers and duties of the department, as follows:
"19-13-21. (a) It shall be the duty of the department council:
(1) To establish minimum standards for an approved family violence shelter to enable such shelter to receive state funds; (2) To receive applications for the development and establishment of family violence shelters; (3) To approve or reject each application within 60 days of receipt of the application; (4) To distribute funds to an approved shelter as funds become available; (5) To fund other family violence programs as funds become available, provided that such programs meet standards established by the department council; and
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(6) To evaluate annually each family violence shelter for compliance with the minimum standards. (b) Without using designated shelter funds, the department council may: (1) Formulate and conduct a research and evaluation program on family violence and cooperate with and assist and participate in programs of other properly qualified agencies, including any agency of the federal government, schools of medicine, hospitals, and clinics, in planning and conducting research on the prevention of family violence and the care, treatment, and rehabilitation of persons engaged in or subject to family violence; (2) Serve as a clearing-house for information relating to family violence; (3) Carry on educational programs on family violence for the benefit of the general public, persons engaged in or subject to family violence, professional persons, or others who care for or may be engaged in the care and treatment of persons engaged in or subject to family violence; and (4) Enlist the assistance of public and voluntary health, education, welfare, and rehabilitation agencies in a concerted effort to prevent family violence and to treat persons engaged in or subject to family violence."
SECTION 11. Said article is further amended by revising Code Section 19-13-22, relating to eligibility for licensing and funding, as follows:
"19-13-22. (a) In order to be approved and funded under this article, each shelter shall:
(1) Provide a facility which will serve as a shelter to receive or house persons who are family violence victims; (2) Receive the periodic written endorsement of local law enforcement agencies; (3) Receive a minimum of 25 percent of its funding from other sources. Contributions in kind, whether materials, commodities, transportation, office space, other types of facilities, or personal services, may be evaluated and counted as part of the required local funding; and (4) Meet the minimum standards of the department council for approving family violence shelters; provided, however, that facilities not receiving state funds shall not be required to be approved. (b) The department council shall provide procedures whereby local organizations may apply for approval and funding. Any local agency or organization may apply to participate. (c) Each approved family violence shelter shall be designated to serve as a temporary receiving facility for the admission of persons subject to family violence. Each shelter shall refer such persons and their spouses to any public or private facility, service, or program providing treatment or rehabilitation services, including, but not limited to, the prevention of such violence and the care, treatment, and rehabilitation of persons engaged in or subject to family violence.
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(d) Family violence shelters and family violence programs may be established throughout the state as private, local, state, or federal funds are available. Any county or municipality in this state is authorized to make grants of county or municipal funds, respectively, to any family violence center approved as such in accordance with the minimum standards of the department council. (e) The family violence shelters shall establish procedures pursuant to which persons subject to family violence may seek admission to these shelters on a voluntary basis. (f) Each family violence shelter shall have a board composed of at least three citizens, one of whom shall be a member of a local, municipal, or county law enforcement agency."
SECTION 12.
Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising paragraph (1) of subsection (a) of Code Section 49-9-4, relating to the creation of the Georgia Vocational Rehabilitation Agency, and by adding a new subsection to read as follows:
"(a)(1) The Georgia Vocational Rehabilitation Agency is created and established to perform the functions and assume the duties, powers, and authority exercised on June 30, 2012, by the Division of Rehabilitation Services within the Department of Labor including the disability adjudication section and the Roosevelt Warm Springs Institute for Rehabilitation, and such division shall be reconstituted as the Georgia Vocational Rehabilitation Agency effective July 1, 2012." "(l) The duties, powers, and authority to manage and operate the long-term acute care and the inpatient rehabilitation hospitals at the Roosevelt Warm Springs Institute for Rehabilitation shall be transferred to the Board of Regents of the University System of Georgia effective July 1, 2015, and the remaining duties, powers, and authority to manage and operate the Roosevelt Warm Springs Institute for Rehabilitation shall remain vested with the Georgia Vocational Rehabilitation Agency."
SECTION 13. All laws and parts of laws in conflict with this Act are repealed.
Representative Coomer of the 14th moved that the House agree to the Senate substitute to HB 263.
On the motion, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson Y Atwood
Ballinger Y Barr Y Battles
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R
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Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin
Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw
Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge
Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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.
HB 225. By Representatives Powell of the 32nd, Dunahoo of the 30th, Carson of the 46th, Rutledge of the 109th, Hitchens of the 161st and others:
A BILL to be entitled an Act to amend Titles 36 and 40 of the Official Code of Georgia Annotated, relating to local government and motor vehicles and traffic, respectively, so as to provide for definitions; to require all for-hire drivers to obtain a for-hire license endorsement before driving for hire; to require that all for-hire drivers have certain insurance; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
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To regulate transportation for hire; to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding provisions applicable to counties and municipal corporations, so as to preserve existing certificates of public necessity and convenience and medallion systems for taxicabs and to restrict the future use thereof; to provide that operators of taxicabs have for-hire license endorsements; to prohibit the staging of certain vehicles; to provide certain insurance requirements for taxicabs; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain provisions relating to commercial indemnity liability insurance for limousine carriers; to provide for the comprehensive regulation of transportation referral services, transportation referral service providers, ride share network services, and ride share drivers; to provide for definitions; to provide for legislative intent; to provide for registration and licensing of such providers; to provide for certain disclosures; to prohibit certain practices and to provide penalties for violations; to prohibit the waiver of rights by passengers under certain conditions; to provide for billing methods; to provide for master license fees for for-hire vehicles in lieu of sales and use taxes on fares; to provide for for-hire license endorsements; to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide an exemption; 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. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding provisions applicable to counties and municipal corporations, is amended by revising subsection (a) of Code Section 36-60-25, relating to certificates of public necessity and convenience and medallions for taxicabs, and by adding new subsections to read as follows:
"(a) Each county and municipal corporation may require the owner or operator of a taxicab or vehicle for hire to obtain a certificate of public necessity and convenience or medallion in order to operate such taxicab or vehicle for hire within the unincorporated areas of the county or within the corporate limits of the municipal corporation, respectively, and may exercise its authority under Code Section 48-13-9 to require such owners or operators to pay a regulatory fee to the county or municipal corporation. The General Assembly finds and declares that any county or municipality exercising the powers granted in this Code section is legitimately concerned with the qualifications and records of drivers of taxicabs and other vehicles for hire; with the location, accessibility, and insured state of companies operating taxicabs and other vehicles for hire; and with the safety and comfort of taxicabs and other vehicles for hire. Without limitation, each such county or municipality may exercise the powers granted in this Code section by ordinance to the same extent as the ordinances reviewed by the Georgia Court of Appeals in the case of Hadley v. City of Atlanta, 232 Ga. App. 871,
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875 (1998), and each certificate of public convenience and necessity issued under those ordinances shall remain in full force and effect." "(c) Counties and municipalities which have adopted and have valid ordinances as of July 1, 2014, requiring taxicabs to have certificates of public necessity and convenience or medallions to operate within each such county or municipality may continue to require such certificates or medallions. Except as otherwise provided in this subsection, no county or municipality shall enact, adopt, or enforce any ordinance or regulation which requires taxicabs to have certificates of public necessity and convenience or medallions to operate within such county or municipality. (d) No person shall operate a taxicab for the purpose of carrying or transporting passengers for hire unless such person has a for-hire license endorsement or private background check certification pursuant to Code Section 40-5-39. Counties and municipalities shall not impose further licensing requirements or background checks on such persons to operate taxicabs in their jurisdictions. (e) As used in this subsection, the term 'stage' means to stop, park, or otherwise place a vehicle for hire, other than a taxicab, in the loading or curbside area of any business for the purpose of soliciting a fare when such vehicle is not engaged in a prearranged round-trip or prearranged one-way fare. It shall be illegal to stage limousine carriers, as defined in paragraph (5) of Code Section 40-1-151, or ride share drivers, as defined in paragraph (2) of Code Section 40-1-190. A person who violates this subsection shall be guilty of a misdemeanor. (f) No person shall operate a taxicab for the purpose of carrying or transporting passengers for hire unless such person maintains insurance from an insurance company licensed under Title 33, through a surplus line broker licensed under Title 33, or is qualified as a self-insurer pursuant to Code Section 33-34-5.1."
SECTION 2. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by revising Code Section 40-1-158, relating to limousine chauffeur authorization and license endorsement, as follows:
"40-1-158. Pursuant to rules and regulations prescribed by the commissioner of driver services, each chauffeur employed by a limousine carrier shall secure from the Department of Driver Services a limousine chauffeur authorization and for-hire license endorsement or private background check certification pursuant to Code Section 40-5-39."
SECTION 2.1. Said title is further amended by revising Code Section 40-1-166, relating to commercial indemnity and liability insurance, as follows:
"40-1-166. Each limousine carrier shall obtain and maintain commercial indemnity and liability insurance with an insurance company authorized to do business in this state licensed under Title 33 or through a surplus line broker licensed under Title 33, which policy
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shall provide for the protection of passengers and property carried and of the public against injury proximately caused by the negligence of the limousine carrier, its servants, and its agents. The minimum amount of such insurance shall be:
(1) For capacity of 12 passengers or less, $300,000.00 for bodily injuries to or death of all persons in any one accident with a maximum of $100,000.00 for bodily injuries to or death of one person, and $50,000.00 for loss of damage in any one accident to property of others, excluding cargo; or (2) For capacity of more than 12 passengers, $500,000.00 for bodily injuries to or death of all persons in any one accident with a maximum of $100,000.00 for bodily injuries to or death of one person, and $50,000.00 for loss of damage in any one accident to property of others, excluding cargo."
SECTION 3. Said title is further amended by adding a new part to Article 3 of Chapter 1, relating to motor carriers, to read as follows:
"Part 4
40-1-190. As used in this part, the term:
(1) 'Limousine carrier' means any limousine company or provider which is licensed with the state pursuant to paragraph (5) of Code Section 40-1-151. (2) 'Metering device' means an instrument or device which is utilized for the purpose of calculating for-hire fares based upon distance, time, mileage, and administrative fees and which is not a taximeter. (3) 'Ride share driver' means an individual who uses his or her personal passenger car, as defined in paragraph (41) of Code Section 40-1-1, to provide transportation for passengers arranged through a ride share network service. (4) 'Ride share network service' means any person or entity that uses a digital network or Internet network to connect passengers to ride share drivers for the purpose of prearranged transportation for hire or for donation. The term 'ride share network service' shall not include any corporate sponsored vanpool or exempt rideshare as such terms are defined in Code Section 40-1-100, provided that such corporate sponsored vanpool or exempt rideshare is not operated for the purpose of generating a profit. (5) 'Taxi service' means any taxicab company or provider which utilizes a motor vehicle or similar vehicle, device, machine, or conveyance to transport passengers; uses a taximeter; and is authorized to provide taxicab services pursuant to an ordinance of a local government in this state. (6) 'Taximeter' means an instrument or device approved by the applicable local government which is utilized by a taxi service for the purpose of calculating fares based upon distance, time, and mileage.
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(7) 'Transportation referral service' means any person or entity that books, refers clients to, collects money for, or advertises transportation services provided by a limousine carrier or taxi service by means of a telephone, through cellular telephone software, through the Internet, in person, by written instrument, by any person, or by any other means, and does not own or lease any motor vehicle required to be registered with the Department of Public Safety as a limousine carrier or a taxi service. A transportation referral service shall not include emergency or nonemergency medical transports. (8) 'Transportation referral service provider' means any person or entity that books, refers clients to, collects money for, or advertises transportation services provided by a limousine carrier or taxi service by means of a telephone, through cellular telephone software, through the Internet, in person, by written instrument, by any person, or by any other means and owns or leases one or more motor vehicles required to be registered with the Department of Public Safety as a limousine carrier or a local government in this state as a taxi service. A transportation referral service provider shall not include emergency or nonemergency medical transports.
40-1-191. The General Assembly finds that it is in the public interest to provide uniform administration and parity among ride share network services, transportation referral services, and transportation referral service providers, including taxi services, that operate in this state for the safety and protection of the public. The General Assembly fully occupies and preempts the entire field of administration and regulation over ride share network services, transportation referral services, transportation referral service providers, and taxi services as governed by this part; provided, however, that the governing authority of any county or municipal airport shall be authorized to regulate any ride share network service, transportation referral service, transportation referral service provider, and taxi service consistent with the process used for limousine carriers, as set forth in Code Section 40-1-162, who are doing business at any such airport and may establish fees as part of such regulation process; provided, further, that such fees shall not exceed the airport's approximate cost of permitting and regulating ride share network services, transportation referral services, transportation referral service providers, and taxi services; and provided, further, that such governing authorities of such airports shall accept a for-hire license endorsement or private background check certification pursuant to Code Section 40-5-39 as adequate evidence of sufficient criminal background investigations and shall not require any fee for any further criminal background investigation; and provided, further, that local governments may maintain certificates of public necessity and convenience and medallion requirements and company requirements for taxi services as provided in this part and may establish maximum fares for taxi services. The list of ride share network services, transportation referral services, transportation referral service providers, and taxi services on the website of the department shall be sufficient evidence that such services have licenses issued by the department.
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40-1-192. (a) A transportation referral service or transportation referral service provider that only refers business to limousine carriers and taxi services that are licensed or registered as transportation referral service providers shall be exempt from registration under this Code section. (b) Each transportation referral service provider doing business, operating, or providing transportation services in this state shall register with the department. Upon receipt of registration by the department, the department shall issue a license to such transportation referral service provider which shall be renewed on an annual basis. The department may charge a fee for such license and registration not to exceed $100.00. Limousine carriers, as a part of the licensure and permitting process for limousine carriers, shall be registered and licensed as a transportation referral service provider under this part. A transportation referral service provider that receives referrals from a transportation referral service or a transportation referral service provider shall be required to disclose to the department that it is receiving referrals from such transportation referral service or transportation referral service provider; provided, however, that the limousine carrier or taxi service shall be required to comply with the requirements of this part. (c) Each transportation referral service provider doing business, operating, or providing transportation services in this state shall file and keep current monthly with the department a list of all limousine carriers and taxi services which it utilizes to provide transportation services in this state. Such lists shall not be subject to inspection or disclosure under Article 4 of Chapter 18 of Title 50. (d) Each transportation referral service provider doing business, operating, or providing transportation services in this state shall:
(1) Either obtain directly or determine that each taxi service to which it refers business possesses either a certificate of public necessity and convenience or medallion authorizing the provision of taxicab services in such local government if the certificate of public necessity and convenience or medallion is required by an ordinance of the local government where such taxi service is to be provided; (2) Either obtain directly or determine that each taxi service to which it refers business is registered with the department and possesses and maintains a permit authorizing the provision of taxicab services in such local government if a company permit is required by an ordinance of the local government where such taxi service is to be provided; (3) Either obtain directly or determine that each limousine carrier to which it refers business is properly and currently registered and licensed pursuant to Part 3 of this article; (4) Take all necessary steps to determine that:
(A) Any driver either directly employed by or contracted with a limousine carrier which the limousine carrier contracts with or utilizes for the provision of transportation services in this state possesses and maintains any required permits or licenses required by the federal government or this state; and
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(B) Any driver either directly employed by or contracted with a taxi service which the taxi service contracts with or utilizes for the provision of transportation services in this state possesses and maintains any required permits or licenses required by the federal government or the local government where the transportation services are to be provided; (5) Ensure that each driver utilized by such transportation referral service provider, whether such driver is employed directly by the transportation referral service provider or by a limousine carrier or taxi service which the transportation referral service provider contracts with or utilizes for the provision of transportation services in this state, has a current for-hire license endorsement or current private background check certification pursuant to Code Section 40-5-39; (6) Have a zero tolerance policy with regard to the use of drugs or alcohol while on duty in place for drivers utilized by such limousine carrier or taxi service in the provision of transportation services, whether such driver is employed directly by the transportation referral service provider or by a limousine carrier or taxi service which the transportation referral service provider contracts with or utilizes for the provision of transportation services in this state; (7) Shall ensure that each limousine carrier with which such transportation referral service provider contracts or utilizes for the provision of transportation services in this state has the commercial indemnity and liability insurance required by Code Section 40-1-166 or each taxi service with which such transportation referral service provider contracts or utilizes for the provision of transportation services in this state has the minimum amount of commercial liability insurance prescribed by the local government where such taxi service is provided or by state law, whichever is greater; (8) Have, as to taxi services, complied with or ensured that any taxi service which it contracts with or utilizes for the provision of transportation services complies with any fare structure or regulation prescribed by ordinance of the local government where such taxi service is to be provided; provided, however, that any fares specified in local ordinances shall be the maximum fare which may be charged but shall not prohibit a taxi service from charging lower fares; (9) Have complied with or determined that the limousine carrier or taxi service with which the provider contracts with or utilizes for the provision of transportation services in this state is in compliance with any and all other applicable requirements prescribed by the laws of the state, the rules and regulations of the department, and the ordinances of local governments where such transportation services are provided; and (10) Comply with the provisions of Code Section 40-8-7. No additional vehicle inspections shall be required for taxi services or limousine carriers. (e) Failure to register according to the provisions of this Code section shall be a misdemeanor.
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40-1-193. (a) Each ride share network service doing business or operating in this state shall register with the department. Upon receipt of registration by the department, the department shall issue a license to such ride share network service which shall be renewed on an annual basis. The department may charge a fee for such license and registration not to exceed $100.00. (b) Each ride share network service doing business or operating in this state shall maintain a current list of all ride share drivers who are enrolled in its network in this state. Such lists shall not be subject to inspection or disclosure under Article 4 of Chapter 18 of Title 50 but shall be made available for inspection by law enforcement officers and representatives of other government agencies upon request to ascertain compliance with this title. (c) Each ride share network service doing business or operating in this state shall:
(1) Take all necessary steps to determine that each driver contracted with such ride share network service possesses and maintains any required permits or licenses required by the federal government or this state; (2) Ensure that each driver utilized by such ride share network service, whether such driver is employed directly by the ride share network service or operates as an independent contractor, has a current for-hire license endorsement or current private background check certification pursuant to Code Section 40-5-39; (3) Have a zero tolerance policy with regard to the use of drugs or alcohol while on duty in place for drivers contracted with such ride share network service; (4) Have for each ride share driver contracted with such ride share network service in this state insurance coverage in effect with respect to personal injury liability, property damage liability, and personal injury protection liability benefits available to drivers, passengers, pedestrians, and others in the same coverage amounts as required by law; and (5) Comply with the provisions of Code Section 40-8-7. No vehicle inspections shall be required for vehicles used by ride share drivers. (d) Each ride share driver utilized by such ride share network service, whether such driver is employed directly by the ride share network service or operates as an independent contractor, shall maintain on his or her smartphone digital identification containing the following information while active on the ride share network service's digital network: (1) The name and photograph of the driver; (2) The make and model of the motor vehicle being driven; (3) The license plate number of the motor vehicle being driven; (4) Certificates of insurance for the motor vehicle being driven; and (5) Such other information as may be required by the Department of Public Safety. Upon reasonable suspicion of a law enforcement officer of improper operation by a ride share driver, the ride share driver, upon request, shall provide the law enforcement officer with access to the smartphone containing the digital information required by this subsection and the electronic record of the trips sufficient to establish that the trip in
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question was prearranged through digital dispatch of the ride share network service. The ride share driver shall not be required to relinquish custody of the smartphone containing the digital information required by this subsection and the electronic record of the trips arranged through digital dispatch of the ride share network service. (e) A violation of this Code section shall be a misdemeanor.
40-1-194. (a)(1)(A) No transportation referral service or transportation referral service provider subject to this part shall contract with, utilize, or refer individuals or entities to limousine carriers that are not properly licensed by this state or are not properly insured under state law. (B) No ride share network service subject to this part shall contract with, utilize, or refer individuals or entities to ride share drivers who are not properly licensed by this state or are not properly insured under state law.
(2) No transportation referral service or transportation referral service provider subject to this part shall contract with, utilize, or refer individuals or entities to taxi services that are not registered with the department and properly licensed by the applicable political subdivision of this state, are not properly insured under local law, or use drivers that are not properly licensed under state and local law to carry passengers for hire.
(b)(1)(A) No person who is not licensed under the laws of this state to provide limousine services shall contract with or accept referrals from a transportation referral service, transportation referral service provider, or ride share network service for transportation services. This paragraph shall not apply to passengers. (B) No ride share driver who does not have an appropriate driver's license and either a for-hire endorsement or current private background check certification pursuant to Code Section 40-5-39 shall contract with or accept referrals from a transportation referral service, transportation referral service provider, or ride share network service for transportation services. (2) No person who does not have the licensing required by the appropriate local government of this state to provide taxi services shall contract with or accept referrals from a transportation referral service or transportation referral service provider for transportation services. This paragraph shall not apply to passengers. (c)(1) A transportation referral service that violates subsection (a) of this Code section shall be guilty of a misdemeanor. (2) A transportation referral service provider or ride share network service that violates subsection (a) of this Code section shall be guilty of a misdemeanor and additionally shall be subject to having such provider's or service's registration suspended or revoked by the department. (d) A person who violates subsection (b) of this Code section shall be guilty of a misdemeanor and additionally may be subject to a suspension for one year or revocation of such person's driver's license.
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40-1-195. (a) Each taxi service, transportation referral service, transportation referral service provider, and ride share network service doing business, operating, or providing transportation services in this state shall include its license number issued by the department in any advertising in this state; provided, however, that this Code section shall not apply to Internet advertisements. Limousine carriers which register as transportation referral service providers under this part shall be subject to the advertising requirements of this Code Section and not the provisions of Code Section 40-1-165. Failure to provide such license number shall result in the imposition of a civil penalty not to exceed $5,000.00 for each violation. (b) Each ride share driver shall display a consistent and distinctive signage or emblem that is approved by the Department of Public Safety on such ride share driver's vehicle at all times while the ride share driver is active on the ride share network service's digital network. The signage or emblem shall be:
(1) Sufficiently large and color contrasted to be readable during daylight hours from a distance of at least 50 feet; (2) Reflective, illuminated, or otherwise visible in darkness; and (3) Sufficient to identify a vehicle as being associated with the ride share network service with which the ride share driver is affiliated. Any person who violates this subsection shall be guilty of a misdemeanor.
40-1-196. (a) Rates for taxi services set by a local government shall constitute the maximum fare which may be charged but shall not prohibit a taxi service from charging lower fares. Transportation services provided by taxi services and arranged by a transportation referral service or transportation referral service provider doing business in this state shall be billed in accordance with the fare rates prescribed by the local government where such taxi services are to be provided. The use of Internet or cellular telephone software to calculate rates shall not be permitted unless such software complies with and conforms to the weights and measures standards of the local government that licenses such taxi service. (b) Transportation services provided by limousine carriers and arranged by a transportation referral service or transportation referral service provider shall only be billed in accordance with the rates of such limousine carriers on an hourly basis or upon one or more of the following factors: distance, flat fee, base fee, waiting time, cancellation fee, stop fee, event pricing, demand pricing, or time. The charge for such transportation services may be calculated by the use of a metering device in or affixed to the motor vehicle. (c) A ride share driver contracted with a ride share network service may offer transportation services at no charge, suggest a donation, or charge a fare. If a ride share driver contracted with a ride share network service charges a fare, such fare shall be calculated based upon one or more of the following factors: distance, flat fee, base fee, waiting time, cancellation fee, stop fee, event pricing, demand pricing, or time. The
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fare may be calculated by the use of a metering device in or affixed to the motor vehicle. (d) Each transportation referral service, transportation referral service provider, and ride share network service shall make available to the person being transported prior to receiving transportation services either the amount of the charge for such services or the rates under which the charge will be determined. (e) A violation of this Code section shall be a misdemeanor.
40-1-197. The department is authorized to promulgate such rules and regulations as the department shall find necessary to implement the provisions of this part.
40-1-198. (a) Each transportation referral service provider shall maintain a current list of all drivers that such provider employs directly or as independent contractors in this state. Such lists shall not be subject to inspection or disclosure under Article 4 of Chapter 18 of Title 50 but shall be made available for inspection by law enforcement officers and representatives of other government agencies upon request to ascertain compliance with this title. (b) A violation of this Code section shall be punished by the imposition of a civil penalty not to exceed $5,000.00 for each violation.
40-1-199. A waiver of any rights with regard to personal injuries as the result of any transportation services provided by such ride share network service, transportation referral service, transportation referral service provider, limousine carrier, or taxi service by any person utilizing the services of a ride share network service, transportation referral service, transportation referral service provider, limousine carrier, or taxi service in this state shall not be valid unless such person is given written or electronic notice of such waiver prior to receiving such services and knowingly and willfully agrees to such waiver.
40-1-200. This part shall not be applicable to equine drawn vehicles or nonmotorized vehicles."
SECTION 4. Said title is further amended by revising Code Section 40-2-168, relating to registration and licensing of taxicabs and limousines, as follows:
"40-2-168. (a) Owners of a taxicab or limousine, prior to commencing operation in this state, shall, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, and the payment of an annual registration fee of $25.00, be issued a distinctive license plate by the commissioner. Such distinctive license plate shall be
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designed by the commissioner and displayed on the vehicle as provided in Code Section 40-2-41. The certificate of registration shall be kept in the vehicle. Revalidation decals shall be issued, upon payment of fees required by law, in the same manner as provided for general issue license plates. Such license plates shall be transferred from one vehicle to another vehicle of the same class and acquired by the same person as provided in Code Section 40-2-42. The transition period shall commence on May 20, 2010, and conclude no later than December 31, 2010, for all existing registrations. For all existing registrations, except during the owner's registration period as provided in Code Section 40-2-21, the commissioner shall exchange and replace any current and valid registration and license plate at no charge to the owner. Such license plates shall not be issued to any owner of a taxicab or limousine, as such term is defined in paragraph (4) of Code Section 40-1-151, that is not properly licensed as such by the Department of Public Safety or a political subdivision of this state.
(b)(1) As used in this subsection, the term 'for-hire vehicle' means a motor vehicle used in this state by a limousine carrier, ride share network, ride share network driver, or taxi service, as such terms are defined in Code Section 40-1-190, for the purpose of transporting passengers for compensation or donation. (2) On and after July 1, 2016, an owner of each for-hire vehicle, prior to commencing operations in this state and annually thereafter, shall either obtain a for-hire vehicle master license from the department or elect to continue to pay sales and use taxes pursuant to Chapter 8 of Title 48 on all fares collected by such owner. If the owner elects to purchase a master license, the department shall issue a decal or certificate for each motor vehicle covered under such master license, and the owner shall display such decal on such vehicle at all times in the manner prescribed by the department by rule or regulation or shall maintain a copy of the certificate in the covered vehicle or electronically on the driver's smartphone which certificate shall be displayed to law enforcement personnel or agents of the department upon request. With regard to ride share drivers who are employed directly by a ride share network service or who operate as independent contractors for a ride share network service, the ride share network service shall be responsible for either obtaining a master license for all of its affiliated ride share drivers or for paying the sales and use tax on such fares pursuant to Chapter 8 of Title 48 on all fares collected. The obtaining of a master license shall not operate to relieve the owner of a for-hire vehicle from sales and use taxes on fares which were previously incurred. (3) The owner of each for-hire vehicle in operation in this state on July 1, 2016, who chooses to obtain a for-hire master license in lieu of paying sales and use taxes on fares shall obtain a for-hire master license from the department prior to such date and shall obtain a decal or certificate for each motor vehicle covered under such master license, and the owner shall either display such decal on such vehicle at all times in the manner prescribed by the department by rule or regulation or shall maintain a copy of the certificate in the covered vehicle or electronically on the driver's
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smartphone which certificate shall be displayed to law enforcement personnel or agents of the department upon request. (4) The annual fee for such master license shall be as follows:
(A) For 1 to 5 for-hire vehicles ......................................................... $1,500.00 (B) For 6 to 59 for-hire vehicles ....................................................... 12,050.00 (C) For 60 to 100 for-hire vehicles ................................................... 25,000.00 (D) For 101 to 150 for-hire vehicles ................................................. 40,000.00 (E) For 151 to 200 for-hire vehicles.................................................. 56,000.00 (F) For 201 to 250 for-hire vehicles .................................................. 75,000.00 (G) For 251 to 300 for-hire vehicles ................................................. 90,000.00 (H) For 301 to 350 for-hire vehicles ............................................... 105,000.00 (I) For 351 to 500 for-hire vehicles................................................. 150,000.00 (J) For 501 to 1,000 for-hire vehicles ............................................. 300,000.00 (K) For 1,001 and greater for-hire vehicles .................................... 300,000.00
plus $25,000.00 for each additional 100 vehicles or fraction thereof. Decals or certificates shall be issued in connection with the master license at no charge by the department. The number of vehicles shall be determined by adding the number of for-hire vehicles utilized by the owner during each of the preceding months in the immediately preceding 12 month period and dividing such sum by 12. (5) Of this fee, 57 percent shall be retained by the state for deposit in the general fund of the state treasury and 43 percent shall be forwarded to the county tag agent to allocate and distribute to the county governing authority and to municipal governing authorities, the board of education of the county school system, and the board of education of any independent school system located in such county in the manner provided in this paragraph: (A) An amount equal to one-third of such proceeds shall be distributed to the board of education of the county school system and the board of education of each independent school system 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 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; (B)(i) Except as otherwise provided in this subparagraph, 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 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
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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 division (i) of this subparagraph and an amount equal to one-third of such proceeds shall be distributed to the board of education of the county school system; (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 system and the board of education of any independent school system in the same manner as required under such local constitutional amendment; and (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 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 (C)(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 currently in effect; provided, however, that this division shall not apply if division (iii) of subparagraph (B) of this paragraph 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 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 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 division (i) of subparagraph (B) of this paragraph; provided, however, that if a tax under Article 2 of Chapter 8 of Title 48 is not in effect, such amount shall be distributed in accordance with division (ii) of subparagraph (B) of this paragraph. (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,
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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 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. (6) On and after July 1, 2016, it shall be illegal for an owner of a for-hire vehicle who chooses to obtain a master license in lieu of paying sales and use taxes on fares and who is providing transportation services to fail to display a current tax decal or maintain a physical or electronic certificate in such vehicle as prescribed by this subsection and as may be required by the department by rule or regulation. Any person who violates this paragraph shall be guilty of a misdemeanor of a high and aggravated nature and additionally shall be subject to a civil fine of not more than $5,000.00 per violation."
SECTION 5. Said title is further amended by revising paragraphs (9) and (11) of Code Section 40-5-1, relating to definitions, and adding new paragraphs to read as follows:
"(9) Reserved 'For hire' means to operate a motor vehicle in this state for the purpose of transporting passengers for compensation or donation as a limousine carrier, ride share network or driver, or taxi service as such terms are defined in Code Section 401-190. (9.1) 'For-hire license endorsement' means an endorsement to a driver's license pursuant to Code Section 40-5-39 that authorizes the holder of the license to operate a motor vehicle for the purpose of transporting passengers in this state for compensation or donation as a limousine carrier, ride share network or driver, or taxi service as such terms are defined in Code Section 40-1-190." "(11) Reserved 'Limousine carrier' means any limousine company or provider which is licensed with this state pursuant to paragraph (5) of Code Section 40-1-151." "(16.01) 'Ride share driver' means an individual who uses his or her personal passenger car, as defined in paragraph (41) of Code Section 40-1-1, to provide transportation for passengers arranged through a ride share network service. (16.02) 'Ride share network service' means any person or entity that uses a digital network or Internet network to connect passengers to ride share drivers for the purpose of prearranged transportation for hire or for donation. The term 'ride share network service' shall not include any corporate sponsored vanpool or exempt rideshare as such terms are defined in Code Section 40-1-100, provided that such corporate sponsored vanpool or exempt rideshare is not operated for the purpose of generating a profit."
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"(18) 'Taxi service' means any taxicab company or provider which utilizes a motor vehicle or similar vehicle, device, machine, or conveyance to transport passengers; uses a taximeter; and is registered with the Department of Public Safety and, if applicable, is authorized to provide taxicab services pursuant to an ordinance of a local government in this state."
SECTION 6. Said title is further amended by revising Code Section 40-5-39, relating to endorsement on license of limousine chauffeur, requirements, and term, as follows:
"40-5-39. (a) No person shall operate a motor vehicle for hire in this state unless such person:
(1) Has a for-hire license endorsement pursuant to this Code section and has liability insurance coverage in the amounts required by law for the class of motor vehicle being operated for hire and the requirements for limousine carriers, ride share networks and drivers, and taxi services, as applicable; or (2) Has a private background check certification pursuant to this Code section and has liability insurance coverage in the amounts required by law for the class of motor vehicle being operated for hire and the requirements for limousine carriers, ride share networks and drivers, and taxi services, as applicable. This shall include, but not be limited to, ride share drivers and persons operating motor vehicles for limousine carriers and taxicabs for taxi services. (a)(b) The department shall endorse the driver's license of any approved limousine chauffeur employed by a limousine carrier provide a for-hire license endorsement for any qualified person under this Code section. In order to be eligible for such endorsement, an applicant shall: (1) Be at least 18 years of age; (2) Possess a valid Georgia driver's license which is not limited as defined in Code Section 40-5-64; (3) Not have been convicted, been on probation or parole, or served time on a sentence for a period of ten seven years previous to the date of application for any felony or any other crime of moral turpitude or a pattern of misdemeanors that evidences a disregard for the law unless he or she has received a pardon and can produce evidence of same. For the purposes of this paragraph, a plea of nolo contendere shall be considered to be a conviction, and a conviction for which a person has been free from custody and free from supervision for at least ten seven years shall not be considered a conviction unless the conviction is for a dangerous sexual offense which is contained in Code Section 42-1-12 or the criminal offense was committed against a victim who was a minor at the time of the offense; (4) Submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and
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an appropriate report and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified; and (5) Be a United States citizen, or if not a citizen, present federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law; and (6) Provide proof of liability insurance coverage in such amounts as provided by law for the class of motor vehicle being operated for hire and the requirements for limousine carriers, ride share networks and drivers, and taxi services, as applicable. (b)(c) Such endorsement shall be valid for the same term as such person's driver's license, provided that each person seeking renewal of a driver's license with such endorsement shall submit to a review of his or her criminal history for verification of his or her continued eligibility for such endorsement prior to making application for such renewal using the same process set forth in subsection (a) (b) of this Code section. If such person no longer satisfies the background requirements set forth herein, he or she shall not be eligible for the inclusion of such endorsement on his or her driver's license, and it shall be renewed without the endorsement. (c)(d) Every chauffeur employed by a limousine carrier person who operates a motor vehicle for hire in this state shall have his or her Georgia driver's license with the prescribed for-hire license endorsement in his or her possession at all times while operating a motor vehicle of a limousine carrier for hire in this state or shall have his or her Georgia driver's license and a private background check certification pursuant to subsection (e) of this Code section in his or her possession. Such driver's license with a for-hire endorsement or such driver's license and private background check certification shall be presented to a law enforcement officer upon request by such officer. (e)(1) A person operating a motor vehicle for hire in this state may obtain a private background check in lieu of obtaining a for-hire endorsement. Such background check shall be conducted by the taxi service, limousine carrier, or ride share network service that employs such driver. (2) The taxi service, limousine carrier, or ride share network service shall require such person to submit an application to the taxi service, limousine carrier, or ride share network service which includes, but is not limited to, information regarding such person's address, age, driver's license information and number, driving history, motor vehicle registration, automobile liability insurance, and other information necessary to complete a background check on such person. (3) The taxi service, limousine carrier, or ride share network service shall conduct or cause to be conducted a local and national criminal background check on such person which shall include:
(A) A search of a multistate, multijurisdiction criminal records locator or similar nation-wide data base with validation or primary source search; (B) A search of the national sex offender registry data base; and
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(C) The obtaining and review of a driving history research report. (4) The taxi service, limousine carrier, or ride share network service shall review the background check and issue a private background check certification to such person; provided, however, that no such certification shall be issued to a person whose background check discloses that such person:
(A) Has had more than three moving violations in the prior three-year period or has one major traffic violation, as such term is defined in Code Section 40-5-142, in the prior three-year period; (B) Has been convicted within the past seven years of driving under the influence of drugs or alcohol or has been convicted at any time of fraud, a sexual offense, the use of a motor vehicle to commit a felony, a crime involving property damage, a crime involving theft, a crime involving an act of violence, or a crime involving an act of terror; (C) Has a match on the national sex offender registry data base; (D) Does not have a valid driver's license; (E) If such person will be using such person's vehicle as the motor vehicle to be operated for hire, does not possess proof of registration for such vehicle; (F) Does not possess proof of liability insurance coverage in such amounts as provided by law for the class of motor vehicle being operated for hire and the requirements for limousine carriers, ride share networks and drivers, and taxi services, as applicable; and (G) Is not at least 18 years of age. (5) Such private background check certification shall be issued in written form or in a form which may be displayed electronically on a smartphone. A digital identification properly issued pursuant to subsection (d) of Code Section 40-1-193 shall constitute sufficient certification of a private background check. Such private background check certification shall be valid for a period of five years from the date of its issuance. (d)(f) The department is authorized to promulgate rules and regulations as necessary to implement this Code section. (g) Any person who violates the provisions of this Code section shall be guilty of a misdemeanor."
SECTION 7. 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 (25), which was previously reserved, as follows:
"(25) Reserved Fares of for-hire vehicles for which the owners of such vehicles have chosen to purchase a for-hire master license in lieu of paying sales and use taxes on fares pursuant to the provisions of subsection (b) of Code Section 40-2-168. This provision shall not relieve taxi services, limousine carriers, transportation referral services, transportation referral service providers, or ride share service networks of sales and use tax liability on fares incurred prior to the purchase of such for-hire master license;".
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SECTION 8. Sections 2, 3, 5, and 6 of this Act shall become effective on July 1, 2015. Sections 4 and 7 shall be come effective on July 1, 2016. The remaining sections of this Act shall become effective upon the approval of this Act by the Governor or upon this Act becoming law without such approval.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Powell of the 32nd and Powell of the 171st offer the following amendment:
Amend the Senate Science and Technology Committee substitute to HB 225 (LC 43 0160S) by inserting after "effective dates" on line 18 "and for legislative intent".
By striking "(2)" on line 57 and inserting in lieu thereof "(3)".
By striking lines 220 and 221 and inserting in lieu thereof the following: the minimum amount of commercial liability insurance prescribed by state law;
By striking lines 409 through 434 and inserting in lieu thereof the following: (2) On and after July 1, 2017, an owner of each for-hire vehicle, prior to commencing operations in this state and annually thereafter, shall obtain a for-hire vehicle master license from the department. The department shall issue a decal or certificate for each motor vehicle covered under such master license, and the owner shall display such decal on such vehicle at all times in the manner prescribed by the department by rule or regulation or shall maintain a copy of the certificate in the covered vehicle or electronically on the driver's smartphone which certificate shall be displayed to law enforcement personnel or agents of the department upon request. With regard to ride share drivers who are employed directly by a ride share network service or who operate as independent contractors for a ride share network service, the ride share network service shall be responsible for obtaining a master license for all of its affiliated ride share drivers. The obtaining of a master license shall not operate to relieve a taxi service, a limousine carrier, a ride share network service, or the owner of a for-hire vehicle from sales and use taxes on fares which were previously incurred. (3) The owner of each for-hire vehicle in operation in this state on July 1, 2017, shall obtain a for-hire master license from the department prior to such date and shall obtain a decal or certificate for each motor vehicle covered under such master license, and the owner shall either display such decal on such vehicle at all times in the manner prescribed by the department by rule or regulation or shall maintain a copy of the certificate in the covered vehicle or electronically on the driver's smartphone
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which certificate shall be displayed to law enforcement personnel or agents of the department upon request. With regard to ride share drivers who are employed directly by a ride share network service or who operate as independent contractors for a ride share network service, the ride share network service shall be responsible for obtaining a master license for all of its affiliated ride share drivers. The obtaining of a master license shall not operate to relieve a taxi service, a limousine carrier, a ride share network service, or the owner of a for-hire vehicle from sales and use taxes on fares which were previously incurred.
By striking lines 454 through 459 and inserting in lieu thereof the following: (5) Of this annual master license fee, 57 percent shall be retained by the state for deposit in the general fund of the state treasury. At the time of payment of the annual master license fee, the owner obtaining the master license shall provide to the department a written declaration setting forth the county or counties in which vehicles operate. The remaining 43 percent of the annual master license fee shall be divided by the department proportionately according to population to the county or counties set forth in such declaration. The proportional amounts shall be distributed to the county tag agent in each such county to allocate and distribute to the county governing authority and to municipal governing authorities, the board of education of the county school system, and the board of education of any independent school system located in such county in the manner provided in this paragraph:
By striking lines 526 through 532 and inserting in lieu thereof the following: (6) On and after July 1, 2017, it shall be illegal for a taxi service, a limousine carrier, a ride share network service, or an owner of a for-hire vehicle who is providing transportation services to fail to display a current tax decal or maintain a physical or electronic certificate in such vehicle as prescribed by this subsection and as may be required by the department by rule or regulation. Any person who violates this paragraph shall be guilty of a misdemeanor of a high and aggravated nature and additionally shall be subject to a civil fine of not more than $5,000.00 per violation. (7) This subsection shall be repealed by operation of law on July 1, 2017."
By striking lines 673 through 678 and inserting in lieu thereof the following: "(25) Reserved On and after July 1, 2017, fares of for-hire vehicles for which taxi services, limousine carriers, ride share network services, or the owners of such vehicles have purchased a for-hire master license in lieu of paying sales and use taxes on fares pursuant to the provisions of subsection (b) of Code Section 40-2-168. This provision shall not relieve taxi services, limousine carriers, transportation referral services, transportation referral service providers, or ride share service networks of sales and use tax liability on fares incurred prior to the purchase of such for-hire master license. This paragraph shall be repealed by operation of law on July 1, 2017;".
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Representative Powell of the 32nd moved that the House agree to the Senate substitute, as amended by the House, to HB 225.
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 Y Barr Y Battles Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick
Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson N Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Ealum
Efstration N Ehrhart Y England Y Epps Y Evans N Fleming Y Floyd
Fludd Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Golick Y Gordon N Gravley Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson N Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd N Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin
Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal N Pak Y Parrish Y Parsons Y Peake
Petrea N Pezold Y Powell, A Y Powell, J Y Prince N Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice N Roberts N Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 Tankersley Y Tanner N Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E N Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 146, nays 21.
The motion prevailed.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
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The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 233. By Representatives Atwood of the 179th, Dudgeon of the 25th, Geisinger of the 48th, Dunahoo of the 30th and Jasperse of the 11th:
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; to amend Titles 3, 5, 7, 10, 12, 15, 17, 27, 36, 38, 40, 45, 46, 48, 49, and 52 of the O.C.G.A., relating to alcoholic beverages, appeal and error, banking and finance, commerce and trade, conservation and natural resources, courts, criminal procedure, game and fish, local government, military, emergency management, veterans affairs, motor vehicles and traffic, public officers and employees, public utilities and public transportation, revenue and taxation, social services, waters of the state, ports, and watercraft; 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 234. By Representatives Rutledge of the 109th, Powell of the 171st, Duncan of the 26th, Pak of the 108th, Strickland of the 111th and others:
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 administration and enforcement of tax collection, so as to include days on which the Federal Reserve Bank is closed in the list of days that excuse late filing or payment; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Speaker announced the House in recess until 4:30 o'clock, this afternoon.
The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 901. By Representatives Harbin of the 122nd, O`Neal of the 146th, Abrams of the 89th, Ralston of the 7th, Cheokas of the 138th and others:
A RESOLUTION honoring the life and memory of Jacqualyn Susanne King; and for other purposes.
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HR 902. By Representative Holmes of the 129th:
A RESOLUTION recognizing Indian Springs Holiness Camp Ground on its 125th sesquicentennial anniversary; and for other purposes.
HR 903. By Representatives Taylor of the 79th, Wilkinson of the 52nd and Belton of the 112th:
A RESOLUTION honoring the life and memory of Captain Thomas J. Taylor; and for other purposes.
HR 904. By Representatives Douglas of the 78th, Gardner of the 57th and Oliver of the 82nd:
A RESOLUTION honoring the world-wide victims of genocide and recognizing April 24, 2015, as Georgia's Day of Remembrance of the Armenian Genocide of 1915-1923; and for other purposes.
HR 905. By Representative LaRiccia of the 169th:
A RESOLUTION recognizing and commending Ms. Courtney Toth on her outstanding public service; and for other purposes.
The following Bills of the House were taken up for the purpose of considering the Senate action thereon:
HB 342. By Representatives Kelley of the 16th, Willard of the 51st, Ramsey of the 72nd, Benton of the 31st, Fleming of the 121st and others:
A BILL to be entitled an Act to amend Code Section 31-7-3.2 of the Official Code of Georgia Annotated, relating to the notice of cited deficiencies and imposition of sanctions for nursing homes or intermediate care homes, so as to provide that a violation of certain regulations shall not constitute negligence per se; to provide for limitations on advertisements that use or reference the results of federal or state surveys or inspections of nursing homes; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
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To amend Code Section 31-7-3.2 of the Official Code of Georgia Annotated, relating to the notice of cited deficiencies and imposition of sanctions for nursing homes or intermediate care homes, so as to provide that a violation of certain regulations shall not constitute negligence per se; to provide for limitations on advertisements that use or reference the results of federal or state surveys or inspections of nursing homes; 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 31-7-3.2 of the Official Code of Georgia Annotated, relating to the notice of cited deficiencies and imposition of sanctions for nursing homes or intermediate care homes, is amended by adding new subsections to read as follows:
"(i) No violation of any regulation promulgated pursuant to the federal Nursing Home Reform Act, 42 U.S.C. Sections 1396r and 1395i-3, or any regulation included in Ga. Comp. R. & Regs. 111-8-50 or 111-8-56 or the successor of such regulations as they existed on the effective date of this subsection, shall constitute negligence per se; provided, however, that the court in any civil action shall take judicial notice of these regulations and admit them into evidence if found to be relevant to the harm alleged in the complaint. Nothing in this subsection shall abrogate any express cause of action authorized under law or be construed to amend or repeal any provision of the 'Bill of Rights for Residents of Long-term Care Facilities' in Article 5 of Chapter 8 of Title 31.
(j)(1) The results or findings of a federal or state survey or inspection of a nursing home facility, including any statement of deficiencies or reports, shall not be used or referenced in an advertisement or solicitation by any person or any entity, unless the advertisement or solicitation includes all of the following:
(A) The date the survey was conducted; (B) A statement that the Department of Community Health conducts a survey of all nursing home facilities at least once every 15 months; (C) If a finding or deficiency cited in the statement of deficiencies has been substantially corrected, a statement that the finding or deficiency has been substantially corrected and the date that the finding or deficiency was substantially corrected; (D) The number of findings and deficiencies cited in the statement of deficiencies on the basis of the survey and a disclosure of the severity level for each finding and deficiency; (E) The average number of findings and deficiencies cited in statements of deficiencies on the basis of surveys conducted by the department during the same calendar year as the survey used in the advertisement; (F) A disclosure of whether each finding or deficiency caused actual bodily harm to any residents and the number of residents harmed thereby; and
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(G) A statement that the advertisement is neither authorized nor endorsed by any government agency. (2) In addition to any other remedies and damages allowed by law, a party found to have violated paragraph (1) of this subsection shall be liable for attorney fees and expenses of litigation incurred in an action to restrain or enjoin such violation; provided, however, that damages, attorney fees, and expenses of litigation shall not be recoverable against any newspaper, news outlet, or broadcaster publishing an advertisement or solicitation submitted by a third party for a fee."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all causes of actions arising on and after such date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Kelley of the 16th moved that the House agree to the Senate substitute to HB 342.
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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks
Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson
Y Coomer Y Cooper Y Corbett E 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L
Jones, S Y Jordan
Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight
Y Meadows Y Mitchell
Morris Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Randall Y Reeves Y Rhodes Y Rice Y Roberts
Y Smith, E Y Smith, L Y Smith, M Y Smith, R
Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Weldon Y Werkheiser
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Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y LaRiccia Lumsden
Y Mabra Y Marin Y Martin Y Maxwell
Mayo Y McCall Y McClain
Y Rogers, C Y Rogers, T Y Rutledge Y Rynders
Scott Y Setzler Y Sharper Y Shaw Y Sims
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 0.
The motion prevailed.
HB 215. By Representatives Jacobs of the 80th, Mayo of the 84th, Mosby of the 83rd, Taylor of the 79th, Drenner of the 85th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for an additional exemption to the ceiling on local sales and use taxes which may be levied by a political subdivision; to provide for a revised distribution of the proceeds from the levy of an equalized homestead option sales and use tax; to provide for the levy of a special purpose local options sales and use tax in certain counties; to provide for procedures, conditions, and limitations; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 8 of Title 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 revised distribution of the proceeds from the levy of an equalized homestead option sales and use tax; to provide for the levy of a special purpose local options sales and use tax in certain counties; to provide for procedures, conditions, and limitations; to provide for a short title; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
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Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended in Code Section 48-8-6, relating to the ceiling on local sales and use taxes, by revising paragraph (2) of subsection (a) as follows:
"(2) Any tax levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment; provided, however, that the exception provided for under this paragraph shall only apply:
(A) In a county in which a tax is being imposed under subparagraph (a)(1)(D) of Code Section 48-8-111 in whole or in part for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, water and sewer projects and costs as defined under paragraph (4) of Code Section 48-8-200, or any combination thereof and with respect to which the county has entered into an intergovernmental contract with a municipality, in which the average waste-water system flow of such municipality is not less than 85 million gallons per day, allocating proceeds to such municipality to be used solely for water and sewer projects and costs as defined under paragraph (4) of Code Section 48-8-200. The exception provided for under this subparagraph shall apply only during the period the tax under said such subparagraph (a)(1)(D) is in effect. The exception provided for under this subparagraph shall not apply in any county in which a tax is being imposed under Article 2A of this chapter; or (B) In a county in which the tax levied for purposes of a metropolitan area system of public transportation is first levied after January 1, 2010, and before November 1, 2016. Such tax shall not apply to the following:
(i) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport. For purposes of this division, a 'qualifying airline' means any person which is authorized by the Federal Aviation Administration or another appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. For purposes of this division, a 'qualifying airport' means any airport in the this state that has had more than 750,000 takeoffs and landings during a calendar year; and (ii) The sale of motor vehicles; or (C) In a county in which a tax is levied and collected pursuant to Part 2 of Article 2A of this chapter;"
SECTION 2. Said chapter is further amended by revising Article 2A, relating to the homestead option sales and use tax, as follows:
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"Part 1
48-8-100. This article part shall be known and may be cited as the 'Homestead Option Sales and Use Tax Act.'
48-8-101. As used in this article part, the term:
(1) 'Ad valorem taxes for county purposes' means any and all ad valorem taxes for county maintenance and operation purposes levied by, for, or on behalf of the county, excluding taxes to retire general obligation bonded indebtedness of the county. (2) 'Existing municipality' means a municipality created prior to January 1, 2007, lying wholly within or partially within a county. (3) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (4) 'Qualified municipality' means a municipality created on or after January 1, 2007, lying wholly within or partially within a county.
48-8-101.1. It is the intent of the General Assembly that the proceeds of the homestead option sales and use tax be distributed equitably to the counties and qualified municipalities such that the residents of a new incorporated municipality will continue to receive a benefit from that tax substantially equal to the benefit they would have received if the area covered by the municipality had not incorporated. The provisions of this article part shall be liberally construed to effectuate such intent.
48-8-102. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, there are created within this state 159 special districts. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of one of the 159 special districts. (b) When the imposition of a local sales and use tax is authorized according to the procedures provided in this article part within a special district, the county whose geographical boundary is conterminous with that of the special district shall levy a local sales and use tax at the rate of 1 percent. Except as to rate, the local sales and use tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the sales and use tax levied pursuant to this article part, except that the sales and use tax provided in this article part shall be applicable to sales of motor fuels as prepaid local tax as that such term is defined in Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3.
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(c)(1) Except as otherwise provided in paragraph (2) of this subsection, the proceeds of the sales and use tax levied and collected under this article part shall be used only for the purposes of funding capital outlay projects and of funding services within a special district equal to the revenue lost to the homestead exemption as provided in Code Section 48-8-104 and, in the event excess funds remain following the expenditure for such purposes, such excess funds shall be expended as provided in subparagraph (c)(2)(C) of Code Section 48-8-104. (2) Prior to January 1 of the year immediately following the first complete calendar year in which the sales and use tax under this article part is imposed, such proceeds may be used for funding all or any portion of those services which are to be provided by the governing authority of the county whose geographic boundary is conterminous with that of the special district pursuant to and in accordance with Article IX, Section II, Paragraph III of the Constitution of this state. (d) Such sales and use tax shall only be levied in a special district following the enactment of a local Act which provides for a homestead exemption of an amount to be determined from the amount of sales and use tax collected under this article part. Such exemption shall commence with taxable years beginning on or after January 1 of the year immediately following the first complete calendar year in which the sales and use tax under this article part is levied. Any such local Act shall incorporate by reference the terms and conditions specified under this article part. Any such local Act shall not be subject to the provisions of Code Section 1-3-4.1. Any such homestead exemption under this article part shall be in addition to and not in lieu of any other homestead exemption applicable to county taxes for county purposes within the special district. Notwithstanding any provision of such local Act to the contrary, the referendum which shall otherwise be required to be conducted under such local Act shall only be conducted if the resolution required under subsection (a) of Code Section 48-8-103 is adopted prior to the issuance of the call for the referendum under the local Act by the election superintendent. If such ordinance is not adopted by that date, the referendum otherwise required to be conducted under the local Act shall not be conducted. (e) No sales and use tax shall be levied in a special district under this article part in which a tax is levied and collected under Article 2 of this chapter.
48-8-103. (a) Whenever the governing authority of any county whose geographic boundary is conterminous with that of the special district wishes to submit to the electors of the special district the question of whether the sales and use tax authorized by Code Section 48-8-102 shall be imposed, any such governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of the governing authority calling for a referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of the imposition of the sales and use tax to the voters of the special district for approval or rejection. The election superintendent shall
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issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. Such election shall only be conducted on the date of and in conjunction with a referendum provided for by local Act on the question of whether to impose a homestead exemption within such county and based on the amount of proceeds from the sales and use tax levied and collected pursuant to this article part. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of such county. The ballot shall have written or printed thereon the following statement which shall precede the ballot question specified in this subsection and the ballot question specified by the required local Act:
'NOTICE TO ELECTORS: Unless BOTH the homestead exemption AND the retail homestead option sales and use tax are approved, then neither the exemption nor the sales and use tax shall become effective.' Such statement shall be followed by the following:
'( ) YES ( ) NO
Shall a retail homestead option sales and use tax of 1 percent be levied within the special district within _____________ County for the purposes of funding capital outlay projects and of funding services to replace revenue lost to an additional homestead exemption of up to 100 percent of the assessed value of homesteads from county taxes for county purposes?'
Notwithstanding any other provision of law to the contrary, the statement, ballot question, and local Act ballot question referred to in this subsection shall precede any and all other ballot questions calling for the levy or imposition of any other sales and use tax which are to appear on the same ballot. (b) All persons desiring to vote in favor of levying the sales and use tax shall vote 'Yes,' and those persons opposed to levying the tax shall vote 'No.' If more than onehalf of the votes cast are in favor of levying the tax and approving the local Act providing such homestead exemption, then the tax shall be levied in accordance with this article part; otherwise, the sales and use tax may not be levied, and the question of the imposition of the sales and use tax may not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be the superintendent's further duty to canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be borne by the county whose geographical boundary is conterminous with that of the special district holding the election. (c) If the imposition of the sales and use tax provided in Code Section 48-8-102 is approved in a referendum election as provided by subsections (a) and (b) of this Code section, the governing authority of the county whose geographical boundary is conterminous with that of the special district shall adopt a resolution during the first 30 days following the certification of the result of the election imposing the sales and use
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tax authorized by Code Section 48-8-102 on behalf of the county whose geographical boundary is conterminous with that of the special district. The resolution shall be effective on the first day of the next succeeding calendar quarter which begins more than 80 days after the adoption of the resolution. With respect to services which are billed on a regular monthly basis, however, the resolution shall become effective with the first regular billing period coinciding with or following the otherwise effective date of the resolution. A certified copy of the resolution shall be forwarded to the commissioner so that it will be received within five days after its adoption.
48-8-104. (a) The sales and use tax levied pursuant to this article part shall be exclusively administered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter except that the sales and use tax provided in this article part shall be applicable to sales of motor fuels as prepaid local tax as that such term is defined in Code Section 48-8-2; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the sales and use tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50. (b) Each sales and use tax return remitting sales and use taxes collected under this article part shall separately identify the location of each retail establishment at which any of the sales and use taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all sales and use taxes imposed by this article part are collected and distributed according to situs of sale. (c) The proceeds of the sales and use tax collected by the commissioner in each special district under this article part shall be disbursed as soon as practicable after collection as follows:
(1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; (2) Except for the percentage provided in paragraph (1) of this subsection and the amount determined under subsections (d) and (e) of this Code section, the remaining proceeds of the sales and use tax shall be distributed to the governing authority of the county whose geographical boundary is conterminous with that of the special district; provided, however, that a county and any qualified municipality shall be authorized by intergovernmental agreement to waive the equalization amount otherwise required under subsections (d) and (e) of this Code section and provide for a different
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distribution amount. In the event of such waiver, except for the percentage provided in paragraph (1) of this subsection, the remaining proceeds of the sales and use tax shall be distributed to the governing authority of the county whose geographical boundary is conterminous with that of the special district. As a condition precedent for the authority to levy the sales and use tax or to collect any proceeds from the tax authorized by this article part for the year following the first complete calendar year in which it is levied and for all subsequent years except the year following the year in which the sales and use tax is terminated under Code Section 48-8-106, the county whose geographical boundary is conterminous with that of the special district shall, except as otherwise provided in subsection (c) of Code Section 48-8-102, expend such proceeds as follows:
(A) A portion of such proceeds shall be expended for the purpose of funding capital outlay projects as follows:
(i) The governing authority of the county whose geographical boundary is conterminous with that of the special district shall establish the capital factor which shall not exceed .200 and, for a county in which a qualified municipality is located, shall not be less than the level required by subsection (d) of this Code section; therefore, at a minimum, the county shall set the capital factor at a level that yields an amount of capital outlay proceeds that is equal to or greater than the sum of all equalization amounts due qualified municipalities and existing municipalities under subsection (e) of this Code section; and (ii) Capital outlay projects shall be funded in an amount equal to the product of the capital factor multiplied by the net amount of the sales and use tax proceeds collected under this article part during the previous calendar year, and this amount shall be referred to as capital outlay proceeds in subsections (d) and (e) of this Code section; (B) A portion of such proceeds shall be expended for the purpose of funding services within the special district equal to the revenue lost to the homestead exemption as provided in this Code section as follows: (i) The homestead factor shall be calculated by multiplying the quantity 1.000 minus the capital factor times an amount equal to the net amount of sales and use tax collected in the special district pursuant to this article part for the previous calendar year, and then dividing by the taxes levied for county purposes on only that portion of the county tax digest that represents net assessments on qualified homestead property after all other homestead exemptions have been applied, rounding the result to three decimal places; (ii) If the homestead factor is less than or equal to 1.000, the amount of homestead exemption created under this article part on qualified homestead property shall be equal to the product of the homestead factor multiplied times the net assessment of each qualified homestead remaining after all other homestead exemptions have been applied; and (iii) If the homestead factor is greater than 1.000, the homestead exemption created by this article part on qualified homestead property shall be equal to the
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net assessment of each homestead remaining after all other homestead exemptions have been applied; and (C) If any of such proceeds remain following the distribution provided for in subparagraphs (A) and (B) of this paragraph and subsections (d) and (e) of this Code section: (i) The millage rate levied for county purposes shall be rolled back in an amount equal to such excess divided by the net taxable digest for county purposes after deducting all homestead exemptions including the exemption under this article part; and (ii) In the event the rollback created by division (i) of this subparagraph exceeds the millage rate for county purposes, the governing authority of the county whose boundary is conterminous with the special district shall be authorized to expend the surplus funds for funding all or any portion of those services which are to be provided by such governing authorities pursuant to and in accordance with Article IX, Section II, Paragraph III of the Constitution of this state. (d)(1) The commissioner shall distribute to the governing authority of each qualified municipality located in the special district a share of the capital outlay proceeds calculated as provided in this subsection and subsection (e) of this Code section which proceeds shall be expended for the purpose of funding capital outlay projects of such municipality. (2) Both the tax commissioner and the governing authority for the county in which a qualified municipality is located shall cooperate with and assist the commissioner in the calculation of the equalization amounts under subsection (e) of this Code section and shall, on or before July 1 of each year, provide to the commissioner and the governing authority of each qualified municipality written certification of the following: (A) The capital factor set by the county for the current calendar year; provided, however, that the capital factor may not exceed 0.200; (B) The total amount, if any, due to be paid to existing municipalities from the capital outlay proceeds as required by any intergovernmental agreement between the county and such municipalities; (C) The incorporated county millage rate in each qualified municipality; (D) The net homestead digest for each qualified municipality; (E) The total homestead digest; and (F) The unincorporated county millage rate. If the tax commissioner and the governing authority of the county fail to provide such certification on or before July 1, the commissioner shall not distribute to such county any additional proceeds of the sales and use tax collected after July 1 unless and until such certification is provided. (3) The commissioner shall then calculate the equalization amount due each qualified municipality based on the certifications provided by the tax commissioner and the governing authority of the county and pay such amount to the governing authority of each qualified municipality in six equal monthly payments as soon as practicable
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during or after each of the last six months of the current calendar year. In the event an existing municipality that has entered into an intergovernmental agreement with a county at any time before January 1, 2007, to receive capital outlay proceeds of the homestead option sales and use tax and such intergovernmental agreement has become or does become null and void for any reason, such existing municipality shall be treated under this article part the same as if it were a qualified municipality as defined in paragraph (4) of Code Section 48-8-101 and therefore receive payment of equalization amounts under this article part as provided for under this article part. The commissioner shall distribute to the governing authority of the county each month the net sales and use tax remaining after payment of equalization amounts to the qualified municipalities. (e)(1) As used in this subsection, the term:
(A) 'Equalization amount' means for a qualified municipality the product of the equalization millage times the net homestead digest for that qualified municipality. (B) 'Equalization millage' means for each qualified municipality the product of the homestead factor calculated pursuant to division (c)(2)(B)(i) of this Code section times the difference between the unincorporated county millage rate and the incorporated county millage rate for that qualified municipality. (C) 'Incorporated county millage rate' means the millage rate for all ad valorem taxes for county purposes levied by the county in each of the qualified municipalities in the county. (D) 'Net homestead digest' means for each qualified municipality the total net assessed value of all qualified homestead property located in that portion of the qualified municipality located in the county remaining after all other homestead exemptions are applied. (E) 'Total homestead digest' means the total net assessed value of all qualified homestead property located in the county remaining after all other homestead exemptions are applied. (F) 'Unincorporated county millage rate' means the millage rate for all ad valorem taxes for county purposes levied by the county in the unincorporated areas of the county. (2) For illustration purposes, a hypothetical example of the calculation of the equalization amount is provided below.
First, calculate the homestead factor in accordance with division (c)(2)(B)(i) of this Code section as follows:
(A) Capital factor certified by county as required by subsection (d) of this Code section
0.150
(B) Net amount of sales and use tax collected in the special district pursuant to this article part for the previous calendar year
$ 50 million
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(C) Taxes levied for county purposes on only that portion of the county tax digest that represents net assessments on qualified homestead property after all other homestead exemptions have been applied
$100 million
(D) Calculation of homestead factor using figures above
.425
= [(1-.0150)($50 million/$100 million)]
Next, calculate the equalization amount in accordance with paragraph (1) of this subsection as follows:
(E) Unincorporated county millage rate
15.0 mills
(F) Minus the incorporated county millage rate for qualified municipality 'Y'
(10.0 mills)
= 5.0 mills
(G) Times homestead factor (calculated above)
x .425
(H) Equals the equalization millage:
= 2.125 mills
(I) Times net homestead digest for qualified municipality 'Y'
$200 million
(J) Equals the equalization amount payable to municipality 'Y'
$ 425,000.00
(3) In the event the total amount payable in a calendar year to all existing municipalities as certified by the county pursuant to subparagraph (d)(2)(B) of this Code section plus the total equalization amount payable to all qualified municipalities in the special district exceeds the capital outlay proceeds calculated based on a maximum capital factor of 0.200, the commissioner shall pay to the governing authority of each qualified municipality a share of such proceeds calculated as follows:
(A) Determine the capital outlay proceeds based on a maximum capital factor of 0.200; (B) Subtract the amount certified by the county as payable to existing municipalities pursuant to subparagraph (d)(2)(B) of this Code section; (C) The remaining amount equals the portion of the capital outlay proceeds that may be used by the commissioner to pay equalization amounts to qualified municipalities. The commissioner shall calculate each qualified municipality's share of such remaining amount by dividing the net homestead digest for each qualified municipality by the total homestead digest for all municipalities. (4) In the event the incorporated county millage rate for a qualified municipality is greater than the unincorporated county millage rate, no payment shall be due from the
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governing authority of the qualified municipality to the governing authority of the county. (5) In the event the amount of capital outlay proceeds exceeds the sum of the equalization amounts due all qualified municipalities plus the total amount certified under subparagraph (d)(2)(B) of this Code section as due all existing municipalities, the commissioner shall distribute to each qualified municipality a portion of such excess equal to the net homestead digest for such municipality divided by the total homestead digest. (6) If any qualified municipality is located partially in the county then only that portion so located shall be considered in the calculations contained in this subsection.
48-8-105. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within the this state or in a tax jurisdiction outside the this state, the sales and use tax may be credited against the sales and use tax authorized to be imposed by this article part upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article part, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article part. The commissioner may require such proof of payment in another local tax jurisdiction as the commissioner deems necessary and proper. No credit shall be granted, however, against the sales and use tax imposed under this article part for tax paid in another jurisdiction if the sales and use tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the special district or in the county which is conterminous with the special district; and sales and use taxes so paid in another jurisdiction shall be credited first against the sales and use tax levied under this article part and then against the sales and use tax levied under Article 3 of this chapter, if applicable.
48-8-106. (a) Whenever the governing authority of any county whose geographic boundary is conterminous with that of the special district in which the sales and use tax authorized by this article part is being levied wishes to submit to the electors of the special district the question of whether the sales and use tax authorized by Code Section 48-8-102 shall be discontinued, the governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of the governing authority calling for the referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of discontinuing the levy of the sales and use tax to the voters of the special district 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. Such election shall only be conducted only on the date of and
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in conjunction with a referendum provided for by local Act on the question of whether to repeal the homestead exemption within such county which is funded from the proceeds of the sales and use tax levied and collected pursuant to this article part. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of such county. The ballot shall have written or printed thereon the following:
'( ) YES ( ) NO
Shall the 1 percent retail homestead option sales and use tax being levied within the special district within ____________ County for the purposes of funding capital outlay projects and of funding services to replace revenue lost to an additional homestead exemption of up to 100 percent of the assessed value of homesteads from county taxes for county purposes be terminated?'
(b) All persons desiring to vote in favor of discontinuing the sales and use tax shall vote 'Yes,' and those persons opposed to discontinuing the tax shall vote 'No.' If more than one-half of the votes cast are in favor of discontinuing the sales and use tax and repealing the local Act providing for such homestead exemption, then the sales and use tax shall cease to be levied on the last day of the taxable year following the taxable year in which the commissioner receives the certification of the result of the election; otherwise, the sales and use tax shall continue to be levied, and the question of the discontinuing of the tax may not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be the superintendent's further duty to canvass the returns, declare and certify the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be borne by the county whose geographical boundary is conterminous with that of the special district holding the election.
48-8-107. No sales and use tax provided for in Code Section 48-8-102 shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the special district in which the sales and use tax is imposed under this article part regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier licensed by the Federal Motor Carrier Safety Administration or the Georgia Department of Public Safety.
48-8-108. (a) As used in this Code section, the term 'building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the
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materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract. (b) No sales and use tax provided for in Code Section 48-8-102 shall be imposed in such a special district upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to approval of the levy of the sales and use tax by the county whose geographical boundary is conterminous with that of the special district and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to approval of the levy of the sales and use tax.
48-8-109. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the sales and use tax authorized to be imposed by this article part.
Part 2
48-8-109.1. This part shall be known and may be cited as the 'Equalized Homestead Option Sales Tax Act of 2015.'
48-8-109.2. In any county where a homestead option sales and use tax under Part 1 of this article and a sales tax for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment, are being levied, the county governing authority may choose to submit to the electors of the special district the question of whether to suspend the sales and use tax authorized by Code Section 48-8-102 and replace such tax with a sales and use tax authorized by this part. Such referendum shall only be held in conjunction with a referendum submitting to the electors of the special district the question of whether to approve a special purpose local option sales and use tax pursuant to the provisions of Part 1 of Article 3 of this chapter. The electors of the special district must approve both of the sales and use taxes in order for either of them to be implemented. If either of the sales and use taxes is not approved by the electors, the homestead option sales and use tax under Part 1 of this article shall be continued in full force and effect.
48-8-109.3. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, there are created within this state 159 special districts. The
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geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of one of the 159 special districts. (b) When the imposition of a local sales and use tax is authorized according to the procedures provided in this part within a special district, the county whose geographical boundary is conterminous with that of the special district shall levy a local sales and use tax at the same rate as provided in Part 1 of this article. Except as otherwise provided in this part, the local sales and use tax shall correspond to the tax imposed and administered by Part 1 of this article. The local sales and use tax levied pursuant to this part shall apply to all items and transactions subject to taxation pursuant to Part 1 of this article. No item or transaction which is not subject to taxation pursuant to Part 1 of this article shall be subject to the tax levied pursuant to this part. (c) No sales and use tax shall be levied in a special district under this part in which a tax is levied and collected under Article 2 of this chapter.
48-8-109.4. (a) Whenever the governing authority of any county whose geographic boundary is conterminous with that of the special district wishes to submit to the electors of the special district the question of whether the sales and use tax authorized by this part shall be imposed, any such governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of the governing authority calling for a referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of the imposition of the sales and use tax to the voters of the special district 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 21-2540. Such election shall only be held in conjunction with a referendum submitting to the electors of the special district the question of whether to approve a special purpose local option sales and use tax pursuant to the provisions of Part 1 of Article 3 of this chapter. The electors of the special district must approve both of the sales and use taxes in order for either of them to be implemented. If either of the taxes is not approved by the electors, the homestead option sales and use tax under Part 1 of this article shall be continued in full force and effect. If the sales and use tax under Part 1 of Article 3 of this chapter is not renewed, the sales and use tax under Part 1 of this article shall replace the sales and use tax under this part upon expiration of the sales and use tax under Part 1 of Article 3 of this chapter. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of such county. The ballot shall have written or printed thereon the following statement which shall precede the ballot question specified in this subsection:
'NOTICE TO ELECTORS: Unless BOTH the equalized homestead option sales and use tax AND the special purpose local option sales and use tax are approved, then neither sales and use tax shall become effective.'
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Such statement shall be followed by the following:
'( ) YES ( ) NO
Shall an equalized homestead option sales and use tax be levied and the regular homestead option sales and use tax be suspended within the special district within _____________ County for the purposes of reducing the ad valorem property tax millage rates levied by county and municipal governments on homestead properties?'
Notwithstanding any other provision of law to the contrary, the statement and ballot question referred to in this subsection shall precede any and all other ballot questions which are to appear on the same ballot. (b) All persons desiring to vote in favor of levying the sales and use tax shall vote 'Yes,' and those persons opposed to levying the tax shall vote 'No.' If more than onehalf of the votes cast are in favor of levying the tax, then the tax shall be levied in accordance with this part; otherwise, the sales and use tax may not be levied, and the question of the imposition of the sales and use tax may not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be the superintendent's further duty to canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be borne by the county whose geographical boundary is conterminous with that of the special district holding the election. (c) If the imposition of the sales and use tax provided in this part is approved in a referendum election as provided by subsections (a) and (b) of this Code section, the governing authority of the county whose geographical boundary is conterminous with that of the special district shall adopt a resolution during the first 30 days following the certification of the result of the election imposing the sales and use tax authorized in this part on behalf of the county whose geographical boundary is conterminous with that of the special district. The resolution shall be effective on the first day of the next succeeding calendar quarter which begins more than 80 days after the adoption of the resolution. With respect to services which are billed on a regular monthly basis, however, the resolution shall become effective with the first regular billing period coinciding with or following the otherwise effective date of the resolution. A certified copy of the resolution shall be forwarded to the commissioner so that it will be received within five days after its adoption.
48-8-109.5. (a) The sales and use tax levied pursuant to this part shall be exclusively administered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this
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chapter except that the sales and use tax provided in this part shall be applicable to sales of motor fuels as prepaid local tax as such term is defined in Code Section 48-8-2, to the same extent that sales of motor fuels are subject to taxation pursuant to Part 1 of this article; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the sales and use tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50. (b) Each sales and use tax return remitting sales and use taxes collected under this part shall separately identify the location of each retail establishment at which any of the sales and use taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all sales and use taxes imposed by this part are collected and distributed according to situs of sale. (c) The proceeds of the sales and use tax collected by the commissioner in each special district under this part shall be disbursed as soon as practicable after collection as follows:
(1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; and (2) The remaining proceeds shall be disbursed to the governing authority of the county whose geographical boundary is conterminous with that of the special district, and each municipality located wholly or partially therein, and shall be utilized as follows:
(A) First, the proceeds shall be used to roll back, and eliminate if possible, the millage rates for any county ad valorem property tax line items levied uniformly throughout the county on homestead properties, including in all municipalities; and (B) Next, any remaining proceeds shall be used to roll back at an equal and uniform rate across both of the following categories, and eliminate if possible:
(i) The millage rates for any county ad valorem property tax line items levied only in unincorporated portions of the county on homestead properties; and (ii) The millage rates for any municipal ad valorem property tax line items levied in every municipality located wholly or partially in the county on homestead properties but not in unincorporated portions of the county. If any municipality is located partially in the special district, then only that portion so located shall be considered in the calculations contained in this subsection. (d) The form to collect ad valorem tax prepared by the county tax commissioner shall reflect the full amount owed by the taxpayer pursuant to the millage rates set by the county governing authority and any municipal governing authority. Under a separate heading, the form shall reflect the deductions from the gross ad valorem tax amount realized through the application of proceeds from the equalized homestead option sales and use tax.
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(e) Notwithstanding any provision of law to the contrary except subsection (f) of this Code section, in any county levying a tax under this part, a tax levied pursuant to the provisions of Part 1 of Article 3 of this chapter in a special district in such county shall be strictly divided between the unincorporated portions of the county whose geographical boundary is conterminous with that of the special district and the municipalities wholly or partially located within the special district on a per capita basis, based on the most recent decennial census, unless altered by an intergovernmental agreement between the county and all municipalities wholly located within the special district. For as long as a municipality located within the special district and incorporated after the effective date of this Code section does not maintain the roads, streets, sidewalks, and bicycle paths within its territorial boundaries and relies upon the county governing authority for such maintenance, such municipality's per capita share of the proceeds of the tax levied pursuant to Part 1 of Article 3 of this chapter shall be paid to the county governing authority. Notwithstanding any provision of law to the contrary, the department shall disburse directly to the county and each municipality its share of the proceeds of the tax levied pursuant to Part 1 of Article 3 of this chapter. (f) The tax levied in the special district under Part 1 of Article 3 of this chapter shall not be levied within the boundaries of any municipality wholly or partially located within the special district that is levying a tax pursuant to Article 4 of this chapter. No proceeds from the tax levied in the special district under Part 1 of Article 3 of this chapter shall be disbursed to any such municipality. Upon the expiration of the tax levied under Article 4 of this chapter in such municipality, the tax in the special district under Part 1 of Article 3 of this chapter shall be levied within such municipality and proceeds shall be disbursed to such municipality in accordance with this part.
48-8-109.6. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within this state or in a tax jurisdiction outside this state, the sales and use tax may be credited against the sales and use tax authorized to be imposed by this part upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this part, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this part. The commissioner may require such proof of payment in another local tax jurisdiction as the commissioner deems necessary and proper. No credit shall be granted, however, against the sales and use tax imposed under this part for tax paid in another jurisdiction if the sales and use tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the special district or in the county which is conterminous with the special district; and sales and use taxes so paid in another jurisdiction shall be credited first against the sales and use tax levied under this part and then against the sales and use tax levied under Article 3 of this chapter, if applicable.
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48-8-109.7. (a) Whenever the governing authority of any county whose geographic boundary is conterminous with that of the special district in which the sales and use tax authorized by this part is being levied wishes to submit to the electors of the special district the question of whether the sales and use tax authorized by this part shall be discontinued, the governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of the governing authority calling for the referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of discontinuing the levy of the sales and use tax to the voters of the special district 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. Such election shall be conducted only on the date of and in conjunction with an election to repeal the special purpose local option sales and use tax pursuant to the provisions of Part 1 of Article 3 of this chapter. If either such sales and use tax is repealed, then both such sales and use taxes shall be repealed and the sales and use tax under Part 1 of this article shall replace the sales and use tax that was imposed under this part. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of such county. The ballot shall have written or printed thereon the following:
'( ) YES ( ) NO
Shall the equalized homestead option sales and use tax being levied within the special district within _____________ County for the purposes of reducing the ad valorem property tax millage rates levied by county and municipal governments on homestead properties be terminated?'
(b) All persons desiring to vote in favor of discontinuing the sales and use tax shall
vote 'Yes,' and those persons opposed to discontinuing the tax shall vote 'No.' If more
than one-half of the votes cast are in favor of discontinuing the sales and use tax, then
the sales and use tax shall cease to be levied on the last day of the taxable year following the taxable year in which the commissioner receives the certification of the result of the election; otherwise, the sales and use tax shall continue to be levied, and the question of discontinuing the tax may not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be the superintendent's further duty to canvass the returns, declare and certify the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be borne by the county whose geographical boundary is conterminous with that of the special district holding the election.
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48-8-109.8. No sales and use tax provided for in this part shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the special district in which the sales and use tax is imposed under this part regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier licensed by the Federal Motor Carrier Safety Administration or the Georgia Department of Public Safety.
48-8-109.9. (a) As used in this Code section, the term 'building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract. (b) No sales and use tax provided for in this part shall be imposed in a special district upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to approval of the levy of the sales and use tax by the county whose geographical boundary is conterminous with that of the special district and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to approval of the levy of the sales and use tax.
48-8-109.10. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the sales and use tax authorized to be imposed by this part."
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 Jacobs of the 80th moved that the House agree to the Senate substitute to HB 215.
On the motion, the roll call was ordered and the vote was as follows:
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Y Abrams Y Alexander N Allison Y Anderson N Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague Y Bell N Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick N Brockway Y Brooks
Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M N Cantrell Y Carson Y Carter N Casas Y Chandler Y Cheokas N Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson N Dollar Y Douglas Y Drenner N Dudgeon Y Dukes E Dunahoo N Duncan Y Ealum N Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon N Gravley Y Greene Y Hamilton
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins Y Henson N Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, J.B. Y Jones, L
Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd
Kirby Knight Y LaRiccia Lumsden Y Mabra Y Marin N Martin Y Maxwell Y Mayo N McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal N Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J Y Prince Y Pruett N Quick N Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves N Rhodes Y Rice
Roberts Y Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R
Stephenson Y Stovall N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch Y Weldon N Werkheiser 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 32.
The motion prevailed.
HB 520. By Representatives Taylor of the 79th, Holcomb of the 81st, Fleming of the 121st and Rynders of the 152nd:
A BILL to be entitled an Act to incorporate the City of LaVista Hills in DeKalb County; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
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To incorporate the City of LaVista Hills in DeKalb County; to provide for a charter for the City of LaVista Hills; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for codes; to provide for a charter commission; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, city attorney, city clerk, city tax collector, city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for ethics and disclosures; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for audits; to provide for homestead exemptions; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates and transitional provisions governing the transfer of various functions and responsibilities from DeKalb County to the City of LaVista Hills; to provide for legislative intent; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I CREATION, INCORPORATION, POWERS
SECTION 1.01. Incorporation.
This Act shall constitute the charter of the City of LaVista Hills, Georgia. The City of LaVista Hills, Georgia, in the County of DeKalb, and the inhabitants thereof, are constituted and declared a body politic and corporate under the same name and style of the "City of LaVista Hills" and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all courts of law and equity, and in all actions whatsoever, and may have and use a common seal.
SECTION 1.02. Corporate boundaries.
The boundaries of the City of LaVista Hills shall be those set forth and described in Appendix A of this charter, and said Appendix A is incorporated into and made a part of this charter. Any part of the City of LaVista Hills which is included in the description contained in Appendix A shall nevertheless not be included within the corporate
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boundaries of the City of LaVista Hills if such area was annexed into another corporate boundary before March 2, 2015. The city clerk shall maintain a current map and written legal description of the corporate boundaries of the city, and such map and description shall incorporate any changes which may hereafter be made in such corporate boundaries.
SECTION 1.03. Powers and construction.
(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this Act. This city shall have all the powers of selfgovernment not otherwise prohibited by this Act or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following:
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl; to provide for the impoundment of the same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades to the extent permitted by general law; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees;
(5)(A) Condemnation. To condemn property inside the corporate limits of the city for present or future use and for any public purpose deemed necessary by the city council utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; and (B) The city shall have the right to condemn and cause to be remediated or removed any building, structure, or existing condition within its corporate limits that is dangerous to life, limb, or property by reasons of decay, dilapidation, or unsanitary
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condition. Nothing in this subparagraph shall be construed to relieve the city of any duty to give owners or interested persons reasonable notice and opportunity to remedy the situation. Nothing in this subparagraph shall be construed as relieving the city of liability to any interested person for damages to person or property taken or destroyed in furtherance of this subparagraph. This subparagraph shall not be construed as authorizing the doing of any act or thing contrary to the Constitution of this state and the policy of the general laws of this state. The city shall have authority to adopt reasonable ordinances and resolutions for the purpose of carrying out this subparagraph; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city; and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Employee benefits. To provide and maintain a retirement plan, insurance, and such other employee benefits for appointed officers and employees of the city as are determined by the city council; (9) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the enactment of ordinances that preserve and improve air quality, restore and maintain water resources, control erosion and sedimentation, manage storm water and establish a storm-water utility, manage solid and hazardous waste, and provide other necessary or beneficial actions for the protection of the environment. These ordinances shall include, without limitation, ordinances that protect, maintain, and enhance the public health, safety, environment, and general welfare and minimize public and private losses due to flood conditions in flood hazard areas, as well as protect the beneficial uses of flood plain areas for water quality protection, stream bank and stream corridor protection, wetlands preservation, and ecological and environmental protection. Such ordinances may require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; may restrict or prohibit uses which are dangerous to health, safety, and property due to flooding or erosion hazards, or which increase flood heights, velocities, or erosion; may control filling, grading, dredging, and other development which may increase flood damage or erosion; may prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; may limit the alteration of natural flood plains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; and may protect the storm-water management, water quality, stream bank protection, stream corridor protection, wetland preservation, and ecological functions of natural flood plain areas; (10) Ethics. To adopt ethics ordinances and regulations governing such things as, but not limited to, the conduct of city elected officials, appointed officials, contractors,
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vendors, and employees, establishing procedures for ethics complaints, and setting forth penalties for violations of such rules and procedures; (11) 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 punishments for violations thereof; (12) Garbage fees. To levy, fix, assess, and collect garbage, refuse, and trash collection and disposal and other sanitary service charges, taxes, or fees for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein that benefit from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges, taxes, or fees; (13) 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; (14) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (15) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (16) Homestead exemption. To establish and maintain procedures for offering homestead exemptions to residents of the city and to maintain current homestead exemptions of residents of the city as authorized by Acts of the General Assembly; (17) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; to provide for the use of pretrial diversion and any alternative sentencing allowed by law; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (18) 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; (19) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, and offices not specified in this charter and commissions, authorities, and agencies of the city; and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (20) 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;
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(21) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (22) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of the same by the public; and to prescribe penalties and punishments for violations thereof; (23) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, storm-water management, gasworks, electricitygenerating plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (24) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (25) 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; (26) Planning and zoning. To provide comprehensive city planning for city land use, signage and outside advertising, and development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (27) Police and fire protection. To exercise the power of arrest through duly appointed police officers; and to establish, operate, or contract for police and firefighting agencies; (28) Public hazards; removal. To provide for the destruction and removal of any building or other structure that is or may become dangerous or detrimental to the public; (29) Public improvements. To provide for the acquisition, construction, building, operation, maintenance, or abolition of public ways, parks and playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside the corporate limits of the city and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (30) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (31) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (32) Public utilities and services. To grant franchises or make contracts for, or impose taxes on, public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the
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service to be provided by the franchise grantee or contractor, insofar as these are not in conflict with valid regulations of the Public Service Commission; (33) 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 punishments for violations of such ordinances; (34) Roadways. To lay out, open, extend, widen, narrow, establish, change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements, subject to referendum; (37) Taxes; ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; provided, however, that:
(A) The millage rate imposed for ad valorem taxes on real property shall not exceed 5.00 unless a higher limit is recommended by resolution of the city council and approved by a majority vote of the qualified voters of the City of LaVista Hills voting on the issue in a referendum; provided that the amount of millage associated with the creation of special tax districts pursuant to Article IX, Section II, Paragraph VI of the Constitution of the State of Georgia shall not count as part of the 5.00 millage rate limit in this subsection since such millage is already subject to approval by the electors of the city in a separate referendum; (B) For all years, the fair market value of all property subject to taxation shall be determined according to the tax digest of DeKalb County, as provided in Code Section 48-5-352 of the O.C.G.A.; and (C) Notwithstanding the provisions of subparagraph (A) above, the mayor and city council shall be authorized to create a Special Service District fund for the provision of fire and rescue services, to create a Special Service District fund for the provision of solid waste disposal services, and to levy ad valorem taxes on real property not to exceed the average of said taxes levied by DeKalb County for the provision of the same services for the previous five years prior to the cutover of the services;
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(38) Taxes: other. To levy and collect such other taxes and fees as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; to inspect such vehicles and mandate standards of safety and cleanliness; and to regulate the parking of such vehicles; (40) Tourism, conventions, and trade shows. To provide for the structure, operation, or management of the LaVista Hills Convention and Visitors Bureau created pursuant to Section 1.05 of this charter and to authorize the City of LaVista Hills to contract with private sector nonprofit organizations or other governmental agencies to promote tourism, conventions, and trade shows; (41) Urban redevelopment. To organize and operate an urban redevelopment program; and (42) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and any listing of particular powers in this charter shall not be held to be exclusive of others or restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.04. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this 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.
SECTION 1.05. Tourism; conventions; trade shows.
The LaVista Hills Convention and Visitors Bureau is hereby created.
Reserved.
SECTION 1.06.
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ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, LEGISLATIVE BRANCH
SECTION 2.01. City council creation; number; election.
(a) The legislative authority of the government of the City of LaVista Hills, except as otherwise specifically provided in this charter, shall be vested in a city council of which the mayor shall be a voting member to the extent provided in subsection (a) of Section 2.10 of this charter.
(b)(1) The city council of LaVista Hills, Georgia, shall consist of six members plus the mayor. (2) There shall be six council districts, designated Council Districts 1 through 6, as described in Appendix B of this Act, which is attached to and made a part of this charter. (3) One councilmember shall be elected from each of the six Council Districts 1, 2, 3, 4, 5, and 6, respectively. Each person desiring to offer as a candidate for councilmember for such posts shall designate the council district for which he or she is offering. Councilmembers for such posts shall be elected by a majority vote of the qualified electors of the respective council districts voting at the elections of the city. In the event that no candidate for a council district obtains a majority vote of the qualified electors of the council district voting in the election, a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election for such council district shall be included in the run-off election. The candidate receiving the highest number of votes of the qualified electors of the council district voting at such run-off election shall be elected. Each candidate for election to the city council shall reside in the district which he or she seeks to represent. (c) With the exception of the initial terms set forth in subsection (d) of this section, councilmembers shall be elected to terms of four years and until their successors are elected and qualified on a staggered basis in alternate election cycles such that every two years three councilmembers are up for election. (d) In order to assure staggered elections of the councilmembers, in the first election of the city council, the terms for the candidates elected for Council Districts 1, 3, and 5 shall expire upon the administration of the oath of office to their successors elected in the regular election to be held in November, 2017, as provided in subsection (b) of Section 2.02 of this charter. The terms for the candidates elected for Council Districts 2, 4, and 6 shall expire upon the administration of the oath of office to their successors elected in the regular election to be held in November, 2019. Thereafter, a successor to each councilmember shall be elected at the November election immediately preceding the end of such councilmember's term of office, and the term of each councilmember shall expire upon the administration of the oath of office to his or her successor. (e) With the exception of the initial term of office, the mayor of the City of LaVista Hills, with the powers and duties specified herein, shall be elected to a term of four years and until his or her successor is elected and qualified. The mayor shall be elected by a
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majority vote of the qualified electors of the city at large voting at the elections of the city. In the event that no candidate for mayor obtains a majority vote of the qualified electors of the city at large voting at the elections of the city, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election shall be included in the run-off election and the candidate receiving the highest number of votes in the runoff of the qualified electors of the city at large voting at such runoff shall be elected. The term of the first elected mayor shall expire upon the administration of the oath of office to his or her successor elected in the regular election to be held in November, 2019, as provided in subsection (b) of Section 2.02. Thereafter, the successor to each mayor shall be elected at the November election immediately preceding the end of such mayor's term of office, and the term of each mayor shall expire upon the administration of the oath of office to his or her successor.
SECTION 2.02. Mayor and councilmembers; terms; qualifications for office.
(a) For all elections subsequent to the first election, the mayor and councilmembers shall serve for terms of four years and until their terms shall expire upon the administration of the oath of office to their successors. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the City of LaVista Hills for a continuous period of at least 12 months immediately prior to the date of the election for mayor or councilmember, shall continue to reside therein during that person's period of service, and shall continue to be registered and qualified to vote in municipal elections of the City of LaVista Hills. In addition to the above requirements, no person shall be eligible to serve as a councilmember representing a council district unless that person has been a resident of the district such person seeks to represent for a continuous period of at least six months immediately prior to the date of the election for councilmember and continues to reside in such district during that person's period of service. (b) An election shall be held on the date of the 2016 presidential preference primary to elect the first mayor and city council. At such election, the first mayor and city council shall be elected to serve for the initial terms of office specified in subsections (d) and (e) of Section 2.01 of this charter. Thereafter, the time for holding regular municipal elections shall be on the Tuesday next following the first Monday in November of each odd-numbered year beginning in 2017. (c) The number of successive terms an individual may hold the position of mayor and may hold a position as a councilmember of any council district shall be limited to two terms. An individual who serves as mayor or serves as a councilmember of any council district for either one term or two consecutive terms may stand for subsequent election of any office other than his or her current elected office.
SECTION 2.03. Vacancy; filling of vacancies; suspensions.
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(a) Elected officials of the city shall not hold other elected or public offices. The elected offices of the city's government shall become vacant upon the member's death, resignation, removal, or forfeiture of office. The following shall result in an elected city official forfeiting his or her office:
(1) Violating the provisions of this charter; (2) Being convicted of, or pleading guilty or "no contest" to, a felony or a crime of moral turpitude; or (3) Failing to attend one-third of the regular meetings of the city council in a threemonth period without being excused by the council. (b) The office of mayor shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those councilmembers remaining shall appoint a successor for the remainder of the term. This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor. (c) The office of a councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of a councilmember shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the mayor shall appoint a successor for the remainder of the term, subject to the approval of the city council or those councilmembers remaining. This provision shall also apply to a temporary vacancy created by the suspension from office of a councilmember.
SECTION 2.04. Nonpartisan elections.
Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designation.
SECTION 2.05. Election votes.
The candidates for mayor and city council who receive a majority vote of the qualified electors of the city voting at the elections of the city shall be elected to a term of office.
SECTION 2.06. Applicability of general laws; qualifying; other provisions.
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All elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended or otherwise provided by law. Except as otherwise provided by this charter, the city council shall, by ordinance or resolution, prescribe such rules and regulations as it deems appropriate including, but not limited to, the establishment of qualifying fees, to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended or otherwise provided by law.
SECTION 2.07. Compensation and expenses.
The annual salary of the mayor shall be $16,000.00 and the annual salary for each councilmember shall be $12,000.00. Such salaries shall be paid from municipal funds in monthly installments. To the extent not available for provision by the city through the purchasing department, the mayor and each councilmember shall be reimbursed for the reasonable amount of their expenses actually and necessarily incurred by them in carrying out their duties as elected officials of the city.
SECTION 2.08. Inquiries and investigations.
The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance.
SECTION 2.09. Meetings; oath of office; mayor pro tempore.
(a) The city council shall meet on the first working day in January immediately following each regular municipal election. The meeting shall be called to order by the mayor-elect and the oath of office shall be administered collectively to the newly elected mayor and councilmembers by a judicial officer authorized to administer oaths. The oath shall, to the extent that it comports with federal and state law, be as follows:
"I do solemnly swear or affirm that I will faithfully execute the office of [councilmember or mayor, as the case may be] of the City of LaVista Hills and will, to the best of my ability, support and defend the Constitution of the United States, the Constitution of Georgia, and the charter, ordinances, and regulations of the City of LaVista Hills. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I, by the laws of the State of Georgia, am prohibited from holding. I am
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otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of my district and the City of LaVista Hills for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interests of the City of LaVista Hills to the best of my ability without fear, favor, affection, reward, or expectation thereof." (b) Following the induction of the mayor and councilmembers, the city council, by a majority vote of the councilmembers, shall elect a councilmember to be mayor pro tempore, who shall serve for a term of two years and until a successor is elected and qualified. The number of successive terms an individual may hold the position of mayor pro tempore shall be unlimited. (c) The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's temporary disability, suspension, or absence. If the mayor pro tempore is absent because of sickness or disqualification, any one of the remaining councilmembers, chosen by the councilmembers present, shall be clothed with all the rights and privileges of the mayor as described herein and shall perform the mayor's duties in the same manner as the mayor pro tempore. (d) The city council shall, at least once a month, hold regular meetings at such times and places as prescribed by ordinance. The city council may recess any regular meeting and continue such meeting on any day or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (e) Special meetings of the city council may be held on the call of either the mayor or two councilmembers. Notice of such special meetings shall be delivered to all councilmembers, the mayor, and the city manager personally, by registered mail, or by electronic means at least 24 hours in advance of the meeting. Such notice shall not be required if the mayor, all councilmembers, and city manager are present when the special meeting is called. Such notice of any special meeting may be waived by the mayor, a councilmember, or the city manager in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice. The notice of such special meeting shall state what business is to be transacted at the special meeting. Only the business stated in the notice of the call shall be transacted at the special meeting.
SECTION 2.10. Quorum; voting.
(a) Four members of the city council shall constitute a quorum and shall be authorized to transact business for the city council. The mayor shall be counted toward the making of a quorum. Voting on the adoption of ordinances shall be taken by voice vote and the yeas and nays shall be recorded in the minutes, but on the request of any member there shall be a roll-call vote. In order for any ordinance, resolution, motion, or other action of the city council to be adopted, the measure must receive at least four affirmative votes. No member of the city council shall abstain from voting on any matter properly brought before the city council for official action, except when such councilmember has a reason which is disclosed in writing prior to or at the meeting and made a part of the minutes. If
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any member of the city council is present and eligible to vote on a matter and refuses to do so for a reason he or she will not disclose, he or she shall be deemed to have voted with the majority of the votes of the other councilmembers on the issue involved. The mayor shall vote only in the event of a tie or in the case where his or her vote will provide the number of votes necessary for approval of a matter. (b) The following types of actions require an ordinance in order to have the force of law:
(1) Adopt or amend an administrative code or establish, alter, or abolish a department, agency, or office not specified in this charter; (2) Provide for fines or other penalties; (3) Levy taxes; (4) Grant, renew, or extend a franchise; (5) Regulate a rate for a public utility; (6) Authorize the borrowing of money; (7) Convey, lease, or encumber city land; (8) Regulate land use and development; and (9) Amend or repeal an ordinance already adopted. (c) The city council shall establish by ordinance procedures for convening emergency meetings. In an emergency, an ordinance may be passed without notice or hearings if the city council passes the ordinance by three-fourths vote; provided, however, that the city council cannot in an emergency meeting: (1) Levy taxes; (2) Grant, renew, or extend a franchise; (3) Regulate a rate for a public utility; or (4) Borrow money.
SECTION 2.11. General power and authority of the city council.
(a) Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of the City of LaVista Hills as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of LaVista Hills and may enforce such ordinances by imposing penalties for violations thereof.
SECTION 2.12. Administrative and service departments.
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(a) Except for the office of city manager and the elected positions provided for in this charter, the city council, by ordinance, may establish, abolish, merge, or consolidate offices not specified in this charter, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The city council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and city council.
SECTION 2.13. Prohibitions.
(a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others, except as required by law; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; "valuable" shall be an amount determined by the city council; provided, however, that the amount shall not exceed $100.00; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she, or members of his or her family, has a financial interest.
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(b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any permissible contract or matter pending before or within any department of the city shall disclose such private interest to the city council. "Private financial interest" shall include interests of family. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose in writing such private interest and such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies or any member of his or her family shall use property owned by such governmental entity for personal benefit, convenience, or profit. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the city council shall hold any other elective city office or be employed by any city or county government during the term for which he or she is elected. (f) No elected official, appointed officer, or employee of the city or any agency, board, authority, bureau, or any other political entity to which this charter applies nor any member of such person's family, nor any person who has an employment or other personal relationship with such person, may contract with the city, either directly or indirectly or through any entity in which such person has a financial or employment interest, for the provision of goods, professional services, other services, construction or rehabilitation of improvements, or any other procurement request by the city. (g) "Family" shall, for purposes of this section, include the parents, aunts, uncles, nieces, nephews, siblings, spouse, and children of such person and shall also include the parents, siblings, spouses, and children of any of the foregoing family members.
SECTION 2.14. Boards, commissions, or authorities.
(a) All members of boards, commissions, or authorities of the city shall be appointed by the mayor subject to confirmation by the city council for such term of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. (b) No member of any board, commission, or authority of the city shall hold any elective office in the city. Councilmembers and the mayor, however, may serve as ex officio members of such boards, commissions, or authorities, without a vote.
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(c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for original appointment, except as otherwise provided by this charter or any applicable law of the State of Georgia. (d) No member of any board, commission, or authority shall assume office until he or she shall have executed and filed with the designated officer of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the city council. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the councilmembers in accordance with state laws. (f) Members of boards, commissions, or authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) Except as otherwise provided by this charter or applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or applicable state law as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the designated officer of the city.
SECTION 2.15. Ordinance form; procedures.
(a) Every proposed ordinance and resolution shall be introduced in writing and the city council shall have the authority to approve, disapprove, or amend the same. A resolution may be passed at the time it is offered, but an ordinance shall not be adopted until the title of such ordinance shall have been read at two city council meetings, provided that the beginnings of such meetings are neither less than 24 hours nor more than 60 days apart. This requirement of two readings shall not apply to emergency ordinances, to ordinances passed during the first 90 days from the date on which the city begins operation, to ordinances adopted at the first business meeting of the city council in a calendar year, or to ordinances adopted at the first meeting of the initial city council as elected under subsection (b) of Section 2.02 of this charter. The catchlines of sections of this charter or any ordinance printed in boldface type or italics, or otherwise, are intended as mere catchwords to indicate the contents of the section and:
(1) Shall not be deemed or taken to be titles of such sections or as any part of such section; and (2) Shall not be so deemed when any of such sections, including the catchlines, are amended or reenacted unless expressly provided to the contrary. Furthermore, the chapter, article, and section headings contained in this charter shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any chapter, article, or section hereof.
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(b) The city council may, by ordinance or resolution, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent councilmembers. Such rules may include punishment for contemptuous behavior conducted in the presence of the city council.
SECTION 2.16. Submission of ordinances to the city clerk.
(a) Every ordinance, resolution, and other action adopted by the city council shall be presented to the city clerk within 15 days of its adoption or approval. The city clerk shall record upon the ordinance the date of its delivery from the city council. (b) An ordinance or resolution that has been passed by the city council shall become effective on the date the ordinance is passed by the city council or on such other date as may be specified in the ordinance.
ARTICLE III EXECUTIVE BRANCH
SECTION 3.01. Powers and duties of the mayor.
(a) The mayor shall: (1) Preside over all meetings of the city council; (2) Set the agenda for meetings of the city council after receiving input from members of the city council, the city manager, and the public; provided, however that an additional item shall be added to the agenda upon the written request of any two members of the city council; (3) Serve as the ceremonial head of the city and as its official representative to federal, state, and local governmental bodies and officials; (4) Sign all orders, checks, and warrants for payment of money within a level of authorization as established by the city council; (5) Execute all contracts, deeds, and other obligations of the city within a level of authorization as established by the city council; (6) Vote in all matters before the city council as provided in subsection (a) of Section 2.10 of this charter; (7) Make all appointments of city officers as provided by this charter, subject to confirmation by the city council; (8) Serve in a part-time capacity and be compensated accordingly; and (9) Perform any other duties and exercise any other powers required by state or federal law or authorized by a duly adopted ordinance that is not in conflict with this charter.
(b) The mayor shall have the authority to transfer appropriations within a department, fund, service, strategy, or organizational unit, but only with approval of the city council.
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(c) The mayor shall have the authority to certify that a supplemental appropriation is possible due to unexpected revenue increases, but only with approval of the city council. (d) The mayor shall have all of the powers specifically granted to the mayor elsewhere in this charter regardless of whether such powers are enumerated in this section of this charter.
SECTION 3.02. City manager; appointment and qualification.
The mayor shall appoint, subject to confirmation by the city council, an officer whose title shall be "city manager." The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her education and experience in the accepted competencies and practices of local government management.
SECTION 3.03. City manager; chief administrative officer.
The city manager shall be the chief administrative officer of the government of the city. The city manager shall devote all of his or her working time and attention to the affairs of the city and shall be responsible to the mayor and city council for the proper and efficient administration of the affairs of the city over which such officer has jurisdiction.
SECTION 3.04. City manager; powers and duties enumerated.
The city manager shall have the power and it shall be his or her duty to: (1) See that all laws and ordinances are enforced; (2) Appoint and employ all necessary employees of the city, provided that this power of appointment shall not include officers and employees who by this charter are appointed or elected by the mayor and the city council or departments not under the jurisdiction of the city manager; (3) Remove employees appointed and employed under paragraph (2) of this section without the consent of the city council and without assigning any reason therefor; (4) Exercise supervision and control of all departments, offices, and agencies and all divisions or bureaus created in this charter or that may hereafter be created by the city council, except as otherwise provided in this charter; (5) Attend all meetings of the city council, without a right to vote, but with a right to take part in the discussions as seen fit by the chairperson; provided, however, that, regardless of the decision of the chairperson, the city manager may take part in any discussion and report on any matter requested and approved by the city council at such meeting. The city manager shall be entitled to notice of all special meetings; (6) Recommend to the city council, after prior review and comment by the mayor, for adoption such measures as the city manager may deem necessary or expedient;
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(7) See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and, upon knowledge of any violation thereof, call the same to the attention of the city attorney, whose duty it shall be forthwith to take such steps as are necessary to protect and enforce the same; (8) Make and execute all lawful contracts on behalf of the city as to matters within the city manager's level of authorization as established by the city council to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no contract purchase or obligation requiring a budget amendment shall be valid and binding until after approval of the city council; (9) Sign all orders, checks, and warrants for payment of money within the city manager's level of authorization as established by the city council to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no such order, check, or warrant requiring a budget amendment shall be valid and binding until after approval of the city council; (10) Act as budget officer to prepare and submit to the city council, after review and comment by the mayor, prior to the beginning of each fiscal year, a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts allotted to each department of the city government and the reasons for such estimated expenditures; (11) Keep the city council at all times fully advised as to the financial condition and needs of the city; (12) Make a full written report to the city council on the fifteenth day of each month showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of such reports shall be published by the city clerk; (13) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; and (14) Perform such other duties as may be prescribed by this charter or required by ordinance or resolution of the city council.
SECTION 3.05. City council interference with administration.
Except for the purpose of inquiries and investigations under Section 2.08 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction or supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.
SECTION 3.06. City manager; removal.
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(a) The mayor and city council may remove the city manager from office in accordance with the following procedures:
(1) The city council shall adopt, by affirmative vote of a majority of all its members, a preliminary resolution removing the city manager and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, he or she may file with the city council a written request for a public hearing. This hearing shall be held at a city council meeting not earlier than 15 days nor later than 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing; and (3) The city council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of four of its members at any time after five days from the date when a copy of the preliminary resolution was delivered to the city manager if he or she has not requested a public hearing, or at any time after the public hearing if he or she has requested one. (b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of his or her removal. The action of the city council in suspending or removing the city manager shall not be subject to review by any court or agency. (c) If the city manager is suspended in accordance with subsection (a) of this section or becomes disabled and is unable to carry out the duties of the office or if the city manager dies, the acting city manager shall perform the duties of the city manager until the city manager's disability is removed or until the city manager is replaced. Removal of the city manager because of disability shall be carried out in accordance with the provisions of subsection (a) of this section.
SECTION 3.07. Acting city manager.
(a) The mayor, with the approval of the city council, may appoint any person to exercise all powers, duties, and functions of the city manager during the city manager's suspension under subsection (a) of Section 3.06 of this charter, temporary absence from the city, or period of disability. (b) In the event of a vacancy in the office of city manager, the mayor may designate, with the approval of the city council, a person as acting city manager, who shall exercise all powers, duties, and functions of the city manager until a city manager is appointed.
SECTION 3.08. City attorney.
The mayor shall appoint the city attorney or city attorneys, together with such assistant city attorneys as may be deemed appropriate, subject to confirmation by the city council, and shall provide for the payment of such attorneys for services rendered to the city. The
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rates or salary paid to any city attorney or assistant city attorney shall be approved in advance by the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend meetings of the city council as directed; shall advise the city council, mayor, other officers, and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of his or her position as city attorney. The city attorney shall review all contracts of the city but shall not have the power to bind the city.
SECTION 3.09. City clerk.
The mayor may appoint a city clerk, subject to confirmation by the city council, to keep a journal of the proceedings of the city council, to maintain in a safe place all records and documents pertaining to the affairs of the city, and to perform such duties as may be required by law or ordinance or as the mayor or city manager may direct.
SECTION 3.10. City tax collector.
The mayor may appoint a city tax collector, subject to confirmation by the city council, to collect all taxes, licenses, fees, and other moneys belonging to the city, subject to the provisions of this charter and the ordinances of the city; and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.
SECTION 3.11. City accountant.
The mayor may appoint a city accountant, subject to confirmation by the city council, to perform the duties of an accountant.
SECTION 3.12. City internal auditor.
The city council shall appoint an internal auditor to audit the financial records and expenditures of city funds and to report the results of such audits in writing to the city council at times and intervals set by the city council but not less than quarterly. Such audit reports shall, at a minimum, identify all city expenditures and other financial matters that the internal auditor either determines are not in compliance with or cannot conclusively be determined to be in compliance with:
(1) The provisions of this charter; (2) The applicable city budget; and
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(3) Applicable ordinances, resolutions, or other actions duly adopted or approved under the provisions of this charter. The compensation and expenses payable to the mayor and the councilmembers pursuant to Section 2.07 of this charter shall not commence until an internal auditor is appointed by the city council.
SECTION 3.13. Consolidation of functions.
The city manager, with the approval of the city council, may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The city manager may also, with the approval of the city council, perform all or any part of the functions of any of the positions or offices in lieu of the appointment of other persons to perform the same.
SECTION 3.14. Position classification and pay plans; employment at will.
The city manager shall be responsible for the preparation of a position classification and a pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the City of LaVista Hills and any of its agencies and offices. When a pay plan has been adopted by the city council, neither the city council nor the city manager shall increase or decrease the salaries of individual employees except in conformity with such pay plan or pursuant to an amendment of such pay plan duly adopted by the city council. Except as otherwise provided in this charter, all employees of the city shall be subject to removal or discharge, with or without cause, at any time.
ARTICLE IV MUNICIPAL COURT
SECTION 4.01. Creation.
There is established a court to be known as the Municipal Court of the City of LaVista Hills which shall have jurisdiction and authority to try offenses against the laws and ordinances of such city and to punish for violations of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law, including ordinances of the city; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before such court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which, under the laws of Georgia, are placed within the jurisdiction of municipal courts to the extent of, and in accordance with,
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the provisions of such laws and all laws subsequently enacted amendatory thereof. Such court shall be presided over by the judge of such court. In the absence or disqualification of the judge, the judge pro tempore shall preside and shall exercise the same powers and duties as the judge when so acting.
SECTION 4.02. Judges.
(a) No person shall be qualified or eligible to serve as judge unless he or she shall have attained the age of 28 years and shall have been a member of the State Bar of Georgia for a minimum of three years. The judges shall be nominated by the mayor subject to approval by the city council. The compensation and number of the judges shall be fixed by the city council. (b) The judge pro tempore shall serve as requested by the judge, shall have the same qualifications as the judge, shall be nominated by the mayor subject to approval by the city council, and shall take the same oath as the judge. (c) Before entering on the duties of his or her office, the judge and judge pro tempore shall take an oath before an officer duly authorized to administer oaths in this state declaring that he or she will truly, honestly, and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council. (d) The judge or judge pro tempore shall serve for a term of four years but may be removed from the position by a two-thirds vote of the entire membership of the city council or shall be removed upon action taken by the state Judicial Qualifications Commission for:
(1) Willful misconduct in office; (2) Willful and persistent failure to perform duties; (3) Habitual intemperance; (4) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or (5) Disability seriously interfering with the performance of duties, which is or is likely to become of a permanent character.
SECTION 4.03. Convening.
The municipal court shall be convened at such times as designated by ordinance or at such times as deemed necessary by the judge to keep current the dockets thereof.
SECTION 4.04. Jurisdiction; powers.
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(a) The municipal court shall try and punish for crimes against the City of LaVista Hills and for violations of its ordinances. The municipal court may fix punishment for offenses within its jurisdiction to the fullest extent allowed by state law. (b) The municipal court shall have authority to recommend to the city council for approval a schedule of fees to defray the costs of operation. (c) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as security for appearances of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited to the judge presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City of LaVista Hills, or the property so deposited shall have a lien against it for the value forfeited. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears, by probable cause, that a state law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of such court. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or state law. (g) The municipal court is specifically vested with all of the judicial jurisdiction and judicial powers throughout the entire area of the City of LaVista Hills granted by state laws generally to municipal courts and particularly by such laws as authorize the abatement of nuisances.
SECTION 4.05. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of DeKalb County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.06. Rules for court.
With the approval of the city council, the judges shall have full power and authority to make reasonable rules and regulations that are necessary and proper to secure the efficient and successful administration of the municipal court.
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ARTICLE V FINANCE AND FISCAL
SECTION 5.01. Fiscal year.
The city council shall set the fiscal year by ordinance. Such fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department or institution, agency, and activity of the city government, unless otherwise provided by state or federal law.
SECTION 5.02. Preparation of budgets.
The city council shall provide, by ordinance, the procedures and requirements for the preparation and execution of an annual operating budget and a capital budget, including requirements as to the scope, content, and form of such budgets and programs.
SECTION 5.03. Submission of operating budget to city council.
(a) On or before a date fixed by the city council, but no later than the first day of the ninth month of the fiscal year currently ending, the city manager shall, after input, review, and comment by the mayor, submit to the city council a proposed operating budget and capital budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor and city manager containing a statement of the general fiscal policies of the city, important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as they may deem pertinent. The operating budget, capital budget, budget message, and all supporting documents shall be filed in the office of the city manager and shall be open to public inspection. (b) Beginning in the third year of the city's operation, the city manager and mayor are required to present to the city council a budget which is balanced in projected spending and revenues. (c) Prior to passage of the budget, the city council shall hold a special public hearing at which the budget will be presented and public comment on the budget will be solicited. The date, time, and place of the special public hearing shall be announced no less than 30 days prior to the scheduled date for such hearing. (d) All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made. When a supplemental appropriation is certified by the city manager to exist, these appropriations may be spent during the current fiscal year following passage of a supplemental appropriation ordinance.
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SECTION 5.04. Action by city council on budget.
(a) The city council may amend the operating budget or capital budget proposed by the city manager in accordance with subsection (a) of Section 5.03 of this charter, except that the budget, as finally amended and adopted, shall provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year; and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund. (b) The city council shall adopt a budget on or before the first day of the eleventh month of the fiscal year currently ending. If the city council fails to adopt the budget by the prescribed deadline, the operating budget and capital budget proposed by the mayor and city manager shall be adopted without further action by the city council.
SECTION 5.05. Procurement and property management.
No contract with the city shall be binding on the city unless it is in writing. The city council may adopt procedures for the authorization of certain contracts without city attorney review or city council approval. Absent the foregoing, no contract with the city shall be binding on the city unless:
(1) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (2) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings.
SECTION 5.06. Purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 5.07. Audits.
(a) There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. (b) As a minimum, all audits and budgets of the city shall satisfy the requirements of Chapter 81 of Title 36 of the O.C.G.A., relating to local government audits and budgets.
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SECTION 5.08. Homestead exemption; freeze.
(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of LaVista Hills, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this section is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include not more than five contiguous acres of homestead property.
(b) Each resident of the City of LaVista Hills is granted an exemption on such person's homestead from City of LaVista Hills ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of such homestead exceeds the base year assessed value of such homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is added to or removed from the homestead, the base year assessed value shall be adjusted to reflect such addition or removal, and the exemption shall be recalculated accordingly. The value of such 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 LaVista Hills, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of LaVista Hills, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of LaVista Hills, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of LaVista Hills, or the designee thereof, in the event such person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead
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exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply only to taxable years 2017 through 2019. Unless renewed or extended by subsequent Act of the General Assembly, the exemption granted by subsection (b) of this section shall not apply to taxable year 2020 or any subsequent taxable year.
SECTION 5.09. Homestead exemption; senior citizens; disabled.
(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of LaVista Hills, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means Georgia taxable net income determined pursuant to Chapter 7 of Title 48 of the O.C.G.A., as amended, for state income tax purposes, except income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and such individual's spouse under the federal Social Security Act. Income from such sources in excess of such maximum amount shall be included as income for the purposes of this charter. (4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made.
(b) Each resident of the City of LaVista Hills who is disabled or is a senior citizen is granted an exemption on such person's homestead from City of LaVista Hills ad valorem taxes for municipal purposes in the amount of $14,000.00 of the assessed value of such homestead. The exemption granted by this subsection shall only be granted if such person's income, together with the income of the spouse who also occupies and resides at such homestead, does not exceed $15,000.00 for the immediately preceding year. The value of such property in excess of such exempted amount shall remain subject to taxation.
(c)(1) In order to qualify for the exemption provided for in subsection (b) of this section due to being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that, in the opinion of such physician or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and
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that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of LaVista Hills, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of LaVista Hills, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of LaVista Hills, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of LaVista Hills, or the designee thereof, in the event such person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017.
SECTION 5.10. Homestead exemption; general.
(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of LaVista Hills, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended.
(b) Each resident of the City of LaVista Hills is granted an exemption on such person's homestead from City of LaVista Hills ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of such homestead. The value of such property in excess of such exempted amount shall remain subject to taxation.
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(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 LaVista Hills, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of LaVista Hills, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of LaVista Hills, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of LaVista Hills, or the designee thereof, in the event such person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017.
SECTION 5.11. Homestead exemption; surviving spouses.
(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of LaVista Hills, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Unremarried surviving spouse" means the unmarried widow or widower of a member of the armed forces who is receiving spousal benefits from the United States Department of Veterans Affairs.
(b) Any person who is a resident of the City of LaVista Hills and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in or has died as a result of any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise,
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shall be granted a homestead exemption from all City of LaVista Hills ad valorem taxation for municipal purposes in the amount of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended. As of January 1, 2013, the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended, is $50,000.00. The exemption shall be on the homestead which the unremarried surviving spouse owns and actually occupies as a residence and homestead. In the event such surviving spouse remarries, such person shall cease to be qualified to receive the exemption under this charter effective December 31 of the taxable year in which such person remarries. The value of all property in excess of such exemption granted to such unremarried surviving spouse shall remain subject to taxation. (c) In order to qualify for the exemption provided for in this charter, the unremarried surviving spouse shall furnish to the governing authority of the City of LaVista Hills, or the designee thereof, documents from the Secretary of Defense evidencing that such unremarried surviving spouse receives spousal benefits as a result of the death of such person's spouse who, as a member of the armed forces of the United States, was killed or died as a result of any war or armed conflict while on active duty or while performing authorized travel to or from active duty during such war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, pursuant to the Survivor Benefit Plan under Subchapter II of Chapter 73 of Title 10 of the United States Code or pursuant to any preceding or subsequent federal law which provides survivor benefits for spouses of members of the armed forces who were killed or died as a result of any war or armed conflict. (d) An unremarried surviving spouse filing for the exemption under this section shall be required to file with the governing authority of the City of LaVista Hills, or the designee thereof, information relative to marital status and such other information which the governing authority of the City of LaVista Hills, or the designee thereof, deems necessary to determine eligibility for the exemption. An unremarried surviving spouse shall file for the exemption only once with the governing authority of the City of LaVista Hills or the designee thereof. Once filed, the exemption shall automatically be renewed from year to year, except that the governing authority of the City of LaVista Hills, or the designee thereof, may require annually that the holder of an exemption substantiate his or her continuing eligibility for the exemption. It shall be the duty of any person granted the homestead exemption under this section to notify the governing authority of the City of LaVista Hills, or the designee thereof, in the event such person for any reason becomes ineligible for such exemption. (e) The exemption granted by this section shall be in lieu of and not in addition to any other exemption from ad valorem taxation for municipal purposes which is equal to or lower in amount than such exemption granted by this section. If the amount of any other exemption from ad valorem taxation for municipal purposes applicable to any resident qualifying under this section is greater than or is increased to an amount greater than the
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amount of the applicable exemption granted by this section, such other exemption shall apply and shall be in lieu of and not in addition to the exemption granted by this section. (f) The exemptions granted by this section shall apply to all taxable years beginning on or after January 1, 2017.
SECTION 5.12. Homestead exemption; one mill equivalent.
(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of LaVista Hills, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended.
(b) Each resident of the City of LaVista Hills is granted an exemption on such person's homestead from City of LaVista Hills ad valorem taxes for municipal purposes in an amount that provides the dollar equivalent of a one mill reduction of the millage rate applicable to the homestead property with respect to ad valorem taxes for municipal purposes for the taxable year. The value of such 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 LaVista Hills, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of LaVista Hills, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of LaVista Hills, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of LaVista Hills, or the designee thereof, in the event such person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu
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of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017.
SECTION 5.13. Homestead exemption; Fire Services Tax District HOST Equivalent.
(a) As used in this section, the term: (1) "Ad valorem taxes for fire services" means all ad valorem taxes for the purpose of providing fire services levied by, for, or on behalf of the City of LaVista Hills, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended.
(b) In the event that the City of LaVista Hills assumes responsibility for the transfer of fire services from DeKalb County, each resident of the City of LaVista Hills is granted an annual exemption on such person's homestead from City of LaVista Hills ad valorem taxes in a fixed amount equal to the HOST tax credit provided to DeKalb County residences who participate in the Fire Services Special Tax District at a level equal to the average percentage credit for the five years immediately preceding the cutover of fire services. The value of such property in excess of such exempted amount shall remain subject to taxation. (c) A person shall receive the homestead exemption granted by subsection (b) of this section provided that the person or person's agent has filed or files an application with the governing authority of the City of LaVista Hills in accordance with subsection (c) of Section 5.10 or subsection (c) of Section 5.12 of this charter giving such information relative to receiving such exemption as will enable the governing authority of the City of LaVista Hills, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. No additional homestead exemption form or application is required to grant the homestead exemption under this section. (d) The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of LaVista Hills, or the designee thereof, in the event such person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu
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of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning in the year in which the City of LaVista Hills assumes responsibility for the transfer of fire services from DeKalb County. In the event that the transfer of fire services does not coincide with a taxable year end, the homestead exemption shall be prorated in the first year in an amount equal to the percent of the first year in which LaVista Hills provides fire services.
ARTICLE VI GENERAL PROVISIONS
SECTION 6.01. DeKalb County special services tax district.
For the taxable years beginning on or after January 1, 2017, the adjusted ad valorem tax millage rate and amount for service charges or fees for district services assessed by DeKalb County, Georgia, for the LaVista Hills special services tax district shall be 0 percent. This section is enacted pursuant to the authority granted to the General Assembly under Section 1 of that local constitutional amendment providing that certain municipalities in DeKalb County shall constitute special services tax districts, Resolution Act. No. 168, House Resolution No. 715-1916, Ga. L. 1978, p. 2468, to control the subject matter of such local constitutional amendment. Municipal services provided by DeKalb County for the City of LaVista Hills will be established through intergovernmental agreements or established as otherwise authorized by statute.
SECTION 6.02. Referendum and initial election.
(a) The election superintendent of DeKalb County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of LaVista Hills for approval or rejection. The superintendent shall set November 3, 2015, as the date of such election. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act incorporating the City of LaVista Hills in DeKalb County according to the charter contained in the Act and the homestead
( ) NO exemptions described in the Act be approved?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and
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effect as provided in this charter, otherwise it shall be void and of no force and effect. The initial expense of such election shall be borne by DeKalb County. Within two years after the elections if the incorporation is approved, the City of LaVista Hills shall reimburse DeKalb County for the actual cost of printing and personnel services for such election and for the initial election of the mayor and councilmembers pursuant to Section 2.02 of this charter. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State. (b) For the purposes of the referendum election provided for in subsection (a) of this section and for the purposes of the special election of the City of LaVista Hills to be held in conjunction with and on the date of the 2016 presidential preference primary, the qualified electors of the City of LaVista Hills shall be those qualified electors of DeKalb County residing within the corporate limits of the City of LaVista Hills as described by Appendix A of this charter. At subsequent municipal elections, the qualified electors of the City of LaVista Hills shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) Only for the purposes of holding and conducting the referendum election provided for by subsection (a) of this section and holding and conducting the special election of the City of LaVista Hills to be held on the date of the 2016 presidential preference primary, the election superintendent of DeKalb County is vested with the powers and duties of the election superintendent of the City of LaVista Hills and the powers and duties of the governing authority of the City of LaVista Hills.
SECTION 6.03. Effective dates and transition.
(a) The initial mayor and councilmembers shall take the oath of office the next business day after certification of the election of such officers and, by action of any four members of the governing authority, may meet and take actions binding on the city. (b) A period of time will be needed for an orderly transition of various government functions from DeKalb County to the City of LaVista Hills. Accordingly, there shall be a two-year transition period as allowed by law beginning at 12:01 A.M. on July 1, 2016. (c) During such transition period, DeKalb County shall continue to provide within the territorial limits of the city all government services and functions which DeKalb County provided in 2016 and at the same actual direct cost and level of service, except to the extent otherwise provided in this section; provided, however, that upon at least 30 days' prior written notice to the governing authority of DeKalb County by the governing authority of the City of LaVista Hills, responsibility for any such service or function shall be transferred to the City of LaVista Hills. The governing authority of the City of LaVista Hills shall determine the date of commencement of collection of taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of the city and the date upon which the City of LaVista Hills is considered removed from the DeKalb County special services tax district.
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(d) During the transition period, the governing authority of the City of LaVista Hills may generally exercise any power granted by this charter or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. (e) During the transition period, all ordinances of DeKalb County shall remain applicable within the territorial limits of the city unless otherwise amended, repealed, or replaced by the City of LaVista Hills. Any transfer of jurisdiction to the City of LaVista Hills during or at the end of the transition period shall not in and of itself abate any judicial proceeding pending in DeKalb County or the pending prosecution of any violation of any ordinance of DeKalb County. (f) During the transition period, the governing authority of the City of LaVista Hills may at any time, without the necessity of any agreement by DeKalb County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of the City of LaVista Hills commencing to exercise its planning and zoning powers, the Municipal Court of the City of LaVista Hills shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall have control over any conflicting provisions of any other subsection of this section. (g) Effective upon the termination of the transition period, subsections (b) through (f) of this section shall cease to apply except for the last sentence of subsection (e) which shall remain effective. Effective upon the termination of the transition period, the City of LaVista Hills shall be a fully functioning municipal corporation and subject to all general laws of this state.
SECTION 6.04. Directory nature of dates.
It is the intention of the General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for providential cause or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing, it is specifically provided that if it is not possible to hold the referendum election provided for in Section 6.02 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable. If the referendum election provided for in Section 6.02 of this Act is conducted on or before November 3, 2015, the special election for the initial members of the governing authority shall be conducted on the date specified in Section 2.02 of this Act. If the referendum election provided for under Section 6.02 of this Act is conducted after November 3, 2015, then the special election for the initial members of the governing authority shall be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms
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of office shall be delayed accordingly. If the first election provided for in Section 2.02 of this Act occurs after the date of the 2016 presidential preference primary, the city council shall be authorized to delay the dates otherwise specified in Section 6.03 of this charter.
SECTION 6.05. Charter commission.
Not later than five years after the inception of the City of LaVista Hills, the mayor and the city council shall call for a charter commission to review the city's experience and recommend to the General Assembly any changes to the charter. Members of the charter commission shall be appointed as follows: one by the mayor, one by each member of the city council, and one member appointed by a vote of the members of the Georgia House of Representatives and Georgia Senate whose districts lie wholly or partially within the corporate boundaries of the City of LaVista Hills. All members of the charter commission shall reside in the City of LaVista Hills. The charter commission shall complete the recommendations within the time frame required by the city council.
SECTION 6.06. Severability.
In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
SECTION 6.07. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6.08. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
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APPENDIX A
LEGAL DESCRIPTION CORPORATE LIMITS CITY OF LAVISTA HILLS, DEKALB COUNTY, GEORGIA
The corporate limits of the City of LaVista Hills shall include the areas specified as follows; provided, however, that any part of the City of LaVista Hills which is included in the description shall nevertheless not be included within the corporate boundaries of the City of LaVista Hills if such area was annexed into another corporate boundary before March 2, 2015:
Plan:LaVista Hills-p2(corp)-2015 Plan Type: Local Administrator: LaVista Hills User: bak
District LAVISTAHILLS DeKalb County VTD: 089BC - BRIAR VISTA ELEMENTARY 021504: 1000 1001 1002 1003 1004 1005 1007 VTD: 089BD - BRIARLAKE ELEMENTARY VTD: 089BG - BRIARCLIFF VTD: 089CJ - CLAIRMONT HILLS 021602: 1000 1001 1002 1003 1004 1005 1006 2026 2028 022302: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 VTD: 089CW - CORALWOOD VTD: 089DC - DRESDEN ELEM 021409: 1003 2003 2004 021410: 3007 3008 021605: 3000 3010 3011 VTD: 089EC - EMBRY HILLS VTD: 089EF - EVANSDALE ELEM VTD: 089HB - HAWTHORNE ELEM 021308: 1010 1011 1012 1013 1016 1017 021705:
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3006 3007 3010 3011 3012 3013 021706: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 4008 4009 VTD: 089HC - HENDERSON MILL VTD: 089HD - HERITAGE ED VTD: 089LA - LAKESIDE HIGH VTD: 089LB - LAVISTA ROAD 021504: 2000 2002 3000 021602: 2021 021603: 1008 1010 1011 1012 1014 021604: 2021 2023 2024 VTD: 089LC - LAVISTA 021503: 1000 1001 1002 1003 1004 1005 3000 3001 3002 3003 VTD: 089MH - MIDVALE ELEM 021809: 5006 5007 5008 VTD: 089MJ - MONTCLAIR ELEM 021603: 2002 2003 2004 VTD: 089MP - MARGARET HARRIS 021502: 1007 021603: 2005 2012 2014 2015 2016 2017 2021 3000 3001 3002 3003 3004 3005 3006 3007 VTD: 089MW - MIDVALE ROAD 021808: 1009 1010 1014 1015 1020 1024 1025 1026 1027 021809: 5021 021810: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 VTD: 089ND - NORTHLAKE VTD: 089OA - OAK GROVE ELEM VTD: 089OB - OAKCLIFF ELEM 021705:
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2000 2007 2010 2011 021812: 2000 021813: 1000 1007 1010 VTD: 089PF - PLEASANTDALE ELEM VTD: 089PK - PLEASANTDALE ROAD VTD: 089RD - REHOBOTH 021704: 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 022001: 2000 2001 2002 2003 2004 2007 2008 2009 2010 2011 2012 2013 2022 VTD: 089SA - SAGAMORE HILLS VTD: 089SN - SHAMROCK MIDDLE VTD: 089VB - VALLEY BROOK VTD: 089WI - WARREN TECH 021705: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 2012 2013 2014 2015 2016 2017 2018 2019 2027 2028 2029 2030 2031 2032 2033 2034 021808: 2024
For the purposes of this description, 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 the 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.
APPENDIX B
LEGAL DESCRIPTION COUNCIL DISTRICTS CITY OF LAVISTA HILLS, DEKALB COUNTY, GEORGIA
Plan: LaVista Hills-p2-2015 Plan Type: Local Administrator: LaVista Hills User: bak
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District 001 DeKalb County VTD: 089EC - EMBRY HILLS 021808: 2013 2014 021809: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 VTD: 089EF - EVANSDALE ELEM 021808: 1001 1021 1022 1023 VTD: 089MH - MIDVALE ELEM 021809: 5006 5007 5008 VTD: 089OB - OAKCLIFF ELEM 021812: 2000 021813: 1000 1007 1010 VTD: 089PF - PLEASANTDALE ELEM 021812: 1000 1001 1002 1003 1004 1005 1006 1007 2001 2002 2003 2004 2006 2007 2010 021813: 1009 1012 021814: 2001 2002 2003 2004 2005 2006 2007 2008 VTD: 089PK - PLEASANTDALE ROAD
District 002 DeKalb County VTD: 089EC - EMBRY HILLS 021808: 2000 2001 2002 2003 2004 2006 2007 2008 2009 2010 2011 2012 2027 021812: 2012 2013 2014 2015 2016 2017 2018 2019 VTD: 089EF - EVANSDALE ELEM 021705: 1000 1001 1002 1003 2001 2002 2003 2004 2005 2006 2008 2009 2020 2021 2022 2023 2024 2025 2026 021808: 1000 1002 1003 1004 1005 1006 1007 1008 1011 1012 1013 1016 1017 1018 1019 1028 1029 2005 2015 2016 2017 2018 2019 2020
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2021 2022 2023 2025 2026 2028 VTD: 089HB - HAWTHORNE ELEM 021308: 1010 1011 1012 021705: 3006 3007 3011 3012 3013 VTD: 089HC - HENDERSON MILL 021705: 3000 3001 3002 3003 3004 3005 021706: 4000 4001 4002 VTD: 089MW - MIDVALE ROAD 021808: 1009 1010 1014 1015 1020 1024 1025 1026 1027 021809: 5021 021810: 1000 1001 1002 VTD: 089OB - OAKCLIFF ELEM 021705: 2000 2007 2010 2011 VTD: 089PF - PLEASANTDALE ELEM 021812: 2005 2008 2009 2011 VTD: 089WI - WARREN TECH 021705: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 2012 2013 2014 2015 2016 2017 2018 2019 2027 2028 2029 2030 2031 2032 2033 2034 021808: 2024
District 003 DeKalb County VTD: 089BD - BRIARLAKE ELEMENTARY 021703: 1000 1001 1002 1003 1008 1009 1010 1011 1012 1013 1014 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 VTD: 089DC - DRESDEN ELEM 021409: 1003 2003 2004 021605:
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3000 3010 VTD: 089HB - HAWTHORNE ELEM 021308: 1013 1016 1017 021705: 3010 021706: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 4008 4009 VTD: 089HC - HENDERSON MILL 021705: 3008 3009 021706: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 4003 4004 4005 4006 4007 4010 4011 4012 4013 4014 VTD: 089HD - HERITAGE ED 021605: 3001 3002 3003 3004 3005 3006 3009 VTD: 089LA - LAKESIDE HIGH 021703: 1004 1005 1006 1007 1015 1016 1017 1018 1019 1020 1021 1022 VTD: 089MW - MIDVALE ROAD 021810: 1003 1004 1005 1006 1007 1008 1009 1010
District 004 DeKalb County VTD: 089BD - BRIARLAKE ELEMENTARY 021703: 2009 2010 2011 2012 2023 2028 2029 2030 2031 2032 VTD: 089DC - DRESDEN ELEM 021410: 3007 3008 021605: 3011 VTD: 089HD - HERITAGE ED 021605: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1017 1018 VTD: 089LA - LAKESIDE HIGH 021703:
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2000 2001 2002 2003 2004 2005 2006 2007 2008 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2025 2026 2027 VTD: 089LB - LAVISTA ROAD 021602: 2021 021604: 2021 2023 2024 VTD: 089ND - NORTHLAKE 021704: 2015 2016 2017 2018 2019 2020 2021 2022 2023 3000 3012 3013 3014 3015 3016 3021 3022 3023 3027 VTD: 089OA - OAK GROVE ELEM VTD: 089RD - REHOBOTH 021704: 1013 1014 1018 1019 VTD: 089SA - SAGAMORE HILLS
District 005 DeKalb County VTD: 089BC - BRIAR VISTA ELEMENTARY 021504: 1000 1001 1002 1003 1004 1005 1007 VTD: 089BG - BRIARCLIFF VTD: 089LB - LAVISTA ROAD 021504: 2000 2002 3000 021603: 1008 1010 1011 1012 1014 VTD: 089LC - LAVISTA 021503: 1000 1001 1002 1003 1004 1005 3000 3001 3002 3003 VTD: 089MJ - MONTCLAIR ELEM 021603: 2002 2003 2004 VTD: 089MP - MARGARET HARRIS 021502: 1007 021603: 2005 2012 2014 2015 2016 2017 2021 3000 3001 3002 3003 3004 3005 3006 3007
District 006 DeKalb County
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VTD: 089CJ - CLAIRMONT HILLS 021602: 1000 1001 1002 1003 1004 1005 1006 2026 2028 022302: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 VTD: 089CW - CORALWOOD VTD: 089ND - NORTHLAKE 021704: 3024 3025 3026 3028 3029 3030 VTD: 089RD - REHOBOTH 021704: 1015 1016 1017 1020 1021 1022 1023 022001: 2000 2001 2002 2003 2004 2007 2008 2009 2010 2011 2012 2013 2022 VTD: 089SN - SHAMROCK MIDDLE VTD: 089VB - VALLEY BROOK
For the purposes of this plan (LaVista Hills-p2-2015): (1) The term "VTD" shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; (2) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia; (3) Any part of the City of LaVista Hills which is not included in any district described in this plan (LaVista Hills-p2-2015) shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia; (4) Any part of the City of LaVista Hills which is described in this plan (LaVista Hills-p2-2015) 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; and (5) Any part of the City of LaVista Hills which is described in this plan (LaVista Hills-p2-2015) as being included in a particular district shall nevertheless not be
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included within such district if such area was annexed into another corporate boundary before March 2, 2015.
APPENDIX C
CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION
I, Representative Tom Taylor, Georgia State House Representative from the 79th District and the author of this bill introduced at the 2015 session of the General Assembly of Georgia, which grants an original municipal charter to the City of LaVista Hills, do hereby certify that this bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. in that the area embraced within the original incorporation in this bill is in all respects in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. This certificate is executed to conform to the requirements of Code Section 36-31-5 of the O.C.G.A.
So certified, this _________ day of February, 2015. ___________________________________ Honorable Tom Taylor Representative, 79th District Georgia State House of Representatives
The following amendment was read:
Representative Taylor of the 79th et al. offer the following amendment:
Amend the Senate substitute to HB 520 (LC 28 7637ERS) by striking lines 1419 through 1515 and inserting in lieu thereof the following: Plan: LaVistaHills-H079-p1(corp)-2015 Plan Type: Local Administrator: H079 User: Gina
LAVISTA HILLS DeKalb County VTD: 089BC - BRIAR VISTA ELEMENTARY 021504: 1000 1001 1002 1003 1004 1005 1007 VTD: 089BD - BRIARLAKE ELEMENTARY VTD: 089BG - BRIARCLIFF VTD: 089CJ - CLAIRMONT HILLS 021602:
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1001 1002 1003 1004 1005 2026 2028 022302: 3000 3002 3004 3005 3007 3008 3009 VTD: 089CW - CORALWOOD VTD: 089DC - DRESDEN ELEM 021409: 1003 2003 2004 021410: 3007 3008 021605: 3000 3010 3011 VTD: 089EC - EMBRY HILLS VTD: 089EF - EVANSDALE ELEM VTD: 089HB - HAWTHORNE ELEM 021308: 1010 1011 1012 1013 1016 1017 021705: 3006 3007 3010 3011 3012 3013 021706: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 4008 4009 VTD: 089HC - HENDERSON MILL VTD: 089HD - HERITAGE ED VTD: 089LA - LAKESIDE HIGH VTD: 089LB - LAVISTA ROAD 021504: 2000 3000 021602: 2021 021603: 1008 1010 1011 1012 1014 021604: 2021 2023 2024 VTD: 089LC - LAVISTA 021503: 1000 1001 1002 1003 1004 1005 3000 3001 3002 3003 VTD: 089MH - MIDVALE ELEM 021809: 5006 5007 5008 VTD: 089MJ - MONTCLAIR ELEM 021603: 2002 2003 2004
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VTD: 089MP - MARGARET HARRIS 021502: 1007 021603: 2005 2012 2014 2015 2016 2017 2021 3000 3001 3002 3003 3004 3005 3006 3007 VTD: 089MW - MIDVALE ROAD 021808: 1009 1010 1014 1015 1020 1024 1025 1026 1027 021809: 5021 021810: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 VTD: 089ND - NORTHLAKE VTD: 089OA - OAK GROVE ELEM VTD: 089OB - OAKCLIFF ELEM 021705: 2000 2007 2010 2011 021812: 2000 021813: 1000 1007 1010 VTD: 089PF - PLEASANTDALE ELEM VTD: 089PK - PLEASANTDALE ROAD VTD: 089RD - REHOBOTH 021704: 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 022001: 2000 2001 2002 2003 2004 2007 2008 2009 2010 2011 2012 2013 2022 VTD: 089SA - SAGAMORE HILLS VTD: 089SN - SHAMROCK MIDDLE VTD: 089VB - VALLEY BROOK VTD: 089WI - WARREN TECH 021705: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 2012 2013 2014 2015 2016 2017 2018 2019 2027 2028 2029 2030 2031 2032 2033 2034 021808: 2024
By striking lines 1526 through 1739 and inserting in lieu thereof the following: Plan: LaVistaHills-H079-p1(dist)-2015
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Plan Type: Local Administrator: H079 User: Gina
District 001 DeKalb County VTD: 089EC - EMBRY HILLS 021808: 2013 2014 021809: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 VTD: 089EF - EVANSDALE ELEM 021808: 1001 1021 1022 1023 VTD: 089MH - MIDVALE ELEM 021809: 5006 5007 5008 VTD: 089OB - OAKCLIFF ELEM 021812: 2000 021813: 1000 1007 1010 VTD: 089PF - PLEASANTDALE ELEM 021812: 1000 1001 1002 1003 1004 1005 1006 1007 2001 2002 2003 021813: 1009 1012 021814: 2001 2002 2003 2004 2005 2006 2007 2008 VTD: 089PK - PLEASANTDALE ROAD
District 002 DeKalb County VTD: 089EC - EMBRY HILLS 021808: 2000 2001 2002 2003 2004 2006 2007 2008 2009 2010 2011 2012 2027 021812: 2012 2013 2014 2015 2016 2017 2018 2019 VTD: 089EF - EVANSDALE ELEM 021705: 1000 1001 1002 1003 2001 2002 2003 2004 2005 2006 2008 2009 2020 2021 2022 2023 2024 2025 2026
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021808: 1000 1002 1003 1004 1005 1006 1007 1008 1011 1012 1013 1016 1017 1018 1019 1028 1029 2005 2015 2016 2017 2018 2019 2020 2021 2022 2023 2025 2026 2028 VTD: 089HB - HAWTHORNE ELEM 021308: 1010 1011 1012 021705: 3006 3007 3011 3012 3013 VTD: 089HC - HENDERSON MILL 021705: 3000 3001 3002 3003 3004 3005 021706: 4000 VTD: 089MW - MIDVALE ROAD 021808: 1009 1010 1014 1015 1020 1024 1025 1026 1027 021809: 5021 VTD: 089OB - OAKCLIFF ELEM 021705: 2000 2007 2010 2011 VTD: 089PF - PLEASANTDALE ELEM 021812: 2004 2005 2006 2007 2008 2009 2010 2011 VTD: 089WI - WARREN TECH 021705: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 2012 2013 2014 2015 2016 2017 2018 2019 2027 2028 2029 2030 2031 2032 2033 2034 021808: 2024
District 003 DeKalb County VTD: 089BD - BRIARLAKE ELEMENTARY 021703: 1000 1001 1002 1003 1008 1009 1010 1011 1012 1013 1014 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 VTD: 089DC - DRESDEN ELEM 021409: 1003 2003 2004 021605:
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3000 3010 VTD: 089HB - HAWTHORNE ELEM 021308: 1013 1016 1017 021705: 3010 021706: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 4008 4009 VTD: 089HC - HENDERSON MILL 021705: 3008 3009 021706: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 4001 4002 4003 4004 4005 4006 4007 4010 4011 4012 4013 4014 VTD: 089HD - HERITAGE ED 021605: 3001 3002 3003 3004 3005 3006 3009 VTD: 089LA - LAKESIDE HIGH 021703: 1004 1005 1006 1007 1018 VTD: 089MW - MIDVALE ROAD 021810: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010
District 004 DeKalb County VTD: 089BD - BRIARLAKE ELEMENTARY 021703: 1023 1024 1037 1038 1039 1040 2009 2010 2011 2012 2023 2028 2029 2030 2031 2032 VTD: 089DC - DRESDEN ELEM 021410: 3007 3008 021605: 3011 VTD: 089HD - HERITAGE ED 021605: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1017 1018 VTD: 089LA - LAKESIDE HIGH
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021703: 1015 1016 1017 1019 1020 1021 1022 2000 2001 2002 2003 2004 2005 2006 2007 2008 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2025 2026 2027 VTD: 089LB - LAVISTA ROAD 021604: 2021 2023 2024 VTD: 089ND - NORTHLAKE 021704: 2015 2016 2017 2018 2019 2020 2021 2022 2023 VTD: 089OA - OAK GROVE ELEM VTD: 089SA - SAGAMORE HILLS
District 005 DeKalb County VTD: 089BC - BRIAR VISTA ELEMENTARY 021504: 1000 1001 1002 1003 1004 1005 1007 VTD: 089BG - BRIARCLIFF VTD: 089LB - LAVISTA ROAD 021504: 2000 3000 VTD: 089LC - LAVISTA 021503: 1000 1001 1002 1003 1004 1005 3000 3001 3002 3003 VTD: 089MJ - MONTCLAIR ELEM 021603: 2002 2003 2004 VTD: 089MP - MARGARET HARRIS 021502: 1007 021603: 2005 2012 2014 2015 2016 2017 2021 3000 3001 3002 3003 3004 3005 3006 3007
District 006 DeKalb County VTD: 089CJ - CLAIRMONT HILLS 021602: 1001 1002 1003 1004 1005 2026 2028 022302: 3000 3002 3004 3005 3007 3008 3009 VTD: 089CW - CORALWOOD
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VTD: 089LB - LAVISTA ROAD 021602: 2021 021603: 1008 1010 1011 1012 1014 VTD: 089ND - NORTHLAKE 021704: 3000 3012 3013 3014 3015 3016 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 VTD: 089RD - REHOBOTH 021704: 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 022001: 2000 2001 2002 2003 2004 2007 2008 2009 2010 2011 2012 2013 2022 VTD: 089SN - SHAMROCK MIDDLE VTD: 089VB - VALLEY BROOK For the purposes of this plan (LaVistaHills-H079-p1(dist)-2015):
(1) The term "VTD" shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; (2) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia; (3) Any part of the City of LaVista Hills which is not included in any district described in this plan (LaVistaHills-H079-p1(dist)-2015) shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia; (4) Any part of the City of LaVista Hills which is described in this plan (LaVistaHills-H079-p1(dist)-2015) 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; and (5) Any part of the City of LaVista Hills which is described in this plan (LaVistaHills-H079-p1(dist)-2015) as being included in a particular district shall nevertheless not be included within such district if such area was annexed into another corporate boundary before March 2, 2015.
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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 Y Belton N Bennett N Bentley N Benton Y Beskin N Beverly
Broadrick Y Brockway N Brooks Y Bruce N Bryant N Buckner Y Burns N Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson N Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon N Dukes E Dunahoo Y Duncan N Ealum Y Efstration Y Ehrhart Y England Y Epps N Evans Y Fleming Y Floyd N Fludd N Frazier Y Frye N Gardner Y Gasaway E Geisinger N Glanton Y Golick N Gordon Y Gravley Y Greene E Hamilton
Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston N Howard N Hugley N Jackson Y Jacobs N Jasperse Y Jones, J Y Jones, J.B. N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick N Kidd Y Kirby Y Knight N LaRiccia Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo N McCall N McClain
Y Meadows N Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver Y O'Neal N Pak N Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J N Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice
Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sims
N Smith, E Y Smith, L N Smith, M Y Smith, R
Smyre N Spencer N Stephens, M Y Stephens, R N Stephenson N Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin
Taylor, D Y Taylor, T
Teasley N Thomas, A.M. N Thomas, E N Trammell Y Turner N Waites N Watson Y Welch Y Weldon
Werkheiser 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 104, nays 63.
The amendment was adopted.
Representative Taylor of the 79th moved that the House agree to the Senate substitute, as amended by the House, to HB 520.
On the motion, the roll call was ordered and the vote was as follows:
N Abrams N Alexander N Allison
Y Coomer N Cooper N Corbett
Y Harbin N Harden N Harrell
N Meadows N Mitchell Y Morris
N Smith, E N Smith, L N Smith, M
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N Anderson N Atwood Y Ballinger N Barr
Battles N Beasley-Teague N Bell Y Belton N Bennett N Bentley N Benton Y Beskin N Beverly N Broadrick N Brockway N Brooks Y Bruce N Bryant N Buckner Y Burns N Caldwell, J N Caldwell, M N Cantrell Y Carson N Carter N Casas N Chandler Y Cheokas N Clark, D N Clark, H N Clark, V Y Coleman N Cooke
E Dawkins-Haigler Y Deffenbaugh N Dempsey N Dickerson N Dickey Y Dickson Y Dollar N Douglas N Drenner N Dudgeon N Dukes E Dunahoo N Duncan Y Ealum N Efstration Y Ehrhart Y England N Epps N Evans Y Fleming N Floyd Y Fludd N Frazier N Frye Y Gardner N Gasaway E Geisinger N Glanton Y Golick N Gordon N Gravley Y Greene E Hamilton
Y Hatchett Y Hawkins N Henson N Hightower Y Hitchens Y Holcomb E Holmes N Houston N Howard N Hugley N Jackson Y Jacobs N Jasperse Y Jones, J N Jones, J.B. Y Jones, L N Jones, S N Jordan N Kaiser N Kelley N Kendrick Y Kidd Y Kirby Y Knight N LaRiccia N Lumsden N Mabra N Marin N Martin Y Maxwell N Mayo N McCall N McClain
N Mosby Y Nimmer Y Nix N Oliver Y O'Neal N Pak N Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J N Prince Y Pruett N Quick N Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves N Rhodes Y Rice
Roberts Y Rogers, C N Rogers, T N Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw N Sims
N Smith, R Smyre
N Spencer N Stephens, M N Stephens, R N Stephenson N Stovall N Stover Y Strickland Y Tankersley N Tanner Y Tarvin
Taylor, D Y Taylor, T
Teasley N Thomas, A.M. N Thomas, E N Trammell N Turner N Waites N Watson Y Welch Y Weldon N Werkheiser
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 62, nays 106.
The motion was lost.
The House has disagreed.
Representative Taylor of the 79th moved that the House reconsider its action in failing to agree to the Senate substitute, as amended by the House, to HB 520.
On the motion, the roll call was ordered and the vote was as follows:
N Abrams N Alexander N Allison N Anderson Y Atwood
Ballinger Y Barr
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson
Y Harbin N Harden N Harrell Y Hatchett Y Hawkins N Henson Y Hightower
N Meadows N Mitchell Y Morris N Mosby Y Nimmer Y Nix N Oliver
N Smith, E Y Smith, L N Smith, M Y Smith, R
Smyre N Spencer N Stephens, M
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Y Battles N Beasley-Teague N Bell Y Belton N Bennett N Bentley Y Benton Y Beskin N Beverly N Broadrick N Brockway N Brooks Y Bruce N Bryant N Buckner Y Burns N Caldwell, J N Caldwell, M N Cantrell Y Carson N Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
N Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon N Dukes E Dunahoo N Duncan Y Ealum Y Efstration Y Ehrhart Y England N Epps N Evans Y Fleming N Floyd N Fludd N Frazier N Frye N Gardner N Gasaway E Geisinger N Glanton Y Golick N Gordon N Gravley Y Greene E Hamilton
Y Hitchens Y Holcomb E Holmes Y Houston N Howard N Hugley N Jackson Y Jacobs N Jasperse Y Jones, J Y Jones, J.B. Y Jones, L N Jones, S N Jordan N Kaiser N Kelley N Kendrick N Kidd Y Kirby Y Knight N LaRiccia N Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo N McCall N McClain
Y O'Neal Pak
Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y Powell, A Y Powell, J N Prince Y Pruett N Quick N Raffensperger Y Rakestraw Y Ramsey N Randall Y Reeves Y Rhodes Y Rice
Roberts Y Rogers, C Y Rogers, T N Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw N Sims
Stephens, R N Stephenson N Stovall N Stover Y Strickland Y Tankersley N Tanner Y Tarvin
Taylor, D Y Taylor, T E Teasley N Thomas, A.M. N Thomas, E N Trammell N Turner N Waites N Watson Y Welch Y Weldon Y Werkheiser N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C
Williams, E Y Williamson N Yates
Ralston, Speaker
On the motion, the ayes were 82, nays 84.
The motion was lost.
Representative Mitchell of the 88th moved that the following Bill of the House be taken from the table:
HB 515. By Representatives Mitchell of the 88th and Holcomb of the 81st:
A BILL to be entitled an Act to incorporate the City of Tucker in DeKalb County; 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 Y Ballinger N Barr
N Coomer N Cooper N Corbett E Dawkins-Haigler Y Deffenbaugh N Dempsey Y Dickerson
Harbin N Harden N Harrell N Hatchett Y Hawkins Y Henson N Hightower
Y Meadows Y Mitchell N Morris Y Mosby N Nimmer N Nix Y Oliver
Y Smith, E Y Smith, L Y Smith, M N Smith, R
Smyre Y Spencer Y Stephens, M
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4023
Y Battles Y Beasley-Teague Y Bell N Belton Y Bennett Y Bentley Y Benton N Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner N Burns Y Caldwell, J N Caldwell, M N Cantrell N Carson Y Carter Y Casas
Chandler Y Cheokas Y Clark, D N Clark, H Y Clark, V Y Coleman N Cooke
N Dickey N Dickson N Dollar Y Douglas Y Drenner N Dudgeon Y Dukes E Dunahoo N Duncan Y Ealum N Efstration N Ehrhart N England N Epps Y Evans N Fleming
Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton
Golick Y Gordon N Gravley N Greene E Hamilton
N Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse N Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd N Kirby N Knight N LaRiccia N Lumsden Y Mabra Y Marin N Martin Y Maxwell Y Mayo Y McCall Y McClain
N O'Neal Pak
N Parrish N Parsons N Peake N Petrea N Pezold Y Powell, A N Powell, J Y Prince N Pruett N Quick N Raffensperger Y Rakestraw N Ramsey Y Randall N Reeves N Rhodes Y Rice
Roberts Y Rogers, C N Rogers, T N Rutledge N Rynders Y Scott N Setzler Y Sharper N Shaw
Sims
Stephens, R N Stephenson Y Stovall Y Stover N Strickland N Tankersley N Tanner Y Tarvin
Taylor, D N Taylor, T N Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites N Watson N Welch Y Weldon N Werkheiser Y Wilkerson N Wilkinson N Willard Y Williams, A N Williams, C
Williams, E N Williamson Y Yates
Ralston, Speaker
On the motion, the ayes were 88, nays 75.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 515. By Representatives Mitchell of the 88th and Holcomb of the 81st:
A BILL to be entitled an Act to incorporate the City of Tucker in DeKalb County; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To incorporate the City of Tucker in DeKalb County; to provide for a charter for the City of Tucker; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such
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city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for codes; to provide for a charter commission; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, courts, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for ethics and disclosures; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for homestead exemptions; to provide for bonds for officials; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates and transitional provisions governing the transfer of various functions and responsibilities from DeKalb County to the City of Tucker; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I CREATION, INCORPORATION, AND POWERS
SECTION 1.01. Incorporation.
This Act shall constitute the charter of the City of Tucker, Georgia. The City of Tucker, Georgia, in the County of DeKalb, and the inhabitants thereof, are constituted and declared a body politic and corporate under the same name and style of the "City of Tucker" and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all courts of law and equity, and in all actions whatsoever, and may have and use a common seal for all other purposes as authorized by the laws of the State of Georgia and the Constitution of the State of Georgia.
SECTION 1.02. Corporate boundaries.
The boundaries of the City of Tucker shall be those set forth and described in Appendix A of this charter, and such Appendix A is incorporated into and made a part of this charter. The city clerk shall maintain a current map and written legal description of the corporate boundaries of the city, and such map and description shall incorporate any changes which may hereafter be made in such corporate boundaries.
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SECTION 1.03. Powers and construction.
(a) Except as provided in subsection (b) of this section, the city shall have the following powers:
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades to the extent permitted by general law; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation.
(A) To condemn property inside the corporate limits of the city for present or future use and for any public purpose deemed necessary by the city council, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; and (B) To condemn and cause to be remediated or removed any building, structure, or existing condition within its corporate limits that is dangerous to life, limb, or property, by reasons of decay, dilapidation, or unsanitary condition. Nothing in this subparagraph shall be construed to relieve the city of any duty to give owners or interested persons reasonable notice and opportunity to remedy the situation. Nothing in this subparagraph shall be construed as relieving the city of liability to any owner or interested person for damages to person or property taken or destroyed in furtherance of this subparagraph. This subparagraph shall not be construed as authorizing the doing of any act or thing contrary to the Constitution of this state and the policy of the general laws of this state. The city shall have authority to adopt reasonable ordinances and resolutions for the purpose of carrying out this subparagraph;
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(6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the enactment of ordinances that preserve and improve air quality, restore and maintain water resources, control erosion and sedimentation, manage storm water and establish a storm-water utility, manage solid and hazardous waste, and provide other necessary or beneficial actions for the protection of the environment; (9) Ethics. To adopt ethics ordinances and regulations governing such things as, but not limited to, the conduct of municipal elected officials, appointed officials, contractors, vendors, and employees; establishing procedures for ethics complaints; and setting forth penalties for violations of such rules and procedures; (10) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (11) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges, taxes, or fees; (12) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (14) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (15) Homestead exemption. To establish and maintain procedures for offering homestead exemptions to residents of the city and maintaining current homestead exemptions of residents of the city as authorized by Act of the General Assembly; (16) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; to provide for the use of pretrial diversion and any alternative sentencing allowed
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by Georgia law; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (17) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (18) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices not specified in this charter, commissions, authorities, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (19) Municipal courts. To create a municipal court with a judge or judge and associate judges as may be necessary and to authorize the creation of a municipal court clerk's office or make said clerk's duties a part of the duties of the city clerk as designated by the city council; (20) 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; (21) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (22) 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; (23) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, storm-water management, gas works, electricity generating plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (24) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (25) 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; (26) Planning and zoning. To provide comprehensive city planning for city land use, signage, and outside advertising, and development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (27) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a firefighting agency;
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(28) 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; (29) Public improvements. To provide for the acquisition, construction, building, operation, maintenance, or abolition of public ways, parks and playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside the corporate limits of the city and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (30) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (31) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (32) Public utilities and services. To grant franchises or make contracts for, or impose taxes on, public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (33) 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; (34) Retirement and employee benefits. To provide and maintain a retirement plan, insurance, and such other employee benefits for appointed officers and employees of the city, as are determined by the city council; (35) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (36) 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;
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(37) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements, subject to referendum; (38) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation to a maximum of 1 mill without a referendum; (39) Taxes: other. To levy and collect such other taxes and fees as may be allowed now or in the future by law; (40) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; to inspect such vehicles and mandate standards of safety and cleanliness; and to regulate the parking of such vehicles; (41) Tourism, conventions, and trade shows. To provide for the structure, operation, and management of the Tucker Convention and Visitors Bureau created pursuant to Section 1.05 of this charter and to authorize the City of Tucker to contract with private sector nonprofit organizations or other governmental agencies to promote tourism, conventions, and trade shows; (42) Urban redevelopment. To organize and operate an urban redevelopment program; and (43) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and any listing of particular powers in this charter shall not be held to be exclusive of others or restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. (b) Except as provided in subsection (c) of this section, the city shall exercise the powers enumerated in subsection (a) of this section only for the purposes of planning and zoning, code adoption and enforcement, and parks and recreation services and those items directly related to the provision of such services and for the general administration of the city in providing such services. (c) In the event that the city desires to provide services in addition to those services enumerated in subsection (b) of this section, the city council shall pass a resolution specifically stating the services sought to be offered by the city and shall submit such resolution for ratification by the electors of the city in a referendum. If the electors of the city vote in favor of ratifying such resolution, then the city shall be authorized to exercise the powers enumerated in subsection (a) of this section for the purpose of providing such services stated in such resolution and those items directly related to the provision of such services and for the general administration of the city in providing such services. If the
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electors of the city disapprove such resolution, such resolution shall immediately be null and void and of no force and effect.
SECTION 1.04. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this 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.
SECTION 1.05. Tourism, conventions, and trade shows.
The Tucker Convention and Visitors Bureau is hereby authorized to be created by an ordinance of the city council. When created, the bureau shall consist of a board of seven members appointed by the city council. The bureau shall report to the city manager on a regular basis and shall send an annual report to the city council in January of each year.
ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND LEGISLATIVE BRANCH
SECTION 2.01. City council creation; number; election.
(a) The legislative authority of the government of the City of Tucker, except as otherwise specifically provided in this charter, shall be vested in a city council of which the mayor shall be a voting member.
(b)(1) The city council of the City of Tucker shall consist of six members, plus the mayor. (2) There shall be three council districts, designated as Council Districts 1 through 3, as described in Appendix B of this charter, which is attached to and made a part of this charter of the City of Tucker. (3) Two councilmembers shall be elected from each of the three council districts and shall hold Council District 1, Post 1; Council District 1, Post 2; Council District 2, Post 1; Council District 2, Post 2; Council District 3, Post 1; and Council District 3, Post 2, respectively. Each person desiring to offer as a candidate for councilmember for such posts shall designate the council post for which he or she is offering. Councilmembers shall be elected by a majority vote of the qualified electors of the respective council districts voting at the elections of the city. In the event that no candidate for a council post obtains a majority vote of the qualified electors of the council district voting in the election, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election for such council post shall be included in the run-off election. The person receiving the highest
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number of votes of the qualified electors of the council district voting at such run-off election shall be elected. Each candidate for election to the city council shall reside in the district which he or she seeks to represent. (c) With the exception of the initial terms set forth in subsection (d) of this section, councilmembers shall be elected to terms of four years and until their respective successors are elected and qualified on a staggered basis in alternate election cycles such that every two years three councilmembers are up for election. (d) In order to assure staggered elections of the councilmembers, in the first election of the city council, the terms for the candidates elected for Council District 1, Post 1; Council District 2, Post 1; and Council District 3, Post 1 shall expire upon the administration of the oath of office to their successors elected in the regular elections held in November, 2017, as provided in subsection (b) of Section 2.02 of this charter. The terms for the candidates elected for Council District 1, Post 2; Council District 2, Post 2; and Council District 3, Post 2 shall expire upon the administration of the oath of office to their successors elected in the regular elections held in November, 2019, as provided in subsection (b) of Section 2.02 of this charter. Thereafter, a successor to each councilmember shall be elected at the November election immediately preceding the end of such councilmember's term of office, and the term of each councilmember shall expire upon the administration of the oath of office to his or her successor. (e) With the exception of the initial term of office, the mayor of the City of Tucker, with the powers and duties specified in this charter, shall be elected to a term of four years and until his or her successor is elected and qualified. The mayor shall be elected by a majority vote of the qualified electors of the city at large voting at the elections of the city. In the event that no candidate for mayor obtains a majority vote of the qualified electors of the city at large voting at the elections of the city, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election shall be included in the run-off election, and the candidate receiving the highest number of votes in the runoff of the qualified electors of the city at large voting in such runoff shall be elected. The term of the first elected mayor shall expire upon the administration of the oath of office to his or her successor elected in the regular election held in November, 2017, as provided in subsection (b) of Section 2.02 of this charter. Thereafter, a successor to each mayor shall be elected at the November election immediately preceding the end of such mayor's term of office and the term of each mayor shall expire upon the administration of the oath of office to his or her successor.
SECTION 2.02. Mayor and councilmembers; terms and qualifications for office.
(a) For all elections subsequent to the first election, the mayor and councilmembers shall serve for terms of four years and until their terms shall expire upon the administration of the oath of office to their respective successors. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the City of Tucker for a continuous period of at least 12 months immediately prior to the date of
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election for mayor or councilmember, shall continue to reside therein during that person's period of service, and shall continue to be registered and qualified to vote in municipal elections of the City of Tucker. In addition to the above requirements, no person shall be eligible to serve as a councilmember representing a council district unless that person continues to reside in such district during that person's period of service. (b) An election shall be held on the date of and in conjunction with the 2016 presidential preference primary to elect the first mayor and city council. At such election, the first mayor and council shall be elected to serve for the initial terms of office specified in subsections (d) and (e) of Section 2.01. Thereafter, the time for holding regular municipal elections shall be on the Tuesday after the first Monday in November of each odd-numbered year beginning in 2017. (c) The number of successive terms an individual may hold a position as a councilmember shall be limited to two terms. (d) The number of successive terms an individual may hold the position of mayor shall be limited to three terms.
SECTION 2.03. Vacancy; filling of vacancies; suspensions.
(a) Elected officials of the city shall not hold other elective or public offices. The elective offices of the city's government shall become vacant upon the incumbent's death, resignation, removal, or forfeiture of office. The following shall result in an elected city official forfeiting his or her office:
(1) Failing to reside in the city or the district from which such person was elected; (2) Being convicted of, or pleading guilty or nolo contendere to, a felony or any misdemeanor involving theft or deception; or (3) Failing to attend one-third of the regular meetings of the council in a three-month period without being excused by the council. (b) The office of mayor shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor. (c) The office of a councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of a councilmember shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that
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office, the mayor shall appoint a successor for the remainder of the term, subject to the approval of the city council or those members remaining. This provision shall also apply to a temporary vacancy created by the suspension from office of a councilmember.
SECTION 2.04. Nonpartisan elections.
Political parties shall not conduct primaries for city offices, and all names of candidates for city offices shall be listed without party designation.
SECTION 2.05. Election votes.
The candidate for mayor who receives the majority vote of the qualified electors of the city at large voting in the elections of the city and the candidates for the city council who receive the majority vote of the qualified electors of their respective districts voting in the elections of the city shall be elected to a term of office.
SECTION 2.06. Applicability of general laws; qualifying; other provisions.
All elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A, the "Georgia Election Code," as now or hereafter amended or otherwise provided by law. Except as otherwise provided by this charter, the city council shall, by ordinance or resolution, prescribe such rules and regulations as it deems appropriate, including, but not limited to, the establishment of qualifying fees, to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A, the "Georgia Election Code," as now or hereafter amended or otherwise provided by law.
SECTION 2.07. Compensation and expenses.
The annual salary of the mayor shall be $20,000.00, and the annual salary for each councilmember shall be $14,000.00. Such salaries shall be paid from municipal funds in monthly installments. The mayor shall be provided an annual expense allowance of $5,000.00 and each councilmember shall be provided an annual expense allowance of $3,000.00 for the reimbursement of expenses actually and necessarily incurred by the mayor and councilmembers in carrying out their duties as elected officials of the city.
SECTION 2.08. Inquiries and investigations.
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The city council may make inquiries and investigations into the affairs of the city and conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance.
SECTION 2.09. Meetings, oath of office, and mayor pro tempore.
(a) The city council shall meet on the seventh working day in January immediately following each regular municipal election. The meeting shall be called to order by the mayor-elect, and the oath of office shall be administered to the newly elected mayor and councilmembers collectively by a judicial officer authorized to administer oaths. The oath shall, to the extent that it comports with federal and state law, be as follows:
"I do solemnly swear or affirm that I will faithfully execute the office of [councilmember or mayor, as the case may be] of the City of Tucker, and will, to the best of my ability, support and defend the Constitution of the United States, the Constitution of the State of Georgia, and the charter, ordinances, and regulations of the City of Tucker. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of my district and the City of Tucker for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interests of the City of Tucker to the best of my ability without fear, favor, affection, reward, or expectation thereof." (b) Following the induction of the mayor and councilmembers, the city council, by a majority vote of the councilmembers, shall elect a councilmember to be mayor pro tempore, who shall serve for a term of two years and until a successor is elected and qualified. The number of successive terms an individual may hold a position as mayor pro tempore shall be unlimited. (c) The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's temporary disability, suspension, or absence. If the mayor pro tempore is absent because of sickness or disqualification, any one of the remaining councilmembers, chosen by the councilmembers present, shall be clothed with all the rights and privileges of the mayor as described in this charter and shall perform the mayor's duties in the same manner as the mayor pro tempore. (d) The city council shall, at least once a month, hold regular meetings at such times and places as shall be prescribed by ordinance. The city council may recess any regular meeting and continue such meeting on any day or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting.
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(e) Special meetings of the city council may be held on call of either the mayor and one councilmember or three councilmembers. Notice of such special meetings shall be delivered to all councilmembers, the mayor, and the city manager personally, by registered mail, or by electronic means at least 24 hours in advance of the meeting. Such notice shall not be required if the mayor, all councilmembers, and the city manager are present when the special meeting is called. Such notice of any special meeting may be waived by the mayor, a councilmember, or the city manager in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice. The notice of such special meeting shall state what business is to be transacted at the special meeting. Only the business stated in the call may be transacted at the special meeting.
SECTION 2.10. Quorum; voting.
(a) Four councilmembers shall constitute a quorum and shall be authorized to transact business for the city council. The mayor shall be counted toward the making of a quorum. Voting on the adoption of ordinances shall be taken by voice vote, and the yeas and nays shall be recorded in the minutes, but on the request of any member, there shall be a roll call vote. In order for any ordinance, resolution, motion, or other action of the city council to be adopted, the measure shall receive at least three affirmative votes and shall receive the affirmative votes of a majority of those voting. Notwithstanding any provision to the contrary, no ordinance shall be adopted if the ordinance receives a no vote from both councilmembers that have a residence requirement in any one of the three districts. (b) Any voting member of the council may abstain from voting on an issue or may recuse himself or herself from voting only when a conflict of interest exists. Such conflict shall be disclosed to the city council and entered on the record. A vote to abstain may be entered by any voting member as a protest under the councilmember's First Amendment rights and shall be reflected as such in the record of the vote. If any councilmember or the mayor is present and eligible to vote on a matter and refuses to do so for a reason he or she will not disclose, he or she shall be deemed to have voted with the majority of the votes of the other councilmembers on the issue involved, provided that if there is a tie in the vote of the voting councilmembers, then the mayor and each councilmember shall be required to vote unless he or she discloses a reason for not voting. The mayor shall have one vote on all matters brought before the council. (c) The following types of actions require an ordinance in order to have the force of law:
(1) Adopt or amend an administrative code or establish, alter, or abolish a department, office not specified in this charter, or agency; (2) Provide for a fine or other penalty; (3) Levy taxes; (4) Grant, renew, or extend a franchise; (5) Regulate a rate for a public utility;
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(6) Authorize the borrowing of money; (7) Convey, lease, or encumber city land; (8) Regulate land use and development; (9) Amend or repeal an ordinance already adopted; and (10) Propose and vote on a budget for the fiscal year and to authorize a budget plan for a term beyond the current fiscal year. (d) The city council shall establish by ordinance procedures for convening emergency meetings. In an emergency, an ordinance may be passed without notice or hearings if the city council passes the ordinance by a three-fourths' vote; provided, however, that the city council shall not in an emergency meeting: (1) Levy taxes; (2) Grant, renew, or extend a franchise; (3) Regulate a rate for a public utility; or (4) Borrow money.
SECTION 2.11. General power and authority of the city council.
(a) Except as otherwise provided by law or by this charter, the city council shall be vested with all the powers of government of the City of Tucker as provided in Article I of this charter. (b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Tucker and may enforce such ordinances by imposing penalties for violation thereof.
SECTION 2.12. Administrative and service departments.
(a) Except for the office of city manager and the positions provided for in this charter, the city council, by ordinance, may establish, abolish, merge, or consolidate offices not specified in this charter, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The city council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies created or established under this charter; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by
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ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and city council.
SECTION 2.13. Prohibitions.
(a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is in conflict with or which is within the scope of the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others, except as required by law; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which he or she is engaged. As used in this paragraph, the term "valuable" means an amount determined by the city council; provided, however, that the amount shall not exceed $150.00; or (5) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she or any member of his or her immediate family has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. As used in this subsection, the term "private financial interest" includes the interest of a spouse, child, or significant other or domestic partner. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose in writing such private interest, such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity.
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(c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the city council shall hold any other elective city office or be employed by any city or county government during the term for which elected.
SECTION 2.14. Boards, commissions, and authorities.
(a) All members of boards, commissions, and authorities of the city shall be nominated by the mayor subject to confirmation by the city council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. If the city council does not approve of two consecutive nominations by the mayor for the same position, any councilmember may nominate such member subject to confirmation by the city council. (b) No member of any board, commission, or authority of the city shall hold any elective office in the city. Councilmembers and the mayor, however, may serve as ex officio members of such boards, commissions, or authorities, without a vote. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for original appointment, except as otherwise provided by this charter or any applicable law of the State of Georgia. (d) No member of a board, commission, or authority shall assume office until he or she shall have executed and filed with the designated officer of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the city council and administered by the mayor or a judicial officer authorized by law to administer oaths. (e) Any member of a board, commission, or authority may be removed from office by a vote of a majority of the councilmembers in accordance with state laws. (f) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or
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applicable state law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the designated officer of the city.
SECTION 2.15. Ordinance form; procedures.
(a) Every proposed ordinance and resolution shall be introduced in writing, and the city council shall have the authority to approve, disapprove, or amend such ordinance or resolution. A resolution may be passed at the time it is offered, but an ordinance shall not be adopted until the title of such ordinance shall have been read at two city council meetings, provided that the beginning of such meetings be not less than 24 hours nor more than 60 days apart. This requirement of two readings shall not apply to emergency ordinances, to ordinances passed during the first 90 days from the date on which the city begins operation, or to ordinances adopted at the first meeting of the initial city council as elected under subsection (b) of Section 2.02 of this charter. The catchlines of sections of this charter or any ordinance printed in boldface type, italics, or otherwise are intended as mere catchwords to indicate the contents of the section and:
(1) Shall not be deemed or taken to be titles of such sections or as any part of the section; and (2) Shall not be so deemed when any of such sections, including the catchlines, are amended or reenacted unless expressly provided to the contrary. Furthermore, the chapter, article, and section headings contained in this charter shall not be deemed to govern, limit, or modify or in any manner affect the scope, meaning, or intent of the provisions of any chapter, article, or section of this charter. (b) The city council may, by ordinance or resolution, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent councilmembers. Such rules may include punishment for contemptuous behavior conducted in the presence of the city council.
SECTION 2.16. Submission of ordinances to the city clerk.
(a) Every ordinance, resolution, and other action adopted by the city council shall be presented to the city clerk within 15 days of its adoption or approval. The city clerk shall record upon the ordinance the date of its delivery from the city council. (b) An ordinance or resolution that has been passed by the city council shall become effective on the date the ordinance is passed by the city council or on such other date as may be specified in the ordinance.
ARTICLE III EXECUTIVE BRANCH
SECTION 3.01. Powers and duties of the mayor.
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(a) The mayor shall: (1) Preside over all meetings of the city council; (2) Set the agenda for meetings of the city council after receiving input from members of the city council, the city manager, and the public; provided, however, that an additional item shall be added to the agenda upon the written request of any member of the city council, and name of the mayor or councilmember placing an item on the agenda shall be noted on the agenda; (3) Serve as the ceremonial head of the city and as its official representative to federal, state, and local government bodies and officials; (4) Sign all orders, checks, and warrants for payment of money within a level of authorization as established by the city council; (5) Execute all contracts, deeds, and other obligations of the city within a level of authorization as established by the city council; (6) Vote in all matters before the city council as provided in subsection (a) of Section 2.10 of this charter; (7) Make all appointments of city officers as provided by this charter, subject to confirmation by the city council; (8) Serve in a part-time capacity and be compensated accordingly; (9) Approve all raises or increases in compensation of city staff with the consent of the city council; and (10) Perform any other duties and exercise any other powers required by state or federal law or authorized by a duly adopted ordinance that is not in conflict with this charter.
(b) The mayor shall have the authority to certify that a supplemental appropriation is possible due to unexpected revenue increases but only with approval of the city council. (c) The mayor shall have all of the powers specifically granted to the mayor elsewhere in this charter regardless of whether such powers are enumerated in this section.
SECTION 3.02. City manager; appointment and qualification.
The mayor shall nominate a person for the office of city manager, and the approval of the city council shall be required to make the appointment official. If the first proposed city manager is rejected by the city council, the mayor shall make a second appointment selection. If the city council rejects that second appointment selection, the city council shall offer a candidate for city manager and, by a majority vote, send the appointee to the mayor for approval. If the mayor vetoes or does not approve, a second vote of a twothirds' majority of the council shall be needed to approve the appointee for the position. The city council may offer as many candidates as needed until the required approval is achieved. The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her education and experience in the accepted competencies and practices of local government management.
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SECTION 3.03. City manager; chief administrative officer.
The city manager shall be the chief administrative officer of the government of the city. The city manager shall devote all of his or her working time and attention to the affairs of the city and shall be responsible to the mayor and city council for the proper and efficient administration of the affairs of the city over which such officer has jurisdiction.
SECTION 3.04. City manager; powers and duties enumerated.
The city manager shall have the power, and it shall be his or her duty, to: (1) See that all laws and ordinances are enforced; (2) Propose a budget for city operations from a zero base with input from the actual expenditures of the city from the prior year; (3) Appoint and employ all necessary employees of the city, provided that the power of this appointment shall not include officers and employees who, by this charter, are appointed or elected by the mayor and the city council or departments not under the jurisdiction of the city manager; (4) Remove employees appointed and employed under paragraph (3) of this section, without the consent of the city council and without assigning any reason therefor; (5) Exercise supervision and control of all departments and all divisions created in this charter or that may hereafter be created by the city council except as otherwise provided in this charter or specified by the city council; (6) Attend all meetings of the city council, without a right to vote, but with a right to take part in the discussions as seen fit by the chairperson; provided, however, that regardless of the decision of the meeting chairperson, the city manager may take part in any discussion and report on any matter requested and approved by the city council at such meeting. The city manager shall be entitled to notice of all special meetings; (7) Recommend to the city council for adoption such measures as the city manager may deem necessary or expedient; (8) See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and, upon knowledge of any violation thereof, to call the same to the attention of the city attorney, whose duty it shall be forthwith to take such steps as are necessary to protect and enforce the same; (9) Make and execute all lawful contracts on behalf of the city as to matters within the city manager's level of authorization as established by the city council to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no contract purchase or obligation requiring a budget amendment shall be valid and binding until after approval of the city council;
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(10) Sign all orders, checks, and warrants for payment of money within the city manager's level of authorization as established by the city council to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no such order, check, or warrant requiring a budget amendment shall be valid and binding until after approval of the city council; (11) Act as budget officer to prepare and submit to the city council, after review and comment by the mayor, prior to the beginning of each fiscal year, a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts allotted to each department of the city government and the reasons for such estimated expenditures; (12) Keep the city council at all times fully advised as to the financial condition and needs of the city; (13) Make a full written report to the city council on the fifteenth of each month showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of such reports shall be published by the city clerk; (14) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; (15) Shall have the authority to transfer appropriations within a department, fund, service, strategy, or organizational unit, but only with the approval of the city council; and (16) Perform such other duties as may be prescribed by this charter or required by ordinance or resolution of the city council.
SECTION 3.05. City council interference with administration.
Except for the purpose of inquiries and investigations under Section 2.08 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction or supervision of the city manager solely through the city manager or a designated agent, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.
SECTION 3.06. City manager; removal.
(a) The mayor and city council may remove the city manager from office for any reason in accordance with the following procedures:
(1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution removing the city manager and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager;
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(2) Within five days after a copy of the resolution is delivered to the city manager, he or she may file with the city council a written request for a public hearing. This hearing shall be held at a city council meeting not earlier than 15 days nor later than 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing; and (3) The city council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of four of its members at any time after five days from the date when a copy of preliminary resolution was delivered to the city manager, if he or she has not requested a public hearing, or at any time after the public hearing if he or she has requested one. (b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of his or her removal. The action of the city council in suspending or removing the city manager shall not be subject to review by any court or agency. (c) If the city manager is suspended in accordance with subsection (a) of this section or becomes disabled and is unable to carry out the duties of the office or if the city manager dies, the acting city manager shall perform the duties of the city manager until the city manager's disability is removed or until the city manager is replaced. Removal of the city manager because of disability shall be carried out in accordance with the provisions of subsection (a) of this section.
SECTION 3.07. Acting city manager.
(a) The mayor with the approval of the city council may appoint any person to exercise all powers, duties, and functions of the city manager during the city manager's suspension under subsection (a) of Section 3.06 of this charter, temporary absence from the city, or during the city manager's disability. (b) In the event of a vacancy in the office of city manager, the mayor may designate with the approval of the city council a person as acting city manager, who shall exercise all powers, duties, and functions of the city manager until a city manager is appointed.
SECTION 3.08. City attorney.
The city council shall appoint the city attorney or attorneys, together with such assistant city attorneys as may be deemed appropriate, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The rates or salary paid to any city attorney or assistant city attorney shall be approved in advance by the city council. The city attorney or attorneys shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court if the city elects to create a municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, other officers, and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties
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as may be required by virtue of his or her position as city attorney. Except as provided in this charter, the city attorney or attorneys shall review and sign all contracts and documents that bind the city but shall not have the power to bind the city. In a conflict between the mayor and the city council, the city attorney shall engage a separate outside firm to represent the interests of the city council and mayor, respectively. Notwithstanding any law or ordinance to the contrary, the city attorney shall not represent the interest of the city council or the mayor against the other. Unless the litigation allegations specify individual wrongdoing by an individual member of the city council or the mayor, the outside firm shall be able to represent the entity rather than the individual and separate attorneys for the individuals of the city council shall not be necessary.
SECTION 3.09. City clerk.
The city council shall appoint a city clerk to keep a journal of the proceedings of the city council; to maintain in a safe place all records and documents pertaining to the affairs of the city; and to perform such duties as may be required by law or ordinance or as the mayor or city manager may direct.
SECTION 3.10. Tax collector.
The mayor may appoint a tax collector, subject to confirmation by the city council, to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city; and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.
SECTION 3.11. City accountant.
The city council shall appoint a city accountant to perform the duties of an accountant.
SECTION 3.12. City internal auditor.
The city council shall appoint an internal auditor to audit the financial records and expenditures of city funds and to report the results of such audits in writing to the city council at times and intervals set by the city council but no less than quarterly. Such audit reports shall, at a minimum, identify all city expenditures and other financial matters that the internal auditor either determines are not in compliance with or cannot conclusively be determined to be in compliance with: (1) the provisions of this charter;
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(2) the applicable city budget; and (3) applicable ordinances, resolutions, or other actions duly adopted or approved under the provisions of this charter.
SECTION 3.13. Consolidation of functions.
The city manager, with the approval of the city council, may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions, or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The city manager may also, with the approval of the city council, perform all or any part of the functions of any of the positions or offices in lieu of the appointment of other persons to perform the same.
SECTION 3.14. Position classification and pay plans; employment at will.
The city manager shall be responsible for the preparation of a position classification and a pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the City of Tucker and any of its agencies and offices. When a pay plan has been adopted by the city council, neither the city council nor the city manager shall increase or decrease the salaries of individual employees except in conformity with such pay plan or pursuant to an amendment of such pay plan duly adopted by the city council. Except as otherwise provided in this charter, all employees of the city shall be subject to removal or discharge, with or without cause, at any time.
ARTICLE IV MUNICIPAL COURT
SECTION 4.01. Creation.
The city council may establish by ordinance a court to be known as the Municipal Court of the City of Tucker which shall have jurisdiction and authority to try offenses against the laws and ordinances of such city and to punish for a violation of such laws or ordinances. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law, including ordinances of the city; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before such court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which, under the laws of Georgia, are placed within the jurisdiction of municipal courts to the extent of, and in accordance with, the provisions of such laws and all laws subsequently enacted amendatory thereof. Such court shall be presided over by a judge of such court
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pursuant to Chapters 32 through 45 and 60 through 76 of Title 36 of the O.C.G.A. The provisions of this article shall apply only upon the creation of the municipal court.
SECTION 4.02. Judges.
(a) There shall be at least one judge of the municipal court and that judge shall be designated as the chief judge with the authority to direct the court calendar, recommend associate judges to the city council, sit in presiding matters, discipline the city solicitors, and enforce all the powers of a judicial officer pursuant to Chapter 1 of Title 15 of the O.C.G.A. (b) No person shall be qualified or eligible to serve as a judge unless he or she shall have attained the age of 28 years and shall have been a member of the State Bar of Georgia for a minimum of seven years. The judge or judges shall be nominated by the mayor subject to approval by the city council. The compensation and number of the judges shall be fixed by the city council. (c) Before entering on duties of his or her office, a judge shall take an oath before an officer duly authorized to administer oaths in this state declaring that he or she will truly, honestly, and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council. (d) A judge shall serve for a term of four years but may be removed from the position by a two-thirds' vote of the entire membership of the city council or shall be removed upon action by the State Judicial Qualifications Commission for:
(1) Willful misconduct in office; (2) Willful and persistent failure to perform duties; (3) Habitual intemperance; (4) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or (5) Disability seriously interfering with the performance of duties, which is, or is likely to become, of a permanent character.
SECTION 4.03. Convening.
The municipal court shall be convened at such times as designated by ordinance or at such times as deemed necessary by the judge to keep current the dockets thereof.
SECTION 4.04. Jurisdiction; powers.
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(a) The municipal court shall try and punish for crimes against the City of Tucker and for violations of its ordinances. The municipal court may fix punishment for offenses within its jurisdiction to the fullest extent allowed by state law. (b) The municipal court shall have authority to recommend to the city council for approval a schedule of fees to defray the cost of operation. (c) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as security for appearances of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited to the judge presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City of Tucker, or the property so deposited shall have a lien against it for the value forfeited. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears, by probable cause, that a state law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of such court. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The municipal court is specifically vested with all of the judicial jurisdiction and judicial powers throughout the entire area of the City of Tucker granted by state laws generally to municipal courts, and particularly by such laws as authorize the abatement of nuisances.
SECTION 4.05. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of DeKalb County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.06. Rules for court.
With the approval of the city council, the judge or judges 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.
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ARTICLE V FINANCE AND FISCAL
SECTION 5.01. Fiscal year.
The city council shall set the fiscal year by ordinance. Such fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department or institution, agency, and activity of the city government, unless otherwise provided by state or federal law.
SECTION 5.02. Preparation of budgets.
The city council shall provide, by ordinance, the procedures and requirements for the preparation and execution of an annual operating budget and a capital budget, including requirements as to the scope, content, and form of such budgets and programs.
SECTION 5.03. Submission of operating budget to city council.
(a) On or before a date fixed by the city council, but not later than the first day of the ninth month of the fiscal year currently ending, the city manager shall, after input, review, and comment by the mayor, submit to the city council a proposed operating budget and capital budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor and city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as they may deem pertinent. The operating budget, the capital budget, the budget message, and all supporting documents shall be filed in the office of the city manager and shall be open to public inspection. (b) Prior to passage of the budget, the city council shall hold a special public hearing at which the budget shall be presented and public comment on the budget shall be solicited. The date, time, and place of the special public hearing shall be announced no less than 30 days prior to the scheduled date for such hearing. (c) All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made. When a supplemental appropriation is certified by the city manager to exist, these appropriations may be spent during the current fiscal year following passage of a supplemental appropriation ordinance.
SECTION 5.04. Action by city council on budget.
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(a) The city council may amend the operating budget or capital budget proposed by the city manager in accordance with subsection (a) of Section 5.03 of this charter, except that the budget, as finally amended and adopted, shall provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year; and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund. (b) The city council shall adopt a budget on or before the first day of the eleventh month of the fiscal year currently ending. If the city council fails to adopt the budget by the prescribed deadline, the operating budget and capital budget proposed by the mayor and city manager shall be adopted without further action by the city council.
SECTION 5.05. Procurement and property management.
No contract with the city shall be binding on the city unless it is in writing. The city council may adopt procedures for the authorization of certain contracts without the city attorney's signature or city council approval. Absent the foregoing, no contract with the city shall be binding on the city unless:
(1) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (2) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings.
SECTION 5.06. Purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 5.07. External audits.
(a) There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. (b) As a minimum, all audits and budgets of the city shall satisfy the requirements of Chapter 81 of Title 36 of the O.C.G.A., relating to local government audits and budgets. (c) The city council shall appoint the external auditor.
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SECTION 5.08. Homestead exemption; freeze.
(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Tucker, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this section is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include not more than five contiguous acres of homestead property.
(b) Each resident of the City of Tucker is granted an exemption on that person's homestead from City of Tucker ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is added to or removed from the homestead, the base year assessed value shall be adjusted to reflect such addition or removal, and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Tucker, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Tucker, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Tucker, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Tucker, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu
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of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017.
SECTION 5.09. Homestead exemption; senior citizens; disabled.
(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Tucker, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means Georgia taxable net income determined pursuant to Chapter 7 of Title 48 of the O.C.G.A., as amended, for state income tax purposes, except income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and such individual's spouse under the federal Social Security Act. Income from such sources in excess of such maximum amount shall be included as income for the purposes of this charter. (4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made.
(b) Each resident of the City of Tucker who is disabled or is a senior citizen is granted an exemption on that person's homestead from City of Tucker ad valorem taxes for municipal purposes in the amount of $14,000.00 of the assessed value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead, does not exceed $15,000.00 for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation.
(c)(1) In order to qualify for the exemption provided for in subsection (b) of this section due to being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that, in the opinion of such physician or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection.
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(2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Tucker, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Tucker, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Tucker, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Tucker, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017.
SECTION 5.10. Homestead exemption; general.
(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Tucker, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended.
(b) Each resident of the City of Tucker is granted an exemption on that person's homestead from City of Tucker ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Tucker, or the designee thereof, giving such information relative
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to receiving such exemption as will enable the governing authority of the City of Tucker, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Tucker, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Tucker, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2017.
SECTION 5.11. Homestead exemption; surviving spouses.
(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Tucker, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Unremarried surviving spouse" of a member of the armed forces includes the unmarried widow or widower of a member of the armed forces who is receiving spousal benefits from the United States Department of Veterans Affairs.
(b) Any person who is a resident of the City of Tucker and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in or has died as a result of any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, shall be granted a homestead exemption from all City of Tucker ad valorem taxation for municipal purposes in the amount of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended. As of January 1, 2013, the maximum amount which may be
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granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended, is $50,000.00. The exemption shall be on the homestead which the unremarried surviving spouse owns and actually occupies as a residence and homestead. In the event such surviving spouse remarries, such person shall cease to be qualified to continue the exemption under this Act effective December 31 of the taxable year in which such person remarries. The value of all property in excess of such exemption granted to such unremarried surviving spouse shall remain subject to taxation. (c) In order to qualify for the exemption provided for in this Act, the unremarried surviving spouse shall furnish to the governing authority of the City of Tucker, or the designee thereof, documents from the Secretary of Defense evidencing that such unremarried surviving spouse receives spousal benefits as a result of the death of such person's spouse who as a member of the armed forces of the United States was killed or died as a result of a war or armed conflict while on active duty or while performing authorized travel to or from active duty during such war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, pursuant to the Survivor Benefit Plan under Subchapter II of Chapter 73 of Title 10 of the United States Code or pursuant to any preceding or subsequent federal law which provides survivor benefits for spouses of members of the armed forces who were killed or who died as a result of any war or armed conflict. (d) An unremarried surviving spouse filing for the exemption under this section shall be required to file with the governing authority of the City of Tucker, or the designee thereof, information relative to marital status and such other information which the governing authority of the City of Tucker, or the designee thereof, deems necessary to determine eligibility for the exemption. Each unremarried surviving spouse shall file for the exemption only once with the governing authority of the City of Tucker or the designee thereof. Once filed, the exemption shall automatically be renewed from year to year, except that the governing authority of the City of Tucker, or the designee thereof, may require annually that the holder of an exemption substantiate his or her continuing eligibility for the exemption. It shall be the duty of any person granted the homestead exemption under this section to notify the governing authority of the City of Tucker, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by this section shall be in lieu of and not in addition to any other exemption from ad valorem taxation for municipal purposes which is equal to or lower in amount than such exemption granted by this section. If the amount of any other exemption from ad valorem taxation for municipal purposes applicable to any resident qualifying under this section is greater than or is increased to an amount greater than the amount of the applicable exemption granted by this section, such other exemption shall apply and shall be in lieu of and not in addition to the exemption granted by this section. (f) The exemptions granted by this section shall apply to all tax years beginning on or after January 1, 2017.
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ARTICLE VI GENERAL PROVISIONS
SECTION 6.01. DeKalb county special services tax district.
For the taxable years beginning on or after January 1, 2016, the adjusted ad valorem tax millage rate and amount for service charges or fees for district services for the Tucker special services tax district shall be 0 percent. This section is enacted pursuant to the authority granted to the General Assembly under Section 1 of that local constitutional amendment providing that certain municipalities in DeKalb County shall constitute special services tax districts, Resolution Act No. 168; House Resolution No. 715-1916; Ga. L. 1978, p. 2468, to control the subject matter of such local constitutional amendment. Municipal services provided by DeKalb County for the City of Tucker shall be established through intergovernmental agreements or established as otherwise authorized by statute.
SECTION 6.02. Referendum and initial election.
(a) The election superintendent of DeKalb County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of Tucker for approval or rejection. The superintendent shall set the date of such election for the Tuesday after the first Monday in November, 2015. The superintendent shall issue the call for such election at least 60 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act incorporating the City of Tucker in DeKalb County ( ) NO according to the charter contained in the Act and the homestead
exemptions described in the Act be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in this charter, otherwise it shall be void and of no force and effect. The initial expense of such election shall be borne by DeKalb County. Within two years after the elections if the incorporation is approved, the City of Tucker shall reimburse DeKalb County for the actual cost of printing and personnel services for such election and for the initial election of the mayor and councilmembers pursuant to Section 2.02 of this charter. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State. (b) For the purposes of the referendum election provided for in subsection (a) of this section and for the purposes of the special election of the City of Tucker to be held on the
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date of and in conjunction with the 2016 presidential preference primary, the qualified electors of the City of Tucker shall be those qualified electors of DeKalb County residing within the corporate limits of the City of Tucker as described by Appendix A of this charter. At subsequent municipal elections, the qualified electors of the City of Tucker shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) Only for the purposes of holding and conducting the referendum election provided for by subsection (a) of this section and holding and conducting the special election of the City of Tucker to be held on the date of and in conjunction with the 2016 presidential preference primary, the election superintendent of DeKalb County is vested with the powers and duties of the election superintendent of the City of Tucker and the powers and duties of the governing authority of the City of Tucker.
SECTION 6.03. Effective dates and transition.
(a) The initial mayor and councilmembers shall take the oath of office the next business day after certification of the election of such officers and by action of any four members of the governing authority may, prior to the first day of the second month immediately following the 2016 presidential preference primary, meet and take actions binding on the city. (b) A period of time will be needed for an orderly transition of various government functions from DeKalb County to the City of Tucker. Accordingly, there shall be a twoyear transition period as allowed by law beginning at 12:01 A.M. on the first day of the second month immediately following the 2016 presidential preference primary. (c) During such transition period, DeKalb County shall continue to provide within the territorial limits of the city all government services and functions which DeKalb County provided in 2015 and at the same actual direct cost and level of service, except to the extent otherwise provided in this section; provided, however, that upon at least 30 days' prior written notice to the governing authority of DeKalb County by the governing authority of the City of Tucker, responsibility for any such service or function shall be transferred to the City of Tucker. The governing authority of the City of Tucker shall determine the date of commencement of collection of taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of the city and the date upon which the City of Tucker is considered removed from the special services tax district. (d) During the transition period, the governing authority of the City of Tucker may generally exercise any power granted by this charter or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. (e) During the transition period, all ordinances of DeKalb County shall remain applicable within the territorial limits of the city unless otherwise amended, repealed, or replaced by the City of Tucker. Any transfer of jurisdiction to the City of Tucker during or at the end of the transition period shall not in and of itself abate any judicial proceeding pending in
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DeKalb County or the pending prosecution of any violation of any ordinance of DeKalb County. (f) During the transition period, the governing authority of the City of Tucker may at any time, without the necessity of any agreement by DeKalb County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of the City of Tucker commencing to exercise its planning and zoning powers, the Municipal Court of the City of Tucker shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall control over any conflicting provisions of any other subsection of this section. (g) Effective upon the termination of the transition period, subsections (b) through (f) of this section shall cease to apply except for the last sentence of subsection (e) which shall remain effective. Effective upon the termination of the transition period, the City of Tucker shall be a full functioning municipal corporation and subject to all general laws of this state.
SECTION 6.04. Directory nature of dates.
It is the intention of the General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for providential cause or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing, it is specifically provided that, if it is not possible to hold the referendum election provided for in Section 6.02 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable. If the referendum election provided for in Section 6.02 of this Act is conducted on or before the Tuesday after the first Monday in November, 2015, the special election for the initial members of the governing authority shall be conducted on the date specified in Section 2.02 of this Act. If the referendum election provided for under Section 6.02 of this Act is conducted after the Tuesday after the first Monday in November, 2015, then the special election for the initial members of the governing authority shall be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly. If the first election provided for in Section 2.02 of this Act occurs after the date of the 2016 presidential preference primary, the city council shall be authorized to delay the dates otherwise specified in Section 6.03 of this Act.
SECTION 6.05. Charter commission.
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No later than three years after the inception of the City of Tucker, the mayor and the city council shall call for a charter commission to review the city's experience and recommend to the General Assembly any changes to the charter. Members of the charter commission shall be appointed as follows: one member by the mayor, one member by the city council, and one member by each member of the Georgia House of Representatives and Georgia Senate whose district lies wholly or partially within the corporate boundaries of the City of Tucker. All members of the charter commission shall reside in the City of Tucker. The commission shall complete the recommendations within the time frame required by the city council.
SECTION 6.06. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6.07. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
APPENDIX A
LEGAL DESCRIPTION CORPORATE LIMITS CITY OF TUCKER, DEKALB COUNTY, GEORGIA
The corporate limits of the City of Tucker shall include the areas specified as follows unless such areas are within the corporate limits of another municipality on the effective date of this charter:
Plan: tucker-SD040-p1(corp)-2015 Plan Type: Local Administrator: SD040 User: bak
District TUCKER DeKalb County VTD: 089BF - BROCKETT ELEMENTARY VTD: 089BH - BROCKETT VTD: 089HA - HAMBRICK ELEM 021910: 3018
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VTD: 089HG - HUGH HOWELL VTD: 089IA - IDLEWOOD ELEM VTD: 089JB - JOLLY ELEM 021805: 3018 022009: 2001 VTD: 089LV - LAWRENCEVILLE HIGH SCHOOL VTD: 089MH - MIDVALE ELEM 021809: 5000 5001 5002 5003 5004 5005 5009 5010 5011 5012 5013 5014 5015 021810: 2000 2001 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 VTD: 089MK - MONTREAL VTD: 089MM - MEMORIAL NORTH 021910: 3021 022009: 3014 VTD: 089MW - MIDVALE ROAD 021809: 5018 5019 5020 5022 021810: 2002 2003 2004 2005 2006 2019 2020 2021 VTD: 089NC - NORTH HAIRSTON 021910: 1000 2000 VTD: 089RD - REHOBOTH 021704: 1007 1008 1009 1010 1011 1012 1024 1025 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 VTD: 089SD - STN MTN ELEMENTARY 021907: 1001 1008 1009 1010 1020 VTD: 089SH - SMOKE RISE VTD: 089SI - STN MTN MIDDLE VTD: 089SJ - STONE MILL ELEM 021911: 2002 021913: 3000 3002 3003
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VTD: 089TF - TUCKER VTD: 089TH - TUCKER LIBRARY
For the purposes of this description, 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 the 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.
APPENDIX B
LEGAL DESCRIPTION COUNCIL DISTRICTS CITY OF TUCKER, DEKALB COUNTY, GEORGIA
Plan: tucker-SD040-p1(dist)-2015 Plan Type: Local Administrator: SD040 User: bak
District 001 DeKalb County VTD: 089BF - BROCKETT ELEMENTARY 021805: 3000 021806: 1000 1001 1002 1003 1007 1008 1009 1015 1016 1017 1018 1019 1021 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2027 2028 2031 3017 021912: 1004 1005 VTD: 089HG - HUGH HOWELL VTD: 089LV - LAWRENCEVILLE HIGH SCHOOL 021806: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3018 3019 3020 VTD: 089NC - NORTH HAIRSTON 021910: 1000 VTD: 089SD - STN MTN ELEMENTARY 021907: 1001 1008 1009 1010 1020
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VTD: 089SH - SMOKE RISE VTD: 089SI - STN MTN MIDDLE 021805: 3002 3003 3007 3008 021806: 2026 2029 2030 021907: 3026 021910: 3000 3001 3002 3003 3004 3005 021911: 2000 2001 021913: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 VTD: 089SJ - STONE MILL ELEM 021911: 2002 021913: 3000 3002 3003
District 002 DeKalb County VTD: 089BF - BROCKETT ELEMENTARY 021805: 1009 1010 1013 1014 1016 1017 3001 3009 021806: 1004 1006 1010 1011 1012 1013 1014 1020 1022 VTD: 089BH - BROCKETT 021805: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1011 1012 1015 1018 1019 1020 1021 1022 1023 1024 1025 1026 2000 2001 2002 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 3019 021806: 1005 022009: 3007 3008 VTD: 089HA - HAMBRICK ELEM 021910: 3018 VTD: 089IA - IDLEWOOD ELEM
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VTD: 089JB - JOLLY ELEM 021805: 3018 022009: 2001 VTD: 089MK - MONTREAL 022001: 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 022007: 1000 1011 1012 022009: 1014 1015 2000 VTD: 089MM - MEMORIAL NORTH 021910: 3021 022009: 3014 VTD: 089NC - NORTH HAIRSTON 021910: 2000 VTD: 089SI - STN MTN MIDDLE 021805: 3004 3005 3020 3021 3022
District 003 DeKalb County VTD: 089BH - BROCKETT 021805: 2003 2004 2005 2006 2007 021809: 2038 2039 2040 021810: 3023 3030 3031 3034 3035 VTD: 089LV - LAWRENCEVILLE HIGH SCHOOL 021806: 3015 3016 021809: 1004 1005 1006 1008 2000 2001 2002 2003 2004 2005 2006 2011 2012 2022 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 VTD: 089MH - MIDVALE ELEM 021809:
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5000 5001 5002 5003 5004 5005 5009 5010 5011 5012 5013 5014 5015 021810: 2000 2001 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 VTD: 089MK - MONTREAL 021704: 1000 1001 1002 1003 1004 1005 1006 2000 2001 2002 2003 2004 VTD: 089MW - MIDVALE ROAD 021809: 5018 5019 5020 5022 021810: 2002 2003 2004 2005 2006 2019 2020 2021 VTD: 089RD - REHOBOTH 021704: 1007 1008 1009 1010 1011 1012 1024 1025 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 VTD: 089TF - TUCKER VTD: 089TH - TUCKER LIBRARY
For the purposes of this plan (tucker-p1-2015): (1) The term "VTD" shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; (2) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia; (3) Any part of the City of Tucker which is not included in any district described in this plan (tucker-p1-2015) shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia; (4) Any part of the City of Tucker which is described in this plan (tucker-p1-2015) 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; and
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(5) Any part of the City of Tucker which is described in this plan but is in the corporate limits of another municipality on the effective date of this Act shall nevertheless not be included in any of the districts described in the plan.
APPENDIX C
CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION
I, Representative Billy Mitchell, Georgia State Representative from the 88th District and the author of this bill introduced at the 2015 session of the General Assembly of Georgia, which grants an original municipal charter to the City of Tucker, do hereby certify that this bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. in that the area embraced within the original incorporation in this bill is in all respects in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. This certificate is executed to conform to the requirements of Code Section 36-31-5 of the O.C.G.A.
So certified this ___________ day of ________________, 2015.
____________________________________ Honorable Billy Mitchell Representative, 88th District Georgia State House of Representatives
Representative Mitchell of the 88th moved that the House disagree to the Senate substitute to HB 515.
The motion prevailed.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 470. By Representatives Knight of the 130th, Carter of the 175th, Shaw of the 176th, Taylor of the 173rd, Parrish of the 158th 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
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certain provisions relating to "The Pharmacy Audit Bill of Rights"; 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 certain terms; to impose certain requirements for the use of maximum allowable cost pricing by pharmacy benefits managers; to provide for enforcement of such requirements; to provide for requirements relating to inperson pharmacies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 475. By Representatives McCall of the 33rd, Burns of the 159th, Meadows of the 5th, England of the 116th, Harden of the 148th and others:
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 relating to the hunting of feral hogs; to revise definitions; to allow for the taking of feral hogs without a hunting license; to remove additional restrictions on the hunting of feral hogs; 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 Senate:
SB 209. By Senator Jackson of the 2nd:
A BILL to be entitled an Act to amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, particularly by an Act approved April 4, 2012 (Ga. L. 2012, p. 4628), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for 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 464. By Representative Williamson of the 115th:
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, and exemptions from state income taxes, so as to sunset tax credits relating to water conservation facilities and a shift from ground-water usage; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
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The following Bills of the House were taken up for the purpose of considering the Senate action thereon:
HB 153. By Representatives Weldon of the 3rd, Willard of the 51st, Reeves of the 34th, Kelley of the 16th, Oliver of the 82nd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, so as to provide for a civil action for damages; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, so as to authorize certain activities involving real estate transactions; to provide for a civil action for damages; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, is amended by adding two new Code sections to read as follows:
"15-19-59. (a) As used in this Code section, the terms 'associate broker,' 'broker,' and 'salesperson' shall have the same meanings as set forth in Code Section 43-40-1. (b) A broker, associate broker, or salesperson licensed pursuant to Chapter 40 of Title 43, a seller of real property or the employee of a seller of real property, or an employee of a property management company engaged in the leasing or management of commercial or multifamily properties may:
(1) Provide information and advice to their principals, clients, and customers in matters involving the listing, management, sale, purchase, exchange, renting, lease, option, or other conveyance of any real estate or the improvements thereon; (2) Prepare special stipulations to forms that were prepared by an attorney in connection with the listing, sale, purchase, exchange, renting, lease, or option for any real estate or the improvements thereon; (3) Provide legal forms prepared by an attorney to their principals, clients, and customers; and
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(4) Complete legal instruments prepared by an attorney for their principals, clients, and customers. (c) This Code section shall not authorize a broker, associate broker, or salesperson to close a real estate transaction or to express, render, or issue a legal opinion as to the status of the title to real or personal property. No person or voluntary association, other than an active member in good standing of the State Bar of Georgia, shall close a real estate transaction or express, render, or issue a legal opinion as to the status of the title to real or personal property. (d) This Code section shall not prevent the activities authorized by Code Section 1519-52, 15-19-53, 15-19-54, or 43-40-25.1.
15-19-60. Any consumer who is a party to a one-to-four family residential real estate transaction or a consumer debtor or a trustee of a consumer debtor in a bankruptcy case that involves a one-to-four family residential real property who is damaged by a violation of this article or a violation of the Supreme Court's rules or opinions governing the unlicensed practice of law shall be entitled to maintain a civil action to recover damages, treble damages, reasonable attorney's fees, and expenses of litigation. A claim for a violation of this Code section shall be asserted in an individual action only and shall not be the subject of a class action under Code Section 9-11-23. This Code section shall not prevent the activities authorized by Code Section 15-19-52, 15-19-53, 15-19-54, 15-19-59, or 43-40-25.1."
SECTION 2. 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 153.
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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly
Y Coomer Y Cooper Y Corbett E 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 Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J
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 Tankersley Y Tanner Y Tarvin Y Taylor, D
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Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas
Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene E Hamilton
Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo McCall Y McClain
Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice
Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson N Welch Y Weldon Y Werkheiser 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 313. By Representatives Dickey of the 140th, Nimmer of the 178th, Coomer of the 14th, Mayo of the 84th and Howard of the 124th:
A BILL to be entitled an Act to amend Article 2 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to leaves of absence for certain public employees, so as to authorize the application for limited paid leave for the purpose of promoting education in this state; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Article 2 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to leaves of absence for certain public employees, so as to authorize the application for limited paid leave for the purpose of promoting education in this state; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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SECTION 1.
Article 2 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to leaves of absence for certain public employees, is amended by adding a new Code section to read as follows:
"45-20-32. Each full-time, nontemporary employee of the State of Georgia or of any branch, department, board, bureau, or commission thereof shall be entitled to apply for up to eight hours of paid leave per calendar year for the purpose of promoting education in this state. The State Personnel Board shall submit to the Governor for approval rules and regulations which shall effectuate the purpose and govern the administration of this Code section. Such rules and regulations shall require that paid leave only be authorized for activities directly related to student achievement and academic support and shall prohibit the use of such leave for political purposes or agendas."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Dickey of the 140th moved that the House agree to the Senate substitute to HB 313.
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 Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson
Y Coomer Y Cooper Y Corbett E 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice
Roberts
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 Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell N Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser
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Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene E Hamilton
Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo
McCall Y McClain
Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
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 1.
The motion prevailed.
HB 328. By Representatives Efstration of the 104th, Coomer of the 14th, Nimmer of the 178th, Dickey of the 140th, Golick of the 40th and others:
A BILL to be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10, Code Sections 17-10-7 and 42-9-45, Chapter 1 of Title 43, and Code Section 49-4-15 of the O.C.G.A., relating to the "Fair Business Practices Act of 1975," repeat offenders and the State Board of Pardons and Paroles general rule-making authority, general provisions for professions and businesses, and fraud in obtaining public assistance, food stamps, or Medicaid; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Part 2 of Article 15 of Chapter 1 of Title 10, Code Sections 17-10-7 and 42-945, Chapter 1 of Title 43, and Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," repeat offenders and the State Board of Pardons and Paroles general rule-making authority, general provisions for professions and businesses, and fraud in obtaining public assistance, food stamps, or Medicaid, respectively, so as to enact reforms recommended by the Georgia Council on Criminal Justice Reform involving adult offenders; to provide greater employment opportunities for individuals who have had interaction with the criminal justice system; to provide protection to consumers relating to consumer reports in connection with employment and licensing; to provide for definitions; to change provisions relating to certain inmates' parole eligibility; to provide for probationary licenses under certain conditions; to change provisions relating to the misdemeanor and felony threshold in certain fraud cases; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to create the Council of Accountability Court Judges of Georgia; to
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provide for membership, duties, and responsibilities; to change responsibilities of drug court divisions, mental health court divisions, and veterans court divisions from the Judicial Council of Georgia to the Council of Accountability Court Judges of Georgia; to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for payment and disposition of fines and forfeitures, so as to provide for the collection of moneys owed to a court; to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, so as to change the name of the Georgia Public Defender Standards Council; to remove all references to standards within the chapter; to remove mandatory provisions and make them discretionary; to change provisions relating to the qualifications of the director; to revise the director's powers and authority; to require fewer council and legislative oversight meetings; to limit disclosure of information only upon request; to repeal provisions requiring the council to approve programs for the representation of indigent persons; to change provisions relating to appeals in alternative delivery systems; to amend Title 15 and Code Sections 35-6A-3 and 36-32-1 of the Official Code of Georgia Annotated, relating to courts, membership on the Criminal Justice Coordinating Council, and establishment of municipal courts, respectively, so as to 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 SECTION 1-1.
Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," is amended by adding a new Code section to read as follows:
"10-1-393.14. (a) As used in this Code section, the term:
(1) 'Adverse effect' means: (A) A denial of employment; (B) Any other decision for employment purposes that negatively affects any current or prospective employee; or (C) A denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of any license.
(2) 'Consumer report' means any written, oral, or other communication of any information bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for purposes of credit, insurance, or employment.
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(3) 'Consumer reporting agency' means any person or entity which, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties. (4) 'Employment purposes' means used for the purpose of evaluating a consumer for employment, promotion, reassignment, retention as an employee, or licensing. (b) A consumer reporting agency which furnishes a consumer report for employment purposes and which for that purpose compiles and reports items of information on consumers which are matters of public record and are likely to have an adverse effect upon a consumer's ability to obtain employment shall: (1) At the time such public record information is reported to the user of such consumer report, notify the consumer of the fact that public record information is being reported by the consumer reporting agency, together with the name and address of the person to whom such information is being reported; or (2) Maintain strict procedures designed to ensure that whenever public record information which is likely to have an adverse effect on a consumer's ability to obtain employment is reported it is complete and up to date. For purposes of this paragraph, items of public record relating to arrests, indictments, and convictions shall be considered up to date if the current public record status of the item at the time of the report is reported. (c) A consumer reporting agency shall be considered to be conducting business in this state if it provides information to any individual, partnership, corporation, association, or any other group however organized that is domiciled within this state or whose principal place of business is within this state. (d) A consumer reporting agency that provides a consumer report for employment purposes that is in compliance with the federal Fair Credit Reporting Act in existence on March 11, 2015, shall be deemed to have complied with this Code section."
PART II SECTION 2-1.
Code Section 17-10-7 of the Official Code of Georgia Annotated, relating to punishment of repeat offenders, is amended by revising subsection (c) as follows:
"(c) Except as otherwise provided in subsection (b) or (b.1) of this Code section and subsection (b) of Code Section 42-9-45, any person who, after having been convicted under the laws of this state for three felonies or having been convicted under the laws of any other state or of the United States of three crimes which if committed within this state would be felonies, commits a felony within this state shall, upon conviction for such fourth offense or for subsequent offenses, serve the maximum time provided in the sentence of the judge based upon such conviction and shall not be eligible for parole until the maximum sentence has been served."
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SECTION 2-2.
Code Section 42-9-45 of the Official Code of Georgia Annotated, relating to the State Board of Pardons and Paroles general rule-making authority, is amended by revising subsection (b) as follows:
"(b)(1) An inmate serving a misdemeanor sentence or misdemeanor sentences shall only be eligible for consideration for parole after the expiration of six months of his or her sentence or sentences or one-third of the time of his or her sentence or sentences, whichever is greater. (2) Except as otherwise provided in Code Sections 17-10-6.1 and 17-10-7 and paragraph (3) of this subsection, an inmate serving a felony sentence or felony sentences shall only be eligible for consideration for parole after the expiration of nine months of his or her sentence or one-third of the time of the sentences, whichever is greater. Except as otherwise provided in Code Sections 17-10-6.1 and 17-10-7 and paragraph (3) of this subsection, inmates serving sentences aggregating 21 years or more shall become eligible for consideration for parole upon completion of the service of seven years. (3) When an inmate was sentenced pursuant to subsection (d) of Code Section 16-1330 and subsection (c) of Code Section 17-10-7 to a term of at least 12 years and up to a life sentence, he or she may become eligible for consideration for parole if he or she:
(A) Has never been convicted of: (i) A serious violent felony as such term is defined in Code Section 17-10-6.1; (ii) An offense for which he or she was or could have been required to register pursuant to Code Section 42-1-12; provided, however, that this paragraph shall not apply to any felony that became punishable as a misdemeanor on or after July 1, 2006; (iii) A violation of paragraph (1) or (2) of subsection (b) of Code Section 16-5-21; (iv) A violation of Code Section 16-11-106; and (v) A violation of Code Section 16-11-131;
(B) Has completed at least 12 years of his or her sentence; (C) Has obtained a low-risk for recidivism rating as determined by a validated risk assessment instrument approved by the Department of Corrections; (D) Has been classified as a medium or less than medium security risk for institutional housing classification purposes by the Department of Corrections; (E) Has completed all criminogenic programming requirements as determined by a validated risk assessment instrument approved by the Department of Corrections; (F) In the 12 months preceding consideration, has not been found guilty of any serious disciplinary infractions; and (G) Has a high school diploma or general educational development (GED) diploma, unless he or she is unable to obtain such educational achievement due to a learning disability or illiteracy. If the inmate is incapable of obtaining such education, he or she shall have completed a job skills training program, a literacy program, an adult basic education program, or a faith based program."
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PART III SECTION 3-1.
Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions for professions and businesses, is amended by adding a new subsection to Code Section 43-1-19, relating to grounds for refusing to grant or revoking licenses, to read as follows:
"(p)(1) Notwithstanding any other provision of this Code section or title, when an applicant submits his or her application for licensure or renewal, together with proof of completion of a drug court division program, as set forth in Code Section 15-1-15, a board shall issue the applicant a probationary license under the terms and conditions deemed appropriate by such board. (2) Paragraph (1) of this subsection shall not supersede a board's consideration of an applicant's other prior criminal history or arrests or convictions that occur subsequent to completion of a drug court division program."
PART IV SECTION 4-1.
Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to fraud in obtaining public assistance, food stamps, or Medicaid, is amended by revising subsection (a) as follows:
"(a) Any person who by means of a false statement, failure to disclose information, or impersonation, or by other fraudulent device, obtains or attempts to obtain, or any person who knowingly or intentionally aids or abets such person in the obtaining or attempting to obtain:
(1) Any grant or payment of public assistance, food stamps, or medical assistance (Medicaid) to which he or she is not entitled; (2) A larger amount of public assistance, food stamp allotment, or medical assistance (Medicaid) than that to which he or she is entitled; or (3) Payment of any forfeited grant of public assistance; or any person who, with intent to defraud the department, aids or abets in the buying or in any way disposing of the real property of a recipient of public assistance shall be guilty of a misdemeanor unless the total amount of the value of public assistance, food stamps, and medical assistance (Medicaid) so obtained exceeds $500.00 $1,500.00, in which event such person 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. In determining the amount of value of public assistance, food stamps, and medical assistance (Medicaid) obtained by false statement, failure to disclose information, or impersonation, or other fraudulent device, the total amount obtained during any uninterrupted period of time shall be treated as one continuing offense."
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PART V
SECTION 5-1.
Title 15 of the Official Code of Georgia Annotated is amended by revising Code Section 15-1-15, relating to drug court divisions, by revising paragraphs (4) and (10) of subsection (a) as follows:
"(4)(A) The On or before January 1, 2013, the Judicial Council of Accountability Court Judges of Georgia shall establish standards and practices for drug court divisions taking into consideration guidelines and principles based on current research and findings published by the National Drug Court Institute and the Substance Abuse and Mental Health Services Administration, relating to practices shown to reduce recidivism of offenders with drug abuse problems. Standards and practices shall include, but shall not be limited to, the use of a risk and needs assessment to identify the likelihood of recidivating and identify the needs that, when met, reduce recidivism. The Judicial Council of Accountability Court Judges of Georgia shall update its standards and practices to incorporate research, findings, and developments in the drug court field. Each drug court division shall adopt policies and practices that are consistent with the standards and practices published by the Judicial Council of Accountability Court Judges of Georgia. (B) The On and after January 1, 2013, the Judicial Council of Accountability Court Judges of Georgia shall provide technical assistance to drug court divisions to assist them with the implementation of policies and practices, including, but not limited to, guidance on the implementation of risk and needs assessments in drug court divisions. (C) The On or before July 1, 2013, the Judicial Council of Accountability Court Judges of Georgia shall create and manage a certification and peer review process to ensure drug court divisions are adhering to the Judicial Council of Accountability Court Judges of Georgia's standards and practices and shall create a waiver process for drug court divisions to seek an exception to the Judicial Council of Accountability Court Judges of Georgia's standards and practices. In order to receive state appropriated funds, any drug court division established on and after July 1, 2013, shall be certified pursuant to this subparagraph or, for good cause shown to the Judicial Council of Accountability Court Judges of Georgia, shall receive a waiver from the Judicial Council of Accountability Court Judges of Georgia. (D) On and after July 1, 2013, the award of any state funds for a drug court division shall be conditioned upon a drug court division attaining certification or a waiver by the Judicial Council of Accountability Court Judges of Georgia. On or before September 1, the Judicial Council of Accountability Court Judges of Georgia shall publish an annual report listing certified drug court divisions. (E) The Council of Accountability Court Judges of Georgia and the Georgia Council on Criminal Justice Reform Pursuant to Code Section 15-5-24, the Administrative Office of the Courts shall develop and manage an electronic
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information system for performance measurement and accept submission of performance data in a consistent format from all drug court divisions. The Judicial Council of Accountability Court Judges of Georgia shall identify elements necessary for performance measurement, including, but not limited to, recidivism, the number of moderate-risk and high-risk participants in a drug court division, drug testing results, drug testing failures, participant employment, the number of participants who successfully complete the program, and the number of participants who fail to complete the program. (F) On or before July 1, 2015, and every three years thereafter, the Judicial Council of Accountability Court Judges of Georgia shall conduct a performance peer review of the drug court divisions for the purpose of improving drug court division policies and practices and the certification and recertification process." "(10) As used in this Code section, the term 'risk and needs assessment' means an actuarial tool, approved by the Judicial Council of Accountability Court Judges of Georgia and validated on a targeted population, scientifically proven to determine a person's risk to recidivate and to identify criminal risk factors that, when properly addressed, can reduce that person's likelihood of committing future criminal behavior."
SECTION 5-2. Said title is further amended by revising paragraphs (4) and (10) of subsection (b) of Code Section 15-1-16, relating to mental health court divisions, as follows:
"(4)(A) The On or before January 1, 2013, the Judicial Council of Accountability Court Judges of Georgia shall establish standards and practices for mental health court divisions taking into consideration guidelines and principles based on current research and findings published by expert organizations, including, but not limited to, the United States Substance Abuse and Mental Health Services Administration, the Council of State Governments Consensus Project, and the National GAINS Center, relating to practices shown to reduce recidivism of offenders with mental illness or developmental disabilities. Standards and practices shall include, but shall not be limited to, the use of a risk and needs assessment to identify the likelihood of recidivating and identify the needs that, when met, reduce recidivism. The Judicial Council of Accountability Court Judges of Georgia shall update its standards and practices to incorporate research, findings, and developments in the mental health court field. Each mental health court division shall adopt policies and practices that are consistent with the standards and practices published by the Judicial Council of Accountability Court Judges of Georgia. (B) The On and after January 1, 2013, the Judicial Council of Accountability Court Judges of Georgia shall provide technical assistance to mental health court divisions to assist them with the implementation of policies and practices, including, but not limited to, guidance on the implementation of risk and needs assessments in mental health court divisions.
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(C) The On or before July 1, 2013, the Judicial Council of Accountability Court Judges of Georgia shall create and manage a certification and peer review process to ensure mental health court divisions are adhering to the Judicial Council of Accountability Court Judges of Georgia's standards and practices and shall create a waiver process for mental health court divisions to seek an exception to the Judicial Council of Accountability Court Judges of Georgia's standards and practices. In order to receive state appropriated funds, any mental health court division established on and after July 1, 2013, shall be certified pursuant to this subparagraph or, for good cause shown to the Judicial Council of Accountability Court Judges of Georgia, shall receive a waiver from the Judicial Council of Accountability Court Judges of Georgia. (D) On and after July 1, 2013, the award of any state funds for a mental health court division shall be conditioned upon a mental health court division attaining certification or a waiver by the Judicial Council of Accountability Court Judges of Georgia. On or before September 1, the Judicial Council of Accountability Court Judges of Georgia shall publish an annual report listing of certified mental health court divisions. (E) Pursuant to Code Section 15-5-24, the Administrative Office of the Courts shall develop and manage an electronic information system for performance measurement and accept submission of performance data in a consistent format from all mental health court divisions. The Judicial Council of Accountability Court Judges of Georgia shall identify elements necessary for performance measurement, including, but not limited to, recidivism, the number of moderate-risk and high-risk participants in a mental health court division, drug testing results, drug testing failures, the number of participants who successfully complete the program, and the number of participants who fail to complete the program. (F) On or before July 1, 2015, and every three years thereafter, the Judicial Council of Accountability Court Judges of Georgia shall conduct a performance peer review of the mental health court divisions for the purpose of improving mental health court division policy and practices and the certification and recertification process." "(10) As used in this Code section, the term 'risk and needs assessment' means an actuarial tool, approved by the Judicial Council of Accountability Court Judges of Georgia and validated on a targeted population, scientifically proven to determine a person's risk to recidivate and to identify criminal risk factors that, when properly addressed, can reduce that person's likelihood of committing future criminal behavior."
SECTION 5-3. Said title is further amended by revising paragraph (4) of subsection (b) of Code Section 15-1-17, relating to veterans court divisions, as follows:
"(4) The Judicial Council of Accountability Court Judges of Georgia shall adopt standards and practices for veterans court divisions, taking into consideration guidelines and principles based on available current research and findings published
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by experts on veterans' health needs and treatment options, including, but not limited to, the VA and the Georgia Department of Veterans Service. The Judicial Council of Accountability Court Judges of Georgia shall update its standards and practices to incorporate research, findings, and developments in the veterans court field if any such research, findings, or developments are created. Each veterans court division shall adopt policies and practices that will be consistent with any standards and practices published by the Judicial Council of Accountability Court Judges of Georgia. Such standards and practices shall serve as a flexible framework for developing effective veterans court divisions and provide a structure for conducting research and evaluation for accountability. Such standards and practices are not intended to be a certification or regulatory checklist."
SECTION 5-4. Said title is further amended by adding a new Code section to read as follows:
"15-1-18. (a) As used in this Code section, the term:
(1) 'Accountability court' means a drug court division, mental health court division, or veterans court division. (2) 'Council' means the Council of Accountability Court Judges of Georgia. (b) There is created an accountability court judges' council to be known as the 'Council of Accountability Court Judges of Georgia.' Such council shall be composed of the judges, senior judges, and judges emeriti of the accountability courts of this state. (c) The council shall be authorized to organize itself and to develop a constitution and bylaws. The council shall promulgate rules and regulations as it deems necessary. The council shall annually elect a chairperson from among its membership. The council may appoint such committees as it considers necessary to carry out its duties and responsibilities, including appointing judges serving in other courts to serve in an advisory capacity to the council. (d) It shall be the purpose of the council to effectuate the constitutional and statutory responsibilities conferred upon it by law and to further the improvement of accountability courts, the quality and expertise of the judges thereof, and the administration of justice. (e) Expenses of the administration of the council shall be paid from state funds appropriated for that purpose, from federal funds available to the council for such purpose, or from other appropriate sources. The council shall be authorized to accept and use gifts, grants, and donations for the purposes of carrying out this Code section. The council shall be authorized to accept and use property, both real and personal, and services for the purposes of carrying out this Code section. (f) The Criminal Justice Coordinating Council shall provide technical services to the council and shall assist the council in complying with all its legal requirements. (g) The Administrative Office of the Courts shall provide the council with office space and administrative support, including staff for record keeping, reporting, and related administrative and clerical functions.
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(h) Appropriations to the Administrative Office of the Courts for functions transferred to the Criminal Justice Coordinating Council pursuant to this Code section shall be transferred as provided in Code Section 45-12-90. Personnel previously employed by the Administrative Office of the Courts and equipment and facilities of the Administrative Office of the Courts shall likewise be transferred to the Criminal Justice Coordinating Council. Such transfers shall be as determined by the director of the Administrative Office of the Courts."
PART VI SECTION 6-1.
Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for payment and disposition of fines and forfeitures, is amended by revising Code Section 15-21-12, which was previously reserved, as follows:
"15-21-12. Reserved. For the purpose of collecting any moneys owed to a court pursuant to a judgment and with the recommendation of such court, a local governing authority may contract with any person doing business within or outside this state for the collection of moneys owed to such court; provided, however, that a local governing authority shall not enter into such contract for the collection of moneys owed as a result of a court order sentencing a defendant to a probationary sentence or placing a defendant under probationary supervision solely because such defendant is unable to pay the court imposed fines and statutory surcharges when such defendant's sentence is imposed."
PART VII SECTION 7-1.
Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, is amended by revising subsection (b) of Code Section 17-12-1, relating to the Georgia Public Defender Standards Council, as follows:
"(b) The Georgia Public Defender Standards Council shall be an independent agency within the executive branch of state government."
SECTION 7-2. Said chapter is further amended by revising paragraphs (4), (5), and (7) of Code Section 17-12-2, relating to definitions, as follows:
"(4) 'Council' means the Georgia Public Defender Standards Council. (5) 'Director' means the director of the Georgia Public Defender Standards Council." "(7) 'Legislative oversight committee' means the Legislative Oversight Committee for the Georgia Public Defender Standards Council."
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SECTION 7-3. Said chapter is further amended by revising subsections (a) and (e) of Code Section 1712-3, relating to the creation of the council, as follows:
"(a) There is created the Georgia Public Defender Standards Council to be composed of nine members. Other than county commission members, members of the council shall be individuals with significant experience working in the criminal justice system or who have demonstrated a strong commitment to the provision of adequate and effective representation of indigent defendants." "(e) In making the appointments of members of the council who are not county commissioners, the appointing authorities shall seek to identify and appoint persons who represent a diversity of backgrounds and experience and shall may solicit suggestions from the State Bar of Georgia, local bar associations, the Georgia Association of Criminal Defense Lawyers, the councils representing the various categories of state court judges in Georgia, and the Prosecuting Attorneys' Council of the State of Georgia, as well as from the public and other interested organizations and individuals within this state. The appointing authorities may solicit recommendations for county commissioners from the Association County Commissioners of Georgia. The appointing authorities shall not appoint a prosecuting attorney as defined in paragraph (6) of Code Section 19-13-51, any employee of a prosecuting attorney's office, or an employee of the Prosecuting Attorneys' Council of the State of Georgia to serve on the council."
SECTION 7-4. Said chapter is further amended by revising Code Section 17-12-5, relating to the director, qualifications, selection, salary, and responsibilities, as follows:
"17-12-5. (a) To be eligible for appointment as the director, a candidate shall be a member in good standing of the State Bar of Georgia with at least seven years' experience in the practice of law. The director shall be selected on the basis of training and experience and such other qualifications as the council deems appropriate. The director shall be appointed by the Governor and shall serve at the pleasure of the Governor.
(b)(1) The director shall work with and provide support services and programs for circuit public defender offices and other attorneys representing indigent persons in criminal or juvenile cases in order to improve the quality and effectiveness of legal representation of such persons and otherwise fulfill the purposes of this chapter. Such services and programs shall include, but shall not be limited to, technical, research, and administrative assistance; educational and training programs for attorneys, investigators, and other staff; assistance with the representation of indigent defendants with mental disabilities; assistance with the representation of juveniles; assistance with death penalty cases; and assistance with appellate advocacy. (2) The director may establish divisions within the office to administer the services and programs as may be necessary to fulfill the purposes of this chapter. The director
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shall establish a mental health advocacy division and the Georgia capital defender division. (3) The director may hire and supervise such staff employees and may contract with outside consultants on behalf of the office as may be necessary to provide the services contemplated by this chapter. (c) The director shall have and may exercise the following power and authority: (1) The power and authority to take or cause to be taken any or all action necessary to perform any indigent defense services or otherwise necessary to perform any duties, responsibilities, or functions which the director is authorized by law to perform and to exercise any power or authority which the council is authorized under subsection (a) of Code Section 17-12-4 to exercise; and (2) The power and authority to enforce or otherwise require compliance with any and all rules, regulations, procedures, or directives necessary to perform any indigent defense services; to carry into effect the minimum standards and policies promulgated by the council; and to perform any duties, responsibilities, or functions which the council is authorized under subsection (a) of Code Section 17-12-4 to perform or to exercise; and (3)(2) The power and authority to assist the council in the performance of its duties, responsibilities, and functions and the exercise of its power and authority. (d) The director shall: (1) Prepare and submit to the council a proposed budget for the council. The director shall also prepare and submit an annual report containing pertinent data on the operations, costs, and needs of the council and such other information as the council may require; (2) Develop such rules, procedures, and regulations as the director determines may be necessary to carry out the provisions of this chapter and submit these to the council for approval and comply with all applicable laws, standards, and regulations; (3) Administer and coordinate the operations of the council and supervise compliance with policies and standards adopted by the council; (4) Maintain proper records of all financial transactions related to the operation of the council; (5) At the director's discretion, solicit and accept on behalf of the council any funds that may become available from any source, including government, nonprofit, or private grants, gifts, or bequests; (6) Coordinate the services of the council with any federal, county, or private programs established to provide assistance to indigent persons in cases subject to this chapter and consult with professional bodies concerning the implementation and improvement of programs for providing indigent services; (7) Provide for the training of attorneys and other staff involved in the legal representation of persons subject to this chapter; (8) Attend all council meetings, except those meetings or portions thereof that address the question of appointment or removal of the director;
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(9) Ensure that the expenditures of the council are not greater than the amounts budgeted or available from other revenue sources; (10) Hire or remove a mental health advocate who shall serve as director of the division of the office of mental health advocacy; (11) Hire or remove the capital defender who shall serve as the director of the division of the office of the Georgia capital defender; and (12) Evaluate each circuit public defender's job performance. (e) The director shall not: (1) Provide direct legal representation to any person entitled to services pursuant to this chapter; and (2) Engage in the private practice of law for profit."
SECTION 7-5. Said chapter is further amended by revising Code Section 17-12-6, relating to assistance of council to public defenders, as follows:
"17-12-6. (a) The council shall may assist the public defenders throughout the state in their efforts to provide adequate legal defense to the indigent. Assistance may include:
(1) The preparation and distribution of a basic defense manual and other educational materials; (2) The preparation and distribution of model forms and documents employed in indigent defense; (3) The promotion of and assistance in the training of indigent defense attorneys; (4) The provision of legal research assistance to public defenders; and (5) The provision of such other assistance to public defenders as may be authorized by law. (b) The council: (1) Shall be the fiscal officer for the circuit public defender offices and shall account for all moneys received from each governing authority; and (2) May Shall collect, maintain, review, and publish in print or electronically records and statistics for the purpose of evaluating the delivery of indigent defense representation in Georgia."
SECTION 7-6. Said chapter is further amended by revising subsection (e) of Code Section 17-12-7, relating to councilmembers and meetings, as follows:
"(e) The council shall meet at least quarterly semiannually and at such other times and places as it deems necessary or convenient for the performance of its duties."
SECTION 7-7. Said chapter is further amended by revising Code Section 17-12-8, relating to the approval by the council of programs for representation of indigent persons, as follows:
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"17-12-8. Reserved. (a) The council shall approve the development and improvement of programs which provide legal representation to indigent persons and juveniles. (b) The council shall approve and implement programs, services, policies, and standards as may be necessary to fulfill the purposes and provisions of this chapter and to comply with all applicable laws governing the rights of indigent persons accused of violations of criminal law. (c) All policies and standards that are promulgated by the council shall be publicly available for review and shall be posted on the council's website. Each policy and standard shall identify the date upon which such policy and standard took effect."
SECTION 7-8. Said chapter is further amended by revising Code Section 17-12-10, relating to annual reporting, as follows:
"17-12-10. (a) Upon request, the The council shall prepare annually a report of its activities in order to provide the General Assembly, the Governor, and the Supreme Court of Georgia with an accurate description and accounting of the preceding year's expenditures and revenue, including moneys received from cities and county governing authorities. Such report shall include a three-year cost projection and anticipated revenues for all programs defined in the General Appropriations Act. (b) Upon request, the The council shall provide to the General Assembly, the Governor, and the Supreme Court of Georgia a detailed analysis of all grants and funds, whether public or private, applied for or granted, together with how and in what manner the same are to be utilized and expended. (c) Upon request, the The director shall prepare annually a report in order to provide the General Assembly, the Supreme Court, and the Governor with information on the council's assessment of the delivery of indigent defense services, including, but not limited to, the costs involved in operating each program and each governing authority's indigent person verification system, methodology used, costs expended, and savings realized."
SECTION 7-9. Said chapter is further amended by revising Code Section 17-12-10.1, relating to the creation of the legislative oversight committee, as follows:
"17-12-10.1. (a) There is created the Legislative Oversight Committee for the Georgia Public Defender Standards Council which shall be composed of eight persons: three members of the House of Representatives appointed by the Speaker of the House of Representatives, three members of the Senate appointed by the Senate Committee on Assignments or such person or entity as established by Senate rule, and one member of the House of Representatives and one member of the Senate appointed by the
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Governor. The members of such committee shall be selected within ten days after the convening of the General Assembly in each odd-numbered year and shall serve until their successors are appointed. (b) The Speaker of the House of Representatives shall appoint a member of such committee to serve as chairperson, and the Senate Committee on Assignments or such person or entity as established by Senate rule shall appoint one member of the committee to serve as vice chairperson during each even-numbered year. The Senate Committee on Assignments or such person or entity as established by Senate rule shall appoint a member of such committee to serve as chairperson, and the Speaker of the House of Representatives shall appoint one member to serve as vice chairperson during each odd-numbered year. Such committee shall meet at least three times once each year and, upon the call of the chairperson, at such additional times as deemed necessary by the chairperson. (c) It shall be the duty of such committee to review and evaluate:
(1) Information on new programs submitted by the council; (2) Information on rules, regulations, policies, and standards proposed by the council; (3) The strategic plans for the council; (4) Program evaluation reports and budget recommendations of the council; (5) The fiscal impact of fees and fines on counties; (6) The reports submitted pursuant to Code Section 15-21A-7 in order to identify, among other things, opportunities to reduce or consolidate fees, fines, and surcharges; and (7) Such other information or reports as deemed necessary by such committee. (d) The council and director shall cooperate with such committee and provide such information or reports as requested by the committee for the performance of its functions. (e) The council shall submit its budget estimate to the director of the Office of Planning and Budget in accordance with subsection (a) of Code Section 45-12-78. (f) The legislative oversight committee shall make an annual report of its activities and findings to the membership of the General Assembly, the Chief Justice of the Supreme Court, and the Governor within one week of the convening of each regular session of the General Assembly. The chairperson of such committee shall deliver written executive summaries of such report to the members of the General Assembly prior to the adoption of the General Appropriations Act each year. (g)(f) The members of such committee shall receive the allowances authorized for legislative members of legislative committees. The funds necessary to pay such allowances shall come from funds appropriated to the House of Representatives and the Senate. (h)(g) The legislative oversight committee shall be authorized to request that a performance audit of the council be conducted."
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SECTION 7-10. Said chapter is further amended by revising subsection (d) of Code Section 17-12-20, relating to the public defender selection panel, as follows:
"(d) A circuit public defender supervisory panel may convene at any time during its circuit public defender's term of office and shall convene at least annually for purposes of reviewing the circuit public defender's job performance and the performance of the circuit public defender office. The director and circuit public defender shall be notified at least two weeks in advance of the convening of the circuit public defender supervisory panel. The circuit public defender shall be given the opportunity to appear before the circuit public defender supervisory panel and present evidence and testimony. The chairperson shall determine the agenda for the annual review process, but, at a minimum, such review shall include information collected pursuant to subsection (c) of Code Section 17-12-24, usage of state and local funding, expenditures, and budgeting matters. The chairperson shall make an annual report on or before the thirtieth day of September of each year concerning the circuit public defender supervisory panel's findings regarding the job performance of the circuit public defender and his or her office to the director on a form provided to the panel by the director. If at any time the circuit public defender supervisory panel finds that the circuit public defender is performing in a less than satisfactory manner or finds information of specific misconduct, the circuit public defender supervisory panel may by majority vote of its members adopt a resolution seeking review of its findings and remonstrative action by the director. Such resolution shall specify the reason for such request. All evidence presented and the findings of the circuit public defender supervisory panel shall be forwarded to the director within 15 days of the adoption of the resolution. The director shall initiate action on the circuit public defender supervisory panel's resolution within 30 days of receiving the resolution. The director shall notify the circuit public defender supervisory panel, in writing, of any actions taken pursuant to submission of a resolution under this subsection."
SECTION 7-11. Said chapter is further amended by revising Code Section 17-12-36, relating to alternative delivery systems, as follows:
"17-12-36. (a) The council may permit a judicial circuit composed of a single county to continue in effect an alternative delivery system to the one set forth in this article if:
(1) The delivery system: (A) Has a full-time director and staff and had been fully operational for at least two years on July 1, 2003; or (B) Is administered by the county administrative office of the courts or the office of the court administrator of the superior court and had been fully operational for at least two years on July 1, 2003;
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(2) The council, by majority vote of the entire council, determines that the delivery system meets or exceeds its policies and standards, including, without limitation, caseload standards, as the council adopts; (3) The governing authority of the county comprising the judicial circuit enacts a resolution expressing its desire to continue its delivery system and transmits a copy of such resolution to the council not later than September 30, 2004; and (4) The governing authority of the county comprising the judicial circuit enacts a resolution agreeing to fully fund its delivery system. (b) A judicial circuit composed of a single county may request an alternative delivery system only one time; provided, however, that if such judicial circuit's request for an alternative delivery system was disapproved on or before December 31, 2004, such judicial circuit may make one further request on or before September 1, 2005. The council shall allow such judicial circuit to have a hearing on such judicial circuit's request. (c) The council shall make a determination with regard to continuation of an alternative delivery system not later than December 1, 2005, and if the council determines that such judicial circuit's alternative delivery system does not meet the standards requirements as established by the council, the council shall notify such judicial circuit of its deficiencies in writing and shall allow such judicial circuit an opportunity to cure such deficiencies. The council shall make a final determination with regard to continuation of an alternative delivery system on or before December 31, 2005. Initial and subsequent approvals of alternative delivery systems shall be by a majority vote of the entire council. (d) Any circuit whose alternative delivery system is disapproved at any time shall be governed by the provisions of this article other than this Code section. (e) In the event an alternative delivery system is approved, the council shall annually review the operation of such system and determine whether such system is meeting the standards requirements as established by the council and is eligible to continue operating as an approved alternative delivery system. In the event the council determines that such system is not meeting the standards requirements as established by the council, the council shall provide written notice to such system of the deficiencies and shall provide such system an opportunity to cure such deficiencies. (f) In the event an alternative delivery system is approved, it shall keep and maintain appropriate records, which shall include the number of persons represented; the offenses charged; the outcome of each case; the expenditures made in providing services; and any other information requested by the council. (g) In the event the council disapproves an alternative delivery system either in its initial application or annual review, such system may appeal such decision to the Supreme Court of Georgia council under such rules and procedures as shall be prescribed by the Supreme Court council. (h) An approved alternative delivery system shall be paid by the council, from funds available to the council, in an amount equal to the amount that would have been allocated to the judicial circuit for the minimum salary of the circuit public defender,
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the assistant circuit public defenders, the investigator, and the administrative staff, exclusive of benefits, if the judicial circuit was not operating an alternative delivery system."
SECTION 7-12. Said chapter is further amended by revising subsection (c) of Code Section 17-12-51, relating to repayment of attorney's fees as a condition of probation, as follows:
"(c) If a defendant who is represented by a public defender, who is paid for entirely by the state, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other costs of the defense if the payment does not impose a financial hardship upon such defendant or such defendant's dependent or dependents. Such defendant shall make such payment through the probation department to the Georgia Public Defender Standards Council for payment to the general fund of the state treasury."
SECTION 7-13. Said chapter is further amended by revising subsection (b) of Code Section 17-12-80, relating to the requirement for verification of indigence, as follows:
"(b) The council shall establish policies and standards to determine approval of an indigent person verification system and shall annually provide written notification to the Georgia Superior Court Clerks' Cooperative Authority as to whether or not a governing authority has an approved indigent person verification system."
PART VIII SECTION 8-1.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising subsection (a) of Code Section 15-6-30, relating to expenses for attendance at educational programs, as follows:
"(a) The judges of the superior courts of this state shall be entitled to receive, in addition to the compensation provided by law, reimbursement of travel expenses incurred when such a judge attends any court in his judicial circuit other than the court in the county of the residence of the judge or when the judge is required to be in any county in his circuit other than the county of his residence in the discharge of any judicial duty or function, required by law, pertaining to the superior court of such county. Judges and senior judges of the superior courts shall also be entitled to receive reimbursement under this Code section of travel expenses incurred when any such judge is designated to preside in the place of an absent Justice of the Supreme Court or attends a meeting of a judicial administrative district, The Council of Superior Court Judges of Georgia, the Judicial Council of Georgia, the Council of Accountability Court Judges of Georgia, the Advisory Council for Probation, the Judicial Qualifications
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Commission, or any committee or subcommittee of any such body, or when any such judge attends a meeting with the personnel of any state department or other state agency when such meeting is held to carry out a public purpose; provided, however, that any expenses for which reimbursement is received under this subsection shall not be eligible for reimbursement under Code Section 15-6-32."
SECTION 8-2. Said title is further amended by revising subsections (e) and (g) of Code Section 15-676.1, relating to investing or depositing funds, as follows:
"(e) When funds have been paid into the registry of the court and the order of the court relating to such funds does not state that such funds shall be placed in an interestbearing trust account for the benefit of one or more of the parties, the clerk shall deposit such funds in an interest-bearing trust account, and the financial institution in which such funds are deposited shall remit, after service charges or fees are deducted, the interest generated by said funds directly to the Georgia Superior Court Clerks' Cooperative Authority by the last day of the month following the month in which such funds were received for distribution to the Georgia Public Defender Standards Council for allotment to the circuit public defender offices. With each remittance, the financial institution shall send a statement showing the name of the court, the rate of interest applied, the average monthly balance in the account against which the interest rate is applied, the service charges or fees of the bank or other depository, and the net remittance. This subsection shall include, but not be limited to, cash supersede bonds for criminal appeal, other supercede bonds, and bonds or funds paid into the court registry in actions involving interpleader, condemnation, and requests for injunctive relief." "(g) Any interest earned on funds subject to this Code section or Code Section 15-7-49, 15-9-18, or 15-10-240 while in the custody of the Georgia Superior Court Clerks' Cooperative Authority shall be remitted to the Georgia Public Defender Standards Council."
SECTION 8-3. Said title is further amended by revising Code Section 15-7-49, relating to remittance of interest from interest-bearing trust account, as follows:
"15-7-49. When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Superior Court Clerks' Cooperative Authority in accordance with the provisions of subsections (c) through (i) of Code Section 15-6-76.1 for distribution to the Georgia Public Defender Standards Council."
SECTION 8-4. Said title is further amended by revising Code Section 15-9-18, relating to remittance of interest from cash bonds, as follows:
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"15-9-18. Whenever the sheriff transfers cash bonds to the clerk of the court, pursuant to Code Section 15-16-27, the clerk shall deposit such funds into interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Superior Court Clerks' Cooperative Authority in accordance with the provisions of subsections (c) through (i) of Code Section 15-6-76.1 for distribution to the Georgia Public Defender Standards Council."
SECTION 8-5. Said title is further amended by revising Code Section 15-10-240, relating to remittance of interest from funds, as follows:
"15-10-240. When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Superior Court Clerks' Cooperative Authority in accordance with the provisions of subsections (c) through (i) of Code Section 15-6-76.1 for distribution to the Georgia Public Defender Standards Council."
SECTION 8-6. Said title is further amended by revising subsection (b) of Code Section 15-16-27, relating to deposit of cash bonds and reserves of professional bonds persons in interestbearing accounts, as follows:
"(b) The financial institution in which the funds are deposited shall remit, after service charges or fees are deducted, the interest generated by such funds directly to the Georgia Superior Court Clerks' Cooperative Authority in accordance with the provisions of subsections (c) through (i) of Code Section 15-6-76.1 for distribution to the Georgia Public Defender Standards Council. With each remittance, the financial institution shall send a statement showing the name of the county, deposits and withdrawals from the account or accounts, interest paid, service charges or fees of the bank or other depository, and the net remittance."
SECTION 8-7. Said title is further amended by revising subsection (c) of Code Section 15-21A-7, relating to rules, regulations, reporting, and accounting, as follows:
"(c) The authority shall, on a quarterly basis, make a detailed report and accounting of all fines and fees collected and remitted by any court and shall submit such report and accounting to the Legislative Oversight Committee for the Georgia Public Defender Standards Council, the Office of Planning and Budget, the Chief Justice of the Supreme Court of Georgia, the House Budget and Research Office, and the Senate Budget and Evaluation Office no later than 60 days after the last day of the preceding quarter."
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SECTION 8-8. Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to the membership on the Criminal Justice Coordinating Council, is amended by revising subsections (a) and (c) as follows:
"(a) The Criminal Justice Coordinating Council shall consist of 24 25 members and shall be composed as follows:
(1) The chairperson of the Georgia Peace Officer Standards and Training Council, the director of homeland security, the chairperson of the Judicial Council of Georgia, the chairperson of the Council of Accountability Court Judges of Georgia, the chairperson of the Prosecuting Attorneys' Council of the State of Georgia, the commissioner of corrections, the chairperson of the Board of Corrections, the vice chairperson of the Board of Public Safety, the chairperson of the State Board of Pardons and Paroles, the State School Superintendent, the commissioner of community affairs, the president of the Council of Juvenile Court Judges, the chairperson of the Georgia Public Defender Standards Council, the chairperson of the Governor's Office for Children and Families, and the commissioner of juvenile justice or their designees shall be ex officio members of the council, as full voting members of the council by reason of their office; and (2) Ten members shall be appointed by the Governor for terms of four years, their initial appointments, however, being four for four-year terms, two for three-year terms, and four for two-year terms. Appointments shall be made so that there are always on the council the following persons: one county sheriff, one chief of police, one mayor, one county commissioner, one superior court judge, four individuals who shall be, by virtue of their training or experience, knowledgeable in the operations of the criminal justice system of this state, and one individual who shall be, by virtue of his or her training and experience, knowledgeable in the operations of the entire spectrum of crime victim assistance programs delivering services to victims of crime. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment." "(c) The initial terms for all 19 original members shall begin July 1, 1981. The initial term for the member added in 1985 shall begin July 1, 1985. The initial term for the member added in 1988 shall begin July 1, 1988. The initial term for the member added in 1989 shall begin July 1, 1989. The State School Superintendent shall be a member effective on July 1, 1989. The chairperson of the Georgia Public Defender Standards Council shall become a member on December 31, 2003. The chairperson of the Council of Accountability Court Judges of Georgia shall become a member on July 1, 2015."
SECTION 8-9. Code Section 36-32-1 of the Official Code of Georgia Annotated, relating to establishment of municipal court, is amended by revising subsections (f) and (g) as follows:
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"(f) Any municipal court operating within this state and having jurisdiction over the violation of municipal ordinances and over such other matters as are by specific or general law made subject to the jurisdiction of municipal courts shall not impose any punishment of confinement, probation, or other loss of liberty, or impose any fine, fee, or cost enforceable by confinement, probation, or other loss of liberty, as authorized by general law or municipal or county ordinance, unless the court provides to the accused the right to representation by a lawyer, and provides to those accused who are indigent the right to counsel at no cost to the accused. Such representation shall be subject to all applicable standards adopted by the Georgia Public Defender Standards Council for representation of indigent persons in this state. (g) Any municipal court operating within this state that has jurisdiction over the violation of municipal or county ordinances or such other statutes as are by specific or general law made subject to the jurisdiction of municipal courts, and that holds committal hearings in regard to such alleged violations, must provide to the accused the right to representation by a lawyer, and must provide to those accused who are indigent the right to counsel at no cost to the accused. Such representation shall be subject to all applicable standards adopted by the Georgia Public Defender Standards Council for representation of indigent persons in this state."
PART IX SECTION 9-1.
(a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2015. (b) Part II of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The provisions of Part II of this Act shall be given retroactive effect to those sentences imposed before the effective date of Part II of this Act.
SECTION 9-2. All laws and parts of laws in conflict with this Act are repealed.
Representative Efstration of the 104th moved that the House agree to the Senate substitute to HB 328.
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 Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal
Y Smith, E Y Smith, L Y Smith, M Y Smith, R
Smyre Y Spencer Y Stephens, M Y Stephens, R
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Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene E Hamilton
Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby
Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo
McCall Y McClain
Pak Y Parrish
Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice E Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sims
Y Stephenson Y Stovall N Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 165, nays 1.
The motion prevailed.
HB 492. By Representatives Jasperse of the 11th, Powell of the 32nd, Meadows of the 5th, Hightower of the 68th, Ballinger of the 23rd and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to revise provisions regarding carrying in unauthorized locations; to amend Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, so as to provide for the disclosure of records relating to licensing and possession of firearms between the judges of the probate 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
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To amend Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions for juvenile proceedings under the Juvenile Code, so as to provide that minor violations of weapons in school safety zones are not considered Class B designated felonies; to restore certain provisions to their prior form due to the conflict between the enactment of 2014 House Bill 60 and House Bill 826; to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to revise provisions regarding carrying in unauthorized locations; to clarify exemptions from weapons carry laws; to provide for a renewal period; to provide for and revise definitions; to revise persons to whom no weapons carry license shall be issued; to revise procedures in the renewal of a license; to revise procedures regarding the revocation, loss, or damage to a license; to clarify criteria for the verification of a weapons carry license; to authorize employees to enter and access the parking lots of employers with ammunition in the employee's personal vehicle under certain circumstances; to revise provisions regarding preemption of local regulation and lawsuits; to amend Code Section 17-5-52.1 of the Official Code of Georgia Annotated, relating to disposal of forfeited or abandoned firearms, so as to correct a cross-reference; to amend Code Section 20-2-1184 of the Official Code of Georgia Annotated, relating to reporting of students committing prohibited acts, so as to limit the reporting of certain acts; to amend Part 1 of Article 11 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections, so as to clarify provisions regarding the carrying of firearms within 150 feet of any polling place; to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide for the disclosure of records relating to licensing and possession of firearms between the judges of the probate 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. Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions for juvenile proceedings, is amended by revising subparagraph (N) of paragraph (13) as follows:
"(N)(i) An act which constitutes a violation of Code Section 16-11-127.1 involving a:
(I) Firearm, as defined in Code Section 16-11-131; (II) Dangerous weapon or machine gun, as defined in Code Section 16-11-121; or (III) Weapon, as defined in Code Section 16-11-127.1, together with an assault; or (ii) An act which constitutes a second or subsequent adjudication of delinquency based on a violation of Code Section 16-11-127.1; or"
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SECTION 2. Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, is amended in Code Section 16-11-126, relating to having or carrying handguns, long guns, or other weapons, license requirements, and exceptions for homes, motor vehicles, private property, and other locations and conditions, by adding a new subsection to read as follows:
"(j) Nothing in this Code section shall in any way operate or be construed to affect, repeal, or limit the exemptions provided for under Code Section 16-11-130."
SECTION 3. Said chapter is further amended in Code Section 16-11-127, relating to carrying weapons in unauthorized locations, by revising paragraphs (1) and (7) of subsection (b) and by adding a new subsection to read as follows:
"(1) In a government building as a nonlicense holder;" "(7) Within 150 feet of any polling place when elections are being conducted and such polling place is being used as a polling place as provided for in paragraph (27) of Code Section 21-2-2, except as provided in subsection (i) of Code Section 21-2-413." "(f) Nothing in this Code section shall in any way operate or be construed to affect, repeal, or limit the exemptions provided for under Code Section 16-11-130."
SECTION 4. Said chapter is further amended in Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on a bus or other transportation furnished by a school, by adding a new subsection to read as follows:
"(h) Nothing in this Code section shall in any way operate or be construed to affect, repeal, or limit the exemptions provided for under Code Section 16-11-130."
SECTION 5. Said chapter is further amended in Code Section 16-11-127.2, relating to weapons on premises of a nuclear power facility, by adding a new subsection to read as follows:
"(d) Nothing in this Code section shall in any way operate or be construed to affect, repeal, or limit the exemptions provided for under Code Section 16-11-130."
SECTION 6. Said chapter is further amended in Code Section 16-11-129, relating to weapons carry
licenses, by revising subsection (a), paragraph (1) of subsection (b), subparagraph (b)(2)(A), paragraph (1) of subsection (d), subsection (e), and subsection (l) as follows:
"(a) Application for weapons carry license or renewal license; term. The judge of the probate court of each county may shall, on application under oath, and on payment of a fee of $30.00, and on investigation of applicant pursuant to subsections (b) and (d) of this Code section, issue a weapons carry license or renewal license valid for a period of five years to any person whose domicile is in that county or who is on active duty with the United States armed forces and who is not a domiciliary of this state but who
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either resides in that county or on a military reservation located in whole or in part in that county at the time of such application. Such license or renewal license shall authorize that person to carry any weapon in any county of this state notwithstanding any change in that person's county of residence or state of domicile. Applicants shall submit the application for a weapons carry license or renewal license to the judge of the probate court on forms prescribed and furnished free of charge to persons wishing to apply for the license or renewal license. An application shall be considered to be for a renewal license if the applicant has a weapons carry license or renewal license with 90 or fewer days remaining before the expiration of such weapons carry license or renewal license or 30 or fewer days since the expiration of such weapons carry license or renewal license regardless of the county of issuance of the applicant's expired or expiring weapons carry license or renewal license. An applicant who is not a United States citizen shall provide sufficient personal identifying data, including without limitation his or her place of birth and United States issued alien or admission number, as the Georgia Bureau of Investigation may prescribe by rule or regulation. An applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). Forms shall be designed to elicit information from the applicant pertinent to his or her eligibility under this Code section, including citizenship, but shall not require data which is nonpertinent or irrelevant, such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant. The Department of Public Safety shall furnish application forms and license forms required by this Code section. The forms shall be furnished to each judge of each probate court within this state at no cost."
"(1) As used in this subsection, the term: (A) 'Armed forces' means active duty or a reserve component of the United States Army, United States Navy, United States Marine Corps, United States Coast Guard, United States Air Force, United States National Guard, Georgia Army National Guard, or Georgia Air National Guard. (A)(B) '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)(C) 'Convicted' means 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)(D) 'Dangerous drug' means any drug defined as such in Code Section 16-1371." "(1)(A) 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
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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. (B) For requests for license renewals, the presentation of a weapons carry license issued by any probate judge in this state shall be evidence to the judge of the probate court to whom a request for license renewal is made that the fingerprints of the weapons carry license holder are on file with the judge of the probate court who issued the weapons carry license, and the judge of the probate court to whom a request for license renewal is made shall, within five business days following the receipt of the request, direct the law enforcement agency to request a nonfingerprint 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 to whom a request for license renewal is made. (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, in the same manner as provided for in subparagraph (d)(1)(B) of this subsection, 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." "(e) Revocation, loss, or damage to license. (1) If, at any time during the period for which the weapons carry license was issued, the judge of the probate court of the county in which the license was issued shall learn or have brought to his or her attention in any manner any reasonable ground to believe the licensee is not eligible to retain the license, the judge may, after notice and hearing, revoke the license of the person upon a finding that such person is not eligible for a weapons carry license pursuant to subsection (b) of this Code section or an adjudication of falsification of application, mental incompetency, or chronic alcohol or narcotic usage. The judge of the probate court shall report such revocation to the Georgia Crime Information Center immediately but in no case later than ten days after such revocation. It shall be unlawful for any person to possess a license which has been revoked pursuant to this paragraph, and any person found in possession of any such revoked license, except in the performance of his or her official duties, shall be guilty of a misdemeanor. (2) If a person is convicted of any crime or involved in any matter which would make the maintenance of a weapons carry license by such person unlawful pursuant to subsection (b) of this Code section, the judge of the superior court or state court hearing such case or presiding over such matter shall inquire whether such person is the holder of a weapons carry license. If such person is the holder of a weapons carry license, then the judge of the superior court or state court shall inquire of such person the county of the probate court which issued such weapons carry license, or if such person has ever had his or her weapons carry license renewed, then of the county of the probate court which most recently issued such person a renewal license. The
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judge of the superior court or state court shall notify the judge of the probate court of such county of the matter which makes the maintenance of a weapons carry license by such person to be unlawful pursuant to subsection (b) of this Code section. The Council of Superior Court Judges of Georgia and The Council of State Court Judges of Georgia shall provide by rule for the procedures which judges of the superior court and the judges of the state courts, respectively, are to follow for the purposes of this paragraph. (3) Loss of any license issued in accordance with this Code section or damage to the license in any manner which shall render it illegible shall be reported to the judge of the probate court of the county in which it was issued within 48 hours of the time the loss or damage becomes known to the license holder. The judge of the probate court shall thereupon issue a replacement for and shall take custody of and destroy a damaged license; and in any case in which a license has been lost, he or she shall issue a cancellation order and notify by telephone and in writing each of the law enforcement agencies whose records were checked before issuance of the original license. The judge shall charge the fee specified in subsection (k) of Code Section 159-60 for such services." "(l) Verification of license. 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 of a license holder, pursuant to a subpoena or court order, or for public safety purposes, but to law enforcement agencies pursuant to paragraph (40) of subsection (a) of Code Section 50-18-72, and for licensing to a judge of a probate court or his or her designee pursuant to paragraph (40) of subsection (a) of Code Section 50-18-72; provided, however, that the judge of a probate court or his or her designee shall not be authorized to provide any further information regarding license holders."
SECTION 7. Said chapter is further amended in Code Section 16-11-135, relating to public or private employer's parking lots, right of privacy in vehicles in employer's parking lot or invited guests on lot, severability, and rights of action, by revising subsection (b) as follows:
"(b) Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall condition employment upon any agreement by a prospective employee that prohibits an employee from entering the parking lot and access thereto when the employee's privately owned motor vehicle contains a firearm or ammunition, or both, that is locked out of sight within the trunk, glove box, or other enclosed compartment or area within such privately owned motor vehicle, provided that any applicable employees possess a Georgia weapons carry license."
SECTION 8. Said chapter is further amended in Code Section 16-11-171, relating to definitions for Brady Law Regulations, by revising paragraph (2) as follows:
"(2) 'Dealer' means any person licensed as a dealer pursuant to 18 U.S.C. Section 921, et seq., or Chapter 16 of Title 43."
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SECTION 9. Said chapter is further amended in Code Section 16-11-173, relating to legislative findings and preemption of local regulation and lawsuits, by revising the introductory language of paragraph (1) of subsection (b), paragraph (1) of subsection (c), and subsection (f) as follows:
"(b)(1) Except as provided in subsection (c) of this Code section, no county or municipal corporation, by zoning, or by ordinance or resolution, or by any other means, nor any agency, board, department, commission, political subdivision, school district, or authority of this state, other than the General Assembly, by rule or regulation or by any other means shall regulate in any manner:" "(c)(1) A county or municipal corporation may regulate the transport, carrying, or possession of firearms by employees of the local unit of government, or by unpaid volunteers of such local unit of government, in the course of their employment or volunteer functions with such local unit of government; provided, however, that the sheriff or chief of police shall be solely responsible for regulating and determining the possession, carrying, and transportation of firearms and other weapons by employees under his or her respective supervision so long as such regulations comport with state and federal law." "(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 means any device designed or intended to be used, or capable of being used, for offense or defense, including but not limited to firearms, bladed devices, clubs, electric stun devices, and defense sprays."
SECTION 10. Code Section 17-5-52.1 of the Official Code of Georgia Annotated, relating to disposal of forfeited or abandoned firearms, is amended by revising subsection (d) as follows:
"(d) If an innocent owner of a firearm cannot be located or after proper notification he or she fails to pay for the return of his or her firearm, if the political subdivision is:
(1) A municipal corporation, it shall dispose of its firearms as provided for in Code Section 36-37-6; provided, however, that municipal corporations shall not have the right to reject any and all bids or to cancel any proposed sale of such firearms, and all sales shall be to persons who are licensed as firearms collectors, dealers, importers, or manufacturers under the provisions of 18 U.S.C. Section 921, et seq., and Chapter 16 of Title 43 and who are authorized to receive such firearms under the terms of such license. Any political subdivision which disposes of firearms shall use proceeds from the sale of a firearm as are necessary to cover the costs of administering this Code section, with any surplus to be transferred to the general fund of the political subdivision; or (2) Not a municipal corporation, the state custodial agency or the political subdivision shall dispose of its firearms by sale at public auction to persons who are licensed as firearms collectors, dealers, importers, or manufacturers under the provisions of 18 U.S.C. Section 921, et seq., and Chapter 16 of Title 43 and who are authorized to receive such firearms under the terms of such license. A state custodial
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agency shall retain only such proceeds as are necessary to cover the costs of administering this Code section, with any surplus to be transferred to the general fund of the this state, provided that a state custodial agency may be reimbursed for any firearms formerly in use by the state custodial agency that are sold under this Code section."
SECTION 11. Code Section 20-2-1184 of the Official Code of Georgia Annotated, relating to reporting of students committing prohibited acts, is amended by revising subsection (a) as follows:
"(a) Any teacher or other person employed at any public or private elementary or secondary school or any dean or public safety officer employed by a college or university who has reasonable cause to believe that a student at that school has committed any act upon school property or at any school function, which act is prohibited by Code Section 16-5-21 or 16-5-24, Chapter 6 of Title 16, and Code Section 16-11-127, 16-11-127.1, 16-11-132, or 16-13-30, shall immediately report the act and the name of the student to the principal or president of that school or the principal's or president's designee; provided, however, that an act which is prohibited by Code Section 16-11-127.1 shall be reported only when it involves a:
(1) Firearm, as defined in Code Section 16-11-131; (2) Dangerous weapon or machine gun, as defined in Code Section 16-11-121; or (3) Weapon, as defined in Code Section 16-11-127.1, together with an assault."
SECTION 12. Part 1 of Article 11 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections, is amended in Code Section 21-2-413, relating to the conduct of voters, campaigners, and others at polling places generally, by revising subsection (i) as follows:
"(i) No person except peace officers regularly employed by the federal, state, county, or municipal government or certified security guards shall be permitted to carry firearms within 150 feet of any polling place as provided for in subsection (b) of Code Section 16-11-127."
SECTION 13. Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, is amended in Code Section 50-18-72, relating to when public disclosure not required, by revising paragraph (40) of subsection (a) as follows:
"(40) Any permanent records maintained by a judge of the probate court pursuant to Code Section 16-11-129, relating to weapons carry licenses, or pursuant to any other requirement for maintaining records relative to the possession of firearms, except to the extent that such records relating to licensing and possession of firearms are sought by law enforcement agencies or a judge of the probate court as provided by law;"
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SECTION 14. All laws and parts of laws in conflict with this Act are repealed.
Representative Jasperse of the 11th moved that the House agree to the Senate substitute to HB 492.
On the motion, the roll call was ordered and the vote was as follows:
N Abrams N Alexander Y Allison Y Anderson Y Atwood Y Ballinger
Barr Y Battles Y Beasley-Teague N Bell Y Belton N Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett E 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 Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd N Frazier N Frye N Gardner Y Gasaway E Geisinger N Glanton Y Golick Y Gordon Y Gravley Y Greene E Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard N Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra N Marin Y Martin Y Maxwell N Mayo
McCall Y McClain
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw Y Ramsey E Randall Y Reeves Y Rhodes Y Rice E Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders
Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Smith, E Y Smith, L N Smith, M Y Smith, R
Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. N Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 150, nays 15.
The motion prevailed.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
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Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 209. By Representatives Cantrell of the 22nd, Teasley of the 37th, Casas of the 107th, Evans of the 42nd, Stovall of the 74th 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 "Georgia Special Needs Scholarship Act," so as to revise the prior school year attendance requirement to the prior semester; to revise provisions relating to notification of parents of eligible students as to scholarship options; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted by substitute, by the requisite constitutional majority, the following resolution of the House:
HR 36. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION honoring the life and memory of Staff Sergeant Shaun J. Whitehead and dedicating a bridge in his honor; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 3. By Representative Fleming of the 121st:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs, so as to provide sanctions for persons that enter into or solicit a transaction with a student-athlete that would result in sanctions to the student-athlete; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 339. By Representatives Burns of the 159th, Stephens of the 164th, Strickland of the 111th, Rice of the 95th, 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 the imposition, rate, and
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computation of state income taxes, so as to extend the tax credit for film, video, or digital production in this state; 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:
HB 505. By Representatives Cooper of the 43rd, Ramsey of the 72nd, Bennett of the 94th, Gasaway of the 28th, Cheokas of the 138th and others:
A BILL to be entitled an Act to amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, relating to physical therapists, so as to revise various provisions regarding the licensure and regulation of physical therapists and physical therapy assistants; to revise definitions; to include additional powers of the State Board of Physical Therapy; to revise provisions regarding use of titles; to revise provisions regarding granting licenses and discipline of licensees; 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 33 of Title 43 of the Official Code of Georgia Annotated, relating to physical therapists, so as to revise various provisions regarding the licensure and regulation of physical therapists and physical therapy assistants; to revise definitions; to include additional powers of the State Board of Physical Therapy; to revise provisions regarding use of titles; to revise provisions regarding granting licenses and discipline of licensees; 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 33 of Title 43 of the Official Code of Georgia Annotated, relating to physical therapists, is amended by revising Code Section 43-33-3, relating to definitions, as follows:
"43-33-3. As used in this chapter, the term:
(1) 'Board' means the State Board of Physical Therapy.
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(2) 'License' means a valid and current certificate of registration issued by the board, which shall give the person to whom it is issued authority to engage in the practice prescribed thereon. (3) 'Licensee' means any person holding a license under this chapter. (4) 'Person' means a human being only, not a legal entity. (5) 'Physical therapist' means a person licensed to practice physical therapy as defined in this chapter and whose license is in good standing. A physical therapist shall be designated by the initials 'P.T.' (6) 'Physical therapist assistant' or 'physical therapy assistant' means a person who is licensed by the board to assist a physical therapist, whose activities are supervised and directed by a physical therapist, and whose license is in good standing. A physical therapist assistant shall be designated by the initials 'P.T.A.' (7) 'Physical therapy' means the care and services provided by or under the direction and supervision of a physical therapist who is licensed pursuant to this chapter. The term 'physiotherapist' shall be synonymous with 'physical therapy' pursuant to this chapter. The practice of physical therapy means:
(A) Examining, evaluating, and testing patients and clients with mechanical, physiological, and developmental impairments, activity limitations, participation restrictions, and disabilities or other movement related conditions in order to determine a physical therapy diagnosis, prognosis, and plan of intervention and to assess the ongoing effects of intervention; (B) Alleviating impairments of body structure or function by designing, implementing, and modifying interventions to improve activity limitations or participation restrictions for the purpose of preventing or reducing the incidence and severity of physical disability, bodily malfunction, and pain; (C) Reducing the risk of injury, impairment, activity limitations, participation restrictions, and disability, including the promotion and maintenance of health, fitness, and wellness in populations of all ages; (D) Planning, administering, evaluating, and modifying intervention and instruction, including the use of physical measures, activities, and devices, including but not limited to dry needling for preventative and therapeutic purposes; and (E) Engaging in administration, consultation, education, teaching, research, telehealth, and the provision of instructional, consultative, educational, and other advisory services. the examination, treatment, and instruction of human beings to detect, assess, prevent, correct, alleviate, and limit physical disability, bodily malfunction and pain from injury, disease, and any other bodily and mental conditions and includes the administration, interpretation, documentation, and evaluation of tests and measurements of bodily functions and structures; the planning, administration, evaluation, and modification of treatment and instruction, including the use of physical measures, activities, and devices, for preventative and therapeutic purposes, including but not limited to dry needling; and the provision of consultative,
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educational, and other advisory services for the purpose of preventing or reducing the incidence and severity of physical disability, bodily malfunction, and pain. (8) 'Physical therapy aide' means a person who only performs designated and supervised physical therapy tasks. The physical therapy aide must receive direct supervision and must be directed on the premises at all times by a licensee. Physical therapy aides are not licensed under this chapter. (9) 'Trainee' means an individual who is approved for a traineeship. (10) 'Traineeship' means a period of activity during which a trainee works under the direct supervision of a licensed physical therapist who has practiced for not less than one year prior to assuming the supervisory role. (11) 'Training permit' means a valid and current certificate of registration issued by the board, which gives the person to whom it is issued authority to engage in practice through a traineeship prescribed thereon."
SECTION 2. Said chapter is further amended by revising Code Section 43-33-7, relating to conduct of business by telephone, as follows:
"43-33-7. With the exception of hearings in contested cases, the board may conduct business in conference by telephone or other digital means, provided that members of the board shall not receive compensation for business conducted in conference by telephone or other digital means."
SECTION 3. Said chapter is further amended by revising Code Section 43-33-11, relating to license required for physical therapists or physical therapy assistants, use of titles, and limitation on scope of Code section, as follows:
"43-33-11. A physical therapist shall display either the title 'physical therapist' or the abbreviation 'P.T.' on a name tag or other similar form of identification during times when such person is providing direct patient care. A physical therapist assistant shall display either the title 'physical therapist assistant' or the abbreviation 'P.T.A.' on a name tag or other similar form of identification during times when such person is providing direct patient care. A physical therapy aide shall be required to display the title 'physical therapy aide' on a name tag or other similar form of identification during times when such person is assisting a licensee. No person shall practice as a physical therapist or as a physical therapist assistant nor hold himself or herself out as being able to practice as a physical therapist or as a physical therapist assistant or as providing physical therapy or use the initials P.T. or P.T.A. in conjunction therewith or use any word or title to induce the belief that he or she is engaged in the practice of physical therapy unless he or she holds a license and otherwise complies with the provisions of this chapter and the rules and regulations adopted by the board.
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(a) A physical therapist shall clearly inform the public of his or her professional credential as a physical therapist. A physical therapist shall use the appropriate regulatory designator as identified by the board. (b) A physical therapist assistant shall use the letters 'PTA' immediately following his or her name to designate licensure under this chapter. A person shall not use the title 'physical therapist assistant,' the letters 'PTA,' or any other words, abbreviations, or insignia in connection with that person's name to indicate or imply, directly or indirectly, that the person is a physical therapist assistant unless that person is licensed as a physical therapist assistant pursuant to this chapter. (c) A person or business entity and its employees, agents, or representatives shall not use in connection with that person's name or the name or activity of the business entity the words 'physical therapy,' 'physical therapist,' 'physiotherapist,' or 'doctor of physical therapy,' the letters 'PT,' 'CPT,' 'DPT,' 'LPT,' 'RPT,' or 'MPT,' or any other words, abbreviations, or insignia indicating or implying, directly or indirectly, that physical therapy is provided or supplied, unless such services are provided by or under the direction of a physical therapist licensed pursuant to this chapter. A person or business entity shall not advertise or otherwise promote another person as being a physical therapist or physiotherapist unless the individual so advertised or promoted is licensed as a physical therapist under this chapter. A person or business entity that offers, provides, or bills any other person for services shall not characterize those services as physical therapy unless the individual directing and supervising those services is a person licensed under this chapter. (d) Nothing in this Code section shall be construed as preventing or restricting the practice, services, or activities of:
(1) Any person licensed under any other law of this state who is engaged in the professional or trade practices properly conducted under the authority of such other licensing laws; (2) Any person pursuing a course of study leading to a degree or certificate as a physical therapist or as a physical therapist assistant in an entry level educational program approved by the board, if such person is designated by a title indicating student status, is fulfilling work experiences required for the attainment of the degree or certificate, and is under the supervision of a licensed physical therapist; (3) Any person enrolled in a course of study designed to develop advanced physical therapy skills when the physical therapy activities are required as part of an educational program sponsored by an educational institution approved by the board and are conducted under the supervision of a physical therapist licensed under this chapter. If such person provides physical therapy services outside the scope of the educational program, he or she shall then be required to be licensed in accordance with this chapter; (4) A physical therapist licensed in another state or country or employed by the United States government conducting a teaching or clinical demonstration in connection with an academic or continuing education program;
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(5) Any person employed as a physical therapist or as a physical therapist assistant by the United States government if such person provides physical therapy services solely under the direction or control of the employing organization. If such person shall engage in the practice of physical therapy or as a physical therapist assistant outside the course and scope of such employment, he or she shall then be required to be licensed in accordance with this chapter; or (6) A person currently licensed in another state who is present in this state for treatment of a temporary sojourner only, said such treatment in this state not to exceed a total of 60 days during any 12 month period; or (7) A person currently licensed in another state who is present in this state providing physical therapy services during a declared local, jurisdictional, or national disaster or emergency, such services not to exceed a total of 60 days during any 12 month period."
SECTION 4. Said chapter is further amended by revising Code Section 43-33-12, relating to requirements for license to practice physical therapy, as follows:
"43-33-12. A license to practice physical therapy shall be issued to any person who:
(1) Is a graduate of an educational program that prepares physical therapists and which is accredited by a recognized accrediting agency and approved by the board or, in the case of an applicant who has graduated from an educational program which prepares physical therapists conducted in a foreign country, has submitted, in a manner prescribed by the board, credentials approved by the board and who has further demonstrated the ability to speak, write, and understand the English language and has satisfactorily completed a three-month board approved traineeship under the supervision of a physical therapist licensed under this chapter; (2) Has satisfactorily passed an examination prepared or approved by the board and has acquired any additional education and training required by the board; and (3) Is not disqualified to receive a license under the provisions of Code Section 4333-18 or subsection (a) or (c) of Code Section 43-1-19."
SECTION 5. Said chapter is further amended by revising Code Section 43-33-13, relating to requirements for license to practice as physical therapy assistant, as follows:
"43-33-13. A license to practice as a physical therapist assistant shall be issued to any person who:
(1) Is a graduate of an educational program that prepares physical therapist assistants and which is accredited by a recognized accrediting agency and approved by the board or, in the case of an applicant who has graduated from an educational program which prepares physical therapist assistants conducted in a foreign country, has submitted, in a manner prescribed by the board, credentials approved by the board and who has further demonstrated the ability to speak, write, and understand the English
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language and has satisfactorily completed a three-month board approved traineeship under the supervision of a physical therapist licensed under this chapter; (2) Has satisfactorily passed an examination prepared or approved by the board; and (3) Is not disqualified to receive a license under the provisions of Code Section 4333-18 or subsection (a) (b) or (c) of Code Section 43-1-19."
SECTION 6. Said chapter is further amended by revising Code Section 43-33-18, relating to refusal to grant or restore licenses, discipline of licensees, suspension, revocation, or restriction of licenses, and immunity for violation reporters, as follows:
"43-33-18. (a) The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a physical therapist licensed under this chapter upon a finding by the board that the licensee or applicant has:
(1) Identified himself or herself as a doctor without also clearly informing the public of his or her professional credential as a physical therapist; (2) Performed physical therapy care and services without examination and evaluation of patients or clients in order to determine a physical therapy diagnosis, prognosis, and plan of intervention, which, in the case of patients who have self-referred, means the physical therapist has:
(A) Failed to refer the patient to an individual licensed pursuant to Article 2 of Chapter 11 of Title 43 or Article 2 of Chapter 34 of Title 43 if at any time the physical therapist has reason to believe that the patient has symptoms or conditions that require treatment beyond the scope of practice of the physical therapist or, regardless of the patient's condition, if after 21 days or eight visits from the initiation of a physical therapy plan of intervention, the physical therapist has not received a referral from the patient's provider who is licensed pursuant to Article 2 of Chapter 11 of Title 43 or Article 2 of Chapter 34 of Title 43. The day and visit limitations contained in this subparagraph shall not apply:
(i) In the case of services provided for health promotion, wellness, fitness, or maintenance purposes, in which case the physical therapist shall refer a client seen for health promotion, wellness, fitness, or maintenance purposes to an appropriate individual licensed pursuant to Article 2 or 4 of Chapter 34 of Title 43 if the client exhibits or develops signs and symptoms beyond the scope of practice of the physical therapist; (ii) In the case of a patient diagnosed within the previous nine months with a neuromuscular or developmental condition when the evaluation, treatment, or services are being provided for problems or symptoms associated with that previously diagnosed condition; or (iii) In the case of a patient diagnosed within the previous 90 days with a chronic musculoskeletal condition and noted by a current relevant document from an appropriate licensed health care provider;
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(B) Ordered radiology, performed surgery, ordered laboratory or body fluid testing, diagnosed disease, or practiced medicine; (C) Failed to provide each self-referred patient with a written disclosure that a physical therapy diagnosis is not a medical diagnosis by a physician or based on radiological imaging and that such services might not be covered by the patient's health plan or insurer; (D) Not satisfied the additional requirements for seeing a patient who has selfreferred, which shall include:
(i) A doctorate in physical therapy or equivalent degree from an accredited institution plus two years of clinical practice experience; (ii) A doctorate in physical therapy or equivalent and:
(I) Post graduate certification; (II) American Board of Physical Therapy Specialties Board Certification; or (III) Residency or fellowship training; or (iii) Five years of clinical practice experience; or (E) Performed dry needling treatment interventions without consulting an individual licensed pursuant to Article 2 or 4 of Chapter 34 of Title 43; or (3) Acted in a manner inconsistent with generally accepted standards of physical therapy practice, regardless of whether actual injury to a patient occurs, or failed to provide the expected minimal standard of patient or client management, which shall include that: (A) A physical therapist is fully responsible for managing all aspects of the physical therapy care of each patient. A physical therapist shall provide: (i) The initial evaluation, determination of physical therapy diagnosis, prognosis, and plan of intervention and documentation of the initial evaluation; (ii) Periodic reevaluation and documentation of findings for each patient; and (iii) The documented episode of care for each patient, including the patient's response to the plan of intervention at the time of completion of the episode of care; (B) A physical therapist shall assure the qualifications of all physical therapist assistants and physical therapy aides under his or her direction and supervision; (C) For each patient on each date of service, a physical therapist shall provide all of the intervention that requires the education, skills, knowledge, and abilities of a physical therapist; (D) A physical therapist shall determine the use of physical therapist assistants and physical therapy aides to ensure the delivery of care that is safe, effective, and efficient. A physical therapist may use physical therapy aides for designated routine tasks. A physical therapy aide shall work under the supervision of a physical therapist; (E) A physical therapist shall communicate the overall plan of care with the patient or the patient's legally authorized representative; (F) A physical therapist's responsibility shall include accurate documentation and billing of the services provided;
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(G) A physical therapist shall adhere to the recognized standards for professional conduct and code of ethics of the physical therapy profession as established by rule; and (H) A physical therapist shall ensure that he or she has liability coverage either independently or provided by the entity by which he or she is employed. (b) The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a physical therapist assistant licensed under this chapter upon a finding by the board that the licensee or applicant has: (1) Worked outside the supervision of a physical therapist; (2) Failed to provide accurate documentation or billing of services provided; (3) Failed to adhere to the recognized standards of ethical conduct and code of ethics as established by rule; or (4) Acted in a manner inconsistent with generally accepted standards of the physical therapist assistant's scope of work, regardless of whether actual injury to the patient occurs. (a)(c) The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a physical therapist or physical therapist assistant licensed under this chapter or any antecedent law upon a finding by the board that the licensee or applicant has: (1)(A) Implemented or continued a program of physical therapy treatment without consultation with an appropriate licensed practitioner of the healing arts; except that a physical therapist may implement a program of physical therapy treatment without consultation with an appropriately licensed practitioner of the healing arts when:
(i) Services are provided for the purpose of fitness, wellness, or prevention that is not related to the treatment of an injury or ailment; or
(ii)(I) The patient was previously diagnosed and received treatment or services for that diagnosis and the patient returns to physical therapy within 60 days of discharge from physical therapy for problems and symptoms that are related to the initial referral to the physical therapist. In such a situation the physical therapist shall notify the original referral source of the return to physical therapy within five business days; and (II) The physical therapist holds a master's or doctorate degree from a professional physical therapy program that is accredited by a national accreditation agency recognized by the United States Department of Education and approved by the Georgia State Board of Physical Therapy or the physical therapist has completed at least two years of practical experience as a licensed physical therapist. If after 90 days of initiating physical therapy services the physical therapist determines that no substantial progress has been made with respect to the primary complaints of the patient, the physical therapist shall refer the patient to an appropriately licensed practitioner of the healing arts. If at any time the physical therapist has reason to believe that the patient has symptoms or conditions that require treatment or services beyond the scope of practice of the physical therapist,
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the physical therapist shall refer the patient to an appropriately licensed practitioner of the healing arts; or (B) In the case of practice as a physical therapist assistant, practiced other than under the supervision and direction of a licensed physical therapist; (2)(1) Displayed an inability or has become unable to practice as a physical therapist or as a physical therapist assistant with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition: (A) In enforcing this paragraph the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by an appropriate practitioner of the healing arts licensed health care provider designated by the board. The expense of such mental or physical examination shall be borne by the licensee or applicant. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-5-501. Every person who shall accept the privilege of practicing physical therapy in this state or who shall file an application for a license to practice physical therapy in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing physical therapy under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he or she can resume or begin the practice of physical therapy with reasonable skill and safety to patients; (B) For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-5-501. Every person who shall accept the privilege of practicing physical therapy in this state or who shall file an application to practice physical therapy in this state shall be deemed to have given his or her consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board upon the grounds that the same constitute a privileged communication; and (C) If any licensee or applicant could, in the absence of this paragraph, invoke a privilege to prevent the disclosure of the results of the examination provided for in subparagraph (A) of this paragraph or the records relating to the mental or physical condition of such licensee or applicant obtained pursuant to subparagraph (B) of this paragraph, all such information shall be received by the board in camera and shall
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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; (3)(2) Been convicted of a felony or crime involving moral turpitude in the courts of this state, or the United States, or the conviction of an offense in another jurisdiction which if committed in this state would be deemed a felony. For the purpose of this Code section, a 'conviction' shall include a finding or verdict of guilty, a plea of guilty, or a plea of nolo contendere in a criminal proceeding regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon pursuant to the provisions of Code Sections 42-8-60 through 42-8-64, relating to first offenders, or any comparable rule or statute; (4)(3) Knowingly made misleading, deceptive, untrue, or fraudulent representations to a patient, consumer, or other person or entity in connection with the practice of physical therapy or in any document connected therewith; practiced fraud or deceit or intentionally made any false statement in obtaining or attempting to obtain a license to practice physical therapy or as a physical therapist assistant; or made a false or deceptive biennial registration with the board; (5)(4) Practiced physical therapy contrary to this Code section or to the rules and regulations of the board; knowingly aided, assisted, procured, or advised any person to practice physical therapy contrary to this Code section or to the rules and regulations of the board; or knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person to practice physical therapy; (6)(5) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing physical therapy practice or the failure to comply with the code of ethics of the board; (7)(6) Failed to report to the board any act or omission of a licensee or applicant or any other person which violates the provisions of this subsection; or (8)(7) Divided fees or agreed to divide fees received for professional services with any person, firm, association, corporation, or other entity for bringing or referring a patient. (b)(d)(1) When the board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a), (b), or (c) of this Code section, the board may take any one or more of the following actions: (A) Refuse to grant or restore a license to an applicant; (B) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; (C) Suspend any license for a definite period; (D) Limit or restrict any license; (E) Revoke any license;
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(F) Condition the penalty or withhold formal disposition, upon the physical therapist's, physical therapist assistant's, or other person's submission to the care, counseling, or treatment of physicians or other professional persons, and the completion of such care, counseling, or treatment, as directed by the board; or (G) Impose a fine not to exceed $500.00 for each violation of law, rule, or regulation of the board. (2) In addition to or in conjunction with the actions enumerated pursuant to paragraph (1) of this subsection, the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty, or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee or applicant on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (c)(e) In its discretion, the board may restore and reissue a license issued under this chapter or any antecedent law and, as a condition thereof, it may impose any disciplinary or corrective measure provided in this chapter. (d)(f) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting the acts or omissions of a licensee or applicant which violate the provisions of subsection (a), (b), or (c) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice as a physical therapist or as a physical therapist assistant, if such report is made in good faith without fraud or malice. Any person who testifies without fraud or malice before the board in any proceeding involving a violation of the provisions of subsection (a), (b), or (c) of this Code section or any other law relating to a licensee's or applicant's fitness to practice as a physical therapist or as a physical therapist assistant shall be immune from civil and criminal liability for so testifying. (g) The provisions of this Code section shall not prevent any other health care provider from administering techniques authorized within his or her scope of practice."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Representative Cooper of the 43rd moved that the House agree to the Senate substitute to HB 505.
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 Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hitchens
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal
Y Smith, E Y Smith, L Y Smith, M Y Smith, R
Smyre Y Spencer Y Stephens, M Y Stephens, R
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Y Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks
Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene E Hamilton
Y Holcomb E Holmes Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo
McCall Y McClain
Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw
Ramsey E Randall Y Reeves Y Rhodes Y Rice E Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Stephenson Y Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M.
Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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 0.
The motion prevailed.
HB 432. By Representatives Raffensperger of the 50th, Willard of the 51st, Geisinger of the 48th, Brooks of the 55th, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory by municipal corporations, so as to provide that local Acts providing for the deannexation of property from a municipality and the annexation of the same property to another municipality which are effective on the same date do not create a prohibited unincorporated island; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
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To amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory by municipal corporations, so as to provide that local Acts providing for the deannexation of property from a municipality and the annexation of the same property to another municipality which are effective on the same date do not create a prohibited unincorporated island; 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 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory by municipal corporations, is amended by revising Code Section 36-36-4, relating to creation of unincorporated islands prohibited and authorization to provide services or functions, by adding a new subsection to read as follows:
"(c) The prohibition contained in subsection (a) of this Code section shall not apply to a local Act providing for deannexation of territory from a municipality that would create an unincorporated island where another local Act annexing the same territory into another municipality takes effect on the same date as the local Act providing for deannexation of such territory."
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 Raffensperger of the 50th moved that the House agree to the Senate substitute to HB 432.
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 Belton Y Bennett Y Bentley Y Benton
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley
Jackson
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold
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 Stover Y Strickland Y Tankersley Y Tanner
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Y Beskin Y Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
E Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart Y England Y Epps Y Evans Y Fleming Y Floyd Y Fludd
Frazier Y Frye Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene E Hamilton
Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo Y McCall Y McClain
Y Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y Rakestraw
Ramsey E Randall Y Reeves Y Rhodes Y Rice E Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Tarvin Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y Watson Y Welch Y Weldon Y Werkheiser 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.
The Speaker announced the House in recess until 7:45 o'clock, this evening.
The Speaker called the House to order.
The following messages were received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 63. By Representatives Tanner of the 9th, England of the 116th, Dickson of the 6th, Coleman of the 97th, Evans of the 42nd 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, computation, and rate of and exemptions from state income taxes, so as to revise the amount of the adult basic skills education program tax credit; to provide for procedures, conditions, and limitations; to provide an aggregate cap on the
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amount of the tax credit; to provide for a short title; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
HB 117. By Representatives Hamilton of the 24th, Pruett of the 149th, Fleming of the 121st, Strickland of the 111th, Kirby of the 114th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the O.C.G.A., relating to employment security, so as to change certain provisions relating to employment security; to modify the definition of the term "most recent employer"; to amend Code Section 50-36-1 of the O.C.G.A., relating to requirements, procedures, and conditions for verification of lawful presence within the United States, exceptions, regulations, and criminal and other penalties for violations, so as to provide a method for such verification of lawful presence that may be utilized in conjunction with the electronic filing of an application for unemployment insurance with the Department of Labor; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 190. By Representatives Golick of the 40th, Smith of the 134th, Maxwell of the 17th and Powell of the 32nd:
A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide insurance requirements for transportation network companies and their drivers; to provide for definitions; to provide for minimum liability limits; to provide for certain disclosures; to provide for certain notifications; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 502. By Representatives Dudgeon of the 25th, Coleman of the 97th, Clark of the 101st, 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 Official Code of Georgia Annotated, relating to elementary and secondary education, so as to update and clarify provisions in law and to repeal obsolete provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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HB 511. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to authorize pharmacy technicians to fill remote automated medication systems in skilled nursing facilities and hospices; to provide for certain requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 48. By Representatives Coleman of the 97th, Rice of the 95th and Jones of the 53rd:
A BILL to be entitled an Act to amend Code Section 40-2-85.3 of the Official Code of Georgia Annotated, relating to special license plates honoring family members of service members killed in action, so as to extend eligibility to apply for such license plates to include a surviving spouse of a sibling of the service member; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 372. By Representatives Coomer of the 14th, Glanton of the 75th, Nimmer of the 178th, Dickey of the 140th, Coleman of the 97th and others:
A BILL to be entitled an Act to amend Code Section 20-2-2068.2 of the Official Code of Georgia Annotated, relating to a facilities fund for charter schools, so as to prohibit additional requirements of a charter school to operate that has passed state facility inspections and received a certificate of occupancy; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 510. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Chapter 34 of Title 50 of the Official Code of Georgia Annotated, relating to the OneGeorgia Authority, so as to provide for the creation of the Georgia Sports Commission Fund; to define certain terms; to provide for gifts and contributions; to provide for a
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committee to manage such fund; to provide for members; to provide conditions for obtaining grants and loans from such fund; to provide for an accounting; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 385. By Representatives Nimmer of the 178th, Dickey of the 140th, Rogers of the 10th and Coomer of the 14th:
A BILL to be entitled an Act to amend Code Section 31-33-3 of the Official Code of Georgia Annotated, relating to costs of copying and mailing and patient's rights as to records, so as to move responsibility for determining the annual cost adjustment for providing medical records from the Office of Planning and Budget to the Department of Community Health; to repeal conflicting laws; and for other purposes.
HB 386. By Representatives Nimmer of the 178th, Dickey of the 140th, Rogers of the 10th and Coomer of the 14th:
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 repeal Chapter 12, relating to the Georgia Coordinating Committee for Rural and Human Services Transportation; to repeal conflicting laws; and for other purposes.
The Speaker announced the House in recess until 8:20 o'clock, this evening.
The Speaker called the House to order.
The following message was received from the Senate through Mr. Cook, the Secretary thereof:
Mr. Speaker:
The Senate has disagreed to the House substitute to the following bill of the Senate:
SB 127. By Senators Jeffares of the 17th, Harbison of the 15th, Harper of the 7th, Williams of the 19th, Stone of the 23rd and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide for waivers of certain civil penalties and fees incurred by candidates for local
TUESDAY, MARCH 31, 2015
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elected office; to provide for exceptions; to provide for refunds of certain civil penalties and fees; to provide for legislative findings; to provide for related matters; to provide 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 202. By Representatives Battles of the 15th, Williamson of the 115th, Harrell of the 106th, Jasperse of the 11th, Taylor of the 79th and others:
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 effective dates; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 312. By Representatives Tankersley of the 160th, Houston of the 170th and Clark of the 101st:
A BILL to be entitled an Act to amend Code Section 48-11-4 of the Official Code of Georgia Annotated, relating to the 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, so as to remove certain bonding requirements pertaining to manufacturers and importers of tobacco products; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 512. By Representatives Jasperse of the 11th and Dempsey of the 13th:
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 change certain terminology and provisions relating to the governing and regulation of mental health and to the administration of mental health as it relates to regional and local administration and services; to provide for related matters; to repeal conflicting laws; and for other purposes.
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The following Resolutions of the House were read and adopted:
HR 908. By Representative Carson of the 46th:
A RESOLUTION commending Ms. Samantha Bosma, 2015 Amateur Honoree at the 31st Annual Peach of an Athlete Role Model Banquet; and for other purposes.
HR 909. By Representatives Waites of the 60th, Jones of the 53rd, Anderson of the 92nd, Stovall of the 74th and Douglas of the 78th:
A RESOLUTION recognizing and commending Thomas Mikal Ford; and for other purposes.
HR 910. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending the 2015 legislative session temporary administrative assistants for the House of Representatives on their exemplary service; and for other purposes.
HR 911. By Representatives Rogers of the 29th, Hawkins of the 27th and Barr of the 103rd:
A RESOLUTION commending Georgia Chair Company on its 100th anniversary; and for other purposes.
HR 912. By Representatives Rogers of the 29th, Hawkins of the 27th and Barr of the 103rd:
A RESOLUTION honoring the life and memory of Douglas Eugene Smith; and for other purposes.
HR 913. By Representatives Rogers of the 29th, Hawkins of the 27th and Barr of the 103rd:
A RESOLUTION Recognizing and commending Judge Cliff L. Jolliff on the grand occasion of his retirement and congratulating him for being appointed a Senior Juvenile Court Judge; and for other purposes.
HR 914. By Representatives Rogers of the 29th, Hawkins of the 27th and Barr of the 103rd:
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A RESOLUTION honoring the life and memory of Nath T. Hayes; and for other purposes.
HR 915. By Representatives Thomas of the 56th, Jones of the 53rd and Brooks of the 55th:
A RESOLUTION commending Marvin R. Meriwether and recognizing April 12, 2015, as Marvin R. Meriwether Day at the state capitol; and for other purposes.
HR 916. By Representatives Cooper of the 43rd, Clark of the 101st, Dempsey of the 13th, Hatchett of the 150th and Kaiser of the 59th:
A RESOLUTION recognizing and commending Commissioner Brenda Fitzgerald, MD, and the Department of Public Health; and for other purposes.
HR 917. By Representatives Waites of the 60th, Brooks of the 55th, Thomas of the 56th, Jones of the 53rd and Smyre of the 135th:
A RESOLUTION commending Maynard Eaton for his contributions to journalism; and for other purposes.
The following Bills of the House and Senate were taken up for the purpose of considering the Senate action thereon:
SB 127. By Senators Jeffares of the 17th, Harbison of the 15th, Harper of the 7th, Williams of the 19th, Stone of the 23rd and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; to provide for exceptions; to provide for refunds of certain civil penalties and fees; to provide for legislative findings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Representative Fleming of the 121st moved that the House insist on its position in substituting SB 127.
The motion prevailed.
HB 202. By Representatives Battles of the 15th, Williamson of the 115th, Harrell of the 106th, Jasperse of the 11th, Taylor of the 79th and others:
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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 effective dates; to repeal conflicting laws; and for other purposes.
Representative Battles of the 15th moved that the House insist on its position in disagreeing to the Senate substitute to HB 202 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 Battles of the 15th, Knight of the 130th and Powell of the 171st.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 76. 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 be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016; 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.
COMMITTEE OF CONFERENCE REPORT ON HB 76
The Committee of Conference on HB 76 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 76 be adopted.
TUESDAY, MARCH 31, 2015
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/ Bill Cowsert Senator, 171st District
/s/ Jay Powell Representative, 46th District
The following report of the Committee of Conference was read:
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CONFERENCE COMMITTEE SUBSTITUTE TO H.B. 76 A BILL TO BE ENTITLED AN ACT
To make and provide appropriations for the State Fiscal Year beginning July 1, 2015, and ending June 30, 2016; 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, 2015, and ending June 30, 2016, as prescribed hereinafter for such fiscal year:
HB 76 (FY 2016G)
Governor House
Senate
CC
Revenue Sources Available for Appropriation
TOTAL STATE FUNDS
$21,782,964,314 $21,782,964,314 $21,782,964,314 $21,828,789,407
State General Funds
$19,219,341,203 $19,219,341,203 $19,219,341,203 $19,265,166,296
State Motor Fuel Funds
$1,003,353,791 $1,003,353,791 $1,003,353,791 $1,003,353,791
Lottery Proceeds
$977,772,176 $977,772,176 $977,772,176 $977,772,176
Tobacco Settlement Funds
$140,814,002 $140,814,002 $140,814,002 $140,814,002
Brain & Spinal Injury Trust Fund
$1,458,567
$1,458,567
$1,458,567
$1,458,567
Nursing Home Provider Fees
$167,969,114 $167,969,114 $167,969,114 $167,969,114
Hospital Provider Fee
$272,255,461 $272,255,461 $272,255,461 $272,255,461
TOTAL FEDERAL FUNDS
$13,323,773,015 $13,272,036,019 $13,296,475,131 $13,293,537,224
Federal Funds Not Itemized
$3,805,520,687 $3,809,294,412 $3,809,241,499 $3,809,241,499
CCDF Mandatory & Matching Funds CFDA93.596
$101,640,586 $101,640,586 $101,640,586 $101,640,586
FFIND CCDF Mandatory & Matching Funds CFDA93.596
$1,166,080
$1,166,080
$1,166,080
$1,166,080
Child Care & Development Block Grant CFDA93.575
$109,580,578 $109,580,578 $109,580,578 $109,580,578
FFIND Child Care and Development Block Grant CFDA93.575 $12,821,448 $12,821,448 $12,821,448 $12,821,448
Community Mental Health Services Block Grant CFDA93.958
$14,163,709 $14,163,709 $14,163,709 $14,163,709
TUESDAY, MARCH 31, 2015
4125
Community Services Block Grant CFDA93.569
$16,526,699
Federal Highway Admin.-Planning & Construction CFDA20.205 $1,526,296,548
Foster Care Title IV-E CFDA93.658
$87,072,222
Low-Income Home Energy Assistance CFDA93.568
$55,866,874
Maternal & Child Health Services Block Grant CFDA93.994
$16,884,236
Medical Assistance Program CFDA93.778
$6,628,058,181
Prevention & Treatment of Substance Abuse Grant CFDA93.959 $47,733,582
Preventive Health & Health Services Block Grant CFDA93.991
$2,403,579
Social Services Block Grant CFDA93.667
$52,778,456
FFIND Social Services Block Grant CFDA93.667
$40,481,142
State Children's Insurance Program CFDA93.767
$425,580,978
Temporary Assistance for Needy Families
$356,232,501
Temporary Assistance for Needy Families Grant CFDA93.558 $348,677,998
TANF Transfers to Social Services Block Grant per 42 USC 604 $7,554,503
FFIND Temp. Assistance for Needy Families CFDA93.558
$22,964,929
TOTAL AGENCY FUNDS
$5,796,465,155
Contributions, Donations, and Forfeitures
$7,193,907
Contributions, Donations, and Forfeitures Not Itemized
$7,193,907
Reserved Fund Balances
$1,591,218
Reserved Fund Balances Not Itemized
$1,591,218
Interest and Investment Income
$4,402,800
Interest and Investment Income Not Itemized
$4,402,800
Intergovernmental Transfers
$2,443,121,867
Hospital Authorities
$214,057,828
University System of Georgia Research Funds
$2,012,046,274
Intergovernmental Transfers Not Itemized
$217,017,765
Rebates, Refunds, and Reimbursements
$263,611,746
Rebates, Refunds, and Reimbursements Not Itemized
$263,611,746
Royalties and Rents
$1,581,839
Royalties and Rents Not Itemized
$1,581,839
Sales and Services
$3,070,694,089
Record Center Storage Fees
$592,381
Sales and Services Not Itemized
$984,695,725
$16,526,699 $1,526,296,548
$87,072,222 $55,866,874 $16,884,236 $6,572,547,460 $47,733,582
$2,403,579 $52,778,456 $40,481,142 $425,580,978 $356,232,501 $348,677,998
$7,554,503 $22,964,929 $5,804,024,193
$7,193,907 $7,193,907 $5,562,218 $5,562,218 $4,402,800 $4,402,800 $2,443,121,867 $214,057,828 $2,012,046,274 $217,017,765 $263,611,746 $263,611,746 $1,581,839 $1,581,839 $3,074,282,127
$592,381 $988,283,763
$16,526,699 $1,526,296,548
$87,072,222 $55,866,874 $16,884,236 $6,597,039,485 $47,733,582
$2,403,579 $52,778,456 $40,481,142 $425,580,978 $356,232,501 $348,677,998
$7,554,503 $22,964,929 $5,800,477,705
$7,193,907 $7,193,907 $5,562,218 $5,562,218 $4,402,800 $4,402,800 $2,443,121,867 $214,057,828 $2,012,046,274 $217,017,765 $263,611,746 $263,611,746 $1,581,839 $1,581,839 $3,070,735,639
$592,381 $984,737,275
$16,526,699 $1,526,296,548
$87,072,222 $55,866,874 $16,884,236 $6,594,101,578 $47,733,582
$2,403,579 $52,778,456 $40,481,142 $425,580,978 $356,232,501 $348,677,998
$7,554,503 $22,964,929 $5,804,012,280
$7,193,907 $7,193,907 $5,562,218 $5,562,218 $4,402,800 $4,402,800 $2,443,121,867 $214,057,828 $2,012,046,274 $217,017,765 $263,611,746 $263,611,746 $1,581,839 $1,581,839 $3,074,270,214
$592,381 $988,271,850
4126
JOURNAL OF THE HOUSE
Tuition and Fees for Higher Education
$2,085,405,983 $2,085,405,983 $2,085,405,983 $2,085,405,983
Sanctions, Fines, and Penalties
$4,267,689
$4,267,689
$4,267,689
$4,267,689
Sanctions, Fines, and Penalties Not Itemized
$4,267,689
$4,267,689
$4,267,689
$4,267,689
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$3,702,962,116 $3,804,479,379 $3,804,033,979 $3,805,544,615
State Funds Transfers
$3,696,127,871 $3,797,952,871 $3,797,507,471 $3,799,018,107
State Fund Transfers Not Itemized
$68,956,023 $68,956,023 $68,956,023 $68,956,023
Accounting System Assessments
$18,799,892 $18,799,892 $18,354,492 $19,865,128
Agency to Agency Contracts
$8,637,302
$8,637,302
$8,637,302
$8,637,302
Health Insurance Payments
$3,118,097,699 $3,219,922,699 $3,219,922,699 $3,219,922,699
Liability Funds
$33,927,991 $33,927,991 $33,927,991 $33,927,991
Merit System Assessments
$9,808,379
$9,808,379
$9,808,379
$9,808,379
Optional Medicaid Services Payments
$280,857,262 $280,857,262 $280,857,262 $280,857,262
Retirement Payments
$55,273,576 $55,273,576 $55,273,576 $55,273,576
Unemployment Compensation Funds
$12,666,404 $12,666,404 $12,666,404 $12,666,404
Workers Compensation Funds
$89,103,343 $89,103,343 $89,103,343 $89,103,343
Agency Funds Transfers
$1,851,372
$1,851,372
$1,851,372
$1,851,372
Agency Fund Transfers Not Itemized
$1,851,372
$1,851,372
$1,851,372
$1,851,372
Federal Funds Transfers
$2,569,120
$2,261,383
$2,261,383
$2,261,383
Federal Fund Transfers Not Itemized
$2,217,962
$1,910,225
$1,910,225
$1,910,225
FF Medical Assistance Program CFDA93.778
$351,158
$351,158
$351,158
$351,158
Federal Funds Indirect
$2,413,753
$2,413,753
$2,413,753
$2,413,753
FFIND Community Services Block Grant CFDA93.569
$2,223,236
$2,223,236
$2,223,236
$2,223,236
FFIND Preventive Health & Health Services Block Grant CFDA93.991$190,517 $190,517
$190,517
$190,517
TOTAL PUBLIC FUNDS
$40,903,202,484 $40,859,024,526 $40,879,917,150 $40,926,338,911
Changes in Fund Availability
TOTAL STATE FUNDS
$946,219,694 $946,219,694 $946,219,694 $992,044,787
State General Funds
$912,521,698 $912,521,698 $912,521,698 $958,346,791
State Motor Fuel Funds
($2,403,743) ($2,403,743) ($2,403,743) ($2,403,743)
Lottery Proceeds
$29,824,124 $29,824,124 $29,824,124 $29,824,124
Tobacco Settlement Funds
($1,647,828) ($1,647,828) ($1,647,828) ($1,647,828)
Brain & Spinal Injury Trust Fund
($325,497)
($325,497)
($325,497)
($325,497)
Nursing Home Provider Fees
$212,713
$212,713
$212,713
$212,713
Hospital Provider Fee
$8,038,227
$8,038,227
$8,038,227
$8,038,227
TUESDAY, MARCH 31, 2015
4127
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 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 Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments Agency to Agency Contracts Health Insurance Payments Retirement Payments Agency Funds Transfers Agency Fund Transfers Not Itemized Federal Funds Transfers Federal Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
Reconciliation of Fund Availability to Fund Application
Section 1: Georgia Senate
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$471,433,833 $419,696,837 $444,135,949 $441,198,042
$351,816
$4,125,541
$4,072,628
$4,072,628
$9,160,870
$9,160,870
$9,160,870
$9,160,870
$368,954,854 $313,444,133 $337,936,158 $334,998,251
$92,966,293 $92,966,293 $92,966,293 $92,966,293
($5,346,179) $2,212,859 ($1,333,629) $2,200,946
$0
$3,971,000
$3,971,000
$3,971,000
$0
$3,971,000
$3,971,000
$3,971,000
($5,760,839) ($5,760,839) ($5,760,839) ($5,760,839)
($5,760,839) ($5,760,839) ($5,760,839) ($5,760,839)
$414,660
$4,002,698
$456,210
$3,990,785
$414,660
$4,002,698
$456,210
$3,990,785
($51,007,652) $50,509,611 $50,064,211 $51,574,847
($51,779,452) $50,045,548 $49,600,148 $51,110,784
$1,657,523
$1,657,523
$1,212,123
$2,722,759
$245,355
$245,355
$245,355
$245,355
($54,875,527) $46,949,473 $46,949,473 $46,949,473
$1,193,197
$1,193,197
$1,193,197
$1,193,197
$771,800
$771,800
$771,800
$771,800
$771,800
$771,800
$771,800
$771,800
$0
($307,737)
($307,737)
($307,737)
$0
($307,737)
($307,737)
($307,737)
$1,361,299,696 $1,418,639,001 $1,439,086,225 $1,487,018,622
Section Total - Continuation
$10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835
$10,585,835 $10,585,835 $10,585,835
4128
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Final
$10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835 $10,585,835
$10,770,129 $10,770,129 $10,770,129
$10,770,129 $10,770,129 $10,770,129
Lieutenant Governor's Office
Continuation Budget
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$1,256,003 $1,256,003 $1,256,003
$1,256,003 $1,256,003 $1,256,003
$1,256,003 $1,256,003 $1,256,003
$1,256,003 $1,256,003 $1,256,003
1.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$14,592
$14,592
1.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$8,197
$8,197
1.100 -Lieutenant Governor's Office TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS
$1,256,003 $1,256,003 $1,256,003
$1,256,003 $1,256,003 $1,256,003
Appropriation (HB 76)
$1,278,792
$1,278,792
$1,278,792
$1,278,792
$1,278,792
$1,278,792
Secretary of the Senate's Office
Continuation Budget
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$1,147,666 $1,147,666 $1,147,666
$1,147,666 $1,147,666 $1,147,666
$1,147,666 $1,147,666 $1,147,666
$1,147,666 $1,147,666 $1,147,666
2.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$14,879
$14,879
2.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$7,781
$7,781
TUESDAY, MARCH 31, 2015
4129
2.100 -Secretary of the Senate's Office TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS
$1,147,666 $1,147,666 $1,147,666
$1,147,666 $1,147,666 $1,147,666
Appropriation (HB 76)
$1,170,326
$1,170,326
$1,170,326
$1,170,326
$1,170,326
$1,170,326
Senate
Continuation Budget
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$7,115,031 $7,115,031 $7,115,031
$7,115,031 $7,115,031 $7,115,031
$7,115,031 $7,115,031 $7,115,031
$7,115,031 $7,115,031 $7,115,031
3.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$60,988
$60,988
3.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$52,457
$52,457
3.100 -Senate TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS
$7,115,031 $7,115,031 $7,115,031
$7,115,031 $7,115,031 $7,115,031
Appropriation (HB 76)
$7,228,476
$7,228,476
$7,228,476
$7,228,476
$7,228,476
$7,228,476
Senate Budget and Evaluation Office
Continuation Budget
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
$1,067,135 $1,067,135 $1,067,135
$1,067,135 $1,067,135 $1,067,135
$1,067,135 $1,067,135 $1,067,135
$1,067,135 $1,067,135 $1,067,135
4.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$15,686
$15,686
4.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$9,714
$9,714
4130
JOURNAL OF THE HOUSE
4.100 -Senate Budget and Evaluation Office
Appropriation (HB 76)
The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate.
TOTAL STATE FUNDS
$1,067,135
$1,067,135
$1,092,535
$1,092,535
State General Funds
$1,067,135
$1,067,135
$1,092,535
$1,092,535
TOTAL PUBLIC FUNDS
$1,067,135
$1,067,135
$1,092,535
$1,092,535
Section 2: Georgia House of Representatives
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Continuation
$18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323 $18,705,323
$18,705,323 $18,705,323 $18,705,323
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Final
$18,705,323 $18,967,403 $18,705,323 $18,967,403 $18,705,323 $18,967,403
$18,967,403 $18,967,403 $18,967,403
$18,967,403 $18,967,403 $18,967,403
House of Representatives
Continuation Budget
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$18,705,323 $18,705,323 $18,705,323
$18,705,323 $18,705,323 $18,705,323
$18,705,323 $18,705,323 $18,705,323
$18,705,323 $18,705,323 $18,705,323
5.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$134,167
$134,167
$134,167
5.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$127,913
$127,913
$127,913
5.100-House of Representatives TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS
$18,705,323 $18,705,323 $18,705,323
$18,967,403 $18,967,403 $18,967,403
Appropriation (HB 76)
$18,967,403 $18,967,403 $18,967,403 $18,967,403 $18,967,403 $18,967,403
TUESDAY, MARCH 31, 2015
4131
Section 3: Georgia General Assembly Joint Offices
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Continuation
$10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865 $10,043,865
$10,043,865 $10,043,865 $10,043,865
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Section Total - Final
$10,043,865 $10,536,381 $10,043,865 $10,536,381 $10,043,865 $10,536,381
$10,536,381 $10,536,381 $10,536,381
$10,542,093 $10,542,093 $10,542,093
Ancillary Activities
Continuation Budget
The purpose of this appropriation is to provide services for the legislative branch of government.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$5,734,042 $5,734,042 $5,734,042
$5,734,042 $5,734,042 $5,734,042
$5,734,042 $5,734,042 $5,734,042
$5,734,042 $5,734,042 $5,734,042
6.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$24,910
$24,910
$24,910
6.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$16,340
$16,340
$16,340
6.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$1,754
$1,754
$1,754
6.100 -Ancillary Activities
The purpose of this appropriation is to provide services for the legislative branch of government.
TOTAL STATE FUNDS
$5,734,042
$5,777,046
State General Funds
$5,734,042
$5,777,046
TOTAL PUBLIC FUNDS
$5,734,042
$5,777,046
Appropriation (HB 76)
$5,777,046 $5,777,046 $5,777,046
$5,777,046 $5,777,046 $5,777,046
4132
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
$1,273,514 $1,273,514 $1,273,514
$1,273,514 $1,273,514 $1,273,514
$1,273,514 $1,273,514 $1,273,514
$1,273,514 $1,273,514 $1,273,514
7.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$11,545
$11,545
$11,545
7.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$7,470
$7,470
$7,470
7.3 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$9,475
$9,475
$15,187
7.100-Legislative Fiscal Office
Appropriation (HB 76)
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
$1,273,514
$1,302,004
$1,302,004
$1,307,716
State General Funds
$1,273,514
$1,302,004
$1,302,004
$1,307,716
TOTAL PUBLIC FUNDS
$1,273,514
$1,302,004
$1,302,004
$1,307,716
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
$3,036,309 $3,036,309 $3,036,309
$3,036,309 $3,036,309 $3,036,309
$3,036,309 $3,036,309 $3,036,309
$3,036,309 $3,036,309 $3,036,309
8.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$56,142
$56,142
$56,142
8.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$364,880
$364,880
$364,880
TUESDAY, MARCH 31, 2015
4133
8.100 -Office of Legislative Counsel
Appropriation (HB 76)
The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly.
TOTAL STATE FUNDS
$3,036,309
$3,457,331
$3,457,331
$3,457,331
State General Funds
$3,036,309
$3,457,331
$3,457,331
$3,457,331
TOTAL PUBLIC FUNDS
$3,036,309
$3,457,331
$3,457,331
$3,457,331
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
$33,450,200 $33,450,200 $33,450,200
$33,450,200 $33,450,200 $33,450,200
$640,000
$640,000
$640,000
$640,000
$640,000
$640,000
$640,000
$640,000
$640,000
$34,090,200 $34,090,200 $34,090,200
$33,450,200 $33,450,200
$640,000 $640,000 $640,000 $34,090,200
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$34,821,828 $34,990,432
$34,821,828 $34,990,432
$640,000
$640,000
$640,000
$640,000
$640,000
$640,000
$35,461,828 $35,630,432
$34,990,432 $34,990,432
$640,000 $640,000 $640,000 $35,630,432
$34,993,596 $34,993,596
$640,000 $640,000 $640,000 $35,633,596
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.
4134
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$29,241,479 $29,241,479
$640,000 $640,000 $640,000 $29,881,479
$29,241,479 $29,241,479
$640,000 $640,000 $640,000 $29,881,479
$29,241,479 $29,241,479
$640,000 $640,000 $640,000 $29,881,479
$29,241,479 $29,241,479
$640,000 $640,000 $640,000 $29,881,479
9.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$449,197
$400,172
$400,172
$400,172
9.2 Increase funds for personnel and operations for local education audits.
State General Funds
$850,000
$850,000
$850,000
$850,000
9.3 Transfer funds from the Audit and Assurance Services program to the Departmental Administration program ($578,910) and
Statewide Equalized Adjusted Property Tax Digest program ($152,669) for personnel.
State General Funds
($731,579)
($731,579)
($731,579)
($731,579)
9.4 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$156,250
$156,250
$156,250
9.5 Reduce funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
($5,644)
($5,644)
($5,644)
9.6 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$7,023
$7,023
$10,187
9.100 -Audit and Assurance Services
Appropriation (HB 76)
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
$29,809,097 $29,917,701 $29,917,701 $29,920,865
State General Funds
$29,809,097 $29,917,701 $29,917,701 $29,920,865
TOTAL AGENCY FUNDS
$640,000
$640,000
$640,000
$640,000
TUESDAY, MARCH 31, 2015
4135
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$640,000 $640,000 $30,449,097
$640,000 $640,000 $30,557,701
$640,000 $640,000 $30,557,701
$640,000 $640,000 $30,560,865
Departmental Administration
Continuation Budget
The purpose of this appropriation is to provide administrative support to all Department programs.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$1,742,089 $1,742,089 $1,742,089
$1,742,089 $1,742,089 $1,742,089
$1,742,089 $1,742,089 $1,742,089
$1,742,089 $1,742,089 $1,742,089
10.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$34,310
$34,310
$34,310
$34,310
10.2 Transfer funds from the Audit and Assurance Services program to the Departmental Administration program for personnel.
State General Funds
$578,910
$578,910
$578,910
$578,910
10.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$25,000
$25,000
$25,000
10.100-Departmental Administration
The purpose of this appropriation is to provide administrative support to all Department programs.
TOTAL STATE FUNDS
$2,355,309
$2,380,309
State General Funds
$2,355,309
$2,380,309
TOTAL PUBLIC FUNDS
$2,355,309
$2,380,309
Appropriation (HB 76)
$2,380,309 $2,380,309 $2,380,309
$2,380,309 $2,380,309 $2,380,309
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
$20,000 $20,000 $20,000
4136
JOURNAL OF THE HOUSE
11.100-Immigration Enforcement Review Board
Appropriation (HB 76)
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
$20,000
State General Funds
$20,000
$20,000
$20,000
$20,000
TOTAL PUBLIC FUNDS
$20,000
$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
$251,872 $251,872 $251,872
$251,872 $251,872 $251,872
$251,872 $251,872 $251,872
$251,872 $251,872 $251,872
12.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$688
$688
$688
$688
12.100 -Legislative Services
Appropriation (HB 76)
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
$252,560
$252,560
$252,560
$252,560
State General Funds
$252,560
$252,560
$252,560
$252,560
TOTAL PUBLIC FUNDS
$252,560
$252,560
$252,560
$252,560
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
TUESDAY, MARCH 31, 2015
4137
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
$2,194,760 $2,194,760 $2,194,760
$2,194,760 $2,194,760 $2,194,760
$2,194,760 $2,194,760 $2,194,760
$2,194,760 $2,194,760 $2,194,760
13.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$37,433
$37,433
$37,433
$37,433
13.2 Transfer funds from the Audit and Assurance Services program to the Statewide Equalized Adjusted Property Tax Digest
program for personnel.
State General Funds
$152,669
$152,669
$152,669
$152,669
13.3 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$35,000
$35,000
$35,000
13.100 -Statewide Equalized Adjusted Property Tax Digest
Appropriation (HB 76)
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
$2,384,862
$2,419,862
$2,419,862
$2,419,862
State General Funds
$2,384,862
$2,419,862
$2,419,862
$2,419,862
TOTAL PUBLIC FUNDS
$2,384,862
$2,419,862
$2,419,862
$2,419,862
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
$15,035,519 $15,035,519 $15,035,519
$15,035,519 $15,035,519 $15,035,519
$150,000
$150,000
$150,000
$150,000
$150,000
$150,000
$150,000
$150,000
$150,000
$15,185,519 $15,185,519 $15,185,519
$15,035,519 $15,035,519
$150,000 $150,000 $150,000 $15,185,519
4138
JOURNAL OF THE HOUSE
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$16,207,650 $16,015,713
$16,207,650 $16,015,713
$150,000
$150,000
$150,000
$150,000
$150,000
$150,000
$16,357,650 $16,165,713
$15,669,798 $15,669,798
$150,000 $150,000 $150,000 $15,819,798
$17,314,958 $17,314,958
$150,000 $150,000 $150,000 $17,464,958
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
$15,035,519 $15,035,519
$150,000 $150,000 $150,000 $15,185,519
$15,035,519 $15,035,519
$150,000 $150,000 $150,000 $15,185,519
$15,035,519 $15,035,519
$150,000 $150,000 $150,000 $15,185,519
$15,035,519 $15,035,519
$150,000 $150,000 $150,000 $15,185,519
14.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$175,809
$163,744
$163,744
$163,744
14.2 Increase funds for personnel for a $10,000 salary enhancement to Appellate Court Judges' salaries. (H:Increase funds for
personnel for a $12,000 salary enhancement to Appellate Court Judges' salaries)(S:Increase funds for personnel for a 4%
salary enhancement to Appellate Court Judges' salaries)(CC:Increase funds to reflect HB279 (2015 Session), 5% salary
enhancement to Appellate Court Judges' salaries ($96,186) and per diem for Judges residing more than 50 miles from the
Judicial Building ($43,250))
State General Funds
$231,383
$277,659
$121,162
$139,436
14.3 Increase funds for personnel for a $15,000 salary enhancement to match the Superior Court Judges' salary request.
State General Funds
$347,074
$0
$0
$0
14.4 Increase funds for personnel to restore funds for one vacant full-time central staff attorney position.
State General Funds
$154,821
$154,821
$154,821
$154,821
TUESDAY, MARCH 31, 2015
4139
14.5 Increase funds for personnel to restore funds for one vacant full-time fiscal office position.
State General Funds
$69,418
$69,418
$0
$69,418
14.6 Increase funds for information technology to provide for increased costs of software maintenance for the docket system.
State General Funds
$6,750
$6,750
$6,750
$6,750
14.7 Increase funds for trial court records maintenance.
State General Funds
$20,000
$20,000
$20,000
$20,000
14.8 Increase funds for information technology for network maintenance costs due to the Supreme Court leaving the shared
network.
State General Funds
$36,876
$36,876
$36,876
$36,876
14.9 Increase funds for six hours of continued legal education training for staff attorneys.
State General Funds
$10,000
$10,000
$10,000
$10,000
14.10 Increase funds for one-time funding to convert microfilm court records to a searchable PDF format.
State General Funds
$120,000
$120,000
$0
$60,000
14.11 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$101,312
$101,312
$101,312
14.12 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$12,272
$12,272
$12,272
14.13 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$7,342
$7,342
$8,699
14.14 Pursuant to HB279 (2015 Session), provide funding for three new Court of Appeals judgeships and associated staff effective
January 1, 2016.
State General Funds
$1,496,111
14.100 -Court of Appeals
Appropriation (HB 76)
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
$16,207,650 $16,015,713 $15,669,798 $17,314,958
State General Funds
$16,207,650 $16,015,713 $15,669,798 $17,314,958
TOTAL AGENCY FUNDS
$150,000
$150,000
$150,000
$150,000
Sales and Services
$150,000
$150,000
$150,000
$150,000
4140
JOURNAL OF THE HOUSE
Sales and Services Not Itemized TOTAL PUBLIC FUNDS
$150,000 $16,357,650
$150,000 $16,165,713
$150,000 $15,819,798
$150,000 $17,464,958
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
Section Total - Continuation
$13,461,113 $13,461,113 $13,461,113
$13,461,113 $13,461,113 $13,461,113
$2,552,935
$2,552,935
$2,552,935
$2,552,935
$2,552,935
$2,552,935
$1,144,998
$1,144,998
$1,144,998
$1,144,998
$1,144,998
$1,144,998
$1,144,998
$1,144,998
$1,144,998
$17,159,046 $17,159,046 $17,159,046
$13,461,113 $13,461,113
$2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $17,159,046
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
$15,550,528 $15,588,693
$15,550,528 $15,588,693
$2,552,935
$2,552,935
$2,552,935
$2,552,935
$1,144,998
$1,144,998
$1,144,998
$1,144,998
$1,144,998
$1,144,998
$19,248,461 $19,286,626
$15,380,043 $15,380,043
$2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $19,077,976
$15,411,761 $15,411,761
$2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $19,109,694
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
$438,057 $438,057 $438,057
$438,057 $438,057 $438,057
$438,057 $438,057 $438,057
$438,057 $438,057 $438,057
TUESDAY, MARCH 31, 2015
4141
15.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$14,317
$6,126
$6,126
15.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$2,136
$2,136
$2,136
15.100 -Accountability Courts
Appropriation (HB 76)
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
$438,057
$454,510
$446,319
$446,319
State General Funds
$438,057
$454,510
$446,319
$446,319
TOTAL PUBLIC FUNDS
$438,057
$454,510
$446,319
$446,319
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
$0 $0 $172,890 $172,890 $172,890 $172,890
16.100-Georgia Office of Dispute Resolution
Appropriation (HB 76)
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.
4142
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
$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
$471,789 $471,789 $703,203 $703,203 $703,203 $1,174,992
$471,789 $471,789 $703,203 $703,203 $703,203 $1,174,992
$471,789 $471,789 $703,203 $703,203 $703,203 $1,174,992
$471,789 $471,789 $703,203 $703,203 $703,203 $1,174,992
17.1 Increase funds for operations to provide technology equipment for staff, replace aged technology equipment, and meet day-to-
day operating needs for services provided to multiple classes of court.
State General Funds
$21,230
$21,230
$0
$0
17.2 Increase funds for personnel for one curricula specialist to assist the Institute of Continuing Judicial Education with
professional development of judges and court staff.
State General Funds
$49,990
$0
$0
$0
17.3 Increase funds for one-time funding for the statewide cross-jurisdictional conference.
State General Funds
$51,800
$0
$0
$0
17.100 -Institute of Continuing Judicial Education
Appropriation (HB 76)
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
$594,809
$493,019
$471,789
$471,789
State General Funds
$594,809
$493,019
$471,789
$471,789
TOTAL AGENCY FUNDS
$703,203
$703,203
$703,203
$703,203
TUESDAY, MARCH 31, 2015
4143
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$703,203 $703,203 $1,298,012
$703,203 $703,203 $1,196,222
$703,203 $703,203 $1,174,992
$703,203 $703,203 $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.
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
$11,223,561 $11,223,561
$2,552,935 $2,552,935
$268,905 $268,905 $268,905 $14,045,401
$11,223,561 $11,223,561
$2,552,935 $2,552,935
$268,905 $268,905 $268,905 $14,045,401
$11,223,561 $11,223,561
$2,552,935 $2,552,935
$268,905 $268,905 $268,905 $14,045,401
$11,223,561 $11,223,561
$2,552,935 $2,552,935
$268,905 $268,905 $268,905 $14,045,401
18.1 Increase funds to reflect the adjustment in the employer share of the Judicial Retirement System for the Council of State Court
Judges.
State General Funds
$975,040
$809,110
$809,110
$809,110
18.2 Increase funds to continue the Cold Case Project, in conjunction with other agencies serving children in state custody, which
will seek to identify children most likely to age out of foster care without a family.
State General Funds
$175,000
$175,000
$210,000
$100,000
18.3 Increase funds for information technology to support web hosting for the Access to Courts Filing Wizard.
State General Funds
$10,000
$10,000
$0
$10,000
18.4 Increase funds for personnel for one executive director position and associated operating expenses for the Council of Probate
Court Judges.
State General Funds
$113,642
$0
$0
$0
4144
JOURNAL OF THE HOUSE
18.5 Increase funds for grants for civil legal services to victims of domestic violence.
State General Funds
$386,251
$386,251
$193,126
$193,126
18.6 Increase funds for the Council of Municipal Court Judges for continued strategic business and information technology
planning, publication of Standard Operating Procedures, and executive committee and district representative travel related to
district functions. (H:Increase funds for the Council of Municipal Court Judges for publication of Standard Operating
Procedures, and executive committee and district representative travel related to district functions)
State General Funds
$21,795
$11,795
$0
$0
18.7 Increase funds for personnel for three new compliance monitor positions and operations to effectively and efficiently register
and regulate misdemeanor probation providers.
State General Funds
$277,167
$277,167
$277,167
$277,167
18.8 Increase funds to improve and expand training for members of the Georgia Council of Court Administrators.
State General Funds
$7,500
$7,500
$0
$7,500
18.9 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$318,853
$329,738
$329,738
18.10 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$43,218
$43,218
$43,218
18.11 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$43,951
$43,951
$43,951
18.12 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$1,641
$1,641
$5,859
18.13 Increase funds for the Statewide E-filing portal implementation.
State General Funds
$120,000
18.100 -Judicial Council
Appropriation (HB 76)
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
$13,189,956 $13,308,047 $13,131,512 $13,163,230
State General Funds
$13,189,956 $13,308,047 $13,131,512 $13,163,230
TUESDAY, MARCH 31, 2015
4145
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$2,552,935 $2,552,935
$268,905 $268,905 $268,905 $16,011,796
$2,552,935 $2,552,935
$268,905 $268,905 $268,905 $16,129,887
$2,552,935 $2,552,935
$268,905 $268,905 $268,905 $15,953,352
$2,552,935 $2,552,935
$268,905 $268,905 $268,905 $15,985,070
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
$527,706 $527,706 $527,706
$527,706 $527,706 $527,706
$527,706 $527,706 $527,706
$527,706 $527,706 $527,706
19.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$4,709
$2,015
$2,015
19.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$702
$702
$702
19.100-Judicial Qualifications Commission
Appropriation (HB 76)
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
$527,706
$533,117
$530,423
$530,423
State General Funds
$527,706
$533,117
$530,423
$530,423
TOTAL PUBLIC FUNDS
$527,706
$533,117
$530,423
$530,423
4146
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
$800,000 $800,000 $800,000
20.100 -Resource Center
Appropriation (HB 76)
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
$800,000
State General Funds
$800,000
$800,000
$800,000
$800,000
TOTAL PUBLIC FUNDS
$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
Section Total - Continuation
$7,029,264
$7,029,264
$7,029,264
$7,029,264
$7,029,264
$7,029,264
$447,456
$447,456
$447,456
$447,456
$447,456
$447,456
$7,476,720
$7,476,720
$7,476,720
$7,029,264 $7,029,264
$447,456 $447,456 $7,476,720
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
Section Total - Final
$7,596,573
$7,606,988
$7,596,573
$7,606,988
$447,456
$447,456
$447,456
$447,456
$8,044,029
$8,054,444
$7,606,988 $7,606,988
$447,456 $447,456 $8,054,444
$7,606,988 $7,606,988
$447,456 $447,456 $8,054,444
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.
TUESDAY, MARCH 31, 2015
4147
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
$1,493,806 $1,493,806
$447,456 $447,456 $1,941,262
$1,493,806 $1,493,806
$447,456 $447,456 $1,941,262
$1,493,806 $1,493,806
$447,456 $447,456 $1,941,262
$1,493,806 $1,493,806
$447,456 $447,456 $1,941,262
21.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$49,434
$49,434
$49,434
$49,434
21.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$10,415
$10,415
$10,415
21.100 -Council of Juvenile Court Judges
Appropriation (HB 76)
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
$1,543,240
$1,553,655
$1,553,655
$1,553,655
State General Funds
$1,543,240
$1,553,655
$1,553,655
$1,553,655
TOTAL FEDERAL FUNDS
$447,456
$447,456
$447,456
$447,456
Federal Funds Not Itemized
$447,456
$447,456
$447,456
$447,456
TOTAL PUBLIC FUNDS
$1,990,696
$2,001,111
$2,001,111
$2,001,111
Grants to Counties for Juvenile Court Judges
Continuation Budget
The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
$5,535,458 $5,535,458 $5,535,458
$5,535,458 $5,535,458 $5,535,458
$5,535,458 $5,535,458 $5,535,458
$5,535,458 $5,535,458 $5,535,458
22.1 Increase funds to reflect an adjustment in the employer share of the Judicial Retirement System.
State General Funds
$496,625
$496,625
$496,625
$496,625
22.2 Increase funds for Grants to Counties for Juvenile Court Judges pursuant to O.C.G.A. 15-11-52 effective January 1, 2015.
State General Funds
$21,250
$21,250
$21,250
$21,250
4148
JOURNAL OF THE HOUSE
22.100 -Grants to Counties for Juvenile Court Judges
Appropriation (HB 76)
The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries.
TOTAL STATE FUNDS
$6,053,333
$6,053,333
$6,053,333
$6,053,333
State General Funds
$6,053,333
$6,053,333
$6,053,333
$6,053,333
TOTAL PUBLIC FUNDS
$6,053,333
$6,053,333
$6,053,333
$6,053,333
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
Section Total - Continuation
$67,200,857 $67,200,857 $67,200,857
$67,200,857 $67,200,857 $67,200,857
$1,802,127
$1,802,127
$1,802,127
$1,802,127
$1,802,127
$1,802,127
$1,802,127
$1,802,127
$1,802,127
$69,002,984 $69,002,984 $69,002,984
$67,200,857 $67,200,857
$1,802,127 $1,802,127 $1,802,127 $69,002,984
TOTAL STATE FUNDS State General Funds
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
$72,044,659 $70,026,029
$72,044,659 $70,026,029
$2,047,482
$2,047,482
$245,355
$245,355
$245,355
$245,355
$1,802,127
$1,802,127
$1,802,127
$1,802,127
$74,092,141 $72,073,511
$70,660,663 $70,660,663
$2,047,482 $245,355 $245,355
$1,802,127 $1,802,127 $72,708,145
$71,295,494 $71,295,494
$2,047,482 $245,355 $245,355
$1,802,127 $1,802,127 $73,342,976
Council of Superior Court Clerks
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
$185,580 $185,580 $185,580
$185,580 $185,580 $185,580
$185,580 $185,580 $185,580
$185,580 $185,580 $185,580
TUESDAY, MARCH 31, 2015
4149
23.100 -Council of Superior Court Clerks
Appropriation (HB 76)
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
$185,580
$185,580
$185,580
$185,580
State General Funds
$185,580
$185,580
$185,580
$185,580
TOTAL PUBLIC FUNDS
$185,580
$185,580
$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
$60,672,663 $60,672,663
$1,802,127 $1,802,127 $1,802,127 $62,474,790
$60,672,663 $60,672,663
$1,802,127 $1,802,127 $1,802,127 $62,474,790
$60,672,663 $60,672,663
$1,802,127 $1,802,127 $1,802,127 $62,474,790
$60,672,663 $60,672,663
$1,802,127 $1,802,127 $1,802,127 $62,474,790
24.1 Increase funds for district attorney court travel and training.
State General Funds
$216,229
$0
$0
$0
24.2 Increase funds for personnel for 11 additional assistant district attorneys to support Accountability Courts in the following
circuits: Alapaha, Bell-Forsyth, Douglas, Dublin, Eastern, Griffin, Macon, Northern, South Georgia, Southwestern, and
Towaliga. (H and S:Increase funds for personnel for five additional assistant district attorneys to support Accountability
Courts in the circuits with the greatest need)(CC:Increase funds for personnel for 11 additional assistant district attorneys to
support Accountability Courts in the following circuits: Alapaha, Bell-Forsyth, Douglas, Dublin, Eastern, Griffin, Macon,
Northern, South Georgia, Southwestern, and Towaliga)
State General Funds
$914,691
$415,769
$415,769
$914,691
24.3 Increase funds for personnel for 15 additional assistant district attorneys to support Juvenile Courts across the state. (H and
S:Increase funds for personnel for seven additional assistant district attorneys to support Juvenile Courts across the
state)(CC:Increase funds for personnel for 15 additional assistant district attorneys to support Juvenile Courts across the
state)
State General Funds
$1,247,305
$582,076
$582,076
$1,247,305
4150
JOURNAL OF THE HOUSE
24.4 Increase funds for personnel to increase the monthly supplement for chief assistant district attorneys from $100 to $500 per
month. (H and S:Increase funds to increase the monthly supplement for chief assistant district attorneys from $100 to $300 per
month)
State General Funds
$383,658
$191,829
$191,829
$191,829
24.5 Increase funds for personnel for recruitment, retention and career advancement of assistant district attorneys, investigators,
and secretaries. (H:Increase funds for personnel to provide for pay parity for secretaries)(S:Increase funds for personnel for
recruitment, retention and career advancement of assistant district attorneys)
State General Funds
$1,897,805
$114,885
$759,543
$0
24.6 Increase funds for personnel to annualize two assistant district attorneys reflecting the increase of new judgeships in the
Coweta and Waycross Judicial Circuits as provided in HB744 (2014 session).
State General Funds
$104,522
$104,522
$104,522
$104,522
24.7 Increase funds for contracts to recognize contract with the Department of Human Services.
Agency to Agency Contracts
$245,355
$245,355
$245,355
$245,355
24.8 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$601,133
$601,133
$601,133
24.9 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$416,569
$416,569
$416,569
24.10 Increase funds for personnel for an assistant district attorney to reflect the new judgeship in the Western Judicial Circuit
starting April 1, 2016.
State General Funds
$26,253
$26,253
$26,253
24.11 Increase funds for personnel to provide a salary supplement to District Attorneys receiving a county supplement of less than
$15,000. (S:Increase funds for personnel for a 2% salary enhancement to District Attorneys' salaries)(CC:Increase funds to
reflect HB279 (2015 Session), 5% salary enhancement to District Attorneys' salaries ($219,874) and $6,000 accountability
court supplement ($183,642))
State General Funds
$190,793
$180,769
$403,516
24.100-District Attorneys
Appropriation (HB 76)
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
$65,436,873 $63,316,492 $63,951,126 $64,578,481
State General Funds
$65,436,873 $63,316,492 $63,951,126 $64,578,481
TOTAL INTRA-STATE GOVERNMENT TRANSFERS
$2,047,482
$2,047,482
$2,047,482
$2,047,482
TUESDAY, MARCH 31, 2015
4151
State Funds Transfers Agency to Agency Contracts
Federal Funds Transfers Federal Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
$245,355 $245,355 $1,802,127 $1,802,127 $67,484,355
$245,355 $245,355 $1,802,127 $1,802,127 $65,363,974
$245,355 $245,355 $1,802,127 $1,802,127 $65,998,608
$245,355 $245,355 $1,802,127 $1,802,127 $66,625,963
Prosecuting Attorneys' Council
Continuation Budget
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
$6,342,614 $6,342,614 $6,342,614
$6,342,614 $6,342,614 $6,342,614
$6,342,614 $6,342,614 $6,342,614
$6,342,614 $6,342,614 $6,342,614
25.1 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs. (H and S:Reduce funds to reflect an adjustment to agency premiums for Department of Administrative
Services administered self insurance programs)
State General Funds
$6,188
($297,158)
($297,158)
($297,158)
25.2 Increase funds for personnel for one human resources generalist position.
State General Funds
$73,404
$0
$0
$0
25.3 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$413,944
$413,944
$413,944
25.4 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$52,412
$52,412
$52,412
25.5 Increase funds to reflect an adjustment in Teamworks billings.
State General Funds
$12,145
$12,145
$19,621
25.100 -Prosecuting Attorneys' Council
Appropriation (HB 76)
The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors.
TOTAL STATE FUNDS
$6,422,206
$6,523,957
$6,523,957
$6,531,433
State General Funds
$6,422,206
$6,523,957
$6,523,957
$6,531,433
TOTAL PUBLIC FUNDS
$6,422,206
$6,523,957
$6,523,957
$6,531,433
4152
JOURNAL OF THE HOUSE
Section 9: Superior Courts
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
Section Total - Continuation
$64,909,147 $64,909,147 $64,909,147
$64,909,147 $64,909,147 $64,909,147
$137,000
$137,000
$137,000
$87,000
$87,000
$87,000
$87,000
$87,000
$87,000
$50,000
$50,000
$50,000
$50,000
$50,000
$50,000
$65,046,147 $65,046,147 $65,046,147
$64,909,147 $64,909,147
$137,000 $87,000 $87,000 $50,000 $50,000
$65,046,147
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
Section Total - Final
$72,631,324 $67,664,346
$72,631,324 $67,664,346
$137,000
$137,000
$87,000
$87,000
$87,000
$87,000
$50,000
$50,000
$50,000
$50,000
$72,768,324 $67,801,346
$68,083,132 $68,083,132
$137,000 $87,000 $87,000 $50,000 $50,000
$68,220,132
$69,084,000 $69,084,000
$137,000 $87,000 $87,000 $50,000 $50,000
$69,221,000
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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
$1,353,844 $1,353,844
$35,000 $35,000 $35,000 $1,388,844
$1,353,844 $1,353,844
$35,000 $35,000 $35,000 $1,388,844
$1,353,844 $1,353,844
$35,000 $35,000 $35,000 $1,388,844
$1,353,844 $1,353,844
$35,000 $35,000 $35,000 $1,388,844
TUESDAY, MARCH 31, 2015
4153
26.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
State General Funds
$20,244
$20,244
$20,244
$20,244
26.2 Increase funds for merit-based pay adjustments and employee recruitment and retention initiatives effective July 1, 2015.
State General Funds
$17,474
$17,474
$17,474
26.3 Increase funds to reflect an adjustment to agency premiums for Department of Administrative Services administered self
insurance programs.
State General Funds
$5,847
$5,847
$5,847
26.100 -Council of Superior Court Judges
Appropriation (HB 76)
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
$1,374,088
$1,397,409
$1,397,409
$1,397,409
State General Funds
$1,374,088
$1,397,409
$1,397,409
$1,397,409
TOTAL AGENCY FUNDS
$35,000
$35,000
$35,000
$35,000
Sales and Services
$35,000
$35,000
$35,000
$35,000
Sales and Services Not Itemized
$35,000
$35,000
$35,000
$35,000
TOTAL PUBLIC FUNDS
$1,409,088
$1,432,409
$1,432,409
$1,432,409
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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS
$2,500,166 $2,500,166
$87,000 $87,000 $87,000 $2,587,166
$2,500,166 $2,500,166
$87,000 $87,000 $87,000 $2,587,166
$2,500,166 $2,500,166
$87,000 $87,000 $87,000 $2,587,166
$2,500,166 $2,500,166
$87,000 $87,000 $87,000 $2,587,166
27.1 Increase funds to reflect an adjustment in the employer share of the Employees'